Energy Solutions Federal Services — Hazardous Materials Safety Interpretation

Page 1of Transportatior U.S. Department JAN -4 2007 Washington, D.C. 20590 401) Seventh Street, S.W. Hazardous Materials Safety Pipeline and Administration Traffic Manager Mr. James Portsmouth Ref. No.: 06-0255 Energy Solutions Federal Services 345 Hills Street Richland WA. 99354-5507 Dear Mr. Portsmouth: This is in response to your October 26, 2006 letter requesting clarification of the applicability of training requirements provided in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171- 180). Specifically, you ask whether the training requirements contained in the HMR apply to employees who prepare shipments of hazardous waste for in accordance with Subpart H of Part 172. transportation in commerce when those employees are overseen by a person fully trained The answer is yes. Except as provided in § 172.704(c)(1), hazmat employees who perform regulated functions must be trained in the HMR requirements that apply to that function (172.702(b)). Regulated functions include: (1) determining the hazard class of a material; (2) selecting an appropriate packaging; (3) filling a packaging; (4) securing packaging closures; (5) marking and labeling a package; and (6) preparing shipping training, and security awareness training in accordance with Subpart H of Part 172. papers. Hazmat employees must receive general awareness, function specific, safety Training conducted to comply with requirements of the Occupational Safety and Health Administration, the Environmental Protection Agency, or other mandated training requirements may be used to the extent that such training satisfies the training and testing requirements in Subpart H of Part 172. I hope this information is helpful. Please contact us if you require additional assistance. Sincerely, 172.704 C60255#

Page 2Leary $172. TOH ENERGYSOLUTIONS Training Ti Duratek Federal Services "Federal Services 06-0255 October 26, 2006 JHP-07-4603 Office of Hazardous Materials Standards, PHH-1 Mr. Edward T. Mazzuillo, Director Pipeline and Hazardous Materials Safety Administration U.S. Department of Transportation 700 7* Street S.W. Attention: DHM-10 Washington, D.C. 20590-0001 REQUEST FOR CLARIFICATION OF THE HAZARDOUS MATERIALS REGULATIONS Dear Mr. Mazziullo: The purpose of this letter is to request clarification of the Hazardous Materials the requirement for employers to provide "hazmat employees" DOT training. Regulations (HMR:49 CFR Parts 171-180), and in particular 172.704(a) in regards to EnergySolutions Federal Services, Inc. formally known as Duratek Federal Services, responsibility in tat toe rainford Stis facility, is to paching nuer pra ok and prepare esponsibility in the operations of this facility, and standar ast) oxes (sarBs) and over past shims as neded. These operarums s to, the OSHA 40-hour, 24-hour and 8-hour refresher which train these employees ir have completed numerous DOE sponsored training classes to include but not 'imited for transport. This training includes some basic Department of Transportation (DOT) hazardous materials general awareness and safety training. Additionally, each group of operators is overseen by a Person in Charge (PIC) who has had all of the required DOT training in 172.704. This PIC oversees the Operators in the actual loading of the SWBs and drums, as well as any over packing activities. 509-376-7055 • Fax: 509-372-1435 • www.energysolutions.com 345 Hills Street • Richland, Washington 99354-5507#

Page 3ENERGYSOLUTIONS Ti Durcitek Federal Services E Federal Services Please address the following question: If the PIC is fully trained in the DOT regulations in 49 CFR Subpart H and is the drums and SWBs, does each individual involved in this process require the DOT directing the Operators in what to place in the containers and how to load and prepare please feel free to contact me at (509) 376-7164 or by e mail at If you need any additionally information regarding this request for interpretation, JHPortsmouth@energysolutions.com. Sincerely, games H1. briomouth James H. Portsmouth Traffic Manager afs 509-376-7055 • Fax: 509-372-1435 • www.energysolutions.com 345 Hills Street • Richland, Washington 99354-5507#