Currie Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1• U.S. Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Special Programs Research and Administration APR 1 2 2001 Mr. Jack Currie • Currie Associates, Inc. Ref. No. 00-0288 1118 Bay Road Lake George, NY 12845-4618 Dear Mr. Currie: This is in response to your October 12, 2000, letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the material and packaging you describe as a sealed pod containing approximately one gram (0.174 gr to 1.2 gr) of potassium hydroxide, a Class 8, Packing Group II material. You are requesting that we make a determination, under § 173.136(b), that this material is not subject to the HMR or to determine that the risk of this material due to packaging is too small to regulate. You describe the packaging as consisting of the pod sandwiched between two plastic sheets which are coated with absorbent material which, you state, would not allow any material to escape. The pod is attached to one of the two sheets and is only broken when a customer initiates a mechanical device Which breaks the pod. At this point, the material is spread evenly across the sheets where it is absorbed and neutralized. A stack of 8 to 10 of these sheet/pod combinations is stacked in a plastic cartridge, which in turn is then packaged in a hermetically sealed foil envelope. The foil envelope is then packaged in a fiberboard box. You ship approximately 50 to 60 of these packages in one shipping case. It is the opinion of this Office that the item described above is not a hazardous material and, therefore, is not subject to the HMR. This determination is made in accordance with § 173.136(b). I hope this satisfies your request, Sincerely, Hathe 2. mitthel for Banand T. Mazulo Director, Office of Hazardous Materials Standards#

Page 210-12-2000 2:46PM FROM P. 1 Johnsen 8 173.136 (b) CURRIE ASSOCIATES, INC. Applicability THE GLOBAL COMPLIANCE PROFESȘIONALS . 00-0288 October 12, 2000 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards DHM-10 400 Seventh St. S.W. Washington, DC 20590 Dear Mr. Mazzallo: On behalf of a client of Currie Associates, Inc. I am requesting regulatory review and following described articles. determination of applicability of 49 CFR, Part 173, Sub pat D,|$173.136 (b) in regard to the . The contents of the pod, averagung approxumarely 1 gram (0.174 gr. to 1.2 gr.) are then spread in a highly controlled manner between two rectangular plastic sheets both of which rectangular plastic sheeis, up to 5 muls thick, before and afier it is burst. There are 8 to 10 of these unprocessed plastic sheet "sandwiches". stacked up in a plastic cartridge. Each only after the mechanical devise is activated. . The formula for the viscous fluid lists ingredients to incluce approximately 5% to 10% Viscous tlld, If it were stupped by itselt as a packaged liquid in dommerce rather than as anouns a aer n regae caacaa saa aa a polymeric thickener. The caustic component within the sandwich as described, meets the defining criteria in $173.137(b) for a corrosive liquid, Class 8, in packing group II, attributable to the Porassium (and/or Sodium) Hydroxide. technologies. The ejection of the sandwich within which the viscous fluid is spread employs iwo different RECYCLED 1.118 BAY ROAD.• LAKE GEORGE, NEW YORK 12845-4618 • TEL: (18) 761-0668 • FAX: (518) 792-7781 http://www.currieassociates.com Email: curric@netheaven.com#

Page 3110-12-2000 2:46PM FROM P. 2 Page 2 of 3 In one contiguration the mechanical device which ejects the sandwich trom the cartridge is sheets, one of which is discarded. The sheet which the customer keeps by this time is nearly dry (le. the tluid largely has been absorbed) and the remaining fluid on the surface of the coated sheet approaches neutral pH of approximately 7. In the other configuration, the mechanical devise which ejects the sandwich from the artridge is operated by a battery-powered motor. Also, the sandwich is never separated by he customer, and thus there is no exposure of any fluid, nd matter what the pH, to the customer: In both technologies there is very litle danger of human exposure to the corrosive properties of the caustic viscous fluid involved in the process. In transportation the unprocessed "sandwiches" ", with the individual pod tirmly attached to each, is packaged within a plastic cartridge which is contained within an hermetically sealed foil envelope, within a cardboard box. The cardboard boxes containing the envelopes containing the cartridges containing the "sandwiches" (to which are permanently affixed the small sealed pods), are packed approximately 50 to 60 per shipping case. Even if the completed packages as offered for transportation were to be severely damaged as the result of an accident, it is highly unlikely that there would be any release of the miniscule quantity of the viscous fluid within each package that would be considered harmtul. The multiple levels ot packaging, including the inner-most pod, are designed to protect the viscous fluid in the product trom release until it is subjected to the applied pressure from the mechanical device which ejects the sandwich from the cartridge. existence in various forms for several years with no known transportation incident data to support controls over its distribucion. In fact, there appears to be less risk of exposure in its (unneutralized) viscous fluid within a pod attached to each sandwich. The developer is not MSUS) display warnung statements regarding ayolding eye contact with the caustic Hazardous Substances or Marine Pollutants. In communication with my clent, I have suggested that obvious sumularities are evident in comparing this product with the interpretation issued by your office in January of 1991 regarding towlettes that are presaturated with flammable liquid, with no discernible free liquid in the packaging, and thus do not pose a significant hazard in transportation. In that interpretation you state that the packets are not subject to the hazardous material regulations.#

