Interpretation Response #08-0144 ([Local Hazardous Waste Management Program in King County Public Health, Seattle & King County] [Mr. Garrett Turner])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Local Hazardous Waste Management Program in King County Public Health, Seattle & King County
Individual Name: Mr. Garrett Turner
Location State: WA Country: US
View the Interpretation Document
Response text:
September 10, 2008
Mr. Garrett Turner
Hazardous Waste Information Specialist
Local Hazardous Waste Management Program in King County
Public Health, Seattle & King County
401 Fifth Avenue, Suite 1100
Seattle, WA 98104-1818
Ref. No.: 08-0144
Dear Mr. Turner:
This is in response to your May 22, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) regarding the applicability of the HMR to a household smoke detector. Specifically, you ask whether a household smoke detector, containing Americium 241, can be shipped as a non hazardous material if it meets the provisions of § 173.424(d). You state that the household smoke detector produces less than 0.1 mSv/hour (10 mrem/hour) from any point of its external surface.
The answer is no. A household smoke detector as described above would be regulated as Class 7 (radioactive) material. Section 173.424(d) states, in part, that a radioactive instrument or article and its packaging is excepted from the specification packaging, shipping paper and certification, marking and labeling (except for the UN identification number marking requirement described in § 173.422(a)) requirements if:
The radiation level at 10 cm (4 in) from any point on the external surface of any unpackaged instrument or article does not exceed 0.1 mSv/hour (10mrem/hour).
In accordance with § 173.424(i) the package must be otherwise prepared for shipment as specified in § 173.422 and must comply with all the provisions of § 173.424 when transported in commerce.
However, if your smoke detector containing Americium 241 does not meet the definition of a radioactive material and does not meet the definition of any other hazard class as defined in the HMR it would be considered non-hazardous.
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Charles E. Betts
Senior Transportation Regulations Specialist
Office Hazardous Materials Standards
173.424, 173.42