Charkit Chemical Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Ave., S.E Pipeline and Hazardous of Transportation Washington. DC 20590 Administration Materials Safety SEP 24 2007 Regulatory Compliance Manager Mr. Steve J. Catania Reference No. 07-0160 32 Haviland Street Charkit Chemical Corporation P.O. Box 90 South Norwalk, CT 06853 Dear Mr. Catania: This is in response to your August 6, 2007 letter and August 28, 2007 telephone conversation amounts up to 200 grams (0.44 pounds). You ask what exceptions may be used to transport with a member of my staff concerning Class 3 (flammable) liquids placed in packagings in these materials by motor vehicle and aircraft under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). According to your letter, the materials meet the definition of Class 3 material in Packing Group II or III, are used for the research and development of new fragrances and products, and do not meet the definition of another hazard class, a hazardous waste, hazardous substance, or marine pollutant. The HMR provide a number of exceptions for the transportation of Class 3 materials, materials may be transported in accordance with the small quantity exception in § 173.4, the depending on their flashpoint and how they are packaged and transported. Specifically, Class 3 materials of trade exception in § 173.6, or the limited quantity exception in § 173.150. In addition, certain Class 3 materials may be re-classed as combustible liquids. These exceptions are explained in detail below. Small Quantity Exception Under the small quantity exception prescribed in § 173.4, high-integrity packagings containing small amounts of hazardous materials that are packaged as specified are not subject to regulation under the HMR. Class 3 materials that qualify for this exception meet Packing iquid full at 55 °C (131 °F) and must have removable closures held securely in place with wire 1 ounce) that are placed in strong outside packagings. The inner packagings must not b completed package must not exceed 29 kg (64 pounds). A shipper certifies the package prescribed in § 173.4(a)(6) from a height of 1.8 meters (5.9 feet). The gross mass of the 173.4 173.6 070160 173.150#

Page 2complies with the small quantity exception by marking the outside of the package with the transportation by aircraft, § 173.4(a)(11) requires that the hazardous materials in these packages statement "This package conforms to 49 CFR 173.4." When offered or intended for must be authorized for transport on board passenger-carrying aircraft. Carriage of the hazardous material in checked or carry-on baggage is not authorized. Materials of Trade Exception on a motor vehicle: (1) to protect the health and safety of the operator or passengers; (2) to A material of trade (MOT) is a hazardous material, other than a hazardous waste, that is carried (3) by a private motor carrier in direct support of a principal business that is other than support the operation of maintenance of the motor vehicle, including its auxiliary equipment; or transportation by motor vehicle. See § 171.8. For the Class 3 materials you described, you may utilize the MOTs exception provided the materials are packaged in the manufacturer's original packaging or a packaging of equal or greater strength and integrity that is leak proof for liquids, securely closed, secured against shifting, and protected from damage. Receptacles, such as cans and bottles, containing MOTs do not require outer packagings if the receptacles are secured against shifting in cages, carts, bins, boxes, or compartments. Non-bulk packagings material it contains, including the letters "RQ" if it contains the reportable quantity of a must be marked with a common name or proper shipping name that identifies the hazardous hazardous substance. The carrier must be informed of the presence of the hazardous material and the requirements contained in § 173.6. The gross mass or capacity of the packaging must not exceed 30 kg (66 pounds) or 30 L (8 gallons). The aggregate gross weight of most MOTs on a motor vehicle may not exceed 200 kg (440 pounds), and may be transported in the same vehicle with other hazardous materials without affecting its eligibility as a MOT. Limited Quantity Exception A limited quantity is the maximum amount of a hazardous material for which there is a specific labeling and packaging exception under the HMR. See § 171.8. Section § 173.150(b) authorizes Class 3 materials meeting Packing Groups II and III to be transported as a limited quantity when placed in inner packagings up to 1 L (0.3 gallons) and 5 L (1.3 gallons), respectively, in strong outer packagings that weigh up to but do not exceed 30 kg (66 pounds). When complete, the package must conform to the general packaging requirements prescribed in §§ 173.24 and 173.24a. When transported by aircraft, the Class 3 material must be authorized for transport on board passenger-carrying aircraft, and the package must conform to the general requirements for transportation by aircraft prescribed § 173.27. Limited quantity packages are excepted from labeling, unless transported by aircraft, and placarding, as prescribed in Subparts E and F of Part 172. Combustible Liquid Exception A combustible liquid is a liquid that does not meet the definition of any other hazard class and has a flash point above 60 °C (140 °F) and below 93 °C (200 °F). In addition, a flammable liquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. See § 173.120(b). Under 2#

Page 3§ 173.150(f)(2), when not transported by vessel or aircraft, a combustible liquid that is not a placed in a non-bulk package (i.e., a package with a maximum capacity of 450 L (119 gallons) hazardous substance, hazardous waste, or marine pollutant is not subject to the HMR when or a maximum net mass of 400 kg (1,000 pounds)). You mentioned that many of the air carriers your company uses prefer to use the International do not have official standing under the HMR. The regulations recognized by the HMR and Air Transport Association's (IATA's) Dangerous Goods Regulations. The IATA regulations authorized in § 171.11 as an alternative to the HMR for transporting hazardous materials by aircraft are the International Civil Aviation Organization's (ICAO's) Technical Instructions for the Transport of Dangerous Goods by Air (Technical Instructions). A hazardous material classed, packaged, marked, labeled, described and certified on a shipping paper in accordance and through the United States by aircraft provided it also conforms to the requirements with the ICAO Technical Instructions may be offered and accepted for transportation withir prescribed in the HMR for small quantities and limited quantities under Sections 2.4 and 2.5. prescribed in § 171.11. The ICAO Technical Instructions provide similar exceptions to those respectively, but do not prescribe requirements for combustible liquids or MOTs. I hope this satisfies your request. Sincerely Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 4kamonson Charkit Chemical Corporation . $173.22 32 Haviland Street, P.O. Box 90, South Norwalk, CT 06854 203-299-3220 • Fax: 203-299-1355 3173.6 www.charkit.com • e-mail: sales@charkit.com Applicabilt 17 - 0160 August 6, 2007 Mr. Edward T. Mazzullo Director, Office of Hazardous Materials Standards U.S. DOT/PHMSA (PHH-10) 2"d Floor 1200 New Jersey Avenue, SE East Building Washington, DC 20590 Dear Mr. Edward T. Mazzullo: hazardous material in a motor vehicle (automobile) in quantities less than 200 grams. I am writing to your office for an official interpretation regarding the transportation of a As I am fully aware of the requirements of transporting hazardous materials, I am uncertain of the requirement when hazardous materials are transported in such small regulated by DOT and if so can you provide the specific regulation in 49 CFR? In quantities. Are shipments of hazardous materials in quantities less than 200 grams addition. can you provide the requirements necessary to transport this small quantity (if applicable)? Lastly, is it permissible to transport this quantity by automobile and if so please advise the requirements? I look forward to receiving your interpretation and if you have any questions regarding my request, please feel free to contact me at 203-299-3262. Sincerely, M. .... - Regulatory Compliance Manager CHARKIT CHEMICAL CORPORATION#