ML19320B790
| ML19320B790 | |
| Person / Time | |
|---|---|
| Issue date: | 06/24/1980 |
| From: | Ryan R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Santman L TRANSPORTATION, DEPT. OF |
| References | |
| NUDOCS 8007150044 | |
| Download: ML19320B790 (24) | |
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- l June 24, 1980 Mr. L. D. Santman, Director Materials Transportation Bureau U.S. Department of Transportation Washington, D.C.
20590
Dear'Mr. Santman:
Thank you for your letter of March 25, 1980 and your draft report on the State Transportation Surveillance Program.
I have enclosed a marked-up copy of the report with suggested changes, and updated versions of Appendix I and II.
The Nuclear Regulatory Comission (NRC) is prepared to join the Department of Transportation (D0T) in shifting the emphasis of the current program from monitoring and data collection to standards enforcement by the States.
As a first step, we suggest drawing up a model contract, to be awarded to one or two carefully selected States.
I, therefore, suggest a joint meeting between the NRC and the DOT, sometime between July 8-11 at a mutually convenient location, to discuss this approach and to develop a plan of action.
If you agree, please have someone contact Marie Janinek (492 7794)
'to arrange the details.
In addition to our own staff, I expect NRC to be represented at the meeting by personnel from the Offices of Nuclear Material Safety and Safeguards, Inspection and Enforcament, Standards Development, Executive Legal Director, and the Division of Contracts.
I am enclosing a proposed agenda.
If we are all in agreement, perhaps we could even sign the report at that time.
We look forward to meeting with you and other members of the DOT in order to move on to the next phase of this important program.
Sincerely, N
Robert G. Ryan, Director Office of State Programs
Enclosures:
As stated THIS DOCUMENT CONTAINS POOR QUALITY PAGES
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r-PROPOSED. AGENDA FOR JOINT NRC/ DOT MEETING CONCERNING STATE TRANSPORTATION SURVEILLANCE PROGRAM 1.
Finalize DOT /NRC report discuss, evaluate, and modify the report; or sign the report 2.
Discuss concept of model contract
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determine short-and long-term goals 3.
Select States to approach discuss and chcose criteria upon which to evaluate States 4.
Determine requirements of model contract basis for State authority to conduct enforcement scope of work duration funding (amount? matching funds?)
6 5.
Develop plan of approach to States determine which State agencies or individuals should be approached develop method of approach 6.
Consider responsibility for future administration of program J
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STATE SURVEILLANCE OF RADIOACTIVE MATERIALS TRANSPORTATION A Review and Prospectus A Joint Program of the Department of Transportation and the Nuclear Regulatory Commission 3
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bh 1980 Materials Transportation Bureau Research & Special Programs Administration Department of Transportation Washington, D.
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20590 Office of State Programs U.S. Nuclear Regulatory Commission Washington, D.C.
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20664 Ar 1980 A2 U a
For several years, our respective c h&ssiritions have been partners in an effort to enlist State assistance in our monitoring of the transportation of radioactive materials.
Because it is appropriate that we provide a public accounting of such activities and because this effort is taking on new dimensions and added significance, we have prepared this report.
We believe that it provides a concise discussion of what has been accomplished, where we are today, and what can be seen ahead.
L.
D.
Santman Gv-WruWeYf. W ft, Q u Director Aeti-rsg Director a
Materials Transportation Bureau Office of State Programs Research and Special Programs
Nuclear Regulatory Commission Administration Department of Transportation
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TABLE OF CONTENTS Page I.
Past and Current Efforts 1
II.-
FY 8 Funding and Program Management 2
III.
Future Program Direction 3
IV..
Possible Need for Formalizing the Program 5
APPENDIX I DOT /NRC Radioactive Materials Transportation Surveillance Program - Expenditures and Funding APPENDIX 2 Synopsis of State Radioactive Materials Transportation Surveillance Contracts as of Occc-icr 1977
/97o APPENDIX 3 Status of Federal Hazardous Materials Regulations Adopted by States as of March 27, 1979 APPENDIX 4 Agreement State Program APPENDIX 5 Memorandum of Understanding /etween the Department of Transportation and the Nuclear Regulatory Commission 4
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I.
