{"operation":"document","citation":"99-0189","title":"PVVN Environmental — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1999-08-20","effective_on":null,"summary":"99-0189 response to PVVN Environmental concerning 177.843.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0189.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0189.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0189","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990189.pdf","body":"<<<PAGE 1>>>\n\nJS. Department\n400 Seventh Street, S.W.\nof Transportatior\nWashington, D.G.\n20590\nResearch and\npecial Program\ndministratior\nAUG 2 O 1999\nMr. Bradford A. Gagnon\nRef. No. 99-0189\nTransportation Manager\nPWN Environmental\n2462-C South Santa Fe\nVista, CA 92084\nDear Mr. Gagnon:\nThis responds to your letter, dated July 7, 1999, concerning requirements in the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) for shipping hazardous wastes and\nradioactive materials. Your specific questions are paraphrased and answered below.\nQ1: According to § 177.843, it would appear that each motor vehicle used to transport Class 7\nmaterials under exclusive use conditions must be surveyed. Please clarify when surveys\nare required.\nA1: Section 177.843(a) requires each motor vehicle used to transport radioactive materials\nunder exclusive use conditions in accordance with §§ 173.427(b) or 173.443(c) to be\nsurveyed with radiation detection instruments after each use. Section 173.427(b) sets\nforth transportation requirements applicable to shipments of low specific activity (LSA)\nradioactive materials and surface contaminated objects (SCO). Section 173.443(c)\nrequires a motor vehicle transporting radioactive materials under exclusive use conditions\nto be surveyed after each use if it is operating under the provisions of paragraph (b) of\n§ 173.443. Paragraph (b) permits non-fixed radioactive contamination on any package\ntransported as an exclusive use shipment to exceed the limits prescribed in Table 11 in\nparagraph (a) of § 173.443 up to 10 times the amounts listed. Thus, motor vehicles used\nto transport LSA or SCO materials under exclusive use conditions must be surveyed after\neach use. Similarly, motor vehicles used to transport packages of radioactive materials\nas exclusive use shipments where the non-fixed radioactive contamination on each\npackage exceeds the Table 11 limits must be surveyed after each use. An exclusive-use\nvehicle operating under the provisions of paragraph (a) of § 173.443 such that the non-\nfixed radioactive contamination on any package does not exceed the limits prescribed in\nTable 11 need not be surveyed after each use. In addition, an exclusive use vehicle\noperating in accordance with paragraph (b) of § 177.843 need not be surveyed after each\nuse.\n177,843\n990189\n\n<<<PAGE 2>>>\n\n02.\nI have a non-bulk container classified as an F003 waste because it contains acetone (RQ\nis unknown, I would use the quantity listed for F003 (RQ 100 pounds) to determine if the\n5,000 pounds) at a concentration range of 10-30 percent. Because the exact concentration\nmaterial is a hazardous substance. Is this correct? If so, how would a drum of acetone at\n30 percent be a hazardous substance when it needed to be 5,000 pounds to qualify?\nA2:\nYou are correct that when the exact concentration of acetone in a hazardous waste\nmixture or solution is not known or is known only approximately or within a specified\nrange, then the reportable quantity for the material is the 100 pound threshold established\nfor F003 wastes rather than for acetone. However, when the exact concentration of\nacetone in the mixture or solution is known, then the reportable quantity is the 5,000\npound threshold established for acetone. In your example, the reportable quantity for a\ndrum of 30 percent acetone and 70 percent water, properly described as waste acetone\nsolution, is 5,000 pounds.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\nThe\nomis\nA. Allan\nThomas G. Allan\nActing Director\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nJUL-07-1999\n02:24\nPWN\nENUIRONMENTAL\n760\n:727 5809\nP.82\nGorsky\nPWN\n$177.843\nEnvironmental\nA Division of ADCO Services, Inc.\n99-0189\nJuly 7, 1999\nMr. Thomas G. Allan\nHazardous Materials Information Center\nActing Director of Hazardous Materials Standards\nResearch and Special Programs Administration\nFAX (202) 366-3753\nDear Mr. Allan:\nThank you for your prompt response (Ref. No. 99-0145) to my letters of June 3, 1999.\nWith regard to my question concerning the surveying of vehicles transporting Class 7 Material as\nan exclusive use shipment on the highway:\nA colleague contacted RSPA and was referred to §177.843 Contamination of vehicles. It would\nappear that each motor vehicle used for transparting Class 7 materials under exclusive use\nconditions...must be surveyed (as T read it). This seems to be in contrast to your response.\nWould you ploase clarify if or when surveys are required?\nIn your response (Q8) you make reference to §173.433(c), has this something to do with it? I\nonly now realized that I referenced $173.433(c) in error, it should have been §173.443(c).\nWith regard to my question concerning reportable quantities:\nExample:\nI have a non-bulk container classified as an F003 waste due to the constituent\nacetone (RQ 5000 pounds) at a concentration range of 10-30%. If 1 understand\nyour response correctly, it is as if the concentration is unknown and therefore I\nwould use the quantity listed for F003 in general (RQ 100 pounds) rather than\nusing the 30% as worst case scenario to calculate.\nIs this correct? If so, how would a drum of acetone at 30% (water 70%) be a hazardous substance\nwhen it needed to be 5000 pounds to begin with to qualify?\nThank you in advance for your help.\nFilt,\n2462-C South Santa Fe • Vista, Callfornia 92084-8002 • (760) 727-6120 • 1-800-541-4115 • Fax (760) 727-5809\nE-Mall: PWN@pwnenvlronmental.com\nR Deintai an Darunlad Dana-","truncated":false,"body_characters":5518}