Epichem Incorporated — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration AUG - 9 2001 Mr. Brian McCarthy Administrator, Shipping and Transportation Ref. No. 01-0149 Epichem Incorporated P.O. Box 8230 Haverhill, MA 01835 Dear Mr. McCarthy: This responds to your June 7, 2001 letter requesting clarification of shipments of Division 6.1 poison materials with foodstuffs under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if your packaging meets the exception provided by § 173.25(c) for poisonous materials that may be transported in the same motor vehicle with foodstuffs. The answer is no. Your exemption specifies that your material must be packaged in a UN 1A2 drum. The drum is thus the packaging, and not an overpack. You state that you overpack your drum in a UN 4G box. The provisions of § 173.25(c) require that the packaging must be overpacked in a UN 1A2, 1B2, or 1N2 drum tested and marked for a Packing Group II or higher performance level. I trust this satisfies your request. If we can be of further assistance, please contact us. Sincerely, (Tranporation Regulations Specialist Office of Hazardous Materials Standards#

Page 2Velsor Epichem Inc. 17%. 841/e1 Eastern USA 26 Ward Hill Avenue EPICHEM § 173.25 P.O. Box 8230 Haverhill, MA 01835 Telephone 978 374 5200 01-0149 Fax 978 374 6474 Director Office of Hazardous Materials Standards U.S. D.O.T. / RSPA DHM-10 400 7" Street S.W. Washington, D.C. 20590-0001 Attention: Mr. Edward T. Mazzullo June 7, 2001 Dear Mr. Mazzullo, I would like to receive a letter of interpretation in regards to our shipments of 6.1 poison materials meeting the stowage exception in relation to food stuffs as noted by 177.841 (e)(1) and the overpack requirement as described by 173.25 ( c). Our shipments are always packaged in accordance with DOT-E 10048, and exceed it 's requirements by the use of the inner receptacle (cylinder) being placed into two heat sealed plastic bags and the UNIA2 "X" drum being overpacked within a UN4G box. Additionally all our packaging is periodically tested to meet 49 CFR Parts 173 and 178 Subpart E, Materials Poisonous By Inhalation; Division 6.1, Packing Group I, Hazard Zone A; Section 173.226(c). I am enclosing a copy of exemption DOT-E, pictures of the packaging for your reference, and a copy of the DOT/UN packaging certification. Should you need any further information or have any questions or comments please call me at 978-374-5200 ext. 234. Thank you, Brian F. McCarthy Brian I Mubarg Administrator Shipping / Transportation Epichem Inc. Corporate Headquarters Epichem Inc. Epichem Inc. 4905 Tilehman St. Western Headquarters 4905 Tilehman St. Mid American Headquarters 4905 Tilghman St. Suite 240 Suite 240 Suite 240 Allentown, PA 18104 Allentown, PA 18104 Allentown, PA 18104 Telephone 610 706 0606 Telephone 949 461 0254 Telephone 281 461 4123 Fax 610 706 0888 Fax 949 461 9935 Fax 281 461 4136#

Page 3BUBBLER RETURN POLICY "NoTE: In order to facilitate the return of our bubblers once your usage is complete, please retain and preserve all packaging materials from the original order shipment. THEBUBBIER THE DRUM 1A2/X50/S/97 GB/1936 6-10048 Step 1: Step 2: Step 3: Step 4: Ensure the bubbler inlet and Place bubbler into outlet valves are closed. onto VCR connections using Securely fasten end caps bag. plastic Ensure you have the correct The drum must be in good Packing Group 1 container. condition: there can be no the The lettering at the bottom of drum should read dents or rust. new gaskets. "UN 1A2/X". Step 5: Step 6: Step/: Step 8: Line the floor and walls of Insert the bubbler amongst Place additional vermiculite Insert a completed Bubbler vermiculite. the drum with bags of the bags. Ensure it is in an bags around and on top of Return Form, Material uprighi position. the bubblers until they are Safety Data Sheet (MSDS) secure. and DOT Exemption (if the above documents to the applicable). Give copies of shipper. EPICHEM . LID TEL: 44 151 3342774 EPICHEM INC TEL: 1610 706 0606#

Page 4C1 0 S ING AND LABELLINGTHE DRUM Step 9: enclosure. Secure the lid with bolt Step 10: Orientation labels: Step 11: on the drum, one on cach Two of these must be placed Product label: One of these must be placed side. on the drum to correspond Classification labels: with the contents of the Two of these must be placed bubbler. side. on the drum, one on each Compliance Label: ine product label that reads: One must be placed above with "Inner packages comply lione, Prescribed specifico Step 12: Step 13: required: #a 1X) Exempiion is not number (DOTE 10048) on Write the DOT reference requirer: Place labelled drum into a the product label drum beneath the 4G box labelled identically lo the drum (reter to steps now ready for shipment. The 10 and 11). The package is * the Material Satety Date hippers will require a cop and DOT Exemption lorn. Material Safely Date Sheet Sheet. Note: For added protection you may place drum in 40 box labelled identically k NOTES RETURN THE PACKAGE TO: 1) Sevoral bubblers may be packed in the same drum, provicled Epichem Inc. they are of the same hazard classification. 26 Ward Hill Avenue, 2) If you do not have a correcily labelled UN 1A2 container, Haverhill, MA 01835-0730, USA please notify an Epichem representalive and we will provide one for you. 3) Please ship via a carrier who will transport dangerous goods. Do giprial enquis and more information 4) If you have any questions of wish to relum the product for info@epichem.com credit, please contact your Epichem representative. or fax us on: Thank you for your cooperation. It is greatly appreciated. 1 610-706 0888 EPICHEM EPICHEM LTD TEl: 44 151 334 2711 PICNIM INC TEL: 1610 706 0606#

