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Ash'ok C.;Thadani, Associate Director for. Inspection and MEMORANDUM FOR:
Technical Assessment,. Office of Nuclear Reactor Regulation Robert M. Bernero, Director, Office of Nuclear Material Safety & Safeguards
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James Lieberman, Director, Office of Enforcement i
Richard L. Bangart, Director,-Office of State Programs Martin'G. Malsch, Deputy General Counsel for Licensing and j
Regulations, Office of-the General Counsel David L. Meyer, Chief, Rules Review and Directives Branch, Office of Administration Gerald F. Cranford, Director, Office of Information Resources Management l
Eric. S. Beckjord. Director, Office of Nuclear FROM:
Regulatory Researcn 0FFICE REVIEW AND CONCURRENCE ON A FINAL RULE - FINAL l
SUBJECT:
AMENDMENTS TO 10 CFR PARTS 20 AND 61-ON LOW-LEVEL WA
.l SHIPMENT MANIFEST INFORMATION AND REPORTING 1
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concurrence is requested on the enclosed Commission Paper.
l Yove The following is a summary of this request:
Low-Level Waste l..
Title:
Final Amendments to 10 CFR Parts 20 and 61 on Shipment Manifest Information And Reporting f
2 RES Task Leader: Mark Haisfield - 415-6196 3.
Cognizant Individuals:
NMSS - William Lahs 0GC - Robert Fonner l
ADM - Betty Golden l
IRM - Beverly Martin Herbert Parcover SP - Cardelia Maupin-Review and concurrence in Commission Paper.
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4.
Requested Action:
5.
Requested' Completion Date:
Septe c er 16. 1994
.The NRC is amending its regulations to improve low-level
Background:
The amendments will:
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waste'(LLW) manifest information and reporting.
(1) improve ~ the quality and uniformity of information contained on manifests that are required to control transfers of LLW ultimately intended for disposal at 'a land disposal-facility;- (2) establish a set of NRC forms, that serves as a national-Uniform Low-Level Radioactive 9704070168 970327 "T
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Multiple Address'ees 2
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. Waste Manifest,' and captures the information needed to meet NRC, Department of Transportation, State, and Compact information require-ments; (3) require LLW disposal site operators to electronically store 1
. container-specific manifest information; and (4) require disposal site operators to be capable of submitting reports of stored Uniform Manifest information on.a computer-readable medium (e.g., magnetic disks or tapes).
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No significant additional resources are anticipated to implement the rule.
The NRC forms and instructions will be provided free, at a cost in the_ order'of $10,000 per year. A copy of this concurrence package has~ been forwarded to the Office of the Controller for coordination of
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resource issues per the EDO memorandum of June 14, 1991.
/s/ T. P. Speis for Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Commission Paper w/atts.
cc w/ encl.:
R. M. Scroggins, OC D. C. Williams, IG
[ concur.um)
- see previous concurrence c x ri. I d f: h
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Date:
04/26/94 06/03/94 06/30/94
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'SBahadur RAuluck MHaisfield Wlahs, NMSS RFonner, 0GC BGolden, ADM BMartin, IRM HParcover, IRM CMaupin, SP
STAFF PAPER
~FOR:
The Commissioners FROM:
James M. Tayior, Executive Director for Operations
SUBJECT:
FINAL AMENDMENTS T0 10 CFR PARTS 20 AND 61 ON LOW-LEVEL WASTE SHIPMENT MANIFEST INFORMATION AND REPORTING P_URPOSE :
To obtain approval to publish the final amendments to 10 CFR Parts 20 and 61 that improve both the quality of the information contained in low-level waste (LLW) shipment manifests, and its utility for use in performance assessments.
CATEGORY:
This paper covers a routine matter requiring Commission consideration.
SUMMARY
All shipments of LLW, made directly or indirectly (e.g., through processors) i to disposal sites, must currently be accompanied by a manifest that describes the contents of the shipment. Manifests are large, detailed documents containing information required by the U.S. Nuclear Regulatory Commission, the In U.S. Department of Transportation (DOT), and State regulatory agencies.
addition, manifests are being considered by several LLW Compacts or States as the " vehicle" through which they can track LLW shipments and carry out their responsibilities, as defined in the low-level Radioactive Waste Policy Amendments Act of 1985 (LLRWPAA).
CONTACTS:
W. Lahs, NMSS, 415-6756 M. Haisfield, RES, 415-6196
The Commissioners 2
The recommended amendments to Parts 20 and 61 (Enclosure 1) will:
(1) improve
- the quality and uniformity of information contained on manifests that are required to control transfers of LLW ultimately' intended for disposal at a land disposal facility; (2) establish a set of. NRC forms, that serves as a national Uniform Low-Level Radioactive Waste Manifest, and captures the information needed to meet NRC, DOT, State, and Compact information requirements; (3) require LLW disposal site operators to electronically store container-specific manifest information; and (4) r quire disposal site operators to be capable of submitting reports of stored manifest information l
on a computer-readable medium (a.g., magnetic disks or tapes).
- i These amer.dments will improve implementation of NRC and State regulations on LLW disposal by providing mort accurate source-term information.
This l
information will be used in performance assessments that can be evaluated j
.against the performance objectives of Part 61.
Using the Uniform Manifest will not require generators to report information that is not readily and l
currently available.
Rather, its use will improve the consistency and increase the level of detail over presently reported information, and will require the reporting of other useful and currently available information i
(e.g., identity of high-integrity containers, when used).
In addition, to
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support the intent of the LLRWPAA, these amendments will facilitate tracking of LLW back to the original generator.
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BACKGROUND:
NRC initiated this rulemaking to improve the qua'lity and consistency of reporting information that is on existing manifest documents.
After a draft
- rule was provided to Agreement States, the Commission became aware that a significant improvement to the current manifesting system would be the development of a naticaal Uniform Low-Level Radioactive Waste Manifest.
This was described in letters to former Chairman Carr from the Host State Technical Coordinating Committee and the LLW Forum.
Subsequent letters to Chairman Selin from the LLW Forum continue to support this rulemaking activity.
In SECY-91-415 dated December 27, 1991, the staff proposed amendments to Parts 20 and 61 that included the use of a proposed set of NRC Uniform i
Radioactive Waste Manifest Forms and instructions.
The proposed forms were intended to: (1) capture the information collected on the existing manifest forms developed and used by the current disposal facility operators; (2) comply with D0T radioactive material transportation (shipping paper) requirements in 49 CFR Part I?2; (3) provide more detail on waste containers and their contents so as to provide more realistic source terms for performance assessments; and (4) facilitate electronic storage and transfer of manifest information.
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The proposed rule was published in the Federal Register on April 21, 1992 (57 FR 14500).
The rule references the forms and associated instructions.
NRC received 40 comment letters Over two-thirds of the commenters specifically stated their support for the development of a Uniform Radioactive Waste Manifest.
None opposed the concept, although, as discussed below, some J
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of th'e commenters did not see a need to change the existing manifest format.
- Many of the commenters identified specific ~ areas that they believe could improve NRC's rulemaking proposal.
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- During the comment period, the LLW forum members also received input from As a result, the LLW Forum suggested parties in their respective Compacts.that, to produce a more effective rule. N.l i
further. discuss concerns raised by commenters, and thereby clarify the purpose In-response to this request, NRC held a public. meeting'(noticed i
of the rule.
in 58 FR 25578, dated April 27, 1993) with interested parties on June 15, 1993, in Bethesda, Maryland.
' Perhaps the most significant concerns expressed at the meeting and in the comment letters involved NRC changing the current appearance and format of Existing manifests that have been used for over 10 years, and the fact that the proposed forms would result in duplication.
The duplication deals with having to report radionuclides and their activity on both the NRC and 00T t
Commenters did not object to the improved (increased) portion of the forms.
.Before the public meeting, DOT agreed to an NRC information requirements.
' staff proposal that significantly reduced duplicative reporting on the Uniform Specifically, DOT agreed that their requirements would be j
a Manifest forms.
satisfactorily addressed if only radionuclide identity, along with the total package activity from all contained radionuclides, were reported on shipping lhe revised manifest requirement was discussed at the public meeting papers.
and was considered a significant improvement.
However, several commenters still did not believe that there was a need for a forrnt change from existing As a result of suggestions at the meeting on the need for a manifests.
23, 1993, written statement from DOT, NRC requested in a letter dated August that DOT evaluate whether the existing manifests adequately satisfy DOT's The radioactive material i.ransportation (shipping prper) requirements.
request included statements from Chem-Nuclear Systems, Inc. and 115 Ecology supporting their position as to the adequacy of their respective manifests in On January 6, 1994, DOT confirmed that because meeting DOT's requirements.
information, the the shipping paper information was commingled with ott existing manifests did not meet their requirements for priority and non-commingled placement of DOT transportation information.
Many of the commenters gave specific suggestions to improve the forms, and many of these comments have been incoriorated into the final rule, the Uniform The overall rule and associated Manifest forms, and supporting instructions.
forms, as presented in this final rule, however, are not substantially different in concept and context to those presented in the earlier Federal Register Notice, glSCUS$10N:
the Barnwell, South Three LtW disposal facilities are currently in operation:
- Carolina, facility operated by Chem-Nuclear Systems, Inc.; the Richland, Washington, facility operated by US Ecology (both of these facilities are only l
accepting waste from their respective Compacts); and the facility near Clive, 4
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l The Commissioners 4
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Utah, operated by Envirocare of Utah. Inc.
Waste may be shipped to these l
disposal facilities directly from a waste generator, or from waste collectors, or from waste processors. Waste collectors typically consolidate prepackaged l
waste from generating licensees, whereas waste processors receive waste or radioactive materials from licensees and produce waste with different chemical or physical characteristics.
(A single disposal container of waste from a j
waste processor may contain multiple waste types from several different generators.)
i Each year, operators receive thousands of shipments of LLW, accompanied by a manifest that contains information on the shipment's contents.
Each i
corresponding manifest can consist of several to several tens of pages filled with detailed information about the waste required by NRC, in Part 20, and by DOT.
In addition, the State egencies regulating the disposal facilities to which the wastes are shipped have required additional information on the manifests.
There are general provisions in the current regulations for obtaining LLW information from disposal site operators that would typically be used in performance assessments of LLW disposal facilities.
However, the existing NRC regulations do not provide specific requirements to ensure that the data on quantities and forms of waste, such as those that would be required on the Uniform Manifest, can be readily accessed by NRC or other regulatory bodies, 1
for independent analysis.
Given this situation, NRC, to date, has obtained information about LLW characteristics by purchasing microfiche copies of f
snipment manifests from the disposal facility operators, along with limited data summaries generated by the operators' computer systems.
A significant cross-checking effort between individual manifests and data summaries is required to sufficiently characterize the disposal site waste inventories for performance assessment purposes, and, even after this effort, uncertainties still remain as a result of vague or inconsistent descriptions.
1 When the rule was proposed, it was anticipated that several new disposal facilities would be in operation soon, with more to follow.
This increasing l
nu%er of facilities, with the possibility of different manifest formats, provided an additional reason for uniform reporting of information.
The schedules for operation of most of these facilities, however, have been delayed or are uncertain; but the staff is still presuming that a number of new disposal facilities will eventually be in operation, and therefore, continues to support the need for a uniform manifest.
a As discussed in SECY-91-415, the staff believes this rule will improve NRC and i
State regulation of LLW disposal in the following areas:
1 Upgraded data reauirements.
As part of licensing new LLW disposal facilities, f
4 applicants and regulatory agencies will assess the expected performance of the disposal facilities.
Similar assessments will be performed for disposal facility license renewals and closures.
The chemical, physical, and radiological characteristics of the disposed waste, the quantity disposed of, and-the waste retention capabilities of various disposal containers and waste i -
r The Commissioners forms will be considered in these assessments.
The better the information, the more accurately a quantitative source term can be estimated which is needed in conducting performance assessments.
The improved data reporting requirements of this final rule will provide the consistency and detail of information necessary to conduct more realistically performance assessment evaluations.
Uniform Manifest.
A uniform manifest will reduce paperwork, particularly for LLW shipments traveling across State and Compact boundaries, by eliminating the need for various disposal facilities (Compacts) to each develop its own unique form containing similar information.
Because a uniform manifest will reduce paperwork, it should promote more efficient operations in the movement of LLW from generators to processors, collectors, and disposal facilities.
A uniform manifest also will enhance the ability of first-on-the-scene responders to properly cope with any potential transportation incidents involving radioactive waste shipments, because manifests for all LLW shipments would be presented in the same format.
The staff has attempted to address the principal disadvantages of a uniform manifest, namely, that: (1) it may not totally reflect all requirements considered essential by the wide spectrum of regulatory authorities at State and Federal levels; and (2) it may take some time to get users familiar with the new requirements and format.
The staff believes these disadvantages have been minimized in the development of the Uniform Manifest through interactions with disposal facility operators, Compact authorities, State regulatory agencies, Federal agencies, and others.
The staff believes that, because the Uniform Manifest and its supporting instructions (Enclosure 2) indicate that additional information can be appended to the Uniform Manifest forms, the disadvantage cited in Item 1 is addressed. However, the discussion in the Federal Register Notice supporting the final rule points out that requiring the transfer of unnecessary information dilutes a major purpose behind the development of a uniform manifest.
To address the second point, an effort initiated through the Department of Energy's National LLW Program, is underway to develop software to assist those using the Uniform Manifest (see discussion under " Coordination" section).
Reporting and storage of manifest information. The rule would require that j
manifest information from NRC-licensed disposal facilities be stored and reportable on a computer-readable medium.
The types of reports expected would require the disposal facility operator to be able to track the origin, transport, disposition, and characteristics of individual disposal containers of waste.
For example, disposal facility licensees must perform, and NRC or Agreement State regulatory authorities must review, approve, and be able to independently verify, safety and environmental cssessments for perindic license renewals and eventual facility closure.
Regul aors will need a detailed knowledge of the radionuclide inventories of disposed waste, as a function of specific waste streams, to ensure continued safe operation of the facility.
Computer storage and electronic transmittal will better ensure both j
accuracy and utility of the data.
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L The Commissioners 6
Other manifest information needs. The Uniform Low-Level Radioactive Waste Manifest has been developed to contain the necessary information needed to satisfy DOT shipping phper requirements, as well as to implement the intent of the LLRWPAA (e.g., to identify original generators of LLW).
As discussed above, and in the " Coordination" section, NRC has worked closely with 00T to ensure that D0T's shipping paper requirements are incorporated into the NRC manifest (NRC form 540).
Similarly, the NRC manifest (NRC Form 542) has been developed to be consistent with current practice of providing the ability to track LLW back, through potential collectors and processors, to the original generator. Original generator information not only furthers regulatory understanding of LLW source terms, but also satisfies the need of States and Compacts to identify the generator of wastes being disposed of in the facilities they license.
After considering the above, the staff is recommending to the Commission a final rule that would specifically define LLW manifest information to provide more realistic LLW source terms for use in independent performance assessments to support licensing actions. This specific information should also be useful in supporting future regulatory and policy decisions.
For the reasons discussed previously, the rule also requires this information be reported within a prescribed uniform manifest format.
COORDINATION:
i The NRC staff has coordinated this rulemaking with 00T, ever since the initiation of the concept of developing a uniform manifest.
Before issuing the proposed rule, DOT concurred with the shipping paper portion of the Uniform Manifest (i.e., NRC Form 540) that was developed to accompany the proposed rule.
The information to be reported on the NRC Form 540 is based on DOT's current shipping paper regulations, as well as amendments to its regulations proposed by DOT to their requirements in November 1989, but not yet finalized.
NRC has been provided information on possible changes that DOT is considering in preparing its final rule.
The staff has developed the NRC 1
forms and instructions based on this input.
Because t.he NRC final rule is j
similar to the proposed rule, in which D0T has already concurred, we do not intend to seek DOT's reconcurrence on the rule.
Further, any changes 00T might make to its final rule are not expected to affect this ruleinaking, even if it were to impact the manifest forms. We will, however, seek DOT concurrence on the appropriate parts of the Uniform Manifest (i.e., Form 540) after D0T finalizes its rulemaking, to ensure that 00T shipping paper requirements are met, if necessary, changes to the form would then be made.
This should not impact licensees, since D0T is expected to finalize their rule before use of the Uniform Manifest becomes mandatory in July 1997.
The staff is also coordinating with DOE's National Low-level Waste Management Program.
