Kajuligan Corporation — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration Mr. Clifford Croft Director of Regulatory Compliance Kajuligan Corporation 1533 Kirkwood Drive Geneva, IL 60134 Reference No. 11-0141 Dear Mr. Croft: This is in response to your March 22, 2011 letter, postmarked June 30, 2011, and subsequent July 13, 2011 telephone conversation on behalf of your client with a member of my staff concerning "Aseptic are TB+II," a cleaner and disinfectant. You enclosed a material safety data sheet (MSDS) that states this product contains by volume: 73 percent water; 21 percent "Propan-2-01" alcohol, 2 percent "2-butoxyethanol;" 0.154 percent "alkyl dimethyl benzyl ammonium chloride;" and 0.154 percent "quarternary ammonium compounds, benzyl-c12-18-alkyldimethyl, chlorides." The MSDS also states the product has a flash point of 30°C (86 OF) and a boiling point greater than 35 DC (95 OF). Specifically, you ask if Asepticare TB+II is excepted from regulation in all modes of transportation under § 173.150( e) of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We have paraphrased your questions and answered them in the order you provided. QI. Does the Pipeline and Hazardous Materials Safety Administration (PHMSA) agree that Asepticare TB+II is not subject to regulation under the HMR because the components in this product conform with the exceptions in § 173.150( e)1 The MSDS you provided states the product is not regulated under the HMR. In addition, per a discussion with PHMSA staff, you state you discussed with your staff that undiluted propan-o-l may be described as a "UN 1219, Isopropanol, 3 (flammable liquid), Packing Group (PG) III" under the HMR, but 2-butoxyethanol has an oral toxicity LD50 value of 470 mg/kg (rat), which you state means it does not meet the definition for a Division 6.1 (poisonous) material under the HMR. AI. The answer is no. Section 173. 150(e) permits an aqueous solution containing 24 percent or less alcohol by volume and no other hazardous material to be either reclassed as a combustible liquid or excepted from regulation under the HMR if it contains 50 percent or more water. Although your client's solution contains 24 percent or less alcohol by volume and more than 50 percent water, based on the information you provided your client's solution also contains 1) 5 percent of "UN 2810, Toxic liquid, organic, n.o.s. (2-butoxyethanol), 6.1 (poisonous) PG III;" 2)#

Page 20.154 percent "UN 2922, Corrosive liquid, toxic, n.o.s. (alkyl dimethyl benzyl ammonium chloride), 8,6.1, PG III; "and 3) 0.154 percent of"quarternary ammonium compounds, benzyl-c12-18-alkyldimethyl, chlorides," a substance that may be regulated as a pesticide under the Environmental Protection Agency's Toxic Substances and Control Act (TSCA). For more information on the EPA's TSCA regulations concerning pesticides, you may wish to contact its Office of PoHution Prevention and Toxics at telephone number (202) 564-3810, or their information service at telephone number (202) 554-1404. 02. Does the exception prescribed in § 173.150(e)(2) apply to domestic air transportation? A2. The answer is yes. The HMR applies to the domestic transportation of hazardous materials by &ircraft in commerce to, from and within the United States. However, most aircraft carriers prefer to comply with the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transportation of Dangerous Goods by Air (Technical Instructions). The HMR authorizes compliance with these instructions provided the provisions prescribed in 49 CFR Part 171, Subpart C, are met. Further, the ICAO Technical Instructions also except from regulation aqueous solutions that contain 24 percent or less alcohol by volume (see Part 3, Chapter 3, Table 3-2 (Special Provisions». 03. Is Asepticare TB+II excepted from regulation under the HMR because it is an aqueous solution of alcohol or because it is reclassed as a combustible liquid? A3. Based on the information you provided, Asepticare TB+II is not excepted from regulation under the HMR. It does not meet the criteria for an aqueous solution containing 24 percent or less alcohol by volume because it contains other hazardous materials that are not alcohols. In addition, it does not meet the definition of a combustible liquid because it has a flash point of 86 OF and contains other hazardous materials. A "combustible liquid" is a material that has a flash point above 60°C (140 oF) and below 93 OC (200 OF) that does not meet the definition of any other HMR hazard class (see § 173.120(b)(1». A flammable liquid may be reclassed as a combustible liquid provided it has a flash point at or above 38°C (100 OF) but not exceeding 60 °C (140 oF) and also does not meet the definition of any other HMR hazard class (see § 173.120(b)(2». 2#

Page 304. IfAsepticare TB+II is shipped by aircraft, does the packaging have to meet the general requirements for transportation by aircraft prescribed in § 173.27? A4. The answer is yes. All hazardous materials transported by aircraft must conform to the general requirements for transporting hazardous materials by aircraft prescribed § 173.27, as well as all other applicable requirements under the HMR. 05. Does the flashpoint of Asepticare TB+II have anything to do with the exception for aqueous solutions of alcohol prescribed in § 173.150(e)(2)? AS. The answer is no. See Answer AI. I hope this satisfies your request. Sincerely, r-7~~~~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 3#

