Berger Brothers, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration OCT 2 3 2?98 1200 New Jersey Avenue, SE Washington. D.C. 20590 Mr. Kurt Knaack President Berger Brothers, Inc. 1 1 76 N. Cherry Avenue Chicago, IL 60622 Ref. No.: 08-0 169 Dear Mr. Knaack: This responds to your letter regarding the applicability of training requirements of Subpart H of Part 172 of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) to shipments of charcoal reclassed as Consumer commodity. ORM-D. According to your letter, Berger Brothers, Inc., a distributor of charcoal, received a Notice of Probable Violation for failure to meet the training requirements in Subpart H of Part 172 of the HMR. You state that your company receives the charcoal already packaged and the product is stored in your warehouse and distributed to various stores and industrial companies. Your supplier advised you that based on test results conducted in 2006, charcoal is not regulated as a hazardous material. You ask if your supplier is correct that charcoal is not regulated as a hazardous material. Provided the tests conducted in 2006 indicate or prove that your supplier's product (charcoal) is not a hazardous material in accordance with any of the classification criteria (e.g., for Class 4) in the HMR, it is not subject to the requirements of HMR and not regulated for purposes of transportation in commerce. If this is the situation, the charcoal should not be described as a Consumer commodity, ORM-D. Therefore, a shipper would not be required to comply with the training provisions contained in Subpart H of Part 172. I hope this information is helpfui. (202) 366-8553. If we can be of further assistance, please contact us on Sincerely, Acting Chief, Standards Development Office of Hazardous R4aterials Standards#

Page 2Telephone (312) 642-4238 1176 N. CHERRY AVENUE CHICAGO, IL 60622 U. S. Department of Transportation 2300 E. Devon Ave. Suite 478 Des Plaines, I1 6001 8 Re: Notice of Probable Violations: Report Control # 08432 To Whom It May Concern: Is letter is in response to Berger Brothers, Inc. notice of Probable Violations. Robert Quillinan from above offices, wrote up report of Probable Violation. He stated charcoal is a hazardous material, and anyone handling charcoal must be trained how to handle hazardous materials. Berger Brothers, Inc. is a distributor of charcoal. Product comes to us already packaged, we warehouse and distribute to Hardware stores, liquor and grocery stores, and other industrial companies. The manufacturer, Royal Oak Interprises, LLC, offices located in Roswell, GA., btates"their charcoal products are non hazardous. Charcoal is classed as COMSUMER COMMODITY ORM-D per Code of Federal Regulations 49CFR 173.15 1 (c). The ORM-D Classification does not require and is exempt from shipping paper, label, and placard requirements. Therefore, the Emergency Response Information does not apply to shipments of charcoal and charcoal lighter fluid per Code of Federal " . Regulations 49DFR172.600(d). With this information from manufacturer, I assumed we did not have hazardous product, and no further training in hazardous materials was needed, due to charcoal not needing any hazardous labeling. As per conversation with Robert Quillinan that day, I have since purchased: Hazardous Materials Transportation Training Modules. I just received CD in mail, and have completed Module 1 , test summary attached, Upon completion of testing, I will follow up with other employees. All of our shipments have been going out with info on bill of ladings: No placards required, ORM-D, Comsumer Commodity 49CFR 173.15 1 (c), 173.150( c ) , 172.600 (d) Chemtrec 800-424-9300 The same info on shipments from manufacturer to us. - INDUSTRIAL CHARCOAL - ESTABLISHED 1880 CHARCOAL BRIQUETS#

Page 3Charcoal we distribute can be eaten, its used to have people swallow to rid overdoses from people's stomach, its used as a soil sweetener to promote growth, its used in dog food and bones for carbon needed in their diets, its used in filtering contaminates from water in paper mills, digestive aid in animal feed, and of course, cooking on your outdoor grill. I hope upon your review, Berger Brothers, Inc., is correcting the problem Mr. Quillinan states in his report. We believe we were handling a non hazardous material, and no further training was needed. Training is now in progress. Attached is a letter from ROYAL OAK ENTERPRISES,LLC, that I received today. They state thru tests in 2006, the results allowed them to remove the "Consumer ORM- D" status from their products, therefore, they are not hazmat regulated for transportation. Could someone at DOT inform me what I am to do? Kurt M. Knaack President Berger Brothers, Inc. 1 176 N. Cherry Ave. Chicago, IL 60622 3 12-642-4238#

Page 4Print Page 1 of 1 From: Ralph Carroll (rcarroll@royal-oak.com) To: bergerbros2@sbcglobal.net Date: Friday, June 13,2008 12: 16:23 PM Cc: Brian Bergen Subject: Classification of charcoal and Lighter Fluid Dear Mr. Knaack, I understand that an inspector from the DOT visited your facility and highlighted probable violations with your companies handling of charcoal and lighter fluid. I am responding to give you information so that you may respond to them. Charcoal and lighter fluid were previously classified as "Consumer OW-D" which meant that it had specific guidelines to follow. In 2006, Royal Oak had its product tested for self heating according to UN and DOT requirements. The test results allowed us to remove the "Consumer ORM-D" status from our products and therefore, they are not hazmat regulated for transportation. Please let me know if you need any additional information. Best Regards Ralph Carroll Logistics Manager Royal Oak Enterprises LLC One Royal Oak Ave. Roswell, GA 30076 P - 678-461-3200 x 3352 F - 678-461-3234 Rcarroll@,royal-oak.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, please contact the sender and delete/destroy all copies of this email and any related attachments. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of the company. The recipient should check this email and any attachments for the presence of viruses. The company accepts no liability for any damage caused by any virus transmitted by this email.#

