University of Wisconsin Radiation Calibration Laboratory — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Ave, SE Washington, D.C. 20590 JAN 2 8 2011 Ms. Wendy S. Kennan Radiation Safety Officer Brachytherapy Calibrations University of Wisconsin Radiation Calibration Laboratory Accredited Dosimetry and Calibration Laboratory B 1 002 Wisconsin Institutes for Medical Research 1111 Highland Avenue Madison, WI 53705-2275 Reference No. 10-0040 Dear Ms. Kennan: This is in response to your letter and subsequent telephone conversation with a member of my staff concerning radiation detectors your organization receives annually for recalibration from a number of clients and returns back to them. You state the detectors, some of which are permanently sealed, contain air or "UN 1008, Argon, compressed, 2.2 (non-flammable)" gas in an internal chamber or cylinder at a pressure that meets or exceeds 40.6 psia (25.9 psig or 1.8 atm) with no release device. You also state some clients ask if these detectors are unregulated when transported by motor vehicle or rail transport. You further ask at what pressure the detectors are regulated as a non-flammable compressed gas under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). This agency previously authorized radiation detectors containing pressurized gas to be transported in Department of Transportation (DOT) specification and non-specification cylinders under the terms of a special pennit and in conformance with §§ 173.302 or 173.306. We revised the HMR, effective October 1,2010, to permit radiation detectors that contain Division 2.2 gas to be transported in non-specification packagings and, unless transported by aircraft, excepted from the hazard communication labeling and placarding requirements provided the devices are designed, packaged, and transported in accordance with the provisions prescribed in new § 173.310. (See Docket No. PHMSA-2009-0289 (HM-233A; 75 FR 27205)). Specifically, § 173.310 requires the radiation detectors to: 1) be single-trip, hennetically-sealed, welded, metal inside containers that will not fragment upon impact; 2) have a design pressure of4.83 MPa (700 psig) or less and a capacity of 641 cubic inches (355 fluid ounces) or less; 3) have a burst pressure that is three times the design pressure or more if equipped with a pressure relief device and four times the design pressure or more if not equipped with a pressure relief device; 4) be shipped in a strong outer packaging capable ofwithstanding a 1.2 meter (4 foot) drop test without breaking the radiation detector or rupturing the outer package; and 5) be packed in a strong outer packaging or in equipment that provides a level ofprotection equivalent to that of a#

Page 2strong outer packaging when shipped as part of other equipment. In addition, § 173.310 requires that each shipment of radiation detectors must be accompanied by emergency response information, and respondents at each emergency response telephone number for these devices must identifY the receptacles that are not fitted with a pressure relief device and provide appropriate guidance on how to manage these devices when exposed to fire. If the provisions of § 173.310 are not appropriate for the radiation detectors, the detectors must meet the DOT specification packaging requirements for the hazardous material they contain or meeting the Division 2.2 hazard class must be properly described, packaged in DOT specification packagings authorized for the hazardous material they contain, and marked and labeled in conformance with the requirements prescribed in the HMR for a non-flammable gas when intended or offered for transportation in commerce. Section 173 .1IS(b) defines a Division 2.2, non-flammable, non-poisonous compressed gas as a liquefied or cryogenic gas that exerts in a packaging a gauge pressure of200 kPa (29.0 psig/43.8 psia) or greater at 20°C (68 OF). Radiation detectors that do not meet the definition of a DOT hazard class under the HMR are not regulated as a hazardous material. I hope this satisfies your request. Sincerely, r4/~ T. Glenn Foster Chief, Regulatory Review and Reinvention Branch Standards and Rulemaking Division 2#

Page 3MEDICAL RADIATION RESEARCH CENTER 6100Z WIMR 1111 HIGHLAND AVE MADISON, WI 53705-2275 TEL: 608.262.6320 FAX: 608.262.5012 uwmrrc.wisc.edu January 29,2010 U.S. DOT PHMSA Office ofHazardous Materials Standards Attn: PHH-lO East Building 1200 New Jersey Avenue, SE Washington, DC 20590-001 I just finished the FedEx Dangerous Goods Shipper's Seminar. While there, I asked for clarification on a shipping issue, and the instructor suggested I contact Patrick Oppenheimer, Senior Manager-Safety Programs at FedEx Express. He delegated my question to a Senior Federal Express Hazardous Materials Manager, Thomas Leech. His interpretation follows with a caveat: "In accordance with the Hazardous Materials Regulations (HMR 49 CFR Part 173.22), it is the shippets responsibility to properly. classify and describe. haz~dous_ I)lat~n$.ls7d.~g~.rous gp94s... ff9~eve.t, based on the information provided, your interPretation is correct. Radiation' detectors are subject to Class 2, Division 2.2 requirements when the pressure in the tube or chamber exceeds 300kPa (43.5 psia). " I am asking for your interpretation on this matter. " , , . ,,~ . Our laboratory receives8;I).clships ou~ i~~~~ents u~e4~~ detect and measure radiation. Some ofthese instruments aieperinaiiently sealed ahd cdntain either airor Argon under pressure. We have followed 49CFR173.115 to define which instruments must be shipped as dangerous goods. As we understand it, an instrument which contains air or Argon under a pressure of 40.6 psia (25.9 psig or 1.8 atm) or more should be shipped as a dangerous good. [I have included the conversion to atmospheres because most ofthe manufacturers ofthese devices report pressure in atmospheres. We follow the information we can obtain from manufacturers regarding the pressure ofthese instruments.] UNIVERSITY OF WISCONSIN • RADIATION CALIBRATION LABORATORY#

Page 4Again. these instruments are designed to hold the gas they contain-there is no release device. Could you please help either confirm that we are shipping these devices correctly, or explain what we should be doing? Thank you very much, Wendy Wendy S. Kennan Brachytherapy Calibrations University of Wisconsin Radiation Calibration Laboratory Accredited Dosimetry and Calibration Laboratory B1002 Wisconsin Institutes for Medical Research 1111 Highland Avenue Madison WI 53705-2275 PH 608/265-9748 FAX 6081262-5012 wskennan@wisc.edu UNIVERSITY OF WISCONSIN#