Past and Current Efforts In 1973, the Department of Transportation (DOT) and the Nuclear Pegulatory Commission (NRC) initiated a joint effort to obtain the assistance of State and local radiological health egencies in conducting surveys and collecting information about the transportation of radioactive materials (RAM).
The initial
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y contracts,during 1973 bhrough 1975,were with nine States and New York City.
The contracts were of about three months' duration,
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and t-he reports inc,ludedsdata which:
(1) provided indications of n
types and numbers of radioactive materials shipments through key locations, (2) identified some violations of the regulations, and (3) indicated that, except for a very small fraction of the trans-portation community, the radiation exposures received by individuals appeared to be quite low.
This information on RAM transportation conditions was used by both the DOT and the NRC-for standards evaluation and 5er identify +eg ce#pliance problems.
Following the
'J initial short-term contracts, several States expressed interest in participating in studies of longer duration.
Contracts have been awarded to the various State agencies that have responsibilities for radiation control.
The funding provided by DOT and.NRC has only partial 1y supported the efforts,,,probably never more than matching State funding.
Appendix 1 lists the participants and
,19 9 describes the funding from 1973 through 10.70.
Appendix 2 provides a brief description of the efforts of each State under contract in-r1570.
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. Other States which have expressed interest of varied degrees in participating in this s'urveillance program include Maryland, Virginia, Texas, New York, New Jersey, Wisconsin, Connecticut,C+"A Tennessee, and " vadcc.
Thni-a rr e c c c d i n ter-es t " w i a _M-r-om--being Th.
nea:4y--ready--to-sign-a-nepM en? contract tc tcicphcre, inquiries m
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- a. rom /ersonnel in non-radiological agencies that have u.'forcement a
interest'but lack technical or statutory capabilities.
A commonly expressed deterrent to.parpicipation by some States is the modest Q. h 44.sQ n_1, W A
s fundind since the investment in technical resources (personnel, s
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.. h. a 4 training, instrumentation, etc.)A israther#signi[icant.
SeWral States have suggested $50,000 per year to be a threshold figure.
Some States have associated their interest in the surveillance program with obtaining better knowledge on RAM transported through the State for purposes of emergency response planning and pre-paredness.
/Wo II.
FY &O Funding and Program Management w' ' ' ' '-
lite The fundingsfor the program.for FY 80 is expeeted Lo ac S150,000 from the Materials Transportation Bureau (MTB) of DOT and $110,000 from the Office of State Programs of NRC.
The Bureau of Motor Carrier Safety of the Federal Highway Administration of l
DOT expressed a desire to provide some direct funding but has not yet been able to identify eny available funds.
The matching funds ("Section 402 funds') available from DOT through the Highway Safety Act of 1966 have been utilized by some States very imaginatively.
Specialized equipment and training related to hazardous materials transportation emergencies have been acquired under this program.
A State's eligibility for matching funds is dependent on having a highway safety program that meets certain criteria and formulas that involve a number of related factors.
The Federal Highway Administration and the National Highway Traffic Safety Administration administer this program.
w.e LJ The principal cognizant person 5ec the surveillance program 3
at DOT in the past has been a health physicist in the Office of Hazardous' Materials Regulation (ORMR) of MTB.
This responsibility has recently shifted to a radioactive materials transportation specialist in the Office of Opc ntions and Enforcement (OOE) of MTB with technical support from a health physicist in ORMR.
This 3
W change es prompted by the desire of both DOT and NRC to shif t the program emphasis towards standards enforcement by the States rather than just the collection of data for standards evaluation and compliance assessment.
QL AlAC. o W_nc,ipal 40gnizant -perscn at U'1C Jill mh_
ts --h c Statp relations specialist located in the Office of State Programs o.1-Wa &y
^with continued technic,al su cort from other NRC offices.
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. '__ - 51'M nJ d>> expected that the NRC OfIi.., e 1,44. k ce of Inspection and Enforcement will be involved more than it has in the past.
The contract adminis-g >uv. _h tration responsibilities will continue,, tdi e with NRC's Office of b
State Programs.
III.
Future Program Direction The DOT and NRC have agreed that the principal objective of g j,e0.. b u the program will be shif ted towarde enforcement of the RAM trans-portation regulations by the participating States.
The program i
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will continue to support standards evaluation and guide Federal enforcement efforts, but not as a primary objective.
