ML19249E184
| ML19249E184 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/11/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Benjamin A HOUSE OF REP. |
| Shared Package | |
| ML19249E185 | List: |
| References | |
| REF-SSINS-3350, REF-SSINS-9197 NUDOCS 7909260557 | |
| Download: ML19249E184 (12) | |
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- k UNITED STATES C OmM y (QJL{ ) j NUCLEAR REGULATORY COMMISSION ggN
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WASHIN GTON, D.C. 20555 Y, }
September 11, 1979 OFFICE OF THE CHAIRMAN The Honorable Adam Benjamin, Jr.
United States House of Representatives Washington, D. C.
20515 Dear Congressman x.
m.;n:
Thank you for your letter of May 21, 1979, in which you raised several issues about the transport of Three Mile Island nuclear waste and the air shipment of nerve gas bombs from Colorado to Utah.
We are pleased to respond to the issues on nuclear waste.
The shipments of radioactive material discussed in the newspaper articles were essentially identical to other routine shipments of nuclear waste from operating nuclear power plants.
Because of decisions not to overload the disposal site in South Caroli:.a with waste, and the possibility that the subject shipments contained some material from Three Mile Island Unit 2, the material was shipped to the State of Washington for disposal.
States have not been routinely notified of similar shipments because of the low risk to the public's health and safety associated with such material.
The transport of nerve gas explosive weapons is under the jurisdiction of the Department of Defense.
We are unable to comment meaningfully on issues asso-ciated with the transport of explosive weapons.
Our comments on the nuclear waste issues raised in your letter are enclosed.
Sincerely, f
M C_ u W ep( M. Hendrie Chairman
Enclosure:
Comments on Nuclear Waste Issues 700R OR 0 ML 22o928a 57 1030
.~'l
Comments on Nuclear Waste Issues Issue 1:
The news report indicated that certain state authorities were not advised that the shipment of nuclear wastes would be passing through their state until after the fact.
I would appreciate a verification of this report from your office.
Comment: With respect to these particular shipments, State officials in Indiana were not notified.
State officials from Oregon and Washington were notified in response to their requests.
However, as of May 7,1979, the NRC modified its procedures to require advance notice of each shipment of waste frcxn the accident at Unit 2 to either a designated state official or the State Radiation Health Director of all states through which a shipment is expected to be routed.
This is in response to State officials' interest in such shipments.
The information to be provided includes package identification, package description, carrier name, waste description, waste volume, wtaste origin (Three Mile Island Unit 1 or Unit 2), aggregate radi.oactivity in the package, radiation readings outside the package, presence of transuranic waste components (e.g., plutoniumi or americium),
labels, time and date the shipment left Three Mille Island, burial facility identification, routing of the shipnaent, and any other information deemed pertinent by the NTdC personnel at the Three Mile Island site.
1030
,v.
Iss,ue 2:
I would also like an explanation of %e applicable federal regulations affecting the interstate transport. of nuclear wastes ano explosive weapons.
I am specifically interested in any federal regulations which require state arthorities and/or the public to be notified that such a transpor-t is to take place.
If no such regulations exist, I would appreciate an explanation of the rationale behind the lack of same.
If such regulations do exist, were they adhered to in this reported transport?
Coment: There are no federal regulations which require states to be notified of shipments of nuclear waste materialls.
- Moreover, the licensee is not required to provide the NRC with advanced notification of such shipments; however, the Ccxanission has recently approved a reporting requirement for aidvanced notifi-cation of spent fuel shipments. This requireme'nt was published on June 15, 1979 and became effective July 16, 1979.
A copy of this new rule and a related guidance documen:t, NUREG-0561, are attached for your information.
During the recovery operation at Three Mile Isi and., Unit 2, the NRC staff has established a special procedu're whereby NRC personnel at the Three Mile Island site observe the preparation of each package shipment and independently meas;ure: the radiation levels around each shipment. The NRC staff then ncotifies, among others, each State requesting information on. such ship-ments in advance of the actual movement of the rmatterial, The information to be provided is identified in our rcisponse to Issue #1 above.
Primary reliance for safety in the transportati:on cof radioactive material is placed on the integrity of the packcage of radio-active material. Mere advance notice from a sh-ipper to a state or local agency of a shipment of radioact-ive material does nothing to improve public health and safet_y.
If the advance notice is coupled with some followup ac-tiora, such as a police escort of the shipment, independent surveill ance of the shipment, or notice to emergency response teams alc9ng the route, then safety might be improved.
In the 1960's the Atomic Energy Commission (AEC ), cin a trial basis, required licensees to notify it in advantce orf each shipment of spent fuel. The AEC in turn notifi'ed each state through or into which each shipment would go.
After a few months, the procedure was discontinued because the states seldom used the information and soon expressed lack of interest in that information. The effort required to adiminister this notification system was significant for the smaill number of shipments involved, primarii., because of frequemt changes in the timing and routing of the shipments. Recocinizing, however, that some states may desire to obtain such infcirmation again, the NRC and the Department of Transportation (C)0T) will initiate discussions with states on the merits of such r'equirements.
