Western Global Canada Ltd. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 March 14, 2022 Mr. Ahmed Khan Engineering Team Coordinator Western Global Canada Ltd. 251 Saulteaux Crescent #101 Winnipeg, MB R3J 3C7 Canada Reference No. 21-0109 Dear Mr. Khan: This letter is in response to your November 17, 2021, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of diesel fuel in a UN31A metal intermediate bulk container (IBC) in the United States. We have paraphrased and answered your questions as follows: Q1. You ask whether a UN31A metal IBC is an authorized packaging for the transportation of diesel fuel. A1. The answer is yes, provided the diesel fuel is: (1) a flammable liquid in packing group (PG) III as defined in § 173.120(a), or a combustible liquid as defined in § 173.120(b); and (2) described as “UN1202, Diesel fuel, 3, PG III,” “NA1993, Diesel fuel, 3, PG III,” or “NA1993, Diesel fuel, Combustible liquid, PG III.” These identification numbers direct shippers to special provision “IB3” in column 7 (Special Provisions) of the Hazardous Materials Table (HMT; § 172.101), which states that authorized IBCs include metal (31A, 31B, and 31N); rigid plastics (31H1 and 31H2); and composite (31HZ1, 31HA2, 31HB2, 31HN2, 31HD2, and 31HH2). Please note that there is an additional requirement when utilizing special provision “IB3” that only liquids with a vapor pressure less than or equal to 110 kPa at 50 °C (1.1 bar at 122 °F) or 130 kPa at 55 °C (1.3 bar at 131 °F) are authorized, except for UN2672 (see special provision “IP8”). Q2. You ask whether a UN31A metal IBC containing diesel fuel may be transported on a barge, trawler, or ship within the coastal areas of the United States.#

Page 2A2. The answer is yes, provided all applicable vessel requirements in part 176 of the HMR are met. Please note the additional requirements in subpart F of part 176 specific to barges and the regulations on the transfer to and from the containers while onboard vessels in 46 CFR § 98.30. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 3Pollack 21-0109 From: INFOCNTR (PHMSA) To: Hazmat Interps Subject: FW: Use of 31A/Y UN IBC for use on a Barge / Vessel in an Ash-Pond inside USA Date: Thursday, November 18, 2021 5:20:47 PM Attachments: image001.png RDIMS-#14044956-v2-CERTIFICATE_46-1790_Certificate Only 4.pdf WM001-05,10,20,30TCG-GLB-Manual v1 EN PRINT READY.pdf Delivered Use of 31AY UN IBC for use on a Barge Vessel in an Ash-Pond inside USA .msg Automatic reply Use of 31AY UN IBC for use on a Barge Vessel in an Ash-Pond inside USA .msg Delivered Use of 31AY UN IBC for use on a Barge Vessel in an Ash-Pond inside USA .msg Delivered Use of 31AY UN IBC for use on a Barge Vessel in an Ash-Pond inside USA .msg image003.png image004.png image005.png Importance: High Hello Hazmat Interps, Here are the attachments that were included in the letter request. Thanks, Jonathon, HMIC From: Ahmed Khan <Ahmed.Khan@western-global.com> Sent: Wednesday, November 17, 2021 11:40 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Use of 31A/Y UN IBC for use on a Barge / Vessel in an Ash-Pond inside USA Importance: High 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. Dear Regulatory Specialist, Further to our email communication of April 24th and later April 28th, 2020 on the subject matter with Mr. Josh and Ms. Brianna; can you please help in providing us the “Letter of Interpretation” as desired by some of our customers / clients who would like to use a UN Mobile IBC 31A/Y Fuel Tank in Ash-Pond for transportation of Diesel Fuel. Matter urgent! Regards, Ahmed Khan Engineering Team Coordinator Tel: +1 (204) 289 3530 Cell: +1 (204) 296 5920 Web: western-global.com#

Page 4Legal Disclaimer. This email, including attached files, may contain confidential information and is intended only for the use of the individual and/or entity to which it is addressed. If you are not the intended recipient, disclosure, copying, use, or distribution of the information included in this email is prohibited. Dear Regulatory Specialist: Further to our telephonic discussion a few moments ago on the subject matter with your Mr. Joshua; can you please help and answer the following questions; and provide us a “Letter of Interpretation”. Mr. Josh had informed me on the phone that yes, the 31A/Y UN IBCs can be used for Diesel Fuel transportation with marine voyage inside the USA since it is not restricted or banned under 49CFR. 1. 2. 3. 4. Please advise if a 31A/Y Steel UN IBC Tank type approved for transportation of dangerous goods falling under CLASS-3, PG-II and PG-III could be used in the USA to transport Diesel Fuel (UN1202 / 1993) onto a Barge / Vessel inside an Ash Pond at a customer facility inside the USA under TDG Regulations as applicable in Canada vide Section 11.2 and Paragraph 5.14(1)(d) of the TDG Regulations under TDG Regulations as applicable in Canada Kindly also advise if the said 31A/Y UN IBC Tanks could also be used for Marine Transport on a barge / trawler / ships voyage, within the USA coastal areas, somewhat within 120-nautical miles; similar to the Western Global have 31A/Y UN IBC Tanks type approved to CAN/CGSB-43.146 per approval from Transport Canada. Transport Canada permits use of an IBC a 31A IBC to transport diesel fuel on a vessel in Canada., based on the following condition: Here is some background information. a. Section 11.2 of the TDG Regulations says to use the TDG Regulations when transporting dangerous goods by vessel inside of Canada. For international voyages, you would refer to the section 11.1, which further refers to the IMDG Code. However, in your case you would simply use the TDG Regulations since the voyage is inside of Canada. b. Paragraph 5.14(1)(d) of the TDG Regulations refers to various standards that can be used when transporting dangerous goods by vessel inside of Canada. One of those standard is CGSB-43.146, which is the standard for IBC. This standard does allow UN1202 Diesel Fuel to be transported in a 31A IBC. 5. In closing, whoever is offering the diesel fuel for transport and whoever is transporting the product must be familiar with this standard and also must be TDG trained.#

Page 5People can obtain a copy of CGSB-43.146 using this link. Please forward us an appropriate “Letter of Interpretation” to our email request. Kindly also advise the relevant code as applicable in the USA for compliance to the TDG / 49CFR / 46CFR. Regards, AHMED KHAN Fuel Solutions Group - North America ahmed.khan@western-global.com +1 204 296 5920 mobile +1 204 772 6525 office WESTERN-GLOBAL.COM | LINKEDIN | YOUTUBE | PARTS SITE INNOVATIVE FUEL & FLUID STORAGE SOLUTIONS Legal Disclaimer: This email is confidential and may contain legally privileged information. If you are not the intended recipient, you must not disclose or use the information contained in it. If you have received this email in error, please notify us immediately by return email and delete the document.#