Since the
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major concerns with RAM transportation -- ioth qualitative and quantitative -- involve highway transport, States will be encouraged to adopt the Federal star.dards relative to motor carrier and RAM transportation safety.
This is 6 first step toward State enforcement of a uniform standard.
Appendix 3 identifies the degree to which the various States have already adopted the Federal hazardous materials regulations.
Adoption of such Federal standards by the States provides them with legal authority to inspect and enforce with regard to both intrastate and interstate highway shipments.
It also has the benefit of promoting nationwide uniformity.
Priority for new contracts or contract renewals will be given to those States that demonstrate statutory and Sechnical capability for enforcr. ment.
It is recognized that States that undertake enforcement activities will make greater commitments of resources; Q, L_g L.
therefore, higher levels of DOT /Snc funding will be considered
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for those States that mche co :.c2t catc for enfdbeement.
hew con-c tracts without provisions for enforcement activities will continue e_ m i......... of to be limited to ac crc thar 5the $20;;000 per year.
The present Rto combined DOT and NRC funding for the program for FY && appears to be adequate to support the expected contracts if none exceeds
$50,000 per year.
In the negotiation of new contracts, the primary and supportive roles of the radiological safety agency and law enforcement agency I
in a State should be considered.
To enhance enforcement efforts there may be advantages to arrangements whereby the enforcement agency has the primary contractual performance responsibilities Gw =*.,q,a.Qcn %+s u wAandreceivestechnicalsupport[romtheStateradiologicalagency.
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Another priority consideration for awardibg conkracts will be the degree of readily identified RAM transportation in the State.
Examples are States with existing or planned low level waste burial facilities or major nuclear materials processing, transfer, or storage facilities.
It is intended by DOT and NRC that this program serve to encourage States to join and share in enforcing a uniform set of highway transportation standards for RAM.
This is consistent with the broader DOT objective of encouraging the same position for all hazardous materials transportation.
The DOT and NRC will provide States with gu'idance for adoption of the Federal standards.
All pertinent training materials and other resources will be made known and available to the maximum degree possible.
IV.
Possible Need for Formalizing the Program The Nuclear Regulatory Commission's principal statutory eet-he duikority, the Atomic Energy Act of 1954, as amended in 195, provides for " Agreement State" arrangements as a means for States to assume many of the regulatory responsibi_ities related to the possession, use,-and transfer of radioactive materials by licensees within the State.
Before a State is granted " Agreement State" regulatory
. authority it must demonstrate regulatory capabilities and stand-w#.. r p, ards that are. unifeziw with er -Ogui cr.'_ m.m Lv Lhe Federal standards.
The general practice has been for the interested State to adopt the applicable portions of Title 10, Code of Federal Regulations',*
N thereby eliminating discrepancies between States end prob'lems with interstate commerce.
At present, 26 States have become
" Agreement States" as indicated in Appendix 4. M - ## N
/
The Department of Transportation's principal statutory auth-ority, the Hazardous Materials Transportation Safety Act of 1975, along with the Nuclear Regulatory Commission's statutory bases, place the responsibility for regulating the transportation of RAM with DOT and NRC.
The current Memorandum of Understanding between W
f,19 9 9, DOT and NRC,a how as Appendix 5, clarifies the areas of respon-s sibility where statutory provisions overlap.
The Hazardous Materials Transportation Safety Act does not expressly allow for a comparable " Agreement State" arrangement.
Neither does it discourage cooperative Federal / State efforts in fostering the safe transportation of RAM and other hazardous materials.
As this surveillance program matures and takes on the anticipated enforcement dimension, it may be appropriate to con.
sider whether a more positive or express statement of legislative authority is needed.