Page 410-12-2000 2:47PM FROM P.3 Page 3 of 3 Based upon the above information, and the technical data entered into the MISDS for these types of "sandwiches", , It appears that the hazardous charactenstics presented by these products in transportation afford less opportunity for human or environmental exposure that those presented through the recommended use of the product by the consumer. The provisions of $173.136(b) seem to address the scenario at ifsue, since human experience and the data provided regarding the minute quantities present in the sealed pods support the indication that the hazard of this material is less than the elements set out in §173.136(a). We are therefore requesting that RSPA make a determination that these products are not ' subject to the requirements of 49 CFR, Subchapter C. ? Please do not hesitate to contact me if additional date are required to assist you in assessing the applicability of the regulations in 49 CFR to the subject products in question. Thank you tbe your prompt consideration of this matter as commercia, disgiburion may be impeded in Sincerely, Luvrie John V. Curie President#

Page 5Johssen : 10/13/00 - CURRIE ASSOCIATES, INC. THE GLOBAL COMPLIANCE PROFESSIONALS October 12, 2000 Mr. Edward T. Mazzullo DHM-10 Director, Office of Hazardous Materials Standards 400 Seventh St. S.W. Washington, DC 20590 Dear Mr. Mazzullo: Un behalt ot a client ot Curre Associates, Inc. I am requesting regulatory review and determination of applicabılty of 49 CFR, Part 173, Sub part D, S173:136 (b) in regard to the My client manufactures and distributes several consumer imaging products which differ slightly in their configuration but all of which store a highly viscous fluid in a sealed pod evaporation until the customer is ready to activate a mechanical device which bursts the pod The contents of the pod, averaging approximately 1 gram (0.174 gr. to 1.2 gr.) are ther only after the mechanical devise is activated. amounts ot other non-regulated chemicals such as a polymeric thickener. The caustic viscous fluid, if it were shipped by itself as a packaged liquid in commerce rather than as a component within the sandwich as described, meets the defining criteria in $173.137(b) for a corrosive liquid, Class 8, in packing group II, attributable to the Potassium (and/or Sodium) Hydroxide. technologies. The ejection of the sandwich within which the viscous fluid is spread employs two different RECYCLED 1118 BAY ROAD • LAKE GEORGE, NEW YORK 12845-4618 • TEL: (518) 761-0668 • FAX: (518) 792-7781 http://www.currieassociates.com Email: currie@netheaven.com#

