Duratek Federal Services, Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.5. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration APR 16 2003 Mr. James H. Portsmouth Traffic Manager Ref No.: 02-0267 Duratek Federal Services, Inc. 3000 George Washington Way Richland, Washington 99352-0700 Dear Mr. Portsmouth: This is in response to your inquiry concerning the placement of the waste code number in the shipping description shown on a shipping paper and marking requirements for hazardous substances under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1: If a material described as Waste, Radioactive material, LSA, n.o.s., 7, UN2912, meets the reportable quantity (RQ) for lead (D008), but does not meet or exceed the RQ for any radionuclide, is the waste code number required to be identified in parentheses on the shipping paper or package marking in accordance with §§ 172.203(c) and 172.324(a), respectively? Al: Section 172.203(c) excepts Class 7 (Radioactive) materials that are described in accordance with § 172.203(d) from the additional shipping paper description requirements for hazardous substances. Section 172.203(d) requires the name of each radionuclide to be shown on the shipping papers. If your material is described in accordance with § 172.203(d), it is not required to be described in accordance with § 172.203(c). You are excepted from the package marking requirements for hazardous substances in § 172.324 only, if your radioactive material is labeled in accordance with § 172.403. Section 172.403(g) requires the name of the radionuclides be identified on the label. If your material is not described under § 172.203(d), and the package is not labeled under § 172.403, the constituent must be identified as the hazardous substance on the shipping paper and package marking. The letters "RO" must be marked on a non-bulk package in association with the proper shipping name. Q2: Specifically, you ask whether Waste Radioactive material, LSA, n.o.s, 7, UN2912, may be in § 172.203(c)(1)? described in accordance with §172.203(d) and, therefore, be excepted from the requirements A2: The answer is yes. See answer Al. 172.203 020267#

Page 2• Q3: Is the intent to except radioactive materials from the HMR that qualify as a hazardous substance based on § 172.101, Appendix A, Table 1 (Hazardous Substances Other Than Radionuclides), in addition to hazardous substances that qualify based on Table 2 (Radionuclides)? A3: See answer A1. Q4: If the hazardous substance constituent is not required to be entered in parentheses in information in the shipping paper or package markings? accordance with §§ 172.203(c)(1) and 172.324(a), is it permissible to include it as additional A4: Yes. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, Ahma, Billio Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards,#

Page 310/03/2002 15:43 FAX 5093760361 DURATER TRAINING SRVS Ø002 Duratek Duratek Federal Services, Inc. Federal Services River Protection Project Operations 3000 George Washington Wuy Relerford Richland, Washington 99352 (509) 371-3844 - Phone (509) 371-3700. FGx $172.203 (c)(U) $172.324(a) Shipping Papers October 3, 2002 Marking JHP-02-2375 02-0267 Director, Office of Hazardous Materials Standards Mr. Edward I. Mazzullo United States Department of Transportation 400 7" Street, Southwest Researoh and Special Programs Administration (DHM-10) Washington, D.C. 20590-0001 Dear Mr. Mazzullo: HAZARDOUS SUBSTANCE SHIPPING PAPER AND MARKING REQUIREMENTS equest a letter of interpretation regarding shipping paper entry and marking requirements fo Juratek Federal Servioes, Inc. (Federal Services) Training Services Department would like t Hazardous Substances; Title 49 Code of Federal Regulations (49CFR) §§ 172.203(c)(I) and 172.324(a) respectively. If a shipment of Waste Radioactive material, ISA, n.o.s., 7, UN 2912, which qualifies as a / hazardous substance for the D008 waste code (but not for a radionuclide), is being prepared for shipment, is the shipper required to identify the waste code in parenthesis as a shipping paper entry or marking in accordance with 49 CFR §§ 172.203(c)(1) and 172.324(a) respectively? 49 CFR § 173.203 (c)(1) requires that if a material meets the definition of a hazardous substance and the proper shipping name does not identify-the hazardous substance by name, the name of the hazardous substance shall be entered in parenthesis in association with the basic description. (d) of that section. There is a similar exception regarding labeled Class 7 materials in 49 CFR However, this paragraph excepts radioactive materials described in accordance with paragraph §172.324 (a). The Waste Radioactive material, LSA n.o.s, 7, UN 2912 would be described in accordance with 49 CFR §172.203(d) and thercforc would be excepted from 49 CFR §173.203(c)(1). Is it the intent of the HMR to except radioactive materials that qualify as a hazardous substance based on 49 CFR 172.101, Appendix A, Table 1 in addition to those that qualify based on#

Page 410/03/2002 15:43 FAX 5093760361 DURATEK TRAINING SRVS 4003 Mr. Edward T. Mazzullo Page 2 JHP-02-2375 October 3, 2002 Also, if the hazardous substance constituent is not required to be entered in parenthesis in information in the shipping paper or package markings? accordance with §§ 172.203(c)(1) and 172.324(a), is it permissible to include it as additional Thank you for your consideration of this request. Sincerely, James 1. Bresmoreet James H. Portsmouth. Traffic Manager ars DFSNW - R. W. Reddinger K.A. Smith J. H. Portsmouth Contracts File/LB#