Tronox, LLC — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration APR 28 2el0 1200 New Jersey Ave, SE Washington, D.C. 20590 Mr. John Hatmaker Director-Environment, Health & Safety Tronox, LLC P.O. Box 26S859 Oklahoma City, OK 73126-S859 Ref. No.: 09-0301 Dear Mr. Hatmaker: This responds to your e-mail regarding classification under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1S0) of"F1ameless Ration Heater" (FRH) containing a new formulation for providing hot meals to soldiers in the field, such as meals-ready-to-eat (MRE). Several attachments were included. According to your letter, the Department of Defense (DOD) transports "Unitized Group RationExpress" (UGR-E) for providing hot meals to soldiers in the field. This unit is capable of heating a meal that feeds IS soldiers. The heating element in this unit is a "Flameless Ration Heater" (FRH). Currently, the FRH used in the UGR-E contains magnesium-iron alloy powders that are activated by aqueous sodium chloride to generate sufficient thermal energy to heat the food rations to 140-l50°F. The Mg/Fe based FRH generates substantial amounts of flammable gases when tested with distilled water in accordance with the UN Manual ofTests and Criteria, to meet the definition of Packing Group I or II in Class 4, Division 4.3. Again according to your letter, your client has developed a new formulation for the FRH. This formulation was tested by an accredited laboratory, following the procedures in the UN Manual of Tests and Criteria. The test results indicate that the client's ration heater composition is not a Division 4.3 (Dangerous When Wet) material, and the results from an oxidizer test, UN Test Method 0.1, classed the material as a Division 5.1 (Oxidizer), Packing Group III, as defined by the UNIDOT criteria. You state that you understand that in accordance with the requirements in § 173.22 ofthe HMR, it is the responsibility ofthe shipper to properly class a hazardous material. You request PHMSA's approval to ship this new material formulation as an unregulated material, given its attached supporting documentation. Based on the information you provided, it is the opinion ofthis Office that your client's FRH device containing not more than 70-S0% manganese dioxide, 5-1S% magnesium, and 2-25% carbon black meets the definition of a Division 5.1 (Oxidizer) material, as detailed by the results ofUN Test Method 0.1. Your client's FRH is regulated for purposes oftransportation in#

Page 2commerce and must be shipped in conformance with the applicable requirements ofthe HMR and, therefore, may not be shipped as an unregulated material. I hope this information is helpful. Ifwe can be of further assistance, please contact us. Sincerely, lU~b~ harles E. Betts ief, Standards Development Office ofHazardous Materials Standards#

Page 3Name Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Monday, December 07,20098:31 AM To: Drakeford, Carolyn (PHMSA) Subject: FW: Letter of Interpretation Request for Tronox LLC Attachments: Tronox MSDS IHT US 2 2009 _2_.pdf; 2008Deo3DOT Ox report.pdf; 2009Mar26Stresau report .pdf lohn W. Hatmaker 405-775-5431 )irector Environment, Health & Safety 405-823-9628 john.hatmaker@tronox.com December 4. 2009 E-MAIL u.s. DOT PHMSA Office of Hazardous Materials Standards East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 Attn: Office of Standards (PU"H-I0) Subject: Requ~~t..fQr clarific<!tiQ.n oflIaz<!rdous M<!j:~rjal RegllJ<!tions (IIMRlJor lrallsportatiQllQf a Elam~l~ss Ration Heate.rlERHLcontaining a ne-,·yJQImulatiQU Attachments: 1. Material Safety Data Sheet (MSDS) 2. Stresau Laboratory Test Results per UN Manual ofTests and Criteria 3. Stresau Laboratory Test Results per UN Oxidizer Test Method 0.1 The Department ofDefense (DOD) transports Unitized Group Ration- Express, UGR-E, for providing hot meals to soldiers in the field. This unit is capable ofheating a meal that feeds 18 soldiers. The heating element in this unit is a Flameless Ration Heater, FRH. The present FRH's use magnesium-iron alloy powders that are activated'by aqueous sodium chloride to generate sufficient thermal energy to heat the food rations to ~ 140-1500F. The MglFe based FRH generates substantial amounts of flammable gases when tested with distilled water in accordance with the UN Manual ofTests and Criteria, to meet the definition of Packing Group I or II in class 4, Division 4.3. 1217/2009#

