Scana Power for Living — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation AUG 3 2005 400 Seventh Street, S.W Nashington, D.C. 2059 Pipeline and Administration Hazardous Materials Safety Mike E. Moore, P.G. Reference No. 05-0066 6248 Bush River Road Scana Power for Living Columbia, SC 29212-0934 Dear Mr. Moore: This is in response to your e-mails concerning whether or not a plant's receiving facility is CFR Parts 171-180). You state the plant's employees assist carriers with off-loading bulk required to develop a security plan under the Hazardous Materials Regulations (HMR; 49 packages of hazardous material, as well as other related tasks. Section 172.800(b) requires each person who offers for transportation or transports in commerce one of the hazardous materials listed in §§ 172.800(b)(1) through 172.800(b)(7) to develop and implement a security plan. Under the HMR, facilities that receive hazardous materials are not required to have security plans. I hope this information is helpful. Sincerely Matte 7. mittel Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards 172.800 050066#

Page 2Page 1 of 1 Edmonson, Eileen <PHMSA> From: MOORE, MICHAEL E [MMOORE@scana.com] Edmonson Sent: Tuesday, March 22, 2005 4:14 PM Edmonson, Eileen <PHMSA> 3172. 800 Subject: DOT Security Plan Triggers cunty Plan 15-0066 requiring the receiving facility to create and implement a Security Plan. Any amplifying information, citations, etc. would be This is to follow up on our phone conversation regarding the following scenario and the implications for triggering or that are required for plant operations. Typically off loading various hose hook ups are made by the delivering carriers Scenario: A Facility receives Fuel Oil, Sulfuric Acid, Anhydrous Ammonia, and various other Bulk shipments of Haz Mat driver. In most cases facility operational personnel will also be engaged during the delivery to operate facility valving, function to respond if an off normal event occurred. As such, aiding in the delivery would make these facility employees pumps, or other process controls in the vicinity of the unloading vehicle, or even signing for the delivery. They would also create a "Security Plan for the Site"? Does it matter if the Haz Mat delivered is being transported and delivered under a The question is whether any of the activities described where a facility receives Haz Mat is a trigger for the Facility to Security Plan? SCANA POWER FOR LIVING 6248 Bush River Road Mike E. Moore, P.G. Columbia, SC 29212-0934 803-217-9302 office 803-933-7220 fax 803-331-4463 mobile <mailto:mmoore@scana.com> 03/22/2005#