?DDR ORBE 1030
,2
As a result of recent initiatives by state and local authorities to impose routing controls on nuclear shipments, the DOT has undertaken a rulemaking examination of transpo:rtation safety aspects of highway routing for radioactive materials. The examination will include consideration of rout-ing decisions now being made by carriers and of the methods by which those decisions are made, as well as the safety effeccts of existing and possible Federal, state, and local highway routing controls.
Prior notification of shipments will be considered during this rulemaking. A copy of the D0T notice of that examination is attached. The NRC plans to coordinate with the DOT 1:. this proceeding consistent with a Memorandam of Understanding between the two agencies. This proceeding is expected to take about two years to complete.
Attachments:
1.
" Physical Protection of Irradiated Reactor Fuel in Transit" 44 Federal Register 34466 (June 15, 1979) 2.
" Physical Protection of Shipments of Irradiated Reactor Fuel", NUREG-0561.
3.
" Highway Routing of Radioactive Materials:
Inquiry" 43 Federal Register 36492 (August 17,1978) g 1030
, J
Title 10 - Energy CHAPTER I - fiUCLEAR REGULATORY COMMISSION PART 73 - PHYSICAL PROTECTI0ti 0F PLAfiTS AfiD KATERIALS Physical Protection of Irradiated Reactor Fuel in Transit AGE! ICY:
U.S. tiuclear Regulatory Comission ACTION:
Intarim final rule.
SUPARY:
The U.S. Nuclear Regulatory Comission has decicied to establish requirements for nrotection of spent fuel in transit.
A recent study suggests tha: the sabotags of spetit fuel shipments has the potential for producing serious radiological consecuences in areas of hign population density.
It will be scr.e time before confirmatory research relative to the estimated consequences resulting from a successful act of sabotage on spent fuei can be completed.
In the mear. time, the Commission believes that interim requirements for the protec-tior of such shipments should be issued imediately.
This rule is sub,iect to reconsideration or revision band on public comments receiived subsequent to its oublication.
Concurrently, the fiRC is issuing guidance documentation (NUREG-0561) te assist licensees in the implementation of these recuirerents.
TF.e Public is invited to submit its views and comments on both the Rule and the Guidance.
EFFECTI'.'E DATE:
July 16,1979 DATE:
Comment period expires August 17, 1979.
ADD?. ESSES:
Written comments should be submitted to the Secretary of the Cor.issior, L'.S. fiuclear Regulatory Commission, Washington, D.C.
- 20555, C EN T.*n Docketing and Service Branch.
P00RORGN2 1030 iv.
FOR FURTHER INFORMkTION CONTACT: Mr. L. J. Evans, Jr., Regulatory Improvements Branch, Division of Safeguards, U.S. Nuclear Regulatory CO=nission, Washington, D.C.
20555, Phone - (301) 427-4181.
SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Cc= mission is amending 10 CFR 73 of its regulations to provide interim requiremerrts for the protection of spent fuel in transit. This amendment is being published in effective form
~
without benefit of public coment in the interest of the public health and safety.
Previous studies (NUREG-pl94, Calculations of Radiological Consequences from Sabotage of Shipping Casks for Spent Fuel and High-Level ' caste, February 1977; NUREG-0170, FES on the Transportation of Radioactive Matedal by-Air and Other Modes, December 1977), estimated the health effects of a r adiological release in a non-urban area resulting fror a high-explosive assault on ci spent fuel cask.
The estimated risks were not considered so substantive as to warrant regulatory action. A subsequent study by Sandia Laborato-fes includes a cha'pter on the sabotage of spent fuel in urban areas of high popul ation density (SAND-77-1927, Transoort of Radionuclides in Urban Environs: A Wrking Draft Assessment).
This study suggests that the sabotage of spt-.t fue'l shipments has the potential for producing serious radiological consequences in areas of high population density.
The Coninission has concluded that, in order to protect health and to minimize danger to life and property (Sectior.s 1616 and 161i(3) of the Atomic Energy Act of 1954, as amended), it is prudeant and desirable to recuire certain interim safeguards measures for spent fuel shipments.
The interi rule would oe in effect until the results of confinratory research are available ar.d analyzed.
I 1030
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_2-
The focus of concern is on possible successful acts of sabotage in densely populated urban areas.
Because of the possibility that spent fuel shipments could be hijacked and moved from low population areas to high population areas, the interim requirements apply to all shipments even though the planned ship-ment route may not pass through densely populated urban areas.
Prior to publication of this rule, informal contact was made with the carriers primarily involved in spent fuel shipments as well as with other. interested.
- parties, and their connents are known to the staff.
It was ascertained that the imposition of these requirements would probably double the cost per mile rate for these shipments Yor an increase of approximately 5200,000 per year for the estimated 200 annual shipments involved.
Because spent fuel shipments are on-going and the time of sabotage cannot be predicted, the Comission is of the opinion that time is of the esserace in this matter, and tha, health and safety considerations override the necess;ity for public comment before issuance of an effective rule.
Accordingly, th e Commission, for good cause, finds that notice and public procedure are unnecessary and contrary to the public interest.
Ahhough this rule is being published in effective form without a prior public coment period, the public is invited to submit its views and comments.
After reviewing these views and connents, the Commission may reconsider or modify the interim rule as it deems necessary.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and sections 552 and 553 of Title 5 of the United States Ccce, the following amendments to Title 10, Chapter I, Code of Federal Reg:.d ations,
- gr
- 72, are published as a document subject to codificei. ion.
