{"operation":"document","citation":"06-0011","title":"Mr. Lawrence J. Maron — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2006-02-14","effective_on":null,"summary":"06-0011 concerning 172.700.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0011.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0011.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0011","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060011.pdf","body":"<<<PAGE 1>>>\n\nMr. Lawrence J. Maron\nReference No.: 06-0011\n509 Willow Run Knoll\nLakeland, FL 33813\nDear Mr. Maron:\nThis is in response to your January 8, 2006 letter requesting clarification of the hazardous\nmaterials training requirements under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 100-180). Specifically, you ask whether the training requirements apply to\nemployees at your company.\nIn your letter, you state that your company, KCI, operates a chemical manufacturing\nfacility in Florida and has obtained a radioactive materials license from the Florida\nDepartment of Health, Bureau of Radiation Control (FDHBRC). The waste stream from\nthis facility, hydrochloric acid, is disposed by deep well injection into limestone\nformations at a depth of more than 4,000 feet below ground surface, as permitted by the\nState of Florida. As part of the injection process, 2,000 gallons of oil are mixed with a\nradioactive tracer (5 millicuries of Scandium 46) and injected into the well on a quarterly\nbasis. The oil protects the steel well casing from corrosion and provides a means of\nverifying that the well casing fluid is not leaking. The integrity of the well is verified by\nlowering a gamma sensing tool into the well to identify the location of the oil via the\nradioactivity of the Scandium tracer. You state that the tracer is purchased from a\ncompany in New Mexico and received by KCI via overnight delivery at the injection site,\nwhere it is mixed with the oil and injected into the well on the day of delivery.\nEmployees of KCI hand-carry the tracer from the receiving office to the injection well.\nYou ask whether employees who conduct these specific duties are subject to the\nhazardous materials training requirements of the HMR.\nThe answer is no. Hazmat employees are subject to the hazardous materials training\nrequirements found in § 172.704. A hazmat employee, as defined § 171.8, is a person\nwho is employed by a hazardous materials employer and who, in the course of\nemployment, directly affects hazardous materials transportation safety. For the purposes\nof the HMR, \"transportation in commerce\" begins when a carrier takes possession of a\nhazardous material for the purpose of transporting it and continues until the package\ncontaining the hazardous material arrives at its destination.\n172.700\n060011\n172.22\n\n<<<PAGE 2>>>\n\nI trust this satisfies your inquiry.\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n400г Street Sw, Room 8430\nWashington, D.C. 20590-0001\nRe:\nNeed for Clarification\n49 CFR Part 172, Subpart H Training\nK.C. Industries, L.L.C.\nMulberry, Florida\nDear Ms. Gorski,\nOn behalf of K.C. Industries, L.L.C., (KCI), this letter is submitted to respectfully request your\ninterpretation of the above-referenced rule citation. The following presents a description of the\nconditions at the KCI facility and identifies the question pertaining to the need for hazardous\nmaterials training under the requirements of the U.S. Department of Transportation (USDOT).\nBACKGROUND\nKCI operates a chemical manufacturing facility in Mulberry, Florida. The waste stream from this\nfacility, a weak hydrochloric acid, is disposed by deep well injection. The fluid is injected into\nlimestone formations at a depth of more than 4,000 feet below ground surface. The disposal of\nthe waste stream is permitted by the State of Florida.\nAs part of the operation of the injection well, approximately 2000 gallons of oil are injected into\nthe well on a quarterly basis (every 3 months). Prior to injection of the oil, a radioactive tracer (5\nmillicuries of Scandium 46) is mixed with the oil. Since the oil is lighter than the plant waste\nstream being injected, as well as the natural fluid existing in the injection formation, the oil rises\nto the top of the \"cavity\" that has been formed in the limestone formation. The injection of the oil\nserves two purposes: to protect the steel well casing from corrosion due to the high chloride\ncontent of the formation fluid and the corrosiveness of the injected waste ctream; and, to\nprovide a means of verifying that fluid is not leaking upwards around the outside of the wel!\ncasing. The latter is verified by using a gamma sensing tool that is lowered down the well to\nidentify the location of the oil via the radioactivity given off by the Scandium tracer that is mixed\nIn order to receive and inject the radioactive tracer, KCI has obtained a Radioactive Materials\nLicense (No. 3126-1) from the Florida Department of Health, Bureau of Radiation Control\n(FDHBRC). Rules governing the issuance of Radioactive Materials Licenses are contained in\nChapter 64E-5, Control of Radiation Hazard Regulations, of the Florida Administrative Code\n(F.A.C.). Sections 64E-5.1501 and 64E-5.1502, F.A.C. require licensees to comply with the\napplicable requirements of the USDOT specified in Title 49, Code of Federal Regulations\n(CFR). More specifically, Part 172, Subpart H of 49 CFR requires all employees involved with\nwork that directly affects hazardous material transportation safety to receive hazmat training\n509 Willow Run Knoll\nLakeland, Florida 33813\n(863) 644-6831\n\n<<<PAGE 4>>>\n\nneed tor this training for the tollowing reasons.\n• KCI does not ship, prepare the tracer for shipment or transport the radioactive tracer.\nThe tracer is purchased from SpectraTec Services in Albuquerque, New Mexico, who\nships the tracer via overnight delivery (Federal Express). Federal Express delivers the\ntracer to the site and it is mixed with the oil and injected on the day of delivery. The only\n\"transporting\" of the tracer by KCI is when it is carried by hand from the Receiving Office\nto the injection well.\n•\nIn discussions with personnel from the USDOT's Hazardous Materials Answer Line, they\nhave stated that the hazmat rules apply only to persons who transport, or offer for\ntransport, hazardous materials.\n• In the history of receiving the radioactive tracer at the site (over 20 years), there has\nnever been a need to ship the tracer back to the supplier.\n• KCI has developed a Radiation Safety Manual and Operating Instructions, which must\nbe approved by the FDHBRC prior to issuance of the Radioactive Materials License, that\ndescribes the procedures used to handle the radioactive tracer from receipt to injection\nwith the oil.\nPersonnel named on the Radioactive Materials License to handle the tracer material\nhave undergone training in the handling of radioactive materials in accordance with the\nrules of the FDHBRC.\nThe FDHBRC has stated that the requirement for hazmat transportation training will be waived\nfor the KCI site if concurrence can be obtained from the USDOT that such training is not\nrequired under 49 CFR Part 172 for the receipt of radioactive materials at the site. Since KCI\nonly receives and does not ship or transport the radioactive tracer, KCI believes it is not\nsubject to the training required under 49 CFR Part 172, Subpart H\n****\nWe will greatly appreciate your written response to this matter. If you have any questions,\nplease do not hesitate to contact me at 813-781-2670 or Mr. Paul Maasen of KCI at 636-327-\ndous are Maron\nKane\nLawrence J. Maron, P.E.\nCC:\nPaul Maasen - K.C. Industries, L.L.C.","truncated":false,"body_characters":7233}