Carbochem Inc, — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration November 30, 2023 1200 New Jersey Avenue, SE Washington, DC 20590 Mr. Gavin Kahn President Carbochem Inc, 308 East Lancaster Ave Wynnewood, PA 19096 Reference No. 23-0058 Dear Mr. Kahn: This letter is in response to your June 28, 2023, email pertaining to activated carbon transported in accordance with the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). In your email, you note that chemically-activated carbon is often shipped as a Division 4.2 (Spontaneously Combustible Material) material due to its self-heating properties. To determine the classification of your product, you arranged for your Carbochem® activated carbon grades to be tested using United Nations (UN) Test N.4 “Test method for self-heating substances, ” in accordance with Section 33.3.1.6 of the UN Manual of Test and Criteria (UNMTC). You state that the results of the testing—as provided in your email—indicate that Carbochem® DC-50 (steam activated) exhibits no self-heating; while Carbochem® CA-50 (chemically activated) shows some self-heating, but not at 140 °C with a 25mm cube sample. You ask for confirmation that your test results accurately determine that your Carbochem products should not be classified as Division 4.2 hazardous materials. In accordance with § 173.22 of the HMR, it is the shipper's responsibility to properly classify a hazardous material. This Office generally does not perform this function. However, based on the test data and certification you provided, we agree that your company’s products—as described in your email—do not meet the definition of a Division 4.2 hazardous material. Accordingly, if your products do not meet any other hazard class as defined in part 173 of the HMR, and are not a hazardous substance, hazardous waste, or marine pollutant, they are not subject to the HMR. I hope this information is helpful. Please contact us if we can be of further assistance. Sincerely, T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division#

Page 2Andrews 23-0058 From: INFOCNTR (PHMSA) To: Dodd, Alice (PHMSA) Cc: Hazmat Interps Subject: FW: Letter of Interpretation Request for Activated Carbon Date: Friday, June 30, 2023 3:05:06 PM Attachments: image001.png Self Heating test per UN N.4 using Procedure 33.3.1.6 2023.pdf Self Heating Result for Test UN N.4 - Carbochem DC-50 2-23.pdf Self Heating Result for Test UN N.4 - Carbochem CA-50 2-23.pdf Importance: High Hello Alice, Please see the below and attached interpretation requests. Let me know if you need anything else. Regards, -Breanna From: Gavin Kahn <Gavin.Kahn@carbochem.com> Sent: Wednesday, June 28, 2023 9:54 AM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Cc: CARBOCHEM <HQ@carbochem.com> Subject: Letter of Interpretation Request for Activated Carbon Importance: High CAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or open attachments unless you recognize the sender and know the content is safe. To Whom it May Concern: I have been working with Commissioner Carl Bentzel from the FMC regarding an issue with the major shipping carriers that has been a problem for quite some time. Background: Primary uses of Activated Carbon are purification of drinking water (Municipal water treatment plants and beverage companies such as Coca-Cola and Pepsi) and decolorizing food products such as sugar and other sweeteners, fruit juice, citric acid, MSG etc. Obviously, the grades of Activated Carbon for these applications are all Food Grade quality. The United Nations has classified Activated Carbon produced by Chemical Activation to be a Division 4.2 material because it exhibits self-heating properties and thus UN1362 was applied to the product to designate this. The shipping lines used this as justification to charge a freight premium on Activated Carbon as it was deemed dangerous cargo (also permitting the carrier s to cancel freight bookings at their whim). They also applied this classification to Activated Carbon produced by Steam Activation which is not valid, so they#

Page 3could benefit from greater revenues. We arranged for a reputable laboratory with the necessary expertise to perform the self- healing UN Test N.4 according to procedure Section 33.3.1.6, UN 2009 to determine if our activated carbon products should be classified in Division 4.2. The results are attached for our specific Carbochem® grades which confirm that our activated carbon should not be classified in Division 4.2. The conclusion is based on the following analysis (test method attached): Carbochem® DC-50 (coal based, steam activated carbon, acid washed): No self- heating detected for basic test at 140º C. Carbochem® CA-50 (wood based activated carbon, chemically activated): Self- heating detected at 140º C but not at 140º C with a 25 mm cube sample. Packing Group II restriction not required as the packing size is less than 3 cubic meters volume. While we cannot speak for other grades of Activated Carbon, our grades are produced with proprietary technology to ensure that they are exempt from Division 4.2 Classification, but the shipping lines refuse to accept this. Please advise how we can obtain a DOT/PHMSA letter of interpretation for clarification on the federal process for classification of Activated Carbon. Sincerely, Gavin Kahn President Carbochem Inc, 308 East Lancaster Ave Wynnewood, PA 19096 Phone: (610)645-9200 Fax: (610)645-5501 E-Mail: Gavin.Kahn@carbochem.com#