P00RORIBliiAt 1030
,v;
1.
Section 77.1 of 10 CFR Part 73 is amended by adding a new paragraph (b)(5) as follows:
573.1 Purcose and Scoce (b)(5)
This part also applies to shipments of irradiated reactor fuel of any quantity which has a total external radiation dose rate in excess of 100 rems per hour at a distance of 3 feet from any accessible surface without inter-vening shielding.
2.
A new s73.37 is added to 10 CFR Part 73 to read as follows:
!73.37 Reauirements for Physical Protection of Irradiated Reactor Fuel in Transit.
(a)
GENERAL REQ'JIREMENTS - Each licensee who transports or d elivers to a carrier for transport irradiated reactor fuel in any amount that is exempt from the reouirements of 573.30 through 73.36 in accordance with 573.6 s; hall make arrangements to assure that:
(1) The Nuclear Regulatory Comission is notified -in advance of each shioment in accordance with 573.72 of this Part, and that riRC has approved the route in advance of the shioment.
(2) arrangements have been made with law enforcerent agencies along the route of shipments for their response to an emergency or a call for assistance.
(3) the route is planned to avoid, where practicab'le, heavily populated.
- areas, (4) the shipment is scheduled where practicable without any intermediate s:c:s exceot for refueling and obtaining provisions, and that at all stops at least one individual maintains surveillance of the transcort vehicle, P00R DMINn 1030
,v7 (5) individuals serving as escorts have successfully completed a training p*ogram in accordance with Appendix D of this Part, (6) procedures for coping with threats and safeguards emergencies have been developed.
(b)
SHIPMENTS BY ROAD - For shipments by road, the licensee shall make arrange:nents to assure that:
(1) Each shipment is accompanied by (i) at least one driver and one escort in the transport vehicle, or (ii) at least one driver in the transport vehicle and two escorts in a separate vehicle.
(2) the transport' or separate vehicle is ecuipped with a radiotelephone and CB radio or approved equal co::nunications equipment and that calls are made at least every 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> to a designated location to advise of the sta_us of the
- shipment, (3) the transport vehicle is equipped with features that per=5t innobi-lization of the cab or the cargo-carrying portion of the vehicle.
(c)
SHIPMENTS BY RAIL - For shipmen:s by rail, the licensee shall assure that:
(1)
Each shipment is accompanied by at least one escort in the shipment car or in a separate car that will permit observation of the shipment car, (2) two-way voice communication capability is avail able and that calls are made at least every 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> to a designated location to advise of the status of the shipment, (3) at least one escort maintains visual surveillarice of the sh-ipment car during periods when the train is stopped on sidings or in rail yarcis.
(d)
If it is not possible to avoid heavily p:Dulated areas, the
- T.issior.
ay recuire, decendinc on individual circumstances o' the s hipnent, ac:-ici anal
- rete
- :ive measures.
}J011 DRrGINAL
> 1030
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(e)
A period of 60 days from the effective date of the rule is allowed for the implementation of requirements that involve equipment modification or trai ning.
3.
A new Appendix D is added to 10 CFR Part 73 to read as follows:
Appendix D - Physical Protection of Irradiated Reactor Fuel in Transit, Training Program Subject Schedule.
Pursuant to the provision of 73.37 of 10 CFR Part 73, each licertsee who trans or delivers to a carrier for transport irradiated reactor fuel is required to assure that individuals used as shipment escorts have cor sleted a training prograr.
The subjects that are to be included in this trzining program are a s fol 'a cws :
Security Enroute Route planning and selection Vehicle operation Procedures at stops Detours and use of alternate routes
- o mur.ications Equipment operation Status reporting Contacts with law enforcement units Co=1unications discipline Procedures for reporting incidents
?000 00$0hh{.
1030
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Radiolocical Considerations Description of the radioactive cargo Function and characteristics of the shipping caskas Radiation hazards Federal, State and local ordinances relative to tJbe shipenent of radioactive r.aterials Responsible agencies ResDonse to Continaencies Accidents Severe weather conditions Vehicle breakdown Communications problems Radioactive "scills" Use of special equipment (flares, emergency lightirqg, etc.)
Resoonse to Threats Reporting Calline for assistance
-- Use of immobilization features
-- Hostage situations Avoiding suspicious situations.
EFFECTIVE DATE:
July 16,1979
?00R OR'GM1
' 1030..J
' Sec. 53,161b,161'i, Pub. Law 83-703, 68 Stat 930, 948, 949; Sec. 201, Pub.1.aw 93-438, 88 Stat 1242-1243 (42 U.S.C. 2073, 2201, 5841)).
Dated at Wasnington, D.C. this (1 day of June,1979.
For the Nuclear Regulatory Cccrnission y
p ns h k
(g r Samuel J. Crailk N Secretary of th a Conmission
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1030
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s PROPOSED RULES 36492 carners of various radioactive n. ' cri-mme esto when soo uta ta used for distress surposes. ship and coast stations may use si n has forals now restrict use of bridges, tun ~eis.
and 3 cads otherwise open to public exceos for uuano esters.
