NOVA Chemicals Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 ›pecial Program: Administration APR 22 2003 Mr. Dean Pettibon Commodity Manager Ret. No. 03-0081 NOVA Chemicals Inc. 1550 Coraopolis Heights Road Moon Township, PA 15108 Dear Mr. Pettibon: This is in response to your March 11, 2003 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to testing for Intermediate Bulk Containers (IBCs). Specifically, you ask if performance testing is required for IBC packaging under Special Provision IP7 of the Hazardous Material Table (HMT) for "Polymeric beads, Expandable." The answer is no. Special IBC Packing Provision IP7 for UN identification number UN2211, "Polymer beads, involving flammable vapor" specifies that IBCs are not required to meet the IBC performance tests specified in Part 178, Subpart N of the HMR. This Special Provision was added as part of a June 21, 2001 Final Rule, Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions, under Docket No. HM-215D. A copy of this Final Rule is available on our website at hitp://hazmat.dot.gov under the Rules and Regulations icon, in the Rulemakings and Federal Register Notices. The Final Rule amended the HMR to maintain Pollutants, and the provisions for IBCs. alignment with international standards and included miscellaneous changes in the HMT, List of Marine I hope this information is helpful. If we can be of further assistance, do not hesitate to contact us. Sincerely, Delor Hillip, Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 172.102 030081 ....#

Page 2NOVA Chemicals® 1550 Coraopolis Heights Road NOVA Chemicals Inc. (412) 490-4000 Moon Township, PA 15108 Foster $172.102(c)(4) March 11, 2003 Table 3 400 7* Street, S. W. U.S. Department of Transportation 03-0081 Washington DC, 20590 Attention: Edward T. Mazzullo Dear Edward, Inc. in Moon Twp. Pa. We are currently packaging EPS products in 1000 pound fiberboard intermediate I'm a commodity manager for packaging of Expandable Polystyrene (EPS) products for NOVA Chemicals bulk containers (FIBC) intended to transport hazardous solids. We contract to an outside laboratory to perform test for compliance with applicable sections of 49 CFR/United Nations recommendations for the transport of dangerous goods - Packaging group III. pertaining to hazardous chemicals associated with "Polymeric beads, Expandable". Specifically, reference It has been brought to my attention that changes have taken place in the UN-DOT Rules and Regulations should be made to 49 CFR, Part 172, and dated April 3, 2002. the IBC performance test. This information, if I reference Table 3 - IP Codes (IP7), depicts that 2211 IBC'S are not required to meet I'm looking for your assistance to clarify the current rulings that exist for the referenced package, specifically if testing is still required? Please provide me with a documented response at the following address: 1550 Coraopolis Heights Road NOVA Chemicals Inc. Moon Township, Pa. 15108 Thank you, for you assistance. Dean Pettibon Commodity Manager A Responsible Caro® Company#