Settoon Towing — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Plpellne and Hazardous Materlala Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 FEB 1 5 2019 Nicholas Kohnke Special Projects Associate Settoon Towing 1073 Highway 70 P.O. Box279 Pierre Part, LA 70339 Reference No. 18-0088 Dear Mr. Kohnke: This letter is in response to your June 12, 2018, email requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the transportation of radionuclides. We have paraphrased and answered your questions as follows: Q 1. You ask if a person who offers a consignment containing radionuclides to a carrier for transportation without knowing if it meets the definition of a Class 7 radioactive material would be subject to the HMR. Al. In accordance with§ 173.22, it is the shipper's responsibility to classify a hazardous material for transportation. If a consignment meets the definition of a hazardous material, the shipment-and any person performing a pre-transportation function-is subject to the requirements of the HMR. Q2. You ask if a consignment that contains radionuclides where both the activity concentration and the total activity in the consignment do not exceed the values specified in the§ 173.436 table or values derived according to the instructions in§ 173.433 would meet the definition of a Class 7 radioactive material. A2. The answer is no. See the definition of a radioactive material in § 173.403. Furthermore, 49 CFR Part 173, Subpart I applies only to those materials meeting the definition of a Class 7 radioactive material. Q3. You ask if a consignment that does not meet the definition of a Class 7 radioactive material is subject to the requirements in 49 CFR Part 173, Subpart I. A3. The answer is no. See A2.#

Page 2Q4. A4. · Q4. A4. Q5. A5. You ask if the definitions of bulk packaging, packaging, and package in§ 171 .8 apply only to radioactive materials that meet the 49 CFR Part 173, Subpart I definition of a radioactive material. The answer is yes. The definitions of bulk packaging, packaging, and package in § 171 .8 apply only to hazardous materials. Radioactive materials are defined in 49 CFR Part 173, Subpart I ( see A2). Therefore, if the material does not meet the definition of a radioactive material or any other hazardous material, the definitions referenced in your question do not apply. Additionally, the bulk carriage of hazardous materials by water is governed by 46 CFR Chapter I, Subchapters D, I, N, and O (see 49 CFR 176.5(d)). You ask if the activity concentration for radium 226 or radium 228 as an exempt material is 10,000 Bq/L (2.7 x 10-7 Ci/L) in water. The answer is yes. The § 173.436 table of exempt material activity concentrations for both the radionuclides radium 226 and 228 is 1.0 x 101 Bq/g (2.7 x 10- 10 Ci/g). The conversion to ~q/L (Ci/L) is correct, as one liter is equal to 1,000 grams. You ask if the exempt material activity concentrations found in§ 173.436 apply only to packaged materials. The answer is no. The exempt material activity concentration values in§ 173.436 apply to all shipments of radionuclides offered for transportation under the HMR. Furthermore, the bulk carriage of hazardous materials by water is governed by 46 CFR Chapter I, Subchapters D, I, N, and O (see 49 CFR 176.5(d)). I hope this information is helpful. Please contact us if we can be of further assistance.#

Page 3January, lkeya CTR (PHMSA) From: Sent: To: Subject: Attachments: INFOCNTR (PHMSA) Tuesday, June 12, 2018 4:50 PM Hazmat Interps FW: Settoon Formal Request for Letter of Interpretation from DOT-6.12.18 Settoon Formal Request for Letter of Interpretation to DOT - FINAL 6.12.18.docx Hi lkeya, Attached is a request for a letter of interpretation. Eugenio spoke with Mr. Kohnke about his request. Thank you, Jodi From: Nicholas Kohnke [mailto:nicholas.kohnke@settoontowing.com] Sent: Tuesday, June 12, 2018 12:33 PM To: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov> Subject: Settoon Formal Request for Letter of Interpretation from DOT-6.12.18 Good afternoon, Please see the attached request for Interpretationfrom the Department of Transportation. Subject: REQUEST FOR LETTER OF INTERPRETATION, 49 CFR 173.403 AND§ 173.436 AND§ 171.8. Dear Mr. Kelley, Settoon Towing has reviewed the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) material. We have several questions for which we are requesting interpretation. The first question concerns the definition of "radioactive material" found in 49 CFR 173.403 as it applies to technologically enhanced radioactive material (TENORM) in produced waters generated from oil and gas drilling and hydraulic fracturing operations. It is our understanding that this definition is to be used by any person "who offers a hazardous material for transportation in commerce, causes a hazardous material to be transported in commerce, or transports a hazardous material in commerce" (49 CFR 171.l(b)). It is our belief that a person offering any material for shipment in a consignment containing radionuclides must apply this definition when determining if the material qualifies as a Class 7 (radioactive) material. Is this correct? If a consignment contains material whose radionuclides are in quantities that do not exceed both the activity concentration and total activity limits specified in the table in§ 173.436 or the values derived according to the instruction in§ 173.433, it is our understanding that the material does not qualify as a Class 7 (radioactive) material. Is this correct? It is our understanding that the definitions of bulk packaging, packaging, and package found in 49 CFR § 171.8 only apply to materials containing radionuclides that meet the definition of a Class 7 (radioactive) material, as defined in 49 CFR 173.403. Is this correct? 1#

