Retrotec Inc. — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportation 400 Seventh St., S.W. Washington, D.C. 20590 Special Programs Research anci Administration NOV - 9 2001 Mr. Carl Piehl Ref No.: 04-0189 Production Manager Retrotec Inc. 2200 Queen St., #12 Bellingham, WA 98226 Dear Mr. Piehl: This is in response to your letter dated August 12, 2004 requesting clarification of the small quantity exception found in § 173.4 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if you can place 25 air current testers each containing 10 ml of "Titanium tetrachloride, UN1838, 8, (6.1), PG II" in a outer packaging and ship the completed package as a small quantity under § 173.4. Additionally, you state that you would like to ship your titanium tetrachloride by air under exemption DOT-E 6971. "Titanium tetrachloride, UN1838, 8, (6.1), PG II" meets the definition of a Division 6.1, PG I, Zone B material. Therefore, you cannot place 25 air current testers each containing 10 ml small quantity exception found in § 173.4. In accordance with § 173.4(a)(1)(iii), the of titanium tetrachloride in an outer packaging and ship the completed package under the maximum quantity of "Titanium tetrachloride, UN1838, 8, (6.1), PG II" per inner receptacle or article is limited to 1g (0.04 ounces). To request party status to exemption DOT-E 6971 you must submit your application to the Associate Administrator for Hazardous Materials Safety in accordance with § 107.107. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Eila 27. Mozulle Edward T. Mazzullo Director, Ofice of Hazardous Materials Standards 040189 173.4#

Page 2220o achen St. #12, Bellingham, WA 98226 (350) 738-9935 Fax 647-7720. retroter dow instrument manufacturer since 1980. misi, Commercial, Soientific and Residential applications worldwide Supko To: Edward Mazzullo 5.13.4 • Small Quantity Re: Reques: for letter of determination on the Retrotec Air Current Tester Exceptions We would like to have a written determination from DOT concerning the small quantity 04-0189 exemption for 10ml of Titanium Tetrachloride (TiCl4) for ground and air shipments. Gound shiprnents quantity exemption because the product falls into a pack group "I'". However, Cameron We have been told by Arthur Poilack at the DOT thai we can ship 10ml of TiCis using the smail provision"2". A competitor E V Hill Company has been shipping 2ml & 4ml under the small Setterthwaite at the DOT has stated that we can ship only 1g (0.6ml) of TiC 4 because of Special meetings with DOT to make sure that they are in line. Please clarify if Retrotec Inc can ship quantity exemption for a long time and we have been informed that they have had extensive 10ml packets of TiCla by ground under the same small quantity exemption. Air shipments Protocol Analytical (our supplier) has acquired a special exemption DOT-E 6971 for shipping on Inc can ship by air also. airplanes. We would like to find out how to be certified under this exemption so that Retrotec Chart 49cf172. 101 seems clear that Titanium Tetrachloride is "hazard code: 8, ID#UN1838, package grp: II, Label Code:8, 6.1, with a host of special provisions and forbidden on any • confusing which, we suspect, is why we can't get a consistent answer. aircraft. But when we start looking at small quantity exemptions it gets very complicated and contained throughout the entire shipping cycle. Each Air Current Tester has a 10m! hermetically We believe we have more than enough measures in place to ensure that the chemical remains they are leak proof. Each vial is wrapped in enough absorbent fiberglass and cotton to soak up sealed glass vial of Titanium Tetrachloride packed inside. The vials are melted shut to ensure all the liquid in the vial. This wrapped vial is then packed inside a Teflon tube that is mechanically sealed with rubber stoppers. Then the Teflon tube is packed inside a PVC pipe which mechanically sealed with plastic stoppers and tape. The pipe has shock absorbing material inside along with MSDS, instructions and spare parts. These PVC pipes are then boxed for shipping with about 2" of absorbent packing material in the box. We have successfully tested the package to comply with 49cfr172.4 package group II standards. The glass vial can only be broken when ready for use by folding the tester in the middle. This folding is prevented in shipping by the PVC pipe. The user must remove the tester to charge it with the liquid Titanium Tetrachloride from the vial. We have been manufacturing this tester for over 24 years without incident and during that time have made over 100,000 air current testers without any shipping incidents. Over that period we have constantly improved the safety of the product. Document2 Page 1 of 2#

Page 3must be removed and the tube repeatedly squeezed to get small amounts of fine particulate to The tester is completely inactive until the vial is broken and then the cap on the Teflon tube come out that acts to identify air current movement. We wish to be able to ship 25 testers in a box with each tester containing 10ml of Titanium Tetrachloride by ground. We would also like to be able to ship them by air. If required for air shipments, we could go the extra step of sealing the device in a plastic/foil pouch as defined in DOT-E 6971 and/or limit the quantity per package to whatever level you determine appropriate. Your help in this matter is essential to sustaining our active and useful business of providing for your assistance and consideration in this matter. diagnostic tcols to the international energy and fire suppression trades. We would be grateful Yours Truly, Carl Pieht, Carl Till Production Nigr. Phone 360-738-9835 ext 306 Retrotec Inc. Fax 360-647-7724 Email cpieh @retrotec.com Document2 Page 2 of 2#