Current through Register Vol. 24-18, September 15, 2024
The requirements of this section are designed to control
transfers of radioactive waste by any waste generator, waste collector, or
waste processor licensee who ships radioactive waste either directly, or
indirectly through a waste collector or waste processor, to a licensed
low-level waste land disposal facility; establish a manifest tracking system;
and supplement existing requirements concerning transfers and recordkeeping for
those wastes.
(1) Effective March 1,
1998, each shipment of radioactive waste intended for disposal at a licensed
land disposal facility in the state of Washington must be accompanied by a
uniform low-level radioactive waste shipment manifest.
(2) Any licensee shipping radioactive waste
intended for ultimate disposal at a licensed land disposal facility must
document the information required on NRC's Uniform Low-Level Radioactive Waste
Manifest and transfer this recorded manifest information to the intended
consignee in accordance with this section.
(a) Each shipment manifest must include a
certification by the waste generator as specified in this section.
(b) Each person involved in the transfer for
disposal and disposal of waste, including the waste generator, waste collector,
waste processor, and disposal facility operator, shall comply with the
requirements specified in this section.
(c) Any licensee shipping by-product material
as defined in subsection (2)(c) and (d) of this section intended for ultimate
disposal at a land disposal facility licensed under chapter 246-250 WAC must
document the information required on NRC's Uniform Low-Level Radioactive Waste
Manifest and transfer this recorded manifest information to the intended
consignee in accordance with this section.
(d) When recording information on shipment
manifests, information must be recorded in the International System of Units
(SI) or in SI and units of curie, rad, rem, including multiples and
subdivisions.
(3) A
waste generator, collector, or processor who transports, or offers for
transportation, radioactive waste intended for ultimate disposal at a licensed
low-level radioactive waste land disposal facility must prepare a manifest
reflecting information requested on 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)). NRC Forms 540 and
540A must be completed and must physically accompany the pertinent low-level
waste shipment. Upon agreement between shipper and consignee, NRC Forms 541 and
541A and 542 and 542A may be completed, transmitted, and stored in electronic
media with the capability for producing legible, accurate, and complete records
on the respective forms. Licensees are not required by the department to comply
with the manifesting requirements of this section when they ship:
(a) Radioactive waste for processing and
expect its return (i.e., for storage under their license) prior to disposal at
a licensed land disposal facility;
(b) Radioactive waste that is being returned
to the licensee who is the "waste generator" or "generator," as defined in this
part; or
(c) Radioactively
contaminated material to a "waste processor" that becomes the processor's
"residual waste."
For guidance in completing these forms, refer to the
instructions that accompany the 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.
This section includes information requirements of the U.S.
Department of Transportation, as codified in 49 C.F.R. Part 172 . Information on
hazardous, medical, or other waste, required to meet Environmental Protection
Agency regulations, as codified in 40 C.F.R. Parts 259, 261 or elsewhere, is
not addressed in this section, and must be provided on the required EPA forms.
However, the required EPA forms must accompany the Uniform Low-Level
Radioactive Waste Manifest required by this section.
(4) Information requirements.
(a) General information.
The shipper of the radioactive waste, shall provide the
following information on the uniform manifest:
(i) The name, facility address, and telephone
number of the licensee shipping the waste;
(ii) An explicit declaration indicating
whether the shipper is acting as a waste generator, collector, processor, or a
combination of these identifiers for purposes of the manifested shipment;
and
(iii) The name, address, and
telephone number, or the name and EPA identification number for the carrier
transporting the waste.
(b) Shipment information.
The shipper of the radioactive waste shall provide the
following information regarding the waste shipment on the uniform
manifest:
(i) The date of the waste
shipment;
(ii) The total number of
packages/disposal containers;
(iii)
The total disposal volume and disposal weight in the shipment;
(iv) The total radionuclide activity in the
shipment;
(v) The activity of each
of the radionuclides H-3, C-14, Tc-99, and I-129 contained in the shipment;
and
(vi) 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.
(c) Disposal container and waste information.
