Anitox Corporation — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Special Programs Research and Washington, D.C. 20590 Administration JAN - 6 2004 Ms. Linda Isbill 1055 Progress Circle Anitox Corporation Ref. No. 03-0302 Lawrenceville, GA 30043 Dear Ms. Isbill: This is in response to your letter dated November 21, 2003 and telephone conversation with a member of my staff. flashpoint of 53'C should be described as "Propionic acid, 8, Specifically, you ask whether propionic acid with a UN1848, PG III" or "Flammable liquids, corrosive, n.o.s. (Propionic acid), 3, 8, UN2924, PG III." determined that a material meets the definition of a hazard Section 172.101 (c) (12) (i). states that if it is specifically packing group or hazard zone shown in association with the class, packing group or hazard zone, other than the class, for a subsidiary hazard shown in Column 6 of the Table, proper shipping name, or does not meet the defining criteria material shall be described by an appropriate proper shipping name listed in association with the correct hazard class, material. packing group, hazard zone, or subsidiary hazard for the precedence over Class 8, Under § 173.2a, Class 3, Packing Group III takes proper shipping description for propionic acid with a flash Packing Group III. Therefore, point of 53' C is "Flanmable liquids, corrosive, n.o.s. (Propionic acid), 3, 8, UN2924, PG III." I hope this satisfies your request. Sincerely" Transportation Regulations Specialist Office of Hazardous Materials Standards 172.101 030302#

Page 2Anitox World Leader in Clean Feed Technology BAH $172.101 Mr. Edward Mazzullo Dept. of Hazardous Material Standards $/73.120 U.S. DOT/RSPA 4007* Street SW DHM-10 Proper Shipping Name Washington D.C. 20590 03-0352 Dear Mr. Mazzullo, Anitox Corp, with locations in Georgia and Arkansas, will ship the chemical known as propionic acid by land and ocean. Propionic acid (99.5% concentration) will be packaged and shipped by Anitox in Intermediate Bulk Containers (IBC's) containing a volume of 1,000 kilograms. The product description "propionic acid" will be used for gencration of our Material Safety Data Sheet and the packaging label. propionic acid as a class 8, UN 1848, PG III. The flash point for propionic acid (99.5% concentration) listed on 49 CFR 172.101 Hazardous Materials Table, as well as the IMDG code (2002 Edition) for ocean transport, list the Material Safety Data Sheet provided by the supplier of this product is 126 degrees F (53 degrees C). By degrees F (53 degrees C) should be classified as a flammable liquid. definition of a flammable liquid as is stated in 49 CFR 173.120, propionic acid with the stated flashpoint of 126 Anitox interprets 49 CFR 172.101 (C) (12), to state since propionic acid meets the definition of hazardous class 3 as stated in 49 CFR 173.120, propionic acid should be shipped as a Flammable liquids, corrosive, 11.o.s., UN 2924, 3, 8, PG III. Therefore, Anitox requires guidance from the DOT for clarification when shipping propionic acid by land and ocean it Anitox should ship propionic acid as a class 8, UN 1848, PG I as stated in the Hazardous Materials Table, or if Anitox should ship propionic acid as a Flammable liquids, corrosive, n.o.s., UN 2924, 3, 8, PG III. Your timely assistance in this matter is appreciated. La chalill Linda Isbill Safety/Envrionmental Coordinator Anitox World Headquarters Tel: 678-376-1055 1055 Progress Circle Lawrenceville, GA 30043 USA Corttierr www.anitox.com 1-800-241-8357 anitox@anitox.com Fax: 678-376-1413 SO 9001#