GREEN ANODE COKE SALES AGREEMENT
BETWEEN
CONOCO INC.
AND
GREAT LAKES CARBON CORPORATION
CONOCO INC., a corporation organized under the laws of the State of
Delaware ("Seller"), and GREAT LAKES CARBON CORPORATION, a corporation also
organized under the laws of the state of Delaware ("Buyer"), enter into this
Agreement for the sale and purchase of green anode coke ("Coke"), pursuant to
the following terms and conditions.
1.0. Term
----
Subject to the provisions of Sections 4.3. and 8.2. hereof, the initial
term of this Agreement shall be from January 1, 1998 through CONFIDENTIAL
TREATMENT. Upon the expiration of the initial term, this Agreement shall be
automatically renewed on a year-to-year basis, from anniversary date to
anniversary date, unless terminated pursuant to the provisions of Sections
4.4., 8.2. or 18.0. hereof.
2.0. QUANTITY
--------
2.1. Subject to the provisions of Sections 3.0., 4.4., 8.2 and
12.5. hereof, Seller shall sell and Buyer shall purchase a base quantity of
CONFIDENTIAL TREATMENT short dry tons of Coke during each calendar year during
the term of this Agreement. These sales/purchases shall be at a rate of
CONFIDENTIAL TREATMENT short dry tons per calendar quarter.
2.2. As specified below, for each six-calendar month period of
January 1 - June 30 and July 1 - December 31 ("six-month period") which occurs
during the term of this Agreement, Buyer may give Seller written notice that
Buyer wishes to purchase from Seller an additional quantity of up to
CONFIDENTIAL TREATMENT short dry tons of Coke. Seller will use commercially
reasonable efforts to supply the additional quantity of Coke requested by
Buyer but will not be obligated to sell or deliver any additional quantity of
Coke to Buyer.
(a) Except for the first six-month period, Buyer shall submit its
notice to Seller not less than thirty (30) days prior to the first day of the
relevant six-month period.
(b) Upon receipt of Buyer's notice, Seller will promptly evaluate
Buyer's request in light of Seller's Coke production schedule and Seller's
other Coke marketing obligations/opportunities. Seller will then notify Buyer
of the additional quantity of Coke, if any, which Seller could make available
to Buyer during each calendar quarter of the relevant six-month period. If
Buyer wishes to purchase any or all of Seller's available additional Coke,
Seller and Buyer will enter good faith negotiations to establish (i) the exact
additional quantity of Coke which Seller will sell and Buyer will purchase
during each calendar quarter of the relevant six-month period, and (ii) the
pricing terms for the Coke to be sold/purchased during the relevant six-month
period. Seller and Buyer shall complete these negotiations during the thirty
(30) days immediately prior to the first day of the relevant six-month period.
(c) If the Seller and Buyer reach agreement on the quantity and
pricing terms for an additional quantity of Coke, such additional quantity
will be sold and purchased during the relevant six-month period pursuant to
those negotiated terms and the other applicable terms and conditions of this
Agreement. If the Seller and Buyer do not reach agreement on the quantity or
pricing terms for an additional quantity of Coke, then only the base quantity
specified in Subsection 2.1. will b sold and purchased pursuant to this
Agreement during the relevant six-month period.
2.3. Buyer acknowledges that the Coke sold hereunder is a by-
product of the manufacturing operations at Seller's Ponca City, Oklahoma
Refinery ("Refinery"), Buyer further acknowledges that Seller may change the
feedstocks or raw materials which are used at the Refinery or alter Seller's
method of manufacture of Coke without liability even though such changes may
alter the quality and/or quantity of Coke produced there.
Seller will give buyer 30 days notice if seller anticipates
changes in feedstocks, raw materials or method of manufacture, that will
adversely affect the quality of coke produced such that it does not meet the
specifications as provided in attachment A.
In the event Refinery does not produce ample quantities of
Coke to meet the needs of Seller's customers, Seller shall have the right to
proportionately allocate Coke.
Buyer shall not be obligated to purchase any Coke which does
not have physical properties that conform to those listed in the
"Specifications" column of Exhibit A hereto.
3.0. QUALITY
-------
3.1. Subject to Section 2.3, Seller shall deliver Coke which has
been produced at Seller's Refinery and which has physical properties that
conform to those listed in the "Specifications" column of Exhibit A hereto.
