Compliant Technologies, Inc. — Hazardous Materials Safety Interpretation

Page 1Washington, D.C. 20590 400 Seventh Street, S.W. peline an Administration azardous Materials Safe AUG 1 6 2006 Mr. David Ellis Reference No. 06-0149 8325 Beals Chapel Road Compliant Technologies, Inc. Lenoir City, TN 37772 Dear Mr. Ellis: This is in response to your June 29, 2006 letter asking how soon a motor carrier is required to report a release of a hazardous material that meets the definition of both the Division 6.2 (infectious substance) and Class 7 (radioactive) hazard classes under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). We have paraphrased your questions and answered them below in the order you provided. Q1. Must a carrier report an incident at the earliest practical moment to the Vational Response Center (or Centers for Disease Control and Prevention for Division 6.2) or may the carrier delay the reporting for up to 12 hours while it conducts an investigation to determine the cause and/or to determine if contamination spread from the trailer to the roadway where the truck had traveled? Al. Incidents listed under § 171.15 of the HMR must be reported at the earliest section. Any reporting delay beyond what is necessary to safely secure the incident practical moment by elephone to the appropriate organization specified in the scene, such as an investigation to determine the cause of the release and its possible spread along the highway the truck traveled, is not permitted. Q2. We believe the earliest practical moment to report an incident in § 171.15(a) means just that and should not be interpreted that one has 12 hours to report the incident regardless of the situation. Is our understanding correct? A2. Yes. Q3. The provisions in § 171.15 of the HMR indicate contamination, or suspected evels peraited is 1734e aor Class 7 (radioactive) katie in fraexceing ›xceedino tr would warrant a report to the NRC and that it should be reported at the earliest practical moment. Is that accurate or does the material actually have to spill on a public road for reporting to be required? 171.15 060149#

Page 2A3. Section 171.15 requires that anytime a fire, breakage, spillage, or suspected radioactive contamination occurs involving a radioactive material during the course of transportation in commerce, the person or entity in physical control of the hazardous material when it is released is responsible for reporting the incident to this agency in the manner described in answer Al. I hope this information is helpful. Sincerely, Hattie L. Mitchell, Chief Office of Hazardous Materials Standards Regulatory Review and Reinvention#

Page 3JUL-07-2006 08:43 LAB WASTE SERUICES 423 241 2843 P.02/02 June 29, 2006 Edmonson David Ellis From: $171.15 8325 Beals Chapel Road Compliant Technologies, Inc. Notice of Hazardous Lenoir City, TN 37772 Materials Incidents To: Washington, DC U.S. Department of Transportation 06-0149 Re: Questions on Incident Reporting I need clarification on incident reporting regarding Division 6.2 Infectious Substances and Class 7 commerce notices that the hazardous material has breached the package (and spilled) while in Radioactive Materials. Suppose that a motor carrier transporting such materials (i.e., 6.2 or 7) in transportation. Does the carrier need to report the incident at the earliest practical moment to the National Response Center (or CDC for 6.2) or can they delay the reporting for up to 12 hours while they (i.e., the carrier or it's agents) conduct an investigation to determine the cause and/or to determine if contamination spread from the trailer to the roadway where even more than 12 hours. It is our opinion that 49 CFR 171.15 would require reporting at the the truck had traveled? Such an investigation could take many hours to complete, possibly earliest practical moment and that the 12 hour "rule" in the regulations was provided for a phone does not exist or lastly where reporting to the National Response Center might take efforts situation such as a remote highway accident, a driver being incapacitated, a location where a practical moment means just that and should not be interpreted that one has 12 hours 1o report away from the initial emergency response notifications and process. We believe that t're earliest regardless of the situation. Is that accurate? I would surmise that the National Response Center and even national security in some instances, especially with such dangerous materials. A (NRC) would want to know as soon as possible for many different reasons including public safety number of agencies should have keen interest in such incidents including the Department of suspected) of such materials on the outside of a package (e.g., exceeding levels in 49 CFR Homeland Security. Lastly, the roquirements in 49 CFR 171.15 indicate that contamination (or 173.443 for Class 7) while in transportation would warrant a report to the NRC and that it should have to spill on a public road for reporting to be required? It is our opinion that if the be reported at the earliest practical moment. Is that accurate or does the material actually package is merely breached (e.g., breakage) and/or has suspected (i.e., not confirmed) the material spilled on a public highway. Contamination on the exterior of a package can be a contamination that reporting is required per 49 CFR 171.15 even if it is not yet known whether spillage or suspected contamination" and do not imply that the matcrial has to be spilled on a hazard to both transport workers and the general public. The regulations state, "fire, breakage, public road. appropriately advise my clients and others on the proper method to report incidents to the Il is imperative that I receive a timely response regarding these questions so that I may 1o contact me please call (865) 384-3926. Thank you. National Response Center. Please send your roply to the above stated address. Should you need Sincerely, 120E0. David Ellis 865-384-3926 Compliant Technologies, Inc. TOTAL P.02#