Westinghouse Electric Company — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration AUG 2 7 2009 1200 New Jersey Ave, S.E. Washington. D.C. 20590 Mr. Michael D. Alston Westinghouse Electric Company P.O. Box 355 Pittsburgh, PA 15230-0355 Ref. No. 09-0 146 Dear Mr. Alston: This responds to your June 16,2009 letter requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80) to "Zirconium powder, wetted, UN 1358." Specifically, it is your position that when wetted with 25 percent water or more, the material may be transported as a non-regulated material. Your understanding is incorrect. Wetted zirconium powder with not less than 25 percent water may not be transported as a non-regulated material. Wetted zirconium powder with not less than 25 percent water is classed as a Division 4.1 material and assigned Packing Group I1 as specified in the $ 172.10 1 Hazardous Materials Table (HMT) and as required by fj 173.125(a). Determination of the packing group on the basis of test results following test methods provided in the UN Manual of Tests and Criteria and using the criteria provided in fj 173.125(b) does not apply. You should be aware that the limitation to be wetted with not less than 25 percent water is a condition to suppress the pyrophoric properties of dry zirconium powder, UN2008 (i.e., zirconium powder wetted with less than 25 percent water), which is a Division 4.2 spontaneously combustible material. By designation in the HMT, wetting dry zirconium powder (with not less than 25 percent water) requires the material to be reclassed from Division 4.2 to Division 4.1. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerelv. hief, Standards Development Materials Standards#

Page 2Westinghouse Electric Company Legal & Contracts, Environment, Health &Safety P.O. Box 355 Pittsburgh, PA 15230-0355 - U.S.A. June 16,2009 U.5. Department of Transportation PHMSA CPffic;e of Hazardous M.aterials Standards Attn: PHH-10 East Building 1200 New Jersey Avenue, SE Washington, DC 20590-0001 Dear Sir or Madame, Westinghouse is requesting a letter of interpretation regarding the use and application of the proper shipping name: Zirconium Powder, wetted with not less than 25 percent water, 4.1, UN1358, 11. It is Westinghouse's position that Zirconium Powder when wetted and shipped with a minimum of 25% water will not burn as described in 49 CFR $$173.125 (b)(l), $ 5 173.125 (2)(i) and when following the hTN Manual of Tests and Criteria. When performing the V-notched burn rate test, the Zirconium Powder is wet, but does not have a minimum of 25% water present: md;,@pre@~; it could possibly exhibit a flammable characteristic. However, Westinghousels pasition is that the material when wetted with 25% water or more may be shipped as non regulated and Westinghouse does not envision a scenario when this proper shipping name would be used. Sincerely, ~ i c h i e l D. Alston, CHMM Principal Engineer, I-Iazardous Materials Transport Westinghouse Electric Company LLC 4350 Northern Pike . ; ::,. , : , . . . . . . , . ' . < , ,,.;'. Monroeville, .PA;d5&6.+2886 #. , ... (412) 3,744652 . : . . , : . , :. ., . . , . , . ,. I z ) : , . ' . ' . . T . . ; i . . * .' . , , ' d ! . MDNjlr :.: , .#