1. Canadian Fertilizer Institute Fertilizer Safety and Security Council April 2, 2007 Pamela D. Guffain Vice President, Member Services

2. 173.315(m) – A nurse tank operated by a private carrier exclusively for agricultural purposes does not have to meet the specification requirements of par 178 if….has a minimum design pressure of 250 psig and meets the requirements of the ASME code in effect at the time it was manufactured and is marked accordingly…

3. Why Apply for A Special Permit Enforcement Action in Maryland Nurse tanks with the ASME plate were in violation of Federal DOT regulations Calamus, Iowa nurse tank accident National Transportation Safety Board action Either take tanks out of service or find a way for them to continue in service

4. TFI Files Application Months of debate with DOT on behalf of: Royster Clark/Agrium Growmark The Andersons Agriliance Crop Production Services Western Farm Services Wilbur-Ellis Company Simplot Growers Solutions

5. TFI Files Application Application filed March 25, 2004 A “equivalent” level of safety must be demonstrated Application agreed to hydrostatic testing, valve and fitting inspection and a “retired” nurse tank program Application – with modifications approved December 23, 2004

6. Special Permit Requirements SP 13554 authorizes the continued transportation of nurse tanks without the ASME identification plate provided: Tanks are tested by a person meeting DOT requirements; External visual inspection is conducted; Thickness test is performed; and Pressure test is performed All 3 tests are to be performed every 5 yrs

7. Controversaries State Programs State inspection programs that authorize the continued use of nurse tanks without the ASME identification plate – NO Requalification Thickness, pressure, external visual every 5 years – YES Welding NO

8. Success of the Special Permit Administered by the Asmark Institute, Owensboro, Ky 841 facilities have requested party status 11,044 inspection kits have been requested 8,205 tanks have been inspected 216 tanks have failed

9. Failed Tanks 100 upon visual inspection 80 for thickness test 26 for pressure test

10. The Future Welding TFI is working with inspectors and industry regarding options to propose to DOTfor certain welding allowances Renewal The special permit was renewed in December 2006; expires Oct. 31, 2010

11. The Future (Cont.) National Transportation Safety Board Decision in the Iowa accident called for inspection of all nurse tanks $9.6 million settlement