Use. ~!.4 cal jurisdictions have also im-US::s. In addauon to its present sovernment use. the f'recuency cand 510-52s kHz ts aradable r 1 eoe.
or r.ated vita the mdatary scrnees. In adda.on, the frequency $10 kHz ts avadao!e for nocsovernmenter poseCi requirements for pernlit fees.
adTa2 ace notice escorts. and spectfled ter operauons snen Deyond 100 nautacal nules from snore and required for acronanucal re.local restrictions are emtad with a p ti It-1 responsibilities for e:nergency re-rr.cnn in the state of nawaii. stauon in the aeronauucas radionanescon sernce sha21 not cause to.
F.,ons e or ior traffir convol (such a.s terference to as.. ary recepuon rims at stauon as Honotuiu on iss tuz.
the establishment of truck routes).
N This mi-Hn? will enmine the PART s7 AvMcN SERYlC15 transportation safety aspects of high-way 2 routing of radioactive matenais.
In i 87.501, paragraph (f) is amended to read as folloWE The e-* Hon will include consider.
ation of routing decisions now being l 67.501 Frequencies seallable.
made-by carriers and the Inethods by whic::a those decisions are made. The (f) Radlobea, con stationsj 190-085 kH::: 305-415 kH. : 510-5 5 cEz.
rute ::entrine will evamine the safety ef-fects of existing and poss2ble Federal.
(FR Doc. 78-=533 FUed 8-1S-78: 8:45am]
State", and local highway routing con-INFORMATION. trois-. Including effects of actions by FOR FURTHER one State or locality on another.
[4910-40}
CON *ACT.
On.ly highway routing of radioactive DEPARTMENT OF TRANSPORTATION Douglas Crockett. Uffice of Hazard-mate Tials will be considered in this Met.a.i Transporten.a 8==u ous Matenals Regulation. U.S. De-doczeet. This does not rule out the pos-partment of Transportation. Room sible future consideration of materials M atPm W 6:18.2100 Second Street SW., Wash-in c;1her ha::ard cle and other ington. D.C. 20590, 202-426-0656.
modecs of transportation-However.
IDoctet No. HM-164; Advance Notice]
h2gavay transportation. of all four SUPPT.WTARY INFORMATION:. moda s of transportation. Offers the CARRIAGE SY PUSUC HIGHWAY and the greatest access to population Hignway Revting of to6oective Materials; A. Bceknoursd. On April ?.0.1978.
eeng,.m hn high'aay carners N laowY the MTB published an opimon (43 FR port radioactive matena.!s. they now AGENCY: Matenals Transportation 16954) coccernmg the legal relation-face imeciate and significant dispart-Sureau. Reseiren and Spec:a1 Pro-ship te wee.1 secti n 175.111 of the ties ;.n safety requirements :mposed by gn=s. Adrramstraton. DOT.
New-Yorr City health code an regu-Stai e and local junsdictaous.
AC"'!ON: Advance notice of proposed lanons issued by DOT under the Ha:*
B..icJerv. Both DOT and the Nucle-arcous Matenals Transportation Act at Reguistory Cor " t-xion (NRC) rufe m m g.
(HMTA. Title I of Pub. 1 93-633). Sec-shave responsibility for t=sunnt use of S**MMARY: ~~his publication invites tion 175.111 of the city's health code safe methods of preparing and trans-ce== lent on the need. and possible rebits the transportation in or porntng radioactive tnatenais. DOT t.*augh the city of most commercial reg
- Mons pertain to packagx 6 nethocs for establishing routing re-
- mre::ents under the Hazardous Ma.
shipments of radioactive matenals. bell.ag and marking. piscarceg and tenals Transportation Act applicable The IC.ITA is the' bas:e Federal ter.s-sh2p pmg paper entnes. 'seyed to the lation under which the transportanon rad; ation hanard of the =tatenal being to rughway carners of radioacuve ma.
safety of %dcus =stenals, includ-t;g. sported (49 CFR parts 170-178. es.
tenals. The Matenals Transportauen irg radioactive =stenals is regulated. Dec ally fl 173.7(bl.173.339 398 and Sureau (M~B) recently completed an exammation of 2 local New Yorg City in the opcion. MTB conciuced that par :.s 390-397 especially part 397).
HMTA routing authority is sufficient Co=nplementary NRC regulations. per-crdinance haltmg the =ove=ent of ra.
to preempt State and local highway w,m to peging of cem Mo.
dioscute matenals. Similar ordinances routing requirements (see HMTA. act;ve matenals, are found at 10 CT"D bave been or may be enacted else-il 105.11't 49 U.S.C.1804.1811), but pa-t 71. In addition NRC regulation's' where. This mqutry is intended to that because a routing requirement in 10 CFR part T3 concern the physt.
assist = MTB in deciding what Feder. has not yet been established under the cal secunty of special nuclear maten.
al acuan may be justified *r2 light of HMTA, that act does not at present als., at both fixed facilities and while in local concerns addressed in.;uch ordin.
ances. A heannt will be announced preempt section 175.111 of the city's trtcnsportation.
health code.
41.n existing DOT reguistion general.
subsequently.
s a way m ng of ha:-
DATE: Co==ents must be received on an the-s ar requir m
.s ardous matenals (49 CFR 39'I.9(a)). in-
-- *ef ore January 1.1979.
