Carolina Filters, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave.. S.E. Wash~ngton. DC 20590 APR 7 6 2008 Mr. Morgan Campbell Environmental Manager/Plant Engineer Carolina Filters, Inc. P.O. Box 716 Sumter, SC 291 5 1 Ref. No.: 08-0048 Dear Mr. Campbell: This responds to your February 26,2008, letter regarding the security plan requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-1 80). Specifically, you ask if the security plan requirements apply to hazardous waste in Class 3 (flammable liquid) offered in quantities of over 1,000 pounds, and to other hazardous materials received and used in a process at the facility. In accordance with $1 72.800(b), each person who offers for transportation or transports in commerce one of the listed hazardous materials must develop and implement a security plan. Therefore, hazardous waste in Class 3 (flammable liquid) offered in quantities of over 1,000 pounds requiring placarding is subject to the security plan provisions under the HMR. However, since you are not offering for transportation or transporting the hazardous materials your company only receives and uses at its facility, you are not required to develop and implement a security plan to include such materials. I hope this information is helpful. If we can be of fbrther assistance, please contact us. Sincerely, eP khief, Standards Development Office of Hazardous Materials Standards#

Page 2February 26,2008 To: Infocntr@dot.gov - To Whom It May Concern: I work for a small company that happens to be a large quantity generator of hazardous waste (flammable, and thus placarded). Currently, our company utilizes a third party to transport this waste at less than 1000 pounds per shipment. In addition, our company receives and stores several hazardous materials; however all of these materials are used in our process and are not shipped. I am currently in the process of writing a security plan which will allow for shipment of this hazardous waste at intervals greater than 1000 pounds. My interpretation of 172.800 is that only the hazardous materials offered for shipment (i.e. our hazardous waste) needs to be covered by this security plan. All other hazardous materials which we receive (and use in process), need not be covered. Is this a correct interpretation? A formal interpretation would be appreciated. Regards, Morgan Campbell Environmental ManagerIPlant Engineer Carolina Filters, Inc P.O. Box 716 Sumter, SC 29 1 5 1 Cell: 803-968-071 1 PO. Box 716 109 E. Newberry Ave. Surnter, SC 29151 OFFICE: 803-773-6842 FAX: 803-775-61 90#