Thermo Fisher Scientific — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration APR 1 5 2009 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. 09-0069 Dear Mr. Sanders: This responds to your February 19,2009 email requesting clarification of the classification and description of your 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 >99.0 % methanol and less than <1 .O% 2,4- Dinitrophenol as "UN1230, Methanol solution, 3, II" and whether the product is eligible for small quantities exceptions. Under 5 173.22, it is the shipper's responsibility to class a hazardous material. This Office does not normally perform this fbnction. 2,4-Dinitrophenol 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 your solution of <1 .O% Dinitrophenol (UN0076) is sufficiently diluted so that it is not regulated as a Class 1 explosive or as a Class 3 desensitized explosive nor is it regulated as a Division 6.1 poisonous material. Therefore, "UN1230, Methanol, 3,II" is appropriate to describe your product and the product would be eligible for small quantity exceptions under 173.4. 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 5 172.101 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.#

Page 2Transport classification verification requested Der Krndevw Page 1 of 2 Drakeford, Carolyn cPHMSA> - * - - - * - - - - " - * -**."--* ---- " - - .. - - " -- From: Gorsky, Susan <PHMSA> ofl Sent: Friday, February 20, 2009 9:36 AIM To: Drakeford, Carolyn <PHMSA> Subject: FW: Transport classification verification requested Attachments: Ultra Sci EPAI 114.pdf Carolyn, Please enter this as an interpretation request. Thanks. Susan From: Sanders, Gene [mailto:gene.sanders@thermofisher.com] Sent: Thursday, February 19, 2009 3:55 PM To: Watson, Spencer cPHMSA>; Gorsky, Susan <PHMSA> Cc: Mayfield, John Subject: Transport classification verification requested Dr. Watson and IVls. Gorsky, Thermo Fisher Scientific has a supplier's product 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 HIVIR, we are requesting your review of our classification. The product, supplied by Ultra Scientific (MSDS attached, referenced as EPA-1114), has less than 1 % of 2,4-Dinitrophenol, in greater than 99% Methanol. There are three Dinitrophenol Proper Shipping Names listed in the Hazardous Materials Table, but none seem applicable. UN0076, Dinitrophenol, dry, isn't appropriate because it isn't dry. UN0076, Dinitrophenol, wetted (with less than 15% water), isn't appropriate because there isn't any water in the product. UN1320, Dinitrophenol, wetted (with more than 15% water), isn't appropriate because there's no water UN1599, Dinitrophenol solutions, isn't appropriate because it doesn't describe the flammability hazard. It seems quite likely that the 99+% Methanol has desensitized the 2,4-Dinitrophenol, especially when compared to the 15% water needed to achieve that task. And at less than 1%, the toxicity contribution of the 2,4- Dinitrophenol to the overall hazards of the product would be negligible (the 30 mglkg oral rat LD50 for the pure material would be diluted to >3,000 mglkg calculated LD50). So, we propose using a classification of UN1230, Methanol solution, 3, 11. And if packaged and marked properly, we believe this product would be eligible for the relief granted in the 49CFR 173.4(a) exception. Do you agree with these conclusions? Thank you. Cheers, Gene Sanders, DGSA Senior Dangerous Goods Transportation Specialist#

Page 3Transport classification verification requested Page 2 of 2 Thermo Fisher Scientific, Customer Channels Group 2000 Park Lane Pittsburgh, Pa. 15275 USA Gene.Sanders@ThermoFisher.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. <<Ultra Sci EPAI 114.pdf>>#

