Marine Spill Response Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration MAR 30 (OiD 1200 New Jersey Avenue, SE Washington, DC 20590 Mr. Mike Sample Marine Spill Response Corporation 220 Spring Street #500 Herndon, VA 20170 Ref. No. 09-0271 Dear Mr. Sample: This responds to your November 20, 2009 request for clarification concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-185) to your products. Specifically, you request confirmation that your dispersing products are not subject to the HMR. According to your letter, your company transports chemical dispersants, Coreexit 9527 and Coreexit 9500, to use in fighting oil spills. The material safety data sheet (MSDS) for these chemical dispersants indicate that these materials are not regulated under the HMR. The products are transported over the road in ISO tanks. It is your understanding that since they are being used to transport non-hazardous materials, the tanks should riot be subject to the periodic inspection requirements applicable to tanks used for hazardous materials. Section 173.22 requires a shipper to properly class and describe a hazardous material for transportation in commerce. This Office does not perform that function. However, based on the information provided in your letter and the MSDS, it is the opinion ofthis Office that your dispersing products do not meet the definition of a hazardous material and, they are not subject to regulation under the HMR. Packagings used to transport non-hazardous materials are not required to meet HMR requirements. Note, however, that if the portable tank or other packaging used to transport the chemical dispersants is marked to indicate that it meets HMR requirements, the packaging must be maintained in accordance with the HMR or the marking must be removed, covered, or obliterated. I hope this answers your inquiry. If you need further assistance, please contact this Office. Sincerty, A Ul"'~ Charles E. Betts Chief, Standards Development ~e ofHazardous Materials Standards#

Page 2l3ooJ--h -€..~t7L' 10 I Drakeford, Carolyn (PHMSA) c? 11"2.·2...62.. From: INFOCNTR (PHMSA) <;h:pp') f) J -Pa..per~ Sent: Friday, November 20, 2009 4:28 PM To: Drakeford, Carolyn (PHMSA) O~-Ol-ll Subject: FW: Request for Confirming Letter Page 1 ofl From: Mike Sample [mailto:sample@msrc,org] Sent: Friday, November 20,20093:28 PM To: INFOCNTR (PHMSA) Subject: Request for Confirming Letter I am writing to request a letter to confirm a recent discussion between my company, the Marine Spill Response Corporation (MSRC) and a DOT representative in DC. MSRC is an oil spill response company. One of the tools we use to fight oil spills are chemical dispersants which, according to their MSDS, are a NON-hazardous material. The reason for the requested letter is so that if, when responding in an emergency situation, one of our vehicles carrying dispersants is stopped at an inspection station or weigh station, and an inspector questions our transportation, we have official documentation that will allow us to answer the inspector's questions (and get us quickly back on the road so we can respond to the oil spill). The products being transported are Coreexit 9527 and Corexit 9500, manufactured by Nalco. The MSDS for these products indicate that for: Land Transport: "PRODUCT IS NOT REGULATED DURING TRANSPORTATION" Air Transport (ICAO/IATA): "PRODUCT IS NOT REGULATED DURING TRANSPORTATION" Marine Transport (IMDG/IMO): "PRODUCT IS NOT REGULATED DURING TRANSPORTATION" These dispersants are transported over the road in ISO tanks. Since they are being used to transport NON-hazardous material, the tanks should not be subject to the periodic inspection requirements applicable to tanks used for hazardous materials. Again, our concern is that, should the MSRC vehicle be stopped at an inspection station or weigh station, and an inspector questions our transportation (specifically whether our tanks have been inspected), we have official documentation that will allow us to answer the inspector's questions and quickly get back on the road. We respectfully request a letter from DOT that we can place in our vehicles that will allow us to answer such inspectors' questions. This letter would acknowledge that, so long as MSRC was transporting Coreexit 9527 and Corexit 9500, the transport was not regulated, and a tank inspection was not required for the MSRC tanks containing these products. We would attach a copy of the MSDS to your letter, as further support for the inspector. Please provide this letter to; Marine Spill Response Corporation, 220 Spring Street 11500, Herndon, VA 20170 If you have any questions regarding our request, please contact Mike Sample at 703-326-5620 or at §illl1pl~@J!!?.rj:.org. Thank you very much for your assistance. 11123/2009#

Page 3SAFETY DATA SHEET MNALCO PRODUCT COREXIT(R) EC9527A EMERGENCY TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC 11. ICHEMICAL PRODUCT AND COMPANY IDENTIFICA nON PRODUCT NAME: COREXIT(R) EC9527A APPLICATION: OIL SPILL DISPERSANT COMPANY IDENTIFICATION: Nalco Company 1601 W. Diehl Road Naperville, Illinois 60563~1198 EMERGENCY TELEPHONE NUMBER(S) : (800) 424-9300 (24 Hours) CHEMTREC NFPA 704M/HMIS RATING HEALTH: 2/2 FLAMMABILITY: 1/1 INSTABILITY: o=Insignificant 1;;:; Slight 2 = Moderate 3 =High 4 =Extreme 12. ICOMPOSlnONIINFORMATION ON INGREDIENTS 0/0 OTHER: Our hazard evaluation has identified the following chemical substance(s) as hazardous. Consult Section 15 for the. nature of the hazard(s). Hazardous Substance(s) CAS NO % (w/w) 2-Butoxyethanol 111-7~2 30.0 - 60.0 Organic sulfonic acid salt Proprietary 10:0 - 30.0 Propylene Glycol 57~55~ 1.0 - 5.0 13. IHAZARDS IDENTIFICATION "'EMERGENCY OVERVlEW** WARNING Eye and skin irritant. Repeated or excessive exposure to butoxyethanol may cause injury to red blood cells (hemolysis), kidney or the liver. Harmful by inhalation, in contact with skin and if swallowed. Do not get in eyes, on skin. on clothing. Do not take internally. Use with adequate ventilation. Wear suitable protective clothing. Keep container tightly closed. Flush affected area with water. Keep away from heat. Keep away from sources of ignition - No smoking. May evolve oxides of carbon {COx} under fire conditions.. PRIMARY ROUTES OF EXPOSURE: Eye, Skin HUMAN HEALTH HAZARDS - ACUTE: EYE CONTACT: Cen cause moderate irritation. Nalco Company 1601 W. Diehl Road· Naperville, Illinois 60563-1198 • {630)305-1000 For additional copies of an MSDS visit www.naico.com and request access 1/10#

