ML19323F910
| ML19323F910 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/1980 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| NUDOCS 8005290623 | |
| Download: ML19323F910 (5) | |
Text
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NUCLEAR REGULAl'ORY COMMISSION g..
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MAY I 41980 Ref:SA/ECA MEMORAflDUM FOR: Donald A. flussbaumer, flMSS Guy Cunningham, ELD FROM:
G. Wayne Kerr, Assistant Director for State Agreements Program, SP
SUBJECT:
flew f1EXICO RADI ATI0fl PROTECTI0ft REGULATI0fl 3-800,
" SPECIFIC LICEflSE - TRAflSPORTATI0fl 0F flVCLEAR WASTE Ofl Tile HIGilWAYS" Enclosed is the subject regulation.
Please review this in regard to flRC responsibility for routing of shipments of nuclear waste including spent fuel and provide us with your comments by c.o.b. !!ay 23, 1980.
Also enclosed is the flew Mexico Statute which mandated the State's Environmental Improvement Board to promulgate this regulation.
h0M}
G. Wayne Kerr Assistant Director for State Agreements Program Office of State Programs Enclosures :
As stated cc:
Lee Santman, U.S. 00T 800529o 603
y St ate of ?;ew flexico Env f ronnent al Improvement I'.oa rd Crown Building, P. O.
Box 968 Santa Fe, tiev ?!exico 87503 EIB/ Rad Prot. Reg. 3-800.
RADIATION PROTECTION RECULATION 3-800.
3-800.
SPECIFIC LICENSE - TRANSPORTATION OF NUCLEAR }'ASTE ON Tif E IIICitWAYS.--
A.
For the purpose of 3-800:
- 1. " Nuclear waste" means any equipment or material, except tailings or ot her vast es resulting f rom mining or milling processes, resulting from nuclear activities, which emits ionizing radiation and has a concentration of at least one microcurie per gallon or cubic foot and for which there is no further use at the time of transport, and includes, but is not limited to:
- a. materints associated with t he operation and decommissioning of nuclear reactors and the supporting fuel cycle;
- b. spent fuel if it is to be discarded or st ored for an extended period of time; c.
fuel reprocessing wastes; d.
radionuclides removed from process streams or effluents; and e.
materials contaninated with radioisotopes including discrete radium sources; but does not include weapons grade naterial which is under the exclusive control of the United States.
2.
" Weapons grade material" means reprocessed plutonium and highly enriched uranium suit able for fashioning into atomic bombs.
3.
" Carrier" means any person engaged in t-he t ransport at ion of passengers or property, as comon, cont ract, or private carrier, or freight forwarder, as those terms are defined and used in the auended Interstate Commerce Act, or t he II.S. Post Office.
4.
" Incident" means the release or threat ened release to the environs of any nuclear waste during the process of transportation in New 11exico.
B.
A specific license is required of the carrier to transport nucicar waste on the highways into, f rom, within or through t he State of New !!exico.
C.
The applicant for such a specific license shall provide to the i
Division an applicat ion on a form prescribed by the Division includinp:
l P,IB/RPR 1-11-80 _
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- 1. A statement that the 1icensee is in compliance wit h all applicable laws and regulat ions of t he f ederal government including, but not limit ed to, regulations of the Department of Transportation and the Nuclear Regulatory Comnission;
- 2. Evidence that t he licensee has and will retain during the license period sufficient financial resources to insure payment for cican up of any nuclear waste released by the licensee during t ransport in New Mexico to a level as low as is reasonably achievable; and
- 3. A statement of the origin, destination, proposed routes to be used, expected frequency of shipnents, and t he nature of nuclear wast e, including radioactive isotopes, physical form, spec if ied ac tivity, and maximum quantity per shipment, to be transported through New Mexico.
D.
The Director, in approving rout es f or t he transport of nuclear waste in accordance with t hese regulat ions, shall consult with affected local political subdivisions and the state transportation department.
