{"operation":"document","citation":"20-0009","title":"Veolia North America — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2020-09-02","effective_on":null,"summary":"20-0009 response to Veolia North America concerning 173.25, 173.421, 173.422.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-20-0009","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/74306/200009.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nSeptember 2, 2020\nMs. Jennifer Fletcher\nSenior Manager, Transportation Compliance\nVeolia North America\n1 Eden Lane\nFlanders, NJ 07836\nReference No. 20-0009\nDear Ms. Fletcher:\nThis is in response to your February 4, 2020, letter requesting further clarification of Letter of\nInterpretation (LOI) Reference No. 18-0027 dated February 27, 2019, and an additional request\nfor clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180)\napplicable to the marking requirements for radioactive materials.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether the markings on the outside of each package of limited quantities of\nClass 7 (radioactive) materials must be in letters and numbers at least 12 mm in height (as\nstated in LOI Reference No. 18-0027) when §§ 173.421 and 173.422(a) except, with\ncertain conditions, these materials from having to comply with the HMR.\nA1. The answer is no. Your understanding, as stated in your February 4, 2020, letter is\ncorrect and we regret any confusion this may have caused. Limited quantities of\nradioactive materials that meet the requirements in §§ 173.421 and 173.422(a) are\nexcepted from complying with the 12 mm height minimum requirement for the UN\nidentification number marked on the outside of packages containing these materials.\nQ2. You ask whether § 173.421 excepts the outside of shrink-wrapped, radioactive materials\npackages from being marked with the word “OVERPACK” and repeating the word\n“Radioactive,\n” if applicable, and the proper shipping name and identification number on\nthe outside of the package, even if these markings are obscured by the shrink wrap.\nA2. Section 173.421 provides relief from the requirements for specification packaging,\nmarking (except for the UN identification number marking requirement described in\n§ 173.422(a)), labeling, and if not a hazardous substance or hazardous waste, shipping\n\n<<>>\n\npapers. This exception is extended to the need to replicate the “Radioactive” marking on\nthe outside of an overpack. However, PHMSA would like to clarify that in accordance\nwith § 173.25(a)(4), an “OVERPACK” mark would not necessarily be required as the\npackages would not be required to be a Type A or specification package.\nQ3. You ask whether affixing the label—that you provided with your letter—to a limited\nquantity radioactive materials packaging would satisfy the marking requirement in\n§ 173.421(d) and the UN identification number marking requirement in § 173.422(a)(1).\nA3. The label you provided meets the requirements of § 173.422(a)(1). However,\n§ 173.421(d) requires the outside of the inner packaging or, if there is no inner packaging,\nthe outside of the packaging itself to bear the marking “Radioactive.\n” Therefore, if the\npackage has inner packagings, the label you provided would need to be attached to each\ninner package to meet this requirement. If this requirement is met, then the label you\nprovided would also meet the provisions of § 173.421(d).\nQ4. If the answer to Q3 is no, you ask whether you are required to provide separate\n“Radioactive” and UN identification number markings elsewhere on the package.\nA4. No further UN identification number marking is needed; however, as stated above, if the\nshipment utilized an inner packaging, the “Radioactive” marking must be placed on each\ninner package.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<>>\n\nWolcott\n20-0009\nDodd, Alice (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent:\nTo:\nSubject:\nAttachments:\nWednesday, February 5, 2020 11 :15 AM\nHazmat lnterps\nFW: Request for Clarification to Interpretation Letter Reference No. 18-0027\nFollow Up Question to Radioactive lnterp Request Ref. No. 18-0027 (VES lnterp\nRequest).pdf\n· Hello Alice and lkeya,\nPlease see attached for letter of interpretation request on letter 18-0027, worked on by EE regarding radioactive\nmarking requirements. There are two questions regarding a clarification of their previous letter and one new question.\nPlease contact our office with any questions.