Page 4SAFETY DATA SHEET NNALCO PRODUCT COREXIT(R) EC9527A EMERGENCY TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC SKIN CONTACT: Can cause moderate irritation. Harmful if absorbed through skin. INGESTION: gastro-intestinal tract. May be harmful jf swallowed. May cause liver and kidney effects and/or damage. There may be irritation to the INHALATION: Harmful by inhalation. Repeated or prolonged exposure may irritate the respiratory tract. SYMPTOMS OF EXPOSURE: Acute: Chronic: liver. Excessive exposure may cause central nervous system effects, nausea, vomiting, anesthetic or narcotic effects. Repeated or excessive exposure to butoxyethanol may cause injury to red blood cells (hemolysis), kidney or the AGGRAVATION OF EXISTING CONDITIONS: Skin contact may aggravate an existing dermatitis condition. HUMAN HEALTH HAZARDS ~ CHRONIC: Contains ethylene glycol monobutyl ether (butoxyethanol). Prolonged and/or repeated exposure through inhalation or extensive skin contact with EGBE may result in damage to the blood and kidneys. 14. IFIRST AID MEASURES EYE CONTACT: Flush affected area with water. Get medical attention. SKIN CONTACT: Flush affected area with water. Get mecUcal attention. INGESTION: attention. Do not induce vomiting without medical advice. If conscious. washout mouth and give water to drink. Get medical INHALATION: Remove to fresh air, treat symptomatically. If symptoms develop. seek medical advice. NOTE TO PHYSICIAN : Based on the individual reactions of the patient, the phYSician's judgement should be used to control symptoms and clinical condition. 15. IFIRE FIGHTING MEASURES FLASH POINT: 163 OF 172.7 °C (TCC) This product does not sustain combustion per the method outlined in 49 CFR Appendix H. Nalco Company 1601 W. Diehl Road' Naperville. Illinois 60563-1198 • (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 2/10#

Page 5SAFETY DATA SHEET NNALCO PRODUCT COREXIT(R) EC9527A EMERGENCV TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC EXTINGUISHING MEDIA: This product would not be expected to burn unless all the water is boiled away. The remaining organics may be ignitable. Use extinguishing media appropriate for surrounding fire. FIRE AND EXPLOSION HAZARD: May evolve oxides of carbon (COx) under fire conditions. SPECIAL PROTECTIVE EQUIPMENT FOR FIRE FIGHTING: In case of fire, wear a full face positive-pressure self contained breathing apparatus and protective suit. 16. IACCIDENTAL RELEASE MEASURES PERSONAL PRECAUTIONS: Restrict access to area as appropriate until clean-up operations are complete. Stop or reduce any leakS if it is safe to do so. Do not touch spilled material. Ventilate spill area if possible. Use personal protective equipment recommended in Section 8 (Exposure Controls/Personal Protection). METHODS FOR CLEANING UP : SMALL SPILLS: Soak up spill with absorbent material. Place residues in a suitable, covered, properly labeled container. Wash affected area. LARGE SPILLS: Contain liquid using absorbent material, by digging trenches or by diking. Reclaim into recovery or salvage drums or tank truck for proper disposal. Contact an approved waste hauler for disposal of contaminated recovered material. Dispose of material in compliance with regulations indicated in Section 13 (Disposal Considerations). ENVIRONMENTAL PRECAUTIONS: Do not contaminate surface water. 17. IHANDLING AND STORAGE HANDLING: when not in use. Avoid eye and skin contact. Do not take internally. Ensure all containers are labeled. Keep the containers closed STORAGE CONDITIONS: Store the containers tightly closed. SUITABLE CONSTRUCTION MATERIAL: Stainless Steel 316L, Hastelloy C-276, MOPE (medium density polyethylene), Nitrile, Plexiglass, Kalrez, TFE, Alfax, Teflon, HOPE (high density polyethylene), Neoprene, Aluminum, Polypropylene, Polyethylene, Carbon Steel C1018, Stainless Steel 304, Compatibility with Plastic Materials can vary; we therefore recommend that'compatibility is tested prior to use., FEP(encapsulated), Perfluoroelastomer, PVC UNSUITABLE CONSTRUCTION MATERIAL: Copper, Mild steel, Brass, Nylon, Buns-N, Natural rubber, Polyurethane, Hyparon, Viton, Ethylene propylene, EPDM Nalco Company 1601 W. Diehl Road· Naperville, l.lIinois 60563-1198· (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 3/10#

Page 6SAFETY DATA SHEET NNALCO PRODUCT COREXIT(R) EC9527A EMERGENCY TELEPHONE NUMBER{S) (800) 424-9300 (24 Hours) CHEMTREC Is. IEXPOSURECONTRO~ERSONALPROTECnON OCCUPATIONAL EXPOSURE LIMITS: Exposure guidelines have not been established for this product. Available exposure limits for the substance(s) are shown below. ACGIHlTLV: Substance(s) 2-Butoxyethanol TWA: 20 ppm, 97 mg/m3 Propylene Glycol OSHA/PEL: Substance(s) 2-Butoxyethanol TWA: 50 ppm, 240 mglm3 (Skin) Propylene Glycol AIHAlWEEL: Substance(s) For propylene glycol, an 8 hour TWA of 10 mgJm3 (aerosol) and 50 ppm (total). ENGINEERING MEASURES: General ventilation is recommended. RESPIRATORY PROTECTION: Where concentrations in air may exceed the limits given in this section, the use of a half face filter mask or air supplied breathing apparatus is recommended. A suitable filter material depends on the amount and type of chemicals being handled. Consider the use of filter type: Multi-contaminant cartridge. with a Particulate pre-1ilter. In event of emergency or planned entry into unknown concentrations a positive pressure, full-facepiece SCBA should be used. If respiratory protection is required, institute a complete respiratory protection program including selection, frt testing, training, maintenance and inspection. HAND PROTECTION: Neoprene gloves, Nitrile gloves, Butyl gloves, PVC gloves SKIN PROTECTION: Wear standard protective clothing. EYE PROTECTION: Wear chemical splash goggles. HYGIENE RECOMMENDATIONS: Keep an eye wash fountain available. Keep a safety shower available. Ifclothing is contaminated, remove clothing and thoroughly wash the affected area. Launder contaminated clothing before reuse. HUMAN EXPOSURE CHARACTERIZATION: Based on our recommended product application and personal protective eqUipment, the potential human exposure is: Low Malco Company 1601 W. Diehl Road • Naperville, Illinois 60563-1198 • (630}305-1000 For additional copies of an MSDS visit www.nalco.com and request access 4/10#

