Mr. Gene Sanders — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave. S.E. Washington, D.C. 20590 Mr. Gene Sanders, DGSA Senior Dangerous Good Transportation Specialist Thermo Fisher Scientific 2000 Park Lane Pittsburgh, PA 15275 Ref. No. 09-0056 Dear Mr. Sanders: This responds to your March 13,2009 email requesting clarification of the classification and description of a product under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -1 80). Specifically, you request confirmation that you appropriately class and describe a solution of 99.9% acetone and 0.1% picric acid (trinitrophenol) as "UN1090, Acetone solution, 3,II" and whether the product is eligible for limited quantity exceptions. Under 5 173.22, it is the shipper's responsibility to class and describe a hazardous material. This Office does not normally perform this function. Picric acid (UN0154) is explosive when dry and requires approval from the Associate Administration prior to transport of the material. However, it is the opinion of this Office that a 0.1 % concentration of picric acid is sufficiently diluted in solution so that the solution is not regulated as a Class 1 explosive or as a Class 3 desensitized explosive liquid. Therefore, "UN1090, Acetone, 3,II" is appropriate to describe the product and the product would be eligible for limited quantity exceptions under 5 173.150. We note that the qualifying word "solution" must not be added to the proper shipping name. For purposes of the HMR, use of the qualifying word applies to a solution comprised of a hazardous material identified in the 5 172.10 1 Hazardous Materials Table (HMT) and a non-hazardous material. I hope this information is helpful. If you have further questions, please do not hesitate to contact this Office. tandards Development Office of Hazardous Materials Standards#

Page 2Classification review requested. Page 1 of 1 gilil. ror 4173~150. a Drakeford, Carolyn cPHMSA> - .--* -- - - "- ---.--- * -e -.*"-- - ----*- --- -- --"--- %" -.- C I ~55if'!Ibifafi- - - --- From: Gorsky, Susan <PHMSA> Sent: Friday, March 13, 2009 10:14 AM To: Drakeford, Carolyn <PHMSA> Subject: FW: Classification review requested Attachments: R58611000msds.pdf Dr. Watson and Ms. Gorsky, Thermo Fisher Scientific has a product from a supplier in one of our warehouses that we'd like to re-ship to a customer. Since re-shippers are independently responsible for compliance with the HMR, we are requesting your review of our classification of this product. The product, supplied by Ricca Chemical Company (MSDS attached, Thermo Fisher # NC9822307, Ricca # R58611 OOO), has 0.1 % of Picric Acid (Trinitrophenol), in 99.9% Acetone. Based upon the HazMat Table Trinitrophenol entries, and upon a number of existing interpretations that indicate Picric Acid at this concentration has been adequately desensitized in a variety of solvents, we believe the Picric Acid in this product has also been desensitized So, we propose using a classification of UN1090, Acetone Solution, 3, 11. And if packaged and marked properly, we believe 500 mL of this product would be eligible for the Limited Quantity relief granted in the 49CFR 173.150(b) exception. Do you agree with these conclusions? Thank you. Cheers, Gene Sanders, DGSA Senior Dangerous Goods Transportation Specialist Thermo Fisher Scientific, Customer Channels Group 2000 Park Lane Pittsburgh, Pa. 15275 USA Gene.Sanders@-rhermoFisher.com 4121490-8934, cell 4121498-2458, fax 4121490-8930 www.thermofisher.com The world leader in serving science WORLDWIDE CONFIDENTIALITY NOTE (Optional): Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent of a system responsible for delivering the message to the intended recipient, is prohibited. If you are not the intended recipient, please inform the sender and delete all copies.#