As noted earlier, under this program, a task has been initiated to develop computer sof tware capable of prompting the user to input applicable manifest information and providing acceptable manifest documentation.
The Uniform Manifest, as referenced in the proposed rule, has been used as a I
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The Commissioners 7
. baseline within this software.
When the final rule and forms are completed, the software will be modified accordingly.
The intent is to make this program available at little or no charge.
The staff has been encouraging th;2 effort and intends to review the capabilities of the software.
The Office of the General Counsel has no legal objection.
RECOMMENDATION:
That the Commission:
1.
Approve the Notice of Final Rulemaking for publication (Enclosure 1).
2.
Certif_y that this rule will not have a negative economic impact on a substantial number of small entities in order to satisfy requirements of the Regulatory Flexibility Act, 5 U.S.C. 605(b).
3.
Note: A final regulatory analysis will be available in the Public a.
Document Room (Enclosure 3);
b.
The Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification regarding economic impact on small entities and the reasons for it, as required by the Regulatory Flexibility Act; This final rule amends information collection requirements that c.
are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). OMB approval will be obtained prior to publication in the Federal Register; d.
A public announcement will be issued (Enclosure 4);
The appropriate Congressional committees will be informed e.
(Enclosure 5); and b
The Commissioners 8
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Copies of the Federal Reg 1;ter Notice of final rulemaking will be distributed to all Commission licensees.
The notice will oe sent to other interested parties, on request.
L
' James M. Taylor Executive Director for Operations
Enclosures:
1.
Federal Register Notice of final rulemaking + disk 2.
NRC Uniform Low-Level Radioactive Waste Manifest and accompanying instructions 3.
Final Regulatory Analysis 4.
Draft Public Announcement 5.
Draft Congressional Letters RECORD NOTE:
A draft copy of the final rule was sent to OlG for information on 4
- D:cument Name: SECY2]
- see previous concurrences 3
0FFICE:
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DATE:
4/26/94 6/3/94 6/30/94
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D:0E D:IRM D:SP D:NRR D:NMSS NAME:
JLieberman GCranford RBangart WRussell RBernero DATE:
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D:ADM OGC:
D:RES EDO NAME:
PNorry KCYR ESBeckjord JMTaylor DATE:
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/ /94 0FFICIAL RECORD COPY (RES File Code) RES i
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ENCLOSURE 1 FEDERAL REGISTER NOTICE i
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[7590-01-P]
'l NUCLEAR REGULATORY COM.'ilSSION i
10 CFR Parts 20 and 61 i
RIN 3150-AD33 Low-Level Waste Shipment Manifest Information and Reporting l
AGENCY: Nuclear Regulatory Commission.
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' ' ACTION: Final rule.
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SUMMARY
- The Nuclear Regulatory Commission (NRC or Commission) is amending 1
its regulations to improve low-level waste (LLW) manifest information and reporting.
The amendments will:
(1) improve the quality and uniformity of information contained in manifests that are required to control transfers of LLW that is ultimately intended for disposal at a land disposal facility; (2) establish a set of forms that allows LLW to be tracked from its origin, and serves as a national Uniform Low-Level Radioactive Waste Manifest to meet NRC, Department of Transportation (DOT), and State and Compact information requirements; (3) require LLW disposal site operators to electronically store container-specific mar.ifest information; and (4) require the disposal site operators to be capable of reporting the stored-Uniform Manifest information on a computer-readable medium (e.g., magnetic disks or tapes).
EFFECTIVE DATE: This regulation becomes effective on July 1,19W.
- However, licensees may defer implementation of this rule until July 1,1997, or the implementation date adopted by the LLW disposal facility to which their shipped LLW is to be ultimately consigned, whichever is earlier.
ADDRESSEES:
Copies of documents relating te the proposed rule that was published on April 21, 1992 (57 FR 14500), or copies of the Uniform Low-level Radioactive Waste Manifest forms and the general instructions, or copies of this document may be examined and copied for a fee in the Commission's Public Document Room at 2120 L Street NW. (Lower-level), Washington, DC 20555.
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Single copies of the' manifest forms and general instructions can be obtained-from the contacts listed ~below.
FOR FURTHER INFORMATION CONTACT:
William R. Labs. Office of Nuclear Material-
-Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6756 or Mark Hafsfield, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)'415-6196.
SUPPLEMENTARY INFORMATION:
- 1.
Background.
Purpose of the Revision Low-Level Waste Shipment and Disposal Rulemaking History-2.
Implementation.
3.-
Summary of Public Comments and Changes from Proposed Rule.
Part 20
-Section 20.2006 Transfer for disposal and manifests
-Appendix F'to 5 5 20.1001 through 20.2402 (Appendix G to 5 5 20.1001 through 20.2402 in this final rule)
- 1. Manifest - Introduction I. Manifest - Definitions A. General Information B. Shipment Information C. Disposal Container ("and Waste" in this final rule) Information i
D. Uncontainerized Waste Information E. Multi-Gen nator Disposal Container Information 111. Control and Tracking - A 111. Control and Tracking - B Part 61 1
-Section 61.12 Specific technical information j
-Section 61.80 Maintenance of records, reports, and transfers Uniform Manifest and. Instructions
-General Comments 2
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-Form 540
-Form 541
-Form 542 National Data Base Comments Regulatory Analysis Comments Environmental Impact:
Categorical Exclusion.
Paperwork Reduction Act Statement.
Regulatory Analysis.
Regulatory Flexibility Certification.
Backfit Analysis.
===1.
Background===
Purpose of the Revision The purpose of this amendment to 10 CFR Parts 20 and 61 is to modify the NRC's LLW shipment manifest information and reporting requirements to address The the regulatory information needs for the transfer and disposal of LLW.
amended information defines the chemical, physical, and radiological p ;perties of LLW that can be used te determine the expected performance of disposal facilities during operations and following closure. Thus, a principal objective of these amendments is to ensure thac the information, initially reported by those generating the LLW, eventually received and recorded by the LLW disposal facility operator, and made available to the NRC or an Agreement State regulatory agency, is sufficiently comprehensive and consistent for its intended use.
To enhance regulatory oversight and assist regulatory agencies and others in their assessments of normal operations or potential problems, such as questions about the adequacy of a particular disposal container, the amendment requires that the manifest information be stored electronically at the disposal facility operated under an NRC license and be capable of being conveyed by a computer-readable medium.
The specific content and schedule for any reports containing the stored information will be established as a condition of the license or, if necessary, in a future rulemaking action.
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The Commission recognizes that se/eral entities have legitimate needs for LLW shipment information th'at therefore should reasonably be included on a shipment manifest.
In' fact, Compacts, ui.4ffiliated States, and an increasing number of consignees, including disposal' facility operators, have interests in waste shipment and disposal information that could be contained in a shipment manifest. To provide a degree of standardization in format and a baseline of manifest information, the amendment requires the use of an NRC-developed Uniform Low-Level Radioactive Waste Manifest.
This manifest, to which additional information can be added, responds to a request from the Host State Technical Coordinating Committee (TCC)* and the expressed views of several other parties having an interest in the information contained in the manifest. The uniform manife,t meets DOT shipping paper requirements, contains the information required by the NRC, and provides a baseline set of information to address Compact, unaffiliated State, and consignee needs.
Low-Level Waste Shipment and Disposal _
LLW may be shipped to a LLW disposal facility directly from a waste generator (potentially after the waste has been sent offsite for processing and has been returned) or may be shipped from a waste cellector or processor.
The collector is a licensee who typically handles prepackaged waste from hospitals, laboratories, or other licensees who generate only small volumes of A shipment from a collector may have been temporarily stored at the waste.
collector's facility and, when eventually transported to a disposal facility, shipped with other containers of waste obtained from several generators.
- With the passage of the low-level Radioactive Waste Policy Amendments Act of 1985 (Amendments Act) and the low-level Waste Policy Act of 1980, many States have organized into regional Compacts.
These Compacts, together with unaffiliated States, are attempting to facilitate the development and operation of new disposal facilities.
' NRC staff interactions with the Compacts and unaffiliated States has occurred principally with the low-level Radic?ctive Waste Forum and the Host State Technical Coordinating Committee (TCC).
The TCC requested that the Commission consider the development of a uniform manifest in this rulemaking action, and on November 9, 1990, transmitted to NRC an example manifest with supporting material.
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'l Waste may'be shipped from a waste processor, who has received
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radioactive material or waste from other licensees (generators, collectors,.or l
other processors), and has repackaged the waste after possibly changing the l
waste's chemical or physical characteristics 1, For example, the waste f
-processor.may have compacted or incinerated the waste or segregated contaminated waste from non-contaminated material or. waste.
A single'
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container of waste shipped from a waste processor may contain wastes from a l
.i number of different generators.
Companies generating, collecting, processing, or disposing of the waste l
are licensed either by the NRC or by an Agreement State.' Any step in the l
waste management chain (e.g., temporary storage by a collector, processing, or l
disposal) may have occurred in a State different from that in which the waste l
was generated.
Thus, from a radiological safety standnoint, several l
I regulatory entities may have an interest in particular waste shipments and disposals.
Each shipment of LLW is currently accompanied by a multi-page manifest that describes the shipment contents.
These manifests, which include f
specifically formatted versions developed by-the disposal facility operators, j
are frequently large multi-copy detailed documents that contain information required by the Commission's regulations in 10 CFR Part 20,' 00T regulations in 49 CfR Part 172, and State requirements imposed as conditions on disposal facility licensees.
The manifests also include information required by the consignee who receives the LLW or radioactive material shipment.
i Three disposal facilities are currently in operation. The Barnwell, South Carolina, disposal facility is operated by Chem-Nuclear Systems, Inc.,
the Richland, Washington, facility is operated by US Ecology, Inc., (both of these facilities are only accepting waste from their respective Compacts), and
' Pursuant to the Atomic Energy Act of 1954, as amended, the Commission has the authority to relinquish part of its regulatory authority to a State, contingent upon making a determination that the State's regulatory program is compatible with the Commission's. Twenty-nine States, under formal agreements with the Commission, have assumed this regulatory responsibility.
Negotiations with other States are underway.
- The Commission's LLW manifest and tracking requirements are codified in IL20,2006 and Appendix F to 10 CFR Part 20.
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i the Utah facility'near Clive. Utah, is operated by Envirocare of' Utah,'Inc..
Upon. receipt of a shipment of LLW at,.these facilities', operators perform -
, quality. control checks'on the shipment and the information in the manifest.
Portions of the manifest information-are transferred into their computer-based f
recordkeeping systems. The ' existing disposal facility operators have
~ developed computer systems to store and process the voluminous manifest.
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information because the ooerttors receive thousands of shipment manifests each i
year.
i Rulemakina History In 1989 the NRC initiated this rulemaking to improve the quality and j
consistency in' reporting of information that was contained on manifest.
documents.
In that same year, a draft of the proposed rule was provided to the Agreement States for comment. As a result of this early interaction, the
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i Commission became aware that a significant improvement to the current _
manifesting system would be the development af a national Uniform Low-level l
Radioactive Waste Manifest.
This was described in a letter to former Chairman l
Carr in May 1990 from the TCC and a corresponding letter from the LLW forum.
j The NRC agreed that incorporation of a uniform manifest would provide a number I
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of advantages and agreed to consider _this concept.
In November 1990, the TCC provided a draft sniform manifest for the NRC's consideration.
The NRC staff seriously considered the recommendations of.the TCC in.
developing a draft uniform manifest.
The NRC staff also consulted with the DOT on those parts of the proposed rule and uniform manifest that address D0T j
radioactive material transportation (shipping paper) requirements.
Based on j
these interactions, a draft' of the proposed ' rule and uniform manifest was developed and was sent to the Agr9ement States in March 1991.
Subsequently,
.i i
the proposed rule and uniform manifest forms were sent to 00T, and in July i
1991, the NRC received their concurrence that the applicable parts of the f
uniform manifest met their requirements for shipping papers in 49 CFR Part 172.
The proposed rule.was published in the Federal Register on April 21,
-1992 (57 FR 14500). The NRC received 40 comment letters.
These comments are discussed'in Section 111.of this preamble. During the comment period, the LLW 6
f 1
L j
forum members also received input from parties in their respective Compacts.
As a result, the LLW Forum suggested that, to produce a more effective rule.
the NRC should sponsor a public meeting to further discuss concerns raised by commenters, and thereby clarify the purpose of the rule.
In response to this request, the NRC noticed a public meeting in the Federal Register on April 27, 1993 (58 FR 25578), and held the meeting on June 15, 1993, in Bethesda, Maryland. A transcript and detailed summary are available in the NRC Public Document Room.
The two most significant issues discussed at this meeting dealt with the format of the uniform manifest and how and when the manifest will be used.
The formatting issue was a source of concern because the NRC changed the "look and feel" of the manifest from the sf.yle of the manifests developed by the LLW disposal facility operators and used for shipments consigned to these facilities, and would require some data to be recorded twice on the same set of manifest forms.
The changes NRC groposed that would result in some duplication we e made to meet D0T n quirements.
Although unable to satisfy individual commenters who prefer th9 existing manifest formats, the NRC staff i
has worked with DOT and has minimized any difference in the reporting burden As to complete the uniform manifest as opposed to existing manifests.
dixussed in Section II of this preamble, before the compliance date specified in the rule, the NRC intends to facilitate trial uses of the manifest to ensure a common understanding of information reporting requirements.
The " manifest use" issue deals with industry concerns that the uniform nunifest will be used to track radioactive material in addition to radioactive
- waste, The NRC manifest is designed to be used far the transfer of LLW, but the NRC staff recognizes industry's concerns that Compacts or unaffiliated States may require the NRC's er some other manifest format to be used for all shipments to processors or decontamination facility licensees.
Existing NRC regulations require the manifesting of shipments of LLW to collectors and processors prior to eventual disposal.
Nothing in these amr.ndments changes that requirement, nor adds new requirements for shipments nf material.
Compacts or unaffiliated States may require additional reporting and this reporting could be accomplished through the NRC manifest format.
7
- 2. Implementation Sec.tions 20.2006, 61.12(n), and 61.80(f) and (1) of the amendments to 10 CFR Parts 20 and 61 in this final rule provide that NRC licensees may comply with the rule on July 1, 1996, but must comply before July 1, 1997.
This implementation provision has been included to allow existing LLW disposal facility licensees (all located in Agreement States), and their respective Agreement State regulators, to consider the length of time that the existing dis.csal facility will continue to operate before closure in developing their n
implementation strategy.
A few of the amendments in this final rule have been incorporated into the existing 10 CFR Part 20 tc be applicable at the stated future date in a manner that retains existing requirements.
The majority of the new reouirements imposed by this final rule have been included in a new Appendix G to 6 5 20.1001 through 20.2402.
Between July 1, 1996 and July 1, 1997, licensees may comply with either Appendix F tn 5 i 20.1001 through 20.2402 or Appendix G to 6 5 20.1001 through 20.2402.
NRC Agreement States each have regulations compatible with the existing 10 CFR Part 20.
Agreement States normally amend their regulations to preserve compatibility within three years after NRC issues final rules.
In the Commission's view, it is desirable to implement this rule before any new LLW disposal site is licensed and operating.
Even if Agreement State regulations are not yet final, LLW f acility operators will know NRC manifesting requirements.
The NRC intends to use the time before July 1, 1996, to initiate trial use of its Uniform Low-level Radioactive Waste Manifest.
This trial use is i
intended to surface any practical problems in using the manifest.
- 3. Summary of Public Comments and Changes from Proposed Rule This section presents the principal issues raised in public comments on the proposed rule, the Uniform Low-Level Radion:tive Waste Manifest forms, and the instructions that support the manifest.
This section also contains the NRC staff response to the comments and a summary of the principal changes that i
8 i
i
i l
were made to the proposed rule or to-the Uniform Low-Level.' Radioactive Waste Manifest and its supporting instructions.
This section has been arranged so 4
that it corresponds to the structure'of the proposed rule. However, a number f
of comments-addressed specific aspects of the manifest forms or the supporting l
instructions. 'These comments are addressed following those that rel:te to a
- specific provision of the rule. The overall format is the applicable rule l
section, any minor changes to that.section, principal comments and issues, l
1 NRC's response, and the effect on the final rule section.
The NRC_ received 40. comment _ letters.
Fourteen were from States or their f
representatives (i.e., LLW Forum and Compact Commissions).
Eight were from t
4 LLW generators or their representatives.
Six were from utilities or their 1 representative.
