Energy Solutions — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 1200 New Jersey Ave, SE Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration APR - 2 l010 Mr. James H. Portsmouth Energy Solutions 2345 Stevens Drive, Suite 240 Richland, W A 99354 Ref. No. 10-0032 Dear Mr. Portsmouth: This responds to your letter dated February 2, 2010 requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to placarding requirements for Class 7 (radioactive) material. Specifically, you ask for clarification ofthe placarding requirements for four unique scenarios. Your scenarios and questions are summarized and answered as follows: Scenario 1: Four cargo containers (large freight containers with a capacity of approximately 1280 cubic feet . each) used to transport LSA and SCO material on an Articulated Bulk Container (ABC) Railcar: • Each container contains less than an A2 quantity. • The containers are transported exclusive use. • The shipment is excepted from the marking and labeling requirements under 49 CFR I 73.427(a)(6)(vi). • The containers are marked "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO" in accordance with § I 73.427(a)(6)(vi). • Each freight container is placarded on all four opposing sides with Class 7 (radioactive) material placards before being loaded on the ABC railcar. • The freight containers are loaded on the ABC railcar by the consignor and remain on the ABC car until they are removed by the consignee. • There is no intermediate loading or unloading associated with the freight containers or transport vehicle. • There are no subsidiary hazards requiring additional communication. • The appropriate container testing certifications (e.g., AAR compliance statement) are appropriately affixed. • A shipping paper (in this case a Uniform Low Level Radioactive Waste Manifest) is properly completed and delivered to the first rail carrier and the consignor.#

Page 2QI) Would the markings (i.e., "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO") and Class 7 (radioactive) material placards on the freight containers described above satisfy the communication requirements for the shipment in accordance with § 173.4277 AI) Yes. Section 172.504 (Table I, Footnote I) requires placards to be applied to bulk packages and rail cars containing LSAJSCO transported as "exclusive use" in accordance with §§ 1 73.427(b)(4) and (5) or (c). Placards displayed on the freight container may be used to satisfy the requirement to placard the railcar provided the placards are clearly visible from the direction they face, except from the direction of another railcar to which the railcar is coupled (see § 172.516). Scenario 2 Eight packages (containers with a capacity ofapproximately 96 fe each) used to transport LSA and SCO materials in a van trailer (i.e., a closed transport vehicle): • Each container contains less than an A2 quantity. • The containers are transported exclusive use. • The shipment is excepted from the marking and labeling requirements under § 173.427(a)(6)(vi). • The containers are marked "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO" in accordance with § 173.427(a)(6)(vi). • The van trailer (Le., transport vehicle) is placarded on 4 opposing sides with Class 7 radioactive placards. • The containers are loaded on the trailer by the consignor and remain on the trailer until they are removed by the consignee. • There is no intermediate loading or unloading associated with the containers or transport vehicle. • There are no subsidiary hazards requiring additional communication. • A shipping paper (in this case a Uniform Low Level Radioactive Waste Manifest) is properly completed and delivered to the carrier and the consignor. Q2) Would the markings (i.e., "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO") and Class 7 (radioactive) material placards on the transport vehicle described above satisfy the communication requirements for the shipment in accordance with § 173.427? A2) No. Section I 72.504(e) (Table 1, Footnote 1) requires placards to be applied to bulk packages and transport vehicles containing LSAJSCO transported as "exclusive use" in accordance with §§ 173.427(b)(4) and (5) or (c). Thus, placards are required on the packages for such shipments. Placards must also be affixed to the transport vehicle, however, § 172.516 provides that the requirement to placard a motor vehicle may be met by the placards displayed on a freight container or portable tank loaded on a motor vehicle. For other types of bulk packages, placards must also be displayed on the motor vehicle. 2#