Page 5TENE Test Report #: 16243 PACKAGING SERVICES ANCORPORATED May 28, 1998 Page 20 of 31 DOT / UN PACKAGING CERTIFICATION PERIODIC RETEST TEN-E PACKAGING SERVICES, INC. certifies that the Epichem Liquids & Solids Bubbler Package has passed the standards of the DEPARTMENT OF TRANSPORTATION'S TITLE 49 CFR; Materials Poisonous by Inhalation, Hazard Zone A, Section 173.226 and the Performance Oriented Packaging Standards, Section 178. This package is also certified in accordance with the requirements set forth by IMDG and the UN Recommendations on the Transport of Dangerous Goods. It is the responsibility of the end user to determine authorization for use under these regulations. The use of certification invalid. other packaging methods or components other than those documented in this report may render this PACKAGE DESCRIPTION: Epichem Liquids & Solids Bubbler Package TEST REPORT NUMBER (S): 16243, 14275, 12754 UN MARKING (CFR 49 - 178.503): 4G / X19.8 / S / ** USA / +AA0945 PACKAGING IDENTIFICATION CODE: 4G - Fiberboard Box (178.516) AUTHORIZED PACKING GROUP (S): I (X), II (Y) & III (Z) AUTHORIZED GROSS WEIGHT: 19.8 Kg (43.7 Lbs.) "S" DESIGNATION: Denotes Inner Packagings YEAR OF MANUFACTURE: **Insert year the packaging is manufactured STATE AUTHORIZING THE MARK: USA PACKAGING CERTIFICATION AGENCY: (+AA) TEN-E Packaging Services, Inc. THIRD PARTY PACKAGE IDENTIFICATION: +AA0945 PERIODIC RETEST DATE: May 8, 2000 Daticia d Oarin Patricia L. Garin Manager, Technical Services TEN-E Packaging Services, Inc. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY THAT THE 7 PACKAGING TESTED IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. In no event shall TEN-E Packaging Services, Inc. liability exceed the total amount paid by Epichem, Inc. for services rendered. In the event of future changes to the above referenced test standard, it is the responsibility of Epichem, Inc. to determine whether additional testing or updating of past testing is necessary to verify that the packaging we have tested remains in compliance with those standards. 1#

Page 6Or Trans oration, 400 Soventh Street. S.W. Washington, D.C. 20590 Special Programs DOT - E 10048 Administration (SIXTH REVISION) EXPIRATION DATE: April 30, 2000 (FOR RENEWAL, SEE 49 CFR S 107.109) GRANTEE: Air Products and Chemicals, Inc. (Formerly Epichem, Inc., Bethlehem, PA) Allentown, PA (See Appendix A to this document for a list of additional grantees) PURPOSE AND LIMITATION: This exemption authorizes the use of a UN 1A2 drum with inside non-DOT specification metal containers for the transportation in commerce of the materials described in paragrap 6 below. This exeiption provies no relief from any regulation other than as specifically stated REGULATORY SYSTEM AFFECTED: 49 CFR parts 106, 107 and 171-180. REGULATIONS FROM WHICH EXEMPTED: 49 CFR ss 173.181, 173.187, 173.201, 173.202, 173.203, 173.211, 173.212, 173.213, 173.226, and 173.227. BASIS: This exemption is based on the application of Air Products and Chemicals, Inc. dated January 9, 1998, and supplemental information dated May 6, 1998, submitted in accordance with S 107.109. HAZARDOUS MATERIALS (49 CFR S 172.101): Hazardous materials Hazard Identification description/proper Packing Class/Division shipping names numbers Groups Aluminum Alkyl 4.2 hydrides UN3076 I Aluminum Alkyls 4.2 UN3051 I Carbon Tetrachloride 6.1 UN1846 II#

