Syngenta — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave. SE Washington. D.C. 20590 Pipeline and Hazardous Materials Safety Administration DEC - 6 2010 Mr. Eric Kelly Syngenta P.O. Box 13800 Greensboro, NC 27419 Reference No. 10-0130 Dear Mr. Kelly, This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of your product, Dual Magnum. You state your product does not meet the definition of any of the hazard classes specified in the HMR. You also state that because your product contains naphthalene «= 1%), which is listed in the Hazardous Substance Table in appendix A to the § 172.101 Hazardous Materials Table (HMT), it is regulated as a Class 9 material only when the quantity of naphthalene in a single container equals or exceeds the reportable quantity (RQ) of 100 lbs. per package as indicated in the Hazardous Substance Table. You ask whether your understanding is correct that your product is not subject to the HMR unless the naphthalene meets the RQ of 100 lbs. per package. You further ask whether transporting this product would require the use of a special permit (DOT-SP L2412). As provided in § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This office generally does not perform this function. However, based on the information provided, if your product does not meet the definition of any of the hazard classes in Part 173, does not meet the RQ (100 lbs. in this case) for the material, and is not a hazardous waste or marine pollutant (see § 171.8), then you are understandingthat it is not subjectto the HMR is correct; As provided-in § 171.8, the term "hazardous material" includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the HMT (see § 172.101), and materials that meet the defining criteria for hazard classes and divisions in Part 173 of Subchapter C of the HMR. Based on the information provided in your email,itappearsthat your product, Dual Magnum, is not regulated under the HMR. To be classified as a hazardous substance, a material would have to meet the definition of a hazardous substance in § 171.8 which states that a hazardous substance means a material, including its mixtures and solutions, that#

Page 2(1) Is listed in the appendix A to § 172.10 1 of this subchapter; (2) Is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in the appendix A to §172.101 of this subchapter; and (3) When in a mixture or solution(i) For radionuclides, conforms to paragraph 7 of the appendix A to §172.101. (ii) For other than radionuclides, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the following table: I Concentration by weight RQ pounds (kilograms) Percent PPM 5000 (2270) 10 100,000 11000 (454) 2 20,000 100 (45.4) 0.2 2,000 10 (4.54) 0.02 200 1 (0.454) 0.002 20 The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in appendix A to §172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). However, it should be noted that a material can meet the Class 9 definition for reasons other than being a hazardous substance. A Class 9 material is defined as a material that presents a hazard during transportation but does not meet the definition of any other hazard class (see § 173.140). With regard to your question concerning special permit DOT-SP 12412, applying for a special permit is not applicable to a material that is not regulated under the HMR. I hope this information is helpful. Please contact this office should you have additional questions. Sincerely, -7~~~:-~- T. Glenn Foster Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 3Drakeford, Carolyn (PHMSA) From: Drakeford, Carolyn (PHMSA) 10- 013U Sent: Thursday, June 24,20102:49 PM To: 'Eric Kelly' Subject: RE: Interpretation of DOT's definition of a liquid hazardous material Thank you -----Original Message----From: Eric Kelly [mailto:Eric.Kelly@SSCOOP.COM] Sent: Thursday, June 24, 2818 2:48 PM To: Drakeford, Carolyn (PHMSA) Subject: RE: Interpretation of DOT's definition of a liquid hazardous material Southern States Cooperative, Inc. 6686 West Broad Street P.O. Box 26234 Richmond, VA 23268 (884) 281-1584 -----Original Message----From: carolyn.drakeford@dot.gov [mailto:carolyn.drakeford@dot.gov] Sent: Thursday, June 24, 2818 2:19 PM To: Eric Kelly Subject: RE: Interpretation of DOT's definition of a liquid hazardous material Can you please send me your address and telephone? -----Original Message----From: INFOCNTR (PHMSA) Sent: Thursday, June 17, 2818 8:47 AM To: Drakeford, Carolyn (PHMSA) Subject: FW: Interpretation of DOT's definition of a liquid hazardous material Carolyn, Thanks, Rob This gentleman would like an official interpretation on the issue below. -----Original Message----From: Eric Kelly [mailto:Eric.Kelly@SSCOOP.COM] Sent: Wednesday, June 16, 2818 3:87 PM To: INFOCNTR (PHMSA) Cc: Tracy Fleming; Jim Wright Subject: Interpretation of DOT's definition of a liquid hazardous material Completed via phone by RB on 6/16 @3:19 am This is a follow-up to my telephone discussion yesterday with an OHMS representative concerning the subject issue. Please review my interpretation of a DOT regulated liquid hazardous material as it pertains to DOT-SP 12412 (copy attached). 1#

