Sea Sweep, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department - 400 Seventh St., S.W. Washington, D.C. 20590 MA 21 2003 Mr. William L. Mobeck Sea Sweep, Inc. Ref No.: 03-0008 2305 S. Syracuse Way, Suite 5 Denver, Colorado 80231 Dear Mr. Mobeck: This is in response to your facsimile dated January 6, 2003, requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your product, Sea Sweep (wood chips) a by product of saw dust. In your letter you provided a copy of the Material Safety Data Sheet (MSDS) for our review. You stated that the MSDS for this material indicates that it is not hazardous. However, the Port Authority in Spain, has requested a UN number for your product. Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This office does not generally perform this function. However, if a material does not meet one or more hazard class criteria in Part 173, and is not a hazardous substance, hazardous waste, or marine pollutant, it is not subject to the HMR. Therefore, based on the information you provided it is our opinion that Sea Sweep is not subject to the HMR. I hope this information is helpful. Please contact us if you require additional assistance Sincerely, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 173,22 030008#

Page 201/05/2003 @9:59 3033379748 PAGE 01 SEA SWERE SEA SWEEP, INC. Denver. Colorado 80231 2305 S. Syracuse Way, Suite 5 Fax: 303-337-9748 Tel: 303-337-9890 www.SeaSweep.com e-mail: seasweep@scasweep.com FAX MEMO Relerford 3172. Tol Dated: January 6, 2003 Applicabiliti To: Office of Hazardous Material Standards 03 - 0008 From: William L. Mobeck If MATERiAL DOES Re: Letter of Clarification any he regis Fax No: 800467-4922 20Z. 366- 3012 Pages 5 REGULATED Gentlemen: We are presently communicating with a company work on cleanup the oil spill in Spain and they have advised us that they have been asked what our UN number, we have sent by ship and aircraft in various countries and have never been asked for a UN number. I communication with your office we have been advised that a UN number will not be required, therefore we sending this fax for the purpose of receiving a letter and/or fax outlining that our product Sea Sweep does not require a UN number when shipping to countries outside the U.S. because it is non hazardous. Sea Sweep is a by product of saw dust (wood chips) that is thermolaticly (heated) removing all of the moisture and oil within the saw dust (wood chips) and then bagged in 5, 10, 25 and 500 pound bags or used it booms and other Sea Sweep packaged items such as booms for oil spill containment and absorption and other packaged items, please refer to our web site www.seasweep.coxa The process does not use or contain any chemicals, etc. Sea Sweep absorbs crude oil, refined hydrocarbon and chemicals on either hard surface or water upon contact. It is bydrophobic (repels water) and oleophilic (absorbs oil). Sea Sweep is biodegradeable and non-toxic. On water Sea Sweep will float indefinitely after absorbing spilled oil and due to its non leaching capabilities, it eliminates contamination to beaches, shore lines, wildlife and to both marine and bird species. We are enclosing the Sea Sweep Material Safety Data Sheet (MSDA) and the first two page of our website for your review. Should you require any additional data, please fax us at 303 337 9784#