The shipper of the radioactive waste shall provide the
following information on the uniform manifest regarding the waste and each
disposal container of waste in the shipment:
(i) An alphabetic or numeric identification
that uniquely identifies each disposal container in the shipment;
(ii) A physical description of the disposal
container, including the manufacturer and model of any high integrity
container;
(iii) The volume
displaced by the disposal container;
(iv) The gross weight of the disposal
container, including the waste;
(v)
For waste consigned to a disposal facility, the maximum radiation level at the
surface of each disposal container;
(vi) A physical and chemical description of
the waste;
(vii) The total weight
percentage of chelating agent for any waste containing more than 0.1% chelating
agent by weight, plus the identity of the principal chelating agent;
(viii) The approximate volume of waste within
a container;
(ix) The sorbing,
stabilization, or solidification media, if any, and the identity of the
solidification or stabilization media vendor and brand name;
(x) 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 source/devices,
and wastes in solidification/stabilization media), the identities and
activities of individual radionuclides associated with or contained on these
waste types within a disposal container shall be reported;
(xi) The total radioactivity within each
container; and
(xii) For wastes
consigned to a disposal facility, the classification of the waste under this
chapter. The shipper must identify the waste if it does not meet the structural
stability requirements in this chapter.
(d) Uncontainerized waste information.
The shipper of the radioactive waste shall provide the
following information on the uniform manifest regarding a waste shipment
delivered without a disposal container:
(i) The approximate volume and weight of the
waste;
(ii) A physical and chemical
description of the waste;
(iii) If
the chelating agent exceeds 0.1% by weight, the total weight percentage of
chelating agent plus the identity of the principal chelating agent;
(iv) For waste consigned to a disposal
facility, the classification of the waste under this chapter. The shipper must
identify the waste if it does not meet the structural stability requirements in
this chapter;
(v) 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
(vi) For wastes consigned to a disposal
facility, the maximum radiation levels at the surface of the waste.
(e) Multigenerator disposal
container information.
This subsection applies to disposal containers enclosing
mixtures of waste originating from different generators. (Note: The origin of
the radioactive waste resulting from a processor's activities may be
attributable to one or more "generators," including "waste generators." It also
applies to mixtures of wastes shipped in an uncontainerized form, for which
portions of the mixture within the shipment originate from different
generators.)
(i) For homogeneous
mixtures of waste, such as incinerator ash, provide waste description
applicable to the mixture and the volume of the waste attributed to each
generator.
(ii) 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 generator, provide the following:
(A) The volume of waste within the disposal
container;
(B) A physical and
chemical description of the waste, including the stabilization or
solidification agent, if any;
(C)
The total weight percentage of chelating agents for any disposal container
containing more than 0.1% chelating agent by weight, plus the identity of the
principal chelating agent;
(D) The
sorbing, solidification, or stabilization media, if any, and the identity of
the stabilization media vendor and brand name, if the media is claimed to meet
stability requirements in WAC
246-249-050(2);
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.
(5) Certification.
An authorized representative of the waste generator,
processor, or collector 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 applicable regulations of the Department of Transportation,
the U.S. Nuclear Regulatory Commission, and the department. A collector in
signing the certification is certifying that nothing has been done to the
collected waste which would invalidate the waste generator's
certification.
(6) Control
and tracking.
(a) Any licensee who transfers
radioactive waste to a land disposal facility or a licensed waste collector
shall comply with the requirements in (a)(i) through (ix) of this subsection.
Any licensee who transfers waste to a licensed waste processor for waste
treatment or repackaging shall comply with the requirements of (a)(iv) through
(ix) of this section. A licensee shall:
(i)
Prepare all wastes so that the waste is classified according to WAC
246-249-040 and meets the waste
characteristics requirements in WAC
246-249-050;
(ii) 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 WAC
246-249-040;
(iii) Conduct a quality assurance program to
assure compliance with WAC
246-249-040 and
246-249-050 (the program must
include management evaluation of audits);
(iv) Prepare the NRC Uniform Low-Level
Radioactive Waste Manifest as required by this section;
(v) Forward a copy or electronically transfer
the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so
that either receipt of the manifest precedes the waste shipment or the manifest
is delivered to the consignee with the waste at the time the waste is
transferred to the consignee. Using both methods is also acceptable;
(vi) Include NRC Form 540 (and NRC Form 540A,
if required) with the shipment regardless of the option chosen in (a)(v) of
this subsection;
(vii) Receive
acknowledgment of the receipt of the shipment in the form of a signed copy of
NRC Form 540;
(viii) Retain a copy
of, or electronically store the Uniform Low-Level Radioactive Waste Manifest
and documentation of acknowledgment of receipt as the record of transfer of
licensed material as required by these regulations; and
(ix) For any shipments or any part of a
shipment for which acknowledgment of receipt has not been received within the
times set forth in this section, conduct an investigation in accordance with
(e) of this subsection.