Four were from service industries (processors and collectors) or their representative.
Four were from Federal agencies.
Two were from j
environmental organizations. And two were from LLW disposal facility operators.
t i
Section 20.2006 Transfer for disposal and manifests I
In addition to the changes discussed below, the final rule has been clarified by specifically stating that the manifesting requirements apply to any licensee who ships LLW to a licensed LLW land disposal facility, a waste i
collector, or a waste processor.
Comment:
Four commenters believe that it is too early to promtigate a j
uniform manifest rule.
These commenters pointed to the fact that this f
rulemakirg would change 10 CFR Part 20 before the new 10 CFR Part 20 l
regulations have been implemented and argued that the Compacts and States are l
-unsure, at this time, as to what information they need.
One commenter stated
{
that the uniform manifest would not be accepted by State jurisdictions.
Other
_l commenters believe that, to facilitate development of Compact or State LLW tracking systems. the rulemaking should be f Malized without delay.
Response
The comments on 10 CFR Part 20 have been overtaken by the f
fact that all licensees were reauired to implement the new standards for protection against radiation in 10 CFR Part 20 by January 1, 1994, and the NRC i
9 i
i t
l
sees no other reason to delay promulgation of this rule.
From NRC's perspective, the schedule for this rule is, in large measure, driven by the
-need to gain access to the waste form. :ontent, and disposal container information that is expected to be useful in assessing the performance of LLW t
disposal sites.
Although a significant fraction of this information it currently collected by the current disposal facility operators, the The NRC compatibility and completeness of the existing data was of concern.
concluded that these drawbacks could be accentuated if each future LLW disposal site collected, stored, and reported data in an uncoordinated manner.
Thus, the timing for implementation of the rule has coasidered the proposed schedules under which new LLW disposal sites are being developed.
The July 1, 1996, effective date was selected to precede the date on which any LLW disposal site, not operating before this rule is promulgated, would be f
expected to receive llW.
The Other parties also have critical interests in manifest information.
DOT imposes regulations applying to shipping papers for hazardous materials.
The Compacts and States, given the responsibility for developing LLW disposal sites under provisions of the Low-Level Radioactive Waste Policy Amendments Publication of the Act of 1985 (LLRWPAA), are interested in tracking LLW.
l rule at this time provides these parties the information requirements needed to effectively develop their tracking systems and allows all parties involved in LLW shipments to become familiar with the presentation of snipping paper l
information which has been found acceptable by DOT.
l Finally, because all the existing disposal sites are located in Agreement States, these States must be provided sufficient time to work closely with the NRC and their licensees, especially existing LLW disposal facility operators, to implement this rule.
To facilitate a smooth transition, the rule provides that implementation can be delayed to a date no later than July 1, 1997.
On the question of manifest acceptability by State jurisdictions, the NRC is not aware of any States that would not accept the manifest, given that State and Compact groups have been in the forefront in suggesting the need for a uniform manifest and that the manifest has been approved by the 00T as meeting that agency's shipping paper reouirements.
10
t 4
i Final rule:
6 2042006(b) has beer divided into two paragraphs.
The
'first, (b)(1),.is the existing 520.2006(b).
The second, (b)(2), reflects the new 120.2006(b), but with added phrases reflecting the implementation j
f provisions discussed in Section 11 ano changing the proposed Appendix F to Appendix G.
A clarifying paragraph. 5 20.2006(a){2), has also been added to l
descrite implementation provisions, and a consistent clarifying phrase has been added to i 5 20.2006(c) and (d).
Several.commenters~ questioned whether implementation of the j
Comment:
These
. rule would provide any significant p1blic health and safety benefit.
'i commenters stated that the rule identifies no current problems or concerns f
Two that could jeopardize the safe transportation or disposal of LLW.
commenters supported the rule citing the need for source term and waste One commenter believes that the increased cost of l
characteristic information.
documentation and recordkeeping is outweighed by the need to have reliable up-i to-date information.
i The benefit of the rule is tied to (1) being able to develop
Response
specific data needed for assessments to demonstrate compliance with the performance objectives in 10 CFR Part 61, specifically pertaining to prutection of the general population from the releases v7 radioactivity at LLW j
disposal facilities and understanding of potential " problem" wastes, (2) the l
improvement in quality and uniformity of data collected and reporting that f
.could affect the iforementioned performance estimates, and (3) efficiencies in Benefits may i
data recovery and use when addressing health and safety issues.
also occur in transportation-related emergency response situations from the use of a standard DOT shipping paper format and a reduction in the manifest paperwork needed to accompany the LLW shipments.
Finally, by providing information that the States and Compacts believe necessary to carry out their l
responsibilities, a consistency in view of LLW is fostered that could minimize j
the potential creation of " orphan" waste and assist in efficient and safe LLW management nationwide.
Final rule:
No change.
-l 1,
11 i
i i
d Comment:
Three commenters questimeo whether the rule explicitly or implicitly expands the authority of LLW Compacts to regulate the shipment of radioactive materials that are not LLW.
Response
The rule does not change the intent of the regulations as expressed in 5 20.311 of the expired provisions of Part 20 or in Appendix F to Part 20.
In both cases, the [ waste] generating licensees who transfer waste to a licensed waste processor are subject to manifesting requirements.
In this context, the rule provides definitions for " waste generator," " waste collector," and " waste processor." The rule is not viewed as having any In fact, impact on the Compact or State authorities defined in the LLRWPAA.
the NRC believes that the manifesting required by the rule should provide most See comment and information sought by State cc Compact LLW tracking systems.
response under Appendix F, 1. Manifest - Introduction and Definitions sections, for related discussion.
Final rule:
No change.
Appendix f to 5 5 20.1001 through 20.2401 [ Appendix G to 5 5 20.1001 through 20.2402 in this Final Rulel 1.
Manifest - Introduction.
In addition to the changes discussed below, corrections have been made to the Title number referred to in citing Environmental Protection Agency The (EPA) regulations and the definition of " EPA identification number."
reference to Xerox copies has been dei aed since the word " photocopy" is sufficient.
In response to a point made by some commenters, the first paragraph under "1. Manifest" has been amended to be consistent with the remainder of the rule in stating that the rule applies only to shipments of LLW intended for ultimate disposal at a licensed LLW land disposal f acility.
Comment:
Five commenters and several attendees at the June 15, 1993, public meeting, questioned the need for licentees to be required to complete the uniform manifest for shipments to waste nrocessors, especially ;n those cases where the processor could be making significant changes to the volume, form, activity, or radionuclide concentration.
These commenters also 12
i
.i questioned whether shipments of LLW fro,prccessors or decontamination j
facilities back to the original "aenerators" for interim storage should be i
manifested using Form 541.
One commenter auestioned whether the intent of the-f l
rule was to require manifesting of " materials" (e.g., laundry from a nuclear facility).
Another commenter stated that the rule is confusing with cegard to.
j ters are correct in stating that the primary ~
e o se h
v co
. interest of NRC (i.e., for performance assessment purposes) is on the characteristics of LLW that is being shipped for disposal.
However, the.
.I
- manifesting requirement for'those shipping LLW to processors originated with
-the 10 CFR.Part 61.rulemaking. One of the reasons for this requirement was to develop a representative data base unskewed by large volumes of LLW that may
.j
. pass through waste processors and collectors.
Moreover, for waste being
~
I shipped to a processor for compaction, the information provided by the waste generator would be the basis for completing and certifying the manifest that the processor must complete when the LLW is forwarded for eventual disposal at a land disposal facility.
In considering shipments to incinerators, the NRC j
staff agrees that NRC's need for incoming manifest information is not relevant l
to the gathering of information useful to conduct performance assessments but directed at waste tracking.
The NRC staff believes, based on its
- o interactions with the States and Compacts, that these parties are gimarily interested in large volume or high activity LLW for which they are responsible under the LLRWPAA. Thus, the shipments to an " incinerator" processor should not generally be subject to the manifesting provisions of this rule.
The case The of shipments of laundry from a nuclear facility is more clear-cut.
incoming laundry shipment is not considered waste and would not be required by NRC to be manifested.
For shipments of LLW being shipped to and subsequently returned by a processor to the original " waste generator" or "generu 'r," the NRC believes that,.under these special circumstances, completion of the uniform manifest is not necessary to meet NRC needs and this exception has been included in the rule.
The potential need for NRC to track dV in storage may result in a reexamination of this exemption.
Licensees should be aware that, because the shipments in question are LLW, the States or Compacts may require completion of manifest documentation. Note also, that if the processor ships processed 13 1
1
.. ~,_
LLW to.a licensee other than the origir,al generator, ma..ifesting under this rule is required.
Final rule: A sentence has bee,. added to the introductory paragraph of Appendix G which states that', " Licensees are_not' required by NRC to comply with the manifesting requirements cf this Part when they. ship:
(a) LLt,' for processing and expect its return (i.e., for storage under their license) prior to disposal at a. licensed land disposal facility (b) LLW that is being returned to the licensee who_is the " waste generator" or " generator," as.
. defined in.this'Part, or (c) radioactively contaminated material to a " waste processor" that becomes the processor's " residual waste."
Comment:
Two.commenters noted that NRC will allow the use of substitute
. forms if they are equivalent in all respects (content, size, shading, color, etc.).
They noted that the requirement for equivalent color and shading will create problems for computer generated forms, and suggested the following l
definition, "... Licensees need not use originals of these NRC Forms as long as f
any substitute forms are equivalent to the original documentation in respect of form, content and location of information."
l i
Resoonse:
The NRC agrees that the requirement that substitute forms use
]
the same color and shading of the NRC Forms would likely preclude the use of 6-licensee generated forms.
Final rule: The NRC is modifying the definition in a manner consistent with the commenter's proposal.
The appropriate part of the definition will read, "... Licensees need not use originals of these NRC Forms as long as any substitute forms are equivalent to the original documentation in respect to content, clarity, size, and location of information."
I.
Manifest - Definitions In addition to the changes discussed in this section, definitions have been added for the terms:
" consignee" and " computer readable medium." The definitions for " shipper" and " decontamination facility" have been_ expanded to provide the basis for deleting the " Note" in the originally proposed t
definition of " waste generator."
14 i
e a -m-
i f
Comment:
Two'commenters stated dhat tne definitions of " decontamination i
facility," " waste generator." and
- waste processor" were muddled in that a clea'r distinction between these terms may not be evident. One commenter suggested that,.if waste is created from a service industry (e.g.,
decontamination facilities), the service organization should be considered the generator of the waste.
Response: The three definitions were considered necessary to allow the Compacts / States the greatest flexibility in carrying out their authorities to track low-level waste generated, processed, decontaminated or ' disposed of j
within their Compact / State. This includes the possibility that, as the j
i
-commenters suggested, wastes created from certain service organizations in the treatment of contaminated material could be attributed to the service j
organization.
The definition of " decontamination facility" is included in the rule to f
ensure that these facilities complete the uniform manifest (at a minimum, l
forms 540 and 541) if they were shipping waste to a licensed land disposal' facility.
The Compacts or States must decide whether the radioactivity resulting from the processes undertaken at there facilities must be assigned to originating generators. The rule includes a definition of " residual wute," that provides a basis for this waste to be assigned to the decontamination facility for waste tracking purposes.
This approach may also j
apply to a waste processor.
Absent a definitive agreement among the Compacts and States, the rule would allow the Compacts and States to determine what
'f constitutes " residual waste," and as a result, if the decontamination facility or waste proc'essor must complete Form 542 of the manifest.
This rule does not I
require shippers of radioactive materials to either decontamination facilities The or waste processors to comply with the rule's manifesting requirements.
j i
In the rule does apply to shippers of radioactive waste to waste processors.
q context of the rule, decontamination facilities would not be expected to be consignees for shipments of LLW.
Final rule: A phrase has been added to.the definition of
" decontamination f acility," which states that, "..., and for purposes of this Part,.is not considered to be a consignee for LLW shipments."
15
i i
i Comment: One commenter stated th:.t the distinction between the terms
" generator" and " waste generator" was confusing and, in view of the definition l
-of " residual waste." was not needeo. Other commenters stated that the phrase.
.... for which no further use is foreseen...," used in the definition of f
" waste generator," is inappropriate. Three commenters and attendees at the June 15, 1993, public meeting suggested that the rule focus on the entity to f
i whom I,LW or radioactive material is being shipped - suggesting one manifest for shipments to a LLW disposal site and a different manifest for shipments to material / waste processors.
One commenter stated that the. starting and ending I
points for the paper-trail for material / waste shipments were unclear.
Response
All three terms, " generator", " waste generator", and
" residual waste" are needed. Under the approach followed in the rule, the definition of the term " generator" is included to ensure that information is collected on Forms 541 and 542 of the manifest that will allow Compacts and
{
l States to demonstrate that the wastes disposed of at their LLW sites is that 1
for which they are responsible under the LLRWPAA.
In the rule, the term 1
j
" waste generator" is used to define a category of licensees who must use the l
uniform manifest.
The term " generator" defines the licensee to whom specific LLW must be attributed in the context of the LLRWPAA.
A " waste processor"
{
(including " decontamination facilities") must reasonably attempt to assign the j
waste shipped from the processor's facility to the originating " generator."
The rule provides an exception to this accountability provision if the waste being shipped by the processor can De categorized as " residual waste"; that is, waste originating as a result of processing or decontamination activities performed for others, but which cannot be easily categorized into distinct l
batches attributable to specific " generators." Conceptually, the definition of " residual waste would be used for small volumes of waste containing minimal levels of radioactivity.
The NRC has encouraged the Compacts and States to develop a common definition of what constitutes " residual waste."
The rule would not be affected if different Compacts or States impose a different. definition.
However, " waste processor" or " decontamination facility" licensees could be required to corelete Form 542 of the uniform manifest.
The phrase "... for which no further use is foreseen...." was included in the definition of " waste generator" to provide one basis upon which a 16
licensee can decide if a shipment to a waste processor is considered a LLW shipment that must be manifested.under the provisions of this rule.
The intent of the rule is to require manifesting _if the licensee consides the entire shipment to be LLW.
The commenter's suggestion for a "two-manifest" approach, although theoretically feasible, was considered a less justifiable regulatory approach, since it would impose manifesting requirements for certain material shipments.
The NRC did not consider it necessary to require manifesting of material shipments sent for decontamination or sorting, or coupled to energy recovery, because the waste processor would be manifesting the subsequent outgoing LLW shipment.. In the outgoing shipment from the waste processor, the assignment of the radioactivity on the manifest. completed by the waste processor, would be to either a particular " generator" or if appropriate, to the waste processor, as " residual waste."
The starting and ending points for the paper trail may not be completely clear because different Compact / States may impose different requirements based on their authorities.
The approach taken in the rule was to provide a manifesting system that could accommodate these differences.
Final rule: The phraseology of the " waste generator" definition has been changed to clarify that, under this definition, the shipping licensee, absent any regulation or guidance to the contrary, must decide if the shipment constitutes a LLW shipment.
Comment:
One commenter suggested that the definition of " waste type" be expanded to cover " chemical" description.
Response
The chemical description is reported separately for each waste type and therefore, the definition of " waste type" does not need to be expanded. The major purpose of defining " waste type" in the rule is to identify the detail needed when describing the contents of containers including two or more specific waste types as further discussed in the response to comments urder '?isposal Container information."
Final rule?
No change.
17
i i
Ai General Information.
, Corrections have been made in Appendix G, paragraph A.2 to change l
" identifier" to " identifiers" and Appendix G, paragraph A.3 to properly refer to the EPA identification number for the carrier transporting LLW.
Comment: 'Six commenters expressed' views'on whether the Uniform Manifest j
and-its supporting. instructions should be incorporated in the rule.
Some l
commenters. stated that because completion of the. manifest forms is required by j
the rule, the forms should be incorporated in.the rule.
This action was i
suggested to facilitate comments on the forms and to allow Agreement States l
appropriate opportunity for their involvement and sufficient time to make any
.l changes that NRC may make to the forms over time. One commenter stated that 1
the failure to include the manifest forms in the rule could be con:idered arbitrary. Three commenters argued that the Manifest and its supporting j
instructions should not be a part of the egulation. With this approach the NRC would retain the flexibility to make non-substantive changes to the Forms t
or instructions without a rulemaking action.
Response
Although the' uniform manifest forms are not physically a part j
r of.the rule, their-availability was noticed and they were widely distributed.