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APPENDIX 1 D0T/NRC RADI0 ACTIVE MATERIALS TRANSPORTATION SURVEILLANCE PROGRAM AS OF JULY 1980 EXPENDITURES-(thousands $)
Year STATE 73 74 75 76 77 78 79 80 Total Florida 20 20*
40 Georgia 15 22 20 57 Illinois 3
15.1 11.2 20*
49.3 Kentucky 15 15 Louisiana 1
1 Maryland 20 20 Michigan 15 27.5 20*
62.5 Minnesota 2
2 Missouri 3
3 Nevada 15 15
" Ncw Jersey 4
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Year STATE 73 74 75 76 77 78 79 80 Total New York 3
3 New York City 4
4 2
Oregon 2
Pennsylvania 15 15 South Carolinia 1
5 6
13 25 Texas 2
2 Washington 20 45*
65 State Totals 4
18 3
15 50.1 54.2 100.5 140 384.8 Los Alamos Scientific Laboratory ***
11.8 11.8 TOTAL
.4 18 3
26.8 50.1 54.2 100.5 140 396.6
- Estimated FY 1978 obligated funds carried over
- Suninary report of 3-month pilot program l
FUNDING SOURCES (thousands $)
Fiscal Year FUNDING AGENCY 74 75 76 77 78 79 80 Total-NRC/0SP 7
15 35.1 24.2 110*
191.3 DOT /MTB 10 20 87 34 150*
301 00T/FAA 15 30 45 TOTALS 17 20 30 65.1 111.2 34 260*
537.3 0 Estimated
APPENDIX 2 SYNOPSIS OF STATE RADI0 ACTIVE MATERIALS TRANSPORTATION SURVEILLANCE CONTRACTS AS OF JULY 1980 FLORIDA CONTRACT:
First year, October 1979 through. September 1980, $20,000.
AGENCY:
Department of Health and Rehabilitation Services.
NATURE OF EFFORT:
Broad area o'f study, with focus on terminals where RAM mode changes from air to highway, or where highway shipments are dispersed.
Monitors spent fuel shipments from foreign reactors received at the State's ports of entry and transported by truck to northern destinations; uranium yellow-cake shipments from the Central Florida phosphate mining areas; as well as radiopharmaceuticals, industrial source devices, etc.
COMMENT:
Being recently initiated, only two quarterly reports have been received to date.
Expect contract to be renewed for second year.
GEORGIA CONTRACT:
Third year, October 1979 through September 1980, $20,000.
AGENCY:
Georgia Department.of Human Resources, Radiological Health Unit; Subcontract to Georgia Tech Environmental Resources Center.
NATURE OF EFFORT:
Investigation of RAM transportation by rail, air, and high-way.
Focus has been on RAM shipments by air and highway, particularly radio-pharmaceuticals.
Atlanta airport and a freight forwarder facility have received closest study.
First year's report, August 1977 through September 1978, published in NUREG/CR-0931.
COMMENT:
Technical quality and quantity has been excellent.
Data has identified weaknesses in standards and compliance.
Consulted with and advised State and Federal personnel not directly in contract reporting chain.
Expressed ir. tent to terminate effort at end of current contract period.
Georgia Department of Transportation has new requirements related to RAM as result of recent State legislation.
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ILLINDIS CONTRACT:
Fourth year, June 1980 through May 1981, loan of equipment in lieu of funding.
AGENCY:
Contract with Department of Public Health; highway surveillance performed by Illinois State Police.
NATURE OF EFFORT:
Investigation of RAM shipments being moved over highways.
Hazardous materials specialists of Highway Patrol, with special e.quipment, stop and inspect trucks in most' areas of the State.
Contract support has involved providing some of the radiation instrumentation for the Highway Patrol.
Results of first two years of monitoring contained in NUREG/CR-0756 and -1193.
COMMENT: An excellent and unique program.
State police are well trained in RAM and other hazardous materials regulations.
Statutory authority allows full enforcement of all hazardous materials transportation regulations.
During February - November 1979, troopars issued about 2,000 Notices of Apparent Violation, of which about 5 percent involved RAM; but only a very small fraction arc presently b'eing prosecuted.
Inspection reports by State troopers, which the Public Health Department used in preparing contract reports, indicate the troopers were well trained in the regulations.
Regulatory standards and com-pliance problems have been indicated.
Cooperation with Federal and other State personnel has been excellent.
The program in this State could serve as a good guide for other States.
Illinois is continuing in the program, for the fourth year, but may request Federal government to fibance maintenance of equipment and may request regular contractual funding in'the future.
KENTUCKY CONTRACT:
Extended first year, from October 1978 through December 1979,
$15,000.
AGINCY:
Department of Human Resources, Bureau of Health Services.
NATURE OF EFFORT:
Investigation of RAM shipments by highway, rail, air and water.
Most observations were made of highway carriers.
Trained Highway Department personnel at weighing stations on RAM transportation regulations.
