Office of Environmental Management, U.S. Department of Energy, EM-l1 — Hazardous Materials Safety Interpretation

Page 1Or resortions SEP 27 2004 400 Seventh St., S.W. Research and Washington, D.C. 20590 Special Programs Idministratior Mr. Dennis Ashworth Reference No.: 04-0199 Director, Office of Transportation Office of Environmental Management 1000 Independence Avenue, SW J.S. Department of Energy, EM-11 Washington, D.C. 20585 Dear Mr. Ashworth: This responds to your letter dated August 23, 2004 concerning the transport requirements for low specific activity (LSA) Class 7 (radioactive) materials in § 173.427 of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). You state that DOE currently has an exemption, DOT-E 12469, which authorizes shipments of liquid LSA-II (radioactive) material, not exceeding an A2 quantity, in DOT Specification MC 312 and DOT 412 cargo tanks. You also state that the exemption expires on December 31, 2004 and that DOE is trying to determine whether renewal of the exemption is required after October 1, 2004, when Docket No. RSPA-99-6283, (HM-230) titled "Compatibility with the Regulations of the International Atomic Energy Agency" becomes effective. Your questions are paraphrased and answered as follows: Q1. Is the transportation of liquid LSA-II (radioactive) material in non-specification cargo tanks authorized under the HMR, as revised by HM-230? Al. The answer is yes. As you correctly stated in your letter, § 173.427(b)(4) as revised under HM-230, authorizes, for less than an A2 quantity, the use of any packaging that meets the general packaging requirements in §§ 173.24, 173.24a and 173.410. Q2. Is transportation of liquid LSA-II (radioactive) material in cargo tanks equipped with bottom outlets authorized under the HMR, as revised by Docket HM-230? A2. The answer is yes. As stated above, § 173.427(b)(4) authorizes, for less than an A2 quantity, the use of any packaging that meets the general packaging requirements in §§ 173.24, 173.24a and 173.410. Section 173.427(b)(4) does not prohibit the use of $173.427 040199#

Page 2bottom outlets. If, however, liquid LSA-I (radioactive) material is shipped under "exclusive use" in one of the DOT specification tank cars or cargo tank motor vehicles authorized under § 173.427(b)(5), for those packagings bottom outlets are not authorized. I trust this satisfies your request. Sincerely, Title z sittees Hattie L. Mitchell Office of Hazardous Materials Standards Chief, Regulatory Review and Reinvention#

Page 3Betts OF NO-DEPA ICAL ЗНАА Department of Energy $173.427 Washington, DC 20585 ITED: TATES OF RAM AUG 1 ? 2004 04-0199 Mr. Edward Mazzullo Office of Hazardous Materials Standards, DHM-10 Research and Special Programs Administration U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590-0001 Dear Mr. Mazzullo: The U.S. Department of Energy (DOE) is requesting a written clarification concerning the transport requirements for low specific activity (LSA) class 7 materials, as it relates to the shipment of liquid radioactive materials in cargo tankers. DOE currently has an exemption, DOT-E 12469, which allows shipments of LSA-II liquid, not to exceed A2 quantity, in DOT Specification MC 312 and DOT 412 cargo tankers. This exemption expires on December 31, 2004. DOE is trying to determine if renewal of this exemption is required after October 1, 2004, when HM-230 (Hazardous Materials Regulations (HMR); Compatibility with the Regulations of the International Atomic Energy Agency) becomes effective. ¡ The revised 49 CFR 173.427(b)(5) allows liquid LSA-I radioactive material to be transported in particular specification cargo tankers that do not have bottom outlets. However, the revised 49 CFR 173.427(b)(4) also allows, for less than Az quantity, use of any packaging that meets 173.24, 173.24a, and 173.410. It appears that non-specification cargo tank with bottom outlets is authorized to be / used if it is in compliance with 173.427(b)(4). DOE is requesting a response to the following questions: 1. Is transportation of liquid LSA-II radioactive material in non-specification cargo tankeis allowed by the revised HMR?: 2. Are cargo tankers with bottom outlets allowed by the revised HMR for transporting liquid LSA-II radioactive material? …1.. Printed with soy ink on recycled paper ...!!!;#

Page 42 A written clarification on this matter would be greatly appreciated. Please send response me at U.S. Department of Energy, EM-11, 1000 Independence Avenue, SW, Washington, D.C. 20585. If you have any questions regarding this request for clarification, please call Richland Office, at (509) 372-0938. Mr. Michael Conroy of my staff at (301) 903-2728 or Mr. Dennis Claussen, DOE Sincerely, Our Citath Dennis Ashworth Director, Office of Transportation Office of Environmental Management#