3.2. The quality of each quantity of delivered Coke will be
determined as follows.
(a) Immediately after the Coke is unloaded at Buyer's facility,
Buyer will obtain a representative sample of the Coke which it will divide
into two equal portions. Seller will have the right to witness the sampling.
Sampling of trucked material will be by a mutually agreeable method.
(b) Buyer will promptly test one portion of the sample and, based
upon the test results, notify Seller of the Coke's physical properties.
Buyer will retain the second portion of the sample as a referee sample.
(c) If Buyer's test results show that the Coke's physical
properties do not conform to those listed in the "Specifications" column of
Exhibit A hereto, and Seller so requests, the second portion of the sample
will be tested by a mutually acceptable independent testing laboratory which
will use mutually acceptable testing procedures. The parties will equally
share the costs of the independent testing laboratory and its quality
determination will be binding on the parties.
(d) If the independent testing laboratory's test results show that
the Coke's physical or chemical properties exceed the average monthly maximum
as set forth in Exhibit A hereto, the parties will use good faith efforts to
devise a mutually satisfactory remedy, subject to the provisions of Section
10.0 hereof.
(e) If the coke's physical or chemical properties exceed the reject
maximum as set forth in Exhibit A hereto, buyer will make best efforts to
utilize such coke but reserves the right to reject any coke deemed unsuitable
for calcining.
4.0. PRICE
-----
4.1. The price for Coke delivered by Seller to Buyer pursuant to
this Agreement will be FOB freight prepaid buyers facility at Enid, OK and
will be established by the parties in accordance with the following
provisions.
4.2. Each Coke price will be based upon the assumption that the
moisture content of the delivered Coke will be 9.5 wt% and Seller's initial
invoice for each Coke delivery will be based upon that assumption. However,
if the actual moisture of the delivered Coke is not 9.5 wt%, then the price
of the delivered Coke shall be adjusted according to Section 4.4. hereof.
4.3. The price for Coke delivered to Buyer during each six-month
period during the term of this Agreement will be negotiated in good faith
during the thirty (30) days immediately prior to the first day of the
relevant six-month period. If a price agreement cannot be reached by the
end of the thirty (30) day price negotiation period, then this Agreement
will automatically terminate at the end of the calendar quarter immediately
following the thirty (30) day price negotiation period. The price for Coke
delivered during that final calendar quarter will be the last price
established pursuant to this Agreement or if no agreement on price is
reached for the first six-month period under this Agreement then the price
to be paid will be the last prevailing price under the prior Green Coke
Sales Agreement between Conoco and Great Lakes Carbon Corporation.
4.4. In the calendar month following the calendar quarter of
delivery, the actual moisture content of the delivered Coke, as determined
by Buyer, shall be averaged to determine a quarterly average moisture content
("Average Moisture Content"). The Average Moisture Content shall be deemed
to be the actual moisture content for each delivery of Coke during the
specified calendar quarter. The price of the delivered Coke shall be
adjusted to compensate for the difference between the Average Moisture
Content and 9.5 wt%.
5.0. DELIVERY
--------
5.1. Seller shall deliver and Buyer shall receive CONFIDENTIAL
TREATMENT short dry tons of Coke per calendar quarter. By the 28th day of
each month, the parties will agree upon the quantity of Coke that will be
delivered during the following month.
5.2. Except as otherwise agreed by the parties in writing, all
Coke will be delivered FOB Buyer's facility at Enid, OK, freight prepaid.
Seller will choose method of transport, arrange for trucks or railcars and
will be responsible for loading material into such vehicles.
6.0. TITLE AND RISK OF LOSS
----------------------
Title to and risk of loss of the Coke delivered during this Agreement
shall pass to Buyer at the time the coke is delivered into buyer's facility
at Enid, OK.
7.0. MEASUREMENT
-----------
The quantity of Coke delivered shall be determined (i) by the use of
mutually acceptable railroad weigh station scales, or (ii) by Buyer's
certified railroad scales in Kremlin, Oklahoma, or (iii) by Seller's
certified belt scales in Ponca City, Oklahoma. Any measurement made by the
above methods will be final for both parties.
