Advanced Chemcial Transports, Inc. — Hazardous Materials Safety Interpretation

Page 10i%. sporant 1200 New Jersey Avenue, SE Washington, D.C. 20590 Pateras sal Hazardous Administration AUG 1 3 2007 Mr. Steven Duque Operations Manager Ref. No.: 07-0148 Castaway Trash Hauling Post Office Box 51930 Sparks, NV 89435 Dear Mr. Duque: This is in response to your letter dated July 27, 2007 and subsequent telephone conversation with Ben Supko of my staff, requesting clarification of the registration requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the registration provisions in § 107.601 applicable to the shipment of asbestos in a 22.94 cubic meter (30 cubic yards) roll-off. In addition, bagged in order for the roll-off to comply with the sift-proof closed bulk bin requirement during the telephone conversation with Mr. Supko, you indicated that the asbestos is in § 173.240(c). Section 107.601(4) states that a person offering a hazardous material in a bulk packaging, container, or tank with a capacity equal to or greater than 13.248 liters (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids is subject to the registration requirement. The roll-off container you are using to transport the asbestos has a capacity of 22.94 cubic meters; therefore, you must register. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely. JohrA. Gale Chief, Standards Development Office of Hazardous Materials Standards 107.601 070148#

Page 2Supkc Page 1 of 1 3107.60/ registration Drakeford, Carolyn <PHMSA> 07-0148 From: INFOCNTR <PHMSA> Sent: Friday, July 27, 2007 1:24 PM To: Drakeford, Carolyn <PHMSA> Subject: FW: Request for formal interpretation Sent: Friday, July 27, 2007 1:18 PM From: Steve Duque [mailto:steve@castawaytrashhauling.com] To: INFOCNTR <PHMSA> Subject: Request for formal interpretation astawan TRASH HAULU July 27, 2007 Via E-Mail: infocntr@dot.gov Department of Transportation To Whom It May Concern: Nevada only. At no time do my trucks cross state lines while transporting Friable Asbestos. My company Castaway Trash Hauling transports Friable Asbestos within the State of The State of Nevada classifies Friable Asbestos as a Class 9 Hazardous material. Therefore, it is an optional placard. When I received my "Alliance for Uniform Hazmat Transportation" renewal packet they from the PHMSA, I was informed that due to the nature of the material that my company requested a copy of my PHMSA registration number. While speaking with a representative transports I am not required to have a PHMSA registration number. I would like a formal interpretation of this rule. In addition to the interpretation I an requesting a letter stating that I do or do not have to have a PHMSA registration number Sincerely Steven Duque Operations Manager Cell 775.771.8597 Castaway Trash Hauling Office 775.342.2444 Fax 775.342.6262 7/30/2007#