Page 4In reviewing the characteristics of a product for determination of DOT regulation applicabilitYJ I conclude that a liquid mixture/solution that doesn't meet any other identified hazard class (1-8)J becomes a Class 9 regulated hazardous material only when it equals or exceeds the RQ of a hazardous substance defined in DOT's Appendix A. For example: Based on the documented characteristics of the product Dual Magnum (MSOS attached)J this product does not meet DOT's definition of a hazard Class 1 thru 8. HoweverJ due to the existence of naphthalene «=1%) in this productJ it does meet ~OT's definition of a Class 9 Miscellaneous Hazardous Material when the pounds of naphthalene in a single container equals or exceeds DOT's Appendix A defined RQ of 100 lbs. (or 1J700 gallons of Dual Magnum in this example). Would you concur with this interpretation of the regulation in determining that this product is not a DOT regulated liquid hazardous material requiring use of OOT-SP 12412 until the defined RQ is met? (lJ700 gallons contained in one tank per the example above) Please advise. Thanks ... «SP12412_2006126418.pdf» «OualMagnumMSOS.pdf» 2#

Page 5syngenta MATERIAL SAFETY DATA SHEET Syngenta Crop Protection, Inc. In Case of Emergency, Call Post Office Box 18300 1-800-888-8372 Greensboro, NC 27419 1. PRODUCT IDENTIFICATION Product Name: DUAL MAGNUM Product No.: A9793D EPA Signal Word: Caution Active Ingredient(%): s-Metolachlor (83.7%) CAS No.: 87392-12-9 Chemical Name: Acetamide, 2-chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl], (S) Chemical Class: Chloroacetanilide Herbicide EPA Registration Number(s): 100-816 Section(s) Revised: 2, 3, 8, 13, 15 2. HAZARDS IDENTIFICATION Health and Environmental Harmful if inhaled. May be harmful if swallowed or in contact with skin. May cause sensitization by skin contact. Vapors may cause drowiness and dizziness. Hazardous Decomposition Products May decompose at high temperatures forming toxic gases. Physical Properties Appearance: Golden brown liquid Odor: Sweet Unusual Fire, Explosion and Reactivity Hazards During a fire, irritating and possibly toxic gases may be generated by thermal decomposition or combustion. 3. COMPOSITION/INFORMATION ON INGREDIENTS Material OSHA PEL Other Carcinogen NTP/LARC/OSHA Petroleum Solvent Not Established Not Established Not Established No 1,2,4-Trimethylbenzene (<= 1%) Not Established 25 ppm TWA 25 ppm TWA** No. Naphthalene (<= 1%) 10 ppm TWA 10 ppm TWA (skin) 10 ppm TWA ** See "Toxicity", Sec. s-Metolachlor (83.7%) Not Established Not Established 10 mg/m TWA*** No 11 ** recommended by NIOSH *** Syngenta Occupational Exposure Limit (OEL) Syngenta Hazard Category: C, S Ingredients not precisely identified are proprietary or non-hazardous. Values are not product specifications. 4. FIRST AID MEASURES Have the product container, label or Material Safety Data Sheet with you when calling Syngenta (800-888-8372), a poison contol center or doctor, or going for treatment. Product Name: DUAL MAGNUM Page: 1#

