Atotech USA Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S.Department Washington, D.C. Washington, D.C. 50590 JUL 22 1998 Mr. Scott Waddell Product Safety Specialist Reference No. 98-0159 Atotech USA Inc. 1750 Overview Drive Rock Hill, SC 29731-2000 Dear Mr. Waddell: This is in clarification of a proper shipping description under the response to your letter of June 24, 1998, regarding Hazardous Materials Regulations (HMR; 49 CER Parts 171-180). Specifically, you ask whether "Toxic solid, corrosive, inorganic, n.o.s. (contains Chromic Acid), 6.1, (8), UN 3290, PG II, " is the most appropriate proper shipping description for a material that meets the HMR criteria for Toxic PG II, Corrosive PG II, and Oxidizer PG III. The answer is yes. Section 172.101 (c) (12) (iii) states that if a .".. material meets the definition of more than one hazard class, and is not identified in the Hazardous Material Table specifically by name, the hazard class of the material shall be determined by using the precedence specified in § 173.2a. Toxic solid takes precedence followed by corrosive then oxidizer. Therefore, the proper shipping description is Toxic solid, corrosive, inorganic, n.o.s. (contains Chromic Acid), 6.1, (8) UN 3290, PG II. The term "Oxidizer" does not have to be included in the proper material shipping description. meeting Division 5.1 PG III must be labeled Oxidizer in However, S 172.402 (a) states that a addition to any other required labels. I hope this answers your inquiry. If we can be of further assistance, please contact us. Sincerely, :: • H'illy Delmer illing: • . Chief, Standards Development Office of Hazardous Materials Standards#

Page 2... atotech george 1750 Overview Drive, P.O. Box 12000 Atotech USA Inc. File: 172,402 ATO Tel: (803) 817-3500 - Fax: (803) 817-3666 Rock Hill, SC 29731-2000 June 24, 1998 Mr. Edward Mazzullo, Director 400 g* Street SW Office of Hazardous Material Standards Washington, DC 20590 Dear Mr. Mazzullo, we received your name from the DOT Hot Line on June 23, 1998. Atotech USA Inc. secks guidance from you with regard to proper shipping classification for one of our products, pecifically Atotech USA Inc., product contains chromic acid and an inorganic acid salt. We have had testin hiporned on our product at a DOT accepted laboratory. The product meets three (3) classification criteria fo 2. 1. Oxidizer PG III (Lab Tested) 3. Corrosive PG II Toxic PG II (Dermal LDso~190mg/kg) The DOT Hot Line suggest the proper shipping name as: Toxic Solid, Corrosive, Inorganic, N.O.S. (Contains Chromic Acid), 6.1, (8), UN3290 PG II Note: An Oxidizer subsidiary Label is also to be placed on the container (172.402) Atotech USA Inc. wishes to ship multi-mode (air, ground and sea). Atotech USA Inc., has encounted delays in shipment via air due to the oxidizer labeling. TATA was contacted and it was stated that a letter from DOT clarifying or approving the above mentioned shipping description would be sufficient to allow Atotech USA Inc. Please review this information and if possible clarify or approve this shipping description with the Subsidiary Labeling as acceptable by written communication. Your response should be addressed to: Atotech USA Inc. 1750 Overview Drive Attu. Scott Waddell Rock Hill, SC 29731-2000 Thank you in advance for your timely response. : Last Washell colt waddel : roduct Safety Specialis SW/bdm CC. M. Emick T. Hogarth W. Kramer#