- posed by State and local junsdic* ions citadmg radioactive matenais, when ADDRESS; Comments must be ad-elsewhere, affect sterstate commerce. ca: ned in substantial quanuties. Sec-cressed to Dockets Branen. Informa-In some cases local requirements may tic'.n 397.9 was tssued under statutes uen Services Divuton. Matenals so vary from one another as to be tn-gg.at precate the ICCA (18 U.S.C. 834 T ansportation Bureau. Researen and compatible. In other cases they may and 49 U.S.C. 304). and states:
impose significant additional responsi-Spac:21 Programs Ahmittration. U.S.'
IC378 h82-Department of Transportation. Wash-bilities on shippers, carners, or ne gh-mrton, D.C. 20590. Five copies of com-bonng junscictions. Ex: sting State e at Uni.ss there ts no praeneable alte:na-ments are requested but not required. and local requirements for hignway tire, a motor temcle wnaen ecciams ha ars.
)DDR ORIGim FEDERAt t!G15 tit, VCt. 43. NO. ho.--THut50AY. AUGUST 1 7. 1973 1030
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PROPOSED RULES 36493 aus m2tenais must be operud over routes Development. December 1977 (avails.
IL Soau: PossInts Rrct I.arcar wn2cn do not go throuan or near neavily ble from the Nauonal Technical Infor.
At:Izmm.s populated areas, places wnere crowes are u.
mrtion Service for $12).
semb;ed, tunnels narrow s:reets, or allers.
(2) LipPes and Schuller
- Legal. Insti-to illustrate several procedures wtuch C; era:me centeruence is not a ba.sa for ce.
tuuonal, and Po11tical Iraues in Trans-might be used to regulate h:ghway terrn.n2ng snetter it is praeucaole to oper.
ate a =ctor veracle us accorcance wns this portauon of Nuclear Materials at the rouung of radioactive matensis. MT3 paragrapn.
Back End of the LWR Nuclear Fuel is not proposing to e= ploy any of the Cycle. September 30 1977 (Battelle alternauves. They are outlined merely Human Affairs Research Centers,4000 as illustrations of avaihble HMTA au-Another DOT regulation expressly Northeast 41st Street. Seattle, Wash. thonty. As illustrations, they reflect recoruzes State and tomi traffic regu. 98105).
d!Iferences in State and local dec2sson-latics (49 CFR 397.3). Section 397.3 (3) Transport of Radioactive Materi-m2kmg partic pation. differences in approves those State and local require. al in the United States (NUREG. cost to governrnents, business, and ments which concern the mechanics of 0073). U.S. Nuclear Regulatory Com. consu=2ers, and differences in judg-dnv=g and handling vehicles. Those mission. Office of Standards Develop. ment as to the necessity for additional Federal scrutiny of radioactive matert-State and local requirements are ment. May 1976 (smgle copies may be als carriage by highway. The first roughly comparable to Federal re-obtamed by writing to Division of thm alternatives are probably in as-qu;te=2ents in 43 CFR part 392. Sec-Tecnmcal Infcrmation and Document cending order of stnngenc7. cost, and tion 337.3 states:
Control.
U.S.
Nuclear Regulatory degree of DOT ruse nme.ng scrutiny. A Co= mission. Washington D C..,0555).
draft regulatory evah.:stion, arnehle 1:3 7.J 3:ste and loccJ letts onfinances au ren cnons (4) Environmental Survey of Trans-for irMon in the public coczet.
portation of Radioacuve Matenais to tentatively concludes the implen2ersta-Every motor vehicle come-nazardous
=atenais must be criven and parted in com.
and from Nuclear Power Plants tion of the re:u'atory examples below puance eth the laws. ord:r.nees. and regu-(WASH-1238).
U.S.
Atomic Energy would probably not have c:a;or eco-lauens et :ne junsdic::on m wruen it ts CcWron. Directorate of Regula-nomic consequences under Executive betng opemed, unless ther are at canance tory Standards. December 1972 (copies Order 12044.
with speeWa regulauons of the Depar:=ent ava:.lable from the National Technical A. Requtre ecmpfte sce by redtocc-of. Transporuuon wales are app 12cacle to the operauen of that venjele and wruen Information Service for 37.25).
tire metencir haph::ct ecrners tot:A e
- npose a more stnnsent oburatJon or re.
In add: tion the Nuclear Regulatory generc2 routtng r.de to be established str u t-Commission has contracted for a ge-by MTS. The test of 49 CFR 397.9 A third regulation.1ssued under the nene environmental assessment on miFht serve as a mociel for develop-E'dTA. approves certain hn? trdous tran.Tportation of radioactive materials ment of a generni routang requirement
=stena.s -astnctions :mposed on the near or through large densely populat. (vanati;ns would recu.:.re an exe=2p-tion uncer part 107). Spec:fic route ap-use of tunnels by State or local au-ed areas. Results of this effort will be proval or licemme of :schway car zers thenty (O CFR 177.310). Section considerad as they become available.
w uld m be necmv cr possMe.
li" 310 states:
The ite=s listed are available for B. Recu1re each ht;t:::cy cc~ :e~ :n public inspecnon = the MTB doctets be licensed only for var:cnce frorn. ic.
