Western Farm Service — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and DEC 1 - 2000 • Administration Mr. Warren G. Purdy Senior Division Agronomist • Reference No. 98-0365 Western Farm Service 509 West Weber Avenue, Suite 201 Stockton, CA 95203 Dear Mr. Purdy: This is in response to your letters and telephone conversations with me and Ms. Eileen Edmonson of my staff concerning whether the shipment of a fertilizer, identified as "Ammonium nitrate, 5.1, UN 1942, PG III," "Potassium nitrate, 5.1, UN 1486, PG III," or "Sodium nitrate, 5.1, UN 1498, PG III," in a rear-end loaded freight container is authorized under 49 CFR this may have caused. 173.240. We apologize for the delay in response and any misunderstanding or inconvenience Specifically, you asked whether your 24-foot, rear-end loaded freight container would satisfy the requirement of a sift-proof container. You state that dunnage is placed across the rear end of the freight container, forming a rear wall. The freight container is then lined on the bottom and all sides, up to a height of 7 feet, with 4-ml thick clear polyethylene. The fertilizer is loaded in loose bulk form, using a troughing conveyor, into the enclosed area. After loading is completed, you stated the plastic liner is secured over the top of the fertilizer, and additional dunnage and liner is secured over the upper portion of the rear wall to prevent the release of any contents. The package, weighing about 21.5 tons, is transported by vessel from California to Hawaii. Based upon the information you provided, the answer is yes. Your packaging would satisfy the requirements of a sift-proof, non-DOT specification, closed bulk bin under § 173.240(c). Sincerely, Hotte 2 Mitchell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 2• • • 509 West Weber Avenuc WESTERN Stockton. CA 95203 • Suite 201 The Best People. The Best Products. Fax: (209) 464-4652 (209) 547-2650 The Best Service. : FARM SERVICE • .. CALIFORNIA VALLEY 'DIVISION FACSIMILE TRANSMISSION COVER SHEET • DATE: 10|23/00 TO: Files Elbossen COMPANY: DOT/HAZMAT PHONE NUMBER: 20Z/366 4481 FAXNUMBER: 3663012 FROM: W.G. "SKIP" PURDY III Division Agronomist CALL: (209) 547-2635 _ IF ILLEGIBLE OR INCOMPLETE PAGES: 3 _ (INCLUDING COVER SHEET) MESSAGE: While my old shop teacher, in Hong ras, might give me a Dan the drawings I hope they can get this off dead center. If there... Protocion ers any questions plose calle Tools fur your effects do this. SERVICE Transagra Corporatton#

Page 34441381- - TCLT 415 444 1301 CONTAINER EQUIPMENT DRY CONTAINERS 24' Dry Standard Ingide Length: 23'67 Inside Width: 719" Inside Height: 7ЧN" = Dool Upening: 78W71 Empty Weight: 5930 Ibs. O Cubic Capacity: 1422 ft. 24' Dry High-Cube Inside Length: 23' 6N Inside Width: 7'gи Inside Height: B'10" Door Opening: 7'8"W x8 6"H Empty Weight: 6750 lbs, 0O Cubic Capacity: 1598 ft. 40' Dry Standard Inside Length: 39'6" Inside Width: 7'9" Inside Helzht: 7'10" Empro pening: 7'8"W ×7'6"H 8490lbs. Cubic Capacity: 2387 ft. 40' Dry High-Cube Insine longthi 2018,8#

Page 4Western Farm Service, CVD W.G. "Skip" Purdy • Stocktor, GA 95203-3167 509 W. Weber Ave, Ste 20% 10 23 00 1 1 Bülk oxidizer shipment, in "sift proof container" Verbal/ HAZMAT 24' Dry standard container funtied by Matson fur Havatien servic.Materials. are fortilizero, pitsesins nitrate and sodiim ritrato. Bulk desisitiès average 74lbs/ aubio fest. Normal loading tends to place majority of cargo in the forwand haff to tro thirds of the container. Containers ara rated at 43,500 lbs ret. Average cargo runs around 43,000 lbs, per container, 24'- Amil plasti beetings secuieri te 4x87% plywood bracer with 2"x4") containe is of loadal cite a hujdraulia tilt bed etrosis -8'- Rear Front 8' plastic sheeting is placed on the interior on the bottom, sides and front thes over the plywood sheeking used to cover the rear doors. Plastic; is stapled to pliwood lining tie container.#

