Lapoint Industries — Hazardous Materials Safety Interpretation

Page 1f Transportatio S. Departmer 400 Seventh St., S.W. Special Programs Research anc Washington, D.C. 20590 Administration DEC 8 2004 Mr. John H. Lapoint Ref. No.: 00-0158 President Pao. Box dustries Lewiston, Maine 04241-1667 48 Commercial Street Dear Mr. Lapoint: This is in further reference to your letter dated May 23, 2000 and our reply dated September 21, 2000, regarding the proper description and marking of a composite intermediate bulk container (IBC) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you asked whether your packaging as described meets the definition of a "11HH2" composite Upon further evaluation, we have determined that the packaging referenced in your May 23, 2000 letter does not conform to the specification for a composite IBC, and, thus, may not be marked with the IBC code designation, "11HH2." As specified in § 178.706(b), rigid plastic IBCs consist of a rigid plastic body, which may have structural equipment, together with appropriate service equipment. The outer plastic material of your packaging acquires its rigidity only when it is bonded to a rigid, multi-wall, corrugated support. It is the opinion of this Office that a flexible plastic material bonded to fiberboard is not a rigid plastic material as specified in § 178.706, and does not exhibit strength relative to its capacity level of safety equivalent to the United Nations (UN) 11HH2 specification, or another IBC and the service it is required to perform. If you can demonstrate that your packaging provides a applying for an exemption are found in § 107.105 of the HMR. specification, you may wish to apply for an exemption for your packaging. The procedures for I hope this information is helpful. Sincerely, lilian 7. Magall Edward T. Mazzullo Director, Office of Hazardous Materials Standards ИННИИ IN 178.801 (1) 000158#

Page 2Lapnaisties P.O. Box 1667 Lewiston, Maine 48 Commercial Street May 23, 2000 04241-1667 fax: 207-777-3177 tel: 207-777-3100 Mr. Edward Mazzallo www.lapointindustries.com Research and Special Programs Administration U.S. Department of Transportation Stecens. Office of Hazardous Materials Safety 400 Seventh Street.SW $178 801(1) United States of America Washington, DC 20590 00-0158 Dear Mr. Mazzullo, The purpose of this letter is to follow up my recent visit with several of your colleagues believe our container line fits the requirements for composite packaging (11HH2). Therefore, we desire to mark our products as such. Lapoint Industries, Inc. is a manufacturer of both rigid and flexible intermediate bulk rigid containers differ significantly in use, design and application. The product selling containers (FIBC), designed to meet the specific needs of our valued customers. The prices differ greatly as well, depending on configuration and intended use. The "Waste Wrangler" product is a stand-alone, rigid container. Once filled, the container will form a rectangular facing, which markedly resembles a box. Although this ome, we believe our packaging accurately and explicitly meets every definition of roduct might not meet the traditional or stereotypical perception of a box, according to "composite packaging, plastic, rigid and box." We base this on our understanding of the language used in the IMDG Code and 49CFR. When I came to Washington, I hoped that bringing an actual container to demonstrate this would bring about greater clarity and enlightenment to those unfamiliar with how our would give everyone at the meeting a hands-on experience with our product. Hopefully, product performs in the field. We have found that an actual unit aids one to conceptualize and visualize the product's intended use in the field, as well as to reveal the significant differences in design, function and application from FIBCs. These other containers are known as "supersacks" or "bulk bags," as compared to our "Waste Wrangler". www.ufstrainrite.cor J.F. Strainrite Inc Wrangler Corporation www.wranglerzone.com#

Page 3Page 2 inner and outer packaging form an integral and inseparable bond. This construction To further clarify the difference between these types of containers, the "Waste Wrangler" protects the inner packaging from deformation and failure, making the inner and outer components co-dependent. The Waste Wrangler's self-standing and rigid frame affords the customer the ability to fill the container without any support equipment. Once filled, the trame will form a rigid outer shell. This sharply contrasts to a flexible intermediate rounds out like a balloon or sack. bulk container, which requires structural support to fill the container and, once filled, After our team of packaging experts delved into the definitions of "a composite packaging, box, rigid and plastic," we believe our research supports our position in calling the Waste Wrangler a composite packaging. In order to clarify our stance further, I would like to quote these definitions directly from either the IMDG Code or 49CFR. The following definition underscores the basis for which we arrived at calling our container a composite packaging, as follows: As 1 previously stated, our packaging consists of an inner lightweight plastic material The IMDG Code defines an "Outer Packaging" as follows: materials, cushioning and any other components necessary to contain and protect inner receptacles or inner "... is the outer protection of a composite or combination packaging together with any absorbent packagings." We believe the combination of our heavyweight outer plastic material, coupled with the rigid, multi-wall corrugation support meets this criterion. The next definition we turned to was the definition of a box. A box, as defined in the IMDG Code - page 0507 and confirmed in 49CFR 171.8, means reconstituted wood, fiberboard, plastic, or other suitable material. Holes appropriate to the size and use of ..a packaging with complete rectangular or polygonal faces, made of metal, wood, plywood, permitted as long as they do not compromise the integrity of the packaging during transportation, and are the packaging, for purposes such as ease of handling or opening, or to meet classification requirements, are not otherwise prohibited in this subchapter."#

Page 4Page 3 The IMIDG Code uses similar language when defining a box. Not only does our square when full. packaging have a rectangular face when empty, the packaging is unmistakably rigid and The definition of a plastic means "polymeric materials" (i.e., plastic or rubber). This material used in our products. definition is also used in defining an FIBC, so we believe that this definition covers the Finally, the compelling piece of information solidifying our position was based on the following IMDG Code statement under "Equivalences". Quoting directly, it says use of packagings having specifications different from those recommended in this Code, provided "In order to take into account progress in science and technology, there is no objection to the that they are at least equally effective, acceptable to authorities concerned and able successfully to withstand the tests described in Annex 1 to this Code. Moreover, methods of testing, other than those described in Annex 1 to this Code, are acceptable provided that they be at least equally Our packaging experts interpret this to mean that the governing bodies of DOT and Instead, they focus their efforts in creating performance standards all containers must IMDG recognize the importance of encouraging innovation and do not stifle creativity. conform to and allowing the container manufacturers the latitude to determine the design type based on the definitions outlined above. promulgating creative thought to ultimately meet the future needs of global markets. We We concur with the DOT and IMDG Code position in promoting, fostering and have witnessed first-hand the efforts to reduce packaging waste all over the world and, in particular, the United States of America. The disposal cost for spent packaging is climbing at unprecedented rates, and the urgency to reuse packagings has heightened exponentially. Our patented products meet this future need right now and exceed the packaging standards for a composite and flexible IBC. We look to you to give us your concurrence with this very important issue. plan our next move. Thank you very much for your thoughtful consideration. We look We would appreciate your formal, written response as soon as possible, so that we can forward to hearing from you very soon.#