Supresta Built-In Defense — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Administration Hazardous Materials Safety NOV 21 2005 Dr. Andy Wang Ref. No. 05-0214 Supresta Built-In Detense Ardsley Park 420 Saw Mill River Road Ardsley, NY 10502 Dear Dr. Wang: This is in response to your September 12, 2005, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185). Specifically, you request confirmation from this Office that a product that contains 1 - 4% triphenylphophate in combination with tert-butylated triphenylphosphates is neither a marine pollutant nor a severe marine pollutant and therefore, is not subject to the HMR. Under § 173.22, it is the shipper's responsibility to properly classify and describe a hazardous material. This Office does not normally perform that function. However, based on the information submitted, it is the opinion of this Office that a triphenyl phosphate/tert-butylated triphenyl phosphates mixture containing 1% to 4% triphenyl phosphates is not a marine pollutant nor a severe marine pollutant according to Appendix B in § 172.101. Therefore, provided your product does not otherwise meet the definition of a hazardous material (§171.8), it is not subject to the HMR. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards 172.101 050214#

Page 2BAH August 25, 2005 5172101 Mr. Edward T. Mazzullo Classification Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA(PHH-10) 400 7* Street S.W. 05-0214 Washington, D.C. 20590-0001 Dear Mr. Mazzullo: We recently spoke with Kevin of your office in regard to a question about the classification of a product. He suggested that we contact you in order to get written confirmation. We have a product that contains 1 - 4% triphenylphosphate in combination with tert- butylated triphenylphosphates. In our conversation, Kevin indicated that this product would not be regulated as either a marine pollutant or a severe marine pollutant. Please confirm that this product would be accurately classified as non-regulated for transportation purposes Thank you for your review of this product. If you have any questions, please feel free to contact me at (914) 269-5928. Sincerely, implan . Andy Wang Regulafory Affairs Manager Cc: Mark Buczek#