ML19261D273
| ML19261D273 | |
| Person / Time | |
|---|---|
| Issue date: | 03/07/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Bouquard M HOUSE OF REP. |
| Shared Package | |
| ML19261D274 | List: |
| References | |
| NUDOCS 7906020041 | |
| Download: ML19261D273 (7) | |
Text
g UNITED STATES
, g.
" ""%,9 -
NUCLEAR REGULATORY COMMISSION y., !.W.7 N )#
$ ~ *). e /
WASHINGTON, D. C. 20555 C
3,% d [/
'S March 7, 1979 CHAIRMAN The Honorable Marilyn Lloyd Bouquard United States House of Representatives Washington, D.C.
20515
Dear Congresswoman Bouquard:
We are pleased to respond to your letter of January 29, 1979, expressing concern about an accident on January 28 on Interstate 24 near Monteagle, Tennessee, and requesting our investigation of this route.
The accident involved a shipment of low-level waste from the Dresden reactors in Illinois to a burial facility in South Carolina.
As you indicated, no leakage was involved in this incident.
The flRC confirmed this infor-mation through contacts with the Tennessee Highway Patrol and radio-logical examination of the damaged packages by the South Carolina Health Department.
Under existing regulations, neither the Nuclear Regulatory Commission (NRC) nor the Department of Transportation (DOT) prescribe specific highway routes, such as Interstate 24, for the transportation of radioactive material.
The DOT regulations only require the use of alternate routes, where practicable, to avoid " heavily populated areas, places where crowds are assembled, tunnels, narrow streets, or alleys (49 CFR 397.9)."
Existing State and local requirements frequently restrict use of bridges, tunnels, and roads for carriers at radioactive and other hazardous materials.
In addition, portions of highways which are unfit for travel by heavy vehicles or by vehicles carrying hazardous materials have traditionally been closed to traffic by State traffic authorities acting in concert with local officials. We have contacted the Tennessee Public Health Department, Division of Radiological Health and have learned that the St.te of Tennessee currently does not have any additional State-imposed restrictions on the transportation of radioactive material.
Our recent examination of highway transportation of radioactive materials indicating that no special restrictions on routing are needed at this time to assure safety, primarily because the regulatory controls for these materials which relate chiefly to packagine provide adequate safety (Eoclosure 1).
This subject remains under review both in NRC and in DOT.
A brief description is enclosed of the NRC and DDT requirements for the transportation of radioactive materials, including nuclear fuel and waste (Enclosure 2).
2160 195 91k&Q4L
Honorable Marilyn Lloyd Bouquard As a result of recent initiatives by State and local authorities to control routing selectivity for nuclear shipments, the DDT has under-taken a rulemaking examination of transportation safety aspects of highway routing for radioactive materials. The examination will include consideration of routing decisions now being made by carriers and by the methods by whien those decisions are made, as well as the safety effects of existing cad possible Federal, State, and local hig%ay routing controls.
A copy of the DDT notice of that examination is enclosed (Enclosure 3).
I am sending your letter and our response for docketing under the DOT rulemaking examination so your concern will be taken into account by the DOT along with cther comments on routing.
The NRC plans to cooperate with the D0T in this proceeding consistent with a Memorandum of Under-standing between the two agencies (Enclosure 4).
This proceeding is exper'ed to take about two years to complete.
We hope this information will be helpful to you.
If we can be of further assistance, please le.t us know.
Sincerely,
\\
\\\\
/Q.NE u doseph M. Hendrie
Enclosures:
1.
" Final Environmental Statement on the Transportation of Radioactive Materials by Air and Other Modes" NUREG-0170 2.
Transportation of Nuclear Fuel and Waste 3.
" Highway Routing of Radioactive Materials: Inquiry" Federal Register M, 36492 (August 17, 1978) 4.
00T/NRC Memorandum of Understanding cc:
U.S. Department of Transportation Department of Public Health, Division of Radiological Health, State of Tennessee 2160 196 J,
. 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 Co mission (NRC).
The regulations of the NRC are found in Title 10 of the Code of Federal Regulations, primarily in 10 CFR Pari. 71, " Packaging of Radioactive Material for Transport and Transportation of Radioactive Material Under Certain Conditions." The regulations of the DOT are found in the Code of Federal Regulations, primarily in 49 CFR Parts 170-189,
" Hazardous Materials Regulations" (for shippers and road, rail, watar 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 materia n in their vehicles.
The regulations provide protection to transport workers and the general public from the hazards of radiation, and to undeveloped film from damage.
Primary reliance for safety in transportation of radioactive material is placed on the packaging.
The DOT regulations prescribe general standards and requirements for.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 small quantities of other radioactive materials, the DOT standards and requirements provide adequate assurance of containment and shielc'ing of the radioactive material.
While these small quantity packages, termed Type A packages, may fail in an accident situation, the radiological consequences would be limited because of th3 limited 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 packape, one which will survive transportation accidents.
A Type 3 package must be designed to withstand a series of specified impact, puncture and fire environments, providing reasonable 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 useo to transport radioactive material.
The standards which have been established in the DOT and NRC :egulations provide that the packaging shall prevent the loss or dispersion of the radioactive contents, provide adequate shielding and heat dissipation, prevent nuclear criticality under both normal and accident conditions of transportation.
