Current through Register Vol. 48, No. 38, September 20, 2024
a) Each licensee who transports or offers for
transportation low-level radioactive waste intended for ultimate disposal at a
licensed low-level radioactive waste disposal facility shall prepare a manifest
reflecting information requested on the applicable NRC Forms 540 (Uniform
Low-Level Radioactive Waste Manifest-Shipping Paper) and 541 (Uniform Low-Level
Radioactive Waste Manifest-Container and Waste Description) and, if necessary,
on an applicable NRC Form 542 (Uniform Low-Level Radioactive Waste
Manifest-Manifest Index and Regional Compact Tabulation).
AGENCY NOTE: For guidance in completing these forms, refer
to the instructions that accompany the forms. NRC Forms 540, 540A, 541, 541A,
542, and 542A and the accompanying written instructions may be obtained from
the Office of the Chief Information Officer, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, telephone (301) 415-5877, or
http://www.nrc.gov.
b) NRC Forms 540 and 540A shall be completed
and shall physically accompany each low-level radioactive waste shipment. Each
licensee shipping low-level radioactive waste shall transfer manifest
information to the consignee.
c)
Upon agreement between the shipper and the consignee, NRC Forms 541, 541A, 542,
or 542A may be completed, transmitted, and stored in electronic media with the
capability of producing legible, accurate, and complete records on the
respective forms. Copies of manifests required by this Section may be legible
carbon copies, photocopies, or computer printouts that reproduce the data in
the format of the uniform manifest.
d) Licensees are exempt from the manifesting
requirements of this Section when shipping:
1) Low-level radioactive waste for processing
and when they expect its return (i.e., for storage under their license) prior
to disposal at a licensed disposal facility;
2) Low-level radioactive waste that is being
returned to the licensee who is the waste generator; or
3) Radioactively contaminated material to a
waste processor that becomes the processor's residual
waste.
e) Each licensee
shipping low-level radioactive waste shall also comply with the reporting
requirements specified in 32 Ill. Adm. Code 609.
f) Each shipper of radioactive waste shall
provide the following information regarding the waste shipment on the uniform
manifest:
1) The name, facility address, and
telephone number of the licensee shipping the waste;
2) An explicit declaration indicating whether
the shipper is acting as a waste generator, collector or processor, or a
combination of these identifiers, for purposes of the manifested
shipment;
3) The name, address, and
telephone number, or the name and USEPA identification number, for the carrier
transporting the waste;
4) The date
of the waste shipment;
5) The total
number of packages/disposal containers;
6) The total disposal volume and disposal
weight in the shipment;
7) The
total radionuclide activity in the shipment;
8) The activity of each of the radionuclides
H-3, C-14, Tc-99 and I-129 contained in the shipment; and
9) The total masses of U-233, U-235, and
plutonium in special nuclear material, and the total mass of uranium and
thorium in source material.
AGENCY NOTE: The reporting requirements of the uniform
manifest meet the reporting requirements of USDOT for the shipments of waste.
Therefore, no additional USDOT forms are required for shipments of low-level
radioactive waste. However, the uniform manifest does not meet the reporting
requirements of USEPA for the shipment of hazardous, medical, or other waste.
Any additional USEPA requirements shall be met by using an additional USEPA
manifest. In addition, the uniform manifest reporting requirements do not meet
the tracking requirements of 32 Ill. Adm. Code 609.
