PHMSA letter of interpretation

Anhydrous Ammonia as a Marine Pollutant

Pipeline and Hazardous Materials Safety Administration · Sep 19, 2016 · Reference No. 16-0100

Interprets: 49 CFR § 171.8, 49 CFR § 172.101

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?

A1. 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.

A letter of interpretation applies the regulations to the facts the requester described. It isn’t a regulation and isn’t legal advice. The agency’s copy.