Perkins Coie — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, D.C. 20590 SEP 2 5 2012 Mr. Christopher J. Sutton Perkins Coie 1900 Sixteenth Street, Suite 1400 Denver, CO 80202-5255 Ref. No. 12-0157 Dear Mr. Sutton: This responds to your July 16, 2012 letter requesting clarification of the exceptions for Class 3 flammable liquids under the Hazardous Materials Regulations (HMR; 49 CFR Pmis 171- 180). In your letter, you describe an ethanol-water solution containing less than 24% ethanol and greater than 50% water by volume. Additionally, the solution contains two non- hazardous additives in concentrations less than 2%. Both additives have flash points above 100 oc and are not a hazardous substance, hazardous waste, or marine pollutant. Specifically, you ask whether the ethanol-water solution qualifies for exception from the HMR requirements offered under § 173 .150( e) for aqueous solutions of alcohol. Section 173.22 of the HMR states that a shipper is required to properly class and describe the hazardous material in accordance with Parts 172 and 173 of the HMR .. We do not perform this function. However, based on the information provided, it is our opinion that the aqueous solution of ethanol as described in your letter qualifies for the exception under § 173 .150(e ). Specifically, an aqueous solution containing 24% or less alcohol by volume and no other hazardous material is not subject to the HMR if the solution contains no less than 50% water byvolume(see§ 173.150(e)(2). I hope this information is helpful. If you have further questions, please contact this office. Sincerely, ,~g~ Chief, Standards Development Branch Standards and Rulemaking Division#

Page 21er tl_,nderey1 §173. 160 ~tccep+rons l'--0151 Perkins Coie 1900 Sixteenth Street, Suite 1400 Denver, CO 80202-5255 PHONE: 303.291.2300 FAX: 303.291.2400 www.perkinscoie.com July 16, 2012 SENT VIA OVERNIGHT FEDEX Ben Supko Acting Chief, Standards Development U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Standards 1200 New Jersey Ave, S.E. Washington, D.C. 20590 Re: Confirmation of Exemption from Hazardous Materials Regulation 49 C.F.R. §173.150(e) Dear Mr. Supko: I am seeking confirmation on behalf of my client, Advanced Energy Industries, Inc. ("AEI"), that an ethanol-water solution is exempted under of 49 C.F .R. § 173 .150( e) of the Hazardous Materials Regulations ("HMR") for purposes of shipping the product by truck or rail only. The ethanol-water solution contains less than 24% ethanol by volume and more than 50% water. The closed cup flash point of the ethanol-water solution is 110° F. The solution is used as coolant solution rather than for consumption. The ethanol-water solution contains two non- hazardous additives in very low concentrations which are described below. AEI will ship up to 6 gallons of the ethanol-water solution by ground transportation only (i.e., truck or rail) in a single device or container. The first additive to the coolant solution is for leak detection. It is a fluorescent dye used for water-based fluids. The additive is made up of deionized water (75-95%) and dye (5-25%). The dye additive has a flash point of 93.3° C. The second additive is 2-Mercaptobenzothiazole or "MBT." MBT is used as an antibacterial/antifungal agent. MBT has a reported flash point of 252°C. The cocentrations of the two additives in the ethanol-water solution is typically below 2%. No other hazardous materials are present in the solution. At the concentrations used in the ethanol-water solution (less than 2%), neither additive is a hazardous waste or a "marine pollutant" as defined under 49 C.F.R. §173.150(±)(2) ofthe HMR. ANCHORAGE· BEIJING· BELLEVUE· BOISE· CHICAGO· DALLAS· DENVER· LOS ANGELES· MADISON· PALO ALTO PHOENIX· PORTLAND· SAN DIEGO· SAN FRANCISCO· SEATTLE· SHANGHAI· WASHINGTON, D.C. Perkins Coie LLP#

Page 3Mr. Ben Supko July 16, 2012 Page 2 Based on the foregoing description of the product, please confirm that the ethanol-water solution qualifies for the exemption for aqueous solutions of alcohol under § 173 .150( e) of the HMR. Sincerely" \ Christopher J. Sutton#