The advantage of separating the forms from the rule is that minor changes to the fon.s, such as additions to the container description, waste descriptor,
- or sorption, solidification, and stabilization media codes that appear at the bottom of Form 541, can be made without the need.for a rulemaking action or the replacement of the manifest forms then in use. Minor changes or any l
changes in the format or instructions for the uniform manifest would be
[
treated as NRC currently treats regulatory guides.
Regulatory guides are issued for~public comment and these comments are analyzed before the guide is issued in final form.
As one commenter presumed, the minor revision and changes to the manifest or instructions would be tracked (e.g., a form j
revision number).
Any significant changes to the uniform manifest forms, such j
as a request for:further basic information on the waste or disposal container, l
would be accomplished through a rulemaking.
The NRC staff recognizes the importance of input from those most immediately affected by the requirement to complete the uniform manifest.
It l
- was principally this' reason that led to the NRC holding the public meeting on 2 -
18 l
June 15, 1993.
Thus, the NRC staff 90e> not consider separation of the Forms and instructions from the rule arbitrary.
Final rule:
No change.
Comment:
One ccmmenter suggested that the rule should require the generators to provide the " generator type" code called for in item 5 of Form 540.
Response
Because this information would be obtainable through the generator ID or. user permit number, the need to complete the block in question was not sufficiently important for the NRC to require its completion.
The States, Compacts, or the consignee could require this information to be completed.
Final rule:
No change.
B.
Shipment Information.
Comment:
One commenter questioned the need to report small quantities of Tc-99 on manifests while another commenter was unclear on why certain nuclides were singled out in reporting source and special nuclear material.
One commenter stated that the eporting of 5 20.311 radionuclide LLO values 6..d the delisting criteria, as described in the inst s tions for uniform manifest completion, should be incorporated in the rule.
Response
The need to report Tc-99 represents an existing manifest requirement in 5 20.2006 and Appendix F to 5 5 20.1001 through 20,2402 and was addressed in the 10 CFR Part 61 rulemaking; that is, the nuclide's long half-life, mobility, and influence on performance assessment results.
The singling out of specific nuclides for source and special nuclear material was done to emphasize that it was the weight of these nuclides that was being requested and not the weight of any compound or media with or within which these nuclides may be associated or contained.
The instructions for the uniform manifest specify the minimal levels of activity that must be reported on the manifest and, without a specific reason to include this information in the rule, this information continues to be addressed in the instructions.
l Final rule: No change.
1 19 J
C.
Disposal Container [and Waste Information.
In addition to the change discussed in this section. the heading has been broadened to more precisely refie d the general types of information being requested and the listing of items has been reorganized and clarified to describe the variations in required information that are dependent on whether:
(1) the waste is containerized or uncontainerized, and (2) the consignee for the waste is a licensed low-level waste disposal facility.
Furthermore, a clarification has been made in Appendix G, paragraph 1.C.4 to indicate that
/
The NRC
~
the gross weight of the wute and disposal container is required.
requirement to report contamination levels on the surface of disposal containers has been deleted to correct a typographical error.
This item still appears on the manifest as a non-Federal informational need because it is required by one of the current disposal facility operators for operational safety reasons.
One commenter suggested that the level of reporting required Comment:
in the current Appendix G, paragraph 1.C.9 (previously Appendix F, paragraph I.C.8) did not go far enough and that Class A sorbed or solidified waste Other should be reported in a similar manner to Class 8 and C wastes.
cc :menters stated that shippers of Class A waste were being unduly impacted.
One commenter stated that it was impractical and/or not meaningful to provide separate isotopic breakdowns for all mixtures of Class B and C wastes.
Another commenter believes the requirements for nuclide reporting of Class A versus B and C wastes was unclear.
Response
The principal purpose of requiring wastes to be described by individual waste descriptors is related to the capability of performance assessment methodologies to distinguish between certain types of wastes in terms of their public health significance.
The commenter who indicated that the proposed rule was too broad in its requirement to distinguish between all Class B and C waste types is correct.
The data likely to have the greatest significance are those associated with waste types from which radioactivity releases could reasonably be limited.
The ability to distinguish differing radioactivity release rates from Class A wastes could also be significant to site perfcrmance assessments.
20 l
s LFinal rule:
Appendix G paragraph I.C.9 (previously Appendix F,
[
- paragraph'l.C.8) has been modified'to delete the phrase at_the end.of the
-proposed paragraph which stated, "if the...edia is claimed to meet stability.
requirements in 10 CFR 61.56(b)"; and paragraph I.C.'10 (second_ sentence) has j
i i
been modified to read, "For discrete waste' types (i.e., activated materials, l
contaminated equipment, mechanical filters, sealed source / devices, and wastes in solidification / stabilization media)', the identities and activities of I
individual radionuclides associated'with or contained on these waste types within a disposal container shall'be reported."
- i l
1
_One commenter asked that the need to identify each drum Comment:
(disposal container) of waste be reconsidered because of the impact on small l
l generators. -Another commenter noted that the proposed disposal container for most new disposal sites is. a concrete overpack and stated that, although each
]
container of each shipment must be indicated on the manifest, tracking of the l
waste by overpack is more relevant. One commenter believes that j
accountability necessitated a drum / container number.
The need for disposal container information is not only to j
Response
provide data that could be useful for performance assessment purposes but is l
i quired by DOT if the disposal container and transport oackage are identical.
Identification of each drum would provide a basis for associating a waste generator with-specific waste in a shipment.
The suggestion regarding j
tracking of waste by overpack at the disposal site is allowed under the provisions of this rule if the container description code indicates, through I
use of the symbol "-0P." that disposal in an approved structural overpack is j
required.
Final rule:
'0 change.
D.
Uncontainerized Waste Information.
Final rule:
The introductory language of Appendix G, paragraph I.D. has l
been made consistent with the revised paragraph I.C, and paragraph I.D.1 has j
I
- been modified to require that information o.. the approximate volume, as-well as the-weight of the uncontainerized waste. be provided on the manifest.
i l
21
.I P
~ ~ "
~ ~ * -
~
w
- ~ __,.,. _
E.
Multi-Generator Disposal Contciner Information, Final rule:
The wording of Appendix G, paragraph I.E.2 has been changed to be consistent with the change made to Appendix G, paragraph I.C.10.
The
" note" has been clarified to state that. "The origin of the LLW resulting from a processor's activities may be attributable to one or more 'generaturs' l
(including ' waste generators') as defined in this Part."
III.
Control and Tracking - Appendix G, paragraph III.A.
Appendix G, paragraph III.A.2 has been modified to allow the label indicating classification of the waste (including the potential for a
" greater-than-Class C classification") to be provided on the transport package (instead of the container) for those shipments for which labeling of the disposal container presents a potential radiation hazard.
Comment:
Two commenters stated that Form 541 of the manifest may contain information important to emergency response teams responding to a transportation accident involving a LLW shipment and may be required by State agencies to accompany shipments.
One commenter indicated that the New York State Department of Environmental Conservation requires information that is fe'ind on both Forms 540 and 541.
Response
The 00T has the Federal responsibility to determine what
)
information must accompany a shipment to meet potential einergency response needs.
The NRC has obtained 00T concurrence that the information provided on Form 540 meets their requirements for shipping papers.
However, the rule does not preclude form 541 from accompanying the shipment.
Thus, if authoritative State requirements exist for information contained on form 541, this information could accompany the shipment as Form 541 or a separate additional item of paperwork.
Final rule:
No change.
Comment:
One commenter stated that 60 days between a consignee's receipt of an advance manifest and a requirement to ir. form the NRC and the shipper that the consignee has not received the shipment seemed like a long time.
Another commenter questioned what. exactly, needed to be completed 22
1 h-within the one' ween window providea in the acknowledgement of shipment
- receipt.
Response:. Advance, notification can take' place' weeks before a shipment-leaves the' consignor's facility.
As a result, 60 days is not considered too
.long a peri'od.
This period has not been changed from the current-regulation.
The rule states that;the consignee must send the acknowledgement of: receipt (a signed copy of Form 540).within one week of shipment receipt.
Paragraph E'of
~
the existing rule, which has not been changed, addresses actions to be taken if acknowledgement of receipt is not received.
Final' rule:.No chang?.
Comment:. One commenter asked who would be responsible for verifying and
~ assuring the currentness of generators' QA programs.
Response:. As indicated in the " Certification" section, the person signing the shipment manifest is certifying that the transported materials'are To the extent properly classified,. described, packaged, marked, and labeled.
thst a processor must rely on the information supplied by the waste generator, the processor must assure that the information received is sufficient, accurate, and current. Any QA program mandated by this rule, as adopted by Agreement States, would be subject to either NRC or Agreement State inspection and enforcement. On this subject, this rule has not instituted any substantive change.
Final rule: No change.
Comment: One commenter stated that the rule, in the current Appendix G, paragraphs Ill.A.5, 111.B.3, and Ill.C.6, requires that a manifest both-precede and be delivered to the consignee at the time the LLW is transferred.
This commenter also suggested that the licensing authority be informed of a shipper's failure to receive acknowledgement of receipt of shipment at the time the shipper'begins the required investigation or when the shipper has reason to believe a problem exists.
Response: The.NRC'does not see an NRC need to t"anscit both manifests.
However, States or Compacts could impose this requirement.
Similarly, because failure to receive acknowledgement is highly likely to be an administrative problem..the NRC sees no reason to change the existing regulation that 23
(
l 4
requires reporting.within two weeks of completion of the shipper's investigation.
3 Final-rule:
No change.
i 111.- Control and Tracking - Appendix G, paragraph Ill.B.
Comment: Two commenters questioned whether the chain of custody of j
wastes handled by waste collectors can be Jetermined under the-requirements of this rule:if more thanLone entity was involved with the waste.before its handling by the collector.
Another commenter stated that'the identification of the original generator of LLW sent through processors or collectors must be l
ensured.
. Response: Under the final rule, all waste collectors and processors must complete NRC Manifest Forms 540, 541 and 542. The information on these
- forms (including prL Jus manifest numbers) Would allow'any waste the l
collector or processor handles to be tracked back through one or more manifests to the originating " generator"'or " waste generator," as defined in the final rule.
Final rule: No change.
i 10 CFR Part 61 Section 61.12 Specific technical information (as contained in 5 61.80)
Comment: Nine commenters discussed the concept of requiring that. the storage of data be kept on electronic recordkeeping systems and reporting of data be accomplished on a machine (computer) readable medium.
This requirement only applies to LLW disposal facilities.
Eight of these 1
commenters supported the requirements in the proposed rule. One commenter
)
agreed with the NRC view that Agreement States should determine whether or not f
they will require their licensees to report stored information on a computer-readable medium. One commenter stated that there will be a need for quality assurance programs for both hardware and software of both the' disposal facility operator and the generator of the w ie. This commenter asked who would be responsible for verifying the generator's auality assurance programs.
~ Because. the disposal f acility. operators have differtnt hardware and software.
24 1
J
t 9-I 4
this commenter was concerned-that infornation transfers may be so garb ed as
-l l
to be unusable.
Response
The NRC staff does not believe this new requirement changes the'. existing requirement.in 10 CFR Part 20 for'a quality assurance program by j
any _ license'e who_ trar,sfers radioactive waste -to. a land disposal, facility.
The appropriate: licensing authority is, therefore. responsible for verifying that l
6n acceptable program is in place. The-disposal site operators currently l
The NRC-verify! incoming shipments as part of their quality assurance program.
ddesnotenvisionanychangetotheseexistingprocedures. Any reporting of f
the information-electronically. stored at the-LLW disposal facility would comply with the American Standard Code for Information Interchange requirements.
Final rule:
No change.
h
~
Section 61.80 Maintenance of records, reports.'and transfers
~
i The proposed rule made an administrative correction to 5 61.80(i)(1) regarding to whom the annual report. should be submitted.
This correction has
'been revised in the final rule to reflect the m::st recent.NRC organizational l
changes.
References to " Appendix F" have been changed to " Appendix G."
4 i
Comment:
One commenter questioned the need to record and track j
discarded material (pallets, bracing, etc.), as the volume of these materials i
is insignificant and does not impact the performance of the facility.
The commenter also believes this will be a burdensome chore.
Response
The NRC staff believes the commenter is correct and will make this requirement only applicable to contaminated material that is disposed of.
Final rule:
The requirement will read, "... the volume of any pallets, bracing, or other shipping or onsite generated materials that are
' contaminated, and...."
25 O
Uniform Manifest Forms and instruct'on; General Comments Over two thirds of the commenters specifically stated their support for the development of a Uniform Radioactive Waste Manifest.
None opposed the concept, but a few saw no problem with the manifests currently being used.
Many commenters went on to identify specific areas which they believe could improve upon the NRC's proposal.
The NRC has incorporated many of these suggestions into the final rule, the Uniform Manifest forms, and the supporting instructions. One of the most significant comments on the forms dealt with the format in which the material is presented.
As discussed in the Rulemaking History Section of this preamble, the NRC has attempted to meet the requirements of various Federal, State, and operator needs.
Some of these requirements have conflicting implications.
Several commenters noted that the proposed forms require some duplication of reporting between what is required for the DOT and the NRC.
By far the most significant element of duplication dealt with reporting radionuclides and their activity on both NRC Forms 540 and 541.
This resulted from the NRC staff's understanding of 00i's views of the regulatory vceptability of manifests currently in use, and was confirmed in a DUT letter to the NRC dated January 6, 1994.
The DOT requires all their information to be together and not combined with information requirements of the NRC, States, or the operating facility.
Given this requirement to separate the information, the NRC believed that, in complying with the D0T, a significant amount of physical paperwork accompanying the shipment could also be reduced by the use of electronic or other transfer of non-D0T information.
Only D0T-required information must physically accompany the shipment.
Therefore, the concept of three forms, each with a specific purpose, was developed.
NRC form 540 is used to meet DOT shipping paper requirements for transportation and NRC waste tracking requirements.
NRC Form 541 is used for waste and container information needed for assessing and monitoring disposal of radioactive waste. NRC form 542 is used to collect waste generator information for LLW shipped from a waste collector or processor that can be used by the Compacts to establish the " generator" of LlW in the context of the Amendments Act.
26
i l
l i
The NRC has worked with DOT in an attempt to minimize the burden of i
duplicative reporting.
The DOT has made an interpretation of its regulations that the shipping paper need only include a listing of the significant nuc_lides in a transportation package and document the total activity i
information on a "pacLage" basis. The oroDosed rule required activity
.l information by radionuclide.
The NRC staff believes that this interpretation j
will significantly reduce duplicative reporting of each nuclide and its
{
respective accivity.
Within the Department of Energy's-(DOE's) National Low-level Waste Management Program, a software package is under development that will prompt the user to provide-the information_needed to complete the uniform manifest
- and will then be' capable of producing the completed manifest forms.
It is intended that this software will be provided to requesters, and, if this activity is. successful, the reporting burden will be further min _imized.
Six commenters noted that the NRC Forms use a combination of Comment:
English and metric (SI) units.
These commenters wanted the NRC to standardize Of the the use of reporting units to reduce the inherent confusion.
commenters stating a preference, English units is the preferred choice.
99sponse:
The NRC agrees that the use of dual caits causes confusion.
'The proposed forms were designed to combine proposed requirements of D0T with standard reporting currently in use.
Based on the expected (NOTE THIS MAY NEED TO BE UPDATED) final D0T requirements and NRC's policy statement an the use of-units (57 FR 46202; October 7, 1992), the forms and instructions have been revised to foster the use of metric units (except one column on Form 540 to comply with a unique DOT requirement).
The NRC has presumed that final DOT regulations will require the use of metric units for shipping papers (NRC Form To be consistent with NRC goals the NRC forms 541 and 542 will indicate 540).
a preference for reporting in metric units, but, if the consignor and consignee, and others having authority over reporting requirements agree, English units may'be used. Note that reporting in dual units would also be accept able.
Nine commenters responded.to NRC's request for comments on the Comment:
potential to broaden the current p.rpose of the manifest number to provide 27
information other than that requireo fcr tracking.
These commenters were about equally split on the advisability of broadening the use of the manifest number. The supporters generally belie.e that a unique number may reduce some reporting requirements and would add a degree of control.
One commenter noted that, while supporting the concept of a unique munifest number, its Those implementation could, however, be cumbersome, confusing and difficult.
commenters not supporting broadening the manifest number's purpose, generally did not see a clear benefit to the change.