g) For waste shipments in disposal
containers, each shipper shall provide the following information on the uniform
manifest regarding the waste and each disposal container of waste in the
shipment:
1) An alphabetic or numeric
identification that identifies each disposal container in the
shipment;
2) A physical description
of the disposal container, including the manufacturer and model of any high
integrity container;
3) The volume
displaced by the disposal container;
4) The gross weight of the disposal
container, including the waste;
5)
For waste consigned to a disposal facility, the maximum radiation level at the
surface of each disposal container;
6) A physical and chemical description of the
waste;
7) The total weight
percentage of chelating agent for any waste containing more than 0.1 percent
chelating agent by weight, plus the identity of the principal chelating
agent;
8) The approximate volume of
waste within a container;
9) The
sorbing or solidification media, if any, and the identity of the manufacturer
of the solidification media and brand name;
10) The identities and activities of
individual radionuclides contained in each container, the masses of U-233,
U-235, and plutonium in special nuclear material, and the masses of uranium and
thorium in source material. For discrete waste types (i.e., activated
materials, contaminated equipment, mechanical filters, sealed sources/devices,
and wastes in solidification/stabilization media), the identities and
activities of individual radionuclides associated with or contained in these
waste types within a disposal container shall be reported;
11) The total radioactivity within each
container; and
12) For wastes
consigned to a disposal facility, the classification of the waste shall be
identified on the manifest pursuant to Section
340.1052. Waste not meeting the
structural stability requirements of Section
340.1055(b)
shall also be identified on the manifest.
h) For waste shipments delivered without a
disposal container, the shipper of the radioactive waste shall provide the
following information on the uniform manifest:
1) The approximate volume and weight of the
waste;
2) A physical and chemical
description of the waste;
3) The
total weight percentage of chelating agent for any waste containing more than
0.1 percent chelating agent by weight, plus the identity of the principal
chelating agent;
4) For wastes
consigned to a disposal facility, the classification of the waste shall be
identified on the manifest pursuant to Section 340.1052. Waste not meeting the
structural stability requirements of Section
340.1055(b)
shall also be identified on the manifest;
5) The identities and activities of
individual radionuclides contained in the waste, the masses of U-233, U-235,
and plutonium in special nuclear material, and the masses of uranium and
thorium in source material; and
6)
For waste consigned to a disposal facility, the maximum radiation levels at the
surface of the waste.
i)
For waste comprised of mixtures of waste originating from different waste
generators, the shipper shall provide the following information on the uniform
manifest:
1) For homogeneous mixtures of
waste, such as incinerator ash, provide the waste description applicable to the
mixture and the volume of the waste attributed to each waste
generator.
2) For heterogeneous
mixtures of waste, such as the combined products from a large compactor,
identify each generator contributing waste to the disposal container, and for
discrete waste types (i.e., activated materials, contaminated equipment,
mechanical filters, sealed source/devices and wastes in
solidification/stabilization media), the identities and activities of
individual radionuclides contained on these waste types within the disposal
container. For each waste generator, provide the following:
A) The volume of waste;
B) A physical and chemical description of the
waste, including the solidification agent, if any;
C) The total weight percentage of chelating
agents for any waste containing more than 0.1 percent chelating agent by
weight, plus the identity of the principal chelating agent;
D) The sorbing or solidification media, if
any, and the identity of the solidification media vendor and brand name if the
media is claimed to meet stability requirements in Section
340.1055(b);
and
E) Radionuclide identities and
activities contained in the waste, the masses of U-233, U-235, and plutonium in
special nuclear material, and the masses of uranium and thorium in source
material if contained in the waste.
j) An authorized representative of the
licensee shall certify, by signing and dating the shipment manifest, that the
transported materials are properly classified, described, packaged, marked, and
labeled and are in proper condition for transportation according to the
requirements of USDOT regulations and this Part. A collector, in signing the
certification, is certifying that nothing has been done to the collected waste
that would invalidate the waste generator's certification.