Page 3Scenario 3 A shipment of various size radioactive packages meeting the requirements in § 173.24 and § 173.410 in metal boxes (e.g., B-25 box) used to transport radioactive LSA and SCO material: • Each container contains less than an A2 quantity. • The containers are transported exclusive use. • The shipment is excepted from the marking and labeling requirements under § 173.427(a)(6)(vi). • The containers are marked "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO" in accordance with § 173.427(a)(6)(vi). • The packages are shipped on an open flat bed trailer. • The open flat bed trailer (i.e., transport vehicle) is placarded on four opposing sides with Class 7 placards. • The trailer is loaded by the consignor and unloaded by the consignee. Q3) Would the marking (i.e., "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO") and Class 7 (radioactive) material placards on the transport vehicle described above satisfy the communication requirements for the shipment in accordance with § 173.427? A3) No. Section 172.504 (Table 1, Footnote 1) requires placards to be applied to bulk packages and transport vehicles containing LSA/SCO transported as "exclusive use" in accordance with §§ 173.427(b)(4) and (5) or (c). Therefore, if the packages are bulk packages, they must be placarded in addition to the transport vehicle. Scenario 4 A Shipment ofClass 7 (radioactive) material utilizing a radioactive materials cask that is less than 18 m used to transport radioactive LSA and SCO material: • The cask contains less than an A2 quantity. • The cask is certified to meet DOT 7 A, IP-I and IP-2 package. • The shipment is excepted from the marking and labeling requirements under § 173.427(a)(6)(vi). • The cask is marked "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO" in accordance with § 173.427(a)(6)(vi). • The cask is transported as an exclusive use shipment. • The shipment is made by motor vehicle. • The transport vehicle (i.e., cask trailer) is placarded on 4 opposing sides with Class 7 (radioactive) material placards and the front ofthe tractor is also placarded. Q4) Would the markings (Le., "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO") and five placards on the transport vehicle satisfy the communications requirements for this shipment in accordance with § 173.427? A4) Yes. Note that placards are only required to be displayed for bulk packages and transport vehicles containing LSAISCO transported as "exclusive use" in accordance with §§ I 73.427(b)(4) and (5) or (c) (see § 172.504(e)(Table I, Footnote I). 3#

Page 4The package you describe in Scenario 4 is not considered to be a bulk package. Thus, placards are not required to be displayed on either the transport vehicle or the cask. I hope this answers your inquiry. If you need further assistance, please contact this office at 202· 366-8553. sin:TkU Charles E. Betts Chief, Standards Development ce ofHazardous Materials Standards 4#

Page 5£;~he-Vl, l~ .~ f?173,t{21 ENERGYSOLUTIONS t21iJUI 10-003'2February 2,2010 FS-NW-LT-5318 Mr. Charles Betts Mr. Michael Conroy U.S. Department ofTransportation Pipeline and Hazardous Materials Safety Administration East Building, 2nd Floor Mail Stop: E21-317 1200 New Jersey Ave., SE Washington, DC 20590 Subject: Clarification of Letter of Interpretation Dear Mr. Betts and Mr. Conroy, I would like to ask for a formal clarification on a recent letter of interpretation (Ref. Number: 09-0231) dated November 24, 2009 regarding the need to placard radioactive material in a bulk packaging. The purpose ofthis correspondence is to obtain further clarification from the U.S. Department of Transportation (DOT) on marking; labeling and placarding requirements for shipments ofradioactive materials, such as Low Specific Activity (LSA) shipments as well as Surface Contaminated Objects (SCO) normally shipped exclusive use. To assist in the clarification of this placarding requirement, I would like to ask your interpretation on the following shipment scenarios which are regularly shipped by our company by motor vehicle and rail. Scenario # 1 Four Cargo Containers (large freight containers with capacity of approximately 1280 fe each) used to transport LSA and SCO material on an Articulated Bulk Container (ABC) Railcar: • Each container contains less than an Az quantity. • The containers are transported exclusive use. • The shipment is excepted from the marking and labeling requirements under 49 CFR 173.427(a) (6) (vi). • The containers are marked "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO" in accordance with 49 CFR 173.427(a) (6) (vi). 2345 Stevens Drive. Suite NO • Ri~hland. WA 99354 309.371.8006' Fax: 509.375.9500' www.energysolutions.~om#