While the NRC believes a unique manifest number could provide
Response
some benefits, the difficulty in implementing the concept at this time does not appear to warrant the resources that would be necessary.
Also, at this time, the NRC does not have a clear concept of what a unique manifest number would include. Therefore, for this rulemaking, the NRC will not change the After the Uniform Manifest is in use, the NRC will manifest number's purpose.
The evaluate all aspects of the forms to identify potential improvements.
usefulness of the manifest number will be reviewed at that time to determine if changes are warranted.
Form 540 Comment:
One commenter stated that it appeared that Form 540 is intended to replace the Bill of Lading.
Response
Form 540 is not intended to replace the Bill of Lading.
However, the form does provide a format for reporting information to satisfy D0T's shipping paper requirements.
Box l-Emergency Telephone Number and Organization.
Comment:
Several commenters questioned what organization is to be identified with the emergency telephone number.
Information in this box was stated as being insufficient in light of other information accompanying shipments.
Response
The organization to be identified may be the shipper but could also be an organization, such as Chemtal.
The telephone number is all that is required on the shipping paper by DOT.
Other emergency response information required by 00T (49 CFR Part 172.602), but not as a shipping paper requirement, would still have to accompany the shipment.
28
-=
n
' Boxes 2 and 4-Exclusive Use ano Regulated Waste Checkoff Boxes.
~
Severalfcommenters questioned why it is necessary to check-t Comment:
-these boxes indicating.whether the shipment is " Exclusive Use". or includes EPA l
i or State-designated hazardous waste. _One commenter-also asked whether a'
-l 4
5 negative declaration would satisfy EPA that no material is present.
Response
Box 2'is provided.to comply with'the recent additional DOT'
,l descriptive requirements in 5 172.203 of Title.49.
The current Chem-Nuclear l
l manifest contains this'information item.
Box 4 provides a crosscheck to
~
ensure that'an EPA Uniform Hazardous Waste Manifest.is attached to the Uniform Low-Level' Radioactive Waste Manifest. if required.
It is not necessarily intended to provide a basis to satisfy EPA.
j Box 5-Shipper - Name,and Facility, Identifiers.
Several commenters suggested that unique generator ID numbers Comment:
should be developed to allow optimal tracking and possibly reduce the-l information required on the manifest. 'One commenter supported the addition of-l
" Fuel Cycle Industry".to.the " Generator Type" codes but suggested that the "Other" Code be deleted.
The development of an ID system has merit.
The NRC staff has
Response
t concluded,"however, that the development of such a system would be a significant undertaking and would have a serious impac+ an the rulemaking f
schedule. The NRC may consider development of an ID system after implementation of the rule if it appears necessary or worth while.
Although the listed codes should cover the universe of generators, the "Other" code is l
being retained.
A review of the use of this code may lead to appropriate expansions or clarifications of the coding system.
A t
Box 6-Carrier Name and Address.
3 Comment: One commenter suggested that space for more than one carrier l
was needed, consistent with the requirements on the uniform hazardous waste manifest.
Response: The NRC believes that the required tracking can be accomplished through identification of the original _ carrier.
Box 7-Listing of the number of manifest form pages.
j Several commenters expressed views on the flexibility implied j
Comment:
by this box.that indicates the possibility of additional information being
[
h t
29 f
s
=.
);
-l I
t t
appended to.the manifest by disposal facility operators. States. or Compacts.
~
.Four commenters be ieved that the rule should specifically prevent.the l
?
possibility of unfettered additional.ao erm manifest reauirements.
Four
~ other commenters supported this flexibility. However, most of these commenters recognized that wide rangir.g. additional reporting requirements would defeat the purpose of the Uniform Manifest. On a different point on
-this box, two commenters stated that the page numbering system was absurd.
The NRC believes that the information being collected on the
[
Response
uniform manifest may not always be completely sufficient to meet a variety of f
legitimate needs.
Because the manifest dat. requirements have been selected to satisfy the great majority of needs, the NRC' staff believes che need for-additional information should not oresent an overwhelming burden.
If I
additional information is required on the manifest, it must be' appended to the l
uniform manifest forms.
This information along with Forms 541 and 542, if required, may be transmitted electronically, by mail,.or by some other
{
mutually accepted method.
The NRC staff believes there may be some confusion on the page numbering system.. All that is being asked for is'the total number of pages comprising l
the manifest.
The NRC staff believes this is a standard pagination scheme for m uring completeness of a documentation package.
j Box 8-Manifest Number.
i Ccmment:
One commenter suggested that further guioance for uniquely identifying manifests is needed because LLW can move between several entities before being shipped to a disposal site.
Two commenters questioned how f
tracking would be accomplished if the chain-of-custody involved more than one j
i entity.
Response
As currently envisioned, all collectors or processors must complete Form 542 and, in so doing, identify a manifest number associated with the incoming shipment.
Thus, LLW received at a LLW disposal site will be j
traceable back to the original generator, and no further guidance is needed.
Box 10- Certification.
Comment:
One commenter suggested further guidance on whose signature should' appear in this block. One commenter stated that site-specific needs j
may dictate different wording.
Another commenter stated that, in certain v
. cases, certification to 10 CFR Part 61 reautrements is being requested for j
30 I
e
shipments.not directed to a disposal facility.
One commenter suggested that the certification statement should include an appropriate caveat for collectors.who do not alter the form of LLW. One comment'er generally addressed the responsibility issue.
Response
The NRC staff envisions that thi person certifying the shipment will.not change from existing practice.
If it is necessary to change the wording of the statement, an additional certification sheet may be necessary.
The words "if applicable," have been added before the reference to 10 CFR Part 61.
The NRC staff believes the wording'in the' rule, Appendix G.
Section II, provides the caveat the commenter suggests.
Column 11-U.S. Department of Transportation Description.
Comment:
One commenter stated that the instructions were confusing'in j
defining whether shipment or package information was being requested.
Another
{
commenter believes it was not clear how a shipper would describe a shipment of
{
multiple disposal containers containea within a single transportation package.
1
Response
All information on Form 540 is on an individual package basis in compliance with DOT s M oing paper renulations.
Thus, Form 540 would include total package information while the information called for on Form 541 is on a " disposal container" basis.
l Columns 12 and 14-DOT Label and Physical / Chemical form.
j Comment: One commenter suggested that codes be used in documenting this information.
Response
The NRC staff seriously considered this possibility, but f
decided that, given the typical " single word entries" required, the f
flexibility provided without the use of codes outweighed the minimal savings j
in reporting burden that would be achieved.
l t
Column 13-Transport Index.
j Comment:
One commenter postulated an accident event involving a low -
l Specific Activity (LSA) shipment for which the information on Form 540 would l
not'be useful because the Transport Index (TI) is not currently required to be contained.on the shipping paper documentation.
For this reason, the commenter suggested that NRC. eliminate the requirement to use Form 540.
Resocqse:
The information requirements on NRC Form 540 are required by DOT for transportation of hazardous 'naterials. The principal information on this form is for use by the first-on-the-scene responder to a transportation 31
accident.
Identification of the proper sMpping name and U.N. ID _ number provides valuable information. These identifiers correlate with proper 1
emergency actions.
The II is information which would be more useful-in-controlling norma 1' occupational exposures Column 15 [now divided into Columns 15 and 16]- Individual Radionuclides i
and Activity-[now Total Package Activity].
l Comment: One commenter questioned hat is meant by, "... list all j
radionuclides that are present in the transport packaging," and suggested that
. guidance be provided on the specific SI units to be used. One commenter stated.that requirements for listing of a radionuclide should be included in l
~ the rule.- Two commenters stated that insufficient _ space is provided for both l
a listing.of the nuclide and activity.
Six commenters suggested that only a j
vertical listing, with one nuclide per line, should be considered. Another l
commenter suggested that the column be split into nuclide and activity columns.
Response
Reporting of radionuclides in the transport packaging is a D0T shipping paper requirement in which the instructions reference the appropriate' DOT regulations for more information.
The NRC is not providing detailed interpretive instructions of DOT regulations.
The NRC has explained what is meant and the reporting units needed on NRC Form 541 (for NRC use).
f However, the user will need to determine if this is appropriate for D0T purposes based on their understanding and interpretation of D0T regulations in concert with the consignee. A 00T telephon'e number is also provided for additional information.
The NRC has completed several manifests from actual shipments and these examples indicate that more than enough space is provided for at least a double columnar listing, although the choice on the formatting in this column is left to the shipper and consignee.
Because the D0T has l
agreed that only the total package activity needs to be reported, the spacing l
issue would now only. involve Form 541. On the multiple columnar presentation, i
the NRC would note that current Transportation Shipment Package Records, used when conveying radioactive material to processors, portray nuclides and their respective activities in a triple columnar field.
l Column 16 (Column now eliminated)- LSA/SCO Class.
Comment: One commenter suggested codes for documenting this information, while two commenters questioned the regulatory basis.
32
. Response:
The information in this column was based on a requirement
- proposed by DOT-.in their "lAEA Compatibility" rulemaking, The NRC has presumed that this' classification system will not be incorporated into DOT's
-(NOTE <THIS MAY NEED TO BE UPDATED) final rule.
This column has been
- eliminated from Form'540.
Column 17-Total Weight or Volume.
. Comment: One commenter questioned the multiple number of times that
- this type of information was requested ~on the three manifest forms.
. Response:
Although. requests for volume 'and weight -information do occur on each of the manifest forms, the volumes or weights requested are not:
lnecessarily identical.
For example, the transportation package volume may.not be the.same as the ' disposal container volume, if multiple disposal containers -
are contained within a' shielded m erpack.
The total volumes requested on Form 542 would represent the sum of~all generator volumes which may be contained in a number of different disposal containers.
This Form 542 summary
.contains information very similar.to that. required on the Manifest Index and-Regional Compact: Tabulation Sheets used by the current disposal site operators. This'information is used for waste tracking purposes to ensure that sites are receiving wastes for which their State or Compact is responsible for disposal.
Column 18. Identification Number of Package.
. Comment:
One commenter suggested that this instruction should be worded as a requirement.
Response
Although the listing of the disposal container number on Form 541 is a requirement, this does not generally carryover to the transport packaging when the packaging and the disposal container are not identical.
00T does not require a' package number to be provided on shipping papers.
Form 541
' Box 1-Manifest Totals.
In addition to the change discussed below, the headings for the shipment
-volume and. weight totals have been changed to reflect that total ' net values are being-requested for any low-level radioactive waste shipment to which manifesting' applies.
33
Comment: 'Five commenters brought'ut: the issue of reporting of radionuclides (specifically Tc-99 and 1-129) that _are reported based on lower limits of detection.(LLD).
Concerns were expressed that if the totals, as presented in this box., represent the sum of the LLDs, or LLD's and "real" values. in all disposal containers. a _very significant. overestimation of these nuclides-in a disposal facility could result.
One commenter suggested that this block require entry of net waste voluuie and weight.
Response: ~ The NRC staff believes these comments have merit.
Because it would be 'important to ' istinguish' between "real" and LLD values, the d
-instructions have been modified to indicate that the sums of the "real" and
- LLD values should be separately reported in this box, with the summed LLD
_ value in parenthesis. - Although the NRC recognizes that this reporting scheme
'does not solve the problem, this reporting approach will " flag" the conservative nature of the appropriate fraction of the inventories of these The commenter is correct in presuming that net waste volumes and nuclides.
weights are being requested. Appropriate clarifications have been made to the manifest forms and instructions.
Columns 5 through'10- Disposal Container Description.
One commenter stated that repetitive listing of a generator ID Comment:
""mber, if more than one container is attributed to a generator, is l
Another commenter pointed out that the container described may l
unnecessary.
not always be the " disposal" container and that, in these cases (e.g.,
shipments (of LLW) to waste processors), this column may not need to be l
completed. One commenter suggested that Column 8 should pertain to net waste One commenter asked how a shipper should respond if more than one weight.
container description code applies.
Another commenter asked if it was f
intended to use the numeric codes or the actual verbiage,
Response
The instructions have been clarified to avoid unnecessary f
repetition of generator ID numbers. The " exemption" referred to by the f
commenter was included in the instructions. This " exemption" is now the subject of a " Note" preceding the instructions for Column 5.
The possibility I
that some of the container-informatinn may be required by the consignee also l
appears italicized in_the introductory paragraph in the instructions _for Form 541.
Instructions that are not " tied" to information being required to I
comply with Federal regulations also now appear in italics.
f 34 t
-i i
f Solumn B refers to total container #1 wote weight (See discussion
-pertaining to Column 12).
The latent is to report code number, if applicable.
If trore than one l
container description code applies, multiple codes can be reported.
Column 9-Surf:.ce Radiation Level.
Two commenters suggested that this column could be better Comment:
situated on Form S40 adjacent to-the Transport Index.
Combining this information with the information required by l
Response
00T on shipping papers would not, based on NRC staff interactions with DOT' staff, be' accepted by D0T. The information in this column is also required by f
one of the current disposal facility operators.
Column 10- Surface Contamination.
Four commenters questioned the basis for this information Comment:
-need, especially in light of D0T standards.
t The information being requested in this column is directed at
Response
contamination levels on the surfaces of disposal containers, not f
transportation packagings.
This information is currently requested by one of f
the disposal facility operators on their manifest in order to minimize contamination and control potential operational exposures.
Through typographical error, this informational need was included as an NRC As indicated in the requirement in the proposed Appendix F, paragraph I.C.10.
response to comments on the rule, this requirement has been deleted from the rule but remains as a non-Federal information item on the manifest.
Column 12-Approximate Waste Volume (s) in Container.
Two commenters suggested that if the waste volume information Comment:
is only intended to meet disposal site acceptance criteria, this column could be deleted because the certification statement could be used to accomplish the One commenter questioned whether the information on the same purpose.
manifest allowed an accurate estimate of the mass of the waste and whether the NRC recognized that the volume of-the inner container may be substantially different from the actual waste. volume.
One commenter suggested that adjustments be considered so that the weight of the waste would be documented.
One commenter-suggested that this column be completed if the container fill volume was less than 90%. One commenter asked whether, if perlite was used to fill void-volume, this volume should be included in the total.
35
Response
For discrete waste items (e.g., activated metals), the volume The of these items is of interest for waste classification purposes.
instructions have been expanded to make uns clear and, for homogeneous type wastes, the instructions indicate that ">85F" can be entered if this fill volume is exceeded.
The NRC staff believes that the weight of the waste can be estimated by either knowing the volume and density of the waste or If subtracting container weight from the weignt of the waste and container.
fill material is used, this volume may be included in the reported volume, but An alternative may not be considered for waste classification purposes.
approach would be to report waste volume, but note that a " fill" has been used (e.g., to comply with disposal site acceptance criteria).
Column 14-Weight % Chelating Agent.
Comment: One commenter suggested a code for "None present" and "0" be provided in this column. Another commenter asked what methods would be used i
to identify chelating agents.
The commenter's suggestion was not taken because only an "NP"
Response
or "0" would need to be entered, and space for providing the preprinted codes is limited.
NRC's intent in identifying chelating agents is described in general terms in the " final Waste Classificat!cn and Waste Form Technical Position," dated May 11, 1983.
1 Column 15-Radiological Description.
Comment:
Two commenters questioned the desirability of reporting individual nuclide activities as a percentage of total container activity.
4 One commenter erroneously thought that th,' rolumn limited the recording of nuclides to three entries.
Another commente, 3uggested that the NRC consider establishing reporting thresholds for H-3, C-14, Tc-99, and 1-129, and stated that explicit instructions are needed on the reporting of source and special nuclear material, " daughter radionuclides," and the impact of nuclides with less than 5 year half-life on waste classification.
One commenter pointed out that the passage of " Reportable Quantity" requirements should be considered in A number establishing the reporting thresholds defined in the instructions.
i of commenters questioned the effectiveness of allowing multiple-columnar reporting of radionuclides with their respective activities.
Response
percentage reporting is not being mandated, but allowed.
This method of reporting is allowed by a current disposal facility operator 36 i
i t
The instructions have also been appended to clarify how the reporting of more i
than three significant racionuclides in a container should be achieved.
Although the concept of establishirig threshold reporting quantities for the four indicated nuclides has merit. the analysis needed to support a specific threshold hus not been defined.
Thus, consistent with the existing regulation, no threshold for the reporting of these four nuclides is included in the instructions.
