Bennett Environmental Inc. — Hazardous Materials Safety Interpretation

Page 1.S. Deparmer f Transportatio 400 Seventh St., S.W. Washington, D.C. 20590 Research and Special Program: Administration JAN 1 4 2005 Ms. Kelly Noelle Ref No.: 05-0004 Manager, Logistics Bennett Environmental Inc. 208 - 1540 Cornwall Rd. Oakville, Ontario Canada L6J7W5 Dear Ms. Noelle: This responds to your January 4, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if your steel containers, commonly referred to as "Flower Pots," are an acceptable means of containment for contaminated soil packaged under § 173.240. You provide detailed photographs and test results indicating that the containers remain securely closed and sift-proof during transit. Section 173.240(e) authorizes the transportation of certain low hazard solid materials in non-DOT specification sift-proof closed bulk bins. We believe that your packaging is best described as a non-DOT specification closed bulk bin. In order to be deemed sift-proof the completed package may not permit the escape of any of the hazardous material contained therein. In our opinion, based on the test results and photographs provided, this package is sift-proof for contaminated soil and; therefore, is an authorized packaging under § 173.240(e). However, it is the shipper's responsibility to ensure that the packaging provides sift-proof containment for contaminated soil at the time of shipment and will continue to provide that containment until the package reaches its final destination. In addition to being sift-proof and closed the package must also meet the general provisions of § 173.240. These provisions require non-DOT specification bins to meet the general are subject to the requirements of the special provisions contained in Column 7 of the packaging requirements for bulk packages in §§ 173.24 and 173.24b. In addition, the bins Hazardous Materials Table (HMT; § 172.101), as applicable. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely Mess Chief, Standards Development 172.101 *Tazardous Materials Standards 173.240 050004#

Page 2The Earth is our business - La Terre, c'est notre affaire € BENNETT Bennett Environmental inc. 208 - 1540 Cornwall Rd. www.bennettenv.com ENVIRONMENTAL INC Oakville, Ontario toll: 800.386.1388 x 228 6J 7W5 anadi fax: 905.339.0016 ph: 905.339.1540 x 228 email: knoelle@bennettenv.com Office of Hazardous Materials Standards January 4, 2005 Research and Special Programs Administration Attention: DHM-10 Supko 4007*Street SW U.S. Department of Transportation $172.101 Washington, DC, USA $173.240 Dear Sir or Madam: is in accordance with the requirements of subparts A and B of part 173 of the 49 CFR regulations and the acceptable means of containment to transport. This authorization from the US Department of Transportation special provisions specified in Column 7 of the 172.101 Table. The purpose of these containers is for the transportation of hazardous contaminated soil as defined in 49 CFR section 173.240. These containers will hold solid bulk soil and soil-like material of low hazard. comprised of composite representative from these various sites. This composite will consist of bulk soil Contaminated soil will be generated by numerous sources across the United States. This soil will be and soil-like material contaminated with such low hazards as organochloride molecules: PCE, TCE, ppm by mass. Dioxins, Furans, Creosote and Polychlorinated Biphenyls (PCBs) in concentrations of more than 50 The Flower Pot containers are to be used to ship by rail, road and waterways. They will be transported from various locations in the US to a wholly owned subsidiary of Bennett Environmental Inc., Récupère Environmental Inc. will thermally treat the low hazard material as per its Certificate of Authorization. Sol Inc., located in St. Ambroise, Quebec, Canada. Upon receipt of such material, Bennett fabrication several test were performed in compliance with the specifications of Section 6.5.7 of the Flower Pots were initially designed by LDS Consultants in Montreal, Canada. At initiation of their Method A1. 'Can/CGSB-43.146-94' standard, in accordance with the procedures described in ASTM D-999-96 of the Transport of Dangerous Goods. They have been used by Bennett Environmental Inc., without These units of containment have been approved by Transport Canada's division of Safety and Security incident, to ship such aforementioned material within Canada in the past.. further details on our containers. Please contact the undersigned should you require any clarification or We appreciate the US DOT's acknowledgement that such containment units are in fact authorized. Sincerely, Kelly Noelle Manager, Logistics Bennett Environmental Inc. 1130 West Pender Street, Suite 200, Vancouver, BC, Canada V6E 4A4 Tel (604) 681-8828 Fax (604) 681-682: 1540 Cornwall Road, Suite 208, Oakville, ON, Canada L6J 7W5 Tel (905) 339-1540 Fax (905) 339-0016 RECUPERE SOL Email info@bennettenv.com Website www.bennettenv.com MATE RAO OURS#