EAC Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Research and Special Programs Administratior FEB - 8 2000 Mr. Keith B. Berkholtz EAC Corporation Ref. No. 00-0034 20 Hillstream Road Newark, DE 19711 Dear Mr. Berkholtz: This is in response to your letter dated January 24, 2000, requesting confirmation that the ferrosilicon you purchase and resell is not subject to the Hazardous Materials Regulations (HMR 49 CFR Parts 171-180). As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous materials. However, if the ferrosilicon sold by your company is the same material that was tested in accordance with the U.N. Manual of Tests and Criteria and determined not be meet the Division 4.3 criteria, it is not subject to the HMR. Sincerely, Thom oman I. Allow Thomas G. Allan Senior Transportation Regulations Specialist Office of Hazardous Materials Standards 000034 173.22 -#

Page 2Twitty EAC CORPORATION $173.22 20 Hillstream Road • Newark, Delaware 19711 Telephone (302) 234-2550 FAX (302) 234-2632 Email: keith@eac-corp.com 00 - 8034 Mr. Delmar Billings US Dept.of Transportation 1/24/00 Research & Special Programs Administration 400 Seventh Street S.W. Washington, D.C. 20580 Re: 75% Ferro Silicon Dear Mr Billings, The letter provides that the above mentioned material is not hazardous, and therefore, is Enclosed is a copy of a letter that I received from Shieldalloy Metallurgical Corp. not subject to HMR regs. However, the HMR regs do not follow the material so that when it is sold to a reseller such as EAC, we must ship it as a hazardous material thus increasing our cost of transport. hazardous class, would it be possible for my company to receive a similar letter. Since the material no longer meets the criteria of Division 4.3 or any other you. Thank you for your attention to this matter and I look forward to hearing from Regards, Keitl B Beekholte Keith B. Berkholtz#

Page 3Oct. 5.1999 2:50PM 8566974126 No.6958 P. 1 of Transportation US. Department Special Programs Restarch and • Administration JAN 29 1997 Mr. Les H. Olsen West Boulevard Shieldalloy Metallurgical Corporation P.O. Box 768 Newfield, NJ 08344 Dear Mr. Olsen: This is in response to your letter dated December 17, 1996, regarding the applicability of the Hazardous Materials Regulations (HIMR; 49 CFR Parts 171-180) to ferrosilicon, with 75 percent silicon. The Hazardous Materials Regulations govern the transporation of hazardous materials in hazardous material. Such determinations are not required to be verified by this office. commerce. Under 49 CFR 173.22, it is the shipper's responsibility to properly classify a Based on the test results provided in your letter, it is our opinion that the ferrosilicon tal laced an your corear des not mates betra Dision 43 and provided it I hope this information is helpful. If you need further assistance, please do not hesitate to contact us. Sincerely, Deimer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards Post-It® Fax Note 7671 Date 1015199 laser T To Keath berkbeltz Co/Dept. From Jaba Vickers Phone # EAC Phone # SMC * 302) 234- 2632 10/05/99 14:49 TX/RX NO. 2061 P.001#