On the reporting of source material. the instructions have been expanded to clarify that the " mass" being asked for applies only to the elemental mass of uranium and thorium (including Uranium and thorium contained in
" unimportant quantities," as defined in 10 CFR 40.13), and not the weight of the waste containing these nuclides.
The instructions now also specifically i
state that the activities of the nuclides specifically referred to in the
" Manifest Total" Box (i.e., H-3, C-14, Tc-99, and I-129) must always be The instructions also state that daughter products must be either manifested.
individually reported or, if within a factor of 2 of being in equilibrium with its (their) parent, be reported as the parent with its activity listed, but with the symbol "D" or "NAl" indicating daughter products in equilibrium (i.e., Cs-137D or ThNAT).
"Significant quantities" of nuclides with half-lives less than 5 years must be included in determini g the waste classification of a disposal container (Note that this will only apply in determining whether the Class should be Class A or B).
Finally, the instructions have been expanded to indicate that any radionuclide whose activity represents a Reportable Ouantity under 00T regulations must be included on the manifest.
In response to comments on multicolumnar reporting, the NRC has reconfigured the item 15 column to indicate the possibility of using two The first subcolumn may include the radionuclide and its activity subcolumns.
The second subcolumn may be (1) used to include the activity in metric units.
in English units, if required by the State or operating facility, (2) left blank if not needed, or (3) used to report a second radionuclide and its The line which splits column 15 is provided to minimize imputing activity.
and checking errors, if the third option is chosen.
Column 16-Waste Classification.
37
Comment: One commenter suggested that Doxes be provided to' check a waste class.
Two commenters stated tnat the " Class" designations do not establish whether Class B ana C waste nas seen stabilized.
The instructions have been broadened to indicate that Class B
Response
and C waste should be classifiea as BU or B5. or CU or CS; the U or S Because the indicating whether the waste is in stable or unstable form.
combination of possibilities has been increased to six, the information to be recorded would only consist of two letters, and space on the form is limited,
" checkoff" boxes have not been added to the form.
i Container, Waste, and Media Codes.
One commenter stated that the waste descriptor codes should be Comment:
consistent with existing NRC classifications of LLW.
Another commenter pointed out that the codes do not match directly with those of US Ecology.
One commenter suggested that " EPA [or State] hazardous" should not be a physical descriptor for waste and questioned why " concrete" was specifically identified as an encapsulation media.
One commenter suggested that the l
descriptor, " wooden box" be dropped and " woven polypropylene bulk bag" be added to reflect actual practices.
This commenter also believed that the I
One waste descriptors were excessive for the purposes being addressed.
1menter suggested that Zonolite grade 4 be deleted and " Vinyl Chloride" t
replace " Vinyl Toluene " One commenter suggested that " State hazardous" be added along with " EPA hazardous."
The NRC staff believes the codes are somewhat more detailed
Response
than the waste streams characterized in the Environmental Impact Statement that supported the 10 CFR Part 61 rulemaking.
Although the codes are not identical to those used by US Ecology, the NRC staff believes that all the US Ecology codes can be related to the codes on form 541, and the "other" code can also be used, if a rationale for a specific code, that is not included exists, it can be added to the list.
The " EPA [or State] hazardous" descriptor is provided as a " tie-in" to EPA's or a State's Uniform Hazardous Waste Manifest.
The specific identification of concrete as an encapsulation media has been deleted and the commenter's suggestion on container descriptions has been accepted.
The NRC staff believes that feedback from the performance assessment process may indeed lead to a consolidation of waste descriptor codes, with time. The suggestions that Zonolite grade 4 be deleted 38
and ' Vinyl Chloride *! replace " Vinyl Toluene" nove been accepted.
The phrase-
" EPA hazardous" has been modifie~d to read " EPA or State Hazardous.'
FORM 542 Column 5-Generator Name, Permit Number, and Telephone _ Number.
.One commenter suggested that the " generator type"_ code should Comment:
also be included.
Two commenters cuestioned why " permit number" is called for, given that the generator 10 number is provided in Column 4.
Response
Because the generator ID number should allow the determination of generator type, the inclusion of this information was not considered necessary.
Permit number was included because, for certain-generators, the generator 10 number assigned by the disposal facility operator is not. identical to the permit-number assigned by the appropriate regulatory authority. Optimization of these identifiers could lead to elimination of this reporting need.
Column 9-Waste Code.
' Comment: One commenter suggested-that boxes be provided to check whether the waste represents processed _or collected waste.
Response
Given the single letter entry needed and the' fact that an j
existing manifest does not preprint these letters, the NRC did not see a'need
)
to pros"!e individual "C" or "P" boxes to be checked, j
Column 10- Originating Compact Region or State.
Comment: One commenter suggested that codes be used for the Compacts or j
i Another commenter stated that if the Generator ID number included the States.
two-digit State abbreviation, there would be no need to report t'his information in Column 10.
Response: The NRC staff's intent was that codes be used.
The instructions have been expanded to state this preference.
Because current generator-ID numbers do not uniformly include the State abbreviation, it was
' included in Column 10.
If generator ID numbers are systematized, as the commenter suggests, and as membership in Compacts stabilizes, this column r old be deleted.
, National Data Base Comments 39
^'
Commenti-In the proposed rulec the NRC discussed.possible uses of and needs1for a national computer LLW data base.
The NRC expressed interest in public views on the benefits'in developtog such a system, and if developed, who.would be an appropriate operator.
Eighteen commenters spanned a spectrum of responses, from support for a national cata oase with NRC as the operator, to the bel _ef that a national data base is unnecessary.
Comments also spanned i
the topic of data availability, from making sure the information is publicly accessible to the need to ensure that' sensitive data is protected. One commenter noted that because disposal options have been significantly reduced,.
much LLW may end up in extended storage and a national data base as envisioned-(data repo'rted by the LLW disposal facilities) would not yield the quantity of-
. data originally expected. Tro commenters noted that LLW data bases already exist and that the NRC should use these existing systems and work with the DOE to make.any necessary modifications to meet the informational needs of both NRC and state regulators.
Response
The NRC believes that because there will only be a few LLW facility operators in the near future, it is premature to establish a new national LLW data base.
The NRC agrees with those commenters that stated that the existing systems can be the basis. for a brmd and uniform national system.
.l a result, the NRC believes that a decision on a data base operator can be oc deferred.
Regulator _y Analysis Comments 1
Comment:
One commenter stated that the economic impact analysis is unclear in the " Regulatory Flexibility Certification" section. The commenter stated that according to the discussion, the proposed rule would have a negative $480,000' to a positive 5100,000 impact on the regulated community.
If_ one back calculates to the 34,000 cubic feet generated by hospitals, the range would be negative $13,600 to a positive $2,400.
These figures deserve to be substantiated and justified.
Response
The costs and cost savings associated with the uniform manifest are mainly associated with additional entry costs from the uniform manifest having more fields than the currently used shipment manifest forms and from the development of computer software to generate the forms.
The data 40
{
entry costs are related to the amount of additional data entered per shipment.
It the number of shipments, and the degree of automation of data entry.
appears that data entry costs were underestimated and the final regulatory l
analysis contains. updated estimates.
Whether there is a cost or cost savings l,
related to development of manifest generation software depends on the number f
of different manifest forms there would be. in the absence of a uniform manifest.
If each regional disposal facility would require its own manifest f
forms, a savings in software development costs would result from the use of a l
uniform manifest.
If the current US Ecology and Chem-Nuclear Systems forms would still be used for all regional disposal facilities, additional software l
Because costs generation costs would result from use of the uniform manifest, are act related to waste volume, the impact of the proposed rule on hospitals l
that generate LLW is not directly related to the volume of LLW that these-t hospitals generate.
f Two commenters questioned the incremental time and cost to CommenJ:
One l
generate the new uniform manifest versus c arent manifests in use.
4 I
comment - stated that th: requirements of form 540 could increase the time to f
generate a manifest to 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> or more for a large shipment rather than the 0.65 hours7.523148e-4 days <br />0.0181 hours <br />1.074735e-4 weeks <br />2.47325e-5 months <br /> shown in the Federal Register notice (57 FR 14500; April 21, 1992).
f One commenter stated that the response time for collection of information is substantially ur.derestimated and that the increased complexity of the forms is -
expected to significantly increase clerical costs well beyond the estimate of
$5,000 to $15,000.
The estimate of the amount of time it takes to enter data on Resoonse:
the uniform manifest was based on the number of fields, the nature of the field (i.e., whether it contains fixed point, floating point, or alphanumeric l
data) and whether the data is entered manually on the forms, on a computer, or from a waste management database.
An experienced data entry clerk was consulted.
From this and other comments to the notice of proposed rulemakinq, 3
including the comments made at the public meeting held on June 15, 1993, and l
subsequent NRC experience, it appears that the effort required to complete the f
manifest forms was underestimated.
In the final regulatory analysis, the estimates time to complete a manifest by a generator (NRC Forms 540 and 541) have been changed from 2.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> to 2.8 hour9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br />s-.
The estimated time to complete l
the manifest for a collector / processor (NRC Forms 540, 541, and 542) have been f
41
changed from 3.1 to 9.2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br />.
The signifmant change for the collector / processor comes from information m a January 1994 report prepared for the NRC (NUREG/CR-6147) that resuiteu in more than twice the estimated The end result. however. is size (number of containers) in their snioments.
not as drastic since the total number of shipments is accordingly reduced.
Final rule:
The Regulatory Analysis has been updated to reflect more accurate estimates of effort.
The resulting changes have not changed the conclusion to implement the final rulemaking.
Environmental Impact:
Categorical Exclusion The Commission has determined that this final rule is the type of action described in categorical exclusions 10 CFR 51.22(c)(3)(ii) and (iii).
Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final rule amends informatior. collection reanirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
These requirements were approved by the Office of Management and Budget, approval number 3150-0014, -0135. -0164, -0165, and -0166.
Public reporting burden for this collection of information is estimated to average 1.04 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per response under 10 CFR Parts 20 and 61, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection The time to complete standard shipping manifests required by of information.
this rulemaking, NRC Forms 540, 541, and 542, depends upon the size and complexity of the shipment and whether the shipment is from a generator or a collector / processor.
A shipment from a generator is estimated to require 2.8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> (63 minutes to complete Form 540 and 103 minutes for Form 541 -- no Form 542 is needed).
A shipment from a collector \\ processor is estimated to require 9.2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> (161 minutes to complete Form 540, 363 minutes for form 541, and 26 minutes for Form 542).
The representative collector \\ processor's 42
+
manifest takes longer to complete primarily because it is assumed that their shipments have more than twice as many containers as from a generator's shipment.
Send comments regarding this burden estimate or any other aspect of this collection of information. including suggestions for reducing this burden, to the Information and Records Management Branch (T 6F33),
U.S. Nuclear Regulatory Corr. ssion, Washington, DC 20555-0001; and to the Desk Officer, Office of Information and Regulatory Affairs, NE08-3019, (3150-0014, -0135, -0164, -0165, and -0166), Office of Management and Budget, Washington, DC 20503.
Regulatory Analysis The Commission has prepared a regulatory analysis on this final regulation.
The analysis examines the costs and benefits of the alternatives considered by the Commission.
The analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
Single copies of the analysis may be obtained from M. Haisfield, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Nail Stop T 9F33.
Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)),
the Commission certifies that this rule does not have a significant economic impact upon a substantial number of small entities. A significant number of hospitals and academic institutions are LLW waste generators, and most of these are non-profit organizations, in 1989, hospitals generated about 34,000 3
ft and academic institutions generated about 65,000 ft of the waste received at commercial disposal facilities.
Thus, a substantial number of small entities could be affected by the rule.
With an expected disposal fee of approximately $150/ cubic foot, annual disposal costs for those small entities will be in the range of $15 million.
The estimated upper limit costs to implement this rule for the small entities is approximately $60,000. Similarly, tFe estimated upper limit of annual operational cost for these small entities is $5,000.
These costs are 43
f I
i'I insignificant relative to tne annual disoosal costs (wnicn co not include l
costs'such as packaging;and transportation).
Because the percentage increases l
in. disposal costs that may be caused.cy. use rule is-substantially less than 1%,-the rule would not have a significant economic impact on the small entities affected by the rule.
Backfit Anaiysis-The Commission has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule because these amendments do not involve any l
The provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
l
- additional.information to be placed on NRC manifest forms will not require nuclear power licensees to change existing procedures used in operation of f
l their. facilities.
Therefore, a backfit analysis is not required, f
List of Subjects in 10 CFR Parts 20 and 61 10 CFR Part 20
-Part 20 - Byproduct material. Criminal panalties, Licensed material, f
Nuclear materials, Nuclear power plants and reactors, Occupational safety and health. Packaging and containers, Radiation protection, Reporting and record-f l
keeping requirements, Source material, Waste treatment and disposal, Special nuclear material.
l 10 CFR Part 61 Part 61 - Criminal penalties, Low-level waste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.
For the reasons set out in the preamble and under the authority of the l
J Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, j
as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following J
amendments to 10 CFP Parts 20 and 61.
PART 20 - STANDARDS FOR PROTECTIOh AGAINST RADIATION The a.thority citation for Part 20 continues to read as follows:
1.
44
~._
Authority:
Secs. 53.~63. 65. Bl. 103. 104, 161, 182. 186. 68 Stat 930.
'933. 935. 936,:937. 948. 953. 955 as amendec (42 U.S.C. 2073. 2093. 2095.
2111, 2133, 2144, 2201. 2232, 2236) sec>. 201, as amended. 202. 206, 88 Stat.
1242. as-amen'ed. 1244, 1246-(42 U.S.C. 5841. 5842, 5846).
2.
Section 20.1009 is revised to read as follows:
i 20.1009 Information collection requirements: OM8 approval.
r The Nuclear Regulatory Commission has submitted the information
'(a) collection requirements contained in this part to the Office of Management and.
Budget (0MB) for approval as reauired by the Paperwork Reduction Act of.1980 L
f (44 'U.S.C. 3501 et seq.).
The OMB has aporoved the information collection 3150-0014.
- requirements contained in this part under control number L
(b). The approved information collection reauirements contained in this j
part appear in 5 i 20.1101, 20.1202, 20.1204, 20.1206, 20.1301, 20.1302, 20.1501, 20.1601, 20.1603, 20.1703, 20.1901, 20 1902, 20.1904, 20.1905, L
20.1906, 20.2002, 20.2004, 20.2006, 20.2102, 20.2103, 20.2104, 20.2105, 20.2106, 20.2107, 20.2108, 20.2109, 20.2110, 20.2201, 20.2202, 20.2203, 20.2204, 20.2206, and appendices F and G to 10 CFR Part 20.
(c) This part. contains information collection. ;quirements in addition to those approved under the control number specified in paragraph (a) of this These information collection requirements and the control numbers section.
under which they are approved are as follows:
1.
In i 20.2104, NRC form 4 1s approved under control number 3150-2.
In 5 5 20.2106 and 20.2206, NRC Form 5 is approved under control number 3150-3.
In i 20.2006 and appendix G to 10 CFR Part 20, NRC Form 540 and 540A is: approved under control number 3150-4.
In i 20.2006 and appendix G to 10 CFR Part 20, NRC Form 541 and 541A is_ approved'under control number 3150-5.
In 6.20.2006 and appendix G to 10 CFR Part 20, NRC Form 542 and 542A is approved under control number 3150-
~
45-
. ~.-
l 3
Section 20.2006 is revised to reae as follows:
' Transfer for disposal and manifests.
i 20.2006-L(a)(1) The requirements of this section and appendices F and G to 10 CFR Part 20 are designed to control transfers of low-level radioactive -
_. waste by any waste generator, waste collector, or waste processor' licensee,:as defined'in this part, who ships low-level w'aste either'directly, or indirectly through a waste collector or waste processor, to a licensed low-level-waste land disposal facility (as defined in Part 61 of this chapter), establish la
~ manifest tracking system, and supp ement existing requirements concerning l
transfers and recordkeeping for those wastes. The determination of whether to
'use appendix'F or appendix G to 10 CFR Part 20 is specified in paragraph 1
(a)(2) of this section.
(2) Appendix F will be used before July 1, 1996 (except as noted in this paragraph). On July 1, 1997. all affected licensees shall use Appendix G.
Between July 1,1996, and July 1,1997, the consignee of the low-If a level waste. shipment shall specify to the shipper which appendix to use.
new low-level waste land disposal facility becomes operational before July 1, 1996, that facility may require all incoming shipments to meet the requirements of Appendix G.
