{"operation":"document","citation":"07-0205","title":"Tronox, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-01-15","effective_on":null,"summary":"07-0205 response to Tronox, LLC concerning 171.8, 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0205.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0205.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0205","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070205.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJAN 1 5 2008\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nMr. Mark Krippel\nTronox, LLC\n800 Weyrauch St.,\nWest Chicago, IL 60 185\nRef. No. 07-0205\nDear Mr. Krippel,\nThis responds to your October 1 1,2007 email requesting clarification of the applicability of\nhazardous substance requirements to the transportation of non-hazardous materials\ncontaining radionuclides under the Hazardous Materials Regulations (HMR; 49 CFR Parts\n171-1 80). Specifically, you ask whether the HMR apply to the bulk transport of non-\nhazardous material containing naturally-occurring radionuclides that exceed the reportable\nquantity (RQ) threshold.\nYou indicate in your example that soil from a remediation site containing 10 pCi/g of\nthorium-232 is transported in a 103-ton capacity rail car and is subject to the HMR as a Class\n9 hazardous substance because the total quantity in curies (Ci) in the rail car exceeds the RQ\nfor thorium-232 (0.00 1 Ci).\nYour understanding is correct. By definition, your example would qualify as a hazardous\nsubstance and be subject to the HMR. A hazardous substance (as defined in 5 171.8) means\na material, including its mixtures and solutions, that is listed in Appendix A to 5 172.101 of\nthe HMR; is in a quantity, in one package, that equals or exceeds the reportable quantity\n(RQ) listed in Appendix A to 5 172.101 of the HMR; and for radionuclides, when in a\nmixture or solution, conforms to paragraph 7 of Appendix A to 5 172.10 1.\nThe Superfund Amendments of 1986 require PHMSA to list and regulate as hazardous\nmaterials those hazardous substances listed or designated under the Comprehensive\nEnvironmental Response, Compensation, and Liability Act (CERCLA) of 1980. The intent\nof the requirement is to enable transporters of hazardous materials to identify CERCLA\nhazardous substances and to make the required notification if a release occurs. Additionally,\nbased on guidance from the EPA Office of Solid Waste and Emergency Response, a release\n\n<<<PAGE 2>>>\n\nof naturally-occurring radionuclides from the transportation of soil removed from a\nremediation site is subject to reporting under 40 CFR 302.6(c). Please consult 40 CFR\n302.6(c) for categories of releases that are exempt from the EPA notification requirements.\nI hope this information is helpful. Please contact us if you require additional assistance.\n/ chief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n, Drakeford, Carolyn <PHMSA> From:\nSent:\nTo:\nSubject:\nINFOCNTR <PHMSA>\nThursday, October 11,2007 3:02 PM\nDrakeford, Carolyn <PHMSA>\nFW: Information Center CommentslQuestions\n% AH\n07 -0205\n. -\nCarolyn,\nCould you process this as a formal request for interpretation? Thanks buddy!\nErin\n----- Original Message-----\nFrom: mark.krippel@tronox.com [mailto:mark.krippel@tronox.com]\nSent: Thursday, October 11, 2007 12:59 PM\nTo: INFOCNTR <PHMSA>\nSubject: Information Center Comments/Questions\nBelow is the result of your feedback form. It was submitted by Mark Krippel\n(mark.krippel@tronox.com) on Thursday, October 11, 2007 at 12:59:24.\nName: Mark Krippel\nCategory: Hazardous Materials Table, Special Provisions, Hazardous Materials\nCommunications\nOrganization: Tronox LLC\nStreet: 800 Weyrauch St\nCity: West Chicago\nState: Illinois\nZip Code: 60185\nPhone: 630-293-6331\nComments: I am in need of a technical contact to discuss the applicability of radionuclide\nRQ shipping requirements for near background concentrations of natural thorium.\nSpecifically, bulk shipments by rail or barge of materials below the 27 pCi/g thorium\nthreshold for a radioactive materials shipment, but because of the bulk volume of the\nconveyance requires shipment as a Class 9 RQ hazardous material.\nThe extreme example is a bulk barge shipment where, many commodities like coal and\ndepending on capacity, even limestone, would seem to require shipment as a Class 9 RQ\nhazardous materials shipment because of the thorium content typically found in these\nmaterials.\nIn my particular case, we are being required based on a reading of DOT regulations, to\nship 10 pCi/g (Th-232) soil from a remediation site as a Class 9 RQ hazardous material\nbecause the 103 ton capacity railcar results in a total curie content greater than the\n0.001 Ci RQ for Th-232. A barge quantity of background concentration coal or limestone\ncould also exceed this threshold. It does not seem this situation is one that the law was\nintended to regulate.\nAs a side note, I found in my review of the 1989 background technical document for the RQ\n1\n\n<<<PAGE 4>>>\n\nrulemaking, that EPA used what is now outdated radiation dosimetry guidance to derive the\nRQ for thorium and that use of the currently accepted E P A / I C R P radiation dosimetry\n* guidance would raise the RQ to 0.01 Ci or higher and eliminate this issue entirely.\nGetting EPA to initiate new rulemaking would likely take years. I am hoping that a DOT\nregulatory interpretation may exist that would allow these low concentration materials to\nbe shipped as non-hazardous.\nThank you for your assistance,\nMark Krippel","truncated":false,"body_characters":5146}