Alliant Techsystems Inc. (ATK) — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration SEP 11 2006 Mr. Christopher Widman Alliant Techsystems Inc. (ATK) Ref. No. 06-0174 Edina, MN 55436-1097 5050 Lincoln Drive Dear Mr. Widman: This responds to your July 31, 2006, letter requesting clarification of the applicability of waste generator. Specifically, you ask if a hazardous waste generator can be a generator the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-185) to a hazardous and not a shipper, and, how the registration requirements under §107.601 apply for a facility that does not meet applicability requirements. According to your letter, ATK is the owner of a facility that generates hazardous waste. The type and amount of hazardous waste being transported does not meet applicability requirements of $107.601 for DOT registration. You contract with a company to pack, mark and label the hazardous waste, as well as prepare the hazardous waste manifest. However, ATK provides the signature on the hazardous waste manifest, verifying compliance with the HMR. As defined in §171.8, an "offeror" is any person who performs or is responsible for performing, any pre-transportation function required under the HMR for transportation of the hazardous material in commerce, or tenders or makes a hazardous material available to a carrier for transportation in commerce. Pre-transportation functions include: (1) determining the hazard class or the material; (2) selecting a packaging; (3) filling the the shipping paper; and (6) certifying that the hazardous material shipment is in proper packaging and securing its closures; (4) marking and labeling the package; (5) preparing condition for transportation in conformance with HMR requirements. Because ATK signs the hazardous waste manifest to certify that the shipment conforms to all applicable HMR requirements, ATK is an offeror for purposes of the HMR. 107.601 171.8 060174#

Page 2Under §107.601, a person who offers or transports hazardous materials in the amounts transportation the amounts listed in §107.601, then ATK is not required to register. listed must register. However, if ATK does not offer or transport hazardous materials for I hope this answers your inquiry. Sincerely, Chief, Standards Development Office of Hazardous Materials Standards#

Page 3Boothe $/71.8 9172.205 ATK › $107,601 Applicabilty/ 5050 Lincoln Drive Definition Edina, MN 55436-1097 06-0174 Date 31 July 2006 From Chris Wid nan Subject DOT Ruling on§172.205 Organization MS Corporate Safety & Environment MN01-4040 To DOT Info Center Telephone Christopher. Widman @ATK.COM Fax 952-351-5506 952-351-3028 Dear DOT Info Center Alliant Techsystems Inc. (ATK) is requesting review and response to questions regarding 49CFR $172.205 (Hazardous Waste Manifests) and the DOT definition of shipper (generator). Specifically, can a person be a generator of Hazardous Waste, but not a shipper? A copy of a standard Haz Waste Manifest (EPA Form 8700-22 (Rev. 3-05)) is submitted as a separate electronic attachment for review. ATK believes the below Sections of 49CFR may also be worthy of review: §107.601; Registration Applicability's § 172.504 (c); Placarding Exceptions for less then 454KG § 171.8; Definitions; Haz Mat Employee § 171.8; Definitions; Person who offers or offerer Background ATK is the owner of a facility that generates Hazardous Waste (Haz Waste). The type and amount of Haz Waste being transported do not meet the applicability requirements of §107.601, (DOT Registration Requirements). The facility contracts with an approved Hazardous Waste Disposal company (Clean Harbors). i can a bars is tractip upon area team protes the lea Proper Ship Name of the materials so they know what United Nations (UN) Packaging they need to bring with them on their return visit. Clean Harbors then returns with DOT trained personnel who pack, mark and label the Haz Waste. Clean Harbors then generates the Haz Waste Manifest including identif cation of US DOT Description (paragraphs 9-14 of EPA Form 8700-22). AI-558PC#

Page 4The ATK contract requires Clean Harbors to be responsible for meeting all DOT packaging, marking, labeling & shipping paper regulations. We also require that Clean Harbors identify and supply their own Lab Packs or other required packaging. Because ATK is required to provide a signature on the Haz Waste Manifest, we believe they are ›y definition, a person who meets the applicability requirements of a Haz Mat Employee §171.8 Is such, the ATK person who signs the manifest has completed all appropriate DOT Training (paragraphs 9-14 of EPA Form 8700-22) and signs paragraph 15 of Haz Waste Manifest. The ATK Haz Mat Employee verifies that Clean Harbors has met all applicable DOT regulations Clean Harbors then loads the materials onto vehicles owned and operated by Clean Harbors, and transport the materials to an approved disposal facility. Summary ATK understands that there are regulatory differences between the applicability requirements of but not a shipper. We wish to determine if the same intent applies for generator (shipper) shippers and carriers. A person may be a shipper, but not a carrier. Or, a person ray be a carrier, Questions: 1) Can a person be a generator, but not a shipper? to question #1 above is no, how does ATK obtain a DOT Registration ($107.601) for a facility 2) If the answer to question #1 above is yes, ATK will continue to operate as such. If the answer that doesn't meet the applicability requirements? Please do not hesitate to contact me with any questions regarding this request. Regards, Christopher f. Wilman Christopher. Widman@ATK.COM Chris Widman Tele: 952.351.5506#

Page 5Please print or type: (Form designed for use on elite (12-pitch) lypewriter.) • UNIFORM HAZARDOUS 1. Generalor iD Number Form Approved. OMB No. 2050-0039 5. Generators Name and Mailing Address WASTE MANIFEST Generator's Site Address (if different than mailing address) U.S. EPAID Num ser 7. Transporter 2 Company Name U.S. EPAID Numiner 8. Designated Facility Name and Site Address US ERATO NAmer Facility's Phone: HM 9a. and Packing Group in inducing Proper Shipping Name, Hazard Class, 10 Number, No. 10. Containers Type Quantity 11. Total WL.Not. 12. Unit 13. Waste Codes GENERATOR 14. Special Handling Instructions and Additional Information 15. GENERATOR'S/OFFEROR'S CERTIFICATION: thereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged Exporter, I certify that the contents of this consignment conform to the terms of the attached EPA Acknowledgment of Consent. marked and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations. If ex sort shipment and l am the Primary Generator's/Offeror's Printed/Typed Name I certify that the waste minimization statement identified in 40 CFR 262.27(a) (if I am a large quantity generator) or (b) (if 1 am a small quantity generator) is true Signature Month Day Year 16. International Shipments Transporter signature (for exports only) Import to U.S. • Exportfrom U.S. Date leaving U.S.: Port of entrylexit: Transporter 1 Printed/Typed Name 17. Transporter Acknowledgment of Receipt of Materials TRANSPORTER Signature Month Day Year Transporter 2 Printed/Typed Name Signature Month Day Year 18. Discrepancy 18a. Discrepancy Indication Space L Quantity •туре Residue •Partial Rejection •full Rejection • 18b. Alternate Facility (or Generator) Manifest Reference Number: U.S. EPA ID Number Facility's Phone: 18c. Signature of Alternate Facility (or Generator) Month Day Year • Hazardous Hazardous Waste Report Management Method Codes (ie., codes for hazardous waste treatment, disposal, and recycling systems) 1. 13. 14. Printed/Typed Name 20. Designated Facily Owner or Derator. Centication of receipt of hazardous materials covered by ine maniest except as noted in lem 18a. Month Day Year EPA Form 8700-22 (Rev, 3-05) Previous editions are obsolete. DESIGNATED FACILITY TO DESTINATION STATE (IF REQUIRED) -#