COMMENT:
Loss of personnel when program was beginning to take shape greatly impaired results and resulted in State decision not to continue into second contract year. An outline of an excellent training program planned for weigh
' station personnel was included in one report.
Study indicated more RAM shipments than originally expected; most were by highway, with personnel radiatior. exposures very low.
Kentucky report will be published as a NUREG document in mid-1980.
State indicated possible interest in enterina into another contract at some future time when resource problems (mainly' personnel ceiling).are resolved.
_ MARYLAND CONTRACT:
First year, June 1980 through May 1981, $20,000.
AGENCY:
Department of Health and Mental Hygiere.
NATURE OF EFFORT:
Broad area of study to mcnitor radioactive materials through various modes of transport.
The State shall provide substantive documentation concerning serious or recurring violations in order to permit Federal enforcement action.
COMMENT:
The NRC consultant from the Los Alamos Scientific Laboratory and a compliance specialist from the DOT Materials Transportation Bureau will visit the projected monitoring sites in July 1980 and will assist the State person-nel to set up the surveillance program.
MICHIGAN CONTRACT:
Third year, September 1979 through August 1980, $20,000.
AGENCY:
Department of Public Health.
NATURE OF EFFORT:
Investigation of RAM shipments by highway, rail, and vessel.
Major effort has been on air and highway activities in the Detroit area.
COMMENT:
After a slow start the program has providedixcellent information relating to standards-and compliance.
The flexibility or changing patterns in modes and routing of RAM shipments have been observed.
Data covered nuclear fuel cycle shipments from " yellow cake" to waste from power reactors, as well as medical and industrial applications.
Some of the identified problems with RAM have been observed in other States as well; similarly, sme of these conditions have resulted in occassional radiation exposures at leveis that could be reduced.
Excellent technical capabilities have been demonstrated along with cooperation / coordination with personnei from Federal and other State organizations.
The second year report, from September 1978 through August 1979, published in NUREG/CR-il94.
NEVADA CONTRACT:
A one-year contract, with options to extend annually thereafter for an additional two years, expected to be signed in July 1980.
SOUTH CAROLINA CONTRACT:
Third year, September 1979 through September 1980, $13,000.
B3ENCY:
Department of Health and Environmental Control (DHEC),
Bureau of Radiological Health.
NATURE OF' EFFORT:
Previous years' efforts provided information on air and highway shipments of all types of RAM packages as a result of monitoring vehicles stopped on highways and monitoring of tenninals that handled radio-pharmaceutical and industrial packages.
Results obtained were similar to observations in other States.
Emphasis of the past year has been on RAM waste shipments.into the South Carolina licensed burial facility at Barnwell which presently takes the majority of the nation's low level waste.
NUREG/CR-0266 covers report from February 1977 through January 1978, and NUREG/CR-1434, October 1978 through September 1979.
COMMENT:
DHEC is the South Carolina licensing authority.
They monitor and approve the activities of the burial facility licensee, Chem-Nuclear System, Inc. The data reported on shipper and carrier violations 'of RAM regulations pointed out a need for improved enforcement efforts by DOT and NRC.
The
.information received identified some areas where standards need evaluation--
specifically standards for contamination levels, low specific activity packaging requirements, and quality control requirements.
With the burial facility and major DOE facilities in the State, the nuclear materials shipment activity in South Carolina is probably one of the highest in the country.
South Carolina's present intent is not to continue beyond third year.
' CONTRACT:
First year, September 1979 through September 1980, $45,000.
AGENCY:
Department of Social and Health Services, Health Services Division.
tdTURE OF EFFORT:
Initial efforts involved inspection of shipments into the Washington licensed burial facility at Hanford.
Plans are underway for inspection of shipments for medical, industrial, and government applications.
The statutory authority allows for full enforcement actions by the State.
COMMENT:
Due to the large amourts of radioactive materials being shipped to Washington for burial at Hanford, and the need for monitoring these shipments and taking necessary enforcement action, the amount of the contract was increased from S20,000 to $45,000.
Expected to renew for second year, with funding reduced to $20,000.