Page 4Bd~6n ~ 113· 150@) ~ 172>·""1 . . Kajuligan Corporation :4t7oJ,ctth.l,~ 1533 Kirkwood Drive, (ferlwa, IL 60134 11-b14 J March 22, 2011 U.S. DOT PHMSA Office ofHazardous Materials Standards Attn: PHH-IO East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 I am requesting a written formal interpretation for 49CFR 173 .150( e). It is my understanding that if! have a product that is less than 24% alcohol with no other hazardous materials and more than 50% water it is not regulated domestically by all modes oftransportation. The product Asepticare TB+II contains Isopropanol 21% and 73% water with no other hazardous materials. It is my understanding under 49CFR 173. 150(e)(2) that an aqueous solution ofalcohol with less than 24% is not regulated by all modes oftransportation as long as it contains no less than 50% water regardless ofthe flashpoint. . Based on the components ofthis product would you agree that it is excepted from the HMR under 173.150(e)? Does the exception 173.150( e) apply to domestic air transportation? Is the material excepted from the HMR because it is an aqueous solution ofalcohol or because it is rec1assed as combustible? If we ship by air does the packaging have to meet 173.27? Does the flashpoint have anything to do with the exception for aqueous solutions of alcohol? I have seen other interpretations stating this type ofproduct is not subject to the HMR but the flashpoint on the letter of interpretation is higher than the flashpoint ofthe product in question. Ifyou require any additional information please let me know. Sincerely, 114 Clifford Croft Director ofRegulatory Compliance Kajuligan Corp. Phone: 630·215-4509 Fax: 913-339·9779 Phone: 913·522·1036#

Page 5Material Safety Data Sheet ASEPTICARE T8+11 Section 1. Chemical product and company identificatlon Trade name Product use Supplier Code Date of issue EPA Registration No. : ASEPTICARE TB+\I Cleaner and disinfectant Ecolab Inc. Professional Products Division 370 N. Wabasha St. st. Paul. MN 55102 1-800-247-5362 938357 OB-March-2006 1130-15.1677 EMERGENCY HEALTH INFORMATION: 1·BOO·32B-0026 Outside United States and Canada CALL 1-651-222-5352 (in USA) !Section 2. Composition, information on ingredients Name CAS number % by weight propan-2-o1 67-63-0 21 2 -butoxyethanol 111-76-2 5 alkyl dimethyl benzyl ammonium chloride 8001-54-5 0.154 quaternary ammonium compounds. benzyl-c12-18-alkyldimethyl. chlorides 68391-01-5 0.154 Section 3. Hazards identification Physical state Liquid. (Liquid.) Emergency CAUTION I overview HARMFUL IF INHALED OR ABSORBED THROUGH SKIN. CAUSES EYE IRRITATION. FLAMMABLE LIQUID AND VAPOR. VAPOR MAY CAUSE FLASH FIRE. Avoid contact with eyes. skin and clothing. Avoid breathing vapor or mist. Keep away from heat, sparks and flame. Keep container closed. Use only with adequate ventilation. Wash thoroughly after handling. Potential acute health effects Eyes Moderately irritating to eyes. Skin : Moderately irritating to the skin. Inhalation : Moderately irritating to the respiratory system. Ingestion : No known Significant effects or critical hazards. See toxicological information (section 11) ISection 4. First aid measures Eye contact Skin contact Inhalation Ingestion In case of contact, immediately flush eyes with cool running water. Remove contact lenses and continue flushing with plenty of water for at least 15 minutes. Check for and remove any contact lenses. Get medical attention. Remove contaminated clothing and shoes. Rinse with plenty of running water. Wash clothing before reuse. Get medical attention if irritation occurs. If inhaled. remove to fresh air. Do not induce vomiting. Never give anything by mouth to an unconscious person. If irritation persists. get medical attention.#