\nThank you,\nKathryn, HMIC\nFrom: Fletcher, Jennifer [mailto:jennifer.fletcher@veolia.com]\nSent: Tuesday, February 4, 2020 4:15 PM\nTo: INFOCNTR (PHMSA) \nCc: Liza Krass \nSubject: Request for Clarification to Interpretation Letter Reference No. 18-0027\nGood afternoon, please accept the attached request for clarification to a formal written interpretation letter\n(Ref. No. 18-0027) from Veolia.\nThank you,\nJennifer Fletcher\nSenior Manager, Transportation Compliance\nTechnical and Performance\nVEOLIA NORTH AMERICA\ntel\n+1 973 691 7331 /\ncell\n+ 1 862 432 9778\n1 Eden Lane, Flanders NJ 07836\njennifer .fletcher@veolia.com\nwww.veolianorthamerica.com\nResourcing the world G) VEOLIA\n\"'Im�\n1\n\n<<>>\n\nG)veOLIA\nFebruary 4, 2020\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nUS Department of Transportation\nEast Building\n1200 New Jersey Avenue SE.\nWashington DC 20590-0001\nRequest for Clarification to Interpretation Letter Reference No. 18-0027\nTo Whom It May Concern:\nPlease accept this letter as a request for clarification to a formal written interpretation letter (Ref.\nNo. 18-0027) issued by T. Glenn Foster, USDOT, Chief, Regulatory Review and Reinvention Branch,\nStandards and Rulemaking Division on February 27, 2019.\nClarification Request #1:\nOn February 22, 2018, myself and Ms. Liza Krass of Veolia North America jointly submitted an\ninterpretation request related to the radioactive materials packaging requirements of §§173.421,\n173.422 and 173.410. As part of PHMSA's response to question 1, PHMSA stated that the\nidentification number (e.g., UN2910) marking on the outside of each package must be in letters and\nnumbers of at least 12 mm in height.\n§173.421 currently states, \"A Class 7 (radioactive) material with an activity per package which does\nnot exceed the limited quantity package limits specified in Table 4 in §173.425, and its packaging, are\nexcepted from requirements in this subchapter for specification packaging, marking [except for the UN\nidentification number marking requirement described in §173.422[a)J. labeling, and if not a\nhazardous substance or hazardous waste, shipping papers, and the requirements of this subpart if' ...\nFor reference, §173.422(a) currently states, ''.An excepted package of Class 7 (radioactive) material\nthat is prepared for shipment under the provisions of §173.421, §173.424, §173.426, or §173.428, or a\nsmall quantity of another hazard class transported by highway or rail ( as defined in §173.4) which\nalso meets the requirements of one of these sections, is not subject to any additional requirements of\nthis subchapter, except for the following:\n( a) The outside of each package must be marked with:\n(1) The UN identification number for the material preceded by the letters UN. as shown in column [4J\nof the Hazardous Materials Table in §172.101 of this subchapter: and\" ...\nVeolia North America\n1 Eden Lane\nFlanders, NJ 07836\ntel 973-691-7331 fax 973-691-3978\nwww.veolianorthamerica.com\n\n<<>>\n\nG)\nVeolia is requesting clarification specifically on the 12 mm height requirement for the identification\nnumber marking on the outside of the package. §173.421 initially provides an exception from the\nentire subchapter (Title 49, Subtitle B, Chapter I, Subchapter C, the Hazardous Materials\nRegulations, 49 CFR parts 171-180), which includes the Subpart D marking requirements, and then\ngoes on to require, except for the identification number marking requirement described in\n§173.422 ( a). As it is currently written, § 173.422 (a) does not impose a height requirement for the\nidentification number marking. Therefore, by PHMSA requiring the marking to appear in 12 mm in\nheight is imposing a requirement over and above the current regulation found under §173.422(a).\nVeolia respectfully requests clarification regarding why PHMSA is imposing a size requirement on\nthe identification number marking for packages prepared in accordance with §173.421 and\n§173.422(a).\nClarification Request #2:\nVeolia indicated in the original interpretation request that we currently shrink wrap the completed\npackages containing the radioactive material to a pallet, essentially creating an overpack, and if the\nshrinkwrap obscures the \"Radioactive\" marking on the box, Veolia also marks the outside of the\nshrinkwrap with the word \"Radioactive\". PHMSA's response supported this action in order to\nmaintain compliance with the overpack marking requirements found under §173.25(a)(2).