Page 4Name Page 2 of2 Tronox is entering a business arrangement with a client that has successfully developed a new formulation for the FRH. This formulation was tested by an accredited laboratory, Stresau Laboratory Inc., following the procedures in the UN Manual of Tests and Criteria. These results show that our client's ration heater composition is not a Division 4.3 Dangerous When Wet Material. A copy ofthe Stresau report is attached with this document along with the MSDS for this new formulation. Additionally, the results from a DOT Oxidizer test also performed by Stresau Laboratory (See attachment 3 above) yielded a Packing Group III classification for this material. We understand as described in sec 173.22 ofHMR: CFR Parts 171-180, that it is the obligation ofthe shipper to properly classify a material. Given the supporting documentations attached, we request your approval for shipping this new material formulation as unregulated under HMR. Ifthere are any questions concerning our request, please let us know to allow us to provide additional details and clarifications. Sincerely, John Hatmaker Director-Environment, Health & Safety Tronox, LLC P.O. Box 268859 Oklahoma City, OK 73126-8859 cc: S. Haigh J. Howard JWH Tronox Confidentiality Notice! Ifyou are not the intended recipient ofthis e-mail message, any use, distribution or copying of the message is prohibited. Please let me know immediately by return e-mail if you have received this message by mistake, then delete the e-mail message. Thank you. 12/7/2009#

Page 5Material Safety Data Sheet (US) 1. Identification Product Name: Tronox® IHT Chemical Name: Manganese dioxide, magnesium, and carbon black mixture Product Use: Flameless Ration Heater (FRH) Manufacturer: Tronox LLC. Address: 3301 NW 150th Street Oklahoma City, OK 73134 (US) www.tronox.com Emergency Telephone Number: 1-405-775-5000 (24-hours) US: CHEMTREC Emer enc Number: 1-800-424-9300 2. Hazards Identification Hazard Statements: Caution! Prevention: Inhaling dust can cause irritation to respiratory tract and may lead to "metal fume fever", a flu-like condition. This product is abrasive to the eyes and skin. Precautionary Statements It is not likely that dust will be generated when. used as intended however if dust is generated ensure effective ventilation. Avoid creating or breathing dust. Wear suitable protective gloves and clothing. Wash thoroughly after handling. Do not eat drink or smoke in work area. Use class-D agents or other suitable agent for Magnesium fires throughout containment. Response: Oxidizer, will undergo thermite ignition at temperatures around 650°C increasing intensity of a fire involving other materials. Storage: Store in a cool dry place separate from organic materials and other oxidizers. Disposal: Not regulated. 3. Composition/Information on Ingredients Component Manganese Dioxide Magnesium CAS Number 1313-13-9 7439-95-4 Weight % 70-80 5-18 Carbon Black 1333-86-4 2-25 See section 11 ofthis document for toxicological information. 4. First Aid Measures Eye: May cause mild mechanical irritation. Skin: May cause mild mechanical irritation. Wash affected areas with plenty of water, and soap if available, for several minutes. Remove and clean contaminated clothing and shoes. Seek medical attention if irritation develops or persists. Inhalation: Remove from area to fresh air. Seek medical attention if respiratory irritation develops or if breathing becomes difficult. Ingestion: Give 3-4 glasses of water, but DO NOT induce vomiting. If vomiting occurs, give fluids again. Get medical attention to determine whether vomiting or evacuation of stomach is necessary. Do not give anything by mouth to an unconscious or convulsing person IHT Page 1 of 4#

