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Interpretation Response #09-0206 ([State of Utah Department of Environmental Quality] [Mr. Dane Finerfrock])

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

Interpretation Response Details

Response Publish Date:

Company Name: State of Utah Department of Environmental Quality

Individual Name: Mr. Dane Finerfrock

Location State: UT Country: US

View the Interpretation Document

Response text:

March 26, 2010

 

 

 

Mr. Dane Finerfrock

Director

State of Utah

Department of Environmental Quality

168 North 1950 West

Salt Lake City, Utah 84114-4850

Ref. No.: 09-0206

Dear Mr. Finerfrock:

This responds to your letter dated August 31, 2009, regarding the requirements for radioactive contamination control in §173.443(c) and (d) under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180), as they apply to the definition of "exclusive use" found in §173.403.

According to the information you provided, Energy Solutions, Inc., operates a low-level radioactive waste (LLRW) disposal facility at Clive, Utah, and has a radioactive materials license issued by the State of Utah. You indicate that Energy Solutions, Inc., receives LLRW from many States. You state that in most instances, Utah Radiation Control Rules mirror regulations of the Nuclear Regulatory Commission and in cases involving transportation, you have adopted by reference, the HMR. Your questions are paraphrased and answered as follows:

Q1. Are the provisions of § 173.443(d) of the HMR applicable to a lidded railcar (a closed transport vehicle) that does not transport a Class 7 (radioactive) material?

A1. The answer is no. The provisions of § 173.443(d) of the HMR are applicable when the railcar is

"used solely for" the transportation of Class 7 (radioactive) material packages. The phrase "used solely for" the transportation of radioactive material packages does not mean such packages always must be present on the railcar.

Q2. Are the provisions of § 173.443(d) of the HMR applicable to an empty railcar when a company designates the railcars as "sole use" to return them to the generator, either anticipating reuse for Class 7 (radioactive) or non-Class 7 (radioactive) material?

A2. The provisions of § 173.443(d) of the HMR are applicable as long as the railcar is to be "used solely for" the transportation of Class 7 (radioactive) material packages, even if occasionally no packages are on the conveyance. However, if it is known that the railcar will no longer be "used solely for" the transportation of Class 7 (radioactive) material packages, then the provisions of § 173.443(d) are not applicable.

Q3. Can a railcar be designated as "sole use" during initial transport to a LLRW generator?

A3. The provisions of § 173.443(d) of the HMR including the "For Radioactive Material Use Only" marking are applicable as long as the railcar is to be "used solely for" the transportation of Class 7 (radioactive) material packages, even during initial transport to a LLRW generator.

Q4. If the railcar is marked in accordance with § 173.443(d)(2), where, when, and by whom can and/or must the marking be removed?

A4. When the railcar is no longer "used solely for" the transportation of Class 7 (radioactive) material packages or does not meet the requirements of § 173.443(d), the marking must either be removed or covered prior to being offered for transportation. Removing or covering the marking is the responsibility of the offeror. Class 7 (radioactive) material packages must be in conformance with all other applicable requirements of the HMR.

Q5. Should the dose rate conversion for the survey required by §173.443(c) take into account the contribution from any beta component?

A5. The answer is yes. The contribution from all types of ionizing radiation must be

included in the radiation dose rate determination.

Q6. Should the appropriate detection instrument selection be based on gamma emitters (deep dose) and the beta emitters (shallow dose) or the gamma emitters only?

A6. See the answer to Question 5 above. Appropriate instrumentation must be selected so as to include the contribution for both gamma and beta radiation.



I hope this satisfies your inquiry. If we can be of further assistance, please contact us.

Sincerely,

Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

173.443, 173.403

Regulation Sections

Section Subject
173.403 Definitions
173.443 Contamination control