APPF.NDIX 3
$!ATL'S Of TDIRAI, EAZA*MJS PA U A1.5 II.T#'.ATICNS ADCFTD BY STATIS AS.CT PARC2 27.1S79
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.,m APPENDIX 5 4
MEMORANDUM OF UNDERSTANDING BETWEEN DEPARTMENT OF TRANSPORTATION AND NUCLEAR REGULATORY COMMISSION (FR 38690, July 2, 1979)
DEPARTMENT OF TRANSPORTATION Matedals Transportation Act (49 U.S.C.#
~ B.Le NRC (b coneulta tien wii the' t
Nuciear Regulatory Commlasion 1801-1812). la requ! red to regGlate safety DOT) will develop safety standards fer la the transportation of hazardous Transportation of Ra$oactive materials, bduding radioactive
. design and perfer=ance of packages for ma terials.
Essile materials and for quantities cf Waterials; Memorandum of other radioactive ma terials (other than Understandin9 ne Nudear Regulatory te ics c LSA materials) exceedig Type A limits ss (NRC). under the Atomic Energy Act of in the foUowing areas:
ne roles of the Department of 1954. as amended (c U.S.C Chapte.r :;U.
- 1. Struct=al caterials of fabricatio=
Transportstion and the Nudear and Section 201of the Energy 2.C!csure devices:
Regulatory Cc==ission in the regulation Reorganization Act of1974, as amended of the transportation of radioactive (42 UAC. 5841). !: authonzed to license 1 Structural bieg ity;
- 4. Criticality control; meredals were described in a and regulate the rece!;t. possession. use.
- 5. Containment cl radioactive eet-erandum of undentandq signed and transfer of"by product material.-
i materir.1:
on June L 1979. ne present source materia!." and "special nuclear L Shieldig; memorandum supersedes a 1973 matenal"(as defined b 42 USC.2014).
- 7. Genera tion of internal pressure-agreesect intween the Atomic Energy ne NRC authonty to license air Cer=iasion and the Department of shipment of pl te=um is funher,,
- 8. !nternal centaminatics of packages:
Transportation. A text cf the governed by Pub. L 94-79.
- 9. Protection agahst bte=al overheating: and memorandum la set forth below.
For the purpose of developig.
Ic. Quality assurance c!packagig i
Radogetive Materials establishing, and i=plemenths consistent and comprehensive design. fabricatioc. testing ~
maintenance, and use.
Absa= t nis apeement de!!nentes regulations and require =enta for the the respeetfve responsibilities of the safe tracsportatien cf radioactive II. Adeph.on cf Safety Stande.vs eng Depart =ent of Transportation (DO"O materials. and avoiding duplicatien of.
ReWcues and the Nuclear Regulatory Commisalon effen. the DOT and the NRC apee.
(NRC) for the regulatics of safety is subject to their nspective statutory A. Le DOT wiU adept regulatiens transportstice ot radioac.tive matenala.
authorities as foDowa.Tenns used b
, imposing on sh!ppers ar.d carden subject to its jurisdiction those It sapenedes the existing agreement in, agrumen,t are defined in 49 CFR standards develeped by the DOT and executed on March :2.,1973. between Pans 100-199 and to CFR part 71.
the NRC
"'**'*" pursuant to Section I of Sis the DOT and the Atocic Energy
- Com=issinn. Generally, the DOT Is L Development ofSafetyStandards 0"* *I U*d'A=di=3 **d 'BY responsible for regulating safety b A.Le DOT (i$ consultation wi6 the additaenal requke=ents necessary to transportaFen of aD hmrdous NRC) will develop safety standards ice protect the public health asd safety.ne caterials. ukeng radioactive the dessification otradioactive DOT wd! require NRC approva] of designs of packages for shipmem of materials, and the NRC !s respo.nsible ma terials: for the design specifications for regulatig safety in rece!pt.
and performance requirements of Essile materials and oder radioactive materials in quantities exceedig Type possessloc use, sad transfer of packages for quantities of radioactiva byproducts, source, and rpecial nuclear inaterials (other than fisa!!e matedals)
A limits (except LSA =aterials) by au materials. The NRC reviews and not exceedig Type A li=!ts and for low '
8, penons subject to the jurisdiction cf the DOT.The DOT wiD issue co=plete and approvea or decies approval of package
, specific activity (LSA) radioactive 1 comprehensive Federal rer.:Jations for designs in: Sasile materials and for -
materiala: for the external radiation
] the packaging and transponatfon of an ether radioactive matenals (other than fields. labeling, and marking cf an radioacdve materials as a part ofits low spe=Sc activity ma terials) b radioactive materials packages and overaD body of Federal regulations (4.g quantities exceeding Type A limits, as vehicles: for the med.anical conditieca.
