Binex, Inc — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Special Programs Research and APR - 8 2003 Washington, D.C. 20590 Administration Binex, Inc. Mr. Gary I. Hansen Ref. No. 02-0300 4410 South Century Drive Murray, UT 84123 Dear Mr. Hansen: This is in response to your letter and subsequent telephone applicability of the Hazardous Materials Regulations (49 CFR conversation with a member of my staff concerning the Parts 171-180 to a solution of sodium perchlorate. you ask that the material be "correctly reclassified" as non- Specifically, regulated under the HMR because it does not meet the definition for Class 5.1 (oxidizer) in S 173.127. You state your solution contains 51% sodium perchlorate, 39% water, and 10% ethylene form during transportation. glycol, and that the ethylene glycol keeps Under the HMR, unless an entry is preceded by a plus (t) sign in Column (1) of the S 172.101 Table, a material listed by name that using that description (see $ 172.101 (c) (12)). does not meet the corresponding hazard class may not be described containing 51% sodium perchlorate, as described in your letter, If the solution criteria for a Class 5.1 hazardous material. Provided the does not crystalize during transportation, it does not meet the solution does not meet and is not a hazardous substance, hazardous waste, or a marine the definition of any other hazard class, pollutant, it is not regulated under the HMR. I hope this information is helpful. If you have additional questions, please do not hesitate to contact this office. Sincerely, Regulatory Review and Reinvention Hattie I. Mitchell, Chief Office of Hazardous Materials Standards 172.101 020300#

Page 2•BINEX INC. McIntyre 4410 South Century Drive • Murray, Utah 84123 • |(801) 268-2043 - FAX (801) 268-20473/12 r10( Classification 02-0300 13 November 2002 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards - DHM-10 Desearch and Special Fragrams Administration 400 7t St. S.W. Washington, DC 20590 Dear Sir, Binex has been working with an aqueous sodium perchlorate solution as an oxidizer in binary explosives for many years.. We purchase the solution from Western Electro- Chemical (WEECO) in Cedar City, Utah where it is labeled "oxidizer" and shipped in concentrations of over 60% should be labeled "oxidizer." It is shipped to us as UN # 55-gallon drums at about 64% concentration. They indicate in their literature that PREVENTINg 1502, hazard classification 5.2. glycol (EG). This provides a very low freezing point of -40 degrees for meeting military Binex blends the solution down to a concentration of 51% by adding water and ethylene fioN. applications. The final formulation is: % Sodium Perchlorate 51 Water 39 EG 10 Binex and the U.S. Army at Picatinny Arsenal (ARDEC) have cooperatively participated in the development of this safe and effective solution. It is safe to manufacture, store and ship. It is not flammable; has very low vapor pressure; no smell; no volatility; and can be stored indefinitely in plastic containers. The current use of this solution is in a binary explosive to aid the soldier in digging quantity we can foresee shipping is about 60 Ibs packaged in a 5-gallon carboy.#

Page 3Page 2 Based upon the available commercial literature, and testing by the U.S. Army, Binex the Oxidizer classification. Therefore, Binex recommends that this material be correctly believes that this 51% Sodium Perchlorate Solution does not pose the hazard indicated by reclassified to allow shipment as "Freight of All Kinds". Binex respectfully requests the Office of Hazardous Materials Standards review the proposed hazard reclassification, and provide any recommendations or comments. Gary L. Hansen President, Binex Inc.#