Page 6Page 2 of 3 powered by hand. I he customer then retains the processed sandwich external to the is being absorbed and neutralized within the sandwich (i.e. inaccessible to the customer). Ar the end of the specitied time, the customer separates the sandwich into two rectangular sheets, one of which is discarded. The sheet which the customer keeps by this time is nearly dry (i.e. the fluid largely has been absorbed) and the remaining fluid on the surface of the coated sheet approaches neutral pH of approximately 7. In the other configuration, the mechanical devise which ejects the sandwich from the cartridge is operated by a battery-powered motor. Also, the sandwich is never separated by the customer, and thus there is no exposure of any fluid, no matter what the pH, to the customer. In both technologies there is very little danger of human exposure to the corrosive properties of the caustic viscous fluid involved in the process. In transportation the unprocessed "sandwiches" " with the individual pod firmly attached to each, is packaged withun a plastic cartridge which is contained within an hermetically sealed Toll envelope, within a cardboard box. The cardboard boxes containing the envelopes containing the cartridges containing the "sandwiches" (to which are permanently affixed the small sealed pods), are packed approximately 50 to 60 per shipping case. Even if the ompleted packages as offered for transportation were to be severely damaged as the resul of an accident, it is highly unlikely that there would be any release of the miniscule quantit of the viscous tlud within each package that would be considered harmtul. The multiple levels of packaging, including the inner-most pod, are designed to protect the viscous fluid in the product from release until it is subjected to the applied pressure from the mechanical device which ejects the sandwich from the cartridge. The product is distributed to and dispensed through all types of retail outlets such as drug and variety stores, specialty stores, and department stores. The technology has been in existence in various forms for several years with no known transportation incident data to support controls over its distribution. In fact, there appears to be less risk of exposure in its transportation than in its intended use. The packaging and the Material Safety Data Sheet (MSDS) display warning statements regarding avoiding eye contact with the caustic (unneutralized) viscous fluid within a pod attached to each sandwich. The developer is not known to meet the definition of any other hazard class or to contain any CERCLÂ Hazardous Substances or Marine Pollutants. In communication with my client, I have suggested that obvious similarities are evident in comparing this product with the interpretation issued by your ottice in January of 199. regarding towlettes that are presaturated with flammable liquid, with no discernible free interpretation you state that the packets are not subject to the hazardous material regulations. aquid in the packaging, and thus do not pose a significant hazard in transportation. In that#

Page 7Page 3 of 3 Based upon the above information, and the technical data entered into the MSDS for these types of "sandwiches" ', it appears that the hazardous characteristics presented by these products in transportation atford less opportunity for human or environmental exposure that those presented through the recommended use of the product by the consumer. The provisions ot $173.136(b) seem to address the scenario at issue, since human experience and the data provided regarding the minute quantities present in the sealed pods support the indication that the hazard of this material is less than the elements set out in $173.136(a). subject to the requirements of 49 CFR, Subchapter C. We are theretore requesting that RSPA make a determination that these products are not Please do not hesitate to contact me if additional date are required to assist you in assessing. to you abi here in i re to these produce in anion hand you So burie John V. Currie President#

Page 8MATERIAL SAFETY DATA SHEET POLAROID CORPORATION OFFICE OF HEALTH, SAFETY, & ENVIRONMENTAL AFFAIRS 1265 MAIN STREET - WALTHAM, MA 02254 (781) 386-0879 Data Sheet No. M-0628 Revision VIII INFPA FIRE HAZARD SYMBOL 4-Extremo 2-Moderate Health Reactivily Compiled by: E. Karger Issue Date: 08-JUN-1998 Hazards "Special 1-spnlicant SECTION I - PRODUCT AND COMPANY IDENTIFICATION COMMON NAMES: DEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000, TIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,; MAT-I-E SECTION II - COMPOSITION/INFORMATION ON INGREDIENTS CHEMICAL FAMILY: MIXTURE INGREDIENTS which are considered not to be a hazard may not be included in the list of ingredients Please note that chemicals present in the mixture in concentrations below 1% Material % MSDS# CAS# PL#/Comments POTASSIUM HYDROXIDE 5-10 001310-58-3 2-METHYLIMIDAZOLE 0.10-1 000693-98-1 TITANIUM DIOXIDE 30-60 013463-67-7 COPOLYMER CARBOXYLATED STYRENE/BUTADIENE 1-5 009003-55-8 P-TOLUENESULFINIC ACID, SODIUM SALT-HYDRATE 0.10-1 000824-79-3 2-ETHYLIMIDAZOLE 1-5 001072-62-4#

