{"operation":"document","citation":"08-0024","title":"Environmental Quality Management, Inc. Stone Point Landing — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-01-29","effective_on":null,"summary":"08-0024 response to Environmental Quality Management, Inc. Stone Point Landing concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0024.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0024.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0024","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080024.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous ~aterials'\nSafety Administration\nJAN 2 9 2009\n1200 New Jersey Ave., SE\nWashington, DC 20590\nMr. Joseph D. Biss\nEnvironmental Quality Management, Inc.\nStone Point Landing\n500 Market Street, Suite 302\nBridgewater, PA 15009\nRef. No. 08-0024\nDear Mr. Biss:\nThis responds to your January 23,2008 letter and follow-up telephone conversations with a\nmember of my staff requesting clarification of the hazard communication requirements for\nthe transport of equipment with a radioactive component under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 17 1 - 1 80).\nYou indicate that a nuclear density gauge will be permanently affixed to a pipe saddle\nmounted to the exterior of a concrete pumping truck. The gauge will be used to monitor and\ncollect data on the density of cement being pumped. You provide the following details about\nthe gauge: (1) it incorporates a component housing that contains a sealed-source of Cesium-\n137 (Cs- 137); (2) the housing is manufactured to DOT Specification 7A Type A packaging;\n(3) the Cs-137 has an activity of 0.2 Curie (Ci) (0.0074 terabecquerel (TBq)); and (4) the\nTransport Index (TI) for the exterior surface of the gauge is 0.2 and the maximum surface\nradiation level is 0.13 mrem per hour. Additionally, you note that the gauge will be covered\nby a metal box that will also be mounted to the truck; the metal box will not be marked or\nlabeled because you do not believe it functions as an overpack. Based on this information,\nyou ask whether the package marking, hazard communication (marking and labeling), and\nshipping paper information as described in your letter is in compliance with the requirements\nof the HMR. Your questions are paraphrased and answered as follows:\nQ1. What package marking is required?\nAl. In addition to the \"USA DOT 7A Type A\" marking, the gauge must be marked as\nprescribed by 4 178.3 (e.g., marked with the name and address or symbol of the packaging\nmanufacturer) in accordance with 4 1 78.350.\n\n<<<PAGE 2>>>\n\n42. What hazard communication marking is required?\nA2. The gauge must be marked in accordance with $ 172.301 to include the proper shipping\nname (i.e., Radioactive Material, Type A Package) and identification number (i.e., UN2915).\nWords in italics in Column (2) of the $ 172.101 Hazardous Materials Table (HMT) as part of\nthe hazardous materials description may be used in addition to the proper shipping name.\nBecause your material is non-fissile, you may include the phrase, \"non-special form, non-\nfissile\" with the proper shipping name. You may not include the words \"fissile excepted.\"\nAdditionally, radioactive material is not assigned a packing group, therefore, PG I1 must not\nbe included with the marking.\n43. What hazard communication labeling is required?\nA3. Based on a TI of 0.2 for the exterior surface of the gauge and a maximum surface\nradiation level is 0.13 mrem per hour, the category of label and information entered on the\nlabel as described in your letter is correct.\n44. What information is required on the shipping paper?\nA4. In accordance with 172.202, the basic description for your material must be in the\nfollowing sequence: identification number, proper shipping name, hazard class.\n[Radioactive materials are not assigned a packaging group; therefore, you are not required to\ninclude a packaging group with the basic description.] Alternatively, until January 1,2013,.