Page 5: : i Edmonson, Eileen From: Sent: Mitchell, Hattie To: Monday, October 16, 2000 7:57 AM Cc: Kirkpatrick, Ronald; Edmonson, Eileen Subject: Hochman, Charles RE: Interpretation for Western Farm Service I overlooked your email earlier. The package is a closed-top freight container with rear, double doors that open from the center. A barrier wall is constructed with dunnage and lining, a few feet inward from the rear doors. The top portion remains open until the container is filled, then the upper portion is filled in with more dunnage and lining, forming a complete inner wall at the rear of the freight container. From: Kirkpatrick, Ronald -Original Message-- To: Edmonson, Eileen Sent: Friday, October 13, 2000 1:47 PM Subject: Cc: Hochman, Charles; Mitchell, Hattie Interpretation for Western Farm Service • Purdy evidently were only grudgingly addressed. In his Dec. 1, 1998 letter, Purdy writes: Having reviewed your response to Mr. Purdy, DHM-22 has no objection. Your efforts to extract more detail from Your letter does not say the same thing. As I understand your language, the top of the load is not covered. "The fertilizer is then loaded in loose bulk form by troughing conveyor and securing sheeting over this." I've signed off on this, but I recommend you sort out the dilemma described above before proceeding further.#

Page 6SEE e-mail 10/13 -! 7 liner Pura's 12/1198. Is. "and securing sheeting over this. Sounds like sheeting (somehou) is. placed over the top of the material. BSPA resporse does not say this. Whisper Anderson-finestined of wo#

Page 7Underpretation Letters Requester Warren G. Purdy, I Date Received: 12/8/98 Company Western Farm Service Tracking Number: 98-0365 Phone 209-547-2650 Revision Date: 10/4/2000 Date Assigned 12/8/98 Date of Letter 12/1/98 Staff Edmonson First Draft Due: 12/29/98 Section 173.240 First Draft Date: 5/5/2000 Subject Packaging General Concurrence Status CLOSED Status Date Sign Date 2/18/2000 Signor HBP Copy to Docket Copy to DHM-60 Comment re: is a freight cont. lined w/ 4ml poly. & filled w/ fertilizer & dunnage sift-proof? 12/8/00 Lft. voice mail mess. rqst. picture or schematic of pkg. 3/3/00 Inc. to Mitchell for review. (Ltrs. gathered for branch project. Ltr. rind. late 1999.) 2/17/00 Inc. to Mitchell for review. 2/18/00 HLMitchell - teleph, left mess. Use of polyetherlene sheeting may be used as a liner to make bulk container sift- proof. Sheeting must be properly secured to prevent any leakage. If no resp. w/in one week, Itr. will be closed. 5/1/00 Rec'd 4/24/00 Itr. from Mr. Purdy rostng response. 5/2/00 Response drafted. Called Mr. Purdy w/ questions abt. material & container. 5/4/00 Spoke w/ Mr. Purdv & recv'd addit. info. abt. oka. 5/5/00 Draft to Mitchell. 09/28/00 HLM spoke#

