Superior Plus Propane — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 September 2, 2021 Mr. Timothy Decker Field Health and Safety Specialist Superior Plus Propane 1870 South Winton Road Rochester, NY 14618 Reference No. 21-0073 Dear Mr. Decker: This letter is in response to your July 8, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to shipping paper retention and recordkeeping requirements. You describe a scenario in which a shipping paper—describing “UN1075, Liquefied Petroleum Gas, 2.1”—is used for multiple shipments. In addition, you state that the carrier retains a record of each shipment made and describes the material as “1075 Propane LPG.” You ask whether the description of the hazardous material on the shipping paper and the record of shipment must match exactly. As you note in your email, the final sentence of paragraph (e) in § 172.201 states, “A motor carrier (as defined in § 390.5 of subchapter B of chapter III of subtitle B) using a shipping paper without change for multiple shipments of one or more hazardous materials having the same shipping name and identification number may retain a single copy of the shipping paper, instead of a copy for each shipment made, if the carrier also retains a record of each shipment made, to include shipping name, identification number, quantity transported, and date of shipment.” Therefore, it is the opinion of this Office that to comply with the above requirement, the proper shipping name and identification number on both the shipping paper and the record of each shipment must match.#

Page 2In the scenario you describe, and the accompanying documents submitted with your request, the proper shipping names do not match. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, Dirk Der Kinderen Chief, Standards Development Branch Standards and Rulemaking Division#

Page 3Ciccarone From: INFOCNTR (PHMSA) To: Date: Dodd, Alice (PHMSA); Hazmat Interps Subject: FW: Request for Clarification Thursday, July 8, 2021 2:31:40 PM Attachments: image001.png image002.png image003.png Shipping Paper.pdf Delivery ticket2.pdf Daily summary 6 15 21 (2).pdf 21-0073 Good afternoon Alice, Please see the letter of interpretation request below and the associated documents attached. Please contact our office with any questions. Best, Sarah (HMIC) From: Decker, Tim <tdecker@superiorplusenergy.com> Sent: Thursday, July 8, 2021 1:41 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Request for Clarification CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. I am requesting clarification on 49 CFR 172.201(e) which states: Retention and Recordkeeping. Each person who provides a shipping paper must retain a copy of the shipping paper required by § 172.200(a), or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, the shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, the shipping paper must be retained for two years after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the initial carrier, except that, for rail, vessel, or air shipments, the date on the shipment waybill, airbill, or bill of lading may be used in place of the date of acceptance by the initial carrier. A motor carrier (as defined in § 390.5 of subchapter B of chapter III of subtitle B) using a shipping paper without change for multiple shipments of one or more hazardous materials having the same shipping name and identification number may retain a single copy of the shipping paper, instead of a copy for each shipment made, if the carrier also retains a record of each shipment made, to include shipping name, identification number, quantity transported, and date of shipment. I have highlighted the section in question. Attached is a copy of our “permanent” shipping paper. Also attached, with customer identifying information redacted, are a copy of a delivery receipt and a daily summary of the driver’s daily work. These are the documents that are retained as a “record of each shipment made”.#

Page 4Is the bracketed information on the delivery ticket sufficient to meet the intent of the regulation? Or, does the information on the delivery ticket need to match, exactly, the wording on the shipping paper as to shipping name and identification number? On a recent audit, it was alleged that “1075 Propane LPG” on the delivery ticket does NOT meet the requirements of the regulation as to shipping name and identification number. Regards, Timothy Decker Field Health and Safety Specialist Superior Plus Propane Address: 1870 South Winton Rd., Rochester, NY 14618 Mobile: 845-527-1040 Email:tdecker@superiorplusenergy.com Website: www.superiorplusenergy.com The primary responsibility for safety lies with those who create the risks and those who work with them.#