Page 7SAFETY DATA SHEET NNALCO PRODUCT COREXIT(R} EC9527A EMERGENCY TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC 19. IPHYSICAL AND CHEMICAL PROPERTIES PHYSICAL STATE Liquid APPEARANCE Clear Amber ODOR Mild SPECIFIC GRAVITY 0.98 M 1.02 DENSITY 8.2 - 8.5 lblgal SOLUBILITY IN WATER Complete pH (100 %) 6.1 VISCOSITY 160cst @ 32°F/O°C POUR POINT ASTM D-97 -66.9 OF I -55°C POUR POINT < -40 of I < -40 °C BOILING POINT 340 OF 1171 °C VAPOR PRESSURE < 5 mm Hg @ 100 OF 138°C Same as water EVAPORATION RATE 0.1 Note: These physical properties are typical values for this product and are subject to change. 110. ISTABILITY AND REACTIVITY STABILITY : stable under normal conditions. HAZARDOUS POLYMERIZATION: Hazardous polymerization will not occur. CONDITIONS TO AVOID: Extremes of temperature MATERIALS TO AVOID : Contact with strong oxidizers (e.g. chlorine, peroxides, chromates, nitric acid, perchlorate, concentrated oxygen. permanganate) may generate heat, fires, explosions and/or toxic vapors. HAZARDOUS DECOMPOSITION PRODUCTS: Under fire conditions: Oxides of carbon 111. ITOXICOLOGICAL INFORMATION No toxicity studies have been conducted on this product SENSITIZATION: This product is not expected to be a sensitizer. Nalco Company 1601 W. Diehl Road· NapeNille, Illinois 60563-1198· (630)30~1000 For additional copies of an MSDS visit www.naloo.oom and request access 5/10#

Page 8SAFETY DATA SHEET -NALCO PRODUCT COREXIT(R) EC9527 A (800) 424-9300 (24 Hour.) CHEMTREC CARCINOGENICITY : None of the substances in this product are listed as carcinogens by the International Agency for Research on Cancer (IARC), the National Toxicology Program (NTP) or the American Conference of Govemmentallndustrial Hygienists (ACGIH). HUMAN HAZARD CHARACTERIZATION: Based on our hazard characterization, the potential human hazard Is: High 112. IECOLOGICAL INFORMATION ECOTOXICOLOGICAL EFFECTS; No toxicity studies have been conducted on this product. MOBII.lTY : The environmental fate was estimated using a level III fugacity model embedded in the EPI (estimation program interface) Suite TM. provided by the US EPA. The model assumes a steady state condition between the total input and output. The level III model does not require equilibrium between the defined media. The information provided is intended to give the user a general estimate of the environmental fate of this product under the defined conditions of the models. If released Into the environment this material is expected to distribute to the air, water and soiVsediment in the approximate respective percentages; Air Water Soil/Sediment <5% 10-30% 70-90% The portion in water is expected to be soluble or dispersible. BIOACCUMULATION POTENTIAL Component substances have a low potential to bioconcentrate. ENVIRONMENTAL HAZARD AND EXPOSURE CHARACTERIZATION Based on our hazard char~cterization, the potential environmental hazard is: Moderate Based on our recommended product application and the producfs characteristics, the potential environmental exposure is: Low If released into the environment, see CERCLAISUPERFUNO in Section 15. 113. IDISPOSAL CONSIDERATIONS If this product becomes a waste, it is not a hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA) 40 CFR 261, since it does not have the characteristics of Subpart C, nor is it listed under Subpart D. Nalco Company 1601 W. Diehl Road· Naperville, Illinois 60563-1198 • (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 6/10#

Page 9SAFETY DATA SHEET NNALCO PRODUCT COREXIT(R) EC9527 A EMERGENCY TELEPHONE NUMBER(S) (BOO) 424-9300 (24 Hours) CHEMTREC As a non-haZardous waste, it is not subject to federal regulation. Consult state or local regulation for any additional handling, treatment or disposal requirements. For disposal, contact a properly licensed waste treatment, storage, disposal or recycling facility. 114. ITRANSPORT INFORMATION The information in this section is for reference only and should not take the place of a shipping paper (bill of lading) specific to an order. Please note that the proper Shipping Name I Hazard Class may vary by packaging, properties, and mode of transportation. Typical Proper Shipping Names for this product are as follows. LAND TRANSPORT: Proper Shipping Name: PRODUCT IS NOT REGULATED DURING TRANSPORTATION AIR TRANSPORT (ICAO/IATA) : Proper Shipping Name: PRODUCT IS NOT REGULATED DURING TRANSPORTATION MARINE TRANSPORT (IMDGIIMO) : Proper Shipping Name: PRODUCT IS NOT REGULATED DURING TRANSPORTATION 115. IREGULATORY INFORMA'nON This section contains additional information that may have relevance to regulatory compliance. The information in this section is for reference only. It is not exhaustive, and should not be relied upon to take the place of an individualized compliance or hazard assessment. Nalco accepts no liability for the use of this information. NATIONAL REGULATIONS, USA: OSHA HAZARD COMMUNICATION RULE, 29 CFR 1910.1200: Based on our hazard evaluation, none of the substances in this product are hazardous. CERCLAISUPERFUND, 40 CFR 117, 302: Notification of spills of this product is not required. SARAISUPERFUNDAMENDMENTS AND REAUTHORIZATION ACT OF 1986 (TITLE III)- SECTIONS 302,311, 312, AND 313 : SECTION 302 - EXTREMELY HAZARDOUS SUBSTANCES (40 CFR 355): This product does not contain substances listed in Appendix A and B as an Extremely Hazardous Substance. Nalco Company 1601 W. Diehl Road· Naperville, Illinois 60563-1198· (630}305-1 000 For additional copies of an MSDS visit www.nalco.com and request access 7/10#