Page 6IASEPTICARE TB+/I Page: 214 ISection 5. Fire fighting measures Flash point Fire-fighting media and instructions : 30°C (Closed cup) In case of fire, use water spray (fog), foam, dry chemical, or C02. Dike liquid for later disposal. Flammable liquid and vapor. Vapor may cause flash fire. Vapors may accumulate in low or confined areas or travel a considerable distance to a source of ignition and flash back. Runoff to sewer may create fire or explosion hazard. Special protective equipment : Fire-fighters should wear appropriate protective equipment and self-contained for fire-fighters breathing apparatus (SCBA) with a full face-piece operated in positive pressure mode. ISection 6. Accidental release measures Personal precautions Environmental precautions Methods for cleaning up Immediately contact emergency personnel. Eliminate all ignition sources. Keep unnecessary personnel away. Use suitable protective equipment. Do not touch or walk through spilled material. Avoid dispersal of spilled material and runoff and contact with soil, waterways, drains and sewers. If emergency personnel are unavailable, contain spilled material. For small spills, add absorbent (soil may be used in the absence of other suitable materials) and use a non-sparking or explosion-proof means to transfer material to a sealable, appropriate container for disposal. For large spills, dike spilled material or otherwise contain material to ensure ruhoff does not reach a waterway. Place spilled material in an appropriate container for disposal. ISection 7. Handling and storage Handling Avoid contact with eyes, skin and clothing. Keep container closed. Use only with adequate ventilation. Avoid breathing vapor or mist. Keep away from heat, sparks and flame. To avoid fire or explosion, dissipate static electricity during transfer by grounding and bonding containers and equipment before transferring material. Use explosion-proof electrical (ventilating, lighting and material handling) equipment. Wash thoroughly after handling. Storage Keep out of the reach of children. Store in a segregated and approved area. Keep container in a cool, well-ventilated area. Keep container tightly closed and sealed until ready for use. Avoid all possible sources of ignition (spark or flame). Do not store above 40"C ISection 8. Exposure controls, personal protection Engineering controls Personal protection Eyes Hands Skin Respiratory Name propan-2-01 2-butoxyethanol Provide exhaust ventilation or other engineering controls to keep the airborne concentrations of vapors below their respective occupational exposure limits. Eye protection recommended. Use chemical-resistant, impervious gloves. Wear suitable protective clothing. Avoid breathing vapors, spray or mists. Exposure limits ACGIH TLV (United States, 1/2005). STEL: 400 ppm 15 minute/minutes. Form: All forms TWA: 200 ppm 8 hour(s). Form: All forms OSHA PEL (United States, 8/1997). TWA: 980 mg/m3 8 hour(s). Form: All forms TWA: 400 ppm 8 hour(s). Form: All forms NIOSH REL (United States, 1212001). STEL: 1225 mg/m3 15 minute/minutes. Form: All forms STEL: 500 ppm 15 minute/minutes. Form: All forms TWA: 960 mg/m3 10 hour(s). Form: All forms TWA: 400 ppm 10 hour{s). Form: All forms ACGIH TLV (United States, 1/2005). TWA: 20 ppm 8 hour(s). Form: All forms QSHA PEL (United States, 8/1997,. Skin#

Page 7IASEPTICARE TS+I/ Page: 314 TWA: 240 mg/m3 8 hour(s). Form: All forms TWA: 50 ppm 8 hour(s). Form: All forms ISection 9. Physical and chemical properties Physical state Liquid. (Liquid.) Color Clear. Odor Alcohol-like. pH 7 (100%) Bolling/condensation >35°C point Specific gravity 0.96 (Water = 1) !Section 10. Stability and reactivity Stability : The product is stable. Section 11. Toxicological information Potential acute health effects Eyes Moderately irritating to eyes. Skin Moderately irritating to the skin. Inhalation : Moderately irritating to the respiratory system. Ingestion : No known Significant effects or critical hazards. Chronic effects on Contains material which causes damage to the following organs: blood, kidney~, liver, humans lymphatic system, upper respiratory tract, skin, central nervous system (CNS), eye, lens or cornea. ISection 12. Ecological information Products of degradation : These productl) are carbon oxides (CO. C02) and water. ISection 13. Disposal considerations Waste disposal The generation of waste should be avoided or minimized wherever possible. Avoid dispersal of spilled material and runoff and contact with soil, waterways\ drains and sewers. Disposal of this product, solutions and any by-products should at all times comply with the requirements of environmental protection and waste disposal legislation and any regional local authority requirements. Unused product is 0001 (Ignitable) Waste classification Consult your local or regional authorities. ISection 14. Transport information .... -. regUlatOry IUN number Proper shipping name Class infonnation ...-~. Packing Additional information group I lOOT ,I Not 1­- Classification regulated. - - APPLIES ONLY DURING ROAD TRANSPORT Any variation of the shipping description based on the packaging is not addressed.#

Page 8IASEPTICARE T8+11 Page: 414 ISection 15. Regulatory information HCS Classification Flammable liquid Irritating material Target organ effects U.S. Federal regulations SARA 302/304/311/312 extremely hazardous substances: No products were found. SARA 302/304 emergency planning and notification: No products were found. TSCA 8(b) inventory All materials are listed or exempt. SARA 313 Product name Concentration Form R - Reporting requirements : 2-butoxyethanol 5 California Prop. 65 No products were found. EPA Registration No. : 1130-15-1677 ISection 16. Other information Hazardous Material ~w~ Information System (U.S.A.) 3 ~~~~~,};/ .~ Fire hazard Reactivity :0 ! Personal protection Date of issue Responsible name Regulatory Affairs Date of previous issue 08-March-2006. Notice to reader The above information is believed to be correct with respect to the formula used to manufacture the product in the country of origin. As data, standards, and regulations change, and conditions of use and handling are beyond our control, NO WARRANTY, EXPRESS OR IMPLlED,IS MADE AS TO THE COMPLETENESS OR CONTINUING ACCURACY OF THIS INFORMATION.#