Interpretation Response #08-0048
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. Morgan Campbell
Environmental Manager/Plant Engineer
Carolina Filters, Inc.
P.O. Box 716
Sumter, SC 29151
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 171-180). 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 §172.800(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 further assistance, please contact us.
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
|§ 172.800||Purpose and applicability|