{"operation":"document","citation":"22-0014","title":"I.C.E. Service Group & SPS Strategic Packaging Systems — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-04-06","effective_on":null,"summary":"22-0014 response to I.C.E. Service Group & SPS Strategic Packaging Systems concerning 173.22, 173.29, 173.401, 173.403, 173.428, 173.436, 173.443.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/77286/220014.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMarch 6, 2023\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMr. Kurt Colborn\nCompliance and Quality Assurance\nI.C.E. Service Group & SPS Strategic Packaging Systems\n238 Moon-Clinton Road, Suite 200\nCoraopolis, PA 15108-3034\nReference No. 22-0014\nDear Mr. Colborn:\nThis letter is in response to your February 23, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to non-radioactive\nsolid objects with radioactive substances present on any surfaces.\nWe have paraphrased and answered your questions as follows:\nQ1. You ask whether a non-radioactive solid object with radioactive substances present is\nsubject to the requirements of the HMR if the radioactive substances present on its\nsurface are at levels less than those specified in the definition of “contamination” as\nprovided in § 173.403.\nA1. The answer is no. Section 173.401(b)(5) excludes non-radioactive solid objects with\nradioactive substances present on any surface in quantities less than the levels defined in\n§ 173.403 (See the definition of “contamination”) from Subpart I (Class 7 Radioactive\nMaterials) of Part 173 (Shippers – General Requirements for Shipments and Packagings)\nof the HMR.\nQ2. You ask whether the presence of a radioactive substance on a non-radioactive solid is\ndetermined by the average activity of the surface of an object or the peak limit at any\nsingle point.\nA2. The definition of “contamination” as specified in § 173.403 sets thresholds on a per\nsquare centimeter basis. Section 173.443 provides additional specific requirements for\ncontamination control and determination of non-fixed contamination levels, including\naveraging over a 300 cm2 wipe area and ensuring sufficient measurements in appropriate\nlocations are taken to yield a representative assessment of non-fixed contamination\n\n<<>>\n\nlevels. Averaging non-fixed or fixed contamination levels over the entire surface of an\nobject is not permitted.\nQ3. You ask whether non-radioactive solids with radioactive contamination exceeding the\nlimits specified in the definition of “contamination” as found in § 173.403 but do not\nexceed the consignment limits of § 173.436 are subject to the HMR, and whether this\ninterpretation changes when applied to empty packages.\nA3. Non-radioactive solids with radioactive contamination present that exceed the limits\nspecified in the definition of “contamination” found in § 173.403, but do not exceed the\nconsignment limits of § 173.436, are excepted from the HMR because the radionuclides\npresent do not meet the definition of “radioactive material” found in § 173.403. This\ninterpretation does not change when determining whether packages that currently have no\ncontents but previously contained radioactive material are subject to the provisions of the\nHMR. It must be noted that exemption from the provisions of the HMR is not equivalent\nwith free release of material or packaging in the general public.\nQ4. You reference the table of exempt material activity concentrations and exempt\nconsignment activity limits for radionuclides provided in § 173.436 and ask whether your\nunderstanding is correct that the consignment exemption limit is exceeded when the\ncontamination limit for beta and gamma is over 300 cm2\n. (See § 173.403 for the\ndefinition of “Surface Contaminated Object”).\nA4. The answer is yes. When the activity of radioactive substances present on a non-\nradioactive solid exceed the exempt consignment limits of § 173.436, the object is subject\nto the requirements of the HMR. It must be noted that the consignment limit of\n§ 173.436 is based on activity present and not distribution over the surface of the non-\nradioactive object and can lead to large objects with very low contamination being\nsubject to the requirements of the HMR.\nQ5. You ask whether contamination on an object, package, or conveyance must be\ndetermined by direct measurement.\nA5. The answer is no. Contamination can be determined from many different methods in\naddition to direct measurement. While the HMR do not specify a method for evaluation\nof fixed contamination, § 173.443 provides requirements for the measurement of non-\nfixed contamination. These include instructions on performing a wipe test, but also allow\nfor the use of alternative methods of equal or greater efficiency as provided in\n§ 173.443(a)(1)(ii). It must be noted that § 173.22 states it is the shipper’s responsibility\nto properly class and describe a hazardous material. Depending on the shipment and\nform of material, analysis of a previous shipment may or may not be of value. It is\nnecessary that whatever method is used be capable of detecting contamination at or\nbelow the contamination limits.