{"operation":"document","citation":"04-0197","title":"Bureau of Radiation Protection, Pennsylvania Department of Environmental Protection — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-10-08","effective_on":null,"summary":"04-0197 response to Bureau of Radiation Protection, Pennsylvania Department of Environmental Protection concerning 173.134.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0197.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0197.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-04-0197","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2004/040197.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n400 Seventh St., S.W.\nWashington, D.C. 20590\nspecial Programs\nResearch and\nAdministration\nOCT\n8 2004\nMr. David J. Allard, CHP, Director\nBureau of Radiation Protection\nRef. No. 04-0197\nPennsylvania Department of Environmental Protection\nRachel Carson State Office Building\nP.O. Box 8469\nHarrisburg, PA 17105-8469\nDear Mr. Allard:\nThis responds to your August 31, 2004 letter requesting clarification on the applicability of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to household wastes\nthat have been contaminated with short-lived medical radionuclides and the use of DOT\nExemption 11406. Specifically, you ask whether these contaminated household wastes are\nregulated as Class 7 hazardous materials under the HMR.\nAccording to your letter and previous email correspondence with this office, some household\nwastes may become radiologically contaminated by patients (human and animal) who have\nundergone nuclear medicine procedures, and released to go home. Based on information\npreviously provided to you by this office, it is your understanding that household wastes are\nnot regulated under the HMR. Your understanding is correct. Household wastes, including\nhousehold wastes contaminated with short-lived radionuclides, are not subject to the HMR.\nI hope this answers your inquiry.\nSincerely,\nEdward T. Mazzullo\nDirector\nOffice of Hazardous Materials Standards\n173.134\n040197\n\n<<<PAGE 2>>>\n\nAUG-31-2004\n14:26\nDEP BUREAU OF RADIATION\nP.02\nPennsylvania Department of Environmental Protection\nRachel Carson State Office Building\nP.O. Box 8469\nBoothe\nHarrisburg, PA 17105-8469\n5173.134.\nAugust 31, 2004\nApplicabilite\nBureau of Radiation Protection\n717-787-2480\n04-0197\nFax: 717-783-8965\nU.S. Department of Transportation / RSPA\nAttn: Mr. Edward Mazzullo\nMail Stop: DHM-10\n400 Seventh Street, SW\nWashington, DC 20590\nRe: Request for formal DOT interpretation\nDear Mr. Mazzullo:\nEnclosed please find a copy of my e-mail of August 27, 2004, and the attached letter\nfrom October 3, 2001 to Mr. O'Steen. As I outlined in my original letter and recent e-mail, the\nPA DEP Bureau of Radiation Protection, and similar state radiation control programs around the\ncountry, have been faced with having to issue DOT Exemptions (E-11406) for solid waste that\nhas become radiologically contaminated by patients (human and animal) who have undergone a\nnuclear medicine procedures, and released to go home. We feel this is an unnecessary regulatory\nand recordkeeping burden. More importantly, it appears that an analysis of this situation by\nDOT has concluded your hazardous material regulations in 49 CFR, do not apply to \"household\nwaste.\" (See attached e-mails.)\nAs I mentioned in my e-mail, we will be moving forward with our implementation of\nproper controls on the movement of solid waste that has caused a radiation alarm within the\nCommonwealth. However, in that this has broad implications across the various state radiation\ncontrol programs, we recommend DOT issue a formal \"interpretation.\" Specifically, that DOT\nhas concluded \"household waste\" is not regulated as a Class 7 hazardous material under the DOT\nregulations in 49CFR. This should be communicated to Mr. Terry Devine at the CRCPD, who\ncoordinates this DOT Exemption (see - www.crcpd.org).\nIf you or your staff have any questions on our actions or this recommendation, please do\nnot hesitate to contact me at the telephone number above.\nSincerely,\nDavid J. Allard, CHP\nDirector\nBureau of Radiation Protection\nAn Equal Opportunity Employer\nwww.dep.state.pa.us\nPrinted on Recycled Paper Q\n\n<<<PAGE 3>>>\n\nMAUG-31-2004 14:27\nDEP BUREAU OF RÄDIATION\nP.03\n- .\nAttachments\ncc (no attachments):\nF. Ferate, DOT (DHM-23)\nT. Devine, CRCPD\nS. Pery, PA DEP Bur. of Reg. Counsel\nDEP / BRP Program Managers","truncated":false,"body_characters":3813}