Interpretation Response #02-0267 ([Duratek Federal Services, Inc] [James H. Portsmouth])

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

Interpretation Response Details

Response Publish Date: 04/16/2003

Company Name: Duratek Federal Services, Inc

Individual Name: James H. Portsmouth

Location State: WA Country: US

View the Interpretation Document

Response text:

Apr 16, 2003

Mr. James H. Portsmouth                    Reference No. 02-0267
Traffic Manager
Duratek Federal Services, Inc.
3000 George Washington way
Richland, Washington 99352-0700

Dear Mr. Portsmouth:

This is in response to your inquiry concerning the placement of the waste code number in the shipping description shown on a shipping paper and marking requirements for hazardous substances under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180).  Your questions are Paraphrased and answered as follows:

Q1: If a material described as Waste, Radioactive material, LSA, n.o.s., 7, UN2912, meets the reportable quantity (RQ) for lead (DO08), but does not meet or exceed the RQ for any radionuclide, is the waste code number required to be identified in parentheses on the shipping paper or package marking in accordance with §§ 172.203(c) and 172.324(a), respectively?

A1: Section 172.203(c) excepts Class 7 (Radioactive) materials that are described in accordance with § 172.203(d) from the additional shipping paper description requirements for hazardous substances.  Section 172.203(d) requires the name of each radionuclide to be shown on the shipping papers.  If your material is described in accordance with § 172.203(d), it is not required to be described in accordance with § 172.203(c). You are excepted from the package marking requirements for hazardous substances in § 172.324 only, if your radioactive material is labeled in accordance with § 172.403. Section 172.403(g) requires the name of the radionuclides be identified on the label.  If your material is not described under § 172.203(d), and the package is not labeled under § 172.403, the constituent must be identified as the hazardous substance on the shipping paper and package marking.  The letters “RQ” must be marked on a non-bulk package in association with the proper shipping name.

Q2: Specifically, you ask whether Waste Radioactive material, LSA, n.o.s, 7, UN2912, may be described in accordance with § I 72.203(d) and, therefore, be excepted from the requirements in § 172.203(c)(1)?

A2: The answer is yes.  See answer A1.

Q3: Is the intent to except radioactive materials from the HMR that qualify as a hazardous substance based on § 172.101, Appendix A, Table 1 (Hazardous Substances Other Than Radionuclides), in addition to hazardous substances that qualify based on Table 2 (Radionuclides)?

A3: See answer A1.

Q4: If the hazardous substance constituent is not required to be entered in parentheses in accordance with §§ 172.203(c)(1) and 172.324(a), is it permissible to include it as additional information in the shipping paper or package markings?

A4:Yes.

I hope this information is helpful.  Please contact us if you require additional assistance.

Sincerely,

Delmer F. Billings
Chief, Standards Development
Office of Hazardous Standards,

172.203

Regulation Sections