Page 5HAZARDOUS MATERIAL SHIPPING PAPER Date: ____________________ Company Name or Account Number #: _______________________________________________________ _____ UN1075, PETROLEUM GASES, LIQUEFIED, 2.1 _____ UN1075, LIQUEFIED PETROLEUM GAS, 2.1 _____ UN1075, PROPANE, 2.1 _____ UN1978, PROPANE, 2.1 _____ NONCORROSIVE _____ NOT FOR Q and T TANKS (Only required for MC 330 or MC 331 cargo tank) __________ Cargo Tank __________ Portable Tank __________ Tank __________ Cylinders (check one) Quantity: _______________ Gal Lbs (check one) INFOTRAC EMERGENCY CONTACT: 24-HOUR NUMBER: 1-800-535-5053 OR +1-352-323-3500 EMERGENCY RESPONSE INFORMATION IS ON THE BACK: ERG 115 DRIVER RESPONSIBILITIES Shipping Paper Accessibility: A driver of a motor vehicle containing hazardous material, and each carrier using such a vehicle, shall ensure that the shipping paper is readily available to, and recognizable by, authorities in the event of accident or inspection. Specifically, the driver and the carrier shall: 1. Clearly distinguish the shipping paper, if it is carried with other shipping papers or other papers of any kind, by either distinctively tabbing it or by having it appear first; and 2. When the driver is at the vehicle’s controls, the shipping paper shall be: a. Within his immediate reach while he is restrained by the lap belt; and b. Either readily visible to a person entering the driver’s compartment or in a holder which is mounted to the inside of the door on the driver’s side of the vehicle. 3. When the driver is not at the vehicle’s controls, the shipping paper shall be: a. In a holder which is mounted to the inside of the door on the driver’s side of the vehicle; or b. On the driver’s seat in the vehicle. Vehicle: 1. Check for proper placards (front, sides, and rear) if required. 2. Check emergency warning devices and fire extinguisher. 3. Inspect vehicle (oil, tires, etc.). 4. Check load securement. Accident or Emergency: 1. Set warning signals to protect the scene. 2. Stay with the vehicle (if it is safe to do so). 3. Get others to call police, fire departments, and supervisors. 4. Protect scene from fire, sparks, and smokers. 5. Keep spectators away. 6. Give shipping paper to emergency personnel. 7. Follow general accident procedures of obtaining names, license numbers, etc. 8. Avoid making any statements that may cause panic, and give information only to authorized persons. Printed by Infotrac: 1-352-323-3500 The Emergency Response Guide Information is extracted from the Emergency Response Guidebook (ERG) Revision Number: 2016.2 Part Number: LSP-Propane#

Page 6EMERGENCY RESPONSE GUIDE (ERG) 115 GASES – FLAMMABLE (INCLUDING REFRIGERATED LIQUIDS) POTENTIAL HAZARDS EMERGENCY RESPONSE FIRE OR EXPLOSION  EXTREMELY FLAMMABLE.  Will be easily ignited by heat, sparks or flames.  Will form explosive mixtures with air.  Vapors from liquefied gas are initially heavier than air and spread along ground.  Vapors may travel to source of ignition and flash back.  Cylinders exposed to fire may vent and release flammable gas through pressure relief devices.  Containers may explode when heated.  Ruptured cylinders may rocket. HEALTH  Vapors may cause dizziness or asphyxiation without warning.  Some may be irritating if inhaled at high concentrations.  Contact with gas or liquefied gas may cause burns, severe injury and/or frostbite.  Fire may produce irritating and/or toxic gases. FIRE  DO NOT EXTINGUISH A LEAKING GAS FIRE UNLESS LEAK CAN BE STOPPED. Small Fire  Dry chemical or CO2. Large Fire  Water spray or fog.  Move containers from fire area if you can do it without risk. Fire involving Tanks  Fight fire from maximum distance or use unmanned hose holders or monitor nozzles.  Cool containers with flooding quantities of water until well after fire is out.  Do not direct water at source of leak or safety devices; icing may occur.  Withdraw immediately in case of rising sound from venting safety devices or discoloration of tank.  ALWAYS stay away from tanks engulfed in fire.  For massive fire, use unmanned hose holders or monitor nozzles; if this is impossible, withdraw from area and let fire burn. PUBLIC SAFETY  CALL INFOTRAC AT 1-800-535-5053 AS SOON AS POSSIBLE.  As an immediate precautionary measure, isolate spill or leak area for at least 100 meters (330 feet) in all directions.  Keep unauthorized personnel away.  Stay upwind, uphill and/or upstream.  Many gases are heavier than air and will spread along ground and collect in low or confined areas (sewers, basements, tanks). PROTECTIVE CLOTHING  Wear positive pressure self-contained breathing apparatus (SCBA).  Structural firefighters’ protective clothing will only provide limited protection.  Always wear thermal protective clothing when handling refrigerated/cryogenic liquids. SPILL OR LEAK  ELIMINATE all ignition sources (no smoking, flares, sparks or flames in immediate area).  All equipment used when handling the product must be grounded.  Do not touch or walk through spilled material.  Stop leak if you can do it without risk.  If possible, turn leaking containers so that gas escapes rather than liquid.  Use water spray to reduce vapors or divert vapor cloud drift. Avoid allowing water runoff to contact spilled material.  Do not direct water at spill or source of leak.  Prevent spreading of vapors through sewers, ventilation systems and confined areas.  Isolate area until gas has dispersed. CAUTION: When in contact with refrigerated/cryogenic liquids, many materials become brittle and are likely to break without warning. EVACUATION Large Spill  Consider initial downwind evacuation for at least 800 meters (1/2 mile). Fire  If tank, rail car or tank truck is involved in a fire, ISOLATE for 1600 meters (1 mile) in all directions; also, consider initial evacuation for 1600 meters (1 mile) in all directions.  In fires involving Liquefied Petroleum Gases (LPG) (UN1075); Butane, (UN1011); Butylene, (UN1012); Isobutylene, (UN1055); Propylene, (UN1077); Isobutane, (UN1969); and Propane, (UN1978), also refer to BLEVE – SAFETY PRECAUTIONS (ERG Page 368). In Canada, an Emergency Response Assistance Plan (ERAP) may be required for this product. Please consult the shipping document and/or the ERAP Program Section (ERG page 391). FIRST AID  Ensure that medical personnel are aware of the material(s) involved and take precautions to protect themselves.  Move victim to fresh air.  Call 911 or emergency medical service.  Give artificial respiration if victim is not breathing.  Administer oxygen if breathing is difficult.  Remove and isolate contaminated clothing and shoes.  Clothing frozen to the skin should be thawed before being removed.  In case of contact with liquefied gas, thaw frosted parts with lukewarm water.  In case of burns, immediately cool affected skin for as long as possible with cold water. Do not remove clothing if adhering to skin.  Keep victim calm and warm. Printed by Infotrac: 1-352-323-3500 The Emergency Response Guide Information is extracted from the Emergency Response Guidebook (ERG) Revision Number: 2016.2 Part Number: LSP-Propane#

