{"operation":"document","citation":"06-0238","title":"EnergySolutions — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-01-17","effective_on":null,"summary":"06-0238 response to EnergySolutions concerning 173.403.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0238.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0238.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0238","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060238.pdf","body":"<<<PAGE 1>>>\n\nf Transportation\nI.S. Departmen\nJAN 17 2007\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nPipeline and\nHazardous Materials Safety\nAdministration\nMr. James H. Portsmouth\n45 Hills Stree\nEnergySolutions\nRef. No.: 06-0238\nRichland, Washington 99354-5507\nDear Mr. Portsmouth:\nThis is in response to your October 17, 2006 letter regarding the requirements for\nransporting Class 7 (radioactive) material under the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-180). Your questions are summarized and answered as\nfollows:\nQ1: The definition of LSA-II material in § 173.403 includes \"other radioactive material\nexceed 10 4 Az/g for solids and gases, and 10 5 Az/g for liquids.\" What methods may be\nin which the activity is distributed throughout and the average specific activity does not\nused to demonstrate that the activity of radioactive material is \"distributed throughout\"\nfor the purpose of classifying a material as LSA-II? Is the guidance in NUREG-1608 for\ndetermining if the activity is \"distributed throughout,\" still applicable since it was\npublished in 1998?\nAl: The HMR do not specifically define the phrase \"distributed throughout\" as it applies\nqualitative or quantitative techniques to determine if radioactivity is \"distributed\nto the detinition of LSA-ll or LSA-Ill material. Furthermore, the HMR do not specity\nNuclear Regulatory Commission published a guidance document titled, \"Categorizing\nthroughout a material. In July of 1998, the Department of Transportation and the\nand Transporting Low Specific Activity Materials and Surface Contaminated Objects;\"\nNUREG-1608. The guidance in NUREG-1608 remains applicable for classifying\nmaterial in accordance with the current regulations. The guidance in NUREG-1608\nclarifies that the term \"distributed throughout\" may include non-homogeneous materials\nand states that both qualitative and quantitative methods may be used to determine if the\nactivity of the radioactive material is considered to be distributed throughout. The\nnaidance states that in gatives less than mAy, bueral aeries for at marrie\nexceeding 1 A2, quantitative techniques are more appropriate. This determination can be\nnethod to quantitatively determine if a material's radioactivity is \"distributed\nmade through reasoned argument, reference, calculation, or measurement. An acceptable\n\"For distributed throughout, the material can be divided into ten or more equal\nvolumes.\nThe volume of each portion should be no greater than 0.1m'. The\n173.403\n060238\n\n<<<PAGE 2>>>\n\nspecific activity of each volume should then be assessed (through measurements,\ncalculations, or process knowledge) and compared. Specific activity differences\nbetween any two volumes should not vary by more than a factor of 10.\"\nQ2: Because of the Department of Energy radioactive materials safety considerations for\nkeeping worker exposure to radioactive materials As Low As Reasonably Achievable\n(ALARA), it is not always feasible to make extensive direct radiation or contamination\nexpectations for a shipper of LSA materials to document that they have in fact met the\nmeasurements. When using the NUREG-1608 techniques, what are the DOT\nrequirement of showing that the specific activity in the waste matrix does not vary by\nmore than a factor of ten from one portion to another in the total volume of waste?\nin accordance with the HMR. The recommended techniques in NUREG-1603 for\nA2: It is the shipper's responsibility to properly class and describe a hazardous material\nHMR do not require that these techniques be applied. Alternative methods of\ndetermining if radioactivity is \"distributed throughout\" a material are guidance only; the\ndetermining if radioactivity is \"distributed throughout\" a material may be acceptable for\nthe purpose classing an LSA material, provided the determination is adequately justified.\nThe techniques described in NUREG-1608 provide a conceptual framework for\ndetermining whether the radioactivity is \"distributed throughout\" a given LSA. material.\nIn applying those techniques, the shipper may use any information available to estimate\nwhether the criteria stated there are satisfied. In most cases it would not be expected that\nthe shipper physically divide up the material in 0.1 m? (or smaller) volumes and measure\nthe average specific activity in each. However, if the total activity of the material\nexceeds 1 A2, some quantitative analysis is expected.\nquestion? Must it be included in the quantitative calculation of radioactivity?\nQ3: How is \"void space\" in a waste matrix of LSA material considered in the above\ncalculation of activity distribution for the purpose of determining if a material is LSA\nA4: Under the method described in A1, void space does not have to be included in the\nunder the HMR.\ncontact this office.\nI hope this information is helpful. If you have further questions, please do not hesitate to\nSincerely,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nD Duratek\nENERGYSOLUTIONS\nFederal Services\nEschenlaub\n$173.703\nRAM Definitions\nOctober 17, 2006\n06-0238\nJHP-06-4455\nMr. Edward T. Mazzuillo, Director\nPipeline and Hazardous Materials Safety Administration\nOffice of Hazardous Materials Standards, PHH-1-\nU.S. Department of Transportation\nREQUEST FOR CLARIFICATION OF THE HAZARDOUS MATERIALS\nREGULATIONS\nDear Mr. Mazziullo:\nThe purpose of this letter is to request for clarification of the Hazardous Materials\nsolids and gases and 10°% Az/g for liquids\".\nsomewhat ambiguous as used in the definition of LSA II. Could you please provide\n. The term \"distributed throughout\" is\nnaterials to determine if a waste matrix of low level radioactive material could be\nprovide clarification on the methods that could be used by a shipper of radioactive LSA\nhomogenous in nature.\nmore than a factor of 10.\"\ncubic meters. Specific activity differences between any two volumes should not vary by\nPlease address each of the questions delineated below:\nQuestion # 1: Does the previous guidance given in NUREG 1608 for the definition of\n\"distributed throughout\" still apply since this document was published in July 1998?\n509-376-7055 • Fax: 509-372-1435 • www.energysolutions.com\n345 Hills Street • Richland, Washington 99354-5507\n\n<<<PAGE 4>>>\n\nDuratek\nENERGYSOLUTIONS\nFederal Services\nconsiderations for keeping worker exposure to radioactive materials As Low As\nQuestion # 2: Because of Department of Energy radioactive materials safety\na the waste matrix is less than a factor of ten in each portion of the volume of waste\nocument that they have in fact met the requirement of showing that the specific activit\nQuestion # 3: How is \"void space\" in a waste matrix of LSA material considered in the\nabume of cach perion ote was matis has a specie activil difirene or to or\nIf you need any additional information regarding this request for interpretation, please\ncontact me at (509) 376-7164 or by e-mail at JHPortsmouth@energysolutions.com\nSincerely,\nJamea H. Portamouth\nTraffic Manager\nJames H. Portsmouth\nafs\nEnergySolutions:\nJHP file/LB\n509-376-7055 • Fax: 509-372-1435 • www.energysolutions.com\n345 Hills Street • Richland, Washington 99354-5507","truncated":false,"body_characters":7164}