\nyou may list the proper shipping name first, followed by the hazard class and the\nidentification number. Again, because your material is non-fissile, you may include the\nphrase, \"non-special form, non-fissile\" with the proper shipping name. The shipping\ndescription you propose must also include the number and type of package and a description\nof the physical or chemical form of .the material if not already included with the basic\ndescription (i.e., non-special form). In addition, including a copy of the Emergency\nResponse Guidebook (ERG) with the shipping paper complies with the emergency response\ninformation requirements under 5 172.602. Finally, please note that the shipping paper must\nbe kept in the motor vehicle in conformance with § 1 77.8 1 7(e).\nQ5. Is the metal box covering the gauge considered an overpack?\nA5. No. It is the opinion of this Office that the metal box covering the gauge is not an\noverpack as defined in 5 171.8 and therefore, is not required to be marked and labeled.\nI hope this information is helpful. Please contact us if you require additional assistance.\nCharles E. Betts\nChief, Standards Development\nffice of Hazardous Materials Standards a.\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn <PHMSA>\nFrom: INFOCNTR <PHIVISA>\nSent: Wednesday, January 23,2008 2:12 PM\nTo: Drakeford, Carolyn <PHMSA>\nSubject: FW: Request for Interpretation\nFrom: Joseph D. Biss [mailto:jbiss@eqm.com]\nSent: Wednesday, January 23, 2008 1:59 PM\nTo: INFOCNTR <PHMSA>\nSubject: Request for Interpretation\nA company is considering mounting a nuclear density gauge to the exterior of a concrete pumping\ntruck. The gauge will be used to monitor and collect quality assurance data related to the density of\ncement pump to client structure. I am looking for confirmation of what is proposed (see below), is\nacceptable and meets the DOT hazardous material regulation (HMR) criteria for compliance for\ninterstate travel on highways. All drivers have completed required hazmat employee training and have a\nhamat endorsement on their CDL.\nThe gauge is permanently affixed to a pipe saddle which is mounted (by threaded flanges) to the\ndischarge outlet of a pump. The pump is mounted onto the rear or side of a mobile unit (truck), over 10\nfeet from driver or other passengers. The gauge is manufactured by Thermo Fischer Scientific it uses a\nsealed-source, isotope Cesium-1 37 (200 millicuries). The sealed-sourced is housed inside the\ninstrument (gauge) and the instrument housing meets the Type A packaging specifications.\nThe gauge housing is marked with:\nU.S.A. DOT 7A Type A\nioactive Material, Type A Package, non-special\nYellow Label I1 w/ Contents: Cs-137,\nOf note the gauge will not be visible from the exterior of the truck, ii dl11 be covered by integrated metal\nbox with a locking door (box is bolted to truck), no plans to label or the exterior of box, as we\nbelieve it does not meet the definition of a overpack and functions \"car trunk\" would.\nShipping papers will be supplied with each movement of shipping papers will be kept in the cab with the following\nRadioactive Material, Type A Package, non-special form,\nI1\nte and back to plant). The\nRadioactive Yellow Label I1 w/ Contents: Cs-137, Activity: 7.4 GBq, T.I. 0.2\nIncluding a certification statement from shipper, 24-hr emergency notification number, emergency\nresponse information (copy of North America ERG).\nEach shipment will be surveyed prior to leaving site to correctly label the transport index (T.I.).\nThank you for your time.\nKind Regards,\nJoseph D. Biss, CHMM\n\n<<<PAGE 4>>>\n\nPage 2 of 2\nEnvironmental Quality Management, Inc.\nStone Point Landing\nSuite 302\n500 Market Street\nBridgewater, PA 15009\n(724) 775-291 0 phone\n(724) 775-2912 fax\n(724) 544-4874 mobile\njbiss@eqm.com\nwww,eqin.corn-\nSeattle\nCincinnati - Chicago - Denver - Durham - Las Vegas - New Orleans - Isi$lshorglar - Roanoke - Sacramento - San Antonio -\nThc infbr~l~atio~l contained in this electronic rnessagl: i s intended only fi,r %/be u.;e of thc i~idiviclusl or entity to w11i~tt i t is\nacldressccl a ~ i d )nay contairl inf\")rt~~ation t h a ~ is privilcgcd. ~.onficIet~lial and cxe~~lpt fro111 disclos~~ri: 1111dcr applicable la~t:. If\nthe rcacler o f this message is not the intzr~cfccf rzcipient. you are irrl'ol.rnetl tlial any c!i.;.;e~ni~iat~on, copying or disclosure of the\nmatcrial contained herein. to inclucle o.ny atlachments. in wholc or in part, is strictly prohibited. If' you b m e rcceivrd this\ntr.ansmission in error. plcasc notify t t ~ c sencicr and pm'gc this message.","truncated":false,"body_characters":7986}