Potash Corp. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 Materials Safety Pipeline and Hazardous Administration SEP 1 9. 2016 Tracey G. Smith Manager, Regulatory Compliance PotashCorp 1101 Skokie Blvd., Ste 400 Northbrook, IL 60062 Ref. No. 16-0100 Dear Mr. Smith: This responds to your June 7, 2016 email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to anhydrous ammonia being regulated as a marine pollutant. Your questions are paraphrased and answered as follows: Q1. What does the "(I)" located behind "Ammonia, anhydrous" in Appendix B of the § 172.101 Hazardous Materials Table indicate? Al. It indicates that a hazardous material that has been classified under the international entry, "UN 1005, Ammonia, anhydrous, 2.3"' is regulated as a marine pollutant if it also meets the definition of a marine pollutant in § 171.8. Q2. Why is "Ammonia, anhydrous" transported under the domestic entry not listed as a marine pollutant under Appendix B of the HMT while "Ammonia solutions" is regulated as a marine pollutant domestically? A2. A final rule published on January 8, 2014 [(HM-215M); 80 FR 1075] revised Appendix B to § 172.101 by adding sixty-two new entries to the List of Marine Pollutants to harmonize with the International Maritime Dangerous Goods (IMDG) Code. However, we chose not to impose new requirements on the transportation of "ammonia, anhydrous" domestically because of the authorized classification as Division 2.2 for domestic transportation. I trust this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Let the 1. 9 Dirk Der' Chief, Standards Development Branch Standards and Rulemaking Division#

Page 2Ciccarone §172.101 HMT Dodd, Alice (PHMSA) 16-0100 From: Rivera, Jordan CTR (PHMSA) Sent: Tuesday, June 07, 2016 11:45 AM To: Hazmat Interps Subject: FW: Request Formal Interpretation on Ammonia, Anhydrous (I) in Appendix B of HMT Hi Shante/Alice, Please submit this as a letter of interpretation. Mr. Smith spoke to Candace and myself in the Info Center. Please let me know if you have any questions. Thanks, Jordan From: TGSmith@potashcorp.com [mailto:TGSmith@potashcorp.com] To: PHMSA HM InfoCenter Sent: Tuesday, June 07, 2016 11:36 AM Subject: Request Formal Interpretation on Ammonia, Anhydrous (I) in Appendix B of HMT I would like to formally request an Interpretation on the following two questions: Q1: What does the "(I)" "behind Ammonia, anhydrous (I)"? The only place I see the "(I)" mentioned is in 172.101(a)(5) but that only address the HMT column 1 entries? Q2: If Ammonia, anhydrous is only regulated as a "Marine Pollutant" for international shipments; why wouldn't Ammonia Solutions be considered exempt from domestic shipments as well; since they are environmentally less toxic to the Marine environment than Anhydrous Ammonia which is in a 99 - 100% concentration of Ammonia? Thank you very much, Mailing Address is : Northbrook, IL 60062 1101 Skokie Blvd., Ste 400 Mr. Tracey G. Smith Manager, Regulatory Compliance PotashCorp T: (847) 849-4358 C: (847) 208-2727 tgsmith@potashcorp.com F: (847) 849-4692 www.potashcorp.com Ke PotashCorp This message may contain confidential Information. If you are not the designated recipient, please notify the sender immediately, and delete the original and any copies. Any use of this message without approval by PCS is prohibited 1#