Onyx Environmental Services L.L.C. — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 400 Seventh Street. S.W. 20590 lesearch an Administration special Program APR 1 2 2000 Ms. Lauren Malone Ref. No. 99-0255 Onyx Environmental Services L.L.C. Roxbury Business Park 1705 Route 46 West, Unit #2 Ledgewood, NJ 07852 Dear Ms. Malone: This is in response to your telephone conversation and follow up letter dated September 3, 1999, to Dr. Richard Tarr of the Office of Hazardous Materials Exemptions and Approvals requesting clarification on the hazard class and transportation of forbidden materials that are stabilized or diluted under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your understanding of the provisions addressing forbidden materials per your conversation with Dr. Tarr is correct and is further clarified. As stated in your letter, if any specifically listed, pure, forbidden material is stabilized or diluted to reduce or eliminate the hazards, it is then no longer considered a forbidden material. It is your responsibility to ensure it is stabilized, classed and transported in accordance with the HMR. Organic peroxides, explosives, and self reactive materials always require formal approval from the Associate Administrator for Hazardous Materials Safety. For other than these materials, no formal approval or authorization is required from DOT to dilute, stabilize, and transport the material. The proper shipping name "nitrobromobenzene" does not apply to stabilized and diluted "1-bromo-3-nitrobenzene" since it no longer meets the definition for Division 6.1. A solution of 90% ethanol, 10% 1-bromo-3-nitrobenzene presents a flammability hazard, therefore, the proper shipping description "Flammable liquids, n.o.s., (ethanol and nitrobromobenzene), 3, UN 1993, PG II" is appropriate. I hope this further clarifies and answers your inquiry. Sincerely, mintpells Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards 173.21 990255#

Page 2: Boothe VONYX 8173,21 ONYX ENVIRONMENTAL SERVICES L.L.C. 99-0255 September 3, 1999 Richard Tarr MPTIONS Exemptions and Approvals Branch Department of Transportation Room 8100 400 Seventh Street PHIl: 16 Southwest Washington, D.C. 20590 Dear Mr. Tarr, As we agreed, I am sending you a summary of our telephone conversation on August 23, 1999 for your records. If any specifically listed, pure, forbidden material is stabilized or diluted to reduce or eliminate the hazards, it is then no longer considered a forbidden material • Once the material has been stabilized and/or diluted and is no longer considered a forbidden material, it is our responsibility to ensure the new material is stabilized, reclassified and transported in accordance with the applicable regulations. No formal approval or authorization is required from DOT to dilute, stabilize, and transport the material. • The DOT ship name nitrobromobenzene would not apply to stabilized and diluted 1- bromo-3-nitrobenzene since it no longer meets the definition of hazard class 6.1. A solution of 90% ethanol, 10% 1-bromo-3-nitrobenzene (for dilution) would present a flammability hazard, therefore the proper shipping name Flammable liquids, n.o.s., (ethanol and nitrobromobenzene) 3.1, UN1993, PG III would reflect this hazard. If you have any additional comments or concerns, please feel free to contact me. Sincerely, Laver Malone Lauren Malone Technical Research Specialist ROXBURY BUSINESS PARK • 1705 ROUTE 46 WEST • UNIT #2 • LEDGEWOOD, NJ 07852 TEL.973.448 2884 FAX 973.691.3978#