Th'e 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 cons'dered are specified in terms of impact, puncture and fire conditions.
2160 197
. Procedures applicable to the shipment of packages of radioactive material require that a package be labeled with a unique radioactive materials label.
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 limit the exposure of persons.
The procedures the carrier must follow in case of an accident include notificat.on of the shipper and the DOT, isolating i
any spilled radioactive material from personnel contact, pending disposal 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 through a Federal interagency program to provide equipment and trained advisory personnel, if necessary, to help manage accidents involving rsdioactive 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 transported in routine commerce using conventional transportation equipment.1 No special restrictions on the speed of vehicle or routing are needed to assure safety.2 In its recent reexamination of its regulations on packaging and transportation of radioactive materials, the NRC staff concluded that the environmental impacts of normal transporta-tion and the risk attendant to accidents involving radioactive material shipments are sufficiently small to allow continued shipments by all modes and that no changes to the regulations are needed at this time.
Two documents, " Environmental Survey of Transportation of Radioactive 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.
25ectic 201 of the Energy Reorganization Act as amended by Public Law 94-79 imposes special restrictions on the air transport of plutonium.
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 144 were noted to involve radioactive materials.
Of these 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 materials.
~
2160 198
PROPOSD RULES
~36i92}
carrie= of various rad!oact!ve cuteri-st: uts ter ca==e vse mo n.2: a mee f ar er.ress ac.ican saa tad come sr.4 Icr.s em u.
als now rest-ic* use of bridges tunnels, rsa and rcads othervtse open to public tice? * =Md N5 Use. Local jurtseiceans have also i=.
1 cae. the l'resency ha.ed 310-3*3 tRJ ts.vadable to rev.
rs.. ; is aX.;ues to tu premect evet :=e:
Asa of r.e terntersal be - L.se as co.
Posed requirt=ents for pedt fees.
e-m oc sec.tove-r=e. t sectac';caJ rt.:.ocanss: oo a:.asor.s ar.:
s.-L.aat w". ::e 4.:*.a. r temets is sett.et tie frwmency 510 kE.2 as ats lable for consue-t:se=t advance CotfCt. tScorts, and spectfled ar;>:am.ar ope-s:.;::.a esen beye:.$ 100 tar.acal c. des frgca ar.cre ud rtw. arms for merce.sc.caJ re-t!=:es of travel, In =a.ny ca.ses. these local restnctices E.rt a.ssociated with car.2 ras :s local responsibilities for e=ergency re-rs =s: :.: e e 3.aa of Easu s:.a.= ens in tre sarceaut: cal rse.:ennsa:'.on semce sha:1 rat came to.
sponse or ic: traffic cc trol (such as te e-.===
.s. > arr rece:=cs ::.c= iu :ar.cs az semown on tu ams the establish =ent of t uck routes).
This Mll * -
f Wtil ext =ine the pan L.-AYLAnCN 111Y1C15 transporuden sa.fety a.spects of high-way routi:g of radioactive =stena.ls.
1: ! 87.501. ;a.ragraph (D is amended to read as follewr The en-"astion will 1:clude consider-J ET.K1 Trnuencies stallsble.
ation of routng dec.sicas now being made by carne s and the methods by k
wdch cose dedsions a e tnade. 'Ihe (D Radlebes,ect stat!c q 150-:85 hE.: 325-415 p 510-525,.Er-rule-e r Till *"~'"e the safety ef-fects of e=seng and posnble Federa.!.
D R Doc. 78-ME23 70e<18-16 **: 2:45 a=J State. and local highway routi=g con-trols. includ1=g effeins of actices by FOR FURTEIR INFORh'ATION one State or locality on another.
(4910-.43}
CONTA C.-.
Only highway routs: cf radjoactive DEPARTMENT CF TRANSPCRTAT1CN Douglas Crockett. Off!ce of Earstd- =aterials wn1 be cc:sidered in this ots mtenals Reguladen. US De-docket. This does not ruJe cut the pos.
MaWe fr=*pe== le=
part=est of Transpotution. Roo=
sible future constderaten of z=atenals
[49 Crt ter, tr7]
6:18.2100 Seaond Street SW., Wash-in other hm-d classes and other c.
1:ston. D.C. 20590. 202-426-0656.
= odes of transporutics. However,
>x.aet No. P4-164 Adrance Ncticel highway transpenauca, cf all fm nur N NTART INFOR.hiA~10N.. modes of transportatics, cffers the C.A111 AGE SY PUSUC H1GWrAY Se m M don n
ei of I'oW.g Mssi@es e.ea access to Wpulat:o Kg wey I w-iag ef Iee.e.ec tve Matend, 1Mwr A. Bcckp-ourd. On April 20, 1978, centers. When highway carners trans.
be m nblished an opi=1cn H3 m port radicactive materials they nou AGI SCT: hieria.ls Transportation 16M concerning ce legal reladen-face i==ediate and s:grificant dispari.
Bureau. Research a.nd Specal Pro-ship between secton 175.111 of the ties in safety require: ents imposed b5 gra=.s. A^ '"t atics. DCT.
New-York City health code and regu-State and local jurisdictices' he Nucfe.