Page 4SUITE 218, LONDON, ON, ADDRESS: 700 COLLIP CIRCLE, PHONE: (519) 777-5232 N6G 4X8, CANADA LCS EMAIL: INFO@LCSLABORATORY.COM WEB: WWW.LCSLABORATORY.COM LABORATORY INC. CERTIFICATE OF ANALYSIS Client: Carbochem Inc. 308 E. Work Order: PA 19096 USA Lancaster Ave, Wynnewood Date Received: 23MIS090 January 19, 2023 Date Analyzed: Date Reported: January 26-30, 2023 February 1, 2023 Requested By: Gavin Kahn Analysis: Self-Heating Test Client's Self Heating Regulation per Reference reference: UN UN Test N.4. Paragraph. Procedure: 33.3.1.6, UN 2009 Sample Description: Powder Activated Carbon, CA50 Laboratory sample ID: 23MIS090-SH1 Results: Sample Size Oven Maximum Observed Sample (mm) Temperature (°C) Observations Temperature in the sample Result core (°C) 100 × 100 × 100 140 3041) No smoke or Self-Heating is smoldering detected 25 × 25x25 140 140 No smoke or smoldering Self-Heating is not detected 100 × 100 x 100 120 124 No smoke or Self-Heating is smoldering not detected Comments: : 1) The test was ste Sed atter the positive set ignition UN defines positive Self Heating test in paragraph 33.3.1.6.4.1, as a test where the Maximum Observed Temperature in the sample core exceeds the oven temperature by 60°C. Note: • Test duration is 24 hours unless the sample shows the self-ignition properties Accuracy of the temperature reading is 1°C Sample is tested in "as received" form Test results pertain only to analysis of samples herein reported. Ict Analyst: Stepan Reut, Ph.D. Reviewer: Raisa Stadnichenko, Ph.D. LCS Laboratory Inc. Page 1 of 1#

Page 5SUITE 218, LONDON, ON, ADDRESS: 700 COLLIP CIRCLE, PHONE: (519) 777-5232 N 6G 4X8, CANADA LCS WEB: WWW.LCSLABORATORY.COM EMAIL: INFO@LCSLABORATORY.COM LABORATORY INC. CERTIFICATE OF ANALYSIS Client: Carbochem Inc. 308 E. Work Order: 23MIS090 Lancaster Ave, Wynnewood Date Received: PA 19096 USA January 19, 2023 Date Analyzed: January 26-30, 2023 Date Reported: February 1, 2023 Requested By: Gavin Kahn Analysis: Self-Heating Test Client's reference: Self Heating Regulation per UN Reference Procedure: UN Test N.4. Paragraph. 33.3.1.6, UN 2009 Sample Description: Granular Activated Carbon, DC50 Laboratory sample ID: 23MIS090-SH2 Results: Sample Size Oven Maximum Observed Sample Observations Result (mm) Temperature (°C) Temperature in the sample core (°C) 100 × 100 × 100 140 151 No smoke or Self-Heating is smoldering not detected Comments: • UN defines positive Self Heating test in paragraph 33.3.1.6.4.1, as a test where the Maximum Observed Temperature in the sample core exceeds the oven temperature by 60°C. Note: : Test duration is 24 hours unless the sample shows the self-ignition properties Accuracy of the temperature reading is 1°C. : Sample is tested in "as received" form Test results pertain only to analysis of samples herein reported. Analyst: Stepan Reut, Ph.D. Reviewer: Raisa Stadnichenko, Ph.D. LCS Laboratory Inc. Page 1 of 1#

Page 6Copyright © United Nations, 2009. All rights reserved 33.3.1.6 Test N.4: Test method for self-heating substances 33.3.1.6.1 Introduction to air at temperatures of 100 °C, 120 °C or 140 °C in a 25mm or 100mm wire mesh cube. The ability of a substance to undergo oxidative self-heating is determined by exposure of it 33.3.1.6.2 Apparatus and materials The following apparatus is required: a) a hot-air circulating type of oven with an inner volume of more than 9 litres and capable of controlling the internal temperature at 100 °C, 120 °C or 140 °C + 2 °C; cubic sample containers of 25 mm and 100 mm side, made of stainless steel net with a mesh opening of 0.05 mm, with their top surface open; and c) Chromel-Alumel thermocouples of 0.3 mm diameter; one placed in the centre of the sample and another between the sample container and the oven wall. mesh opening of 0.60 mm, and slightly larger than the sample container. In order to avoid the effect of air Each sample container should be housed in a cubic container cover made from a stainless steel net with a of 0.595 mm and 150 × 150 × 250 mm in size. circulation, this cover is installed in a second stainless steel cage, made from a net with a mesh size 33.3.1.6.3 Procedure sample container and the container tapped several times. If the sample settles, more is added. If the sample is The sample, powder or granular, in its commercial form, should be filled to the brim of the heaped it should be levelled to the brim. The container is housed in the cover and hung at the centre of the sample and of the oven should be recorded continuously. The first test' may be conducted with a 100 mm oven. The oven temperature should be raised to 140 °C and kept there for 24 hours. The temperature of the cube sample. A positive result is obtained if spontaneous ignition occurs or if the temperature of the sample exceeds the oven temperature by 60 °C. If a negative result is obtained, no further test is necessary. If a determine whether or not packing group II should be assigned. If a positive result is obtained at 140 °C with positive result is obtained, a second test should be conducted at 140 °C with a 25mm cube sample to substance in a 100 mm sample cube should be performed: the substance in a 100mm sample cube, but not a 25mm sample cube, then an additional test with the (a) At 120 °C if the substance is to be transported in packagings of more than 450 litre volume but not more than 3 m' volume; or (b) At 100 °C if the substance is to be transported in packagings of not more than 450 litres volume. 33.3.1.6.4 Test criteria and method of assessing results 33.3.1.6.4.1 sample exceeds the oven temperature by 60 °C during the 24 hour testing time. Otherwise, the result is A positive result is obtained if spontaneous ignition occurs or if the temperature of the considered negative. obtained using a 25 mm cube sample then, for safety and environmental protection, the first test may be The tests may be performed in any order. For example, if it is expected that a positive result will be performed with a 25 mm cube sample. If a positive result is obtained with a 25 mm cube sample then a test with a 100 mm cube sample is not necessary. - 364 -#

