Summit Environmental Corporation, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration APR -8 2003 CEO Mr. Keith Parker Ref No. 03-0001 Summit Environmental Corporation, Inc. 133 E Tyler Street Longview, TX 75601 Dear Mr. Parker: This is in response to your letter dated December 17, 2002 regarding the proper shipping description for your material FirePower 911™ under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your letter you stated that your product is a fire extinguisher in an aerosol can, and meets the limited quantity provisions in section 173.306(a)(3) and conforms to the consumer commodity provision in section 173.306(b). Therefore, you believe that the most appropriate shipping description for your product is "Aerosols, non-flammable" and that it can be renamed and reclassed as "Consumer Commodity, ORM-D." You provided supporting test documentation and a sample package of the FirePower 911™M for our review. As provided in 49 CFR 173.22, it is the shipper's responsibility to properly classify a hazardous material and assign a proper shipping name from the Hazardous Materials Table (HMT). Such determinations are not performed by this Office. However, based upon the information and the packaging you provided, it is the opinion of this Office that "Aerosols, 2.2 (non-flammable gas)" most appropriately describes your product FirePower 911™ and it also meets the consumer commodity provision in § 173.306(h). Thus, FirePower 911™M may be renamed "Consumer Commodity" and reclassed as an ORM-D. I hope this information is helpful. Please contact us if we can be of further assistance. Delmer F. Chief, Regulations Development Office of Hazardous Materials Standards 173.306 030001#

Page 2Summit Environmental Corporation, Inc. Webb OTC: BB SEVT $173.306 Consumer Commodity December 17, 2002 Mr. Edward T. Mazzulo, Director 03-0001 US DOT/RSPA (DHM-10) Office of Hazardous Materials Standards 400 7* Street SW Washington DC 20590 Dear Sir, Re: Request for Formal Interpretation Our company, Summit Environmental Corporation, owns the tradename to a most unique product and device. The name of this product is FirePower 911™, kind in the world. It is a fire extinguisher not housed in the traditional schematic, but in The unique nature of this product is that it is a product which is the only one of its an aerosol can. What makes it even more unique is its contents, FlameOut®. Our company owns the patent and intellectual property rights to the formulas and technology. FlameOut® was the first certified and listed replacement by the United States Environmental Protection Agency for the banned firefighting agent Halon 1211. This global banning action was taken at the 1992 Geneva Peace Conference due to the toxicity and ozone approved by this US-EPA Clean Air Act protocol called SNAP. depleting characteristics of Halon. There have only been seven products permanently After the SNAP listing, FlameOut® was tested and certified by the United States Testing Service as non-toxic, non-corrosive and rapidly biodegradable. In 1997, FlameOut® was listed by Underwriters Laboratories for both Class A and B fires. Within the NFPA 18 standard, FlameOut® possesses UL162 approval which establishes the product as an encapsulation and emulsification agent for all types of fuels. In December certifying the product as a replacement agent for Halon on board commercial aircraft. On 2001, certification for FlameOut® was listed in a publication from the US DOT/FAA November 25, 2002, the final processing for FlameOut® began by the United States Forestry Service. This listing carries a similar mammalian toxicity certification as conducted by United States Testing Service Aquatic Listing in 1993. All of this information is intended as support for our position that we and BioGenesis Enterprises have been under the assumption that the more appropriate flammable. classification for FirePower 911™M aerosol fire extinguisher is as an aerosol non- Bio-Genesis Enterprises, Inc. is the company from which Summit purchased the patents, intellectual property rights, and trademarks. Dr. Mohsen Amiran, President/CEO of BioGenesis is the inventor and patent holder for that which is contained herein above. 133 E Tyler Street - Longview TX 75601 - (903) 758-0551 • 800-522-7841 • fax. (903) 758-1903 www.secl-us.com Heater 1211;#

Page 3page 2 of 3 It is the belief of BioGenesis and Summit that the classification most appropriate for Firepower 911™ is aerosol, non-flammable. After extensive meetings with United Parcel Service, they hold the same belief as is documented by the letters attached hereto. Our classification understanding is based upon the following application of the section 173.306 as follows: requirements. The product meets all of the criteria for said description. Referring to (3) When in a metal container for the sole purpose of expelling a non-poisonous liquid, paste or powder, provide all of the following conditions are met. Special this section. exceptions, for shipment of aerosols in the ORM-D class are provided in paragraph (h) of the following: (to wit section (3)(a)) Reference above (3) FlameOut®, the contents of the FirePower 911™M can is a "non- poisonous liquid". (h) The FirePower 911™ container filled weighs 34 ounces. 1 Liter can. Section (3)(i) Capacity must not exceed 50 cubic inches (1 Liter). FirePower 911™M is a Section (3)(ii) Pressure in the container must not exceed 180 psig at 130°F. The pressure for FirePower 911™M can ranges between 71 psig and 78 psig. ... In any event, the " metal container must be capable of withstanding without bursting a pressure of one and one-half times the equilibrium pressure of the content at 130°F. The FirePower 911™M can is of 2Q quality and possesses capability of 420 psig bursting specification. Section (3)(iil) Liquid content of the material and gas must not completely till the No container to 130 F. Firelower 911'M contains 23.7 ounces of (FlameOut® land 5 ounces of 134-A propellant. Section (3)(iv) The package must be packed in strong outside packagings. Each can is packed in a cardboard container with the content wrapped in bubble wrap. (sample contained herein). Section (3)(v) Each completed container filled for shipment must have been heated until the pressure in the container is equivalent to the equilibrium pressure of the content at 1999 certification letter. 130°F (55°C) without evidence of leakage, distortion, or other defect. See October 13, Section (3)(vi) Each outside packaging must be marked "INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS" (See sample contained herein.) Consumer Commodity means a material that is packaged and distributed in a form intended or suitable for sale through retail agencies or instrumentalities for consumption by individuals for the purposes of personal care or household use. This term also includes drugs and medicines. FirePower 911™M is designed for both personal care and household use. It is designed as an immediate response tool for a skillet fire, a lawnmower, barbecue pit, pile of leaves, a curtain, Christmas tree or any other emergency spot fire. The proposed retail sale presentation for the purposes of the communication is via QVC, Inc.#

Page 4page 3 of 3 Due to the content of certifications, specifications and applications of the DOT statutes herein, we are seeking a confirmation from your organization of same, aerosol a sample package and can of FirePower 911™. non-flammable. We offer support documentation for the above as attachment hereto and Service supporting our classification. These documents have been provided previously tr Additionally we are enclosing two letters previously received from United Parcel QVC, Inc. and were prepared for this purpose at our request by United Parcel Service herein, please do not hesitate to give me a call. Should you have any questions or seek any additional support in order for support Sincerely, House Keith Parker CEO#