CFR Pans 1519;) fn Se packagiq de.".ned b 10 CFR Part 71.
construction require =ents, and tie-down and transportatics of aD ha:Ardcas Apeement between the DOTcnd the requirements of carrier equipment: for caterials
'l NRC Le Department of TrarJportation the qualifications of carner penennel:
R. Re NRC wdl adeptlaekagig (DOT). under the Transportation of for the proce&tres for lesding.
E.xplosives Act (IA USC a31-415). the unloading, handling. and stcrate in standards for Essile =ateHals'and for Da.gerous Cargo Act (R. S. 4477, as transit; for any special transport quarrities of o$er radioactice mate-ials amended. 46 USC 170). Title VI and controls (exdc6ng safeguards)
(other than LSA matadals) exceed!q SCCn) of the Federal Aviation Act of necessary fer radiation safety 6=ing Type A limits and wdl adept regulacons 1958 (49 U.S.C 2C2-1433 and 147:(b)).
carriage: and for aD ether safety
!= posing ca its % pes ad=bist sh the Depart =e:t of Transportatkn Act requirementa except those speciSed b i
-(43 USC 1L53), and the Hazardous the next parapaph.
l
?
prce.edural. and tednical requ!rements agency's require =ents, and each wiu International Ato=ic Energy Agency
~
necessary to prote:t the public health tue enforcement action as it dee=s (IAEA). 6 issuing'certiScates of and safety and to assun the ec= mon appropriate widin,the !!=1ts cfits co=petent autho:ity for the United defecie and secrity.
authenty.
States under those regdations, the DOT C. ne NRC will adopt pmceduns. '
stasdards, and cdteria for approval of Y. Accidener cedhacidente W nqu n cenab pahen ode than DOT specification containers as paekage designs and for approval of A.We DOT w U req =n of aH carders - NRC approvalin acce' dan:e with special transport controls proposed by subject to its jurisdiction the notiScatics Section Hl.A cf this Memorandum cf the applicast for a given package design, and reporting to the DOT of accidenta, Understanding. De NRC will provide to ne NRC will requin its licensees to bddents, and instahces of actual or the national competent authority (DOT).
co= ply with the DOT regulations when suspected le akage invohtg radios: tin techn! cal support and advice penaining those persons an not otherwise subject scatedal packages if such an ennt -
to the transportation of rsdioactive to $e DUT regulations.
occas in transit and the DOT will f matcials.
MM M" promptly notify the NRC of ruch eventa E.ne DOT will act as the B. He NRC will nquire ofita A. ne DOT wiH sub=1t to the NRC licensees the notiScation and reperting.
representative of the United States to for review the foHowing package to the NRC cf seddents,inddents, and
.the IAEA and oder international groups desips:
hstances of actual of ruspected leakage on matters perW ? to the
- 1. SpeciScation containen. Approval involving radioactive material packages ad=Inist ative and safety regulatery aspects cf transportation of radioactive by the NRC of paciate designs for if:uch an event occurs prior to delivery materiala. he NRC will pmvuie bsile mateials and for radioactive to a carrier for transport er afin mated Is (other than LSA materf ah)in delivery to a receiver.ne NRC wiH technical suppc:t and advice to the DOT in this capacity.
quantities exceeding Type A I!=fts will encourage the Agreement States 8and be cbtained before publication of su:h the DOT wiU enceurage the neo.
M1 MT* 01 u2/WmCfMa desi;ns 6 the DOT regulations.
Ageement States to impose incident
- 2. packages with foreign certiScation.
reporting requinments on shippers and A.Pnor to issuance of any regulations Approval by the NRC wiu be obtained receivers subject to the States' by either Se DOT or de NRC bvohtg
'oefor-revslidatica of the foreixa Msdiction-transportation of radioactive materials, cert:5 cates required in the DOT.