\n§173.25(a)(2) currently requires, \"Authorized packages containing hazardous materials may be\noffered for transportation in an overpack as defined in §171.8 of this subchapter, if all of the following\nconditions are met:\"\n\"(2) The overpack is marked with the proper shipping name and identification number, when\napplicable, and is labeled as required by this subchapter for each hazardous material contained\ntherein, unless marking and labels representative of each hazardous material in the overpack are\nvisible.\"\nSince §173.421 essentially provides an exception from the entire subchapter (Title 49, Subtitle B,\nChapter I, Subchapter C, the Hazardous Materials Regulations, 49 CFR parts 171-180) except for the\nspecific requirements noted in § 173.421 and § 173.4 22 (a), this exception also provides relief from\ncompliance with the requirements of §173.25, therefore the overpack for the radioactive material\npackages is also excepted from the overpack marking requirements. Given this logic, does PHMSA\nagree that Veolia is not required to mark the outside of the overpack with the word \"OVERPACK\" or\nrepeat the \"Radioactive\" marking, proper shipping name and identification number on the outside\nof the overpack even if the marking is obscured by the shrink wrap?\nNew Question #1:\nVeolia would also like to take this opportunity to pose a question related to the radioactive marking\nrequirement listed under §173.421(d). Veolia currently affixes a barcode label similar to the\nexample provided below to all packages containing radioactive material. The label is used to\nfacilitate tracking of the package through Veolia's computerized electronic tracking system. The\nlabel lists the proper shipping name which includes the word, \"Radioactive\" and UN identification\nnumber. In PHMSA's opinion, does affixing this label to the package satisfy the radioactive marking\nrequirement under §173.421( d) and the UN identification number marking required under\n§173.422(a)(1)? If not, is Veolia required to provide separate \"Radioactive\" and UN identification\nnumber markings elsewhere on the package?\n\n<<>>\n\nG)\nExample of Veolia barcode tracking label:\n1111111111111111111111111111111111111111111\nLK-2523470000-001-01-0\nDTK662795\n:UN2910. RArnOACTIVE MATERIAL.\nEXCEPTED PACKAGE· LIMITED QUANTITY OF\nMATERIAL, 7\nEPA CODE: •/NONE\nWIP#: 917046 CONT. TYPE: 30 GAL DF\nDATE ACCUMULATED: 08/05/2019 PHY STATE: S\nDATE SHIPPED: 08/05/2019 GEN DRM ID: 190226-1\nNON-HAZARDOUS WASTE\nIr roui;:,. P:.tRSC CC1',Tm:r TtlC t,CIU•CST Pi.:Ei;,. ,: !':FV'CT'l' fl:.:Ti,G\"'. Hf -11.~ 1,,1:,::_ r,; :::;; .-~-::--r•1-=f-\ns~ .. ur 10-.s fl.T 1-e.li:hl?fhl'lei\nYour written response to this request is greatly appreciated. If you require any further information\nregarding this request please feel free to contact me at jennifer.fletcher@veolia.com /\n973-691-7331.\nThank you,\nJennifer Fletcher (formerly Eberle)\nManager, Transportation Compliance\nIndustrial Business\nVEOLIA NORTH AMERICA\n\n<<>>\n\nU.S. Departm_ent\nof Transportation\nPipeline and Hazardout\nMaterl1l1 Safety\nAdmlnl1tratlon\nFEB .2 7 ·1019\n1200 New Jersey Aven!Je, SE\nWashington, DC 20590\nMs. Jennifer Eberle\nManager, Transportation Compliance\nIndustrial Business\nVeolja North America\n1 Eden Lane\nFlanders, NJ 07836\nReference No. 18-0027\nDear Ms. Eberle:\nThis letter is in response to your February 22, 2018, letter and your and Ms. Liza Krass'\nMarch 28; 2018, telephone conversations with a member ofmy staff requesting clarification of\nthe Hazardous Materials Regulations (HMR; 49 CPR Parts 171-.180) applicable to excepted\npackages for limited quantities of Class 7 (radioactive) materials transported by motor vehicle\nfor disposal. ·\nIn these communications, you described a packaging configuration consisting of\n· non-specification, non-bulk fiberboard boxes containing excepted quantities of Class 7\n(radioactive) .materials. Specifically, the boxes contain a sealed polyethylene bag containing\nfrozen animal carcasses contaminated with low levels of Tritium (T(H-3)) and Carbon 14 (C-14),\nwhich is placed in-the box along with absorbent materials and mixed dry waste, including lab\ndebris, glass, and plastic, that is contaminated with biological or radioactive material. You\ncon.finned that the boxes' contents do not meet the definition of a \"hazardous substance\" nor a\n\"hazardous waste\" in § 171.8 of the HMR. You also confirmed that the boxes and their contents\ncomply with all applicable provisions in§§ 173.410, 173.421, and 173.422, including the general\npackaging requirements in Subparts A and B of 49 CPR Part 173.\nYou further stated that each box is marked with the appropriate UN numbers and the word\n\"RADIOACTIVE.