Scarpa Consultants — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Pipeline and Hazardous FEB 0 4 2019 Materials Safety Administration Nicholas Scarpa, Ph.D. Scarpa Consultants 8 Troon Drive Fredon, NJ 07860 Reference No. 18-0087 Dear Mr. Scarpa: i lete is in repairs to rulen, 7, EUl orator and and company mai and Paraform, also described in the documents as "Company B") of Mainz, Germany. Your client requests clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification of Granuform® 91 and Granuform® 96, materials that contain 91 and 96 percent "UN2213, Paraformaldehyde, Division 4.1 (flammable solid), Packing Group (PG) III," respectively. Specifically, you ask if materials that contain less than 18 parts per million (ppm) of sodium and less than 100 ppm of alkali metal ions and/or other metal ions as impurities do not meet the definition of a Division 4.1 (flammable solid) material as defined in § 173.124(a) of the HMR. You enclosed several documents and test reports listed in the attachment to this letter but ask that we limit our response to two INEOS Paraform products: Paraformaldehyde B-1 (91%) and B-2 (96%). We have paraphrased the information on these materials that you and your client provided in the table below. Ref. Substance Name!| Preliminary Wetting Alkali Metal lon & Sample Test No. (Trade Name: Granuform®) screening solution Result test Other Content Performance delay time (min) 6.d Paraformaldehyde Negative B-1 (91%) N/A Sodium content < Sample when heated NOT to (<2 ppm Nat) (flame died) 2 ppm, < 5 ppm with a gas burner other alkali metal melted forming a classified be Performed by Laus ions, liquid, the liquid 2 other metal ions found in started to boil and as boiling spot burned Division 4.1 concentrations of with a flame. The 7 and 9 ppm, flame died on its own 2 UN Test N.1, section 33.2.1.4.3.1: ignition or propagation of combustion within 2 minutes. 1 Paraformaldehyde Assay expressed in available % formaldehyde in brackets.#

Page 2respectively, in a when no boiling test screening test on 36 different metal item was present. < 300 ppm Formic elements by ICP, acid 6.e Paraformaldehyde Negative N/A Sodium content 5 Sample was ignited NOT to B-2 (96%) (combustion ppm, <5 ppm with a flame of a 15 ppm Nat) took > 29 other alkali metal Teclu burner. First classified be minutes) ions, melting was (Granuform® 96) 2 other metal ions observed, then the Division as found in test item started to 4.1 concentrations of burn with 2 seats of 10 and 13 ppm, fire after 12 seconds. respectively, in a Melting and no screening test on formation of smoke 36 different metal were observed. elements by ICP, Combustion along < 300 ppm Formic 200mm took 29 acid minutes and 37 seconds. In accordance with § 173.22, it is the shipper's responsibility to properly classify a hazardous material. This Office does not generally perform that function. However, based on the information you provided, it is the opinion of this Office that the tested materials in Reference Nos. 6.d and 6.e do not exhibit criteria exceeding the limit specified in § 173.124(a)(3)(ii) and, therefore, do not meet the definition of a Division 4.1 readily combustible solid. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, tern Tote T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division Attachment#

Page 3Clarification Letter Reference No. 18-0087 Attachments You state you provided all data related to INEOS Paraform products, including the LAUS and ICP reports. The following is the list of materials you provided with your correspondence. • Analyses and flammability final test reports dated June 9, 2010, and June 17, 2011, Study Numbers 10042301G934UN and 11051101G934, respectively, performed by the LAUS GmbH test facility in conformance with the United Nations (UN) Manual of Tests and Criteria UN Test N.1, Section 33.2.1.4.3.1. • A document titled "Expert opinion on transport classification of paraformaldehyde," prepared by GBK Gefahrgut Büro BmbH and signed on December 8, 2010. • A diagnostic analysis of Paraformaldehyd (Granuform® 91 Charge G120228) dated March 2, 2012. • A diagnostic analysis of Bestimmungvon NA im Paraformaldehyd (Granuform®) dated March 26, 2012. • A report prepared for the UN Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals titled "Classification under UN 2213 (Paraformaldehyde)," dated July 31, 2013, that concluded fine and/or granulated "Paraformaldehyde should not be classified as a readily combustible solid of Division 4.1, if the test material contains less than 100 pps of alkali metal ion." This report states six of the nine products tested do not meet the definition of a flammable solid. • INEOS Paraform Product Information Granuform® Paraformaldehyde, For Granuform_12E, May 2012. 3#

Page 4Edmonson January, Ikeya CTR (PHMSA) Testinsos7 From: INFOCNTR (PHMSA) Sent: Friday, June 08, 2018 3:28 PM To: Hazmat Interps Subject: FW: INEOS Paraformaldehyde Classification. Attachments: ATT_1 Paraformaldehyde_UN Proposal_2013.pdf; ATT_ 2 Paraformaldehyde_Flammability Test. 2010. pdf; ATT_3 Paraformaldehyde_Flammability Test 2011.pdf; ATT_4 Paraformaldehyde_Granuform 91_Sodium content.pdf; ATT_5 Paraformaldehyde_Granuform M_Sodium content.pdf; ATT_6 Paraformaldehyde_GBK expert statement transport classification paraformaldehyde 2010,pdf Hello Ikeya and Alice, I searched the Database, and there wasn't anything that spoke of this situation directly. I have also spoken with Mir. Scarpa and he said that he would like a Letter of Interpretation. I also advised him that he may also need to apply for an approval to be able to move this material within the United States and an unregulated material. Regards, -Breanna From: Nick Scarpa [mailton.scarpa@gok-fredon.usl Sent: Thursday, June 07, 2018 12:18 PM To: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov> Subject: INEOS Paraformaldehyde Classification. Dear Info Center Staff, I am writing on behalf of my client; INEOS PARAFORM GmbH Hauptstrasse 30 55120 Mainz Germany The company produces two products that are paraformaldehyde solid. Paraformaldehyde solid is currently classified under UN 2213, class 4, packing group III. INEOS has conducted relevant flammability studies on their product an have concluded that they are not flammable solids as defined. This conclusion has been confirmed in a proposal by the UN Committee of Experts on the Transport of Dangerous Goods. (see ATT_1), as well as GBK Gefahrgut Buro (see ATT_6). Also attached are the analyses and flammability testing reports that were done. (see ATT_2 through ATT_5) 1#

Page 5Therefore, we are requesting that the US DOT PHMSA also provide a formal letter of interpretation that the INEOS paraformaldehyde products are not flammable solid materials under the US Hazardous Materials Transportation regulations. Please feel free to contact me with any questions or require further information. Sincerely, Nicholas Scarpa Scarpa Consultants Nicholas Scarpa Ph.D. 8 Troon Drive Fredon, NJ, 07860 Office Phone: 973 579 9750 Mobile Phone: 201 572 9157 Fax: 973 721 6308 e-mail n.scarpa@gbk-fredon.us#