Page 8Interpretation Letters Requester Warren G. Purdy, III Date Received: 12/8/98 Company Western Farm Service Tracking Number: 98-0365 Phone 209-547-2650 Revision Date: 5/5/2000 Date Assigned 12/8/98 Date of Letter 12/1/98 Staff Edmonson First Draft Due: 12/29/98 Section 173.240 First Draft Date: 5/5/2000 Subject Packaging General Concurrence Status CLOSED Status Date Sign Date 2/18/2000 Signor HBP X Copy to Docket Copy to DHM-60 Comment re: is a freight cont. lined w/ 4ml poly. & filled w/ fertilizer & dunnage sift-proof? 2/17/00 Inc. to Mitchell for review. 2/18 HLMitchell - teleph, left message. Use of polyetherlene sheeting may be used as a liner to make bulk container sift- proof. Sheeting must be properly secured to prevent any leakage. 5/1/00 Rec'd 4/24/00 Itr. from Mr. Purdy rqstng response. 5/2/00 Response drafted. Called Mr. Purdy w/ questions abt. material & container. 5/4/00 Spoke w/ Mr. Purdy & recv'd addit. info. abt. pkg. 5/5/00 Draft to Mitchell. 5/4/00 spole w/ Pm. Purde:; - thirs a regula rear-end gugar contane - See and baded will a conveyer beet deep intoguegal As Container Filled is backede out - The load is pither poure sodimmate polasse nitrate an ar One Chemical per su 4. Emosion#

Page 9Interpretation Letters Developed By Booz• Allen & Hamilton Inc. Requester Warren G.Purdy,Il.. Date Received: 1218/98 Company Western Farm Service. Tracking Number: 98-0365 Phone 209-547-2650 Revision Date: 2/18/2000 Date Assigned 12/8/98 Staff DHM Date of Letter 12/1/98. ..... Mack 12 First Draft Due: 12/29/98 Section 173.240 First Draft Date: Subject Packaging General Concurrence Days to Sign 437. ... Status CLOSED Status Date ign/Close Date 2/18/2000. Signor ...... Search: Warren G. Pur Copy to Docket Ill:Western Far Copy to DHM-60 Service Mack; Comment 3/3/99 Inc to Mitchell.for review. 2/18 HLMitchell- teleph, left message. Use of polyetherlene sheeting. may.be used.as a liner to make bulk container sift- proof. Sheeting must be properly secured to prevent. any leakage.. ... /file sudlum nix potasium ma tertize 6x,C *alled freque#

Page 10-..- Interpretation Letters Requester Warren G. Purdy, Ill Date Received: 12/8/98 Company Western Farm Service Tracking Number: 98-0365 Phone 209-547-2650 Revision Date: 12/8/98 Date Assigned 12/8/98 Date of Letter 12/1/98 Staff Mack First Draft Due: 12/29/98 Section 173.240 First Draft Date: Subject Packaging General Concurrence Status Status Date Sign Date Signor HBO Copy to Docket Copy to DHM-60 Comment 148 Called Left vone mail. Need pichure or e wons 2/18 4E. called left trinchel nessege.#

Page 11...: • 509 West Weber Avenue WESTERN Stockton, CA 95203 Suite 201 The Best People. The Best Products. Fax: (209) 464-4652 (209) 547-2650 The Best Service. FARM SERVICE April 24, 2000 United States Department of Transportation RSPA/Office of Hazardous Materials Standards 400 7 Street S.W. Washington, D.C. 20590 Dear Sirs: Your attention is directed to our inquiries of December 1, 1998, November 2, 1999 and various phone calls over the past five months in which we have been assured that a decision was "on the way." Sincerely, W. G. Purdy, III Senior Division Agronomist dh Encl.#

Page 12..: 509 West Weber Avenue WESTERN Stockton, CA 95203 Suite 201 The Best People. The Best Products. (209) 547-2650 The Best Service. Fax: (209) 464-4652 FARm SERVICE November 2, 1999 United States Department of Transportation RSPA/Office of Hazardous Materials Standards 400 7' Street S.W. Washington, D.C. 20590 Dear Sirs: Your attention is directed to our inquiry of December 1, 1998 (copy enclosed) and Matson's Freight Tariff 14-F. We and our Hawaiian customers would appreciate the resolution of this matter as our inability to deliver materials in bulk under the posted tariff is costing businesses in Hawaii $48.00-50.00 a ton in additional expenses. Thank you for your attention to this matter and we look forward to hearing from you in the near future. Sincerely, W. G. Purdy, III Senior Division Agronomist dh Encl. :#