Page 10SAFETY DATA SHEET MNALCO PRODUCT COREXIT(R) EC9527 A EMERGENCY TELEPHONE NUMBeR(S) (800) 424-9300 (24 Hours) CHEMTREC SECTIONS 311 AND 312 ~ MATERIAL SAFETY DATA SHEET REQUIREMENTS (40 CFR 370): Our hazard evaluation has found this product to be hazardous. The product should be reported under the following indicated EPA hazard categories: x Immediate (Acute) Health Hazard X Delayed (Chronic) Health Hazard X Fire Hazard Sudden Release of Pressure Hazard Reactive Hazard Under SARA 311 and 312, the EPA has established threshold quantities for the reporting of hazardous chemicals. The current thresholds are: 500 pounds or the threshold planning quantity (TPQ), whiche'lSr is lower, for extremely hazardous substances and 10,000 pounds for all other hazardous chemicals. SECTION 313 - LIST OF TOXIC CHEMICALS (40 CFR 372): This product contains the following substance(s), (with CAS "# and % range) which appear(s) on the List of Toxic Chemicals Hazardous Substance(s) CAS NO % (w/w) Glycol Ethers 30-60 TOXIC SUBSTANCES CONTROL ACT (TSCA) : The substances in this preparation are included on or exempted from the TSCA 8(b) Inventory (40 CFR 710) FEDERAL WATER POLLUTION CONTROL ACT, CLEAN WATER ACT, 40 CFR 401.151 formerly Sec. 307, 40 CFR 116.41 fonnerly Sec. 311 : None of the substances are specifically listed in the regulation. CLEAN AIR ACT, Sec. 112 (40 CFR 61, Hazardous Air Pollutants). Sec. 602 (40 CFR 82, Class I and II Ozone Depleting Substances): None of the substances are specifically listed in the regulation. CALIFORNIA PROPOSITION 65: , This product does not contain substances which require warning under Califomia Proposition 65. MICHIGAN CRITICAL MATERIALS: None of the substances are specifically listed in the regulation. STATE RIGHT TO KNOW LAWS: The following substances are disclosed for compliance with State Right to Know Laws: 2-Butoxyethanol Propylene Glycol NATIONAL REGULATIONS, CANADA: Nalco Company 1601 W. Diehl Road • Naperville, Illinois 605~1198· (630)305-1000 For additional copies of an MSDS visit www.naloo.oom and request access 8/10#

Page 11SAFETY DATA SHEET NNALCO PRODUCT COREXIT(R) EC9527A EMERGENCY TELEPHONE NUMBER(S) (SOO) 424-9300 (24 Hours) CHEMTREC WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS): This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the MSDS contains all the information required by the CPR. WHMIS CLASSIFICATION: D2B - Materials Causing Other Toxic Effects - Toxic Material CANADIAN ENVIRONMENTAL PROTECTION ACT (CEPA): The substances in this preparation are listed on the Domestic Substances List (DSL), are exempt, or have been reported in accordance with the New Substances Notification Regulations. AUSTRALIA (NICNAS). All substances in this product comply with the National Industrial Chemicals Notification & Assessment Scheme CHINA All substances in this product comply with the Chemical Control Law and are listed on the Inventory of Existing Chemical Substances China (lECSC). EUROPE The substance(s) in this preparation are included in or exempted from the EINECS or ELINCS inventories JAPAN All substances in this product comply with the Law Regulating the Manufacture and Importation Of Chemical Substances and are listed on the Ministry of International Trade & industry List (MITI). KOREA All substances in this product comply with the Toxic Chemical Control law (TCCL) and are listed on the Existing Chemicals List (ECl) PHILIPPINES All substances in this product comply with the Republic Act 6969 (RA 6969) and are listed on the Philippines Inventory of Chemicals & Chemical Substances (PICCS). 116. IO"rHER INFORMATION Due to our commitment to Product Stewardship. we have evaluated the human and environmental hazards and exPosures of this product Based on our recommended use of this product, we have characterized the product's general risk ..This information should provide assistance for your own risk management practices. VVe have evaluated our product's risk as follows: .. The human risk is: low * The enVironmental risk is: Low Any use inconsistent with our recommendations may affect the risk characterization. OUr sales representative will assist you to determine if your product application is consistent with our recommendations. Together we can implement an appropriate risk management process. Nalco Company 1601 W. Diehl Road· Naperville, Illinois 60563-1198 • (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 9/10#

