Solvay Chemicals, Inc. — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Administration Hazardous Materials Safety DEC. 7 2006 Dr. Marc A. Feldman, CQM/OE Solvay Chemicals, Inic. Regulatory Affairs Manager Ref. 06-0242 P.O. Box 27328 Houston, TX 77227-7328 Dear Dr. Feldman: This is in response to your request for clarification of the Hazardous Materials proper shipping name for your material. Specifically, you state that Solvay Chemicals Regulations (HMR; 49 CFR Parts 171-180) regarding the use of the most appropriate manufactures ammonium fluoride solid dissolved in water at various strengths and the HMR, you believe that "Ammonium fluoride solution," UN2505 is the most transports the material domestically and internationally. Based on your interpretation of appropriate proper shipping name; however, you state that the International Civil Aviation Organization (ICAO) Technical Instructions, the International Maritime Dangerous Goods (IMDG) Code and the International Air Transport Association (IATA) n.o.s. (ammonium fluoride solution)," UN3287 for your material. You ask whether, Dangerous Goods Regulations require the proper shipping name "Toxic liquid, inorganic, under the HMR, the proper shipping name "Toxic liquid, inorganic, n.o.s. (ammonium fluoride solution)" may be used when transporting this material domestically or ly. In assigning a proper shipping name, you must select the shipping name most appropriate to the material being transported. You are correct that under the HMR your material 172.101 060242#

Page 2Under the HMR, you may use the proper shipping name "Toxic liquid, inorganic, n.o.s. (ammonium fluoride solution)," UN3287 in accordance with the International Civil Aviation Organizat on Technical Instructions for the Safe Transport of Dangerous Goods by Air and the International Maritime Dangerous Goods Code only when your material is aircraft or when all or part of the transportation is by vessel (see §§ 171.11 and 171.12). transported by aircraft and by motor vehicle either before or after being transported by fluoride solution)," UN3287 for transportation within the United States if no part of the You may not use the proper shipping name "Toxic liquid, inorganic, n.o.s. (ammonium transportation is by aircraft or vessel. information. I hope this information is helpful. Please contact this office if you need additional Sincerely, Hallo MED Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention#

Page 3M'Inture +E9* SOLVAY $172|01 SOLVAY CHEMICALS Paper Shipping lame INTEROX, FLUORIDES & MINERALS October 25, 2006 Office of Hazardous Materials Standards ATTN: PHH-10 Pipeline and Hazardous Materials Safety Administration 400 7" Street SW U.S. Department of Transportation Washington DC 20590 Via electronic mail and surface mail Dear Sirs: solid disolved in water at various strengths (percentages) for sale within the United Siates as well My company manufactures Ammonium Fluoride Solution consisting only of ammoniu n fluoride as for export to Europe via both air transport and vessel (ocean transport). As I interpret the Hazardous Materials Regulations (49 CFR 171-180, "the HMR"), sections 49 shipping name, Ammonium Fluoride Solution, UN 2505, PG III within the United States in a CFR 172.101(c)(10) and 172.101ii)(4) permit me to transport this material using the proper suitable package regardless of mode of transportation. Your confirmation of this understanding is The ICAO Technical Instructions and IATA Regulations (Air) and the IMDG Code (Ocean) (IATA section 4.1.3.1 and IMDG Code section 2.0.2.5), due to the different physical form of the apparently do not permit me to use "Ammonium Fluoride Solution" as a proper shipping name mixture (liquid) as opposed to the pure material (solid) in both of these regulations. For that reason it would seem that a liquid solution of Amonium Fluoride must be designated as from the United States to Europe via either air or ocean conveyance. Again, your confirmation of Toxic Liquid, Inorganic, n.o.s., (Ammonium Fluoride Solution), UN 3287, PG III, to be exported this understanding is requested. for transportation soleiy within the United States by any mode including surface (truckor rail), if no Is it permissable to use the ATA/ IMDG designation as the proper shipping name and description part of the shipment involves Air or Ocean transport (49 CFR 172.401(c))? between 7:30 am and 3:30 pm Central time. Should you require any additional information, 1 may be reached at 713-525-6575, weekdays Thank you for your assistance in understanding the regulations. Sincerely, Dr. Marc A. Feldman, CQM/OE Regulatory Affairs Manager. 3353 Richmonri pete, Houston, Texas 77098-3099 Solvay Chsitosis, he. P.O. Box 27328, Ho sion, Texas 77227-7328 www.solvayctemicals.us PAX: %: 3 525.7806 Good Chemistry at Wor Responsible Cars#