Page 7• Continuation of DOT-E 10048 (6th Rev.) Hazardous materials Hazard Identification Packing description/proper Class/Division numbers shipping names Groups Diethylzinc 4.2 UN1366 I Dimethylinc 4.2 UN1370 Flammable Liquids 3 UN1992 II toxic, n.o.s. Magnesium Alkyls 4.2 UN3053 I Metal alkyls, water- 4.2 UN2003 I reactive, n.o.s. (Tertiarybutylphosphine) (Zone B) Organometallic compound 4.3 UN3207 I solution, water-reactive, flammable, n.o.s. Pyrophoric solids, 4.2 UN2846 organic, n.o.s. Pyrophoric liquids, 4.2 UN2845 I organic, n.o.s. Selenium Compund, n.o.s. 6.1 UN3282 II Tellurium Compound, 6.1 UN3284 II in.o.s. Toxic, Liquids, Organic, n.o.s. 6.1 UN2810 I Toxic Solids, Flammable Organic, n.o.s. 6.1 UN2930 I Toxic Liquid, Oraganic, 6.1 UN2810 I n.o.s. (Tertiarybuty- (Zone A) Water- reactive liquid, 4.3 UN3130 I toxic, n.o.s.#

Page 83 • Continuation of DOT-E 10048 (6th Rev.) 7. PACKAGING - Packaging prescribed is a non-Dot specification welded cylinder described as a bubbler overpacked in a UN1A2 drum. The inside containers must be as described in Epichem, Limited's drawing number 10536, dated January 27, 1988. The inside containers must be designed to Section VIII, Division I of the ASME Code. In addition: (a) The capacity of the inside containers may not exceed 4 liters. (b) The design pressure of the inside containers must be t least 400 psig. (c) The bodies of the inside containers must be constructed of ASTM A240-316 or equivalent stainless steel with a minimum thickness of 1/16 inch. The end plates must be constructed of ASTM A249-316 or equivalent stainless steel with a minimum thickness of 1/8 inch. (d) The inside containers may be equipped with valves. No opening in the inside containers may exceed one inch in diameter. (e) Inside containers must be surrounded on all sides by incombustible cushioning material inside the UN 1 A2 drum. SPECIAL PROVISIONS: a. Net quantity of Division 4.2 liquids may not exceed two-thirds of the rated capacity of the outer drum. b. Drivers must have been instructed as to necessary safeguards and proper procedure in the event of fire, or accident. c. Persons who receive the packages covered by this exemption may reoffer them for transportation provided no modifications or changes are made to the packages, all terms of this exemption are compiled with and a current copy of this exemption is maintained at each facility from which such reofferine occurs.#

Page 9Continuations of DOT-E 10048 (6th Rev.) in 49 CFR Parts 171-180. e. Persons who receive packages covered by this exemption may reship them pursuant to the provisions of S 173.22a. f. Persons who offer the hazardous materials covered by this exemption must comply with S 173.24 (e). TESTING: (a) Each inside container must be inspected and retested at least once every five years at 5/3 times the design pressure in accordance with S 173.34. (b) Each inside container must be hydrostatically tested with a pressure of at least 728 psig at the time of manufacture. MODES OF TRANSPORTATION AUTHORIZED: Motor vehicle and cargo vessel. 10. MODEL REQUIREMENTS: A copy of this exemption must be carried aboard exemption. each cargo vessel and motor vehicle used to transport packages covered by this 11. COMPLIANCE: Failure by a person to comply with any of the following may result in suspension or revocation of this exemption and penalties prescribed by the Federal hazardous materials transportation law, 49 U.S.C. 5101 et sec: All terms and conditions prescribed in this exemption and the Hazardous Materials Regulations, 49 CFR Parts 171-180. Registration required by 49 CFR 107.601 et sec., when applicable. Each "Hazmat employee", as defined in S 171.8, who performs a function subject to this exemption must receive training on the requirements and conditions of this exemption in addition to the training required by SS 172.700 through 172.704.#

Page 10* • • Continuation of DOT-E 10048 (6th Rev.) No person may use or apply this exemption, including display of it's number, when the exeption has expired or is otherwise no longer in effect. 12. REPORTING REQUIREMENTS: The carrier is required to report any incedent involving loss of packaging contents or packaging failureto the Associate Administrator for Hazardous Materials Safety (AAHMS) as soon as practicable. (Sections 171.15 and 171.16apply to any activity undertaken under authority of this exemption.) In addition, the holder(s) of this exemption must inform the AAHMS, in writing, of any incident involving the package and shipments made under the terms of this exemption. Issued at Washington, D.C.: For Alan I Roberts Associate Administrator (DATE) for Hazardous Materials Safety Address all inquiries to: Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration, Department of Transportation, Washington, D.C. 20590° Tre repal of him mis a i n file at the mied. Any alert on poteis exemption is prohibited. Dist: FHWA, USCG PO: am#

Page 11APR 2 4 2000 Continuation of DOT-E 10048 (7th Rev.) Page 6 APPENDIX A The following are hereby granted party status to this exemption based on their application (s) submitted in accordance with S$ 107.107 or 107.109, as appropriate: Company Name Application City/State Issue Date Date Expiration Date Epichem, Inc. 4/6/00 Haverhill, MA APR 2 4 2000 3/31/02 Republo .:. ER Robert/a. MoGuire. - ..:. .. Associate Administrator for Hazardous Materials Safety#