(b) Any waste collector licensee who handles
only prepackaged waste shall:
(i) Acknowledge
receipt of the waste from the shipper within one week of receipt by returning a
signed copy of NRC Form 540;
(ii)
Prepare a new manifest to reflect consolidated shipments that meet the
requirements of this section. The waste collector shall ensure that, for each
container of waste in the shipment, the manifest identifies the generator of
that container of waste;
(iii)
Forward a copy or electronically transfer the Uniform Low-Level Radioactive
Waste Manifest to the intended consignee so that either receipt of the manifest
precedes the waste shipment, or the manifest is delivered to the consignee with
the waste at the time the waste is transferred to the consignee. Using both
methods is also acceptable;
(iv)
Include NRC Form 540 (and NRC Form 540A, if required) with the shipment
regardless of the option chosen in (b)(iii) of this subsection;
(v) Receive acknowledgment of the receipt of
the shipment in the form of a signed copy of NRC Form 540;
(vi) Retain a copy of or electronically store
the Uniform Low-Level Radioactive Waste Manifest and documentation of
acknowledgment of receipt as the record of transfer of licensed material as
required by these regulations;
(vii) For any shipments or any part of a
shipment for which acknowledgment of receipt has not been received within the
times set forth in this section, conduct an investigation in accordance with
this section; and
(viii) Notify the
shipper and the department when any shipment, or part of a shipment, has not
arrived within sixty days after receipt of an advance manifest, unless notified
by the shipper that the shipment has been canceled.
(c) Any licensed waste processor who treats
or repackages waste shall:
(i) Acknowledge
receipt of the waste from the shipper within one week of receipt by returning a
signed copy of NRC Form 540;
(ii)
Prepare a new manifest that meets the requirements of this section. 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 as required in subsection (4)(e) of this section;
(iii) Prepare all wastes so that the waste is
classified according to WAC
246-249-040 and meets the waste
characteristics requirements in WAC
246-249-050;
(iv) Label each package of waste to identify
whether it is Class A waste, Class B waste, or Class C waste, in accordance
with WAC 246-249-040 and
246-249-060;
(v) Conduct a quality assurance program to
assure compliance with WAC
246-249-040 and
246-249-050 (the program shall
include management evaluation of audits);
(vi) Forward a copy or electronically
transfer the Uniform Low-Level Radioactive Waste Manifest to the intended
consignee so that either receipt of the manifest precedes the waste shipment,
or the manifest is delivered to the consignee with the waste at the time the
waste is transferred to the consignee. Using both methods is also
acceptable;
(vii) Include NRC Form
540 (and NRC Form 540A, if required) with the shipment regardless of the option
chosen in (c)(vi) of this subsection;
(viii) Receive acknowledgment of the receipt
of the shipment in the form of a signed copy of NRC Form 540;
(ix) Retain a copy of or electronically store
the Uniform Low-Level Radioactive Waste Manifest and documentation of
acknowledgment of receipt as the record of transfer of licensed material as
required by these regulations;
(x)
For any shipment or any part of a shipment for which acknowledgment of receipt
has not been received within the times set forth in this section, conduct an
investigation in accordance with (e) of this subsection; and
(xi) Notify the shipper and the department
when any shipment, or part of a shipment, has not arrived within sixty days
after receipt of an advance manifest, unless notified by the shipper that the
shipment has been canceled.
(d) The land disposal facility operator
shall:
(i) Acknowledge receipt of the waste
within one week of receipt by returning, as 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 must be returned indicating the
discrepancy;
(ii) Maintain copies
of all completed manifests and electronically store the information required by
WAC 246-250-600(8) until the license is terminated; and
(iii) Notify the shipper and the department
when any shipment, or part of a shipment, has not arrived within sixty days
after receipt of an advance manifest, unless notified by the shipper that the
shipment has been canceled.
(e) If the shipper does not receive
acknowledgment from the land disposal facility operator for any shipment or
part of a shipment within the times set in this section, the shipper must:
(i) Investigate if the shipper has not
received notification or receipt within twenty days after transfer;
and
(ii) Trace the shipment or part
of shipment and report the investigation to the department. Each licensee who
conducts a trace investigation shall file a written report with the department
within two weeks of completion of the investigation.
Statutory Authority:
RCW
70.98.050 and
70.98.080. 11-03-020, §
246-249-090, filed 1/7/11, effective 2/7/11. Statutory Authority:
RCW
70.98.050. 05-21-128, 05-23-113 and
06-01-105, § 246-249-090, filed 10/19/05, 11/18/05 and 12/21/05, effective
8/15/06. Statutory Authority:
RCW
70.98.050 and
70.98.080. 98-09-117, §
246-249-090, filed 4/22/98, effective 5/23/98; 97-02-014, § 246-249-090,
filed 12/20/96, effective 1/20/97; 91-16-109 (Order 187), § 246-249-090,
filed 8/7/91, effective 9/7/91.
