Bioconvergence, Inc. — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh St., S.W. Special Programs Research and Administration JUL 7 2003 Mr. Scott Kobryn Ref. No. 03-0128 President 2801 Long Road Bioconvergence, Inc. Grand Island, New York 14072 Dear Mr. Kobryn: This responds to your May 13, 2003 letter requesting clarification the applicability of the Hazardous Materials Regulations (HIMR; 49 CFR Parts 171-180) to your magnesium alloy turnings, which are shipped to your plant as "Magnesium alloys, UN 1869, 4.1, PG III" (with more than 50 percent magnesium in pellets, turnings or ribbons). Specifically, you ask if the magnesium alloy solids produced in your recycling process are regulated under the HMR. According to your letter, after receiving the magnesium alloy turnings, you use a washing and drying process that removes oil and contaminants from the turnings, producing a clean, dry turning. You create magnesium alloy solid shapes from the magnesium alloy turnings in your recycling process using high-pressure briquetting equipment. These clean and dry alloy turnings are compressed into blocks at high pressure to create magnesium alloy solid shapes that are approximately 92% of solid ingot density. The magnesium alloy solids are then shipped to your customers for use as a replacement for magnesium ingot. You state that the magnesium alloy solids produced by your company no longer meet the defining criteria in Part 173 of the HMR for "Magnesium alloys, UN 1869, 4.1, PG II". Therefore, you want to ship these magnesium alloy solids as non-hazardous, Recovered Magnesium Alloy Solids. Under § 173.22, the shipper is responsible for assigning the appropriate hazard class for the hazardous material according to the HMR. This Office does not normally perform that function. Based on the information provided in your letter, it is the opinion of this Office that if your recycled magnesium alloy 173,22 030128#

Page 2solids in the recycled form no longer meet the defining criteria for Division 4.1 materials or any other hazard class defined in Part 173 of the HMR, and, they are not a hazardous waste, hazardous substance, or marine pollutant, they are not subject to the HMR. I hope this answers your inquiry. Sincerely, Kusan Gorsks Senior Transportation Regulations Specialistt Office of Hazardous Materials Standards#

Page 305/13/2083 16:37 7167738162 ISLECHEM PAGE 01 Bioconvergence, Inc. Phone 716.773.8554 - Fax 716.773.8459 - email: skobryn3@cogeco.ca 2801 Long Road, Grand Island, NY 14072 May 13j2003 Boothe 172-101(c) Director, Office of Hazardous Materials Standards Attention; Edward I. Mazzullo classification 400 7* $t. SW. US / R$PA (DHM-10) 03-8128 20590-0001 Washington, DC Dear Mr. Mazzullo; I at eracting you with regard to clarification and to request DOT excingtion: for the metals solids produced by our company, Bioconvergence, Inc. (BCI). I have recently spoken with Phil Olsen of your office regarding this matter. BCI is in the magnesium metal recycling business, specifically magnesium alloy turnings which are hippeg to our plant as UN1869, 4.1, Packing Group 3. These turnings are genexated by companies whi nachine magnesium alloy castings, such as automotive transfer cases which are first die-cast and ther removes oil and contaminants from the turnings and produces a clean and dry turning. We have recently machined to final net shape. After BCI receives the turnings, we utilize a washing and drying process that installed high-pressure briquetting equipment that now creates magnesium alloy solid shapes from these turning. Essentially, the clean and dry alloy turnings are compressed into blocks at high pressure to create magnesium alloy solid shapes that are approximately 92% of solid ingot density. The magnesium alloy solids are then shipped to BCT's customers for use as a replacement for magnesium ingot. Our customers use these magnesium alloy solids as an alloying addition in the manufacture of aluminim. Because the magnesium alloy solids that BCI produces and ships no longer fit within the definition of UN1809, we are requesting a DOT exemption to enable our company to ship these solids as n- hazardous, Recovered Magnesium Alloy Solids. We apreciate your consideration of our request. Thank you. Sincerdly; Scot kimp Scott Ibbryn President#