Page 6ENERGySOLlJ7IONS Mr. Charles Betts FS-NW-LT-5318 Mr. Michael Conroy Page 2 February 2,2010 • Each freight container is placarded on four opposing sides with Class 7 radioactive placards before being loaded on the ABC car. • The freight containers are loaded on the ABC car by the consignor and remain on the ABC car until they are removed by the consignee. • There is no intermediate loading or unloading associated with the freight containers or transport vehicle. • There are no subsidiary hazards requiring additional cOITunu..nication. • The appropriate container testing certifications (e.g., AAR compliance statement) are appropriately affixed. • A shipping paper (in this case a Uniform Low Level Radioactive Waste Manifest) is properly completed and delivered to the first rail carrier and the consignor. Would the markings (i.e. "RADIOACTIVE-LSA" or "RADIOACTNE-SCO") and Class 7 radioactive placards on the freight containers described above satisfy the communication requirements for the shipment in accordance with 173.427? Scenario # 2 Eight packages (containers with capacity of approximately 96 ft3 each) used to transport LSA and SCO materials in a van trailer (i.e., a closed transport vehicle): • Each container contains less than an A2 quantity. • The containers are transported exclusive use. • The shipment is excepted from the marking and labeling requirements under 49 CPR 173.427(a) (6) (vi). • The containers are marked "RADIOACTNE-LSA" or "RADIOACTIVE-SCO" in accordance with 49 CPR 173.427(a) (6) (VI). • The van trailer (i.e., transport vehicle) is placarded on 4 opposing sides with Class 7 radioactive placards. • The containers are loaded on the trailer by the consignor and remain on the trailer until they are removed by the consignee. • There is no intermediate loading or unloading associated with the containers or transport vehicle. • There are no subsidiary hazards requiring additional communication. • A shipping paper (in this case a Uniform Low Level Radioactive Waste Manifest) is properly completed and delivered to the carrier and the consignor. Would the markings (Le., "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO") and Class 7 radioactive placards on the transport vehicle described above satisfy the communication requirements for the shipment in accordance with 173.427?#

Page 7ENERGVSOLUTIONS Mr. Charles Betts FS-NW-LT-5318 Mr. Michael Conroy Page 3 February 2,2010 Scenario # 3 A shipment of various size radioactive packages meeting the requirements in 173.24 and 173.410 in metal boxes (e.g., B-25 box) used to transport radioactive LSA and SCO material • Each container contains less than an A2 quantity of material. • The containers are marked either "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO", • The radioactive material is being shipped under 49 CFR 173.427(a) (6) (vi) and are excepted from the marking and labeling requirements. • The various sized containers are shipped on an open flat bed trailer. • The open flat bed trailer (i.e., transport vehicle) is placarded on four opposing sides with Class 7 radioactive placards. • The shipment is loaded by the consignor and unloaded by the consignee. • The shipment is shipped as exclusive use. Would the marking (i.e., "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO") and Class 7 radioactive placards on the transport vehicle described above satisfy the communications requirements for the shipment in accordance with 173.4277 Scenario # 4: A shipment of a radioactive material utilizing a radioactive materials cask that is less than 18 m3 (640 ft 3) used to transport radioactive LSA and SCO material. • The cask contains less than an A2 quantity. • The cask is certified to meet DOT 7 A, IP-l and IP-2 package. • The shipment is excepted from the marking and labeling requirements under 49 CFR 173.427(a) (6) (vi). • The cask is marked "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO" in accordance with 49 CFR 173.427. • The cask is transported as an exclusive use shipment. • The shipment is made by motor vehicle. • The transport vehicle (i.e. cask trailer) is placarded on 4 opposing sides with Class 7 radioactive placards and the front of the tractor is also placarded. Would the markings (i.e. "RADIOACTIVE-LSA" or "RADIOACTIVE-SCO") and five placards on the transport vehicle satisfy the communications requirements for this shipment 173.427? 49 CFR 173.427 (a) (6) (v) states that the vehicle must be placarded in accordance with subpart F ofpart 172. Therefore, we want to either placard the vehicle or else placard the packages in such a way as to satisfy the requirement to placard the vehicle.#

Page 8~-=:;;ENERGVSOLVTIONS' Mr. Charles Betts FS-NW-LT-5318 Mr. Michael Conroy Page 4 February 2,2010 Thank you for your time and consideration of these questions. I look forward to your response. Sincerely, James H. Portsmouth Director of Transportation and Logistics Federal Services Group Jmr#