8.0. PAYMENT
-------
8.1. Seller shall promptly invoice Buyer for each delivery of Coke.
Subject to the adjustment specified in Section 4.5 hereof, Buyer shall pay
Seller's invoices in full, not later than the fifteenth (15) day of the month
following the month of the xxxx of lading date, without any adjustments,
discounts or set-offs by telegraphic transfer to:
Xxxxxx Guaranty Trust Company
Conoco Inc., Account Number: 00000000
Buyer shall include, in the telegraphic transfer details, the invoice number
and a statement that payment is for the purchase of coke. If the payment
date falls on a day when Seller's bank is closed (Saturday, Sunday, New York
bank holiday, or other nonworking day), payment shall be due on the succeeding
New York banking day.
8.2. Seller reserves the right to withhold delivery of Coke to
Buyer at any time Buyer's payments become past due. If buyer fails to pay
in full all amounts owed to Seller within five (5) days after receipt of
Seller's notice that such amounts are past due, Seller shall have the right
to immediately cancel or terminate this Agreement, without prejudice to any
rights, claims or causes of action arising from the Agreement.
8.3. Buyer shall pay interest on all past due invoices at the
prime rate as quoted by Citibank N.A. from its New York offices on the date
the invoice is due, plus two percentage points above the announced rate.
In addition, Buyer shall pay all costs and expenses, including reasonable
attorneys's fees, incurred by Seller in collecting past due payments.
9.0. WARRANTIES
----------
Seller warrants that it has title to the Coke delivered under this
Agreement, that the Coke will be free from all liens, encumbrances and
security interests and that the Coke will have physical properties that
conform to those listed in the "Specifications" column of Exhibit A hereto.
THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
OF MERCHANTABILITY OR FITNESS OF THE COKE FOR A PARTICULAR PURPOSE, EVEN IF
SUCH PURPOSE IS KNOWN TO SELLER. SELLER EXPRESSLY DISCLAIMS ANY
REPRESENTATION OR WARRANTY THAT THE COKE DELIVERED HEREUNDER SHALL HAVE THE
PHYSICAL PROPERTIES LISTED IN THE "TYPICAL" COLUMN OF EXHIBIT A TO THIS
AGREEMENT.
10.0. LIMITATION OF LIABILITY
-----------------------
10.1. Seller's liability to the Buyer for a breach of warranty
under this Agreement shall be limited to (i) replacing, at the point of
delivery, the particular quantity of Coke affected by the breach or
(ii) crediting to Buyer's account an amount not to exceed the purchase price
of the particular quantity of Coke affected by the breach, at Seller's option.
10.2. Neither party shall be liable on any claim under or arising
out of or for breach of this Agreement unless such action is brought no later
than one year from the date the cause of action arose.
10.3. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
11.0. TAXES
-----
11.1 Seller agrees to pay any and all property taxes, fees, or
other charges imposed or assessed by governmental or regulatory bodies, the
taxable incident of which occurs prior to the transfer of title to Buyer.
11.2 Buyer agrees to pay any and all property taxes, fees, or
other charges imposed or assessed by governmental or regulatory bodies, the
taxable incident of which occurs after transfer of title to Buyer.
11.3. Any applicable sales, use, gross receipt, superfund,
hazardous waste, gross income or any other excise tax or inspection fee
imposed by any taxing jurisdiction on any transaction covered by this
Agreement shall be paid by the party who is liable for the tax according
to the laws of the jurisdiction involved. However, if the tax is imposed
by law on Seller, such tax shall be reimbursed to Seller by Buyer. This
section shall not apply to any federal, state, or local income, franchise,
or excess profits taxes imposed as a result of the transactions contemplated
by this Agreement.
11.4. Buyer shall furnish Seller with an exemption or resale
certificate or other documents necessary to comply with any applicable sales
and use tax laws.
11.5. When applicable, Buyer shall furnish Seller in duplicate with
a notice of exportation or articles with benefit of drawback and other forms
required by governmental authorities covering each batch of Coke sold to and
exported by Buyer or any of Buyer's subsidiaries or licensees. Each notice
of exportation of articles with benefit of drawback shall be fully completed
and properly executed by all necessary parties and endorsed to Seller.