} :~.!;c vew.a:~ tun sels.
room. Copies =sy be obtaine. from d:occ::re ncte :cis sures pemt:ffed Nouung con:n=ed :n part.s MD-139 of this the publh.hing agene:es or, There ind!-
u ng,,
g peng7ggyy g
- g. egg, g3 su:,cnapter sna.1 oc w cor.s: rued as to nuill-cated. from the National Techn: cal In-routtne rule. but pe-ts: refun:crv In-fy or supersece regulanons emaeussed.and run.;,nec uncer su nonty of State sta:ute fer=a:Tn Semce. Spr:ngfield Va.
ee :stng. Alternative 3. a part:11 heens-or =,.:ue:::s. cr::: nance regarcing :te cmd.
2:161 (payment to NTIS should be en-ing scheme, would have many of the
- e. arac:er. or quanu:7 of sov haarc:ous ma-closed).
features of alternat:ve C. a full licens.
te**al l:e **4:!ed 27 suCn regulatlorJ to De C. T'te need for consistent rules. Con-ing sche ne, outhned below. However.
trancortec :nrougn any urcan ve:ucular tunnei tet ter =a.u transporuum.
sistency a=eng Feder11. State, and alternauve B would :nvolve the estab-local transpcraton requ:raments af.
lishment cf a general Feceral rout:ng Sect: ens 337.3 and 397.9. and sect:on fecu both efficiency and safety in rule uncer w uct =ucrt or most :11gh -
- 17. 310t a). tar.en together, reflect t..e transpor ston. For highway transpor. way carnage cf radioactive =aten21s fact that routing of highway waffic in wottid occur with spec:fic route so-tat n. differences to reg na m e-hasardous =stenal mas been a matter proval requ2 red only Ior carnage oper-lett primanly to State and local regu-at:ons that depart from the ger2eral lalon. and the princ:ple that such number of ways. such as-g g3 State and local r-nat:on should not (D Routes used may not be the best avad-any spectfic route wprovals, might have the actual effect of altogether able-consider, in addition to actual routes.
forbidding highway transportat:on be-(t) Confusion resulting from differences matters such as carner fitness, travel tween any two potnts, even.here in loca:Iy enforced rules may result m non-t:mes, and avn d s h li- - of alternate t
methods of tran.sportn[:en other than CCCD22DC'
- "h
'!th'T ' '8'f11 Cf 10C3A other moces of transportation are available. These provisions const:tute (3) Rerouting that results from a localjy highway carnage. The general ru.le. or the :: resent pcsture of DOT h2ghway tmposed nue may nase uneensicerca e!!ce:s a spec:Itc route approvn.L Jould be suf-Tout:ng ?cilcy.
on otner locauues, especially on :netr e=er-fiC:rnt authority for hignway carnage in acc:t1Cn to these proV31ons. there eener respocsiet:.nes.
operauons coneucte:1 :.n comp 32nce ara
- 2. iso a numoer of pub!! cations with applicable Federn; require =ents.
However. regulatory uniformity ::3y and State and local recurrements not ava:la::le. concer ur.g radicactive mate-not be always de::rable or possible.
na;s ;rans;;cranon, wnsen will be con-cons:. stent with these Fecera.! require-due to local transpor:3 Mon conditions ments would be preen:pted.
s:cerec :n th:s docxet. The list below is and the emergency responsibt11t:es of This alterna.tve cotud also prov:de no; :.nclustve:
(1) Final Envirenmental Statement local authorities. There are therefore for spec:fic route a;: pre al. When lusu-cn he Transper.auon of Radioact:ye ::racucal limits on the possible scope flec. on a voluntary pssis epon a: pli-
'dat er:al ty A:r and Other Modes cf uniferm or exclus:ve EMTA rout:ng canon Dy a carner. or is a require-O",' REG-01701. U.S. Nuclear Regula. recu recents that nught be developed ment upon appi:caten from a State or ter/ Cc-ron. O!! ice of Standards in th:s dcctet local govern==nt. S;ectfic route ap-FEDER At REG 457tt. VCl 43. NO.164--THUR$D AY, AUGUST 17, 1973
s e
PROPOSED RULES 36494 proval would be used pnmarily for sit-tive material by highway unless the Do local conditions affece::tz route seleetton usucnt involvmg unusual local ecndi-route used were previously approved necessitate mdmdual Feceral enwrier.?
If detailed exswauon c: 2.sahway routes is tiens or routes invoinnt substantial by MTB. Consequently, exitung rout.
ing practices would have to me phased rgy,r[nat procecures should it be controversy.
out gradually. to reduce con!cion and (6) what additional cost.s anay be trrvolved C. Recutre each highteay camer to commere:11 disruption. The meeMnics if new routmr rules are oeveloped and tm.
be licensed for ecch redtocetire mete-of this ahernauve resemble those of piemented? How are those costs urely to ncJ rate. This alternative would re-4.ffect ahtspers, carriers. Federal. State. and Quire each highway carner to obtain the process now used by MTB tn issu-ents, mes and tne We?
pner MTB approval of any route to be ing evnpuens. Implensenung this al.
, ry ternnive eny require substantial ad-tu nat are the utely costs and Innefits used in the transportauen or radioac-Ove materials. The carner might file min 2strative resources.
of tamms no acuan?