Page 4The table in 49 CFR 173.436 specifies the activity concentration for exempt material. The activity concentration for exempt material for radium 226 and radium 228 is 1 x 101 Bq/g (2.7 x 10-1 ° Ci/g). For water at a density of one gram per milliliter this equates to an activity concentration for exempt material of 10,000 Bq/L (2.7 x 10-7 Ci/Lor approximately 270,000 pCi/L). Is this correct? Per 49 CFR 173.436, does exempt material activity concentrations only apply to packaged materials or do they apply to any material offered for transport that contains radionuclides? It is our understanding that of the regulations found in 49 CFR 173 Subpart I only apply if the material is a radioactive material per the definition in §173.403? Is this correct? We appreciate your consideration of these questions and the time and effort the DOT takes to provide a response. I eagerly await your formal clarification which can be sent to me at nick.kohnke@settoontowing.com . Please reach me at 504-782-7944 if you have any questions. Respectfully, Nick Kohnke SETTIII Tll' III . Nick Kohnke Special Projects Associate Mobile: 504-782-7944 Office: 985-252-4499 nick.kohnke@settoontowing.com 2#

Page 5SETTDIN TOWING Mr. Shane Kelley Director, Standards and Rulemaking Division U.S DOT/PHMSA (PHH-IO) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Date: June 8, 2018 Subject: REQUEST FOR LETTER OF INTERPRETATION, 49 CFR 173.403 AND§ 173.436 AND§ 171.8. Dear Mr. Kelley, Settoon Towing has reviewed the Hazardous Materials Regulations (HMR) governing the transportation of Class 7 (radioactive) material'. We have several questions for which we are requesting interpretation. The first question concerns the definition of"radioactive material" found in 49 CFR 173.403 as it applies to technologically enhanced radioactive material (TENORM) in produced waters generated from oil and gas drilling and hydraulic fracturing operations. It is our understanding that this definition is to be used by any person "who offers a hazardous material for transportation in commerce, causes a hazardous material to be transported in commerce, or transports a hazardous material in commerce" (49 CFR 171.l(b)). It is our belief that a person offering filll:'. material for shipment in a consignment containing radionuclides mtist apply this definition when determining if the material qualifies as a Class 7 (radioactive) material. Is this correct? If a consignment contains material whose radionuclides are in quantities that do not exceed both the activity concentration and total activity limits specified in the table in § 173.436 or the values derived according to the instruction in§ 173.433, it is our understanding that the material does not qualify as a Class 7 (radioactive) material. Is this correct? It is our understanding that the definitions of bulk packaging, packaging, and package found in 49 CFR § 171.8 only apply to materials containing radionuclides that meet the definition of a Class 7 (radioactive) material, as defined in 49 CFR 173.403. Is this correct? The table in 49 CFR 173.436 specifies the activity concentration for exempt material. The activity concentration for exempt material for radium 226 and radium 228 is I x I 01 Bq/g (2.7 x 10·1 ° Ci/g). For water at a density of one gram per milliliter this equates to an activity concentration for exempt material of I 0,000 Bq/L (2. 7 _ x I 0·7 Ci/L or approximately 270,000 pCi/L ). Is this correct? Per 49 CFR 173.436, does exempt material activity concentrations only apply to packaged materials or do they apply to any material offered for transport that contains radionuclides? It is our understanding that of the regulations found in 49 CFR 173 Subpart I only apply if the material is a radioactive material per the definition in§ 173.403? Is this correct? 1 Ct':rnmerr~ed [S.U.]: , _ , -:- . -,; ~ :-:- ~-'= ;:~ -:, ; •c:-~ '.- : ' . .::<.;('.:· ; _,, °" . E .' 2~ :.,,;.~ . : · :'. ::-,!:,,: i 'E Corporate Of/ice 1073 HWY 70 / PO BOX 279 PIERRE PART, LA 70339 phone 985.252.4499 fax 985.252.0000 www.settoontowing.com L866.SETTOON Operational Headquarters 255 EQUITY BLVD HOUMA, LA 70360 phone 985.851.6301/ax 985.631.4930#

Page 6SETTODN TOWING Thank you for your consideration of these questions and the time and effort the DOT takes to provide a response. I eagerly await your formal clarification which can be sent to me at nick.kohnke@settoontowing.com. Please reach me at 504-782-7944 if you have any questions. Respectfully, Nick Kohnke Special Projects Director (504)-782-7944 nick.kohnke@settoontowing.com Corporate Office 1073 HWY 70 / PO BOX 279 PIERRE PART, IA 70339 phone 9B5.252.4499 fox 985.252.0000 www.settoontowing.com 1.866.SETTOON Operational Headquarters 255 EQUllY BLVD HOUMA, IA 70360 phone 9B5.851.6301/ax 985.631.4930#