12.0. FORCE MAJEURE
-------------
12.1 No failure or omission by either party to carry out or observe
any of the terms or conditions of this Agreement, including, but not limited
to, either party's delay or failure to perform as a result of such party's
failure to manufacture, deliver, receive, transport, use, or consume Coke
due to occurrences set forth below, shall, except in relation to obligations
to make payments under this Agreement, give rise to any claim against the
party in question or be deemed a breach of the Agreement if such failure or
omission arises from any cause reasonably beyond the control of that party,
to the extent that such failure of delay may be due to:
(a) Compliance (voluntary or involuntary) with laws, decrees,
guidelines, requests, or the like of any government or person purporting to
act therefor, or of international organizations of which the United States
is a member including without limitation the International Energy Agency.
(b) Restriction or cessation of production of Coke by reason of
the imposition of any government or person purporting to act under the color
or claim of any governmental authority of conditions or requirements which
make it necessary to cease or to reduce the production of the Coke.
(c) Hostilities of war (declared or undeclared), embargoes,
blockades, civil unrest, riots or disorders, terrorism, or sabotage.
(d) Fires, explosions, lightning, maritime peril, collisions,
storms, landslides, earthquakes, floods, and other acts of nature.
(e) Strikes, lockouts, or other labor difficulties (whether or
not involving employees of Seller or Buyer).
(f) Disruption or breakdown of production or transportation
facilities, equipment, labor, or materials.
(g) Closing or restrictions on the use of harbors, railroads or
pipelines.
(h) Any reduction in availability of crude petroleum or crude
petroleum products and/or other materials necessary to make Coke.
(i) Any other cause whether or not of the same class or kind,
beyond the control of either party which prevents or interferes with the
performance of this Agreement.
12.2. Notwithstanding the provisions of Section 12.1. hereof,
nothing contained in this Agreement shall relieve Buyer of the obligation to
pay in full the purchase price or any other amounts due for the Coke actually
delivered hereunder.
12.3. Upon the occurrence of any of the Force Majeure events
described in Section 12.1. hereof, the party claiming Force Majeure shall
notify the other party promptly in writing of such event and, to the extent
possible, inform the other party of the expected duration of the Force Majeure
event and the volumes of Coke to be affected by the suspension or curtailment
of performance under this Agreement.
12.4. No curtailment or suspension of deliveries or acceptance of
deliveries pursuant to this Section shall operate to extend the period of this
Agreement or to terminate this Agreement.
12.5. Buyer acknowledges that the Coke delivered hereunder is to
be produced by Seller at its Refinery. Seller shall have no obligation to
acquire Coke from any other source to meet its obligations under this
Agreement. If Seller's production of Coke at this Refinery is stopped or
disrupted by an event of Force Majeure, (i) Seller shall have the right to
allocate its available supplies of Coke, if any, among any or all of its
existing customers in a fair and equitable manner, whether or not such
customers are under contract, and (ii) Seller may, with mutual consent,
make up deliveries of Coke to Buyer which have been prevented by a Force
Majeure event, and/or (iii) to the extent that Seller does not make up such
deliveries, then Buyer's annual quantity obligation shall be reduced
accordingly.
13.0. WARNING
-------
13.1. The Material Safety Data Sheet attached hereto as Exhibit B,
which is made a part of this Agreement, contains information regarding health
risks and recommendations for the safe use and handling of Coke.
13.2. THE COKE SOLD BY SELLER MAY BEAR OR CONTAIN HAZARDOUS
CHEMICALS, RESIDUES OR OTHER HAZARDOUS MATERIALS WHICH MAY BE, OR MAY BECOME
BY CHEMICAL REACTION OR OTHERWISE, DIRECTLY OR INDIRECTLY HAZARDOUS TO LIFE,
TO HEALTH, OR TO PROPERTY BY REASON OF TOXICITY, FLAMMABILITY, EXPLOSIVENESS,
OR FOR OTHER SIMILAR OR DIFFERENT REASONS DURING TRANSPORTATION, USE HANDLING,
REMOVAL, REFINING, CLEANING, RECONDITIONING, DISPOSAL OR OTHER SIMILAR EVENTS.