Page 6Ingestion: Ifswallowed: Call Syngenta (800-888-8372), a poison control center or doctor immediately for treatment advice. Do not give any liquid to the person. Do not induce vomiting unless told to do so after calling 800-8888372 or by a poison control center or doctor. Do not give anything by mouth to an unconscious person. Eye Contact: Ifin eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after 5 minutes, then continue rinsing eye. Call Syngenta (800-888-8372), a poison control center or doctor for treatment advice. Skin Contact: Ifon skin or clothing: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. Call Syngenta (800-888-8372), a poison control center or doctor for treatment advice. Inhalation: If inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth ifpossible. Call Syngenta (800-888-8372), a poison control center or doctor for further treatment advice. Notes to Physician There is no specific antidote if this product is ingested. Treat symptomatically. Persons suffering a temporary allergic reaction may respond to treatment with antihistamines or steroid creams and/or systemic steroids. Contains petroleum distillate - vomiting may cause aspiration pneumonia. Medical Condition Likely to be Aggravated by Exposure None known. L-Is_, F_I_RE_F_IG_H_T_I_N_G_M_E_A_S_U_RE_S ___________________ ...~ Fire and Explosion Flash Point (Test Method): > 200°F (Setaflash) Flammable Limits (% in Air): Lower: Not Applicable Autoignition Temperature: Not Available Flammability: Not Applicable Unusual Fire, Explosion and Reactivity Hazards During a fire, irritating and possibly toxic gases may be generated by thermal decomposition or combustion. In Case ofFire Use dry chemical, foam or C02 extinguishing media. Wear full protective clothing and self-contained breathing apparatus. Evacuate nonessential personnel from the area to prevent human exposure to fire, smoke, fumes or products of combustion. Prevent use of contaminated buildings, area, and equipment until decontaminated. Water runoff can cause environmental damage. Ifwater is used to fight fire, dike and collect runoff. 16, ACCIDENTAL RELEASE MEASURES In Case of Spill or Leak Control the spill at its source. Contain the spill to prevent from spreading or contaminating soil or from entering sewage and drainage systems or any body of water. Clean up spills immediately, observing precautions outlined in Section 8. Cover entire spill with absorbing material and place into compatible disposal container. Scrub area with hard water detergent (e.g. commercial products such as Tide, Joy, Spic and Span). Pick up wash liquid with additional absorbent and place into compatible disposal container. Once all material is cleaned up and placed in a disposal container, seal container and arrange for disposition. 17. HANDLING AND STORAGE Upper: Not Applicable Store the material in a well-ventilated, secure area out ofreach of children and domestic animals. Do not store food, beverages or tobacco products in the storage area. Prevent eating, drinking, tobacco use, and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. Is. EXPOSURE CONTROLS/PERSONAL PROTECTION Product Name: DUAL MAGNUM Page: 2#

Page 7THE FOLLOWING RECOMMENDATIONS FOR EXPOSURE CONTROLS/PERSONAL PROTECTION ARE INTENDED FOR THE MANUFACTURE, FORMULATION, PACKAGING AND USE OF THIS PRODUCT. FOR COMMERCIAL APPLICATIONS AND/OR ON-FARM APPLICATIONS CONSUL TTHE PRODUCT LABEL. Ingestion: Eye Contact: Skin Contact: Inhalation: Prevent eating, drinking, tobacco usage and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling. Where eye contact is likely, use chemical splash goggles. Facilities storing or utilizing this material should be equipped with an eyewash facility and a safety shower. Where contact is likely, wear chemical-resistant gloves (such as barrier laminate, butyl rubber, nitrile rubber or Viton), coveralls, socks and chemical-resistant footwear. A respirator is not normally required when handling this substance. Use effective engineering controls to comply with occupational exposure limits. In case of emergency spills, use a NIOSH approved respirator with any R, P or HE filter. \9. PHYSICAL AND CHEMICAL PROPERTIES Appearance: Golden brown liquid Odor: Sweet Melting Point: Not Applicable Boiling Point: Not Available Specific Gravity/Density: 1.09 g/cm3 @ 68°F (20°C) pH: 5.5 (1 % solution in H20 @ 77°F (25°C» Solubility in H20 s-Metolachlor: Vapor Pressure s-Metolachlor: 2.8 x 1 0(-5) mmHg @ 77°F (25°C) \10. STABILITY AND REACTIVITY Stability: Stable under normal use and storage conditions. Hazardous Polymerization: Will not occur. Conditions to A void: None known. Materials to Avoid: None known. Hazardous Decomposition Products: May decompose at high temperatures forming toxic gases. 11. TOXICOLOGICAL INFORMATION Acute Toxicity/Irritation Studies (Finished Product) Ingestion: Dermal: Oral (LD50 Rat) : 3425 mg/kg body weight Dermal (LD50 Rabbit) Inhalation: Inhalation (LC50 Rat) : Eye Contact: Moderately Irritating (Rabbit) Skin Contact: Slightly Irritating (Rabbit) Skin Sensitization: Sensitizing (Guinea Pig) > 2000 mg!kg body weight > 2.61 mg!l air - 4 hours ReproductivelDevelopmental Effects s-Metolachlor: None observed. Product Name: DUAL MAGNUM Page: 3#