\n\n<<>>\n\nQ6. You ask whether radioactive contamination may be present on the internal surfaces of an\nempty packaging recently used to ship exempt quantities of radionuclides.\nA6. While it is possible for regulated radioactive contamination to remain on the internal\nsurface of a package after transport of an exempt quantity of radioactive material, great\ncare must be taken when using a radioactively-contaminated package to transport exempt\nradioactive material as the amount and type of contamination may cause the shipment to\nbe subject to the HMR.\nQ7. You state that determining the non-fixed contamination alone, or in combination with the\ndose reading, is not sufficient to ensure that an object or empty packaging is not\n“contaminated” as defined in § 173.403. You also state that dose readings are only useful\nfor determining compliance if they can be shown to provide an effective representation of\nthe total fixed and not-fixed contamination correlating to the definition’s limits for the\nmixture of nuclides determined to be present in the contamination. You ask whether your\nunderstanding is correct.\nA7. The definition of “contamination” provided in § 173.403 establishes the threshold at\nwhich the presence of radioactive substance(s) on the surface of an object is considered\ncontamination. For the purposes of exemption from the scope of the HMR via\n§ 173.401(b)(5), this definition does not distinguish between fixed and non-fixed\ncontamination and there are numerous methods to measure contamination. In other\nsections of the HMR, including § 173.443, Contamination Control, only non-fixed\ncontamination limits are specified. Accordingly, § 173.22 states that it is the shipper’s\nresponsibility to properly class and describe a hazardous material.\nQ8. You ask whether an empty packaging is subject to the HMR under §§ 173.29 and\n173.428 if it is free from contamination as described in § 173.403 or does not meet the\ndefinition of a Class 7 (radioactive) material under § 173.436. You also ask whether it is\nnecessary to assume an empty package or conveyance must be shipped in accordance\nwith § 173.428 as an empty Class 7 (radioactive) materials packaging unless it can be\nshown it is free from contamination in accordance with § 173.403 or is exempt in\naccordance with § 173.436.\nA8. Packages previously used to transport radioactive materials remain subject to the HMR\nunless they meet the requirements for exempt material activity concentrations and exempt\nconsignment activity limits for radionuclides as specified in § 173.436. See A3.\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\nPollack\n22-0014\nFrom: INFOCNTR (PHMSA)\nTo: Hazmat Interps\nSubject: FW: Interpretation request, radioactive contamination\nDate: Thursday, March 3, 2022 2:51:10 PM\nAttachments: DOT Interpretation contamination final.pdf\nSee attached request for interpretation.\nThanks,\nJonathon, HMIC\nFrom: Kurt Colborn \nSent: Wednesday, February 23, 2022 2:00 PM\nTo: INFOCNTR (PHMSA) \nSubject: Interpretation request, radioactive contamination\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nPlease find the attached request for interpretation of the application of the definition of\nradioactive contamination.\nRespectfully submitted,\nKurt Colborn\nCompliance and Quality Assurance\nI.C.E. Service Group & SPS Strategic Packaging Systems\n238 Moon-Clinton Road, Suite 200\nMoon Twp., PA 15108\nCell: 724-544-5815\n\n<<>>\n\nDirk Der Kinderen\nChief, Standards Development Branch\nU.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590 Via email: infocntr@dot.gov\nFebruary 23, 2021\nSUBJECT: Contamination Levels Exempt from Class 7 Requirements\nDear Mr. Der Kinderen,\nThe purpose of this letter is to request confirmation of our interpretation of the requirements of 49 CFR\n173.401(b)(5) and 173.403 definition of Contamination. In general, this letter seeks concurrence that\ncontamination determinations described herein are compliant with the HMR. Specifically, we seek\nconfirmation that a previously used packaging or conveyance that is not contaminated is not subject to\nany of the marking, labeling, or shipping documentation requirements of the HMR with regard to\nradioactive materials.\nDiscussion:\n173.401(b)(5) states that the requirements of Subpart I – Class 7 (Radioactive) Materials do not apply to\nNon-radioactive solid objects with radioactive substances present on any surfaces in quantities not\nexceeding the threshold limits set forth in the definition of contamination in § 173.403.\nThe 173.403 definition of Contamination states that Contamination means the presence of a radioactive\nsubstance on a surface in quantities in excess of 0.4 Bq/cm2 for beta and gamma emitters and low\ntoxicity alpha emitters or 0.04 Bq/cm2 for all other alpha emitters. There are two categories of\ncontamination:\n(1) Fixed contamination means contamination that cannot be removed from a surface during\nnormal conditions of transport.