Regulatory Resources — Hazardous Materials Safety Interpretation

Page 1.S. Departmen f Transportatiol FEB 12 2007 400 Seventh Street, S.W Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration President Mr. Wade Winters Ref. No. 06-0157 Regulatory Resources 240 Joshua Road Kennewick, WA 99338 Dear Mr. Winters: This is in response to your July 15, 2006 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 100-180) applicable to the classification of explosives. In your letter, you state that the Department of Transportation (DOT) authorizes the and approve a new explosive. You state that waste material generated from DOD or DOE Department of Defense (DOD) or the Department of Energy (DOE) the authority to class various concentrations. You ask whether DOD or DOE has the authority to remove the development, research or processing of explosives may contain explosive materials in "C'ass 1 explosive" designation from waste material that has been contaminated with explosive materials, but does not meet the criteria to be classed as an explosive when subjected to explosive classification testing by DOD or DOE. For clarification, the Department of Transportation is the sole approval authority for the transportation of explosives or explosive waste in commerce. DOD and DOE are: authorized to class explosives for their internal uses. will not have a pre-existing "Class 1 explosive" designation because it is a "new Under your scenario, waste material that has been contaminated with explosive materials explosive." As defined in § 173.56, a "new explosive" is an explosive produced by a person who has not previously produced that explosive or has previously produced that explosive but has made a change in the formulation, design or process so as to alter the properties of the explosive. 060157 173.56#

Page 2Your material meets this definition, and, therefore, is subject to the classification and approval procedures for a new explosive as required under § 173.56 of the HMR. I trust this satisfies your inquiry. Sincerely, Pet de Meal Edward T. Mazzullo Director Office of Hazardous Materials Standards#

Page 307/15/2006 19:45 FAX 509 628 0972 Regulatory Resources Inc 4002/002 240 Joshua Road Regulatory Kennewick, WA 99338 voice: 509-628-1020 fax: 509-628-0972 Tho source You Come Back To de wace@regulatoryresources.net www.regulatoryresources.net Foster .:- July 15. 2006 $173.56 Mr. Edward T. Mazzullo U.S. DOT/PHMSA (PHH-10) Director, Office of Hazardous Materials Standards Explosive Washington, D.C. 20590-0091 400 7th Street S.W. 06-0157 Dear Mr. Mazzullo. Regulatory Resources, Inc. (RRI) is a consulting and training company serving clients subject to the national and Agency (EPA) solid and hazardous waste management regulations. We have had recent questions come up International Dangerous Goods and Hazardous Materials Regulations (HMR), and the Environmental Protectior concerning the allowances for the classification of explosives and are seeking DOT's response to one of these questions. In paragraph (b) and (e) of this section, the Deparment of Transporation (DON) authorizes the Department of The classing of a new explosive intended for transport in commerce must be performed as required in §173.56. lata that suppons the classification of an explosive by these agencies, as determined by DOE Explosive efense (DOD) and Department of Energy (DOE) the authority to class and approve a new axplosive. Th Hazard Classification Procedures (5171.7), Must be submitted to the DOT for approval in witing before offering for transpor in commerce. granted by the DOT to the DOD and DOE for classification of a new explosive authorize these federal agencies o remove the material's Class 1 explosive designation without further DOT approval? Thark you again for your attention in this matter. We eagerly await your timely reply. Please call me If I can answer any questions. Thank you. For Regulatory Resources, Inc., ...... Wade A. Winters, CET. CHMM = = President WAW/lom#