E.
To promote the objective of travel in the safest possibic manner, vehicles carrying nuclear waste shall, to the extent practicabic:
- 1. travel on interstate highways;
- 2. use rout es that minimize travel time;
- 3. avoid:
traveling through or near heavily populated areas where a.
bypasses are availabic;
- b. tunnels, narrow streets, and alleys;
- c. areas where large numbers of people would be close to the vehicle; d.
stops in populated areas; e,
hazardous road condit ions due to climat ic or structural conditions.
I'.
The Director shall preserve conf identialit y of schedules of r.h i pmen t s, and points of origin and destination, if the Director determines t hat such confidentiality is in the public interest.
G.
Incidents as defined in 3-800 A.4.
involving nuclear waste shall be report ed by the carrier t o the Division verbally as soon as practicable af t er the i r.c i d en t and in writing within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the incident.
11.
3-800 shall preempt any local ordinance or resolution which conflict s with t his regulat ion.
I.
3-800 will become effective July 1, 1980.
Elli/RpR 1-11-80
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1979 New Laws Page 1329 NEW MEXICO Regular Session
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Chapter 377, Laws 1979 Ilouse 11111 No. 39 1
A'l ACT 2
PII.ATING TO !;UCLEAR WASTE; PROVIDING FOR THE RECULAT!uN OF THE TWS-3 PORTATION OF NUCLEAR 'ASTE; Ef.CL ARING AN E:tIRCENCY.
4 5
BE IT ENACTED BY THE LEGISt.AIUPE OF THE STAIL CF NE*J MEXICO:
6 Section 1.
NUCt. EAR WASTE TPXiSTORT--CONDITIONS--EETINITION.--
7 A.
The environmental improvement board shall have exclusive 8 authority to promulgate regulations prescribing the conditicas for 9 transport of nuclear waste on the highways. Such conditions shall in-10 clude the conditions of transport that the environmental improvement 11 board finds necessary to protect the health, safety and welfare of 12 the citizens of the state, including routing criteria. The director 13 of the environmental improvement divtsien shall prescribe routes in 14 accordance with the criteria set by the board after consultation with 15 affected local political subdivisions and the transportation depart-16 ment.
Such regulations shall preempt any local ordinance or resolu-17 tion which conflicts with the regulations of the environmental im-18 provement board. The environmental irprovement board shall promulgate 19 such regulations by Januar/ 1, 1980.
20 B.
For the rurrn us of this section, " nuclear waate" means 21 any equipment or material, axcept tallines or other wastes resultin; 22 from sintn,1 or milling processes, re wlting from nuclear activities.
23 which emits ionizing radiation anj has a concentration of at least one 24 microcurie per gallan or cubic foct an 1 for wntd there is no turther 25 use at the rime of transport, and includes, but is not limited to:
7.
flew flex leo ll 19 Ib.p,u l ar fien il on 19/9 riew laswn l'a pp I no O;-
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(1) "aterials 4,4cciated with the operation ind de-l 2
co-tsissioning al nuclear reactor s snd the supporting f uel cycle; 1
3 (2) spent fuel if it is to be discarded or stored for 4
in entended pertoj of tise; i
5
( 3) funt terrncessing wastes; 6
(4) radionuelt.ies removed from process stream.s or ef-l 7
fluents; and 8
(5) n.it e r l.als cont ainat ed wit h r iJ t oisoton'es includ-9 inn discrete radi'sm sources; 10 t, u t does not include weapons cr a le mate r t.11 which is ooJer the exclu-11 invc c.ontrol of the t'n t teJ St ites.
12 C.
Nothing in this oc t len shall be coi.st rued t o alter the 13
.bliantion of the state under the Aptli 3, 1974 ar.reement between the 14 state and the atomic ene rr.y enen t ss ion for ti.e discontinuance of 15 t e rtain courtission rer.ulatnry intharity and responstbt11ty. _,
Approved, April 6, 1979 4
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