Page 6Note to physician: Chemical of exposure is manganese. Acute exposure can result in metal fume fever. Chronic exposure to dust can lead to manganism, a disease of the central nervous system, characterized by psychic neurologic disorders. Eye, skin, and respiratory diseases or disorders could be aggravated by repeated or prolonged exposure to the dust or fume from this substance. Iron deficiency may increase susceptibility to metal poisoning. 5, Fire Fighting Measures Material will undergo thermite ignition at temperatures around 650°C increasing the intensity of a fire involving other materials. Evacuate all unnecessary people upwind from the fire and smoke. Move containers from area if it can be done without risk. Cool fire-exposed containers with water from side. Extinguishing Media: Use class-D agents or other suitable agent for magnesium fires throughout containment. Fire Fighting Equipment: Wear a NIOSH-approved, positive-pressure self-contained breathing apparatus and full protective gear. ~ 6. Accidental Release Measures Wear appropriate Personal Protective Equipment. Avoid breathing dust. Avoid contact with eyes, skin and clothing. Prevent spread of material and keep dust level down as much as possible. Take up mechanically. On Land: Shovel up or vacuum up using a vacuum cleaner with an efficient filter. Dispose of all contaminants according to federal, state, and local regulations. In Water: Recover as much as practical and dispose of waste at an industrial waste site. 7. Handling and Storage Handling: Use with ventilation that will keep any dust concentration below the exposure limits. Keep container closed. Do not allow dust or powder to accumulate on equipment or building surfaces. Storage: Store in a cool dry place separate from organic materials and other oxidizers. 8. Exposure Controls/ Personal Protection Use process enclosures, local exhaust ventilation, or other engi"neering controls to control airborne levels below recommended exposure limits. COMPONENT OSHA PEL ACGIH TLV TWA STEL TWA STEL Manganese compounds, as Mn 5 mg/m" N/E 0.2 mg/m" N/E Magnesium, as magnesium oxide 15 mg/m" N/E 10 mg/m" N/E Carbon Black 3.5 mg/m" N/E 3.5 mg/m" N/E Engineering Controls: Provide local exhaust ventilation system to meet exposure limits. Personal Protective Equipment (PPE) Standard precautionary measures should be observed for the handling of chemicals. Hand and Skin Protection: Wear suitable protective gloves and clothing. Eye Protection: Wear safety glasses with side shields or vented safety goggles. Have eyewash stations available where eye contact can occur. Respiratory Protection: When handling observe usual precautionary measures to avoid dust formation. In operations where exposure limits are exceeded use an approved respirator selected by a technically qualified person for the speCific work conditions. General: Do not eat drink or smoke in work area. Practice good personal hygiene after using this material. 9. Physical and Chemical Properties IHT Page 2 of4#

Page 7State: Solid (powder) Color: Blackl grey Odor: None Melting Point DC: 650 Bulk Density, Ib/cu. Ft: 84.7 Specific Gravity @ 20°C: 5 Water Solubility: Insoluble pH: N/A 10. Stability and Reactivity Stable at ordinary temperatures and pressures but may undergo thermite ignition at temperatures around 650°C. Material will react with water to generate heat if added and mainta,ined at a specific stoichiometric ratio but will not explode or ignite. Incompatibilities: Organic materials, combustible materials, and strong oxidizers. Hazardous Decomposition Products: When subjected to intense heat, temperature above 535 "C, it will release oxygen which would increase the intensity of a fire. Conditions to avoid: Incompatible materials and intense heat. 11. Toxicologicallnformalion FORUGR-E: Oral Toxicity: Independent laboratory evaluations conducted is accordance with 49 CFR 173.132 Department of Transportation testing procedures to determine acute oral toxicity characteristics found a zero mortality rate in rats at a dosing level of 300mg/kg after 14 days. Dermal Toxicity: Independent laboratory evaluations conducted is accordance with 49 CFR 173.132 Department of Transportation testing procedures to determine acute dermal toxicity characteristics found a zero mortality rate in rabbits at a dosing level of 1000mg/kg after 14 days. However, some specimens did experience redness and irritation to the skin at area of contact. Carbon black, a component of this mixture has been classified by the IARC to be "possibly carcinogenic to humans" (Category 2B). However, OSHA lists carbon black as non-carcinogenic. For manganese dioxide: RTECS OP0350000 Oral lD50 (rat) >3,478 mg/kg Inhalation TClo (mouse) 49 mg/m317 H (750 pre/1-18D preg) Inhalation TClo (rat) 1,800 og/m3/24 H/35D-C Intravenous lDlo (rabbit) 45 mg/kg Intratracheal lDlo (rat) 50 mg/kg Subcutaneous lD50 (mouse) 422 mg/kg For magnesium metal and magnesium oxide: No LD50/lC50 information available relating to normal routes of occupational exposure. For carbon black: RTECS FF5800000 Oral lD50 (rat) ............................... >15,400mg/kg Dermal LD50 (rabbit) ................... >3000 mg/kg 12. Ecological Information None available 13. Disposal Considerations Examine possibilities for re-utilization. United States RCRA Waste Code: Not regulated. Dispose of in approved industrial waste landfill. Observe all applicable federal, state, and local regulations. IHT Page 3 of4#