Page 9: • • INGREDIENTS (CONT.) Material MSDS# CAS# PL#/Comments 6-METHYLURACIL 0.10-1 000626-48-2 WATER 40-70 007732-18-5 SECTION III - HAZARDS IDENTIFICATION Hazard Signal Word WARNING Hazards CONTAINS ALKALI Eye Contact May Cause Permanent Eye Damage. skin and Mouth Contact May Cause Irritation or Burns. Precautionary Measures Do not get in eyes, on skin, mouth or clothing Nash thoroughly after handling INGREDIENT EXPOSURE LIMITS POTASSIUM HYDROXIDE ACGIH OSHA Permissible Exposure Limit: PEL/TWA TLV/TWA 2 mg/m3 mg/m3 (ceiling) (celling) TITANIUM DIOXIDE OSHA Permissible Exposure Limit: PEL/IWA ACGIH TLV/TWA mg/m3 mg/m3 (total dust) 5 mg/m3 (respirable fraction) P-TOLUENESULFINIC ACID, SODIUM SALT-HYDRATE OSHA Permissible Exposure Limit: PEL/TWA ACGIH TLV/TWA None established Not listed 2-ETHYLIMIDAZOLE ACGIH OSHA Permissible Exposure Limit: PEL/IWA None established TLV/TWA Not listed 6-METHYLURACIL ACGIH OSHA Permissible Exposure Limit: PEL/INA TLV/TWA None established Not listed TINE ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,; DEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000, ND = No Data NA = Not Applicable M-0628 Rev. VIlI /Page 2 of 6#

Page 10SECTION IV - FIRST AID MEASURES EYE CONTACT: fifteen minutes. Remove In case of eye contact, immediately flush eyes with plenty of water for at least Seek Medical attention immediately. SKIN CONTACT: In case of skin contact, flush affected area with plenty of water. ORAL CONTACT: In case of oral contact rinse mouth immediately with plenty of water. Drink water or induce vomiting. Seek Medical attention immediately. citrus juices to dilute or neutralize any alkali that may have been swallowed. DO NOT INGESTION: to do so by Medical personnel. Never give anything by mouth to an unconscious person. Get Medical attention immediately. If swallowed, do NOT induce vomiting unless directed NOTES TO PHYSICIAN Prolonged contact with skin may produce alkali burns. SECTION V - FIRE FIGHTING MEASURES Flash Point: (Tag Closed Cup): Mixture will not burn. SECTION VI - ACCIDENTAL RELEASE MEASURES SECTION VII - HANDLING AND STORAGE Not Available SECTION VIII - EXPOSURE CONTROLS/PERSONAL PROTECTION RECOMMENDED VENTILATION: Not normally required. RESPIRATORY PROTECTION: Not normally required. EYE PROTECTION: Not normally required. SKIN PROTECTION: Not normally required. TIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,; DEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000, NA = Not Applicable ND = No Data M-0628 Rev. VIII /Page 3 of 6#

Page 11: • SECTION IX - PHYSICAL AND CHEMICAL PROPERTIES Appearance and Odor: Cream, white, tan, grey or pink viscous fluid Melting Point: Boiling Point: Specific Gravity(H2O=1): @ 760 mm Hg: 100 °C (212 F) (Water) % Solubility in Water: 1.1 Vapor Density (AIR=1): @ 20°C: dilutable Vapor Pressure: % Volatiles by volume: ND 85 (approximate) Evaporation Rate: (BUTYL ACETATE=1) : <1 Pour Point: > 13 - Drops rapidly after processing Viscosity: Softening Point: ND Bulk Density: ND Log Kow: Surface Tension: ND ND ND SECTION X - STABILITY AND REACTIVITY Hazardous Reactivity: Mixture is considered stable. SECTION XI - TOXICOLOGICAL INFORMATION INHALATION: May be an irritant SKIN CONTACT: Corrosive EYE: Corrosive INGESTION: Corrosive Eas d aie re arapo ay ane pramet oye age. va eue urina eo akin and Effects of Chronic Overexposure: None currently known. SECTION XII - ECOLOGICAL INFORMATION Not Available DEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600ł+, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000, TIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,; ND = No Data NA = Not Applicable M-0628 Rev. VIII /Page 4 of 6#

