EHS Associates, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 Mr. Daniel J . Young President EHS Associates. Inc. 330 1 Bentwillow Drive Fuquay-Varina, NC 27526 Ref. No. 08-0185 Dear Mr. Young: This responds to your letter regarding the approval of explosives under the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1- 180). Specifically, you ask whether your client's product (surge arresters) containing a small amount (2.8 grams) of a Division 5.1, Packing Group I1 hazardous material (potassium chlorate). is excepted from the explosive approval process prescribed in 8 173.56. Additionally, it is your understanding that the negligible risk posed by your client's product in transportation should except it from the HMR under the conditions described in your letter. Under 173.56(i) of the HMR, the Associate Administrator for Hazardous Materials Safety may specify a classification or except an explosive material from the requirements of the HMR. We agree with your client's assessment that because there is no explosion when the surge arrester is activated, and the surge arrester can only be activated by a high-level of predetermined electric current. the product is not subject to the explosive approval and classification process under 9 173.56. We find, however, that your client's product would more appropriately be described as "Dangerous goods in apparatus, Class 9, UN3363," and packaged in accordance with $ 173.222. Under Special provision 136 assigned to the entry "Dangerous goods in apparatus," in column 7 of the Hazardous Materials Table, the small quantity of potassium chlorate (2.8 rams) in each surge arrester qualifies for the small quantity exceptions found in 3 173.4 and. when packaged in accordance with $ 173.222, is excepted from the HMR. [ tnlst this satisfies your inquiry. Please contact us if we can be of further assistance. Sincerely, Director Office of Hazardous Materials Standards#

Page 2ve vevls EHS ASSOCIATES, INC. 3 17 3 5 6 3301 Bentwillow Drive, Fuquay- Varitia, NC 27526 (919) 552-6978 May 7,2009 Mr. Paul Shelton Office of Hazardous Materials Safety PHH-32 Pipeline and Hazardous Materials Safety Administration U.S Department of Transportation 1200 New Jersey Avenue SE Washington, DC 20590 Dear Mr. Shelter,: I represent a client who would like to obtain PHMSA,authorization, or approval under 49 CFR 173.56 if necessary, to ship surge arresters that contain 2.8 grams of potassium chlorate as DOT non-regulated devices without restrictions. We believe that the devices are not capable of posing an unreasonable risk to health, safety and property when transported in commerce. The surge arresters contain a disconnector which holds 2.8 grams of potassium chlorate. The potassium chlorate is located inside a sealed plastic housing which prevents moisture from entering the device and surrounds a resistor within the disconnector. If the surge arrester develops an internal fault when it is installed on an electrical power line and the current level flowing through the surge arrester/disconnector arrangement exceeds a design threshold, the potassium chlorate powder is heated by the resistor and expands. The resistor concentrates the heat from the high fault current on the power line and causes the potassium chlorate to rapidly expand and release gases at a temperature of about 300°C. The gases rupture the plastic housing around the device, separating the top and bottom end fittings of the disconnector and electrically disconnects the faulted surge arrester from the power line so that power is restored quickly to the affected customers. The only known way that the disconnector activates is by passing a high electrical current through the device. There is no risk of the device activating during a transportation or handling accident or fire. My client has tested the device by placing it in a fire next to a traditional cartridge-type disconnector that contains a gunpowder charge (see enclosed DVD). The surge arrester on the left in the Test 1 and Test 2 videos is manufactured by Cooper Power Systems (Cooper Arrester with AV 144Y Isolator and Restraint). This surge arrester is subject to a DOT approval which allows the firm to ship the devices as "Not Regulated." The surge arrester on the right in the Test 1 and Test 2 videos is the surge arrester manufactured by my client. The Cooper Power Systems surge arrester explodes in the fire with a sound level of about 99 - 105 dBA being recorded at a distance of 20 feet for the samples that were tested.#

Page 3My client's surge arrester does not explode, but at a temperature of 160 - 1 70°C, the plastic housing melts and only a fizzing sound is heard (see Test 3 video). As there is no explosion, we believe that the device can be safely shipped via all modes of transportation in the United States without restrictions or restraints. The surge arresters would be cushioned, packaged and shipped in strong outside packagings. I would like to receive a letter of authorization or interpretation from PHMSA indicating that the surge arrester that I have described may be skipped within the United States via all modes of transportation without restrictions. Please contact me at (919) 552-6878 or at EHSDan521@aol.com if you need further information about this request. Thank you for your assistance with this question. Sincerely, (9&%4&/4, yu\Pd,& Daniel J. Young President Page 2#