Interpretation Response #05-0145 ([MHF Logistical Solutions] [Mr. Kurt Colbom])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: MHF Logistical Solutions
Individual Name: Mr. Kurt Colbom
Location State: PA Country: US
View the Interpretation Document
Response text:
Jul 1, 2005
Mr. Kurt Colbom Reference No. 05-0145
Director, Technical Services
MHF Logistical Solutions
800 Cranberry Woods Drive
Suite 450
Cranberry Township, PA 16066
Dear Mr. Colborn,
This responds to your June 7, 2005, letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to radioactive materials. Specifically, you ask if waste material transported from a defunct tungsten processing facility satisfies the exception for natural material and ores in § 173.401. You slate that the material contains natural uranium and thorium, which represent the residual natural activity remaining after the tungsten extraction process. Based on your calculations, the maximum activity level of the material is less than or equal to 9 times the exemption limits in § 173.436. The material is being transported for disposal and will not be processed for use of the radionuclides.
Section 173.40 1(b)(4) provides an exception from Part 173, Subpart I for natural material and ores containing naturally occurring radionuclides if: (1) the material is not intended to be processed for use of these radionuclides; and (2) the activity concentration of the material does not exceed 10 times the exemption limits specified in § 173.436.
In order to determine whether the material to be shipped satisfies the conditions in § 173.40 l (b)(4) to be exempt from Class 7 transport requirements, one must compare
the actual activity concentration of the material (defined as the sum of the activity concentrations of the parents, i.e., of U238, Th²³² and Kº in your case) with 10 times
the calculated activity concentration limit for the mixture. The calculated activity concentration limit for the mixture, as described in 173.433(d)(6), requires that one form ratios by dividing the fractious of the actual U238 (for Unat), Th²³² (for Thnat), and Kº
concentrations by the individual exemption activity concentrations for Unat, Thnat, and
Kº listed in § 173.436. The sum of these ratios is to be used in the expression in § 173.433(d)(6) to determine the calculated activity concentration limit for the mixture.
If the activity concentration of the material is less than 10 times the calculated activity concentration limit for the mixture, then the material meets the exception in § 173.40
Note that, the exception in § 173.401(b)(4) provides relief from the requirements of Part
173, Subpart I for radioactive materials. However, your material may be regulated as a Class 9 (Miscellaneous hazardous material) if it meets the definition of a hazardous
substance, hazardous waste or marine pollutant in § 171.8.
I hope this information is helpful.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
173.401(b)(4)