In March of 2004, The Fertilizer Institute (TFI), acting at the special request and as an agent on behalf of eight of it’s members which included Agriliance, LLC., Crop Production Services, GROWMARK, Inc., Royster-Clark, Inc., Simplot Growers Solutions, The Andersons, Western Farm Service and the Wilbur-Ellis Company applied for a Special Permit from certain requirements of the U.S. Department of Transportation’s (DOT) “Hazardous Materials Regulations”.

TFI’s members transport anhydrous ammonia (a DOT “hazardous material”) in “nurse tanks.” Under DOT’s regulations, these nurse tanks (also referred to as “an implement of husbandry”) are not required to meet the specification packaging requirements for cargo tanks set forth in 49 CFR Part 178 if certain conditions are satisfied. These conditions include that the nurse tank: (1) be constructed per the American Society of Mechanical Engineer’s (ASME) Code in effect at the time of construction; (2) have a minimum design pressure of 250 psig; and (3) be marked with the relevant ASME Code information and minimum design pressure. (49 CFR Part 173.315 (m)(1).

It was brought to TFI’s attention that some nurse tanks transporting anhydrous ammonia do not possess the requisite markings for the ASME Code and design pressure during use. To industry’s knowledge, identification plates (data plates) were put on all tanks initially but were not attached securely enough to withstand the test of time and weather. TFI’s members have reason to believe the nurse tanks at issue were constructed per the relevant ASME Code and fabricated to meet a minimum design pressure of 250 psig based on their historical use. Due to the age of some of the tanks without markings, TFI’s members were unable to verify compliance with Section 173.315 (m)(1) and desired a Special Permit.

TFI and it’s members worked with DOT to obtain the Special Permit which was granted on January 10, 2005. Please refer to the Special Permit Document for more information.