Page 12SECTION XIII - DISPOSAL CONSIDERATIONS Product (film pack, picture) is not classified or regulated under U.S. federal law as "RCRA Hazardous" before or after processing. SECTION XIV - TRANSPORT INFORMATION OTHER D.O.T. INFORMATION Film product not regulated SECTION XV - REGULATORY INFORMATION All ingredients are listed on the TSCA inventory Controlled Product Regulations (CPR) and the MSDS contains all the information required rhis product has been classified in accordance with the hazard criteria of the Canadiar by the CPR. SECTION XVI - OTHER INFORMATION All ingredients are listed on the TSCĄ Film conforms to ASTM D-4236 inventory TIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE,; DEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000, NA = Not Applicable ND = No Data M-0628 Rev. VIII /Page 5 of 6#

Page 13Data Sheet No. M-0628 Revision VIlI Revision Information Revised Sections Since Last Version: Section XV Regulatory Information REVISION DATE: 08-JUN-1998 REPLACES SHEET DATED: 11-MAY-1998 COMPLETED BY: Polaroid Corp. Office of Health, Safety, & Environmental Affairs information and tests believed to be reliable but suitability for any particular use should be confirmed by This data is for guidance and is believed accurate as of the date of issue hereof. It is based upon the user's own tests. The advice contained in this data sheet is given and accepted at the user's risk and Polaroid makes no guarantee of results and assumes no obligation or lability in connection herewith VIME ZERO, 330, 990, CAPTIVA 95, VISION 95, JOYCAM 95, POCKET FILM, PLATINUM, EXTREME GLOSS FILM; ALTER IMAGE, MATTE; DEVELOPER FLUID CONTAINED IN POD OF FILM TYPES 708, 778, 779, 339, 600++, 309, 909, 600+, SPECTRA, IMAGE, 6000, 7000, ND = No Data NA = Not Applicable M-0628 Rev. VIlI /Page 6 of6#

Page 14Data Sheet No. M-0628 Revision VIII INFPA FIRE HAZARD SYMBOL Drum Label Information 4-Extremo Health Reactivity 2-Moderato HAZARD SIGNAL WORD Hazards Speciat O-Insignifican 1-Sligh WARNING HAZARDS Eye Contact May Cause Permanent Eye Damage. CONTAINS ALKALI skin and Mouth Contact May Cause Irritation or Burns. PRECAUTIONARY MEASURES Do not get in eyes, on skin, mouth or clothing. Wash thoroughly after handling EMERGENCY AND FIRST AID PROCEDURES n case of eye contact, immediately flush eyes with plenty of water for at leas ifteen minutes. Remove contact lenses if worn. Seek Medical attention immediatel› In case of skin contact, flush affected area with plenty of water. In case of oral contact rinse mouth immediately with plenty of water. citrus juices to dilute or neutralize any alkali that may have been swallowed. Drink water or induce vomiting. Seek Medical attention immediately. Get Medical attention immediately. If swallowed, do NOT induce vomiting unless directed to do so by Medical personnel. Never give anything by mouth to an unconscious person. SPILL CONTROL: Handle film so as not to break developer pods prior to film development. Small quantities of developer fluid may be wiped up with a damp paper towel using care to avoid any skin or eye contact. OTHER D.O.T. INFORMATION Film product not regulated#

Page 15- U.S. Department of Transportation Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Administrations JAN 2 3 2001 Mr. Lawrence W. Bierlein 2175 K Street, NW Washington, DC 20037 Dear Mr. Bierlein: On September 1, 2000, on behalf of Hewlett-Packard Company, you applied for an approval to ship certain inkjet cartridges as unregulated materials. This is in response to your subsequent letter of January 5, 2001, enclosing results of certain steel corrosion tests and a comparative chart on steel compositions. We have reviewed that test data and chart, and conclude that the KO2400 steel tested is sufficiently "similar to" P3 and P235 steels, as that term is used in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the United Nations Model Regulations on the Transport of Dangerous Goods, to be accepted for Class 8 classification purposes. We also conclude, based upon the 14-day test results you provided, that the ink in the Hewlett-Packard inkjet printer cartridges does not meet the definition of a corrosive material as set forth in 49 CFR §§ 173.136 and 173.137, and in international regulations based upon Chapter 2.8 of the UN Model Regulations on the Transport of Dangerous Goods. Accordingly, because the ink is not regulated as a hazardous material, the approval you originally requested is not necessary. Sincerely, elmand 9. Marzullo idward I. Mazzullo, Direet Office of Hazardous Materials Standards#