D. Intste the NucIccr ReptJctory
(:) Do exisung dispantaes eetween state proposed routes supported by a state-Comattnion to consider ruuttng re-and loca1 rules concerntna turnway carriage ment of safety and junsdictional con-sert: bons for its Ifeensees. The Nuejes
%acuve ~
nals seed to be narmo.
siderations. Pubue comment would be ar Regulatory Co==1ssion addresta sounted. If the carner's proposal were accepted by MTB. It would authon:e routes used to transport special nurie-I. hearing will be held to consider carner operation under the plan for a ar matenals (10 CFR part *.3) at.d has views on this advance notice, at a time certa = ter= perhaps 2 yearr Plan ap-the authority to cons: der routmc in and place to be sumsecuently an-prova.: would preempt State and local both regulatory and licensmg proceed-nounced. Drafters of this document recurement.s not cons: stent with it.
ings.
are Douglas A. Crockett. Oft:ce of but could make federally enforceable III. RtetIs; rom Comrr Hazardous Matenals Regulat2on, MTB. and George W. Temley. Office of these State and local re: uire=2ents af-Comment is so!.i:ited on the preced-the C.Nef Cour2sel. Resaearch & Spo fecung the carner whsen are consist.
ent with the plan. In so=2e cases, spe-ing discussion and on the questions * *on2=s e-t: auen.
Cla) locaUy imposed requirements beiow.
nen ers tre a ns ed that section nucht be expressly incorporated into Should radioactive materials be sub-105(b) of the HXTA re quires DOT to the plan by the carner or MTB.
ject to more sinngent Federal higs-e Inten c
It would be necessary to establish way routing requirements than utN m CEwrce Com nion before is-some general critena by which route imposed by 49 CFR 379.9?
suing Lv regulanon wrtth. respect to pinns eculd be judged. As in alte-na-wu-tha routing cf nazareotts matertals.
uve 3. ma*te"s wh:Ch =3Cht be exa=2-(1) nat types. cuanuties and forms of in e,. ecula. include carner gitne.u y.ae c.atenais snould be canaceree?
Atmenrr: to U.S.C. :st23.1804.1808: 49 a
travel tunes, and availability of alter-(D nat benena =:rnt be schreved?
Cm L**e) and pen taw of an A cate metn:ds of trnnsportanon. Sues (n nat f ac.ers m acciucn to populatoo to part 102.
07 *e7:3 addition 237 Would be useful to dens *y s.nd h1garay concitions snov.JC be U
bas ce t n.a Carntrs tr. Prepanng plans. S.nd to n stee T.D not result in a. rna:or ec onoca:
- State an,..ocal gove..
ents m a-n-
emerzener r-mnse p mfo-cnm t= pact under the te s on Execu: ve or:er 1stenng the:.r highway regulatory pro-
,7,c;,2,que =,=t,o713,op,73en,coe,,3 O
E U"
lence and e!!:C:ency Cf thP Camer? Should W W. MED. A mim
c alus a n u g.~ams.
At the end of the ter=2. a carner these f actors be cons: cered in place of rout.
- 'D' tnf coul: :Ce for renewal. At that ti=e h:s m How would, additional Federna rules g3.ued in E'ashinmn. DC on saf ety recorc. and conditions affe *:ng his performance, could be evaluated.
[,
August 10.1973.
't ' 'U n.7 n again by a puche process. Under so=2e extent ts c eater underm:ty in state and Dorct.As A Cao '
cuenn;s.ances, and suoject to proce-locs: require =en:s aestraoie. and to what Acting atssoctate Dtrec!or for extent achievaa.e throusu Feuern1 rule =as.
Mow Mcfr*ncis Regulc-durC consi:lerauons, the carner's plan ine a*cral could be revoted or mod:.fied (5) What k:nd cf F-deral rule is desirable?
tion. McM "rensportetton bef ore the ter=2 had ru,,
Is a general =ed DOT reau:rement preter.
Bureau.
This alternauve would make it in2-able to a procedure that enta:1s an inc:vidu-possible to move a designated radioa:- a2 dot en nues of some or an routes?
CFR Doc. "8-:l:728 Mied 5-16-T8: 3:e aml
~
OR RR~
1030 5
FIDitA REGt37ts, VOL 43. NO.16o-THus3 DAY, AUGUST U,1978 i
Issue 3:
In addition, I request a clarification of any existing federal regulations regarding the safety requirements of transports of this nature and the right of states to inspect the cargo and transporting vehicle to assure that both are properly contained, equipped, and that all safety procedures are followed.
Comment: A description of the DOT and NRC transport requirements is provided in the Attachment, " Transportation of Nuclear Fuel and Waste".
The law is unclear whether states can enforce their own regulatory requirements which are not inconsistent with federal DOT requirements because the Atomic Energy Act and the Hazardous Materials Transportation Act are arguably in conflict on this point. To promote consistency, DOT encourages states to adopt Title 49, Code of Federal Regulations.
In addition, NRC and D0T have jointly sponsored surveillance programs for states to inspect carriers transporting radio-active materials. Six states have elected to participate in this program.
Attachment:
" Transportation of Nuclear Fuel and Waste"
?00R DEL 1030 i.;
m.
