{"operation":"document","citation":"15-0014","title":"U.S. Department of Energy — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-04-22","effective_on":null,"summary":"15-0014 response to U.S. Department of Energy concerning 171.8, 173.403, 173.412.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-15-0014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2015/150014.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\n1200 New Jersey Avenue SE\nWashington. DC 20590\nMaterials Safet\nPipeline and Hazardous\nAdministration\nAPR 2 2 2015\nMr. Dennis W. Claussen\nNuclear Safety Engineer and\nTraffic Manager\nRichland Operations Office\nU.S. Department of Energy\nP.O. Box 550, MS AS-17.\nRichland, WA 99352\nReference No. 15-0014\nDear Mr. Claussen:\nThis is response to your January 15, 2014 e-mail requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to classifying non-spillable\nbatteries contaminated with Class 7 (radioactive) material that the DOE is preparing for\ntreatment and disposal. You state these batteries contain sulfuric acid and exceed limited\nquantity levels for radioactive material. We have paraphrased your questions and answered\nthem in the order you provided.\nQ1.\nIf the U.S. Department of Transportation (USDOT) considers the above-described\nbatteries to meet the definition of a \"solid\" as defined in § 171.8, can these batteries\nbe transported in commerce as a surface-contaminated object (SCO) or a Type A\nradioactive material?\nAl. While the radioactive contamination on the batteries may only be present on the\nexternal surfaces, the batteries may not be shipped as SCO-I or SCO-II as the\npotential exists for the batteries to crack during transport with the inner liquid then\nmixing with the surface contamination. The definition in § 171.8 of solid is, \"Solid\nmeans a material which is not a gas or a liquid.\" As the batteries contain liquid, the\nbatteries themselves would not be considered to be solid objects under § 173.403,\nwhich defines a surface contaminated object (SCO) as \"...a solid object which is not\nitself radioactive but which has radioactive material distributed on its surface....\" If\nthe batteries have less than an Az quantity of activity, they may be shipped in a Type\nA package, provided that the package meets the § 173.412(c) requirements for liquid\ncontent. The packages would also need to meet requirements for the subsidiary\ncorrosive hazard presented by the sulfuric acid content in the batteries.\n\n<<<PAGE 2>>>\n\nQ2.\nIf the USDOT considers these same batteries to meet the definition of a \"liquid,\" as\ndefined in § 171.8, can these batteries be transported in commerce as a low specific\nactivity (LSA) material?\nA2. No. To be considered as a LSA material, the radioactive activity would need to be\n\"distributed throughout.\" Assuming that the contamination is only on the external\nsurfaces, the batteries could not be properly classified as LSA material.\nI hope this satisfies your request.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nEdmonson\n§173.15918)\nDodd, Alice (PHMSA)\nBatteries\n15-0014\nFrom:\nCiccarone, Michael CTR (PHMSA)\nSent:\nTuesday, January 20, 2015 9:54 AM\nTo:\nHazmat Interps\nSubject:\nFW: Request for written letter of interpretation\nShante/Alice,\n:.\nPlease submit this for a formal letter of interpretation.\nThanks,\nMike\nFrom: Claussen, Dennis W [mailto:dennis.claussen@rl.doe.gov]\nSent: Tuesday, January 20, 2015 9:08 AM\nTo: Ciccarone, Michael CTR (PHMSA)\nSubject: RE: Request for written letter of interpretation\nUS Department of Energy, Richland Operations Office\nP.O. Box 550, MS A5-17\nRichland, WA 99352\nStreet address:\n825 Jadwin Ave.\nRichland, WA 99352\nFrom: m.ciccarone.ctr@dot.gov[mailto:m.ciccarone.ctr@dot.gov]\nSent: Friday, January 16, 2015 9:32 AM\nTo: Claussen, Dennis W\nSubject: RE: Request for written letter of interpretation\nDear Dennis,\nWe have received your request for a written letter of interpretation regarding the\nhazardous materials regulations (49 CFR Parts 171-180).\nPlease include your company's physical address to expedite the submission process.\nSincerely,\nMike,\nHazardous Materials Specialist\nbe requested in accordance with 49 CFR 105.20.\nAn e-mail response from this office is considered informal guidance. Formal guidance may\nhttp://phmsa.dot.gov/hazmat/regs/interps\nFrom: Claussen, Dennis W [mailto:dennis.claussen@rl.doe.gov]\nTo: INFOCNTR (PHMSA)\nSent: Thursday, January 15, 2015 6:41 PM\nSubject: Request for written letter of interpretation\n1\n\n<<<PAGE 4>>>\n\nTo whom it may concern:\nA US Department of Energy facility has some non-spillable batteries [as defined 49 CFR 173.159(f)], which has become\ncontaminated with radioactive material. These batteries exceed limit quantity levels for radioactive material. DOE is\npreparing these batteries for treatment and disposal.\nSeveral classifications are being considered. Each classification has potential issues.\n1.\nSurface Contaminated Object (SCO): Since the batteries meet DOT requirements for non-spillable batteries, the\nbatteries, which contain sulfuric acid, could be treated as a solid. Thus, these batteries can meet the definition of surface\ncontaminated object.\n2. Low Specify Activity (LSA) Material: These batteries can meet the radioactive concentration activity distribution\nrequirement in the definition LSA material for a liquid. The issue with classifying these batteries as LSA is meeting\n\"distributed throughout\". These batteries are sealed; thus the sulfuric acid is not contaminated:\n3.\nType A quantity: If these batteries are considered liquid due the uncontaminated sulfuric acid, these batteries would\nhave to be shipped in Type A packaging meeting the requirements of 49 CFR 173.466. These liquid Type A packaging are\nrare and expensive.\nWould US Department of Transportation (DOT) consider treating these batteries as solid for the purposes for packaging\nselection/proper shipment name classification? These batteries would be shipped as SCO or Type A.\nIf DOT considers these batteries as liquid, could these batteries be shipped as LSA material?\nDennes W. Claussen\nUS Department of Energy, Richland Operations Office\nNuclear Safety Engineer| Traffic Manager\nPhone: (509) 372-0938\nEmail: dennis. claussen @el. doe. gou\n\"Get your facts first and then you can distort them as much as you please. \" Mark Twain","truncated":false,"body_characters":6035}