Page 4Ultra Scientific - Material Safety Data Sheet Page 1 of 2 Material Safety Data Sheet ULTRA Scientific. 250 Smith Street - North Kingstown, RI, USA 02852 - 401-294-9400 Product #: EPA-1114 Last Update: 1111412006 Section I Product Identification Name: 2,4-Dinitrophenol Solution Solvent : methanol (methyl alcohol) Section II Composition I Information on Ingredients Component C AS# % b y Wt. LD50 OSHA PEL ACGlH TLV RTECS # Codes methanol 000067-56-1 99.36789 12900 mglkg oral mouse 200 ppm 200 ppm PC1400000 G 2,4-dinitrophenol 000051-28-5 0.6321 1 30 mglkg oral rat NIA NIA SL2800000 G Codes: A-OSHA regulated carcinogen; B-IARC Group 1 carctnogen; C-IARC Group 2A carcinogen; D-IARC Group 28 carcinogen; E-NTP Group 1 carcinogen; F-NTP Group 2 carcinogen; G-SARA Title Ill compound; H-California Proposition 65 compound. Section Ill Hazards Identification Toxic; irritant All chemicals should be considered hazardous - direct physical contact should be avoided. Section IV First Aid Measures Inhalation: If inhaled, remove to fresh air. Give oxygen, if necessary. Contact a physician. Skin In case of skin contact, flush with copious amounts of water. Remove contaminated clothing. Contact: Contact a physician. In case of eye contact, flush with copious amounts of water, lifting eyelids occasionally. Contact a Eye Contact: physician, Ingestion: If ingested, contact poison center immediately for recommended procedure. Contact a physician. Section V Fire Fighting Measures Fire and Explosion Hazard Data for Solvent Fire Hazard: flammable Extinguishing Media: Carbon dioxide, dry chemical powder, or water spray. Section VI Accidental Release Measures Ventilate area of the leak or spill. Wear appropriate personal protective equipment as specified in Section VIII. A leaking bottle, vial, or ampule may be placed in a plastic bag, and normal disposal procedures followed. Take up spilled material with sand or other non-combustible absorbant material, and place in an appropriate container for later disposal. Flush spill area with water. Section VII Handling and Storage May be stored at room temperature Keep in a tightly closed container, and store in a corrosion proof area. This product should only be used by persons trained in the safe handling of hazardous chemicals. Section Vlll Exposure Controls I Personal Protection Ensure that there is adequate ventilation to prevent airborne levels from exceeding recommended exposure limits (see Section 11). Use appropriate MSHAINIOSH approved safety equipment. Wear chemical goggles, face shield, gloves, and chemical resistant clothing, such as a laboratory coat andlor a rubber apron, to prevent contact with eyes, skin, and clothing. Section IX Physical and Chemical Properties#

Page 5Ultra Scientific - Material Safety Data Sheet Page 2 of 2 Physical Data for Solvent Melting Pt.: -98°C Boiling Pt.: 64.8"C Density: 0.791 Vapor Pressure: 100 mmHg @ 21.2"C Vapor Density: 1 .I Water Solubility: soluble Appearance: colorless liquid Odor: NIA Flash Point: 52°F Auto-Ignition Temperature: 725°F LEL: 6.7 UEC: 36 Section X Stability and Reactivity Reactivity Data for Solvent Stability: stable Incompatibilities: strong oxidizers Hazardous Decomposition Products: NIA Hazardous Effects of Polymerization: none Section XI Toxicological Information See Section II for specific toxicological information for the ingredients of this product. Section XI1 Ecological Information No information is available. Section Xlll Disposal Considerations Recycle, if possible. Any material which cannot be saved for recovery or recycling should be disposed of at an appropriate and approved waste disposal facility. Processing, use, andlor contamination of this product may change waste management requirements. Observe all applicable federal, state, and local environmental regulations concerning disposal. Section XIV Transport lnformation Shipment Type: Chemical Kits LIN Number: UN3316 Shipping Class: 9 Packing Group: NIA Section XV Regulatory Information EU Directives Classification R: 1 1-23124125-39123124125 Risk Statements: Highly flammable. Toxic by inhalation, in contact with skin and if swallowed. Toxic: danger of very serious irreversible effects through inhalation, in contact with skin and if swallowed. S: 7-16-36137-45 Safety Statements: Keep container tightly closed. Keep away from sources of ignition -- No smoking. Wear suitable protective clothing and gloves. In case of accident or if you feel unwell, seek medical advice immediately (show the label where possible). Section XVI Other lnformation The above information is believed to be correct, but does not purport to be all-inclusive. This data should be used only as a guide in handling this material. ULTRA Scientific, Inc., shall not be held liable for any damage resulting from handling or from contact with the above product. Copyright O 2001 - 2007 by ULTRA Scientific, Inc.#