Page 13• 509 West Weber Avenue Stockton, CA 95203 Suite 201 WESTERn The Best People. The Best Products. Fax: (209) 464-4652 (209) 547-2650 The Best Service. FARM SERVICE December 1, 1998 United States Dept. of Transportation RSPA/Office of Hazardous Materials Standards 400 y' Street S.W. Washington, D.C. 20590 Dear Sirs: In conversation with Lee Wilson of the HAZMAT office in Ontario, CA he suggested that I describe my problem to you and seek your guidance on the matter. We have been shipping sodium nitrate and potassium nitrate to Hawaii in Matson Navigation Company's appropriately labeled and marked. We have been lining the containers with four mil clear polyethylene twenty-four foot containers for the past year. These fertilizers are, of course, oxidizing agents and are securing the sheeting over this. The fertilizer is then loaded in loose bulk form by troughing conveyor and sheeting to a height of approximately seven feet, placing dunnage across the rear of the container and : securing sheeting over this. Average loaded weights are around 21.5 tons. Our judgment was that this met the definition under 173.240 for a "sift proof" container. This has recently come under question and the Coast Guard has not wanted to pass judgment and suggested I ask HAZMAT, and hence, the request to you for clarification. carriers and simply wonder whether the thought of containerizing smaller bulk shipments on ocean going We've routinely handled these materials by rail and truck and received shipments in ocean going bulk vessels simply hasn't been put down on paper. Any suggestions or clarification would be greatly appreciated. Sincerely, Hare B. Pardy. I (lay de) Warren G. Purdy, III Division Agronomist Encl: Matson Tariff 14-F : ....:#

Page 14:P.O.1c Randal. **: PerNAMSO Mar 17:97 11:20 No.002 P.02 415-444-1381 0444-1581 USCG 1I Dist ! MATSON NAVIGATION COMPANY, INC. . Z2nd revised DAGIHAL/REVISED PAGE 107 IREIGHT INRIET 11-I, INK-F NO. 31 21st Revised CANCELS PAGE 107 тo: EFFECTIVE DATE PACIFIC CONSI PORIS HAMIII PORIS Radsuasy 3, 1937 CGARECTION NO. 2313 SECTION 1 - COMMODITY RATIS IX DOLLARS PER OCHTAINER (Ixcapt as otherwise proyIdud) 21I 24D 124400 1 100 1 105 11000 40T ZIEX TABRIC, rolled or Ilat wiio calaforcing FENCING, stonl chala dink in tolle or flat arcilonz 2295 2592 3321 3823 6356 1113 is : TINI POSTS, steel, Including Isthlags (1] Rate applies only In 24D. RAkS, oscillating 2213 [L3 2500 3745 4201 1117 FLATILIZIR, vi%: Kelp 2027 2027 2028 2028 1113 TERTILIZERS, In bulk in containcis, viz.: Calelus Illicate, with or without 1son troniuo nitrate or hosantua phosphate 1301 Nitrogan ghosphato Datasslur Potagalua Mitzada 2 SODIUm NiTRATE rocash, wilh or without magnealua .. Urea Talpla superphosphato 1437 - (1) 1119 timoniua suifaco (1) Reco also eppiles on antonius prosphato solutlon In shippor-furnished portable tant units loadad by ahippo; inturo of exply Dortable tank unli to origin CY. Into 21-Ioot containers. Rata Includes (2) sate also applies on amontum phosphato solutlos 1a ahipper-furnished tank contalaers pot miceedlag 21 feet (3] Race appling only in 21D. in external longth. DOLOMITs, Caleined 20:7. 2027 2256 3382 2236 1:50 FERTILIIIR, HOS • • ... GYPSUM, IAH - POTASSIUN NITEA=E OR SODIUH NITRAII, in baga PHOSPHATE ROCK, 'crushed, in Daga WORK CASTING and LIQUID ORGANIC HATTER MIXIURES ZIN SULTATE (fertilize grado) NOTE 1: Insecticidas, Fungicides, Insect Repellents, Verala Ixtaminators and Iron of Heed Killing Coapounda, sniprent movlag under this Itka proyided the weight described In Item 232 may be loaded to a atraight • thereol doos not excnod tan pesceat af the total welçht of the casgo In a containos. FILTERS, &ÍI 2166 2713 {170 {308 6679 } 1151 For explanation of abbrevlatons and talesonca marks, sea Paga#