13.3 Buyer acknowledges and represents that it has read and
understands the Material Safety Data Sheet and the above warning and
will read and undertake to understand any subsequent Material Safety Data
Sheets or written warnings provided by Seller from time to time an undertakes
to exercise the degree of care required to protect persons and properties from
all hazards of the Coke disclosed in the Material Safety Data Sheets or
warnings including but no limited to (i) warning the employees of Buyer and
its affiliates who may become exposed to the Coke of the said hazards of the
Coke, providing such employees with necessary and appropriate safety
equipment and taking appropriate measures to assure that such safety
equipment is adequately maintained and properly used, and (ii) warning third
parties who may purchase or come into contact with the Coke or who handle or
transport the Coke on the behalf of Buyer of the aforesaid hazards of the
Coke.
14.0. INDEMNITY
---------
The Buyer shall indemnify and hold harmless the Seller, its parent,
subsidiaries, successors and assigns, and other officers, directors,
employees, subcontractors, and agents against any and all liabilities, claims,
demands and/or suits (including attorneys' fees and all costs), which arise
out of or are related in any way to the possession, handling, use, or resale
of the Coke after title to the Coke passes to the Buyer. The Buyer shall, at
the option of the Seller, defend the Seller at the Buyer's sole expense
against any claims, demands and/or suits which are covered by this Indemnity/
Hold Harmless clause.
15.0. WAIVER
------
No waiver, either express, or by course of dealing or course of
performance, of any of the terms and conditions contained in this Agreement,
or waiver of any breach of any of the terms and conditions contained in this
Agreement, shall be construed as a subsequent waiver of any of the terms and
conditions of this Agreement or as a waiver of any subsequent breach of the
same or any other term or condition of this Agreement.
16.0. ASSIGNMENT
----------
Neither party may assign this Agreement without the prior written
consent of the other party; except that, either party may assign this
Agreement to any of its affiliates, in which event the assignor shall remain
responsible for the assignee's complete performance.
17.0. NOTICES
-------
All notices required or permitted by the terms of this Agreement shall
be deemed sufficient if given by personal delivery, telegram, telex, or
telecopier, or by prepaid, certified mail and addressed to the Seller and to
the Buyer as follows:
TO SELLER: CONOCO INC.
000 Xxxxx Xxxxx Xxxxxxx
X.X. Xxx 0000
Xxxxxxx, Xxxxx 00000
Telex No: 775347
Attention: Manager
North American Petroleum Coke
Xxxxx Building, Room 3030
TO BUYER: Great Lakes Carbon Corporation
0 Xxxxxxxxxxx Xxxxx, Xxxxx 0000
00000 Xxxxxxxxxx Xxxxx
Xxxxxxx, Xxxxx 00000
Fax No: (000) 000-0000
Attention: V.P., Raw Materials
18.0. TERMINATION
-----------
Unless terminated earlier pursuant to Sections 4.3. or 8.2., either
party may terminate this Agreement upon completion of the initial term,
by giving written notice to the other party on or before CONFIDENTIAL
TREATMENT. In addition, either party may terminate this Agreement as of
December 31 of any subsequent year by giving written notice to the other
party on or before July 1 of that year.
19.0. GOVERNING LAW
-------------
This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas, U.S.A.
20.0. MISCELLANEOUS PROVISIONS
------------------------
20.1. The section headings contained in this Agreement are for the
convenience of the parties only and shall not be interpreted as part of this
Agreement.
20.2. To the extent it can legally do so, the Buyer hereby waives
all causes of action and remedies to which the Buyer is or may be entitled
under the Texas Deceptive Trade Practices Act.
21.0. MODIFICATION
------------
This agreement shall not be modified except by written instrument
executed by duly authorized representatives of the respective parties.
22.0. ENTIRE AGREEMENT
----------------
This Agreement, including all Exhibits, contains the full and complete
understanding of the parties with respect to the purchase and sale of Coke.
This Agreement shall not be affected by the acknowledgment or acceptance by
the Seller of purchase orders, acknowledgments, sales orders, releases or any
other form submitted by the Buyer, which contain other or different terms and
conditions from those included in this Agreement.
IN WITNESS WHEREOF, Seller and Buyer have caused this Agreement to be
executed in duplicate originals by their duly authorized representatives this
____ day of ____________, 19__.
WITNESS: CONOCO INC.
By: /s/XX Xxxx 10/28/97
------------------------ -------------------------------
Title: Manager, Global Carbon
-------------------------------
WITNESS: GREAT LAKES CARBON CORPORATION
By: /s/Xxx Xxxxx
------------------------ -------------------------------
Title: Vice President, Raw Materials
-------------------------------
EXHIBIT A
CONFIDENTIAL TREATMENT GREEN ANODE COKE SALES AGREEMENT
BETWEEN
CONOCO INC.