Licensees using Appendix F shall comply with paragraph (b)(1) of this section.
Licensees using Appendix G shall comply with paragraph (b)(2) of this section.
(b)(1)
Each shipment of radioactive waste intended for disposal at a licensed land disposal f acility must be accompanied by a shipment manifest as specified in section 1 of Appendix F to 10 CFR Part 20.
(2) Any licensee shipping radioactive waste intended for ultimate disposal at a licensed land disposal facility must properly document the information required on NRC's Uniform Low-Level Radioactive Waste Manifest and appropriately transfer this recorded manifest information to the intended consignee as specified in appendix G to 10 CFR Part 20.
(c)
Each shipment manifest must include a certification.by the waste generater as specified in section 11 of Appendix F or Appendix G to 10 CFR Part 20, as appropriate. See paragraph (a)(2) of this section to determine
'the appropriate appendix.
46
I Each person inv'olved in the.ran.,fer for disposal and disposal of l
(d) waste, including the waste generator, waste collector, waste processor, ano disposal facility operator, shall comply with the requirements specified in j
section'lli of Appendix F or Appendix G to 10 CFR Part 20, as appropriate.
~See paragraph (.a)(2) of this section to determine the appropriate appendix.
i 4.
A new Appendix G has been added to read as follows:
i Appendix' G to 10 CFR Part 20 - Requirements for Transfers of Low-Level Radioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests J
I.
Manifest A waste generator, collector, or processor who transports, or offers for
~ transportation, low-level radioactive waste intended for ultimate disposal at a licensed low-level radioactive waste land disposal facility must prepare a Manifest (0MB Control Numbers 3150-0164, -0165, and -0166) reflecting information requested on applicable NRC Forms 540 [ Uniform Low-Level Radioactive Waste Manifest (Shipping Paper)] and 541 [ Uniform Low-level l
Radioactive Waste Manifest (Container and Waste Description)] and, if f
necessary, on an applicable NRC Form 542 (Uniform Low-Level Radioactive Waste NRC Forms 540 and Manifest- (Manifest Index and Regional Compact Tabulation)].
540A must be completed and must physically accompany the pertinent low-level f
i Upon agreement between shipper and consignee, NRC Forms 541 waste shipment.
and 541A and 542 and 542A may be completed, transmitted, and stored in electronic media with the capability for producing legible, accurate, and j
complete records on the respective forms.
Licensees are not required by NRC to comply with the manifesting requirements of this part when they ship:
f a
(a) LLW for processing and expect its return (i.e., for storage under j
their license) prior to disposal at a licensed land disposal facility:
(b) LLW that is being returned to the licensee who is the " waste i
generator" or " generator," as defined in this part; or (c) radioactively contaminated material to a " waste processor" that becomes the processor's " residual waste.'
i I
l 47
.t I
.i
?
For guidance in completing these form:,. refer to the instructions that i
f accompany the forms, Copies of manifests required by thi.s appendix may be
' legible carbon copies, photocopies, or computer printouts that reproduce the j
data in the format of the uniform manifest.
NRC forms 540, 540A, 541, 541A, 542 ana 542A, and the accompanying _
' instructions, in hard copy, may be obtained from the Information and Records Manag'ement Branch, Office of Information Resources Management. U.S. Nuclear f
Regulatory Commi'ssion, Washington, DC 20555, telephone (301) 415-7232.
i This. appendix includes information requirements of the Department of Transportation, as codified in 49 CFR Part 172.
Information on hazardous, j
medical, or other waste, required to meet Environmental Protection Agency.
l regulations as codified in 40 CFR Parts 259, 261 or elsewhere is not addressed l
However, the j
in.this section, and must be provided on'the required' EPA forms.
f reouired EPA forms must accompany the Uniform Low-Level Radioactive Waste i
~ Manifest reabired oy this_ chapter.
As used in this appendix, the following definitions apply:
J I
Chelating agent has the same meaning as that given in 6 61.2 of this l
chapter.-
Chemical description means a description ::f the principal chemical l
rharacteristics of a low-level radioactive waste.
Computer ret.dable medium means that the regulatory agency's computer can transfer the information from the medium into its memory.
j Consionee means the designated receiver of the shipment of low-level radioactive waste.
Decontamination facility means a facility operating under a Commission or Agreement State license whose principal purpose is decontamination of equipment or materials to accomplish recycle, reuse, or other waste management objectives, and, for purposes of this Part, is not considered to be a consignee for LLW shipment's.
Disposal container means a container principally used to confine low-level radioactive waste during disposal operations at a land disposal facility (also see "high integrity container").
Note that for some shipments, the disposal container may be the transport package.
48
EPA identificat1on number means tne nomtjer receivea Oy a transoorter following application to the Administrator of EPA as required by 40 CFR Part 263.
Generator means a licensee operating under a Commission or Agreement State license who (1) is a waste generator as defined in this Part, or (2) is the licensee to whom waste can be attributed within the context of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (e.g., waste generated as a result of decontamination or recycle activities).
High integrity container (HIC) means a container commonly designed to meet the structural stability requirements of 5 61.56 of this chapter, and to meet Department of Transportation requirements for a Type A package.
Land disposal facility has the same meaning as that given in 5 61.2 of this chapter.
540, 540A 541, 541 A, 542, and 542A are of ficial NRC Forms NRC Forms referenced in this appendix.
Licensees need not use originals of these NRC Forms as long as any substitute forms are equivalent to the original documentation in respect to content, clarity, size, and location of Upon agreement between the shipper and consignee, NRC forms 541 information.
(and 541A) and NRC Forms 542 (and 542A) may be completed, transmitted, and The electroric media must have the capability for stored in electronic media.
producing legible, accurate, and complete records in the format of the uniform manifest.
Package means the assembly of components necessary to ensure compliance with the packaging requirements of 00T regulations, together with its radioactive contents, as presented for transport.
Physical description means the items called for on NRC Form 541 to describe a low-level radioactive waste.
Residual waste means low-level radioactive waste resulting from l
processing or decontamination activities that cannot be easily separated into I
This waste is distinct batches attributable to specific waste generators.
attributable to the waste processor or decontamination facility, as applicable.
Shippar means the licensed entity (i.e., the waste generator, waste collector, or waste processor) who offers low-level radioactive waste for C
49 1
l transportation, typically consignint this type o+ waste to a 1tcensed was'te l
collector, waste processor, or lanc disposa! facility operator.
Shipping paper means NRC form 540 ano._.if reauired. NRC form 540A wnicn includes the information requirec by 007 1r 49 CFR oart 172.
Source material has the same mean1ng as that given in's 40.4 of this chapter.
Special nuclear material has the san,e meaning as that civen in 5 70.4 of this chapter, Uniform low-level Radioactive Waste Manifest or uniform manifest means
'the combination of NRC Forms 540, 541, and, if necessary, 542, and their respective continuation-sheets as needed, or equivalent.
Waste collector'means an entity, operating under a Commission or Agreement State license, whose principal purpose is to collect and consolidate waste generated by others, and to transfer this waste, without processing or repackaging the collected waste, to another licensed waste collector licensed waste processor, or licensed land disposal facility.
Waste description means the physical, chemical and radiological description.of a low-level radioactive waste as called for on NRC Form 541.
Waste generator means an entity, operating under a Commission or
/,:,reement State license, who (1) poss3sses any material ar component that contains radioactivity or is radioactively contaminated for which the licensee foresees no further use, and (2) transfers this material or component to a licensed land disposal facility or to a licensed waste collector or processor for handling or treatment prior to disposal. A licensee performing processing or decontamination services may be a " waste generator" if the transfer of low-level radioactive waste from its facility is defined as " residual waste."
Waste processor means an entity, operating under a Commission or Agreement State license, whose principal purpose is to process, repackage, or otherwise treat low-level radioactive material or waste generated by others prior to eventual transfer of waste to a licensed low-level radioactive waste land disposal facility.
Waste type means a waste within a dispu:al container having a unique physical descriptiun (i.e., a specific waste descriptor code or description; or a waste sorbed on or solidified in a specifically defined media).
50
i l
Information'Requ1rements A.
General information.
The shipper of the radioactive waste. shell provide the following l
.i
- information on the ur.iform manifest
1.
The name,-facility address, and telephone number'of the licensee l
sh'ipping the waste; 2.
An explicit declaration indicating whether the shipper is acting as a waste-generator, col _ lector, processor, or a combination of these. identifiers for purposes _of the manifested shipment; and l
-3.
The'name, address, and telephone number, or the name and EPA f
identification number for the carrier transporting-the waste.
-B.
Shipment Information.
- The shipper of the radioactive waste shall provide the following I
information regarding the waste shipment on the uniform manifest
- 1.
The date of the waste snipment:
2.
The total number of packages \\ disposal containers; 3; The total disposal volume and disposal weight in the shipment; 4.
The total radionuclide activity in the shipment; i
5.
The activity of each of the radionuclides H-L C-14, Tc-99, and 1-129 contained in the shipment; and
-6.
The total masses of U-233, U-235, and plutonium in special nuclear material, and the total mass of uranium and thorium'in source, material.
C.
Disposal Container and Waste Information.'
The shipper of the waste shell provide the following information on the l
c uniform manifest regarding the waste and each disposal container of waste in the shipment:
l 1.
An alphabetic or numeric identification that uniquely identifies each disposal container in the shipment:
A physical description of the disposal container, including the
{
2.
manufacturer and model'of any high integrity container;
' 3. 'The volume displaced by the disposal container:
- 4.. The gross weight of the disposal container, including the waste; 5.
For waste consigned to a dispo al facility, the maximum radiation.
j level at the surface'of-each disposal container; i
51 4
I
+
6..
A physical and chemical descriothen of the waste:
7; The total ' weight. percentage of chelating agent 'for any waste
-containing more than;0.1% chelating apnt ay' weight', plus the identity of the' c princloal chelating agent;
~
8.
The approximate volume of waste within a container;-
The sorbing or solidification media.if any, and the identity of the-9.
solidification media. vendor and' brand name;.
The' identities and activities of' individual radionuclides contained.
10.
in each container, the masses of U-233, U-235, and plutonium'in special nuclear material, and the masses of uranium and thorium in source material.
For discrete waste types'(i.e., activated materials, contaminated equipment, mechanical filters, sealed source / devices, and wastes in solidification / stabilization media), the identities and activities of individual radionuclides associated with or contained on these waste types within a disposal container shall De reported;
- 11.
The total radioactivity within each container; and For wastes consigned to a disposal facility, the classification of 12.
the waste pursuant to 5 61.55 of this chapter. Waste not meeting the structural stability requirements of 5 61.56(b) of this chapter must be identified; D.
Uncontainerized Waste Information.
The shipper of the waste shall provide the following information on the uniform manifest regarding a waste shipment delivered without a ' disposal container:
1.
The approximate volume and weight of the waste; 2.
A physical-and chemical description of the waste; 3.
The total weight percentage of chelating agent if the chelating agent exceeds 0.1% by weight, plus the identity of the principal chelating agent;
.4.
For waste consigned to a disposal facility, the classification of the waste pursuant to n 61.55 of this chapter. Waste not meeting the structural stability requirements of. 5 61.56(b) of this '
r must be
- identified; 52
t 5.
The identities and activities et :r.dividual radionuclides contained
.in the waste, the masses of U-233, U-235. and plutonium in special nuclear material, and the masses of uranium and taorium in source material: and 6.
For wastes consigned to a disposal facility, the maximum radiation i
levels at the surface of the waste.
E.
Multi-Generator Disposal Container Information.
This section applies to disposal containers enclosing mixtures of waste originating from different generators.
(Note: The origin of the LLW resulting 1
from a processor's activities may be attributable to one or more " generators" (including " waste generators") as defined in this part).
It also applies to mixtures of wastes shipped in an uncontainerized form, for which portions of the mixture within the shipment originate from different generators.
1.
For homogeneous mixtures of waste. such as incinerator ash, provide the waste description applicable to the mixture and the volume of the waste attributed to each generator.
2.
For heterogeneous mixtures of waste, such as the combined products from a large compactor, identify each generator contributing waste to the disposal container, and, for discrete waste types (i.e., activated materials, contaminated equipment, mechanical filters, sealed source / devices, and wastes in solidification / stabilization media), the identitie, and activities of individual radionuclides contained on these waste types within the disposal container.
For each generator, orovide the following:
s (a) The volume of waste winnin the disposal container; (b) A physical and chemical description of the waste, including the solidification agent, if any; (c) The total weight percentage of chelating agents for any disposal container containing more than 0.1% chelating agent by weight, plus the identity of the principal chelating agent, (d) The sorbing or solidification media, if any, and the identity of the solidification media vendor and brand name if the media is claimed to meet stabili.y requirements in 10 CFR 61.56(b); and t
(e)
Radionuclide identities and activities contained in the waste, the masses of U-2'43 0-235, and plutonium in special nuclear material, and the 3
masses of uranium and thorium in source material if contained in the waste.
53
1 II.
Certification.
An authorized representative of the waste generator, processor, or collector shall certify by signing and dating the shipment manifest that the transported materials are propeily classified, described, packaged, marked, and labeled and are in proper condition for transportation according to the applicable regulations of the Department cT Transportation and the Commission.
A collector in signing the certification is certifying that nothing has been done to the collected waste which would invalidate the waste generator's certification.
III. Control and TrackinJ.
Any licensee who transfers radioactive waste to a land disposal A.
facility or a licensed waste collector shall comply with the requirements in paragraphs A.1 through 9 of this section.
Any licensee who transfers waste to a licensed waste processor for waste treatment or repackaging shall comply A licensee with the requirements of paragraphs A.4 through 9 of this section.
shall:
Prepare all wastes so that the waste is classified according to 1.
5 61.55 and meets the waste characteristics requirements in 5 61.56 of this chapter; Label each disposal container (or transport package if potential j
2.
radiation hazards preclude labeling of the individual disposal container) of waste to identify whether it is Class A waste, Class B waste, Class C waste, or greater then Class C waste, in accordance with 5 61.55 of this chapter; 3.
Conduct a quality assurance program to assure compliance with 5 5 61.55 and 61.56 of this chapter (the program must include management evaluation of audits);
Prepare the NRC Uniform Low-Level Radioactive Waste Manifest as 4.
required by this appendix; Forward a copy or electronically transfer the Uniform Low-Level 5.
Radioactive Waste Manifest to the intended consignee so that either (i) receipt of the manifest precedes tne LLW shipment or (ii) the manifest is i
54
delivered to the consignee with the waste at the time the waste is transferred to the consignee.
Using both (i) and (ii) is also acceptable:
6.
Include NRC Form 540 (and NRC Form 540A, if re d rad) with the shipment regardless of the option chosen in paragraph A.5 of this section 7.
Receive achowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540:
8.
Retain a copy of or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by 10 CFR Parts 30, 40, and 70 of this chapter; and 9.
For any shipments or any part of a shipment for which acknowledgement of receipt has not been received within the times set forth in this appendix, conduct an investigation in accordance with paragraph E of this appendix.
B.
Any waste collector licensee wno handles only prepackaged waste shall:
Acknowledge receipt of the waste from the shipper within one week of 1.
receipt by returning a signed copy of NRC Form 540; 2.
Prepare a new manifest to reflect consolidated shipments that meet the reqairements of this appendix.
The waste collector shall ensure that, for each container of waste in the shipment, the manifest identifies the generator of that container of waste; 3.
forward a cupy or electronically transfer the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so that either (i) receipt of the manifest precedes the LLW shipment or (ii) the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee.
Using both (i) and (ii) is also acceptable:
4.
Include NRC Form 540 (and NRC Form 540A,-if required) with the shipment regardless of the option chosen in paragraph B.3 of this section:
5.
Receive acknowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540; 6.
Retain a copy of or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgement of receipt as the record of transfer of licensed mater'al as required by 10 CFR Parts 30.
-40, and 70 of this chapter; 55
l t
7.
For any shipments or any~part or a shipment for which
. acknowledgement of receipt has not been received within the times set forth in this appendix, conduct an investigation.i accordance with paragraph E of this I
I appendix; and 8.
Notify the shipper and the Administrator of the nearest Commission l
Regional Office listed in Appendix 0 of this part when any shipment, or part j
of a shipment, has not arrived within 60 days after receipt of an advance
[
l manifest, unless notified by the shipper that the shipment has been cancelled.
C.
Any licensed waste processor who treats or repackages waste shall:
j 1.