Page 5Print Page 1 of 1 From: hazreg@volpe.dot.gov (hazreg@volpe.dot.gov) To: BERGERBROS2@SBCGLOBAL.NET Date: Friday, May 16, 2008 10:50:09 AM Subject: Order Confirmation: Office of Hazardous Materials Safety - Training and Publication This will confirm that you submitted an order over the Internet to the Hazmat Training Materials and Publications On-Line service of the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Hazardous Materials Safety on 5/16/2008. Order 73227 Summary Publication Price Qty Total Amount - HAZMAT TRANSPORTATION TRAINING MODULES 5.1 $25.00 1 $25.00 Order Reference Number: 48951 Order Number: 73227 Amount Paid: $25 Credit/Debit Card Number: ************4695 Name on Credit/Debit Card: KURT MICHAEL KNAACK Thank you for ordering online. Office of Hazardous Material Safety U.S. Department of Transportation 202-366-2301 Itallon 6017 milanhan =11 chano#

Page 6vale 1 - 1 est summary Page 1 of 2 518/06 fuTa Module 1 - Test Summary You have completed the Module 1 Test. You answered 24 questions correctly out of the 25 to presented, for a score of 96 percent correct. Shown here is your level of proficiency on each of the 4 learning objectives, expressed as a p 92% Identify information about a particular hazardous material, such as the hazard class or number, packing group, label codes, and other special provisions from the Hazardous Table. (13 questions evaluate this objective.) 95% Apply your understanding of the Hazardous Materials Table to identify the proper ship! for a hazardous material and the basic description for a shipment of that hazardous m: questions evaluate this objective.) 100% Define a hazardous substance and indicate the reportable quantities of that hazardous from the information provided in Table 1 and Table 2 to Appendix A of the Hazardous Table. (6 questions evaluate this objective.) 100% Identify marine pollutants and severe marine pollutants using Appendix B of the Hazar Materials Table. (4 questions evaluate this objective.) Listed below are the questions from the Module 1 Test. The questions that you answered corr marked with a green checkmark (V), while those questions that you answered incorrectly are with a red X (X). Question #1 Which of these tables are important resources for the hazmat employee: be able to successfully complete their packaging, marking, labeling, and hazardous materials responșibilities? Question #2 "Dichlone" in a one-pound (net weight) package is regulated as a X Question #3 The packaging requirements for the proper shipping name "Flammable s inorganic, n.o.s., 4.1, UN3178, PGIl" are found in of the t Question #4 When determining the basic description for "Compressed gas, toxic, n.o.: Hazard Zone A", what is the correct hazard class or division that should ! Question #5 The "+" sign in Column 1 of the HMT Question #6 Copra is regulated when transported by Question #7 The hazard class or division for "Rags, oily" is Question #8 What is the packing group for Ethyl chloroacetate? Question #9 The bulk packaging authorization requirements for "Nitrous axide" is four Question #10 The proper shipping name for a hazardous material is found in the HMT. fila./M.llanr pinninano#

Page 7Module 1 - Test Summary Page 2 of 2 Question #11| A shipment of "Ammonium acetate" with an aggregate gross weight of 7, is regulated as a Question #12 What is the identification number for Cotton, from the HMT? Question #13 The letter "W" in Column 1 of the HMT means the entry regulates the offi transport or transportation of the material , unless the mat hazardous substance or hazardous waste. Question #14 The packaging exceptions for the proper shipping name " Ferric nitrate" : of the HMT. Question #15 A 110-pound (net weight) package of "Aluminum phosphide" is regulated Question #16 What is the proper shipping name for "Sodium hypochlorite, solution"? Question #17 The hazardous material "Boron tribromide, UN2692" is forbidden to be tr: mode(s) of transportation. Question #18 A ten-pound package of "Fluorine" is regulated as a hazardous substanc _mode(s) of transportation. Question #19 Which of these proper shipping names is an acceptable alternative for th shipping name "Petroleum gases, liquefied"? Question #20 What do the letters "RQ" represent, that are displayed in Table 1 to Appe HMT? Question #21 The hazard class or division for the proper shipping name "Cartridges, sr Question #22 Which of these four marine pollutants is NOT classified as a Severe Mari Pollutant? Question #23 If a liquid marine pollutant is not listed by name in the §172: 101 Hazardo Table, then it must be offered for transportation on the shipping paper as Question #24 The substances DDT, EPN; and PCBs all have what in common? Question #25 What is the identification number for the proper shipping name "Nicotine'#