Page 12SAFETY DATA SHEET NNALCO PRODUCT COREXIT(R) EC9527A EMERGENCY TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC This product material safety data sheet provides health and safety information. The product is to be used in applications consistent with our product literature. Individuals handling this product should be informed of the recommended safety precautions and should have access to this information. For any other uses, exposures should be evaluated so that appropriate handling practices and training programs can be established to insure safe workplace operations. Please consult your local sales representative for any further information. REFERENCES . Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, American Conference of Governmental Industrial Hygienists, OH., (AriellnsightTM'IM CD-ROM Version), Ariel Research Corp., Bethesda, MO. Hazardous Substances Data Bank, National Library of Medicine, Bethesda, Maryland (TOMES CPS'IM'IM CD-ROM Version), Micromedex, Inc., Englewood, CO. IARC Monographs on the Evaluation of the Carcinogenic Risk of Chemicals to Man, Geneva: World Health Organization, International Agency for Research on Cancer. Integrated Risk Information System, U.S. Environmental Protection Agency, Washington, D.C. (TOMES CPSTMTM CO-ROM Version), Micromedex, Inc., Englewood. CO. Annual Report on carcinogens, National Toxicology Program. U.S. Department of Health and Human Servi::es. Public Health Service. Title 29 Code of Federal Regulations, Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA), (Ariellnsight™TM C[}'ROM Version). Ariel Research Corp., Bethesda, MD. Registry of Toxic Effects of Chemical Substances, National Institute for Occupational Safety and Health, Cincinnati, OH. (TOMES CPSTMTM CD-ROM Version), Micromedex, Inc.. Englewood, CO. Ariel Insight™ ThI (An integrated guide to industrial chemicals covered under major regulatory and advisory programs), North American Module. Westem European Module. Chemical Inventories Module and the Generics Module (Ariellnsight™TM CD-ROM Version). Ariel Research Corp., Bethesda, MD. The Teratogen Information System. University dWashington. Seattle, WA (TOMES CPSTMTM CD-ROM Version), Micromedex, Inc., Englewood, CO. Prepared By: Product Safety Department Date issued: 10/15/2008 Version Number: 1.7 Nalco Company 1601 W. Diehl Road· Naperville, Illinois 60563-1198· (630)305-1000 For additional copies of an MSDS visit VIIWW.nalco.com and request access 10/10#

Page 13SAFETY DATA SHEET NNALCO PRODUCT COREXIT (R) EC9500A EMERGENCY TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEM'rREC 11. ICHEMICAL PRODUCT ANO COMPANY IDENTIFICATION PRODUCT NAME: COREXIT (R) EC9500A APPLICATION: OIL SPILL DISPERSANT COMPANY IDENTIFICATION: Nalco Company 1601 W. Diehl Road Naperville, illinois 60563-1198 EMERGENCY TELEPHONE NUMBER(S) : (800) 424-9300 (24 Hours) CHEMTREC NFPA 704M/HMIS RATING HEALTH: 1/1 FLAMMABILITY: 1/1 INSTABILITY: 0 I 0 OTHER': o:::;: Insignificant 1:::;: Slight 2 = Moderate 3 =High 4 :::;: Extreme 12. ICOMPOSITIONIINFORMATION ON INGREDIEN!S Our hazard evaluation has identified the following chemical substance(s) as hazardous. Consult Section 15 for the nature of the hazard(s). Hazardous Substance(s) CAS NO % (w/w) Distillates, petroleum, hydrotreated light 64742-47-8 10.0- 30.0 Propylene Glycol 57-55-6 1.0 - 5.0 Organic sulfonic acid salt Proprietary 10.0 - 30.0 13. IHAZARDS IDENTIFICATION **EMERGENCY OVERVIEW'" CAUTION May cause irritation with prolonged contact. Keep away from heat Keep away from sources of ignition - No smoking. Keep container tightly closed. Do not get in eyes, on skin, on clothing. Do not take internally." Avoid breathing vapor. U~ with adequate ventilation. In case of contact with eyes, rinse immediately with plenty ofwater and seek medical advice. After contact with skin, wash immediately with plenty of soap and water. Wear suitable protective clothing. Low Fire Hazard; liquids may burn upon heating to temperatures at or above the flash point. May evolve oxides of carbonJCOx) under fire conditions. May evolve oxides of sulfur (SOx) under fire conditions. PRIMARY ROUTES OF EXPOSURE: Eye, Skin HUMAN HEALTH HAZARDS - ACUTE: EYE CONTACT: Can cause mild irritation. Nalco Company 1601 W. Diehl Road· Naperville,lllinois 60563-1198· (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 1/10#

Page 14SAFETY DATA SHEET· NNALCO PRODUCT COREXIT (R) EC9500A EMERGENCY TELEPHONE NUMBER(S) (BOO) 424-9300 (24 Hours) CHEMTREC SKIN CONTACT: May cause irritation with prolonged contact. INGESTION: Not a likely route of exposure. May cause nausea and vomiting. Can cause chemical pneumonia if aspirated into lungs following ingestion. INHALATION: Repeated or prolonged exposure may irritate the respiratory tract. SYMPTOMS OF EXPOSURE: Acute: A review of available data does not identify any symptoms from exposure not previously mentioned. Chronic: Frequent or prolonged contact with product may defat and dry the skin, leading to discomfort and dermatitis. AGGRAVATION OF EXISl1NG CONDITIONS: Skin contact may aggravate an existing dennatitis condition. 14. IFIRST AID MEASURES EYE CONTACT: Flush affected area with water. Get medic;;!1 attention. SKIN CONTACT: Flush affected area with water. If symptoms develop, seek medical advice. INGESTION: Do not induce vomiting: contains petroleum distillates and/or aromatic solvents. If conscious, washout mouth and give water to drink. Get medical attention. INHALATION: Remove to fresh air, treat symptomatically. Get medical attention. NOTE TO PHYSICIAN: Based on the individual reactions of the patient, the physician's judgement should be used to control symptoms and clinical condition. Is. IFIRE FIGHTING MEASLIRES FLASH POINT: 181.4 OF 183 °C (PMCC) This product does not sustain combustion per the method outlined in 49 CFR Appendix H. LOWER EXPLOSION LIMIT: Not flammable UPPER EXPLOSION LIMIT: Not flammable Nalco COmpany 1601 W. Diehl Road • Naperville, Illinois 60563-1198· (630}305-1000 For additional copies of an MSDS visit lJIIWW.nalco.com and request access 2/10#