Page 7Copyright © United Nations, 2009. All rights reserved 33.3.1.6.4.2 A substance should not be classified in Division 4.2 if: (a) A negative result is obtained in a test using a 100mm cube sample at 140 °C; (b) negative result is obtained in a test using a 25 mm cube sample at 140 °C, a negative A positive result is obtained in a test using a 100mm sample cube at 140 °C and a result is obtained in a test using a 100mm cube sample at 120 °C and the substance is to be transported in packages with a volume not more than 3 m°; (C) negative result is obtained in a test using a 25 mm cube sample at 140 °C, a negative A positive result is obtained in a test using a 100 mm sample cube at 140 °C and a result is obtained in a test using a 100 mm cube sample at 100 °C and the substance is to be transported in packages with a volume not more than 450 litres. 33.3.1.6.4.3 Packing group Il should be assigned to self-heating substances which give a positive result in a test using a 25mm sample cube at 140 °C. 33.3.1.6.4.4 Packing group III should be assigned to self-heating substances if: (a) negative result is obtained in a test using a 25mm cube sample at 140 °C and the A positive result is obtained in a test using a 100mm sample cube at 140 °C and a substance is to be transported in packages with a volume of more than 3 m; A positive result is obtained in a test using a 100 mm sample cube at 140 °C and a negative result is obtained in a test using a 25 mm cube sample at 140 °C, a positive to be transported in packages with a volume of more than 450 litres; result is obtained in a test using a 100mm cube sample at 120 °C and the substance Is (c) A positive result is obtained in a test using a 100 mm sample cube at 140 °C and a negative result is obtained in a test using a 25mm cube sample at 140 °C and a positive result is obtained in a test using a 100 mm cube sample at 100 °C. 33.3.1.6.5 Examples of results Substance Oven Cube size Maximum Result temperature (°C) (mm) temperature reached (°C) Cobalt/molybdenum catalyst 140 140 100 25 >200 granules 181 P.G. III of 4.2ª Manganese ethylene bis (dithiocarbamate) 80% (Maneb) 140 25 > 200 P.G. Il of 4.2 Manganese ethylene bis (dithiocarbamate) complex with zinc salt 75% (Mancozeb) 140 25 > 200 P.G. Il of 4.2 Nickel catalyst granules with 70% hydrogenated oil 140 100 140 Not 4.2 Nickel catalyst granules 140 100 > 200 with 50% white oil 140 25 140 P.G. III of 4.2 a Nickel/molybdenum catalyst 140 140 100 > 200 granules (spent) 25 150 P.G. III of 4.2ª Nickel/molybdenum catalyst granules (passivated) 140 100 161 Not 4.2 Nickel/vanadium catalyst Granules 140 25 > 200 P.G. II of 4.2 Not tested at 100 °C or 120 °C. - 365-#

Page 8Copyright © United Nations, 2009. All rights reserved Figure 33.3.1.3.3.1: CLASSIFICATION OF SELF-HEATING SUBSTANCES NEW SUBSTANCE the substance undergo Does No dangerous self-heating when tested in a 100mm sample cube Yes the substance undergo Does dangerous self-heating when tested Yes in a 25 mm sample cube Packing Group /I* at 140 °C? No the substance undergo Does No dangerous self-heating when tested in a 100mm sample cube at 120 °C? • Yes the substance undergo Does dangerous self-heating when tested Yes Packing Group I!I* in a 100mm sample cube at 100°C? - No → xempted if transported in package f not more than 450 litres volum of not more than 3 cubic metres volume Exempted if transported in packages Not a self-heating substance of Division 4.2 • * classified in Division 4.2. Substances with a temperature for spontaneous combustion higher than 50 °C for 27 m?' should not be - 361-#