C. b all seddents, toddents. and each agency win advise and ceridt regdations for packags shipped instances of actual or suspected leakage with the other to aveld possible cenSict between origins and destinati=s within bvolving packages of radioactive b regulations and to assure that-(1) the the Udted Sta tes, except for i= port and material regulated by the NRC. the NRC regulations will a5 erd adequate expert shipments. Approval by the NRC wiu nor= ally be the lead agency for prctection of de health and safety of the is not requind if a package is used investigating de occurrence and publi::(2) the effect of these regulations wiU not be Weal to the co==on solely for export or i= port er if a pnp 8 Jing the report of the bvestigatien. defense and security of the United paekage is authorized by the DOT ne DOT may either partidpate, as regulations solely for transponation apprcpriate, b the.!nvestigation with da. States: and (3) the regulations an in the through or over the United States NRC as the lead agency or conduct a public interest.
between origins and destinations separate bvestigation. Subsequent t B. The DOT and the NRC wiD eutside the United States. the DOThas each f=vestiga tion involvbg radioactive. excherse infor=ation. consdt and the responsibility for exerdsing matenal regulated by the NRC. the NRC ass it each other within the arets of discetion as to whether it requests NRC and the DOT will jointry defbe he scope their spedal co=petence in the review of such packages.
of the enforcement actions to be taken develop =est and enfo::ement of
- g. Any package for which NRC by each agency to assure that shippera regdadons and pmced u.Ed evaluation is warranted in DOT opinion. and carriers an subject to concurrent
,gency win egy,,y,g,3;, g g og B. ne NRC will evaluate package and equivalent enforcement actions but eubject to security requinments and designs for fiss!Ie matedals and for not unddy subject to duplicate statutory provisions afecting the release other radioactive materials (other than enforcement actiona.
of informatioc, su=maries of inspection 1.SA materials)in quantities axceeding D.Ris section V does not affect the records, investigations of serious Tne A 11=11s and will. If satisfactory, autherity of the Na tional Transporta ti" accidents, and other matten relating to -
issue approvals therefor (vi: a licensa, Safety Board. which is ladependent of safety in the transponation of Cen!!icate of Co=Iiante, or other the DOT and the NRC. to receive ndioacdve matedals.
package epproval) directly to the perscn ecddent reports and to bvestigate VIII. Working Arrc.yements requesting Se approval.
transportation ac= dents.
ne NRC and the IX7T will designate IV. inspectica andEnforce. ment VI. Natienc1 Competent Authority.
' apptcpriate statirepresentatives and A. Each agency will conde:t as A. ne DOT wiU be the national a
bspection and enforcement program ce=petent authenry with respect to the
,, e gmefg g withis its jurisdiction to assure administrative requirements set forth b purpose of adminintering this ce=puance with its requirements.ne the regulations for the Safe Tre rpc-t of hm%aEm%-
"NRCWr: TIT 1:e uw. as apprognate. -Radnacuve marais c: me a Effect l
6 inspeet:ng shippen cf EssUe materials A. Nothing herein is istended to a5e'ct and of oder radioactive materials in t
qunctities exceeding Type A hmits.
e w u,.p -
,, e, ac the statutory exe=ption of sh!pments of p=,.m w sween r4 ahb Atock ren Acs el E. The DOT amd the NRC will consult tax. u ods. aan -se e, oc La radioactive materials made by or under the d.rection or ruperdsinn of the i
sach other oc the results of their
,,'g*{Q"*
Depa t=ent cf hergy or the Departme=:
nspetive aspue-b es. -s a
~ ~ ~._m.
a nefeme e acmeme. the wnere the resalta are related to the other m i=.. " ma=.
provisicna cf it U.S.C. t32(c).
- e. e en. p
B. Tt.is.apee=est sha!! taka effect upon the sig:n=g by authonzed representatives of the respective agencies and shall sapersede in its entirety the Ma.d 22,.1Er?3.
Memorasdum of Understamding between the DOT and the Atsmic Energy C-Com.
C Nothl:3 in this Memdorandum of Understanding is intended to restrict the statutory authority of either the DOT or the NRC.
i Done at WaAingtoc D.C. In triph::sta, this 8*.h day of lune tir;s.
For the U rted Sentes C.,
_,,; or Transportation.
lama. D. Pahner.
~
.v. inia:rcut.Research and5peciaf i
Ad Pwt.~':ts Administradan. Drpc:t-wns or i
Tru.uportason.
For the United States Nudear Replatory ComIuio:.
lM N Chairmar NucJact Regulaeri comauasion ;
rn ow. re-a:ze red m s w g
m.,. ec=. -
t I
I O