Page 15SAFETY DATA SHEET NNALCO PRODUCT COREXIT (R) EC9500A EMERGENCY TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC EXTINGUISHING MEDIA: Alcohol foam, Carbon dioxide, Foam, Dry powder, Other extinguishing agent suitable for Class B fires, For large fires, use water spray or fog, thoroughly drenching the buming material. Water mist may be used to cool closed containers. UNSUITABLE EXTINGUISHING MEDIA: Do not use water unless flooding amounts are available. FIRE AND EXPLOSION HAZARD: Low Fire Hazard; liquids may bum,upon heating to temperatures at or above the flash point. May evolve oxides of carbon (COx) under fire conditions. May evolve oxides of sulfur (SOx) under fire conditions. SPECIAL PROTECTIVE EQUIPMENT FOR FIRE FIGHTING: In case of fire, wear a full face positive-pressure self contained breathing apparatus and protective suit. 16. IACCIDENTAL RELEASE MEASURES PERSONAL PRECAUTIONS: Restrict access to area as appropriate until clean-up operations are complete. Stop or reduce any leaks if it is safe to do so. Ventilate spill area if possible. Do not touch spilled material. Remove sources of ignition. Have ' emergency equipment (for fires, spills, leaks, etc.) readily available. Use personal protective equipment recommended In Section 8 (Exposure Controls/Personal Protection). Notify appropriate government, occupational health and safety and environmental authorities. METHODS FOR CLEANING UP : SMALL SPILLS: Soak up spill with absorbent material. Place residues in a suitable, covered, proper1y labeled container. Wash affected area. LARGE SPILLS: Contain liquid using absorbent matenal, by digging trenches or by diking. Reclaim into recovery or salvage drums or tank truck for proper disposal. Clean contaminated surfaces with water or aqueous cleaning agents. Contact an approved waste hauler for disposal of contaminated recovered material. Dispose of material in compliance with regulations indicated in Section 13 (Disposal Considerations). ENVIRONMENTAL PRECAUTIONS: Do not contaminate surface water. 17. IHANDLING AND STORAGE HANDLING: Use with adequate ventilation. Keep the containers closed when not in use. Do not take internally. Do not get in eyes, on skin, on clothing. Have emergency equipment (for fires, spills, leaks, etc.) readily available. STORAGE CONDITIONS: Store away from heat and sources of ignition. Store separately from oxidizers. Store the containers tightly closed. SUITABLE CONSTRUCTION MATERIAL: Compatibility with Plastic Materials can vary; we therefore recommend that compatibility is tested prior to use., Stainless Steel 304, Stainless Steel 316L, Aluminum, Hastelloy C-276, MOPE (medium density polyethylene), HOPE (high density polyethylene), PVC, Plexiglass, Teflon, Kalrez, Perfluoroelastomer, PTFE, TFE, FEP (encapsulated) Nalco Company 1601 W. Diehl Road' Naperville. Illinois 60563-1198· (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 3/10#

Page 16i i ,SAFETY DATA SHEET NNALCO PRODUCT COREXIT (R) EC9500A EMERGENCY TEI.EPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC UNSUITABLE CONSTRUCTION MATERIAL: Mild st~. Carbon steel. Buna-N. Brass. Copper, Natural rubber, Polyethylene. Polypropylene, Ethylene propylene, EPDM. Neoprene, Nitrile, Polyurethane, Viton, Alfax, Hypalon la, IEXPOSURE CONTROLSJPERSONAL PROTECTION OCCUPATIONAL EXPOSURE LIMITS: Exposure guidelines have not been established for this product. Available exposure limits for the substance(s) are shown below. ACGIHlTLV: Substance{s) Oil Mist (Mineral) TWA: Smglm3 STEL: 10 mg/m3 OSHA/PEL: Substance(s} Oil Mist (Mineral) TWA:. 5 mg/m3 AIHAlWEEL: Substance(s) Propylene Glycol TWA: 10 mg/m3 ENGINEERING MEASURES: General ventilation is recommended. RESPIRATORY PROTECTION: Where concentrations in air may exceed the limits given in this section, the use of a half face filter mask or air supplied breathing apparatus is recommended. A suitable filter material depends on the amount and type of chemicals being handled. Consider the use of filter type: Multi-contaminant cartridge. with a Particulate pre-filter. In event of emergency or planned entry into unknown concentrations a positive pressure, full-facepiece SCBA should be used. If respiratory protection is required. institute a complete respiratory protection program including selection. fit testing. training. maintenance and inspection. HAND PROTECTION: Nitrile gloves. PVC gloves . SKIN PROTECTION: Wear standard protective clothing. EYE PROTECTION: Wear chemical splash goggles. HYGIENE RECOMMENDATIONS: Keep an eye wash fountain available. Keep a safety shower available. If clothing is contaminated, remove clothing and thoroughly wash the affected area. Launder contaminated clothing before reuse. Nalco Company 1601 W. Diehl Road' Naperville. Illinois 60563-1198· (630}305-1000 For additional copies of an MSDS visit www.nalco.com and request access 4/10#

Page 17SAFETY DATA SHEET PRODUCT COREXIT (R) EC9500A' EMERGENCY TELEPHONE NUMBER(S) (BOO) 424-9300 (24 Hours) CHEMTREC HUMAN EXPOSURE CHARACTERIZATION: Based on our recommended product application and personal protective equipment, the potential human exposure is: Low 19. IPHYSICAL AND CHEMICAL PROPERTIES PHYSICAL STATE Liquid APPEARANCE Clear Hazy Amber ODOR Hydrocarbon SPECIFIC GRAVITY DENSITY SOLUBILITY IN WATER pH (100 %) VISCOSITY POUR POINT BOILING POINT VAPOR PRESSURE 0.95 @ 60 of 115.6 °C 7.911b/gal Miscible 6.2 177 cst @ 32 OF 10°C 70 cst @ 60 OF 115.6 °C < -71°F 1< -57 °C 296 OF 1147 °C 15.5 mm Hg @ 100 OF 137.8 °C Note: These physical properties are typical values for this product and are subject to change. 110. ISTABILITY AND REACTIVITY STABILITY: Stable under normal conditions. HAZARDOUS POLYMERIZATION: Hazardous polymerization will not occur. CONDITIONS TO AVOID: Heat and sources of ignition including static discharges. MATERIALS TO AVOID; Contact with strong oxidizers (e.g. chlorine, peroxides, chromates, nitric acid, perchlorate, concentrated oxygen, permanganate)' may generate heat, fires, explosions and/or toxic vapors. HAZARDOUS DECOMPOSITION PRODUCTS: Under fire conditions: Oxides of carbon, Oxides of sulfur 111. ITOXICOLOGICAL INFORMATION No toxicity studies have been conducted on this product. SENSITIZATION: This product is not expected to be a sensitizer. Nalco Company 1601 W. Diehl Road • Naperville, Illinois 60563-1198 • (630)305-1000 For additional copies of an MSDS visit www.na!co.com and request access 5/10#