ACT:ON: Ad7arce Oct:ce of proposed lacons issued by DOT under the Eac-B. Sc/erv. Both DOT and t ardous hiateria.ls Transportation Act at Regulatory Co-ulon (NRC' ruk*v (HMTA. Title I of Pub. L. 93-433L Sec-I I"#
S N "**
- S O f11.G.Y: This pub 11:aden invites tion 175.111 cf the ety's health code saf method.s of preparing and trans prohibita the tra.nsportation in or porung rad:cactive materials. DO'I ec=r e:t on the need, and possible through the city of most co==ercial reguladons per*.afn to pac la
=ethod.s for esubMer routing re-qc:re=ents under the %-dous Lfa-ship =ents of radioactive matenals.
tena's Tr2nsporation Act appi! cable The EMTA is the basic Federa.1 legu-shipping pape beting and =Arting p keyed to %
lation under Thich the transportation radiation hazard of the material beins to highway carriers of radioactive =a-safety of hacardous matenals. includ-transported (49 CFR parts 170-178' arc es tenfs. The 5farenals Transporuten ing radicacnve matenals, is regulated. pec: ally H 173.7(b)5 13 339-398 Bureau (hf-"3) recently ec..pleted an in the opinion. LITB concluded that parts 390-397, es part 397-exa=.: stien of a local New Tert City E"T.i routing authority is sufficient I
le entary NRC
'" ti Co'-'b =to pacW g o c."-me haJung the = ore =ent of ra.
to pn*=pt State and local highway m
dicac :Te =aten21s. Si=llar or^-es have t+e or =ay be enacted else-rounng require =ents (see EM~A.
ac.1ve =atenais. $ found at to cy}
where. Th:s ::cuiry is ! tended to
!! 105.11'b 49 USC.1804,1811), but pan 71. In addiUon NRC ^-% don ass:.n != Sf" B in deciding what Feder-that because a routing require =ent in 10 CFR pan 73 concern the phys-d al at:c: =sy be jusniled in light of has not yet been esublished under the cal secunty of special nuclear mate Ic.c::.I ecce-rt.s addressed in such crdin.
EMTA. that act does not at present als, at both fixed facilities and while h acces. A hean=g will be announced pree=pt section 175.111 of the city's transpora' tion.
health code.
An existing DOT regulation geners' suhs.equently.
SAI'7 f8583 - ly addresses highway routing of ha:
DATI: Cc==ents must be recched on
[5 matenals. "U'h E
73.[t d
j di tic s ciuding rad:cacuve or t elcre Ja.nuary 1,19~9.
, elsewhere. aff ect interstate co==erce. [ ed in *
- T ADDRESS: Co==ents must be ad-
"*b e Infer =a.
In so=e cases local requirements may 397 g dressed to Dockets Br tion Ser'nees Division. Matenals so vary from one another as to be in' t t predate the A 18
'C. 8 ec=patible. In other cases they may and 49 U.S.C. 304)* and states:
Tra. sporuton Bureau. Research and i= pose sft !ficant additional responsi-Specal Frograms A*Mrades U.S.
I J87 8 Ro h Depa.r.=ent of Transporution. Wa.sh-bilities on shippers, camers, or neigh.
ins.on. D.C. 20590. Five copies of co=-
bonsg jurisdicticus. Existing State (a) Unless there is no cracticable altern
=e *.s are requested but not required. and local requirt=ents for highway tive, a motor se=cle cce ec::ta.:ss ha ar b
' ()/h u. J[
6 e U\\
a FGLI.AL RfCISTTE. Vol. C. NC.16c.-TNUe$ CAY, AUGUST ly,1973
-2160 199
JbuJ envrvacu numa a.
cus =ne:tais =ust be c:>e.-ned over reuses Development. Dece=ber 1977 (avaus.
IL Souz: Posstzt.r Rtcrt.coar Tr:ca t.s not to throuca or near taan17 ble from the National Techmeal Infor.
ALrpacts oc;uhted areas. places w:ere crowes are as-t:stion Service for 512).
se=t:ed. :==:el.s. mar cr sneeu. or a era (2) Lippek and Schuller. Legal. Insti-to illustrate several procedures which operac. r e::ve se:ee is =ot a tasa for ce-te.---"
w etter :s is ;ra ::2:le to oper, tutional, and Poutical Issues in Tra.as-mfght be used to rer.date highway ate a =ctor vel::le m ac:=rcance v.th t:us por.ation of Nuclear Materials at the routing of radlosetJve =sterS!s. MTB
= a. aca;:.
Back End of the LWR Nuclear Fuel is not propos=g to e= ploy any of the Cycle. Septe=ber 30,1977 (BatteUe alternatives. They are outibed =erely Eu=an Affain Research Centers. 4000 as illustrauens of avaSable ID4TA au-An:ther DOT regula.'c e c ressly Northeast 41st Street, Seattle, Wa.sh.
thenty. As iHust.rattons. they reCect recog:;.:es State a:d !cc:0 t:2.IIIc rera. 98105).
differences b State and locrI decision.
lat:c: (49 CTR 397.3). Se ton 377.3 (3) Transport of Radioactve Materi.