\n(2) Non-fixed contamination means contamination that can be removed from a surface during\nnormal conditions of transport.\nQuestions (Please confirm):\n1) An empty packaging or conveyance, with radioactive nuclides on its surface at levels less than\nthe levels established by the definition of contamination, is not subject to Class 7 controls.\n238 Moon Clinton Rd | Suite 200 | Moon Township PA 15108 p 724.266.7580 www.iceservicegroup.com\nf 724.266.7583\n\n<<>>\n\n2) The presence of contamination is correctly determined as an average activity over the surface of\nan object or the internal surfaces of an empty packaging (i.e. it is not a peak limit which renders\nthe packaging contaminated if exceeded at any single point).\nDiscussion:\nInterpretation #18-0014 indicates that radioactively contaminated items not exceeding the consignment\nexemption activity limits of 173.436 are not regulated as radioactive materials.\nQuestions (Please confirm):\n3) 4) Items that are radioactively contaminated in accordance with 173.403, but not exceeding the\nconsignment exemption limits of 173.436, are not subject to Class 7 controls; including empty\npackaging contaminated at these levels.\nUsing the 173.436 Table 8 general exemption limits for beta-gamma nuclides as an example, the\nconsignment exemption limit is exceeded when contamination is present at the limits of the\n173.403 definition over an area of just 2.5 m2. Hence, (in the absence of calculations specific to\nthe nuclide concentrations present in contamination) the limit on contamination established by\nthe definition is likely to be less restrictive than the consignment limit for objects or empty\npackagings of significant surface area (such as intermodal containers or gondola railcars).\nDiscussion:\nInterpretation #06-0274 held that a packaging previously used for Class 7 shipments, but more recently\nused for a shipment of materials exempt from Class 7 shipping requirements could, nonetheless, be a\ncontaminated empty packaging after use for an exempt shipment.\nQuestions (Please confirm):\n5) 6) 7) The presence or absence of contamination on an object or in an empty packaging or conveyance\nmust be determined by direct measurement. Shipping documents from the most recent\nshipment are of limited usefulness to classify contamination in a packaging or conveyance that\nhas been used for multiple Class 7 shipments of materials that may have had different A2 values.\nRegulated radioactive contamination may be present on the internal surfaces of an empty\npackaging most recently used to ship exempt quantities of radionuclides. This could occur from\nearlier non-removable contamination (as in #06-0274). Regulated contamination may also be\npresent if any of the materials in previous shipments exceeded consignment exemption values\nbut were exempt from classification as radioactive material because they were below the\nthreshold for regulation based on average concentration.\nDetermining the non-fixed contamination alone, or in combination with a dose reading, is\ngenerally not sufficient to assure that an object or empty packaging is not contaminated in\naccordance with the definition in 173.403. Dose readings are only useful for determining\ncompliance if they can be shown to provide an effective representation of the total fixed and\nnon-fixed contamination correlating to the definition’s limits for the mixture of nuclides\ndetermined to be present in the contamination.\n238 Moon Clinton Rd | Suite 200 | Moon Township PA 15108 p 724.266.7580 www.iceservicegroup.com\nf 724.266.7583\n\n<<>>\n\n8) An empty packaging or conveyance previously used for Class 7 shipments must be shipped in\naccordance with 173.428 as an Empty Packaging unless it can be shown to be either 1) free of\ncontamination per the definition in 173.403; or 2) exempt from Class 7 regulation because it is\nshown to have contamination less than the conveyance activity limit determined by any of the\nmethods in 173.436.\nRespectfully submitted,\nKurt Colborn\nI.C.E. Service Group & SPS Strategic Packaging Systems\n238 Moon-Clinton Road, Suite 200\nMoon Twp., PA 15108\n724-544-5815\n238 Moon Clinton Rd | Suite 200 | Moon Township PA 15108 p 724.266.7580 www.iceservicegroup.com\nf 724.266.7583\n\n<<>>\n\nDirk Der Kinderen\nChief, Standards Development Branch\nU.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590 Via email: infocntr@dot.gov\nFebruary 23, 2021\nSUBJECT: Contamination Levels Exempt from Class 7 Requirements\nDear Mr. Der Kinderen,\nThe purpose of this letter is to request confirmation of our interpretation of the requirements of 49 CFR\n173.401(b)(5) and 173.403 definition of Contamination. In general, this letter seeks concurrence that\ncontamination determinations described herein are compliant with the HMR. Specifically, we seek\nconfirmation that a previously used packaging or conveyance that is not contaminated is not subject to\nany of the marking, labeling, or shipping documentation requirements of the HMR with regard to\nradioactive materials.