Page 18SAFETY DATA SHEET NNALCO PRODUCT' COREXIT (R) EC9500A EMERGENCY TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC CARCINOGENICITY ; None of the substances in this product are listed as carcinogens by the International Agency for Research on Cancer (IARC). the National Toxicology Program (NTP) or the American Conference of Govemmentallndustrial . Hygienists (ACGIH). HUMAN HAZARD CHARACTERIZATION: Based on our hazard characterization, the potential human hazard is: Moderate 112. IECOLOGICAL INFORMATION ECOTOXICOLOGICAL EFFECTS: The following results are for the product. ACUTE INVERTEBRATE RESULTS' Species ExpOsure LC50 EC50 Test Descriptor Acartia tonsa 48 hrs 34mgn Product 48hrs 20.7 mgJI Product Artemia MOBILITY : The environmental fate was estimated using a level III fugacity model embedded in the EPI (estimation program interface) Suite TM, provided by the US EPA. The model assumes a steady state condition between the total input and output. The level III model does not require equilibrium between the defined media. The information provided is intended to give the user a general estimate of the environmental fate of this product under the defined conditions of the models. . If released into the environment this material is expected to distribute to the air. water and soil/sediment in the approximate respective percentages; Air Water Soil/Sediment <5% 10 -30% 50-70% The portion in water is expected to float on the surface. BIOACCUMULATION POTENTIAL Component substances have a potential to bioaccumulate. ENVIRONMENTAL HAZARD AND EXPOSURE CHARACTERIZATJON Based on our hazard characterization, the potential environmental hazard is: Low Based on our recommended produCt application and the product's characteristics, the potential environmental exposure is: Low If released into the environment, see CERCLAISUPERFUND in Section 15. 113. IDISPOSAL CONSIDERATIONS If this product becomes a waste, it could meet the criteria of a hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA) 40 CFR 261. Before disposal. it should be determined if the waste meets the criteria of a hazardous waste. Nalco Company 1601 W. Diehl Road • Naperville, Illinois 80563-1198 • (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 6/10#

Page 19SAFETY DATA SHEET NNALCO PRODUCT COREXIT (R) EC9500A EMERGENCY TELEPHONE NUMBER(S) (BOO) 424-9300 (24 Hours) ,CHEMTREC Hazardous Waste: 0018 Hazardous wastes must be transported by a licensed, hazardous waste transporter and disposed of or treated in a properly licensed hazardous waste treatment. storage. disposal or recycling facility. Consult local. state, and federal regulations for specific requirements. 114. ITRANSPORT INFORMATION The information in this section is for reference only and should not take the place of a shipping paper (bill of lading) specific to an order. Please note that the proper Shipping Name I Hazard Class may vary by packaging, properties. and mode of transportation. Typical Proper Shipping Names for this product are as follows. LAND TRANSPORT: Proper Shipping Name: PRODUCT IS NOT REGULATED DURING TRANSPORTATION AIR TRANSPORT (ICAOIIATA) : Proper Shipping Name: PRODUCT IS NOT REGULATED DURING TRANSPORTATION MARINE TRANSPORT (IMDGiIMO) ; Proper Shipping Name: 115. !REGULATORY INFORMATION PRODUCT IS NOT REGULATED DURING TRANSPORTATION This section contains additional information that may have relevance to regulatory compliance. ' The information in this section is for reference only. It is not exhaustive, and should not be relied upon to take the place of an individualized compliance or hazard assessment. Nalco accepts no liability for the use ofthis infOrmation. NATIONAL REGULATIONS. USA: OSHA HAZARD COMMUNICATION RULE, 29 CFR 1910.1200: Based on our hazard evaluation, the following substance(s) in this product is/are hazardous and the reason(s) isfare shown below. Distillates. petroleum, hydrotreated light: Irritant Propylene Glycol: Exposure Limit Organic sulfonic acid salt: Irritant CERCLAISUPERFUND, 40 CFR 117, 302 : Notification of spills of this product is not required. Nalco Company 1601 W. Diehl Road· Naperville, lIIinois6056a..1198· (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 7/10#