\" These boxes are shrink-wrapped to a pallet. Because the shrink wrap\nobscures the \"RADIOACTIVE\" marking on the box, the outside of the shrink wrap is also\nmarked with the word \"RADIOACTIVE.\" The pallets are transported by motor vehicle for\ndisposal.\nQ 1: You ask whether the packaging configuration you described meets the packaging\nrequirements of 49 CFR §§ 173.421 and 173.410.\n\n<<>>\n\nAl: Provided each box that has been prepared for shipment is surveyed for radiation levels at\nthe surface of each package on all six sides and does not exceed 0.00SmSv/h, the activity\nof the box does not exceed the limited-quantity package limits specified in Table 4 in\n§ 173.425, and the identification number (e.g., UN2910) marking for the materials is in\nletters and numbers at least 12 mm in height, based on the information you provided it is\nthe opinion of this Office that the boxes comply with§§ 173.410 and 173.421.\nQ2: You ask whether the completed pallet secured with shrink-wrap can be indicated as a\nsingle container ori the shipping paper.\nA2: The answer is no.\nThe closed box meets the definition of a \"package\" for Class 7 materials ( see § 173 .403 ).\nSection 173 .403 describes a Class 7 packaging as \"the assembly of components necessary\nto ensure compliance .with the packaging requirements of' 49 CFR Part 173, Subpart I\n(Class ?-Radioactive Materials); and a package as \"the packaging together with its .\nradioactive contents\" that meets the HMR requirements for transport. The enclosure you\nuse (i.e., the shrink wrap and pallet) to consolidate the packages meets the definition of\nan \"overpack\" when used by a single consignor to provide protection or convenience in\nhandling of a package or to consolidate two or more packages (see § 171.8).\nHowever, the HMR do not require the packages (in tlns instance, the individual boxes) to\nbe described on a shipping paper (see§ 173.421, introductory paragraph).\nAdditionally, because you stated the shrink wrap obscures the markings on the box, we\nwant to clarify that in accordance with § 173.25(a)(2), if any of the required marks and\n-labels are not visible on the packages through the shrink-wrap, they must be repeated on\nthe outer surface of the overpack.\nI hope this information is helpful. Please contact us if we.can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Br~ch\nStandards and Rulemaking Division\n\n<<>>\n\nG)veOLIA\nFebruary 22, 2018\nStandards and Rulemaking Division\nPipeline and Hazardous Materials Safety Administration\nAttn: PHH-10\nUS Department of Transportation\nEast Building\n1200 New Jersey Avenue SE.\nWashington DC 20590-0001\nRequest for Interpretation Regarding the Use of a Shrink Wrapped Pallet as an Outer\nPackage for the Transportation of Limited Quantities of Class 7 Radioactive Materials\n(Excepted Package)\nTo Whom It May Concern:\nPlease accept this letter as a request for a formal written interpretation from your office. Veolia\ncurrently prepares excepted packages oflimited quantities of Class 7 radioactive materials for\ntransportation to the processing disposal facility. The packagings are prepared in accordance with\nthe requirements of 49 CFR §173.421 Excepted packages for limited quantities of Class 7\n(radioactive) materials. An example of the packaging configuration used for these shipments\nincludes frozen animal carcasses which are contaminated with low levels of tritium and carbon 14,\nplaced into a sealed bag, the bag is then placed into a non-UN specification non-bulk carton fiber\npackage containing absorbent materials and possibly mixed dry waste including PPE, lab debris,\nglass, plastic, etc. The closed non-UN specification non-bulk carton fiber packagings are then\nloaded onto a pallet and secured with shrink-wrap. Veolia believes that this entire packaging\nconfiguration meets the general design requirements of 49 CFR §173.410.\n1) Does PHMSA agree thatthe complete packaging configuration as described meets the\npackaging requirements of 49 CFR 173.421 and 173.410?\n2) If so, does PHMSA agree that it is correct for Veolia to indicate each completed pallet\nsecured with shrink-wrap as a single container on the shipping paper (e.g. 1 pallet)?\nYour written response to this request is greatly appreciated. If you require any further information\nregarding this request please feel free to contact me at jennifer.eberle@veoiia.com / 973-691-7331.\nThank you,\n~~\nJennifer Eberle\nManager, Transportation Compliance\nIndustrial Business\nVEOLIA NORTH AMERICA\nVeolia North America\n1 Eden Lane\nFlanders, NJ 07836\ntel 973-691-7331 fax 973-691-3978\nwww.veolianorthamerlca.com","truncated":false,"body_characters":18206}