Page 15•.. : * 509 West Weber Avenue 98-0365 Stockton, CA 95203 Suite 201 WESTERN The Best People. The Best Products. Fax: (209) 464-4652 (209) 547-2650 The Best Service. FARM SERVICE mack December 1, 1998 8173.240 United States Dept. of Transportation 400 7% Street S.W. RSPA/Office of Hazardous Materials Standards Washington, D.C. 20590 Dear Sirs: In conversation with Lee Wilson of the HAZMAT office in Ontario, CA he suggested that I describe my problem to you and seek your guidance on the matter. We have been shipping sodium nitrate and potassium nitrate to Hawaii in Matson Navigation Company's twenty-four foot containers for the past year. These fertilizers are, of course, oxidizing agents and are appropriately labeled and marked. We have been lining the containers with four mil clear polyethylene securing the sheeting over this. The fertilizer is then loaded in loose bulk form by troughing conveyor and Sheeting to a height of approximately seven feet, placing dunnage across the rear of the container and securing sheeting over this. Average loaded weights are around 21.5 tons. recently come under question and the Coast Guard has not wanted to pass judgment and suggested I ask. Our judgment was that this met the definition under 173,240 for a "sift proof" container. This has HAZMAT, and hence, the request to you for clarification. We've routinely handled these materials by rail and truck and received shipments in ocean going bulk vessels simply hasn't been put down on paper. carriers and simply wonder whether the thought of containerizing smaller bulk shipments on ocean going Any suggestions or clarification would be greatly appreciated. Sincerely, Hares 12. Pardy. II (lay 24) Division Agronomist Warren G. Purdy, III Encl: Matson Tariff 14-F trailer#

Page 16P.0.1c Randall ...: Mar 17:97 11:20 No.002 P.02 10-444-1381 USCG ITE 415-444-1381 MATSON NAVIGATION COMPANY, INC. ORIGINAL/REVISED 22nd Revised PAGE 107 FREIGHT IARIEI 11-F, EHK-T NO. 34 22at Ravined CANCELS PAGE 107 тАск: PACIFIC COAST PORTS до: EFFECTIVE DATE HAHAII PORTS Tabruasy 3, 1997 CORRECTION NO. 2343 SECTION 3 - COMMODITY RAIIS IN DOLLARS PER CONINIHER (Excape da otherwise provided) 24E 24D 25HD I 10D 40г 10HD 40J TABRIC, rolled or Llat wiio reinforcing FENCING, stael chain link in rolla or flat section» 2295 2552 3881 3023 1356 1115 TENCE POSTS, steel, Ineluding Isttings (X) PaNs, oscillating (2) Rate applies only In 21D. 2213 {13 1 2500 3745 1201 1147 FERTILIZER, viz: Kelp 2027 2027 2020 2020 1148 FERTILIZERS, in bulk in contaínera, víz.: Calelus allicate, with or without Iron Armoniua nitrate or Anzonius phosphato [2) 13] | 1304 - | Potash, Nitrogen phosphato Dotasslur Potassium Mitzato & SODIUM NITRATE with or without, magneslum Triple superphosphate 1197 - (1) 1119 Urea homonium Sulfate (1) Raco aldo appiles on emmontua prosphate solutlon in shipper-furnished portable tank units loaded by ahippor return of exply portable tant unil to origin cy. Into 21-foot containers. Rato includea : (2) Rato also apples on ammonium phosphate solution 1a ahipper-furnished tank containers not exceeding 21 feat 13) Rate applies only in 24D. DOLOMITE, calcined 2027 2027 2256 3382 2256 GYPSUM, IAH ^. FERTILIZER, NOS 1150 PHOSPHATE ROCK, • POTASSIUM HITFACE OR SODIUM NITRAIL, crushed, in bags WORM CASTING and LIQUID ORGANIC MATTER MIXTURES in bags ZINC SULFATE (fertilizer grada) NOTE 1: Insecticides, Fungicides, Insect Repellents, Vermin desciibed In Item 232 may de loaded to a straight Exteminators and Tree of Head Killing Compounda, ahipment moving undor thia Item providad the weight thareol does not exceed ten pescent of the totkl weight of the casgo in a containes. FILTERS, ALI 2466 2703 4170 1508 1679 1152 IN For explanation of abbrevialions and referonce marko, sea Page 26#