AND
GREAT LAKES CARBON CORPORATION
EFFECTIVE CONFIDENTIAL TREATMENT
PRODUCT SPECIFICATIONS
PROPERTY TYPICAL AVERAGE REJECT TEST METHOD
MONTHLY MAXIMUM
MEAN
Moisture, wt% CONFIDENTIAL TREATMENT Conoco Method
TSL-19-80
and/or GLC
Method C-1B
Volatile
Matter, wt% CONFIDENTIAL TREATMENT ASTM D-4421
Sulfur, wt% CONFIDENTIAL TREATMENT ASTM D-1552
Ash, wt% CONFIDENTIAL TREATMENT ASTM D-4422
Metals, ppm: ASTM D-5600-94
Iron CONFIDENTIAL TREATMENT
Vanadium CONFIDENTIAL TREATMENT
Nickel CONFIDENTIAL TREATMENT
Silicon CONFIDENTIAL TREATMENT
Sodium CONFIDENTIAL TREATMENT
Calcium CONFIDENTIAL TREATMENT
Nickel +
Vanadium CONFIDENTIAL TREATMENT
Individually NI and VA may exceed monthly average as long as the combined
NI and VA do not exceed CONFIDENTIAL TREATMENT on a monthly average.
EXHIBIT B
CONOCO
MATERIAL SAFETY DATA SHEET
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COKC0020 Revised 7-APR-1997 Printed 1-MAY-1997
Green Petroleum Coke
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CHEMICAL PRODUCT/COMPANY IDENTIFICATION
Material Identification
CAS Number 00000-00-0
----------------------------------------------------------
Tradenames and Synonyms
Green Anode Coke, Green Anode Code PC
Green Fuel Coke
Green Premium Coke
Needle Coke
Graphite Petroleum Coke
8950, 8942, 8940, 8971, 8977, 8982
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Company Identification
MANUFACTURER/DISTRIBUTOR
Conoco, Inc.
X.X. Xxx 0000
Xxxxxxx, XX 00000
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PHONE NUMBERS
Product Information 0-000-000-0000
Transport Emergency CHEMTREC 0-000-000-0000
Medical Emergency 1-800-441-3637
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COMPOSITION/INFORMATION ON INGREDIENTS
Components
Material CAS Number %
----------------------------------------------------------
Thermocracked Coke, Green 00000-00-0 100
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Components (Remarks)
If workplace exposure monitoring indicates detectable levels
of polynuclear aromatic hydrocarbons, refer to the Exposure
Controls/Personal Protection Section.
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(Continued)
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HAZARDS IDENTIFICATION
Potential Health Effects
Primary Routes of Exposure/Entry: Skin Inhalation
Signs and Symptoms of Exposure/Medical Conditions Aggravated
by Exposure:
The product is a relatively nontoxic material. The "nuisance
dust" exposure values are listed but they apply to any inert
substance capable of producing airborne particulates.
Excessive concentrations of nuisance dusts may reduce
visibility, cause unpleasant deposits in the eyes, ears, and
nasal passages, or irritate the skin or mucous membranes by
mechanical means. However, the workplace exposure is not
known or expected to cause a significant health effect.
The product, as with many petroleum products, may cause
minor skin, eye, or lung irritation, but good hygienic
practices can minimize these effects.
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Carcinogenicity Information
None of the components present in this material at
concentrations equal to or greater than 0.1% are listed by
IARC, NTP, OSHA or ACGIM as a carcinogen.
------------------------------------------------------------------
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FIRST AID MEASURES
First Aid
INHALATION
If inhaled, remove to fresh air. If not breathing, give
artificial respiration. If breathing is difficult, give
oxygen. Call a physician.
SKIN CONTACT
Wash thoroughly with soap and water after contact. If
irritation develops, consult a physician.
EYE CONTACT
In case of contact, immediately flush eyes with plenty of
water for at least 15 minutes. Call a physician
INGESTION
No specific intervention is indicated as compoind is not
likely to be hazardous by ingestion. Consult a physician
if necessary.
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(Continued)
FIRE FIGHTING MEASURES
Flammable Properties
Flash Point: No Applicable Test.
