General Chemical — Hazardous Materials Safety Interpretation

Page 1f Transportatic S. Departmel Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration DEC 1 2005 Ms. Kathleen Nese Ref. No.: 05-0261 Manager, Product Stewardship and General Chemical Regulatory Affairs 90 E Halsey Road Parsippany, NJ 07054 Dear Ms. Nese: This is in response to your October 13, 2005 letter regarding determination of a proper shipping name for a sodium nitrite solution under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, the product you intend to offer for transportation does not meet the definition of a Division 5.1 material as defined in § 173.127 and is better classified as a Division 6.1 material and described as "Toxic liquid, inorganic, n.o.s. (sodium nitrite), 6.1, UN3287, PGIII." Specifically, you ask this office for consent to make this determination. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material and assign it a proper shipping name from the hazardous material Table (HMT; § 172.101). Such determinations are not required to be verfied by this Office. In accordance with § 172.101(c)(12)(i), if it is specifically determined that a material meets the definition of a hazard class, packing group or hazard zone, other than the class, packing group or hazard zone shown in association with the proper shipping name, or does not meet the defining criteria for a subsidiary hazard shown in Column 6 of the Table, the material must be described by an appropriate proper shipping name listed in association with the correct hazard class, packing group, hazard zone, or subsidiary hazard for the material. Provided the sodium nitrite you offer for transportation meets the definition of a Division 6.1 material, your classification is the most appropriate. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, Hothe z Mitchel Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173.132 (e)E) 172./01 050261#

Page 2Pollack 3113. 132(6)g) 3lsificatiar ENVIRONMENTAL MATTERS DEPARTMENT 90 EAST HALSEY ROAD 05 OCT 19 PN 5:19 ELEPHONE: (973) 515-184 PARSIPPANY, NJ 07054 ACSIMILE: (973) 515-324 October 13, 2005 Office of Hazardous Materials Standards 05-0261 Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation Washington, DC 20590-0001 Attention: DHM-10 Re: Re-classification of Sodium Nitrite Solutions To Whom It May Concern: formulation and technical information for Sodium Nitrite Liquor solutions and determined that a re- General Chemical, LLC is writing to inform the Department of Transportation that it has reviewed the classification from Nitrites, inorganic, aqueous solutions, n.o.s., 5.1, UN3219, PGIII to Toxic liquid, inorganic, n.o.s. (sodium nitrite), 6.1, UN3287, GIII is appropriate based on the following statistics: • Sodium Nitrite solutions do not evolve oxygen until it is dried to a solid; therefore, the product is not an oxidizer which is one of the characteristics which must be present in order to meet the definition of a Class 5, Division 5.1 oxidizer as defined by the DOT criteria. • Our previous designation of our Sodium Nitrite solutions as a Class 5, Division 5.l. was based on the criteria set-forth under 49 CFR 173.132 (c)(2); however, this information classifies the in the same concentration. We have now determined that 49 CFR 173.132 (c)(2) is not the most mixture based on the most hazardous constituent, i.e. Sodium Nitrite (5.1), as if it were present accurate way to classify the mixture since Sodium Nitrite solutions are not oxidizers as General Chemical, LLC has data that supports a classification of Sodium Nitrite as a Class 6, classified by 49 CFR 173.127. the solutions based on the formula criteria set forth under 49 CFR 173.132 (c)(3). The formula Division 6.1 toxic; therefore it is only appropriate that General Chemical determine the LDso of has determined that the solutions have an LDso of 330 mg/kg and supports the ciassification as Class 6, Division 6.1 toxic under these criteria. We trust that the re-classification will meet your approval. On the basis of the foregoing, General Chemical, LLC will make the change to the classification of Sodium Nitrite as indicated above. If you have any questions, please do not hesitate to contact me at (973) 515-1840. Sincerely, Kithle Rese Kathleen Nese Manager, Product Stewardship & Regulatory Affairs#