Page 17i. TELEPHONIC CONVERSATION RECORD Specialist Placing Call: Eileen Edmonson ROUTING Date of Call: May 4, 2000 SYMBOL INT Person (s) Contacted: Agronomist, Western Farm Service, 509 West Weber Avenue, Warren G. Purdy, III, Division Suite 201, Stockton, CA 95203, 464-4652 (209) 547-2650, (209) polyethylene-lined freight container and meet the Regarding: Can loose fertilizer be loaded in a requirement of a sift-proof container under $ 173.240? Date of Incoming Letters: 1999; and April 24, 2000. December 1, 1998; November 2, Specific Subject (including section #'s and key words) : container meets the definition of a sift-proof container. The Coast Guard has questioned whether or not their Mr. Purdy would like the answer in writing. schematic of the design of his package to show to the engineers. His message said he Summary: 12/8/98 I left a voice mail message for Mr. Purdy requesting a picture or won't be in until 12/11/98. 3/3/99 Ms. Mitchell took the letter to review it. 1999.) 2/17/00 Ms. Mitchell took the letter to review it. 2/18/00 Ms. Mitchell left (Letters gathered for branch letter writing project. Letter returned to me in late Mr. Purdy a message that polyethylene sheeting may be used as a liner to make bulk containers sift-proof, but the sheeting must be properly secured to prevent any leakage. matter will be closed. 3/00 Mr. Purdy called Ms. Mitchell and requested a letter on She stated in her notes if Mr. Purdy does not respond within one week the "sift-proof." On 5/1/00, I received a letter from Mr. Purdy requesting a written response to his letters. hazardous material and the container, and drafted a response. On 5/4/00, I spoke with On 5/2/00, I called Mr. Purdy with questions about the Mr. Purdy and received additional information about the packaging. Mr. Purdy described his container as meeting the following conditions - • this is a regular rear-end freight container • the freight container is lined on the bottom & sides with 4 ml plastic • dunnage, separately wrapped in 4 ml plastic, is placed on the inside of the liner in the front and sides of the freight container to help balance the container during loading and unloading • the container is then end loaded with loose fertilizer on a conveyor belt. Only one container and after loading begins is backed out as the container is filled. chemical is sent per shipment. The conveyor belt is placed deep within the freight • when the container is filled the plastic is sealed between the sealed fertilizer and the rear door. • a separate piece of dunnage, also wrapped in the 4 ml plastic, is then placed On 5/5/00, I redrafted the response saying the package met the definition of a Then the rear door is closed. 222223 sift-proof container and gave it to Ms. Mitchell for review. On 9/28/00, Ms. Mitchell spoke with MI. Purdy and said he described the package differently. Ms. Mitchell#

Page 18: i. • Comments for Further Action: Review Ms. Mitchell's edits for any typographical errors. Forward the letter to Ms. Drakeford to prepare it in final form. Specialist Signature: Date: 10/4/00#

Page 19.: WESTERN Fo4: PB8 509 West Weber Ave., Suite 201 7120$00.330 APR FARM SERVICE Stockton, CA 95203 6977 MAILED FROM STOCKTONC United States Department of Transportation RSPA/Office of Hazardous Materials Standards 400 7th Street S.W. • Washington, D.C. 20590#