University of South Alabama — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department Vashington, D.C. 2059 -00 Seventh St., S.V Research and Special Programs Administration NOV 19 2004 Mr. David Wiik Reference No.: 04-0256 Director, Radiation Safety Department University of South Alabama 257 CSAB Mobile, AL 36688-0002 Dear Mr. Wilk: This responds to your letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to state agencies who offer for transportation or transport hazardous materials. Your understanding of the HMR is correct. Hazardous materials transported for noncommercial purposes by a state agency, including state-chartered and funded universities, are not subject to the HMR. Thus, transportation of a hazardous material in state-owned or state-leased vehicles operated by state employees is not subject to the HMR. However, transportation conducted by a private entity under contract to a state agency is subject to all applicable HMR requirements. Similarly, hazardous materials offered for transportation by a state agency to a commercial carrier are subject to all applicable HMR requirements. I trust this satisfies your inquiry. Sincerely, Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials 171.1 040256#

Page 2ANOIV 5171. UNIVERSITY OF SOUTH ALABAMA Applicabity 04-0256 OLLEGE OF MEDICIN ADIATION SAFET LA 257 CSAB • MOBILE, ALABAMA 36688-0002 TELEPHONE: (251) 460-7063 FAX: (251) 460-6068 October 27.2004 Edward T. Mazzullo, Director Office of Hazardous Materials Standards U.S. DCT/RSPA (DHM-10) 400 Seventh Street S.W. Washington. DC 20590-0001 Mr. Mazzullo. To what: extent are state agencies covered by the Hazardous Materials Regulations (HMR; 49 CFR 171-180)? Over the past few years, I have received conflicting viewpoints and wish to get DOT's interpretation on a few specific points. The University of South Alabama (USA) is a state agency. We have a College of health professions. We own three major hospitals and several out patient clinics that ar Medicine, College of Nursing: and College of Allied Health that encompass many othe also utilized as teaching facilities. Our university and associated hospitals have IRS_ 501(C)3 status. The University of South Alabama is also a consortium member with other Alabama state universit es supporting the Dauphin Island Sea Lab (DISL). DISL is funded by the state Department (RSD) collects liquid radioactive materials (RAM) waste from DISL to of Alabama. It is about 25 miles south of the main campus. Our Radiation Safety coast. We also collect their sold RAM waste to hold in our campus RAM waste facility dispose of it in the sanitary sewer system on USA's main campus away from the gulf for incineration on the main campus. DISL also has IRS 501(C)3 status. The RSD does not charge or collect funds from DISL for this service. The RSD generally receives, processes and delivers all incoming RAM to the research labs on-campus (and would for off-campus labs if there were any). They also pick up RAM waste from on-campus labs and off-campus hospitals and deliver it to a central RAM waste / decay-in-storage facility on campus.#

Page 3As you can see. our service to these facilities requires transport around the county. University employees always transport these materials. They usually use a university owned vehicle. While I understand that all on-campus operations (for the university by university employees using any vehicle) are exempt, I do have questions regarding travel among cur hospitals and DISL. For exarple. the RSD receives (from a vendor via FedEx air) and delivers a Beta Cath® machine (strontium-90 sealed source inside a unit designed to treat heart vessels) to one of the hospitals" catheterization labs every quarter. In turn, the RSD returns the expired Beta Cath* machine to campus and ships it back to the vendor via FedEx air. We transpor: it locally in the manufacturer's shipping container. Are we subject to DOT regulations as we locally deliver it to the hospital and bring the old one back to campus for return to the vendor via FedEx? My understanding is that we are not subject to DOT / IATA until we hand it over to FedEx. Is this true? When we pick up a load of radioactive linen, garbage and dinnerware that was used by an iodine-131 therapy patient from one of our hospitals and transport it back to campus to the decay-in-storage facility, are we subject to DOT regulations since the patient paid for the treatrent? When ore of our research teams from DISL disembark from an NRC licensed research vessel in California, are they subject to DOT regulations as they bring their equipment & supplies back to Alabama in a U-Haul® truck if concentrations in the liquid scintillation vials are above those set forth in CFR 49 173.436? After they publish research results or are otherwise finished with the liquid / solid RAM waste, are we subject to DOT regulations as the RSD transports it twenty five miles back to main campus from DISL? The University of South Alabama takes HazMat safety seriously. We believe we're currently within DOT compliance and all personnel involved in transport have current DOT training certificates. Having an interpretation from you will simply redirect our paperwork format (specifically the RAM waste manifest). Thank you for your consideration in this matter and I look forward to your reply. April hick David Wiik, Director Radiation Safety Department#