k) Any licensee who transfers radioactive
waste to a land disposal facility or a licensed waste collector shall comply
with the requirements in subsections (k)(1) through (9). Any licensee who
transfers waste to a licensed waste processor for waste treatment or
repackaging shall comply with the requirements of subsections (k)(4) through
(9). The licensee shall:
1) Prepare all wastes
so that the waste is classified according to Section
340.1052 and meets the waste
characteristics requirements in Section 340.1055;
2) Label each disposal container (or
transport package if potential radiation hazards preclude labeling of the
individual disposal container) of waste to identify whether it is Class A
waste, Class B waste, Class C waste, or greater than Class C waste, in
accordance with Section 340.1052;
3) Conduct a quality assurance program to
assure compliance with Sections
340.1052 and
340.1055 (the program shall
include management evaluation of audits);
4) Prepare the appropriate NRC Uniform
Low-Level Radioactive Waste Manifest form as required by this Part;
5) Forward a copy or electronically transfer
the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so
that receipt of the manifest precedes the low-level radioactive waste shipment,
or the manifest is delivered to the consignee with the waste at the time the
waste is transferred to the consignee. Using either or both of these methods is
acceptable;
6) Include NRC Form 540
(and NRC Form 540A, if required) with the shipment regardless of the option
chosen in subsection (k)(5);
7)
Receive acknowledgement of the receipt of the shipment in the form of a signed
copy of NRC Form 540;
8) Retain a
copy of or electronically store the Uniform Low-Level Radioactive Waste
Manifest and documentation of acknowledgement of receipt as the record of
transfer of licensed material as required by the Agency; and
9) For any shipments or any part of a
shipment for which acknowledgement of receipt has not been received within the
times set forth in this Part, conduct an investigation in accordance with
Section 340.1270.
l) Any waste collector licensee who handles
only prepackaged waste shall comply with subsections (l)(1) and (2) and (l)(7)
through (12). Any licensed waste processor who treats or repackages waste shall
comply with subsections (l)(1) and (l)(3) through (12).
1) Acknowledge receipt of the waste from the
shipper within one week after receipt by returning a signed copy of NRC Form
540 to the shipper;
2) Prepare a
new manifest to reflect consolidated shipments that meet the requirements of
this Part. The waste collector shall ensure that, for each container of waste
in the shipment, the manifest identifies the generator of that container of
waste;
3) Prepare a new manifest
that meets the requirements of this Part. Preparation of the new manifest
reflects that the processor is responsible for meeting these requirements. For
each container of waste in the shipment, the manifest shall identify the waste
generators, the preprocessed waste volume, and the other information required
in subsection (i);
4) Prepare all
wastes so that the waste is classified according to Section
340.1052 and meets the waste
characteristics requirements in Section 340.1055;
5) Label each package of waste to identify
whether it is Class A waste, Class B waste, or Class C waste, in accordance
with Sections 340.1052 and 340.1055;
6) Conduct a quality assurance program to
assure compliance with Sections
340.1052 and
340.1055 (the program shall
include management evaluation of audits);
7) Forward a copy or electronically transfer
the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so
that receipt of the manifest precedes the low-level radioactive waste shipment,
or the manifest is delivered to the consignee with the waste at the time the
waste is transferred to the consignee. Using either or both of these methods is
acceptable;
8) Include NRC Form 540
(and NRC Form 540A, if required) with the shipment regardless of the option
chosen in subsection (l)(7);
9)
Receive acknowledgement of the receipt of the shipment in the form of a signed
copy of NRC Form 540;
10) Retain a
copy of or electronically store the Uniform Low-Level Radioactive Waste
Manifest and documentation of acknowledgement of receipt as the record of
transfer of licensed material as required by the Agency;
11) For any shipments or any part of a
shipment for which acknowledgement of receipt has not been received within the
times set forth in this Part, conduct an investigation in accordance with
Section 340.1270; and
12) Notify
the shipper and the Agency when any shipment or part of a shipment has not
arrived within 60 days after receipt of an advance manifest, unless notified by
the shipper that the shipment has been cancelled.
m) Any licensed land disposal facility
operator shall:
1) Acknowledge receipt of
low-level radioactive waste within 1 week after receipt by returning, at a
minimum, a signed copy of NRC Form 540 to the shipper. The shipper to be
notified is the licensee who last possessed the waste and transferred the waste
to the operator. If any discrepancy exists between materials listed on the
Uniform Low-Level Radioactive Waste Manifest and materials received, copies or
electronic transfer of the affected forms shall be returned indicating the
discrepancy;
2) Maintain copies of
all completed manifests until the Agency terminates the license; and
3) Notify the shipper and the Agency when any
shipment or part of a shipment has not arrived within 60 days after receipt of
an advance manifest, unless notified by the shipper that the shipment has been
cancelled.