M'"r par *Jc:paucc. dfferences in a;; roves those State and locai requi.e-11 in the Un.ted States (NUREG. cost to gov ern= ents, business, and
=ent.s =h!ch concer: the I:edo-i= cf 0073) U.S. Nucles: Rer:1 story Com. censumers, and differences in judg-d :r.
and hare-r vehicles. Those miss:en. Office of Standards Develop-
=ent as to the necess!'.y fer addtfenal State and local rmirt= ent.s are ment..Y.ay 1976 (single copies may be Federal scrutby of ra.dicact:ve mated-rourt.ly ec=; arable L3 Federal re-obtained by writing to Dhmon of 2 m.e W W ray, m Em te a erna es an probably in as-qu:re=ents in 49 CTR part 352 Sec-Technical Infor=.ation and Document tic 297.3 s ates:
Centrol.
U.S.
Nuclear Regulatory $"
E
- h-9., s s
~
(
,f gJs?.J St:Is cM Ioect tet:s, cW:.c.ces.
Cc-4mn. Washington, D.C. 20555). draft regulatcry evaluatten. available cM rer :chons.
(4) E=nic== ental Survey of Trans-for inspmfon in the public docket.
pcr*.aden of Radioactie M.atenals to tentatively concludes the i=ple=enta-Dery =cter utacle ccatam=r is:1tous
= ate.a;s =ust be eme.: a.=: partec = c =. and fro =2 Nuclear Power Plants tien of the rer.:Jatory exa=ples below
- m -~ w.= tas Lars. c--~ ~ a
- 4 reru.
(W ASL1238).
U.S.
Atc=fc Energy would prCbably not ha'.e =2jor eco-lanc.s et tre fur.se:c-:c: 1: r:sen n u Co--"en. Directorate of Regula-nocue consequences u= der Execuuve de::: cpe-M. unless cer m.t as etc.anc' tery Standar!.s. Dece=ber 1972 (copies Order 20044.
b-f.a a.
- a. L e
available frc=1 the Nadonal Techmcal A. Require complicace tc radiocc-the ete a:.;c: et taat eta:::e and wr.m I:.fermaton Semce fer $7.05),
tire mete tcIs htchtccy ccrne tettA a
- = pose a more s=. :e=t c41: Tace: er re-In addtfon. the Nuclear Regulatory re ter:1 routing r.de to be catabli.shed stra::s Cc--Won has centracted for a ge-b7 MT3. The test of 49 CFR 397.9 A third rer.daticn. Issued tmder the seric environmental assessment on might serve as a model for develop-Er.L. ap; teres. certal: hazardous' transportation cf radioactve =atenals mest of a gener:J routing requ:rement matenals restnetic s i= posed en the near or through large densely populat. Manations would require an exe=p.
use cf tunnels by State or local au-ed arts.s. Results cf this effort will be t2cn under par.107). Specific route ap-proval or M7 of highway carners thc.mty (49 CD. 177.310). Secten considered as they become avanzble.
w uld not be necessary er poss:ble.
177.810 states:
The ite=s usted are available for B. Require ecch hight:cy ccrner to g 1 7.g e m.:.hr tw.eis.
p"* L:spection in the MTB docket be lice-tsed only for vcncnce from rc.
r o Copies may be obtained from diocctive = te scis routes permitted Nc+-e ec:tained b pa-ts 1 0-188 of this s;b ter s:2.1 de so ecc.s=u.ed as to :.:ln-
- he puMkH9g age:cies or, where indj-unde-a gent-=lly cpplie:ble MTS ty or sut>e. sece resdaDo=3 efA=hshed.ang cated. from the National Technical In*
routing ride. buf permit voluntary li-pu:csted uneer auttertty et s:a:e sta=;te for ation Service. Spnngfield. Va.
ee t.stng. Alternative 3. a part:al licens.
cr =u=r::al cr*~ ressrec.ar the t=d.
21S1 (pay =ent to NTIS should be en-ing sche =e. would have =any of the cza. a.:ter. cr cuaruty of any ta: art'.ous =a-closed).
features of alternative C a full licens-
"*j*h N [.
C 2"he need for consistent rules. Con-ing scheme, outlined below. However.
6:::el u3ec for =asa trsaspct acce.
sistency accng Federal. State, and alternative B would involve the estab-Iocal transportation requirements af.
lishment of a general Federal routi=g S-etens 397 3 and 307.9. and secton fects both effi::ency and safety in rule under which much or most high -
177.310(a), tales together, reflect t_e transportation. For highway transpor. way carnage cf radioactive matenals fact that routmg of higSway traffic in would occur, with spec:fle route ap-g g
. ' tory re-
%-"dous =atens.!s has be*
a =a=er proval requ: red only for carnage oper-
-ay d ec*. sMMy ba N ements le! pnmanly to 5:. ate sad local ter.2-ations that de; art frem the general m
laj en. and the pn=ciple that such number of ways, such >
rule. Both the general rule, as well as State and local regulacc: should not (1) Route used =ar not be the best avall-any specific route Approvals. might have the actual effer of a.!tegether able:
consider, in addtion to actual routes, fcreidci.g h gsway mponacen be.
