Sasol North America, Inc. — Hazardous Materials Safety Interpretation

Page 1f Transportatio .S. Departmer Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration FEB 6 2007 Ms. Sheryl Small Ref. No. 07-0006 Sasol North America, Inc. 900 Threadneedle, Suite 100 Houston, TX 77079 Dear Ms. Small: This is in response to your January 3, 2007 letter requesting clarification under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding domestic shipment of Ethyl Acrylate in bulk (by truck or rail). Specifically you ask for guidance on determining whether "Ethyl acrylate, stabilized" is regulated as a marine pollutant under the HMR. You note in your letter that the proper shipping name "Ethyl acrylate, stabilized" is listed in the § 172.101 Hazardous Materials Table (HMT) but not listed in Appendix B to § :72.101 (List of Marine Pollutants). However, you note that "Ethyl propenoate, inhibited" is in the List of Marine Pollutants and that Ethyl Acrylate and Ethyl terms "stabilized" and "inhibited." Propenoate are chemical synonyms. The difference between the chemical names is the indeed chemical synonyms. Further, the terms "stabilized" and "inhibited" have the same According to the various chemical indexes, Ethyl Acrylate and Ethyl Propenoate are meaning, that is, both terms are used to describe a material that is in a condition that precludes an uncontrolled reaction (see § 171.8). Under Docket HM-215D (66 FR 33316; June 21, 2001), PHMSA amended all entries in the HMT to replace the term "inhibited" with "stabilized." The use of the term "stabilized" introduced internationally accepted and standardized hazard communication wording and conveys that the addition of a stabilizing compound or other means of stabilization such as temperature control material. measures have been implemented to prevent an unwanted reaction of a hazardous Therefore, based on the above information, "Ethyl acrylate, stabilized" is regulated as a marine pollutant under the HMR (see §§ 171.4 and 171.8). Specific to your scenario, 172.101 070006#

Page 2bulk transport of "Ethyl acrylate, stabilized" by truck or rail is subject to the requirements for transport of marine pollutants under the HMR. Sincerely, the IN. Office of Hazardous Materials Standards Chiet, Standards Development#

Page 3Der Kinderen 3172,101 SaSOL Proper Shipping Name reaching sew frontiers 07-0006 January 3, 2007 Office of Hazardous Materials Standards Attn: PHH-10, Dept. of Transportation Pipeline and Hazardous Materials Safety Administration 400 7" Street SW. Washington, DC 20590-0001 RE: Guidance and Interpretation This letter serves as a request for guidance in shipping Ethyl Acrylate in bulk (truck and rail) in the U.S. The primary issue is determining whether Ethyl acrylate is a marine pollutant. Ethyl Acrylate is listed in §172.101 Hazardous Materials Table as "Ethyl acrylate, stabilized". There is not a listing for "Ethyl acrylate, inhibited". In Appendix A to 172.101, Ethyl acrylate is listed as hazardous substance using two chemical names: Ethyl acrylate or 2-Propenoic acid, ethyl ester. Both hazardous substance listings have a RQ of 1000 Ibs. When you look in Appendix B to however, there is a marine pollutant under the name "Ethyl propenoate, inhibited". 172.101, there are no listings under the names Ethyl acrylate or 2-Propenoic acid, ethyl ester; the name "Ethyl propenoate" is a synonym for Ethyl acrylate. The only difference is "inhibited" vs. The problem is "stabilized". Should Ethyl acrylate in bulk containers be shipped as a marine pollutant due to the marine pollutant listing "Ethyl propenoate, inhibited"? Any assistance in clarifying this issue is appreciated. Kind regards, Shinyd Amall. Product Safety Specialist Sheryl Small Sasol North America Inc. Houston, TX 77079 900 Threadneedle, Ste. 100 (281) 368-1552 fax (281) 588-3492 phone sheryl.small@us.sasol.com G00 Threadpeedie Suite 100 Sasol North America Inc. Telephone (41) 281 588 3000 Houston Texas 77079 www.sasolnorthamerica.com#