Arizona Public Service! PVNGS — Hazardous Materials Safety Interpretation

Page 1of Transportation U.S. Department 400 Seventh Street, S.W Washington, D.C. 20590 Pipeline and Hazardous Materials Safety MAR 29 2007 Administration Mr. Terrance Dickerson Tail Station 631: rizona Public Service/ PVNG Ref. No. 07-0014 5801 South Wintersburg Rd. Tonopah, AZ 85354 Dear Mr. Dickerson: requirements in § 172.704 of the Hazardous Materials Regulations (HMR; 49 CFR Parts This responds to your January 19, 2007 letter requesting clarification of the training 171-180). Specifically, you ask about the applicability of the training requirements to containers of articles and materials regulated as Class 7 materials under the HMR. Your crane operators and other persons involved with handling and loading of pac ‹ages and questions are paraphrased and answered below. operations: (1) removal of a valve from system piping by mechanical maintenance, Q1. How do the training requirements apply to the personnel involved in the following crane personnel; (3) loading of the valve into a container by crane personnel, crane rigging and crane personnel; (2) transfer of the valve to the container loading area by signalmen, and an employee providing directions as to how the valve must be loaded; (4) securing the valve in the container by maintenance personnel; and (5) placing and securing the closure on the container by crane personnel, maintenance personnel, and an employee providing directions? are not considered hazardous materials employees (hazmat employees) as that term is Al. In the scenario, the crane operators, maintenance personnel, and crane signalmen defined in the HMR and, thus, are not subject to the training requirements in § 172.704. loaded and secured in the container and how the container must be closed and secured are As your letter indicates, the employees providing directions as to how the valve must be considered hazmat employees and must be fully trained in accordance with the regulatory requirements. Q2. How do the training requirements apply to the personnel involved in the following radiological survey of the disassembled robotic inspection equipment; operations: (1) disassembly of robotic inspection equipment; (2) performance of a (3) decontamination of the disassembled robotic inspection equipment; (4) transfer of the equipment by crane to the packaging location; and (5) placement of the equipment in a cargo container for transportation? 172.704 070014#

Page 2equipment, and transfer the equipment to the packaging location are not considered A2. In the scenario, the personnel who disassemble the equipment, decontaminate the hazmat employees and are not subject to the training requirements in § 172.704. Employees performing radiological surveys and employees directing the placement of the trained in accordance with the regulatory requirements. equipment in a cargo container are considered hazmat employees and must be fully operations: (1) collection of waste or other materials from locations throughout the Q3. How do the training requirements apply to the personnel involved in the following facilities; and (2) movement of previously used "Empty" containers within the facility? A3. Movement of materials that occurs solely within a contiguous facility boundary who perform functions related to such movement are not required to be trained. where public access is restricted is not subject to HMR requirements; thus, employees who changes job functions may perform job functions prior to the completion of training In accordance with § 172.704(c), a new hazmat employee or a hazmat employee provided the employee is under the direct supervision of a properly trained hazmat employee and training is completed within 90 days of employment or the change in job functions. Is this provision also intended to apply to contract personnel employed for periods of less than 90 days or to contract personnel employed for multiple periods of 90 days or less with the same or a different employer? for periods of less than 90 days. Note that the person providing direct supervision must The provision in § 172.704(c) is intended to apply to contract personnel employed be able to instruct the employee on how to properly perform the hazmat function, must observe performance of the hazmat function, and must be able to take immediate corrective action in regard to any function not performed in conformance with the HMR. The provision in § 172.704(c) is not intended to apply to contract personnel employed for address short-term employment. Since contract personnel employed for multiple periods multiple periods of 90 days or less with the same employer. This provision is intended to of 90 days or less with the same employers retain employment for greater than ninety days (even though they may not be performing the hazmat functions for greater than ninety consecutive days) and may perform these functions again, they must te properly I trust this answers your inquiry. Sincerely, John A. Gale Chief, Standards Development .. Office of Hazardous Materials Standards 2#