(D C:stusion rmJtic.g frc= differences =atters such as carner fitness, travel tween any two points, even where b Wy esforced mes car resc b non.
times. and ava.ilabillt" of alternate CO--!WN wtth estbe Federal cr local other =oces of trl:.rportation are
,.y methods of transportation other tha.n' ava:!able. These pronsicrs constittate tn aeroutier that results fre= a locally highway carnage. The general ruje or the present posture cf DOT highway. posed rule =ay have useonucerec ene-ts a specific route approval. would be suf-rout;. g pCllCy.
on other localiQes. espe"2117 C3 tuelt e=2er.
f!Cient authority for highway carnage in 2:CutiCn to these prot".sions, there gtscy respons2bilinel operations Conducted in CoCpliance However, regulatory uniformity may with applicable Federal requirements.
are also a number of publications and State and local requirements not avanable. concerning radjoach p not be always desirable or possible*
nals t a.nsportation which n11 be con-consistent with those Federal require-due to local transportation conditions side ed in th:s docket. The list below is Inents would be pree=pted.
and the emergency responsibilities of This alternative could also provtde not inclusive.
(1) P.nal Envirc:= ental Statemeng local authonties. There are therefore for specific route approval, when justi-on the Transportation of Radioact:Te ;racdeal li=its on the possible scope fled, on a voluntary basts upon appli.
M2tenal by Air and Other Modes of smiform or exclusive EMTA routing cation by a carner. or as a requtre.
(N'UR.rG-0170 ). U.S. Nuclear Regula
- requirements that might be developed ment upon application fic= a State or tor / Cc---on. Office of Stanciartis in this docket.
local gover==ent. Spec:fic route a,>-
FCERA: 21GsTU. VOL 43. NO. Mr TNUt1 DAY, AUGUST 17,1973 o V WmN 3
~
2160 200 M %
ha
c 3
36494 PitOPOSED RULES prerd redd be used pr.=zrily for s!. tire c.atena] by highesy unless the Do loco ec=d:uens ef-t s route sekeuen cadens intc!r.=g t= usual local ec df.
route used were previously approved necess: tate todmdus! Fecerd eaa.=.auer.?
11 detaded ex=~~= tion of rushrar routes is tic s c routes brcInst substantial by M"I'B. Consequently. ex: sting rout-ing pr2:tices would have to be phased DQ}[ vast procedures aheed it de cc:trore sy, C..:.e. f re eccA hirbecy ectrier to out grsdually. to reduce confusion an-
<s) what accuen! coats =ay be inrohed ce==ert:11 d.:.stu; tion. The mechanics it cer router rules are deveicted and u=.
be lier. sed for ecch r:diocefire rte:e.
rt:.! r :e. This 2. hema.ive would re-of this alter stjre resemble those cf ple:nented? How are those cesu timely to affect sh2ppers. camers. Fede a!. S.2:e. a.cd qu:re ete" "'-"wa-carr.e* to ottt the process now used by MTB in issu.
- n
- : d 1;;rcT-d c!L:7 route to be ing exem; tic 3. I=;1e=enting this a3 spegen uhs. as me puM t, g temstre mir require subs 2= Mal ao (1) What are the likely casu and be:ef:u
- u. sed i: the in.spmanc cf racea.:.
cte =. ate.r.fs. The c2.-.er =ist IDe M-'nraure resources.
cf taams no acuen?
- eposed routes su; ported by a state-D. fr.ste d e St h er Rer'd 20 4 (D Do m *.
- dismtues between state me:: cf sziety 3rd funsd!nienz2 e :. Co.muste. to crride7 rating re.
and local rwes conce- =s tusnaar camage rs a-ter.Als see. to t4 car =o.
s:ce st::s. Putu: ec==ent rodd be sinctic s /cr its lice scre The Nucle.
5:11::ted. If the es.e 's proposal were at Rerdatcry Co-'*c addresses a.cee;ted by MTB. it redd auther.:e routes used to trs=.Tport special nu:le-A hesnns wi!J be held to censider ar =atenals (10 CTP. part ~3) a:d has tiews on this advance notice, at a ti:=e cz
.e cpe sucs under the p11: ic t ee.sa: 14.~ perhaps 2 years.711: 1p-the authority to cess: der rout:s in and place to be subsequently 10 prov.] =cdd ;ree=;; State 8.nd local both resalitcry 1 d licens:rg proceed
- nounced. Drifters of this document require =enu not ec r'. stent Eth it, ings.
a.re Douglas A. Crockett. Office of bt. ceu;d =1te fede t!2r er.forceable
- m. Pa m. rom Ccmm m-edous Matenals Regulation.
those Sta e t=d locr! requ:re=eru ti-MTB. and Gecrge W. TerJey. O!!!:e of Ccz=.=ent is solidted c the preced. the Chief Counse!. Research 1:d Spa-f e:.1:c the ez: ter whid are ects.st.
ett nt*; t: e ;123. In sc=e cases. spe-ing dj.scuss:o
- a. d on the questic s cial Programs MM.tratior-c:d 1:222,* i= posed ret *.ure=ents below.
Cc== enters are advised that se: tics 2 :.ght te ex;ressly in:crporated into Should radjoacdve =Aterials be sub. 105(b) of the 4 A requires DOT to the ;11: ty the carr.e c MTB.
ject to more sin: cent Federal high-11 tot'ld be =e**W'T to esMD11sh T17 TCut! S require =ests than =O7 state Cc==erce Ccf-m'"}c: before is.
s:=e gerer22 c :te :a by Thich route g gy 49 gyp,3 g,g, sui C any resu!1 Con Ath respect to plis.s Ceuld be judg*d As != LItem1*
II
- the routing Cf hsf.2.rdous Inster.als.
tite 3. 01 ters Thich =jsht be eI1:2-(t) What types, quascues and fem cf
- 4.. ig g e et t g% e=
radmac-Se '
s** ials stould be cc s: ered?