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Fire and Explosion Hazards:
May burn if exposed to temperatures above 700 deg F (370
deg C.)
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Extinguishing Media
Water Spray, Water Fog.
The most effective method of extinguishment is drenching
with water or water fog. Though other forms of
extinguishing agent may be used, they are considered less
effective for deep seated smoldering fires.
Burning green coke has similar characteristics to burning
coal -- may be readily extinguished using water fog after
spreading the burning material.
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Fire Fighting Instructions
Most reported coke fires have occurred when freshly
produced coke is inadequately cooled and stored in a manner
that allows the movement of air through the coke bed. Coke
should be well quenched or cooled before it is stored in a
pile out of doors or placed in silos or bins. Storage
should be arranged to prevent movement of air through the
coke.
Should a fire occur, its location and extent should be
determined as quickly as possible. The best procedure is to
dig out and remove the coke in the heated zone. The hot
coke should be drenched with water as it is exposed.
Because of the possibility of a steam explosion, great care
should be used in introducing water into confined storage
such as a silo. Whenever possible, bulk material in silos
should be removed and the material drenched in an open area.
Products of combustion may contain carbon monoxide, carbon
dioxide, and other toxic materials. Do not enter enclosed
or confined space without proper protective equipment
including respiratory protection.
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ACCIDENTAL RELEASE MEASURES
Safeguards (Personnel)
NOTE: Review FIRE FIGHTING MEASURES and HANDLING (PERSONNEL)
sections before proceeding with clean-up. Use appropriate
PERSONAL PROTECTIVE EQUIPMENT during clean-up.
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Spill Clean Up
Recover undamaged and minimally contaminated material for
reuse and reclamation. Shovel or sweep up.
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(Continued)
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HANDLING AND STORAGE
Handling (Personnel)
Wash thoroughly after handling. Wash clothing after use.
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Storage
Store in accordance with National Fire Protection
Association recommendations.
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EXPOSURE CONTROLS/PERSONAL PROTECTION
Engineering Controls
Ventilation: Keep area well ventilated and avoid inhalation
of dust.
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Personal Protective Equipment
Respiratory Protection: Select appropraite NIOSH-approved
respiratory protection where necessary to maintain
exposure below the acceptable limits. Proper respiratory
selection should be determined by adequately trained
personnel and based on the containment(s), the degree of
potential exposure and published respirator protection
factors.
Protective Gloves: Wear impervious gloves.
Eye Protection: Use close fitting goggles.
Other Protective Equipment: Sufficient protective clothing
to minimize skin exposure. Launder contaminated clothing
before reuse.
Other Precautions: Coke can contain very low ppm levels of
polynuclear aromatic hydrocarbons. OSHA has a coal-tar
pitch volatile exposure standard (permissible exposure
limit) of 0.2 mg/m3 (benzene-soluble fraction of total
particulates) that applies if the workplace has DETECTABLE
levels of any of six polynuclear aromatic hydrocarbons
(anthracene, benz-a-pyrene, phenanthrene, acridine,
chrysene, and pyrene).
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Exposure Guidelines
Exposure Limits
Green Petroleum Coke
PEL (OSHA) Particulates (Not Otherwise Regulated)
15 mg/m3, 8Hr. TWA, total dust
5 mg/m3, 8 Hr. TWA, respirable dust
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PHYSICAL AND CHEMICAL PROPERTIES
Physical Data
Boiling Point Solid
Melting Point Nonmelting solid
% Volatiles (volume %) Approximately 5-15%
Solubility in Water Insoluble
Odor Slight hydrocarbon
Form Solid
Color Black
Bulk Density (Loose) Approximately 52 lb/cu ft.
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STABILITY AND REACTIVITY
Chemical Stability
Stable.
Not reactive under normal conditions.
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Incompatibility with Other Materials
Incompatible with strong oxidizers.
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Decomposition
Combustion may produce oxides of sulfur and carbon.
Incomplete combustion can produce carbon monoxide.
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Polymerization
Polymerization will not occur.
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TOXICOLOGICAL INFORMATION
Animal Data
Monkeys and rats were exposed six (6) hours a day for 24
months to green petroleum coke dust (10 or 31 mg/mg3). No
tissue effects occurred in monkeys, but the rats showed lung
inflammation.
PNAs (polynuclear aromatic hydrocarbons) have caused cancer
involving skin and internal organs of laboratory animals.
