Petroleum Transportation & Storage Association — Hazardous Materials Safety Interpretation

Page 1U.S. .Department of Transportation Pipeline and Hazardous Materials Safety Administration NOV 2 8 2007 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Mark Morgan, Esq. Regulatory Counsel Petroleum Transportation & Storage Association 4200 Wisconsin Avenue N W, Suite 106 Washington, DC 200 16 Ref. No. 07-0 100 Dear Mr. Morgan: This responds to your May 8,2007 letter and subsequent emails requesting clarification of information provided in a July 3 1,2006 letter (Ref. No. 06-01 22) to Mr. Michael Ritchie of the Minnesota Department of Transportation regarding the appropriate proper shipping names for biodiesel blends B2 and B20. Mr. Ritchie indicated that the biodiesel blends B2 and B20 consist of diesel fuel mixed with biodiesel at blending rates of 2% and 20% biodiesel, respectively. According to Mr. Ritchie, the biodiesel blends have flash points meeting the criteria for Class 3 (flammable) liquids under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80). Mr. Ritchie asked about shipping names appropriate for these products. In our July 3 1,2006 letter, we stated that the B2 and B20 diesellfuel oillbiodiesel blends must be described with the proper shipping names "Diesel fuel solution, NA1993," "Diesel fuel solution, UN-1202," "Fuel oil solution, NA 1993," or "Flammable liquid, n.0.s. (diesel fuellfuel oil) L N 1993." As indicated in our initial letter, a mixture or solution of a hazardous material identified in the § 172.101 Hazardous Materials Table (HMT) by technical name and a non- hazardous material must be described using the proper shipping name of the hazardous material and the qualifying word "mixture" or "solution" unless otherwise excepted (see 172.101 ( 1 0)) It is our understanding that diesel fuellbiodiesel blends that contain up to 5% biodiesel meet the criteria established in ASTM Standard D 975 for diesel fuel. For this reason, we are revising our response concerning the appropriate proper shipping name for biodiesel blend B2 - a shipper may use the proper shipping name "diesel fbel" without the qualifying term "solution" for diesel fuellbiodiesel blends containing up to 5% biodiesel.#

Page 2The following chart shows the proper shipping names that may be used to describe the above-referenced blends of diesel fuel and biodiesel: I I Blend B2 I Authorized Proper I Components I Shipping ~ a m k s 98% diesel fuel blended with 2% biodiesel Diesel fuel, NA1993 1 1 I Diesel fuel, UN1202 1 ( Gas oil, UN 1202 B20 1 80% diesel fuel blended with 20% biodiesel I Diesel fuel solution, NA 1993 I Diesel fuel solution, UN 1202 Gas oil solution, UN 1202 Paragraphs (c)(4) and (c)(5) of section 172.336 provide an exception from UN identification number marking requirements for liquid petroleum distillate fuels. In accordance with this section, UN identification numbers are not required for each of the liquid petroleum distillate fuels transported in cargo tanks or compartmented cargo tanks provided the identification number is displayed for the distillate fuel having the lowest flash point. In conversations subsequent to your letter, you asked whether the exception from UN identification number marking requirements for liquid petroleum distillate fuels may be utilized for diesel fuellbiodiesel blends. The answer is yes. Thus, for petroleum distillate fuels, including diesel fuelhiodiesel blends, transported in cargo tanks or multi- compartmented cargo tanks, you may mark the transport vehicle with the UN identification number for the distillate fuel having the lowest flashpoint. In addition to the above mentioned products, you asked about the proper shipping name for ethanol blend E10. Please note that, in a notice of proposed rulemaking (NPRM) published under Docket Number HM-218D (71 FR 55757; September 25,2006), we proposed to add a new entry to the HMT for ethanol and gasoline mixtures containing . more than 10% ethanol and to revise the HMT entries "Gasohol, gasoline mixed with ethyl alcohol, with not more than 20 percent alcohol, " NA 1203 and "Gasoline," UN1203. The proposed revisions are intended to help emergency response personnel respond appropriately to incidents involving such fuel mixtures. A copy of the HM-218D NPRM is enclosed. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, dward T. Mazzullo Director Office of Hazardous Materials Standards Enclosure: HM-2 18D, Hazardous Materials; Miscellaneous Amendments, Notice of proposed rulemaking Cc: Mr. Michael Ritchie Minnesota Department of Transportation#

Page 3PTSA Petroleum Ti-ansportatim & Storage Association May 8,2007 Hattie Mitchell, Chief Regu!a?cry Rsvielv and Reinvention U.S. DOT PHMSA East Building PHH-I 0 1200 New Jersey Avenue, S.E. Washington, D.C. 20590 RE: HAZMAT Shipping Papers for Biodiesel and Ethanol Dear Ms Mitchell: In a letter dated July 3 1, 2006 to Mike Ritchie, Minnesota Department of Transportation (Ref. No. 06-0122) you clarified HMR; 49 CFR Parts 171-180 regarding proper shipping names for diesel fuel and fuel oils mixed with vegetable and animal oils and gasoline mixed with denatured alcohol (biodiesel and ethanol). The U.S. DOT Hazardous Material Hotline is providing information for these shipping papers that differ from the proper shipping names contained in your letter to Mr. Ritchie. Please confirm that the following shipping names comply with the HMR for bio-diesel and ethanol blends: B-2 Biodiesel "Diesel Fuel Solution NA 1993 PG 111" or "Fuel Oil Solution NA1993 PG 111" or "Diesel Fuel Solution UN1202 PG 111'' B-20 Biodiesel "Fuel Oil Solution NA1993 PG III" or "Flammable Liquid n.0.s. (he1 oil solution) UN1993 PG 11" "Gasohol NA1203 PG 11" or. "Flammable Liquid, n.0.s. (contains gasoline with 10% denatured alcohol) UN 1993 PG 11" 4200 Wisconsin Avenue N.W. Suite 106 Washington, DC 2001 6 Phone: (202)364-6767 Fax: (202)966-4560#

Page 4Page 2. Hattie Mitchell, May 8, 2007 Since there remains considerable confusion regarding this issue among not only the regulated industry but also within state and federal transportation enforcement authorities, I am requesting an expedited response to this inquiry. If you should have any questions, please do not hesitate to contact me at (202) 364-6767 or mrnor~anutsa0,cox.net. Thank you. Sin erely, / F Rc,, L > k(L, ZY- Mark S. Morgan, Esq. J ( Regulatory Counsel Petroleum Marketers Association of America Petroleum Transportation and Storage Association cc: Dan Gilligan, President Petroleum Marketers Association of America#