Page 3B!!L:fi - COMPANY MSDS For RICCA, SpectroPure, Red Bird, and Solutions Plus Brands Emergency Contact(24 hr) - CHEMTRECB Domestic: 800-424-9300 International: 703-527-3887 PlCRlC ACID-ACETONE, for Brown & Brinn Material Safety Data Sheet Section 1: Chemical Product and Company Identification Catalog Number: R5861100 Product Identity: PlCRlC ACID-ACETONE, for Brown & Brinn Manufacturer's Name: RlCCA CHEMICAL COMPANY LLC Emergency Contact(24 hr) -- CHEMTRECB Domestic: 800-424-9300 International: 703-527-3887 CAGE Code: 4TCW6,0V553,4XZQ2 Address: 448 West Fork Dr Arlington, TX 76012 1 Date Prepared: 1 10125106 Revision: 0 Telephone Number For Information: 8 1 7-46 1-560 1 Last Revised: I012512006 Date Printed: 03/12/2009 2:12:19 pm Section 2. Composition/Information on Ingredients I I I I I CAS Registry # Component Concentration ACGlH TLV OSHA PEL I. I app. 99.9% I 500 ppm Acetone I 67-64-1 I I0O0 ppm I 11 88 mglm3 2400 mglm3 app 0.1 Oh Not Available Not Available Picric Acid (2,4,6-Trinitrophenol) 88-89-1 Section 3: Hazard Identification Emergency Overview: Flammable liquid. Harmful if swallowed or inhaled. If ingested, vomiting may occur spontaneously, but do not induce. Call a physician immediately. Causes irritation to the eyes, skin and respiratory tract. Wash areas of contact with water. May affect central nervous system. Picric Acid may detonate if allowed to dry completely. Target Organs: eyes, skin, liver, blood, respiratory system, central nervous system. Eye Contact: May cause irritation with burning and stinging with possible damage to the cornea and conjunctiva. Inhalation: Inhalation of vapors irritates the respiratory tract. May cause coughing, dizziness and headache. Exposure to high concentrations can cause depression of the central nervous system with symptoms of sleepiness and lack of concentration. Skin Contact: Results in drying and cracking which can lead to secondary infections and dermatitis. Dermal absorption causes many of the symptoms of inhalation. Ingestion: Swallowing small amounts are not likely to produce harmful effects. Ingestion of larger amounts may produce abdominal pain, nausea and vomiting. Aspiration into lungs can produce severe lung damage and is a medical emergency. Other symptoms are expected to parallel inhalation. Chronic EffectslCarcinogenicity: None IARC - No. NTP - NO. OSHA - NO. Page 1 of 4#

Page 4B!&$$ - COMPANY MSDS For RICCA, SpectroPure, Red Bird, and Solutions Plus Brands Emergency Contact(24 hr) - CHEMTRECB Domestic: 800-424-9300 International: 703-527-3887 PlCRlC ACID-ACETONE, for Brown 8 Brinn Reproductive Information: Reproductive effects cited in 'Registry of Toxic Effects of Chemical Substances' for Acetone. Teratology (Birth Defect) Information: Mutation data cited in 'Registry of Toxic Effects of Chemical Substances' for Picric Acid (2,4,6-Trinitrophenol), Mutation data cited in 'Registry of Toxic Effects of Chemical Substances' for Acetone. Section 4: First Aid Measures - In all cases, seek qualified evaluation. Eye Contact: Irrigate immediately with large quantity of water for at least 15 minutes. Call a physician if irritation develops. Inhalation: Remove to fresh air. Give artificial respiration if necessary. If breathing is dimcult, give oxygen. Call a physician immediately. Skin Contact: Wash areas of contact with soap and water for at least 15 minutes. Call a physician if irritation develops. Ingestion: Aspiration hazard. Do not induce vomiting, vomiting may occur spontaneously. If vomiting occurs, keep head below hips to prevent aspiration into lungs. Call a physician. Section 5: Fire Fighting Measures Flash Point: -18 C Method Used: CC LFL: 2.5% UFL: 12.8% Extinguishing Media: Water, dry chemical, foam, or carbon dioxide. Water spray may be used to keep fire-exposed containers cool. Fire 8 Explosion Hazards: Vapors may produce flash fires. Vapors can flow along surfaces to distant ignition source and flash back. Explosion hazard when exposed to heat, flame or oxidizers. Fire Fighting Instructions: Poisonous gases are produced in fire. Continue to cool containers with water after fire is extinguished. For larger fires, use unmanned hose apparatus, if possible. Consider down wind conditions. Do not release runoff from fire-fighting measures to sewers or waterways. Fire Fighting Equipment: Wear full protective clothing and NIOSH-approved self-contained breathing apparatus with full facepiece operated in the pressure demand or other positive pressure mode. Section 6: Accidental Release Measures Remove all sources of ignition. Contain spill. Absorb in suitable material (vermiculite, dry sand, etc.) for disposal in a RCRA approved waste disposal facility. Ventilate area of spill. Do not flush to sewer. Section 7. Handling and Storage As with all chemicals, wash hands thoroughly after handling. Avoid wntact with eyes and skin. Protect froin freezing and physical damage. Store in secure, flammable storage area away from all sources of ignition. Empty containers may be hazardous since they retain product residues. Use non-sparking tools and equipment. Safety Storage Code: Flammable Section 8: Exposure ControVPersonal Protection Engineering Controls: A system of local and/or general exhaust is recommended to keep employee exposures below the Airborne Exposure Limit. Respiratory Protection: If the TLV is exceeded, a half-mask organic vapor respirator may be worn for up to 10 times the exposure limit or the maximum use concentration specified by the appropriate regulatory agency or respirator supplier, whichever is lowest. A full facepiece organic vapor respirator may be worn for up to 50 times the exposure limit, or the maximum use concentration specified by the respirator supplier, whichever is lowest. Skin Protection: Chemical resistant gloves. Eye Protection: Safety glasses or goggles. Section 9: Physical and Chemical Properties Appearance: Clear, yellow colored liquid Odor: characteristic acetone odor Solubility in Water: Infinite Specific Gravity: Approximately 0.79 pH: Not Available. Boiling PointrC): Approximately 56 Melting Point(%): Approximately -94 Vapor Pressure: 180 at 200C (Acetone) Section 10: Stability and Reactivity Chemical Stability: Stable under normal conditions of use and storage.Very unstable if allowed to dry completely Page 2 of 4#

