Bureau of Radiation Protection, Pennsylvania Department of Environmental Protection — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh St., S.W. Washington, D.C. 20590 special Programs Research and Administration OCT 8 2004 Mr. David J. Allard, CHP, Director Bureau of Radiation Protection Ref. No. 04-0197 Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Harrisburg, PA 17105-8469 Dear Mr. Allard: This responds to your August 31, 2004 letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to household wastes that have been contaminated with short-lived medical radionuclides and the use of DOT Exemption 11406. Specifically, you ask whether these contaminated household wastes are regulated as Class 7 hazardous materials under the HMR. According to your letter and previous email correspondence with this office, some household wastes may become radiologically contaminated by patients (human and animal) who have undergone nuclear medicine procedures, and released to go home. Based on information previously provided to you by this office, it is your understanding that household wastes are not regulated under the HMR. Your understanding is correct. Household wastes, including household wastes contaminated with short-lived radionuclides, are not subject to the HMR. I hope this answers your inquiry. Sincerely, Edward T. Mazzullo Director Office of Hazardous Materials Standards 173.134 040197#

Page 2AUG-31-2004 14:26 DEP BUREAU OF RADIATION P.02 Pennsylvania Department of Environmental Protection Rachel Carson State Office Building P.O. Box 8469 Boothe Harrisburg, PA 17105-8469 5173.134. August 31, 2004 Applicabilite Bureau of Radiation Protection 717-787-2480 04-0197 Fax: 717-783-8965 U.S. Department of Transportation / RSPA Attn: Mr. Edward Mazzullo Mail Stop: DHM-10 400 Seventh Street, SW Washington, DC 20590 Re: Request for formal DOT interpretation Dear Mr. Mazzullo: Enclosed please find a copy of my e-mail of August 27, 2004, and the attached letter from October 3, 2001 to Mr. O'Steen. As I outlined in my original letter and recent e-mail, the PA DEP Bureau of Radiation Protection, and similar state radiation control programs around the country, have been faced with having to issue DOT Exemptions (E-11406) for solid waste that has become radiologically contaminated by patients (human and animal) who have undergone a nuclear medicine procedures, and released to go home. We feel this is an unnecessary regulatory and recordkeeping burden. More importantly, it appears that an analysis of this situation by DOT has concluded your hazardous material regulations in 49 CFR, do not apply to "household waste." (See attached e-mails.) As I mentioned in my e-mail, we will be moving forward with our implementation of proper controls on the movement of solid waste that has caused a radiation alarm within the Commonwealth. However, in that this has broad implications across the various state radiation control programs, we recommend DOT issue a formal "interpretation." Specifically, that DOT has concluded "household waste" is not regulated as a Class 7 hazardous material under the DOT regulations in 49CFR. This should be communicated to Mr. Terry Devine at the CRCPD, who coordinates this DOT Exemption (see - www.crcpd.org). If you or your staff have any questions on our actions or this recommendation, please do not hesitate to contact me at the telephone number above. Sincerely, David J. Allard, CHP Director Bureau of Radiation Protection An Equal Opportunity Employer www.dep.state.pa.us Printed on Recycled Paper Q#

Page 3MAUG-31-2004 14:27 DEP BUREAU OF RÄDIATION P.03 - . Attachments cc (no attachments): F. Ferate, DOT (DHM-23) T. Devine, CRCPD S. Pery, PA DEP Bur. of Reg. Counsel DEP / BRP Program Managers#