Interpretation Response #98-0574 ([ADea Services, Inc.] [Mr. Leonard J. Warbiany])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: ADea Services, Inc.
Individual Name: Mr. Leonard J. Warbiany
Location State: IL Country: US
View the Interpretation Document
Response text:
MAY 6, 1998
Mr. Leonard J. Warbiany
ADea Services, Inc.
17650 Duvan Drive
Tinley Park, Illinois 60477
Dear Mr. Warbiany:
This is in response to your letter of March 20, 1998 requesting clarification relating to the classification radioactive waste shipments under the provisions of the Hazardous Materials Regulations (HMR; 49 CFRParts 171-180).
Your questions have been paraphrased and answered as follows:
Q 1. Must a waste that meets the requirements of a limited quantity of radioactive material be described as "Radioactive Material, LSA, n.o.s.," UN 2912 or as "Radioactive material, n.o.s.," UN 2982?
A1. A waste that meets the requirements of a limited quantity of radioactive material may be
shipped in full conformance with the HMR As such, the material may be described as "Radioactive Material, LSA, n.o.s.," UN 2912 or "Radioactive material, n.o.s.," UN 2982. When using either of these descriptions you may not take advantage of those exceptions in the limited quantity provision.
Q2. Does the definition of radioactive material apply to mixed wastes (i.e., radioactive and
flammable)?
A2. Yes. Radioactive material is any material having a specific activity greater than 70 Bq per gram (0.002 microcurie per gram) (see definition of "specific activity"). However, as provided in § 173.423, when a limited quantity radioactive material meets the definition of another hazard class or division, it must be classed for the additional hazard unless the other hazard is a small quantity (see § 173.4).
Q3. Are the steps outlined in the attachments correct?
A3. The HMR governs the transportation of hazardous materials in commerce. Under
§ 173.22, it is the shipper's responsibility to properly classify a hazardous material. Such determinations are not required to be verified by this Office. However, it is the opinion of this office that the classification procedure described in your letter appears to be satisfactory.
Q4. Does the definition of radioactive material apply to the weight of the package or just the
material inside of the package?
A4. The weight of the packaging may not be used to calculate the specific activity of the
radioactive material inside the packaging (refer to the definition of "specific activity" in. § 173.403).
Q5. Can the Nuclear Regulatory Commission Forms 540 and 541 be used as shipping papers?
A5. Under § 171.8 of the HMR, the "shipping paper" is the document that contains the
information required by §§ 172.202, 172.203, 172.204 and 172.604 (a)(3). Therefore, your NRC forms 540 and 541 may be considered a shipping paper if it contains the information required by Part 172 Subpart C of the HMR.
Sincerely,
Hattie L. Mitchell, Chief
Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.403
Regulation Sections
| Section | Subject |
|---|---|
| 173.403 | Definitions |