Page 5R!%fi - COMPANY MSDS For RICCA, SpectroPure, Red Bird, and Solutions Plus Brands Emergency Contact(24 hr) - CHEMTRECG3 Domestic: 800-424-9300 International: 703-527-3887 PlCRlC ACID-ACETONE, for Brown & Brinn Incompatibility: Oxidizers, Nitric Acid-Sulfuric Aid mixtures, Acids, Chromium Trioxide, Sulfuric Acid-Potassium Dichromate, Hydrogen Peroxide, Chloroform and a base, Sodium Hypobromate, heat, sparks, open flame. Hazardous Decomposition Products: Carbon dioxide and carbon monoxide may form when heated to decomposition. Hazardous Polymerization: Will not occur. Section I I. Toxicological Information LD50, Oral, Rat: (Acetone) 5800 mglkg, behavioral affects noted; (Picric Acid) 200 mglkg, behavioral and sense organ (eye) effects noted Section 12. Ecological Information Ecotoxicological Information: Acetone has slight acute and chronic toxicity to aquatic life. Chemical Fate Information: Approximately 50% of Acetone will eventually end up in the air; the rest will end up in later. When released into the soil, this material is expected to readily biodegrade. Section 13. Disposal Considerations Absorb liquid with suitable material. Containerize for proper disposal in an approved RCRA waste facility for burning with an incinerator having an afterburner and scrubber. Always dispose of in accordance with local, state and federal regulations. Section 14. Transport Information Part Numbers: R5861100-4A D.O.T. Shipping Name: Acetone Solution D.O.T. Hazard Class: 3 U.N. I N.A. Number: UN1090 Packing Group: II Section 15. Regulatory ~nformation (Not meant to be all inclusive - selected regulation represented) OSHA Status:These items meet the OSHA Hazard Communication Standard (29 CFR 1910.1200) definition of a hazardous material. TSCA Status:All components of this solution are listed on the TSCA Inventory or are mixtures (hydrates) of items listed on the TSCA Inventory. Sara Title Ill: Section 302 Extremely Hazardous Substances:Not Applicable. Section 3111312 Hazardous Catagories:Acute, Fire: Yes Chronic, Pressure, Reactivity: No Section 313 Toxic Chemicals:Not Applicable. California: None Reported. Pennsylvania: Picric Acid (2,4,6-Trinitrophenol) is listed as an Environmental Hazard on the state's Hazardous Substances List. Acetone is listed as an Environmental Hazard on the state's Hazardous Substances List. RCRA Status: U002 CERCLA Reportable Quantity: Acetone - 5,000 pounds. WHMIS: 8-2: Flammable and Combustible Material. Flammable Liquid. D-2B: Poisonous and Infectious Material. Materials causing other toxic effects - Toxic Material. Section 16. Other Information Page 3 of 4#

Page 6B!&$fi - COMPANY MSDS For RICCA, SpectroPure, Red Bird, and Solutions Plus Brands Emergency Contact(24 hr) - CHEMTRECQ Domestic: 800424-9300 International: 703-527-3887 PlCRlC ACID-ACETONE, for Brown & Brinn NFPA Ratings: Health: 1 Flammability: 3 Reactivity: 0 Special Notice Key:None HMlS Ratings: Health: 1 Flammability: 3 Reactivitv: 0 Protective Equipment:B (Protective Eyewear, Gloves) When handled properly by qualified personnel, the product described herein does not present a significant health or safety hazard. Alteration of its characteristics by concentration, evaporation, addition of other substances, or other means may present hazards not specifically addressed herein and which must be evaluated by the user. The information furnished herein is believed to be accurate and represents the best data currently available to us. No warranty, expressed or implied, is made and RICCA CHEMICAL COMPANY assumes no legal responsibility or liability whatsoever resulting from its use. Page 4 of 4#