ArracP.rrr-49 U.S.C.18:3. Ita.1E!!. 49 10 j..
cO...,a 1 d aM 02bi.II!7 cf alter' (2) WhJr bese!!ts =ugtt be n.:haeves!?
CFR 1.53(e) and paragraph (sX4) ci a:p. A t 15C " ~ **
- s.te =ecod.s cf t z=sperutjen. Such (s) what tacte.s e ascue: to populates to part tc:.
c:. ten.ddit
-+"y would be useful to dens:ty med hastray concus:s abodd be h-m mte-e gutt r? Bureau has'de-e- : sed that ths'ersation e-cc=sadered tu cc=m ac.2 c: nth cz n ers 1: preps:: t ;12. s. t d to aevas:e
- Sute 1:d locs2 cover==esu in = "~- Ehd d **" #*#**' #.d' :su _, t_ ss as nottee r.11 not result is a ma;:r ecenc=2:
c=e: reset resac se tra.
for envers, 1
8 I '"d*# th' #'~* *I F*'*22" O'C" iste nig S tir high :17 reguinery pro-
,7,c;32,qwpmes;, a7 23, ope.anns conves-I*
""d
- 1 M O*:U 8 " d23'3 tesce and efficae:ry cf the camer? Etodd (43 FR 9581). A res.'21 story eval;,:.at::=
g 2.=s.
- s At t.he c d Cf the terts. a carr'jer t ese imeters be ccas: cered ts place of rout-arallable is the dociet.,
c=uld Ce for re eral. At that ti=e his 1:s' H)How would addjuenaJ Feders] rules Issued in Wa.thingica.
D.C..
c safety record. r.=d ec=duens a.ffec:.:rg h.s perfer--"ce, osuld be erslutted. [ ~,,,
,,3,',',$.1Q,Q August 10,19 8.
C*2 Eg.1: ty a publ!: Proce=. Under 50=e enest is s eater u-de= ny in state and Docc:as A. CRocrr:.
c:rn:=. nances, and subject to proce-locnJ requ2.re=ests ces:rssie, a:d to what Acfing Assoetete Direef or for cu 12 cc sidersticus, the ca.rrier's plan ene:8 ac JeTar2e throuca Feceral rule =az.
Ncacrdou.s Mate-2s Rc;de.
1:g4 t;- oral crdd be revoted er :nodiced (5) k-' tat ktsd of Pedersl rule is desirable?
ficn. !Jctencls Trc.' sport:: ton De f"C ?t *d 8 CO I.,,,~-
Is a remers.1 ed DOT requ2re=ent prefe -
B urecu.
This aMr:1tive would ~11e it 15-s.Me to a procedu - ttat c=ta:is as mcrieu.
possible to more a desigasted radjoac. alDOT m auen of sc=e or a!! routes?
CFR Doc. 78.:; 38 F0ed 6-16-72; 5:43 a=2 J 8 4L e h g-n E, 2160 201 71 Dita 1 if Gt!TR. VOL. 43, NO.160-THUt.sDAY, AUGUST 17, 1973
3 MAR 2 1973 Dr. Jaras D. Palcer, Administrator Research and Soecial Programs Administration Departnent of Transportation Washington, D.C.
20590
Dear Dr. Palmer:
The Ccanission has approved the enclosed version of the revised Memorandum of Understanding between our two agencies on the transportation of radioactive materials.
Mr. Frank Ingram, in our Office of Public Affairs-(492-7715) is the point of contact fcr arranging a formal signing ceremony.
Sincerely, p wnLam J, n.rda William J. Dircks, Director Office of fluclear Material Safety and Safeguards
Enclosure:
As stated 2160 202
s MEMORANDUM 0F UNDERSTANDING BETWEEN THE UNITED STATES DEPARTMENT OF TRANSPORTATION AND THE UNITED STATES NUCLEAR REGULATORY COMMISSION FOR REGULATION OF SAFETY IN THE TRANSPORTATION OF RADI0 ACTIVE MATERIALS 2160 203
Abstract.
This agreement delineates the respective responsibilities of the Department of Transportation (DOT) and the Nuclear Regulatory Commission (NRC) for the regulation of safety in transportation of radioactive materials.
It supersedes the existing agreement executed on March 22, 1973. between the DDT and the Atomic Energy Commission.
Generally, the DOT is responsible for regulating safety in transportation of all hazardous materials, including radioactive materials, and the NRC is responsible for regulating safety in receipt, possession, use, and transfer of byproduct, source, and special nuclear materials.
The NRC reviews and approves or denics approval of package designs for fissile materials and for other radioac-tive caterials (other than low specific activity materials) in quantities exceeding Type A limits, as defined in 10 CFR Part 71.
Agreement Between the D0T and the NRC.
The Department of Transportation (DOT), under the Transportation of Explosives Act (18 U.S.C. 831-835), the Dangerous Cargo Act (R.S. 4472, as amended, 46 U.S.C.170), Title VI and 902 (h) of the Federal Aviation Act of 1958 (49 U.S.C. 1421-1430 and 1472(h)), the Department of Transport-ation Act (49 U.S.C. 1655), and the Hazardous Materials Transportation Act (49 U.S.C. 1801-1812), is required to regulate safety in the transporta-tion of hazardous materials, including radioactive materials.