Page 8STRAIGHT BILL OF LADING-SHORT FORM NOT NEGOTIABLE SHIPPER'S NO. 044082937 CARRIER ESTES EXPRESS LINES RECEIVED, SUBJECT TO INDIVIDUALLY DETERNINED RATES OR CONTRACTS THAT HAVE BEEN AGREED UPON IN SRITING BETUEEN THE CARRTER AND SHIPPER, IF APPLICABLE, OTKEXMISE TO THE RATES, CLASSIFICATIONS CARRIER'S NO. AND RULES TRAT HAVE BEEM ESTARLISNEO BY INE CARRIER AND ARE AVÁTLABLE TO THE SHIPPER, ON REQUEST. AT SALEM, MO 65560 DATE :06/02/2008 FROM ROYAL OAK ENTERPRISES, LLC DESTINATION. IT IS NUTUALLY ABREED, THAT SVERY SERVICE TO BE PERFORMED HEREUNDER SHALL BE SURJECT 70 ALL THE TERNS AND CONDITIONS OF THE UNIFORM BILL OF LADINS IM APPARENT GOOD ORDER, EXCEPT AS NOTED (CONTENTS AND SONDITION OF CONTENTS OF PACKAGES UNKNONN) NARKED, CONSIGHED, • SET FORTA IM THE MATIOMAL KOTOR FREIGHT CLASSIFICATION. WHICH SAID CARRIER AGREES TO CAREY TO SHIPPER AND ACCEPIED FOR HIN/WERSELF AND HIS/HER ASSISIS. THE SHIPPER HEREBY CERTIFLES THAT RE/SHE IS FAMILIAR BITH ALL THE TERNS ATO CONDYTIONS OF THE SAID BILL DF LADING, INCLUDINS THOSE ON THE BACK THEREOF, AND THE SAID TEAMS AND CONDITIONS ARE HEREBY ARTEED ID BY THE CONSIGNED TO: (CITY,STATE, ZIP) CUSTOMER ORDER NO. CHARCOAL SUPPLY, CHICAGO SÁMPLES: 031810 ORDER NUMBER 1176 N. CHERRY AVENUE NMFC 42470 SUB 2 42480 CLASS 77.5 V03399 77.5 CHICAGO IL 60622 ROUTE: SEALS FOL: APPLICABLE BILL OF LADINO. IF THIS SUBJECT TO SECTION 7 OF THE CONDITIONS CAR NO: ITRAILER NO. 537351 CUNSISHEE WITHOUT REEOSASE DM THE SILIPMENT IS TO KE DELIVERED TO THE CONSUMER COMMODITY ORM-D, NO SHIPPING PAPER, LABELS, OR PLACARDS REQUIRED. 49CFR173.151(C), 173.150(C),172.600(D) FULLONING STATEMENT. CONSIGNOR, THE CONSIGNOR SHALL SIGN THE MURER 05 FOR : EMERGENCY RESPONSE INFORMATION CALL: CHEMTREC 1-800-424-9300 THIS BKIPKENT WITKOUT. PAYNENT OF FREIGHT THE CARRIER SHALL KOT MAKE DELIVERY OF PALLETS, UMBER OF PACKAGES COMMODITY BRAND MAME SIZE WEIGHT ALID ALL OTRER LANFUL CHARGES. 0 56 CHARCOAL -BRIQUETS CHARCOAL-BRIQUETS CHEF'S SELECT ROYAL DAK 1/18 1/20 1036 105 144 -70 CHARCOAL - BRIQUETS CHARCOAL-WOOD(LUMP) ROYAL OAK LUMP OLD HICKORY 1/20 1/20 ·3024 (SIGNATURE OF CONSIGNOR: 1 1470 CHARCOAL-WOOD(LUMP) BIG GREEN EGG 1/20 105 FREIGHT CHARGES ARE: PREPAID SHIPPER: PERMANENT ADORESS; ON PREPAID SHIPMENTS BILL CRANGES TO ROYAL DAK ENT. 1 ROYAL OAK AVE ROSWELL, GA. 30076 (678) 461-3200 SPECIAL INSTRUCTIONS MASON HOTIFY SKIPPER AT ONCE. IF THIS FRETENT IS DELAYED FOR LEN TOTAL WEIGHT OF COMMODITY 5740 TOTAL WEIGHT OF PALLETS 490 7 280 TOTAL WEIGHT OF SHIPMENT CUSTOMER PICK UP 6230 SIGNATURE THE CONTENTS OF THIS LOAD HAVE BEEN BELOW CERTIFICATION THAT CUSTOMER RECEIVES USED PALLETS VANED RATERIALS ARE PEOPERLY CLASSIFIED. THIS IS TO CERTIFY THAT THE AROVE CESCATRED, PACKARKO, MARKED AND LABELED VERIFIED AND ON THIS BILL OF LADING. AGREES WITH THOSE SHOWN NORTATION ACCORDINA TO TRE APPLICARLE IND ARE IN PROPER CONDITION FOR TRANS SIGNED •N/A JERULATIDNS OF THE U.S, DEPARTNENT OF DATED ¡RANSPORTATION AND THE CAMADIAN TRANSPORY COMMISSION.#