EnergySolutions — Hazardous Materials Safety Interpretation

Page 1f Transportation I.S. Departmen JAN 17 2007 Washington, D.C. 20590 400 Seventh Street, S.W. Pipeline and Hazardous Materials Safety Administration Mr. James H. Portsmouth 45 Hills Stree EnergySolutions Ref. No.: 06-0238 Richland, Washington 99354-5507 Dear Mr. Portsmouth: This is in response to your October 17, 2006 letter regarding the requirements for ransporting Class 7 (radioactive) material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are summarized and answered as follows: Q1: The definition of LSA-II material in § 173.403 includes "other radioactive material exceed 10 4 Az/g for solids and gases, and 10 5 Az/g for liquids." What methods may be in which the activity is distributed throughout and the average specific activity does not used to demonstrate that the activity of radioactive material is "distributed throughout" for the purpose of classifying a material as LSA-II? Is the guidance in NUREG-1608 for determining if the activity is "distributed throughout," still applicable since it was published in 1998? Al: The HMR do not specifically define the phrase "distributed throughout" as it applies qualitative or quantitative techniques to determine if radioactivity is "distributed to the detinition of LSA-ll or LSA-Ill material. Furthermore, the HMR do not specity Nuclear Regulatory Commission published a guidance document titled, "Categorizing throughout a material. In July of 1998, the Department of Transportation and the and Transporting Low Specific Activity Materials and Surface Contaminated Objects;" NUREG-1608. The guidance in NUREG-1608 remains applicable for classifying material in accordance with the current regulations. The guidance in NUREG-1608 clarifies that the term "distributed throughout" may include non-homogeneous materials and states that both qualitative and quantitative methods may be used to determine if the activity of the radioactive material is considered to be distributed throughout. The naidance states that in gatives less than mAy, bueral aeries for at marrie exceeding 1 A2, quantitative techniques are more appropriate. This determination can be nethod to quantitatively determine if a material's radioactivity is "distributed made through reasoned argument, reference, calculation, or measurement. An acceptable "For distributed throughout, the material can be divided into ten or more equal volumes. The volume of each portion should be no greater than 0.1m'. The 173.403 060238#

Page 2specific activity of each volume should then be assessed (through measurements, calculations, or process knowledge) and compared. Specific activity differences between any two volumes should not vary by more than a factor of 10." Q2: Because of the Department of Energy radioactive materials safety considerations for keeping worker exposure to radioactive materials As Low As Reasonably Achievable (ALARA), it is not always feasible to make extensive direct radiation or contamination expectations for a shipper of LSA materials to document that they have in fact met the measurements. When using the NUREG-1608 techniques, what are the DOT requirement of showing that the specific activity in the waste matrix does not vary by more than a factor of ten from one portion to another in the total volume of waste? in accordance with the HMR. The recommended techniques in NUREG-1603 for A2: It is the shipper's responsibility to properly class and describe a hazardous material HMR do not require that these techniques be applied. Alternative methods of determining if radioactivity is "distributed throughout" a material are guidance only; the determining if radioactivity is "distributed throughout" a material may be acceptable for the purpose classing an LSA material, provided the determination is adequately justified. The techniques described in NUREG-1608 provide a conceptual framework for determining whether the radioactivity is "distributed throughout" a given LSA. material. In applying those techniques, the shipper may use any information available to estimate whether the criteria stated there are satisfied. In most cases it would not be expected that the shipper physically divide up the material in 0.1 m? (or smaller) volumes and measure the average specific activity in each. However, if the total activity of the material exceeds 1 A2, some quantitative analysis is expected. question? Must it be included in the quantitative calculation of radioactivity? Q3: How is "void space" in a waste matrix of LSA material considered in the above calculation of activity distribution for the purpose of determining if a material is LSA A4: Under the method described in A1, void space does not have to be included in the under the HMR. contact this office. I hope this information is helpful. If you have further questions, please do not hesitate to Sincerely, Chief, Standards Development Office of Hazardous Materials Standards#

Page 3D Duratek ENERGYSOLUTIONS Federal Services Eschenlaub $173.703 RAM Definitions October 17, 2006 06-0238 JHP-06-4455 Mr. Edward T. Mazzuillo, Director Pipeline and Hazardous Materials Safety Administration Office of Hazardous Materials Standards, PHH-1- U.S. Department of Transportation REQUEST FOR CLARIFICATION OF THE HAZARDOUS MATERIALS REGULATIONS Dear Mr. Mazziullo: The purpose of this letter is to request for clarification of the Hazardous Materials solids and gases and 10°% Az/g for liquids". somewhat ambiguous as used in the definition of LSA II. Could you please provide . The term "distributed throughout" is naterials to determine if a waste matrix of low level radioactive material could be provide clarification on the methods that could be used by a shipper of radioactive LSA homogenous in nature. more than a factor of 10." cubic meters. Specific activity differences between any two volumes should not vary by Please address each of the questions delineated below: Question # 1: Does the previous guidance given in NUREG 1608 for the definition of "distributed throughout" still apply since this document was published in July 1998? 509-376-7055 • Fax: 509-372-1435 • www.energysolutions.com 345 Hills Street • Richland, Washington 99354-5507#

Page 4Duratek ENERGYSOLUTIONS Federal Services considerations for keeping worker exposure to radioactive materials As Low As Question # 2: Because of Department of Energy radioactive materials safety a the waste matrix is less than a factor of ten in each portion of the volume of waste ocument that they have in fact met the requirement of showing that the specific activit Question # 3: How is "void space" in a waste matrix of LSA material considered in the abume of cach perion ote was matis has a specie activil difirene or to or If you need any additional information regarding this request for interpretation, please contact me at (509) 376-7164 or by e-mail at JHPortsmouth@energysolutions.com Sincerely, Jamea H. Portamouth Traffic Manager James H. Portsmouth afs EnergySolutions: JHP file/LB 509-376-7055 • Fax: 509-372-1435 • www.energysolutions.com 345 Hills Street • Richland, Washington 99354-5507#