Page 814. Transportation Information United States: Not regulated 15. Regulatory Information United States OSHA Hazard Communication Standard (29 CFR 1910.1200): Manganese compounds, Hazardous Safe Drinking Water Act- Secondary Maximum Contaminant levels: Manganese, 0.05mg/l SARA Extremely Hazardous Substances (40 CFR 355): N/A SARA Hazard Category (40 CFR 370): Acute, Chronic, Fire SARA Toxic Chemicals (40 CFR 372): Manganese, 92% Workplace Hazardous Materials Information System (CPR Section 33): Controlled Product; Class D2B Inventory Status: This material meets requirements described in 40 CFR CH. 1710.3 for categorization as a mixture. Individual components of this mixture are listed on the US TSCA Chemical Substance Inventory and the Canadian Domestic Substances List. Toxic Substance Control Act- No specific regulations apply CERCLAISUPERFUND (40 CFR 117, 302): Listed, release reporting is not required State Regulations California Hazardous Substance list; Manganese compounds, magnesium, and Carbon black California OEls, Airborne Contaminants, Manganese compounds (0.2mg/m\ carbon black (3.5mg/ m3 ) California Proposition 65; Carbon black Connecticut Hazardous Material Survey; Magnesium Illinois Toxic Substances Disclosure to Employees and Chemical Safety Acts; Manganese compounds and carbon black Indiana Occupational Health and Safety Standard; manganese compounds and carbon black Kentucky Occupational Health and Safety Standard; manganese compounds and carbon black louisiana Spill Reporting; Manganese compounds RQ 100lb into atmosphere Massachusetts Right to Know Substance List; Magnesium and carbon black Minnesota Hazardous Substance List; Manganese Compounds and carbon black North Carolina Exposure Limits for Air Contaminants; Manganese compounds and carbon black New Jersey Right to Know Lists, Manganese compounds Substance No. 1157, carbon black Substance No. 0342 Oregon Rules for Air Contaminants; Manganese compounds (0.5mg/m3 ceiling limit), carbon black (3.Smgl m 3 ) Pennsylvania Right to Know Hazardous Substance; Magnesium and carbon black Rhode Island Hazardous Substance List; Manganese and magnesium and carbon black Texas Effects Screening levels; Manganese dust (2IJg/m\ carbon black (3.Smgl m 3) 16. Other Information HMIS Rating Health Flammability Physical Hazards Personal Protection: 1 (Chronic) 1 2 This document was prepared based on current knowledge and experience for the purpose of communicating Health, Safety, and Environmental information related to the proper handling of this product. This document does not imply any guarantee of product composition, properties, or performance. This safety data sheet replaces all previous information. United States Material Safety Data Sheet Date Created: 4 December 2009 Authored by: MSDS Authoring Team I IHT Page 4 of4#