Interpretation Response #99-0189 ([PVVN Environmental] [Mr. Bradford A. Gagnon])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 08/20/1999

Company Name: PVVN Environmental

Individual Name: Mr. Bradford A. Gagnon

Location State: CA Country: US

View the Interpretation Document

Response text:

August 20, 1999

Mr. Bradford A. Gagnon                      Ref. No. 99-0189
Transportation Manager
PVVN Environmental
2462-C South Santa Fe
Vista, CA 92084

Dear Mr. Gagnon:

This responds to your letter, dated July 7, 1999, concerning requirements in the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) for shipping hazardous wastes and radioactive materials.  Your specific questions are paraphrased and answered below.

Q1:        According to § 177.843, it would appear that each motor vehicle used to transport Class 7 materials under exclusive use conditions must be surveyed.  Please clarify when surveys are required.

Al:        Section 177.843(a) requires each motor vehicle used to transport radioactive materials under exclusive use conditions in accordance with §§ 173.427(b) or 173.443 (c) to be surveyed with radiation detection instruments after each use.  Section 173.427 (b) sets forth transportation requirements applicable to shipments of low specific activity (LSA) radioactive materials and surface contaminated objects (SCO).  Section 173.443 (c) requires a motor vehicle transporting radioactive materials under exclusive use conditions to be surveyed after each use if it is operating under the provisions of paragraph (b) of § 173.443. Paragraph (b) permits non-fixed radioactive contamination on any package transported as an exclusive use shipment to exceed the limits prescribed in Table I I in paragraph (a) of § 173.443 up to 1 0 times the amounts listed.  Thus, motor vehicles used to transport LSA or SCO materials under exclusive use conditions must be surveyed after each use.  Similarly, motor vehicles used to transport packages of radioactive materials as exclusive use shipments where the non-fixed radioactive contamination on each package exceeds the Table 11 limits must be surveyed after each use.  An exclusive-use vehicle operating under the provisions of paragraph (a) of § 173.443 such that the non-fixed radioactive contamination on any package does not exceed the limits prescribed in Table I I need not be surveyed after each use. In addition, an exclusive use vehicle operating in accordance with paragraph (b) of § 177.843 need not be surveyed after each use.

Q2.        I have a non-bulk container classified as an F003 waste   because it contains acetone (RQ 5,000 pounds) at a concentration range of 10-30 percent.  Because the exact concentration is unknown, I would use the quantity listed for F003 (RQ 100 pounds) to determine if the material is a hazardous substance.  Is this correct?  If so, how would a drum of acetone at 30 percent be a hazardous substance when it needed to be 5,000 pounds to qualify?

A2:        You are correct that when the exact concentration of acetone in a hazardous waste mixture or solution is not known or is known only approximately or within a specified range, then the reportable quantity for the material is the 100 pound threshold established for F003 wastes rather than for acetone.  However, when the exact concentration of acetone in the mixture or solution is known, then the reportable quantity is the 5,000 pound threshold established for acetone.  In your example, the reportable quantity for a drum of 30 percent acetone and 70 percent water, properly described as waste acetone solution, is 5,000 pounds.

I hope this information is helpful.  If you have further questions, please do not hesitate to contact this office.

Sincerely,

Thomas G. Allan
Acting Director
Office of Hazardous Materials Standards

177.843

Regulation Sections