Disposal of spray-finishing filter pads and rolls

February 11, 2008

Mr. Dennis C. Hansberry

Safety-Kleen Systems, Inc.

[Recipient address omitted]

Dear Mr. Hansberry:

This letter is in response to your letter of June 25, 2007, addressed to the Occupational Safety and Health Administration's (OSHA's), Directorate of Enforcement Programs (DEP), regarding the discarding of filter pads and filter rolls, as indicated in 29 CFR 1910.107, Spray finishing using flammable and combustible materials. This letter constitutes OSHA's interpretation only of the requirements discussed and may not be applicable to any questions not delineated within your original correspondence. Your paraphrased scenario, questions, and our responses, are provided below.

Scenario: Based on a follow-up telephone communication from August 8, 2007, we understand that Safety-Kleen Systems, Inc. (S-K) corporation collects, processes, recycles, and disposes hazardous and non-hazardous wastes. The corporation collects discarded filter pads/rolls from spray finishing operations on a bi-weekly basis. The corporation has questions concerning the storage requirements for the discarded filters/pads and for the water-filled metal containers addressed in the 29 CFR 1910.107(b)(5)(ii) provision.

Question 1: Is the requirement for the paint filter pads/rolls to be placed in a water-filled metal container just for the storage of these materials within the immediate processing area at the manufacturer, if they are not removed to a safe detached area?

Response 1: Yes. Please note that 29 CFR 1910.107(b)(5)(ii) states, "All discarded filter pads and filter rolls shall be immediately removed to a safe, well-detached location or placed in a water-filled metal container and disposed of at the close of the day's operation unless maintained completely in water." As a result, the standard provides three options for disposing discarded filter pads and rolls.

• Immediately remove to a safe, well-detached location.

• Place in a water-filled metal container, and dispose of at the end of the day's operation.

• Maintain completely in water in a metal container.

Therefore, unless the paint filter pads/rolls are immediately removed to a safe, well-detached location or placed in a water-filled metal container for disposal at the end of the day's operation, they must be maintained completely in water in a metal container.

Question 2: Assuming these containers of paint filter pads/rolls are offered for shipment and ultimate disposal off site; if the manufacturer who generated the pads had initially removed the pads to a well detached location in (fiber, plastic, or metal) containers that were not water-filled, must they be repackaged in water-filled metal containers prior to shipment, temporary storage, and ultimate disposition at an approved and permitted off-site facility?

Response 2: Please note that the transport of the discarded filter pads/rolls to off-site disposal locations is not regulated by OSHA, and, therefore, the 29 CFR 1910.107 provisions would not apply. The requirements for transporting waste are regulated at the U.S. Department of Transportation, and their contact information is provided below:

U.S. Department of Transportation

1200 New Jersey Ave, SE

Washington, DC 20590

Telephone: 202-366-4000

As you may know, the State of South Carolina administers its own occupational safety and health program under a plan approved and monitored by Federal OSHA. States are required to have regulations that are at least as effective as the federal standards, although they may be more stringent. In order to obtain South Carolina's policy on this issue, you may direct your inquiry to:

Adrienne R. Youmans, Director

South Carolina Department of Labor, Licensing and Regulation

Koger Office Park, Kingstree Building

110 Centerview Drive

PO Box 11329

Columbia, South Carolina 29210

Telephone: (803) 896-4300

Thank you for your interest in occupational safety and health. We hope you find this information helpful. OSHA requirements are set by statute, standards, and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at http://www.osha.gov.

If you have any further questions, please feel free to contact the Office of General Industry Enforcement at 202-693-1850.

Sincerely,

Richard E. Fairfax, Director

Directorate of Enforcement Programs