Page 8Chronic/Subchronic Toxicity Studies s-Metolachlor: None observed. Carcinogenicity s-Metolachlor: Benign liver tumors at high dose levels (female rats). Other Toxicity Information None Toxicity of Other Components 1,2,4-Trimethylbenzene «= 1%) Test results reported in Section II for the final product take into account any acute hazards related to the 1,2,4trimethylbenzene in the formulation. Naphthalene «= 1%) Test results reported in Section 11 for the final product take into account any acute hazards related to the naphthalene in the formulation. Chronic overexposure to naphthalene can affect the liver, kidney, respiratory tract and blood. Carcinogen Status: NTP: Anticipated Carcinogen IARC: Group 2B Possible Human Carcinogen Petroleum Solvent May cause irritation to the eyes, skin and respiratory system. Excessive inhalation causes headache, dizziness, nausea and loss ofmotor skills. Target Organs Active Ingredients s-Metolachlor: Liver Inert Ingredients 1,2,4-Trimethylbenzene: Not Applicable Naphthalene: Liver, kidney, respiratory tract, blood Petroleum Solvent: Eye, skin, respiratory system, central nervous system Summary of Effects s-Metolachlor: Very toxic to aquatic life. Ecotoxicity Effects s-Metolachlor: Fish (Rainbow Trout) 96-hour LC50 11.9 ppm Green Algae 5-day EC50 0.008 ppm Bird (Bobwhite Quail) LD50 Oral> 2510 mglkg Invertebrate (Water Flea) 48-hour EC50 26 ppm Environmental Fate s-Metolachlor: The information presented here is for the active ingredient, s-metolachlor. Low bioaccumulation potential. Not persistent in soil. Stable in water. Sinks in water (after 24 h). 113.DISPOS~~ CONSIDERATIONS Disposal Product Name: DUAL MAGNUM Page: 4#

Page 9Do not reuse product containers. Dispose ofproduct containers, waste containers, and residues according to local, state, and federal health and environmental regulations. Characteristic Waste: Not Applicable Listed Waste: Contains Naphthalene Ul65 DOT Classification Ground Transport - NAFT A Packages < 1700 gal. - Not regulated. Packages> 1700 gal. Proper Shipping Name: RQ Other Regulated Substances, Liquid, N.O.S. (Naphthalene) Hazard Class or Division: Class 9 Identification Number: NA 3082 Packing Group: PG III Air Transport - NAFT A Packages < 1700 gal. - Not regulated. B/L Freight Classification Herbicides, NOI (NMC Class 60) Comments Water Transport International Proper Shipping Name: < 1700 gal. Environmentally Hazardous Substance, Liquid, N.O.S. (s-Metolachlor), Marine Pollutant > 1700 gal. RQ Environmentally Hazardous Substance, Liquid, N.O.S. (s-Metolachlor, Naphthalene), Marine Pollutant Hazard Class or Division: Class 9 Identification Number: UN 3082 Packing Group: PG III IMDG EMS #: F-A, S-F Air Transport - International Proper Shipping Name: Environmentally Hazardous Substance, Liquid, N.O.S. (s-Metolachlor) Hazard Class or Division: Class 9 Identification Number: UN 3082 Packing Group: PG III Packing Auth.: 914 Special Provision A97 Note: Max. inner package: plastic - 5 liters, metal - 10 liters Max. single package: 450 liters 115. REGULATORY INFORMATION EPCRA SARA Title III Classification Section 3111312 Hazard Classes: Section 313 Toxic Chemicals: Acute Health Hazard Chronic Health Hazard 1,2,4-Trimethylbenzene «= 1%) (CAS No. 95-63-6) Naphthalene «= 1%) (CAS No. 91-20-3) California Proposition 65 Not Applicable CERCLAISARA 302 Reportable Quantity (RQ) Report product spills> 1,700 gal. (based on naphthalene [RQ = 100 Ibs.] content in the formulation) RCRA Hazardous Waste Classification (40 CFR 261) Product Name: DUAL MAGNUM Page: 5#