This animal data should be interpreted cautiously since
these studies involved repeated exposure of shaved skin
which was never washed free of test material; the resulting
skin effects (irritation, cell damage, etc.) may play a role
in the tumorigenic response. Also, limited studies of
carcinogenic oils have shown that washing the animals' skin
with soap and water between applications greatly reduces
tumor formation. These studies demonstrate the
effectiveness of cleansing the skin after contact.
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DISPOSAL CONSIDERATIONS
Waste Disposal
Treatment, storage, transportation, and disposal must be in
accordance with applicable Federal, State/Provincial, and
Local regulations. Remove nonusable solid material and/or
contaminated soil, for disposal in an approved and permitted
landfill.
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TRANSPORTATION INFORMATION
Shipping Information
DOMESTIC HM-181
Not regulated in packaged or containerized shipments.
Regulated only in bulk water shipments by U.S. Coast
Guard in 46 CFR.
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(Continued)
TRANSPORTATION INFORMATION (Continued)
Must not be loaded in cargo vessels when temperatures
exceed 225 deg F. See Coast Guard Special Permit 3.86
(which supercedes 46 CFR 148.04-15) and 46 CFR 148.04-17.
INTERNATIONAL/HM-181:
Regulated by IMO as "material hazardous only in bulk".
See IMO Bulk Code Nos. 40/45 for loading requirements.
ICAO:
Not regulated under ICAO.
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REGULATORY INFORMATION
U.S. Federal Regulations
OSHA HAZARD DETERMINATION
This material is not known to be hazardous as defined by
OSHA's Hazard Communication Standard, 29 CFR 1910.1200.
CERCLA/SUPERFUND
Not applicable; this material is covered by the CERCLA
petroleum exclusion. Releases are not reportable.
XXXX, TITLE III 302/304
This material is not known to contain extremely hazardous
substances.
TITLE III HAZARD CLASSIFICATIONS SECTIONS 311, 312
Acute : No
Chronic : No
Fire : No
Reactivity : No
Pressure : No
XXXX, TITLE III, 313
This material is not known to contain any chemical(s) at
a level of 1.0% or greater (0.1% for carcinogens) on the
list of Toxic Chemicals and subject to release reporting
requirements.
TSCA
This material is in the TSCA Inventory of Chemical
Substances (40 CFR 710) and/or is otherwise in compliance
with TSCA.
RCRA
This material, when discarded or disposed of, is not
specifically listed as a hazardous waste in Federal
regulations; however, it could be considered hazardous
if it meets criteria for being toxic, corrosive,
ignitable, or reactive according to U.S. definitions
(40 CFR 261). This material could also become a
hazardous waste if it is mixed with or comes in contact
with a listed hazardous waste. If it is a hazardous
waste, regulations 40 CFR 262-266 and 268 may apply.
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(Continued)
REGULATORY INFORMATION (Continued)
CLEAN WATER ACT
This material is not known to contain any ingredient(s)
subject to the Act.
State Regulations (U.S.)
CALIFORNIA "PROP 65"
The material contains ingredient(s) known to the State of
California to cause cancer, birth defects, or other
reproductive harm. Read and follow all label directions.
Ingredient Nickel (<0.1%)
PENNSYLVANIA WORKER & COMMUNITY RIGHT TO KNOW ACT
This material may contain the following ingredient(s)
subject to the Pennsylvania Worker and Community Right
to Know Hazardous Substances List.
Ingredient Nickel
CAS Number 7442-02-0
Category Environmental Hazard, Special
Hazardous Substance
Ingredient Sulfur
CAS Number 7704-34-9
Category Hazardous Substance
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Canadian Regulations
This is not a WHMIS Controlled Product.
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OTHER INFORMATION
NFPA, NPCA-HMIS
NPCA-HMIS Rating
Health 1
Flammability 1
Reactivity 0
Personal Protection rating to be supplied by user depending
on use conditions.
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The data in this Material Safety Data Sheet relates only to
the specific material designated herein and does not relate
to use in combination with any other material or in any
process.
Responsibility for MSDS : MSDS Coordinator
Address : Conoco Inc.
> : X.X. Xxx 0000
> : Xxxxxxx, XX 00000
Telephone : 0-000-000-0000
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End of MSDS