2160 2.04 '
")'.
The Nuclear Regulatory Comission (NRC), under the Atomic Energy Act of 1954, as amended (42 U.S.C. Chapter 23), and Section 201 of the Energy
?,sorganization 'ct of 1974, as amended (42 U.S.C. 5841), is authorized to license and regulate the receipt, possession, use, and transfer of
" byproduct material," " source material," and "special nuclear material" (as defined in 42 U.S.C. 2014).
The NRC authority to license air shipment of plutonium is further governed by P.L. 94-79.
For the purpose of developing, establishing, and implementing consistent and comprehensive regulations and requirements for the safe transporta-tion of radioactive materials, and avoiding duplication of effort, the DOT and the NRC agree, subject to their respective statutory authorities, as fol. lows.
Terms used in this agreement are defined in 49 CFR Parts 100-199 and 10 CFR Part 71.
I.
Develooment of Safety Standards A.
The 00T (in consultation with the NRC) will develop safety standards for the classification of radioactive materials; for the design specifications and performance requirements of packages for quantities of radioactive materials (other than fissile materials) not exceeding Type A limits and for low specific activity (LSA) radioactive raterials; for the external radiation fields, labeling, and marking of all radioactive materials packages and vehicles; for 2160 205 the, mechanical conditions, construction requirements, and tie-down requirements of carrier equipment; for the qualifications of carrier personnel; for the proteaures for loading, unloading, handling, and storage in transit; for any special transport controls (excluding-safeguards) necessary for radiation safety during carriage; and for all other safety requirements except those specified in the next paragraph.
B.
The NRC (in consultation with the DOT) will develop safety standards for design and performance of packagcc for fissile materials and for quantities ;;t ather radioactive materials (other than LSA materials) exceeding Type A limits in the following areas:
1.
Structural materials of fabrication; 2.
Closure devices; 3.
Structural integrity; 4.
Criticality control; 5.
Containment of radioactive material; 6.
Shielding; 7.
Generation of internal pressure; 8.
Internal contamination of packages; 9.
Protection against internal overheating; and 10.
Quality assurance of packaging design, fabrication, testing, maintenance, and use.
2160 206 I
t II.
Adootion of Safety Standards and Reaulations A.
The DOT will adopt regulations imposing on shippers and carriers subject to its jurisdiction those standards developed by the 00T and the NRC pursuant to Section I of this Memorandum of Understanding and any additional requirements necessary to protect the public health and safety.
The DDT will require NRC approval of designs of packages for shipment of fissile materials and other radioactive materials in quantities exceeding Type A limits (except LSA materials) by all persons subject to the jurisdiction of the DOT.
The DOT will issue complete and comprehensive Federal regulations for the packaging and transportation of all radioactive materials as a part of its overall body of Federal regulations (49 CFR Parts 100-199) for the packaging and transportation of all hazardous materials.
B.
The NRC will adopt packaging standards for fissile materials and for quantities of other radioactive materials (other than LSA materials) exceeding Type A limits and will adopt regulations imposing on its licensees administrative, procedural, and technical requirements necessary to protect the public health and safety and to assure the common defense and security.
2160 207 -p..
C.
The NRC Oill adopt procedures, standards, and criteria for approval of package designs and for approval of special transport controls proposed by the applicant for a given package design.
The NRC will require its licensees to comply with the DOT regulations-when those persons are not otherwise subject to the DOT regulations.
III. Packace Review A.
The DDT will submit to the NRC for review the following package designs:
1.
Specification containers.
Approval by the NR: of package designs for fissile materials and for radioactive materials (other than LSA materials) in quantities exceeding Type A limits will be obtained before publication of such designs in the 00T regulations.
2.
Packages with foreign certifica6fon.
Approval by the NRC will be obtained before revalidation of the foreign certificates required in the DOT regulations for packages shipped between origins and destinations within the United States, except for import and export shinments.
Approval by the NRC is not required if a package is used solely for export or import or if a package is authorized by the DOT regulations solely for 2160 208 e as e ai
a t
transportation through or over the United States between origins and destinations outside the United States.
The DOT has the responsibility for exercising discretion as to whether it requests liRC review of such packages.
3.
Any package for which liRC evaluation is warranted in DOT opinion.
B.
The liRC will evaluate package designs for f.issile materials and for other radioactive materials (other than LSA materials) in quantities exceeding Type A limits and will, if satisfactory, issue approvals therefor (viz., a license, Certificate of Compliance, or other package approval) directly to the person requesting the approval.
IV.
Inspection and Enforcement A.
Each agency will conduct an inspection and enforcement program within its jurisdiction to assure compliance with its requirements.
The NRC will assist the DOT, as appropriate, in inspecting shippers of fissile materials and of other radioactive materials in quantities exceeding Type A limits. 2160 209
B.
The DOT and the NRC will consult each.other on the results of their respective inspections in the areas where the results are related to the other agency's requirements, and each will take enforcement action as it deems appropriate within the limits of its authority.
s V.
Accidents and Incidents A.