Page 3KE: 4YCFK172 Subpart H Training Criteria Boothe. Page 2 of 3 § 172. 704(c) Mr. Rick Boyle, Training 07-0074 determining the DOT Hazmat training requirements of the employees involved in these activities. The area of Per our phone conversation on 10/27/06, I am providing the following scenarios for consideration in reviewed HM-223 and subsequent letters of interpretations concerning the definition of a Hazmat Employee, as concern involves the handling of materials prior to and during placement into the transportation package. I have well as 49CFR172 Subpart H training criteria, with questions remaining following the Region IV event we of a large valve from system piping. To facilitate the handling of the valve, a building crane is attached to the valve Scenario #1: Loading of Large Valves into a General Design Package - This process begins with the removal prior to removal from the system. Mechanical Maintenance, Rigging and Crane personnel pe form these activities. activities. The crane operator is located at a considerable distance, approximately fifty feet or more, from the The valve is transferred to the container loading area which is typically not in the general vicinity of the removal H trained Hazmat Employee(s) provides directions for loading the valve into the container to the signalman evolution and may or may not be able to see the loading of the container. In the loading area, 49CFR172 Subpart by maintenance personnel. This valve is then disconnected from the crane and the crane is used to place a metal directing the crane operator. The valve is lowered onto a base plate within the container and is secured with bolts direction and verification of a Hazmat Employee(s). The Mechanical Maintenance, Rigging ar d Crane personnel enclosure over the valve which is then secured to the container base by Maintenance personnel under the referencing DOT transportation and packaging functions are the responsibility of the trained Hazmat Employee(s) operate under PVNGS site work orders which do not reference DOT transportation functions. Procedures shipment are performed by Hazmat Employee(s) concerning transportation functions. at the packaging location as described in PVNGS procedures. All further actions in support of packaging and process involves the disassembly of Robotic Inspection Equipment that is owned and operated by a contract Scenario #2: Loading of Inspection Equipment into a Large General Design Package (Sealands) - This packaging location. The inspection equipment is typically disassembled by Vendor technicians familiar with the company (i.e. Westinghouse, General Electric, Framatone) at a location adjacent to or removed from the equipment. A radiological assessment survey is performed by Hazmat Trained Employee(s) for surveys may be decontaminated prior to wrapping by Decon personnel. The material is then hand carried or lifted by supporting transportation functions prior to wrapping the material for contamination control purposes. The material crane as in scenario #1 to the packaging location. A Hazmat Trained Employee is responsible for and directs the Employee(s) concerning pre-transportation functions. placement of all items being loaded into the cargo container. All further actions are performed by Hazmat collection of waste or other materials from various locations throughout the facility. This material is typically placed Scenario #3: Miscellaneous Material Handling within a Facility Prior to Shipment - This process includes used "Empty" containers may also be moved within the facility by various work groups. These containers are then in containers to facilitate handling due to the quantity of objects and types of materials. Additionally, previously containers and contents will require shipment from the facility. The Hazmat Employee(s) performs the required turned over to a 49CFR172 Subpart H trained Hazmat Employee(s) when the determination is made that the assessments to comply with DOT regulations and all further transportation functions. packaging inspections (i.e. gasket inspections, container closure, contents verification and rad ological Vendor, Decon and other various personnel do not include signatures or information concerning transportation Non Hazmat Employee - Work orders and procedures used by Mechanical Maintenance, Rigging, Crane, functions. These personnel also receive training and qualifications relevant to their respective disciplines. Actions or examole storage or movement within the facility for reuse verse shipment in accordance with DOT reaulations erformed by these individuals would not be different regardless of the material or containers eventual dispositior responsible for hazard class determination, package selection, the filling process, securing of the container Hazmat Employee - The 49CFR172 Subpart H trained Hazmat Employees in the above scenarios are closure in accordance with the manufactures criteria and all further activities involved in the shipment preparation. In addition, DOT radiological surveys, packaging integrity inspections (i.e. gaskets, vents, plugs, bolts, etc.), accordance with APS/PVNGS procedures. Pre-transportation safety functions are the responsibility of and blocking or bracing of package contents and weight measurements are performed by the Hazmat Emplovee(s) in 1/19/2007#

Page 4KE: 49CFK1/2 Subpart H Training Critera Page 3 of 3 documented by the Hazmat Employee. involvement and responsibility in pre-transportation functions? Question #1: Do the above scenarios satisfy the DOT regulations in regard to the Hazmat Employee level of scenarios? Question #2: If answer is No to Question #1, where do the pre-transportation functions kegin in the above with 49CFR172 Subpart H for the Mechanical Maintenance, Rigging, Crane, Vendor, Decon and other various Question #3: If answer is No to Question #1, What "Function Specific" training would be required to comply personnel listed in the above scenarios? who changes job function is not intended for contract personnel whom are employed for periods of 90 days or Question #4: It is my understanding that the references in 49CFR172.704 (c) to a new Hazmat Employee periods of 90 days or less with the same or different employer? Question #5: Does the 90 day training exemption apply to transient contract personnel enployed for multiple clarification on the above, please contact myself at (623) 393-3729 or Z32438@ apsc.com. Your assistance in answering the above questions is appreciated. If you desire further in ormation or Terrance Dickinson RP Shipping Sr. Arizona Public Service/PVNGS Email Firewall made the following annotations -- NOTICE information. If you have received it in error, please notify the sender immediately and delete the original This message is for the designated recipient only and may contain confidential, privileged or proprietary and any copy or printout. Unintended recipients are prohibited from making any other use of this e-mail. no liability for any loss or damage arising from the use of this e-mail or attachments, or for any delay or Although we have taken reasonable precautions to ensure no viruses are present in this e-mail, we accept errors or omissions in the contents which result from e-mail transmission. 1/19/2007#