Page 20./ SAFETY·DATA SHEET NNALCO PRODUCT COREXIT (R) EC9500A EMERGENCY TELEPHONE NUMBER(S) (BOO) 424-9300 (24 Hours) CHEMTREC SARNSUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (TITLE 111)- SECTIONS 302, 311, 312, AND 313 : SECTION 302 - EXTREMELY HAZARDOUS SUBSTANCES (40 CFR 355) : This product does not contain substances listed in Appendix A and B as an Extremely Hazardous Substance. SECTIONS 311 AND 312 - MATERIAL SAFETY DATA SHEET REQUIREMENTS (40 CFR 370): Our hazard evaluation has found this product to be hazardous. The product should be reported under the following indicated EPA hazard categories: x Immediate (Acute) Health Hazard Delayed (Chronic) HealUi Hazard Fire Hazard Sudden Release of Pressure Hazard Reactive Hazard Under SARA 311 and 312, the EPA has established threshold quantities for the reporting of hazardous chemicals. The current thresholds are: 500 pounds or the threshold planning quantity (TPQ), whichever is lower, for extremely hazardous substances and 10,000 pounds for all other hazardous chemicals. SECTION 31"3 - LIST OF TOXIC CHEMICALS (40 CFR 372) : This product does not contain substances on the List of Toxic Chemicals. TOXIC SUBSTANCES CONTROL ACT (TSCA) : The substances in this preparation are included on or exempted from the TSCA 8(b) Inventory (40 CFR 710) . FEDERAL WATER POLLUTION CONTROL ACT, CLEAN WATER ACT, 40 CFR 401.15/ formerly Sec. 307. 40 CFR 116.41 formerly Sec. 311 : None of the substances are specifically listed in the regulation. CLEAN AIR ACT, Sec. 112 (40 CFR 61. Hazardous Air Pollutants), Sec. 602 (40 CFR 82, Class I and II Ozone Depleting Substances): None ofthe substances are specifically listed in the regulation. CALIFORNIA PROPOSITION 65 : This product does not contain substances which require warning under California Proposition 65. MICHIGAN CRITICAL MATERIALS: None of the substances are specifically listed in the regulation. STATE RIGHT TO KNOW LAWS: The following substances are disclosed for compliance with State Right to Know Laws: Propylene Glycol NATIONAL REGULATIONS. CANADA: Nalco Company 1601 W. Diehl Road· Naperville. Illinois 60563-1198· (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 8/10 .#

Page 21SAFETY DATA SHEET MNALCO PRODUCT COREXIT (R) EC9500A EMERGENCY TELEPHONE NUMBER(S) (BOO) 424-9300 (24 Hours) CHEMTREC WORKPLACE HAZARDOUS MATERIALS INFORMATION SYSTEM (WHMIS): This product has been classified in accordance with the hazard criteria of the Controlled Products Regulations (CPR) and the MSDS contains aU the information required by the CPR. A claim has been submitted to the Hazardous Materials Information Review Commission (HMIRC) for exemption from disclosure of a substance. . HMIRC Registry Number: 6639 Filed: 06/01/2006 WHMIS CLASSIFICATION: B3 - Combustible Liquids CANADIAN .ENVIRONMENTAL PROTECTION ACT (CEPA) : The substance(s) in this preparation are included in or exempted from the Domestic Substance List (DSL). . AUSTRALIA (NICNAS). All substances in this product comply With the National Industrial Chemicals Notification & Assessment Scheme CHINA All substances in this product comply with the Chemical Control Law and are listed on the Inventory of Existing Chemical Substances China (IECSC). EUROPE The substance(s) in this preparation are included in or exempted from the EINECS or EliNCS inventories JAPAN All substances In this product comply with the Law Regulating the Manufacture and Importation Of Chemical Substances and are listed on the Ministry of International Trade & industry List (MITI). KOREA All substances in this product comply with the Toxic Chemical Control Law (TCCL) and are listed on the Existing Chemicals List (ECl) PHiliPPINES All substances in this product comply with the Republic Act 6969 (RA 6969) and are listed on the Philippines Inventory of Chemicals & Chemical Substances (PICCS). 116. IOTHER INFORMATION Due to our commitment to Product Stewardship, we have evaluated the human and environmental hazards and exposures'of this product Based on our recommended use of this product, we have characterized the product's general risk. This information should provide assistance for your own risk management practices. We have evaluated our product's risk as follows: * The human risk is: Low Nalco Company 1601 W. Diehl Road· Naperville, Illinois 60563-1198· (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 9/10#

Page 22SAFETY DATA SHEET NNALCO PRODUCT COREXIT (R) EC9500A EMERGENCY TELEPHONE NUMBER(S) (800) 424-9300 (24 Hours) CHEMTREC "' The environmental risk is: Low Any use inconsistent with our recommendations may affect the risk characterization. Our sales representative will assist you to determine if your product application is consistent with our recommendations. Together we can implement an appropriate risk management process. This product material safety data sheet provides health and safety information. The product is to be used in applications consistent with our product literature. Individuals handling this product should be informed of the recommended safety precautions and should have access to this information. For any other uses, exposures should be evaluated so that appropriate handling practlces and training programs can be established to insure safe workplace operations. Please consult your local sales representative for any further information. REFERENCES Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, American Conference of Governmental Industrial Hygienists, OH., (Ariel Insight™TM CD-ROM Version), Ariel Research Corp., Bethesda. MO. Hazardous Substances DataBank, National Library of Medicine, Bethesda, Maryland (TOMES CPSTMTM CD-ROM Version). Micrornedex, Inc., Englewood, CO. IARC Monographs on the Evaluation of the CarCinogenic Risk of Chemicals to Man, Geneva: World Health Organization, International Agency for Research on Cancer. Integrated Risk Information System, U.S. Environmental Protection Agency, Washington, D.C. (TOMES CPSTMTM CD-ROM Version), Micromedex, Inc., Englewood, CO. Annual Report on carcinogens, National Toxicology Program, U.S. Deparbnent of Health and Human Services, Public Health Service. Title 29 Code of Federal Regulations, Part 1910, SubpartZ, Toxic and Hazardous Substances, Occupational Safety and Health Administration (OSHA). (AriellnsighFMTM CD-ROM Version). Ariel Research Corp., Bethesda, MD. Registry of Toxic Effects of Chemical Substances, National Institute for Occupational Safety and Health. Cincinnati, OH, (TOMES CPSTMTM CD-ROM Version). Micromedex, Inc., Englewood, CO. Ariellnsight™TM (An integrated guide to industrial chemicals covered under major regulatory and advisory programs), North American Module, Western European Module, Chemical Inventories Module and the Generics Module (Ariel Insight™llA CD-ROM Version), Ariel Research Corp., Bethesda, MD. The Teratogen Information System, University of Washington, Seattle, WA (TOMES CPSTMTM CD-ROM Version), Micromedex, Inc., Englewood, CO. Prepared By: Product Safety Department Date issued: 1012212008 Version Number: 1.13 Naleo Company 1601 W. Diehl Road • Naperville, Illinois 60563-1198 • (630)305-1000 For additional copies of an MSDS visit www.nalco.com and request access 10/10#