Page 7Energy Services PO Box 981045 Boston MA 02298-1045 Gas Incorporated | 770-483-4768 LOGANVILLE, GA 30052 351+74 LOGANVILLE, GA 30052 0 GAS INC 330 GAL TANK (SERIAL # 1H19025) 33 IICKET NUMBER 16618 DATE 06/15/21 START COUNT 0.0 GALLONS END NET COUNT 100.0 GALLONS NET DELIVERY 100.0 GALLONS L075 PROPANE LPG 1 GALLONS CORRECTED TO 60.0°F SALE NUMBER 6367 Invoice No. 2334959 Account No. Date Delivered 13:35 06/15/21 Gallons Delivered 100.0 Truck 4619 BT Driver 497 Propane $200000 <100.0 Gallons @ $r100000 Hazmat Fee GA Walton CO 3% $7.17 GA Sales tax 4% $9.56 TOTAL $ THIS DEL. Cann Propane pay online @ mypropaneaccount.com#

Page 8Delivery Shift Summary 06/15/2021 Kaelah Webb Miles: 73.0 Start: 08:21 AM Truck: 4619 BT End: 04:54 PM Route Name: 6304_K WEBB_06/15/2021 Totalizer Information: Start Odom: 77731.0 End Odom: 77804.0 Start Eng Hours: End Eng Hours: Shift Transactions: Register # Serial # Totalizer # Start Totalizer End Totalizer Shift GallonsTotal Propane Location 1 1 1326934.70 1327778.90 844.20 Delivery Internal Load Conyers Bulk Plant Payments Collected: Customer # Customer Name Type Amount Total Shift Transactions: Fuel Time Transaction # Account # Description Partial Runout Quantity Propane 10:08 AM 2316181 1477200 CSC ATLANTA LLC -152.2 10:34 AM 2316183 1477200 CSC ATLANTA LLC -74.4 11:32 AM 2305760 1066560 JOHN MEME X -40.4 1:20 PM 2310630 1678050 ALICE STILL RENTAL -100.0 1:35 PM 2334959 1356450 PATRICIA A THRASHER -100.0 2:23 PM 2305756 1184160 JAY SMITH -100.0 2:49 PM 2313142 1557320 EMMETT HUGHES -64.2 3:02 PM 2339627 1040670 JAMES & CARMEN GOODWIN -49.5 3:30 PM 2316190 1348120 JAMES D HARRIS -83.6 3:46 PM 2018522 1277380 SUE BISHOP -63.8 4:29 PM 2308365 1124440 MARIA VASQUEZ & EFRAIN MARES -16.1 4:33 PM 2348385 Internal Load from Conyers Bulk Plant 2550.0 Shift Total 0 1 1705.80 6/16/2021 Page 1/2 # Trxs Partial Runout Grid Gallons Total Grid Dollars Total Number Of Cylinders 11 0 1 844.20 2409.90 50 1 2550.00 0.00 Dollar Amount Inventory On Board Unmetered Temp Posting Code Number Of Cylinders Tank ID 281.11 -109.40 Forklift - Spray fill - Gallons 26 341135 137.41 -183.80 Forklift - Spray fill - Gallons 24 341134 119.26 -224.20 Residential- Bulk 0 378693 276.52 -324.20 Residential- Bulk 0 342480 267.35 -424.20 Residential- Bulk 0 342172 364.62 -524.20 Residential- Bulk 0 381333 210.15 -588.40 Residential- Bulk 0 364881 186.35 -637.90 Residential- Bulk 0 341986 262.00 -721.50 Residential- Bulk 0 342073 236.83 -785.30 Residential- Bulk 0 342694 68.30 -801.40 Residential- Bulk 0 341950 1748.60 2409.90#

Page 9Delivery Shift Summary 06/15/2021 Kaelah Webb Speeding Exceptions: Time Latitude Longitude Speed 6/16/2021 Page 2/2#