# Mr. Jim Pitts — Hazardous Materials Safety Interpretation

- **operation:** document
- **citation:** 06-0204
- **title:** Mr. Jim Pitts — Hazardous Materials Safety Interpretation
- **source type:** guidance
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** guidance
- **official:** true
- **published on:** 2006-10-26
- **effective on:** Not available
- **summary:** 06-0204 concerning 173.403.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/phmsa-interpretation-06-0204.json
- **markdown:** https://regulus.evalyn.ai/document/phmsa-interpretation-06-0204.md
- **app url:** https://regulus.evalyn.ai/document/phmsa-interpretation-06-0204
- **source url:** https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060204.pdf
**body:**

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400 Seventh Street, S.W.
Washington, D.C. 20590
Hazardous Materials Safety
Pipeline and
Administration
Mr. Jim Pitts
OCT 26 2006
3755 Bethel Church Road
Ref. No.: 06-0204
Kevil, Kentucky 42053
Dear Mr. Pitts:
This is in response to your September 7, 2006 letter requesting clarification of the
Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You ask two questions
relative to the requirements for transporting Class 7 (radioactive) material. You also
include sample data describing the contents and activity of material taken from a
remediation site near Tonowanda, NY. Your questions are summarized and answered as
Q1. Based on a determination made by the Nuclear Regulatory Commission (NRC),
radioactive material taken from the remediation site may be categorized as "alternative
feed." May the same "alternative feed" material be considered "ore" to meet the "LSA-I"
definition in § 173.403?
A1. The answer is no. The definition of "LSA-I" in § 173.403 includes uranium and
thorium ores, concentrates of uranium and thorium ores, and other ores containing
radionuclides. The determination by the NRC that the material is "alternative feed"
naturally occurring radionuclides which are intended to be processed for the use of these
material does not, in itself, mean the material is considered an ore. The term ore is not
pecifically defined in the HMR. However, a uranium or thorium ore that has bee
an ore. You do not provide a sufficient history of the processing performed on the
hysically or chemically processed for use of radionuclides may no longer be considere
material to accurately determine if it is an ore.
Q2. Despite the analytical data that indicates the presence of enriched and depleted
contains natural uranium, is it permissible to use the RQ value for "uranium, natural,"
uranium in the soil samples from Tonowanda, NY, if it is known that the material only
and the Az value for "U (nat)" in the table in § 173.435 to determine the proper
listed in § 172.101, the exemption values for "U (nat)" listed in the table in § 173.436,
classification of the material?
A2. The answer is no. "Uranium - natural" is defined in § 173.403 as chemically
(approximately 99.28% uranium-238 and 0.72% uranium-235 by mass). The analytical
separated uranium containing the naturally occurring distribution of uranium isotopes
data you provided indicates that the material may contain enriched or depleted uranium.
It is not appropriate to use the RQ value, exemption values, and A2 values for "Uranium -
113.403
060204

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natural" to determine the proper classification of the material if analytical data suggests
the material contains enriched or depleted uranium.
contact this office.
I hope this information is helpful. If you have further questions, please do not hesitate to
Sincerely,
Office of Hazardous Materials Standards

<<<PAGE 3>>>

Williams, James <HMSA>
Sent:
From:
newclearson@comcast.net
Cc:
To:
Thursday, September 07, 2006 8:55 Al
Echenlaub
Villiams, James <PHMSA
Subject:
William Lorenz
§172101 Table 2
FW: The question
§ 173.403
Hazardous
Subtances
The question
Linde_EA_F_EA_M_
06-0204
Data.x/s (84 K...
Jim,
question from Linde personnel and adding some of my own. I want to sum up the questions concisely if I can:
Here is the question and some data that I promised you I would send last week. I am forwarding the attached
as ore in the USDOT using the LSA-I (i) definition in 403 as well as using the ore placarding exemption? There
1. The attached question from Tonawanda. I think what they mean by this is can the Linde material be shipped
is a letter from the NRC to International Uranium (The Mill in Utah) that all of the linde radioactive
contaminated materials was acceptable as "alternate feed" and thus "ore" to the mill back in 2000. My question
with this one is this: Since all of the Linde material was deemed "alternate feed" (ore) by the NRC, then could
this material still be "ore" even if shipping to another disposition outlet somewhere else in the country?
levels of uranium (U-238, 234, 235) and daughters (Ra-226, Th-230) can the A2 for "natural uranium" be used
2. The attached xl file has some actual data from one of the digs. The question on this one is this: Given the
status? Can the Table 436 exemption level for natural uranium (b) be used so that everything is consistent?
which is unlimited? Can the RQ for natural uranium (**) be used when determining hazardous substance
Notice that the last two data sets in the attached file have Th-230 with really high levels, however when the
whole set is averaged Uranium 238 levels are the highest.
An interesting point to take into consideration here when looking at these analytical numbers is this: We know
hid compare you natural in late 23a this urani is hole erichen or takthe data for dazin he-23:
his Uranium 1s "t
as well.
numbers are that far off and they can also be assumed to be off by 50% or more for the other nuclides in the list
Jim Pitts
Thank you,
270-210-7455
--- Forwarded Message: ----
From: "Lorenz, William" < William.Lorenz@shawgrp.com>
To: <newclearson@comcast.net>
Subject: The question
Date: Thu, 31 Aug 2006 17:46:40 +0000
> Jim,
>
>
>
> Please have your contact provide an answer to this question:
>
1
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