DuPont Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave., SE Washington, DC 20590 Mr. Randolph Martin DuPont Lancaster Pike BMP 221222 Wilmington, DE 19805 Ref. No.: 08-0272 Dear Mr. Martin: This responds to your letter dated October 29,2008, regarding requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1 - 180) applicable to the use of portable tanks. Specifically, you ask for clarification of the provisions in 5 17 1.14(d)(4) and 5 173.32(~)(2) that allow for IM, IMO, and DOT 51 portable tanks to be used after January 1,20 10. You indicate that confusion regarding the wording used in 5 17 1.14(d)(4) and two seemingly contradictory letters of interpretation (Ref. Numbers: 05-0072 and 08-0208) have prompted your inquiry. You make a valid point that 5 17 1.14(d)(4) and a previous letter of interpretation, Ref. No. 05-0072, can be understood to imply that Specification DOT 5 1 portable tanks and IMO portable tanks are subject to the "T" code special provisions . We regret the confusion. As previously stated in a letter of interpretation, Ref. No. 08-0208, the changes made to 5 17 1.14(d)(4) allow, until January 1,201 0, IM portable tanks to use the "T" Code special provisions listed in Column 7 of the Hazardous Materials Table (HMT; 5 172.10 1) that were in effect on September 30,2001. IM portable tanks may continue to be used after January 1,20 10 for the transportation of a hazardous material provided they meet the requirements of the HMR, including the specification requirements for the transportation of the particular hazardous material according to the "T" codes in effect at the time of use and provided the portable tanks conform to the periodic inspection and tests specified for the particular portable tank in subpart G of part 180 of the HMR. The revisions do not prohibit the use of DOT 5 1 or IMO portable tanks. Further, in accordance with 5 172.102(~)(7)(i), DOT 5 1 and IMO portable tanks are generally not subject to the "T" Code special provisions. However, as stated in 5 173.32(b)(2), where a Specification IMl 01 or IM102 portable tank is prescribed, a UN portable tank or Specification 5 1 portable tank conforming to the special commodity requirements of 4 172.102(~)(7) for the material to be transported may be used. Therefore, properly requalified and maintained DOT 5 1 or IMO portable tanks that meet the design#

Page 2requirements in effect at the time of manufacture and applicable special provisions (e.g., Special Provision B30 for minimum thickness) may continue to be used after January 1, 2010 to transport authorized hazardous materials (See Column 8 of the HMT for information on authorized packagings). A copy of PHMSA letter of clarification Ref. No. 08-0208 is enclosed. I hope this satisfies your inquiry. If we can be of fwther assistance, please contact us. Sincerely, f i o k k - e ? Charles E. Betts Chief, Standards Development ffice of Hazardous Materials Standards#

Page 3From: Gorsky, Susan <PHMSA> Sent: Wednesday, October 29, 2008 7:59 AIM To: Drakeford, Carolyn <PHMSA> Subject: FW: HM-215D From: Randolph Martin [mailto:Randolph.Martin@USA.dupont.com] Sent: Tuesday, October 28,2008 4:25 PM To: Gorsky, Susan <PHMSA> Subject: HM-21SD Susan - there have been several seemingly contradictory interpretations issued dealing with the continued use of IM, IMO and DOT 51 portable tanks after January 1,2010. There is no question that these tanks can continue to be used, but we are unsure as to which specifications (special provisions) they must comply with. PHMSA lnterpretation 05-0072 clearly states that after 1/1/2010 these tanks will be subject to the T Codes in effect on that date (1/1/2010). Yet PHMSA lnterpretation #08-0208 states that DOT 51 tanks are not even subject to "T" Code special provisions, even though 171.14(d)(4) clearly states that they are. Our understanding after reading HM-215D was that the continued use of IM, IMO and DOT 51 tanks after 1/1/2010 was allowed as long as the tanks met the applicable (new) T codes that became effective 10/1/2001. In effect, on 1/1/2010 all portable tanks would have to meet the applicable (new) T Codes in Column 7 of the 172.101 table. So I have 2 simple questions: 1) Can in fact IM, IMO and DOT 51 portable tanks continue to be used past 1/1/201 O? 2) If yes, what are the applicable T codes or special provisions or specifications they must comply with? Thanks in advance for a quick response. Call me on 302-992-3443 to discuss further. This communication is for use by the intended recipient and contains information that may be Privileged, confidential or copyrighted under applicable law. If you are not the intended recipient, you are hereby formally notified that any use, copying or distribution of this e-mail, in whole or in part, is strictly prohibited. Please notify the sender by return e-mail and delete this e-mail from your system. Unless explicitly and conspicuously designated as "E-Contract Intended", this e-mail does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. This e-mail does not constitute a consent to the use of sender's contact information for direct marketing purposes or for transfers of data to third parties. Francais Deutsch Italiano Espanol Portugues Japanese Chinese Korean http#