..a
.n TRANSPORTATION OF NUCLEAR FUEL AND WASTE The transportation of nuclear fuel and waste is regulated principally by the Department of Transportation (DOT) and by the Nuclear Regulatory Commission (NRC).
The regulations of the NRC are found in Title 10 of the Code of Federal Regulations, primarily in 10 CFR Part 71, " Packaging of Radioactive Material for Transport and Transportation of Radioactive p.
Material Under Certain Conditions." The regulations of the DOT are found E
in the Code of Federal Regulations, primarily in 49 CFR Parts 170-189,
" Hazardous Materials Regulations" (for shippers and road, rail, water and air carriers).
These regulations are applicable both to persons who ship radioactive materials as they package and offer such materials for trans-portation, and to carriers of radioactive material as they load and transport such materials in their vehicles.
The regulations provide protection to transport workers and the general public from the hazards of radiation, and to undevelo ku film from damage.
p Primary reliance for safety in transportation of radioactive material is placed on the packaging.
The DOT regulations prescribe general standards and requirements fcr all packages of radioactive material, and for handling and storage of those packages by carriers.
For packages which contain no significant fissile radioactive material and only cmall quantities of other radioactive materials, the D0T standards and requirements provide adequate assurance of containment and shielding of the radioactive material.
While these small quantity packages, termed Type A packages, may fail in an accident situatica, the radiological consequences would be limited
' because of the limitad package contents.
When the radioactive content of a package exceeds the small Type A quantity limit, it may only be transported in a Type B package, one which will survive transportation accidents.
A Type B package must be designed to' withstand a series of specified impact, puncture and fire environments, providing reascaable assurance that the package will withstand most severe transportation accidents and its design must be independently reviewed by the NRC engineering staff to verify its accident resistance.
Finally a certificate must be issued by the NRC before a Type B package fabricated from that design can be used to transport radioactive material.
The standards which have been established in the D0T ar.d NRC regulations provide that the packaging shall prevent the loss or dispersion of the radioactive contents, provide adequate shielding and heat dissipation,and prevent nuclear criticality under both ncrmal and accident conditions of transportation.
The normal conditions of transportation which must be considered are specified in the regulations in terms of hot and cold environments, pressure differential, vibration, water spray, impact, puncture and compression tests. Accident conditions which must be considered are specified in terms of inpact, puncture and fire conditions.
P00R HIBl K 1030
,7 i
Procedures applicable to the shipment of packages of radioactive material require that a package be labeled with a unique radioactive materials l abel.
In transportation, the carrier is required to exercise control over radioactive material packages, including loading and storage in areas separated from persons, and to limit the aggregation of packages to minimize exposures.
The procedures the carrier must follow in case of an accident include notification of the shipper and the DOT, isolating any spilled radioactive material from personnel contact, pending disposal c
instructions from qualified persons, and holding vehicles, buildings, areas, or equipment from service or routine occupancy until they are cleaned to specified values.
Radiological assistance teams are available r
through a Federal interagency program to provide equipment and trained advisory personnel, if necessary, to help manage accidents involving radioactive materials.
Recent studies indicate that approximately 2.5 million packages of radio-active materials are currently being shipped in the United States each year.
Within the limitations of the regulatory standards, radioactive materials may be safely t{ansported in routine conmerce using conventional transportation equipment.
No special or routing are needed to assure safety.gestrictions on the soeed of vehicle In its recent reex amination of its regulations on packaging and transportation of radioacti've materials,
- he NRC staff concluded that the environmental fiupacts of ncirmal transporta-tion and the risk attendant to accidents involving radioactiv/e material shipments are sufficiently small to allow continued shipTnents by all modes and that no changes to the regulations are needed at this time. Two documents, " Environmental Survey of Transportation of-Radioacitive Materials To and From Nuclear Power Plants," WASH-1238, and " Final Environmental Statement on the Transportation of Radioactive Materials by Air and Other Modes," NUREG-0170, provide additional information on this topic.
'1Section 201 of the Energy Reorganization Act as amended by Public Law 94-79 imposes special restrictions on the air transport of plutoniuni.
2According to the DOT, of the more than 32,000 hazardous material incident reports submitted to the DOT during the five year period 1971-1975, only it4 were noted to involve radioactive materials.
Of tnese 144 incidents, only 36 showed any release of contents or excess radiation levels.
In most cases, releases involved minor contamination from packages of low specific activity materials, exempt materials, or Type A quantities of radioactive material s.
?00RDEINAL 1030 3
Issue 4:
I find it difficult to understand why state authorities are not notified of potentially dangerous transports and feel strongly that, should federal law or regulations be derelict in this regard, immediate action should be taken to remedy this problem.
I will predicate any further action I might take in this regard on your response.
Comment:
As mentioned above, federal regulations do not now require prior notification of state authorities before transporting radioactive materials.
Primary reliance for safety is placed on the packaging.
Experience and environmental studies have shown that the existing regulatory system provides for low risk in the transportation of radioactive materials.
As indicated in our response to Issue #2 above, the Conunission recently adopted a rule to provide interim requirements for the protection of spent fuel in transit.
This rule includes, among other things, a requirement to obtain advance approval of the proposed route and a requirement to make advance arrangements with law enforcement agencies along the route of a planned shipment. To this extent, State authorities are notified of all such radioactive shipments.
I I