\nDiscussion:\n173.401(b)(5) states that the requirements of Subpart I – Class 7 (Radioactive) Materials do not apply to\nNon-radioactive solid objects with radioactive substances present on any surfaces in quantities not\nexceeding the threshold limits set forth in the definition of contamination in § 173.403.\nThe 173.403 definition of Contamination states that Contamination means the presence of a radioactive\nsubstance on a surface in quantities in excess of 0.4 Bq/cm2 for beta and gamma emitters and low\ntoxicity alpha emitters or 0.04 Bq/cm2 for all other alpha emitters. There are two categories of\ncontamination:\n(1) Fixed contamination means contamination that cannot be removed from a surface during\nnormal conditions of transport.\n(2) Non-fixed contamination means contamination that can be removed from a surface during\nnormal conditions of transport.\nQuestions (Please confirm):\n1) An empty packaging or conveyance, with radioactive nuclides on its surface at levels less than\nthe levels established by the definition of contamination, is not subject to Class 7 controls.\n238 Moon Clinton Rd | Suite 200 | Moon Township PA 15108 p 724.266.7580 www.iceservicegroup.com\nf 724.266.7583\n\n<<>>\n\n2) The presence of contamination is correctly determined as an average activity over the surface of\nan object or the internal surfaces of an empty packaging (i.e. it is not a peak limit which renders\nthe packaging contaminated if exceeded at any single point).\nDiscussion:\nInterpretation #18-0014 indicates that radioactively contaminated items not exceeding the consignment\nexemption activity limits of 173.436 are not regulated as radioactive materials.\nQuestions (Please confirm):\n3) 4) Items that are radioactively contaminated in accordance with 173.403, but not exceeding the\nconsignment exemption limits of 173.436, are not subject to Class 7 controls; including empty\npackaging contaminated at these levels.\nUsing the 173.436 Table 8 general exemption limits for beta-gamma nuclides as an example, the\nconsignment exemption limit is exceeded when contamination is present at the limits of the\n173.403 definition over an area of just 2.5 m2. Hence, (in the absence of calculations specific to\nthe nuclide concentrations present in contamination) the limit on contamination established by\nthe definition is likely to be less restrictive than the consignment limit for objects or empty\npackagings of significant surface area (such as intermodal containers or gondola railcars).\nDiscussion:\nInterpretation #06-0274 held that a packaging previously used for Class 7 shipments, but more recently\nused for a shipment of materials exempt from Class 7 shipping requirements could, nonetheless, be a\ncontaminated empty packaging after use for an exempt shipment.\nQuestions (Please confirm):\n5) 6) 7) The presence or absence of contamination on an object or in an empty packaging or conveyance\nmust be determined by direct measurement. Shipping documents from the most recent\nshipment are of limited usefulness to classify contamination in a packaging or conveyance that\nhas been used for multiple Class 7 shipments of materials that may have had different A2 values.\nRegulated radioactive contamination may be present on the internal surfaces of an empty\npackaging most recently used to ship exempt quantities of radionuclides. This could occur from\nearlier non-removable contamination (as in #06-0274). Regulated contamination may also be\npresent if any of the materials in previous shipments exceeded consignment exemption values\nbut were exempt from classification as radioactive material because they were below the\nthreshold for regulation based on average concentration.\nDetermining the non-fixed contamination alone, or in combination with a dose reading, is\ngenerally not sufficient to assure that an object or empty packaging is not contaminated in\naccordance with the definition in 173.403. Dose readings are only useful for determining\ncompliance if they can be shown to provide an effective representation of the total fixed and\nnon-fixed contamination correlating to the definition’s limits for the mixture of nuclides\ndetermined to be present in the contamination.\n238 Moon Clinton Rd | Suite 200 | Moon Township PA 15108 p 724.266.7580 www.iceservicegroup.com\nf 724.266.7583\n\n<<>>\n\n8) An empty packaging or conveyance previously used for Class 7 shipments must be shipped in\naccordance with 173.428 as an Empty Packaging unless it can be shown to be either 1) free of\ncontamination per the definition in 173.403; or 2) exempt from Class 7 regulation because it is\nshown to have contamination less than the conveyance activity limit determined by any of the\nmethods in 173.436.\nRespectfully submitted,\nKurt Colborn\nI.C.E. Service Group & SPS Strategic Packaging Systems\n238 Moon-Clinton Road, Suite 200\nMoon Twp., PA 15108\n724-544-5815\n238 Moon Clinton Rd | Suite 200 | Moon Township PA 15108 p 724.266.7580 www.iceservicegroup.com\nf 724.266.7583","truncated":false,"body_characters":20287}