The 00T will require of all carriers subject to its jurisdiction the notification and reporting to the DDT of accidents, incidents, and instances of. actual or suspected leakage involving radioactive material packages if such an event occurs in transit and the DOT will promptly notify the NRC of such events.
B.
The NRC will require of its licensees the notification and reporting to the NRC of accidents, incidents, and instances of actual or suspected leakage involving radioactive material packages if such an event occurs prior to delivery to a carrier for transport or after delivery to a receiver.
The NRC will encourage the Agree-I ment States and the 00T will encourage the non-Agreement States to l
States which have entered into an Agreement with the Atomic Energy Co::nission or ~the NRC pursuant to Section 274 of the Atomic Energy Act of 1954, as amended, under which the NRC has relinquished to such States the majority of its regulatory authority over source, byproduct and special nuclear material in quantities not sufficient to form a critical mass.
7-2160 210
impose incident reporting requirements on shippers and receivers subject to the States' jurisdiction.
C.
In all accidents, incidents, and instances of actual or suspected leakage involving packages of radioactive material regulated by the NRC, the NRC will normally be the lead agency for investigating the occurrence and preparing the report of the investigation.
The DDT may either participate, as appropriate, in the investigation with the NRC as the lead agency or conduct a separate investigation.
Subsequent to each investigation involving radioactive material regulated by the.NRC, the NRC and the DOT will jointly define the scope of the enforcement actions to be taken by each agency to assure that shippers and carriers are subject to concurrent and equivalent enforcement actions but not unduly subject to duplicate enforcement actions.
D.
This section V does not affect the authority of the National Transportation Safety Board, which is independent of the DOT and the NRC, to receive accident reports and to investigate transpor-tation accidents.
VI.
National Competent Authority A.
The 00T will be the national.. competent authority with respect 2160 211
to the administrative requirements set forth in the Regulations for the Safe Transport of Radioactive Materials of the International Atomic Energy Agency (IAEA).
In issuing certificates of competent authority for the United States under those regulations, the DDT will require for certain packages other than DOT specification containers an NRC approval in accordance with Section III.A. of this Memorandum of Understanding.
The NRC will provide to the national competent authority (DOT) technical support and advice pertaining to the transportation of radioactive materials.
B.
The DOT will act as the representative of the United States to the IAE; and other international groups on matters pertaining to the administrative and safety regulatory aspects of transportation of radioactive materials.
The NRC will provide technical support and advice to the DOT in this capacity.
VII. Exchance of Information A.
Prior to issuance of any regulations by either the DOT or the NRC involving transportation of radioactive materials, each agency will advise and consult with the other to avoid possible conflict in regulations and to issure that:
(1) the regulations will afford adequate protection of the health and safety of the public; (2) the effect of these regulations will.not be inimical to the common
-g-216 0 2.> 12'
- = =,
t defense and s curity of the United States; and (3) the regulations are in the public interest.
B.
The 00T and the NRC will exchange information, consult and assist each other within the areas of their special competence in the development and enforcement of regulations and procedures.
Each agency will make available to the other, subject to security requirements and statutory provisions affecting the release of information, summaries of inspection records, investigations of serious accidents, and other matters relating to safety in the transportation of radioactive materials.
VIII.
Workino Arranaements The NRC and the DDT will designate appropriate staff representatives and will establish joint working arrangements from time to time for the purpose of administering this Memorandum of Understanding.
IX.
Effect A.
Nothing herein is intended to affect the statutory exemption of shipments of radioactive materials made by or under the direction or supervision of the Department of Energy or the Department of Defense in accordance with the provisions of 18 U.S.C. 832(c).
B.
This agreement shall take effect upon.the signing by authorized representatives of the respective agencies, and shall supersede in its entirety the March 22, 1973, Memorandum of Understanding between the DOT and the Atomic Energy Commission.
C.
Nothing in this Memorandum of Understanding is intended to restrict the statutory authority of either the DOT or the NRC.
Done at Washington, D.C.,
in triplicate, this day of 1979.
FOR THE UNITED STATES DEPARTMENT OF TRANSPORTATION Brock Adams, Secretary of Transportation FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Joseph M. Hendrie, Chairman, Nuclear Regulatory Commission 2160 214.
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_sO!cNOc AND TcCHNOLOGY Taxamsons (sis) 755-4150
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Can Rapst,Tamessac 37830 ElastIngton, D.C.
20515 T - "'"'"d'"
January 29, 1979 Joseph M. Hendri.:, Chairman fluclear Regulatory Commission 1717 H Street fiW Washington, D.C.
20555
Dear Mr. Hendrie:
I am deeply concerned about an accident which occurred Sunday evening in Monteagle, Tennessee.
As you are probably aware, a tractor trailer containing radicactive waste material collided with another vehicle.
I have been informed by a Tennessee operations officer that this truck was carrying 46 containers of cobalt 60 and cesium 137.
Even 'though there was no leakage involved in this incident, I am still very much concerned over the possibility that this situation could be intensified in the future.
I would, therefore, respectfully urge that you direct your Conmission to begin an immediate investigation into this route.
I am worried about the safety of this route, and I am wondering if another route could be established.
Your prompt attention to this request will be deeply appreciated.
With best wishes.
Sincerely, 9% Of(
MARILYt1 LLOYD BOUQUARD Member of Congress MLB/fg 2160 215 D'