Duratek Federal Services, Inc — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Administration JAN 2 2003 Mr. James H. Portsmouth Traffic Manager Reference No.: 02-0276 Duratek Federal Services, Inc 345 Hills Street Richland, WA 99352-0700 Dear Mr. Portsmouth: This is in response to your letter requesting clarification of the shipping paper and marking requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state the material is a hazardous waste subject to the EPA Uniform Hazardous Waste Manifest requirements and is described in accordance with § 172.203(d) as "Waste Radioactive material, LSA, n.o.s., 7, UN2912." This material does not meet or exceed the reportable quantity (K) for any radionuclide; however, it does meet the definition of a hazardous substance in § 171.8 for waste code D008. Your questions are paraphrased and answered as follows: Q1. Is the offeror of this material required to identify the hazardous substance by name or waste code in parentheses as a shipping paper entry or marking in accordance with §§ 172.203(c)(1) and 172.324(a) respectively? Al. The answer is no. If a Class 7 material is described and labeled in accordance with §9 172.203 (d) and 172.403(g) respectively, the waste code of the hazardous substance required package. by 38 172.203 (c) and 172.324 does not have to be identified on the shipping paper and on the Q2. Is it permissible to enter the hazardous constituent in parentheses as additional information on the shipping paper when the information is not required by § 173.203(c)(1)? A2. The answer is yes. I hope this satisfies your request. incerels Hithe z. Mthel Hattie L. Mitchell Chief, Regulatory Review and Reinvention 172.203, muniti of Hazardous Materials Standards 172.324 020276#

Page 2OCT-16-2002 WED 10:05 AM DURATEK 5093721435 P. 02 Duratek River Protection Praject Operations Duratek Federal Services, inc. Faderal services Coobin 8505) 371-2700 fax 8172.203()1) $172.324 (a) Shipping Papers Marking October 3, 2002 02-0276 JHP-02-2375 Mr. Edward T. Marzullo Directox, Office of Hazardous Materials Standards Rescarch and Special Programs Administration (DHM-10) United States Department of Transportation 400 7h Street, Southwest Washington, D.C. 20590-0001 Dear Mr. Mazzullo: HAZARDOUS SUBSTANCE SHIPPING PAPER AND MARKING REQUIREMENTS request a letter of interpretation regarding shipping paper entry and marking requirements for Duratek Federal Services, Inc. (Federal Services) Training Services Department would like to Hazardous Substances; Title 49 Code of Federal Regulations (49CFR) §$ 172.203(c)(1) and. 172.324(a) respectively. If a shipment of Waste Radioactive material, LSA, n.o.s., 7, UN 2912, which qualifies as a hazardous substance for the D008 waste codo (but not for a radionuclide), is being prepared for entry or marking in accordance with 49 CFR 8$ 172.203(c)(1) and 172.324(a) respectively? shipment, is the shipper required to identify the waste code in parenthesis as a shipping paper and the proper shipping name does not idantify the hazardous substance by name, the namo of 49 CFR § 173.203 (c)(1) requires that if a material meets the definition of a hazardous substance the hazardous substance shall be entered in parenthesis in association with the basic description However, this paragraph excepts radioactive materials described in accordance with paragraph (d) of that section. There is a similar exception regarding labeled Class 7 materials in 49 CFR §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 therefore 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 Table 2? based on 49 CFR 172.101, Appendix A, Table 1 in addition to those that qualify based on#

Page 3OCT-16-2002 WED 10:06 AM DURATEK 5093721435 P. 03 Mr. Edward T. Mazzullo JHP-02-2375 October 3, 2002 Page 2 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(o)(1) and 172.324(a), is it permissible to include it as additional Thank you for your consideration of this request. yes Sincerely, James H. Breamouet James H. Portsmouth Traffic Manager are DFSNW - R. W. Reddinger J. H. Portsmouth K.A. Smith Contracts File/LB#