Environmental Management and Controls, Inc. — Hazardous Materials Safety Interpretation

Page 1- U.S. Department of Transportation 400 Seventh Street, SW Research and Washington, D.C. 20590 Special Programs Administration MAY 29 1998 Mr. Dan A. Tallman Manager Environmental Management and Controls, Inc. 3106 South Faith Home Road Turlock, California 95380 Dear Mr. Tallman: This is in response to your lefter of February 10, 1998, requesting clarification of the Precedence of Hazard requirements in § 173.2a of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your question is presented in the following scenario: A package contains a mixture of radioactive materials and flammable liquids. The mixture can be named either "Radioactive material, LSA II" or "Radioactive material, limited quantity" and thus be reclassed as a flammable liquid due to the hierarchy of the precedence table. Does the shipper have the choice to ship it as either of these classifications or is he bound by the HMR to use a specific classification? In a situation where a shipper has a mixture of radioactive materials and flammable liquids that meet the detinition of a limited quantity, the shipper has the choice to either classify the material as a limited quantity or to maintain the material's original classification. If the shipper chooses the proper shipping name "Radioactive material, limited quantity" as in the example above, and that material meets the definition of more than one hazard class or division, it shall be classed in accordance with § 173.423. I hope this answers your inquiry. If you need additional assistance, do not hesitate to contact Sincerely, • Office of Hazardous Materials Standards#

Page 2ENVIRONMENTAL MANAGEMENT AND CONTROLS, INC. 3106 SOUTH FAITH HOME ROAD TURLOCK, CALIFORNIA 95380 contracto PHONE (209) 667-1102 FAX (209) 667-1583 M e: 173.2 163 February 10, 1998 7l:,90, Edward T. Mazzullo Director, Office of Hazardous Material Standards USDOT/RSPA DM-10 400 7* Street SW Washington DC 20590-0001 Dear Mr. Mazzullo: I am requesting a written interpretation of the DOT regulations governing the classification of packages with multiple hazards. According to 49CFR173.2(a), a package containing both radioactive materials and flammable liquids (such as liquid scintillation cocktails, a majority of which can be classitied as either radioactive material, LSA II (173.403) or radioactive material, limited quantity (173.421))) would be classified IAW with the hierarchy contained within 173.2 (a). Number one in this hierarchy is radioactive material (except limited quantities) with flammable liquids appearing as number eight in the listing. In conversation with Todd at the DOT information center, it was stated that if the radioactive material would qualify as radioactive limited quantity, regardless of the fact it would also qualify as LSA, the regulations require that the flammable liquids classification take precedence. In order to document that the transportation of this type of material as Radioactive Material, LSA, nos, UN2912 (flammables technical names) is inconsistent with the regulations, I am requesting this interpretation in writing Thank you for your attention to this request. Sincerely, Of Layman Dan A. Tallman Manager, Environmental Management and Controls, Inc.#