Acknowledge receipt of the waste from the shipper within one week of j
receipt by returning.a signed copy of NRC Form 540; j
2.
Prepare a new manifest that meets the requirements of this appendix.
{
' Preparation' of the new manifest reflects that the processor is responsible for i
i meeting these requirements.
For each container of waste in the shipment, the manifest shdil identify the waste generators, the preprocessed waste volume, and the other information as required in paragraph I.E. of this appendix:
3.
Prepare all wastes so that the waste is classified according to 5 61.55 of this chapter and meets the waste characteristics requirements in i
f 5 61.56 of this chapter; 4.
Label each package of waste to identify whether it is Class A waste, Class B waste, or Class C waste, in accordance with 5 5 61.55 and 61.57 of i
this chapter; 5.
Conduct a quality assurance program t assure compliance with j
i 5 61.55 and 61.56 of this chapter (the program shall include management j
evaluation of audits);
6.
Forward a copy or electronically transfer the Uniform Low-Level t
Radioactive Waste Manifest to the intended consignee so that either (i) receipt of the manifest precedes the LLW shipment or (ii) the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee. Using both (i) and (ii). is also acceptable; i-7... Include NRC' Form 540 (and NRC Form 540A, if required) with the shipment regardless of the option chosen in paragraph C.6 of this section; j
8.
Receive acknowledgement of the receipt of the shipment in the form of a signed copy of.NRC Form 540:
l 56
- 9. ' Retain a copy of or electronically store the Uniform Low-Level i
Radioactive Waste Manifest ~and documentation of acknowledgement of receipt as l
the record of transfe' of licensed material as ~ required by 10 CFR Parts 30, j
.40, and 70 of'this chapter;-
- 10. For.any shipment or any part of a shipment for which l
ackn'wledgement of receipt his not been received within the times set forth in f
o this appendix, conduct an investigation in accordance with paragraph E of this q
appendix; and
- 11. Notify the shipper and the Administrator of the nearest Commission f
Regional Office listed in Appendix 0 of this part.when any shipment, or part of'a shipment, has not arrived within 60 days after receipt of an advance f
manifest, unless notified by the shipper that the shipment has been cancelled.
D.
The land disposal facility operator shall:
1.
Acknowledge receipt of the waste within one week of receipt by The returning, as a minimum, a signed copy of NRC Form 540 to the shipper.
shipper to be notified is the licensee who last possessed the waste and f
transferred the waste to the operator.
If any discrepancy exists between j
. materials listed on the Uniform Low-Level. Radioactive Waste Manifest and l
materials received, copies or electronic transfer of the affected forms must be returned. indicating the discrepancy; 2.
Maintain copies of all completed manifests and electronically store l
the information required by 10 CFR 61.80(1) until the Commission terminates
/
the license; and 3.
Notify the shipper and the Administrator of the nearest Commission Regional Office listed in Appendix 0 of this part when any shipment, or part of a shipment, has not arrived within 60 days after receipt of an advance manifest, unless notified by the shipper that the shipment has been cancelled.
i
)
PART.61 --LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADI0 ACTIVE i
l i
5.
The authority citation for Part 61 continues to read as follows:
i AUTHORITY:' Secs.- 53, 57, 62, 63, 65. 81, 161, 182, 183, 68 Stat. 930, 1
- 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, j
1 2095, 2111, 2201, 2232, 2233); secs. 202. 206, 88 Stat. 1244, 1246 (42 U.S.C.
lj 3
57
..I
l l
i 5842, 5846): secs. 10 and 14, Pub.._ 95-60:. 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486. sec. 2902. 106 Stat. 3123 (42 U.S.C. 5851).
6.
Section 61.12 is amended by adding paragraph (n) to read as follows:
6 61.12 Specific technical information.
(n)
A description of the facility electronic recordkeeping system as required in i 61.80.
7.
Section 61.80 is amended by revising paragraph (f) and (i)(1), and adding paragraph (1) to read as follows:
6 61.80 Maintenance of records, reports, and transfers.
(f) Following receipt and acceptance of a shipment of radioactive waste, the licensee shall record the date that the shipment is received at the disposal facility, the date of disposal of the waste, a traceable shipment manifest number, a description of any engineered barrier or structural
- /erpack provided for disposal of the waste, the locatirn of disposal at the disposal site, the containment integrity of the waste disposal containers as received, any discrepancies between materials listed on the manifest and those received, the volume of any pallets, bracing, or other shipping or ons;te generated materials that are contaminated, and are disposed of as contaminated or suspect materials, and any evidence of leaking or damaged disposal containers or radiation or contamination levels in excess of limits specified The licensee in Department of Transportation and Commission regulations.
shall briefly describe any repackaging operations of any of the disposal containers included in the shipment, plus any other information required by the Commission as a license condition.
The licensee shall retain these i
records until the Commission transfers or terminates the license that authorizes the activities described in this : action.
f l
58 1
l
(i)(1) Each licensee authorized to dispose of waste materials received from other persons, pursuant to this part, shall submit annual reports to the appropriate Commission regional office sFown in Appendix 0 to 10 CFR Part 20, with copies to the Director, Division of Waste Management, Office of Nuclear Material Safety and Safeguards, 0.S. Nuclear Regulatory Commission, Washington, DC, 20555.
Reports must be submitted by the end of the first calendar quarter of each year for the preceuing year.
(1)
In addition to the other requirements of this section, the licensee shall store, or have stored, manifest and other information pertaining to receipt and disposal of radioactive waste in an electronic recordkeeping system.
The manifest information that umst be electronically stored is --
(1) that required in 10 CFR Pret 20, Appendix G, with the exception of (i) shipper and carrier telephone numbe's and shipper and consignee certifications; and (ii) that information required 'in paragraph (f) of this section.
(2) As specified in facility license conditions, the licensee Sr.all report the stored information, or subsets of this information, on a computer readable medium.
Dated at Roci:ville, Maryland this day of
, 1994.
For the Nuclear Regulatory Commission.
Samuel J. Chilk, Secretary of the Commission.
59
ENCLOSURE 2 NRC UNIFORM LOW-LEVEL RADI0 ACTIVE WASTE MANIFEST AND INSTRUCTIONS 1
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l GENERAL INSTRUCTIONS FOR TriE COMPL ETION OF THE t/RC UN!f0RM LOW-LEVEL RADIDACilVE WA5TE MAtJIFEST l
i The Unifcrm Low-Level Radioactive Waste Manifest consists of the l
1 following forms:
(1) NRC form 540 and 540A': Uniform Low-Level Radioactive Waste Manifest (Shipping Paper) and continuation page; (2) NRC Form 541 and 541A:
Uniform Low-Level Radioactive Waste Manifest (Container and Waste Description) and continuation page; and l
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(3) NRC form 542 and 542A:
Uniform Low-Level Radioactive Waste Manifest (Manifest Index & Regional Compact Tabulation) and continuation page.
The entities who must comply with manifesting regulations are defined in Appendix G Section I, to 10 CFR Part 20.
Typically, all shipments of low-l level radioactive waste for which the consignee is a licensed low-level radioactive waste disposal facility are subject to NRC manifesting requirements.
i With exceptions, as defined in the regulations, shipments of low-level radioactive waste (as determined by the consignor within the definitions in the
?
regulation) to waste processors or waste collectors, prior to ultimate disposal i
of the radioactivity at a licensed disposal facility, are also subject to these manifesting requirements.
Note that State or Compact manifesting requirements may encompass shipments beyond those defined by the NRC.
NRC Form 540 shall be completed oy specified shippers of low-level j
radioactive waste intended for ultimate disposal at a land disposal facility.
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HRC Form 541 shall be completed by specified shippers of low-level i
radioR tive waste intended for ultimate disposal at a licensed land disposal j
Forms 540 and 540A and their respective instructions are based on 5
Department of Transportation regulations, including changes issued on i
(-
FR
).(UPDATE) l 1
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facility, unless agreement has been reached between appropriate parties to transmit the required information electronically.
NRC Form 542 should be completed by processors and collectors of low-level radioactive waste, who are shipping low-level radioactive waste attributed to others for ultimate disposal at a licensed land disposal facility, unless agreement has been reached between appropriate parties to transmit the required information electronically.
Information in these instructions that is typed in italics is not Note:
required by Federal law or regulation.
Radioactive shipments that are not manifested under NRC regulations inust continue to comply with Department of Transportation (00T) regulations.
LISTED IN THESE INSTRUCTIONS ARE THE ITEMS OF INFORMATION THAT REQUIRED OR OTHERWISE NEEDED FOR THE COMPLETION OF THE UNIFOR RADIDACTIVE WASTE MANIFEST. AN EXPLANATION OR REFERENCE FOR EAC INCLUDED TO ASSIST YOU IN PROPERLY COMPLETING THE FORM.
PLEASE CALL THE DESIGNS.TED CONSIGNEE, THE U.S. NUCLEAR REGULATORY COMMISSION (301-415-6756),
i Ok THE U.S. DEPARTMENT OF TRANSPORTATION (202-366-4488) IF YOU SHOU CLARIFICATION OF ANY OF THE ITEMS.
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i NRC Form 540:
UNIFORM LOW-LEvn RADIDACTIVE WASTE tiANIFEST IShippina Paper) i flRC Form 540 must be completed for shipments of low-level radioactive The waste intended for ultimate disposal at a licensed land disposal facility.
majority of the information on f1RC Form 540 is needed to meet DOT shipping The following provide paper requirements for radioactive materia, shipments.
gc m ral instructions. Details regarding D0T requirements can be found in r
49 CFR Part 172..
j 1.
EMERGENCY TELEPHONE NUMBER - The shipper shall provide an _nergency l
~
response' telephone number or numbers for use in the event of an emergency.
If a single' number applies to every entry on th,: shipping papers, enter
'this number in the space provided.
If multiple numbers are required, each j
individual number must be entered in Item 11, immediately following the applicable description of the radioactive material.
Enter the name of the organization responsibic for providing the emergency response information.
Note that additional emergency response information must be-available and presented in accordance with 49 CFR Part 172.602.
IS THIS AN "LXCLUSIVE USE" SHIPMENT? - The shipper shall answer by 2.
checking "yes" or "no."
See 49 CFR Part 172.203.
If "yes," then specific instructions for maintenance of exclusive use shipment controls must be provided by the shipper to the carrier and must be included with the i
shipping paper as required at 49 CFR Part 173.403.
TOTAL t/ UMBER OF PACKAGES IDEtlTIFIED Oil THIS MAtllFEST - Indicate the tota 3.
number of packages Iisted on this manifcst.
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DOES EPA REGULATED WASTE RE0VIRING A MANIFEST ACCOMPANY THIS SHIPME 4,
if the answer to this question _is "Yes", then the shipper shall complete f
Tise the applicable EPA manifest and attach it to the ilRC form 540.
I
. shipper should also identify the EPA manifest number in the space provided (if acceptable to the consignee, the manifest number appearing in item 8 3
of flRC Form 540 may be identical tc the EPA manifest number).
SHIPPER - Indicate the company or f-ility nare. facility address. contact 5.
person, and telephone number.
If applicable, inJicate the permit or other similar number a* signed to the shipper by the appropriate host State in Indicate which the designated licensed disposal facility is located.
whether the shipper is a waste generator, collector or processor, as defined in the regulation, by checking the appropriate box.
If you are a generator, enter one of the following letter codes (Government - G, Fuel Cycle Industry - FC, fluclear Power - flP, University (Academic) - A, Medical - H, Industrial - 1, Other - 0) in the "GEllERATOR TYPE" space.
The space fce a shipper identification number is provided for the shipper to record a number, if any, assigned to the shipper by the consignee or the designated disposal facility operator.
A space provided under the heading, "SHIPMEllT 11 UMBER," is provided for any use deemed appropriate by the shipper.
LARRIER - Indicate either the carrier's name, address, contact person, 6.
telephone number, or the carrier's name and EPA identification number.
Also include the shipping date.
Upon receipt of the shipment, an j
authorized carrier representative will acknowledge shipment receipt by signing and dating in the space prosided.
Enter the total number of pages for EACH set of NRC forms (i.e., Forms 540 1
7.
and 540A, forms 541 and 5' A, and forms 542 and 542A).
In addition, identify the number of pages of additional information (e.g., host State),
that requires a separate page or pages, that is a part of this manifest.
]
1f an EPA manifest accompanies the !!RC Forms, do not include its pages in Item 7.
If flRC Form 542 or additional pages are not part of this manifest, enter "flone" in ihe appropriate blank.
If only NRC form 540 (and 540A, if necessary) is intended to physically accompany the shipment (e.g., the shipper is electronically, or otherwise, 4
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- providing f1RC forms 541 and 542. 2nd w additional information :eparately l
to the consignee), then this must be indicated by placing a parentheses around the number of pages enterec for tJRC forms 541. 542, and additional 6
informatlon.
i MAfilFEST flVMBER - A traceable manifest number of at least four j
8.
This number may j
number / letter characters must be entered by the shipper.
l be dictated by the consignee of the low-level radioactive waste l
(e.g., the waste processor, waste collector, or licensed disposal site r
operator) prior to the shipment.
.00_flSIGt1EE - Indicate the company cr facility name, address, contact 9.
person, and telephone number.
Upon receipt of the shipment, an authorized person at the facility will acknowledge shipment receipt by signing and f
dating in the space provided, d
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.C_ERTIFICAT10t1 - The certification on the manifest must be signed and date 10.
The by the person responsible for the packaging and labeling operations.
person must also be authorized to sign on the behalf of the shipping company or facility.
r U.S. DEPARTMEt4T OF TRAt4 SPORT AT10f1 DESCRIPT10tl (includina proper shinoing 11.
name, hazard class. Uti 10 tJumber and any additional information1 - The requirement for providing this ir. formation is contained within DOT regulations at 49 CFR Part 172.202.
For purposes of transportation in commerce, 00T regulations at 49 CFR Part 172.101 provide a listing of hazardous materials.
If this information is required, the shipper shall use the exact descriptors, in the order specified, contained within the Additional description requirements (e.g., indication of DDT regulations.
Reportable Quantity and flRC Certificate of Compliance, if applicable) are specified ct 49 CFR Part 172.203.
t 12.
00T LABEL "RADI0 ACTIVE" - See' DOT regulations at 49 CFR Part 172.203 and f
49 CFR Part 172.403.
Indicate the type of radioactive label which appears on the package (White - 1. Yellos II, or Yellow III).
The shipper does 5
not need to repeat the word, " RADIO?,CT!VE.'
If no label is required by 007, place "f1A" in this column.
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13.
TRAtlSPORT If4DEX - See D0T regulations at 49 CFR Part 173.403.
This is a i
dimensionless number, which, for nonfissile material packages, is equivalent to the radiation dose rate in millirem per hour at one meter from the surface of the package.
The Transport Index is placed on the l
i label of' a package, designating the degree of control necessary during transportation, If reporting of the Transport Index is not required, place "f4A" in this column.
14.
PHYSICAL At1D CHEMICAL FORM - See D0T regulations at 49 CFR Part 172.203.
Describe the physical form of the contents of the. package as " Solid",
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" Liquid", or " Gas".
List the most prevalent chemical form, i.e.,-
cellulose, fla, cement, metallic oxides, etc. Additional generic information on material description may be included, as needed, to satisfy
' requirements.of shipment consignee.
Further, information on the physical l
and chemical description of the waste is required on flRC Form 541.
15.
It!9!VIDUAL RADI0fJVCL[ DES - See 00T regulations at 49 CFR Part 172.203 and official abbreviations in 49 CFR Part 173.435.
List all radionuclides that are present in the transport package.
The element symbol may be immediately followed by the nuclide's mass number i.e., a dash is not needed.
A semicolon and space should separate the listing of multiple nuclides.
16.
TOTAL PACKAGE ACTIVITY If4 SI UtllTS - Report the total activity in the transport package in SI units.
If desired, this activity may also be reported in units of millicuries, in parentheses, below the listing in SI units.
17.
TOTAL WEIGHT O_R VOLUME - See DOT regulations at 49 CFR Part 172.202.
Using the most appropriate units, identify the total weight or total volume (net or gross as appropriate) of the material identified in Item 11, 6
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IDEllTIFICATI0tt 11 UMBER Of PACKAGE - For cach package, a pa:kage J18.
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identification number, unique among the individual pacuage identification numbers within the shipment, should oe provided.
.Both numbers and letters 1
'may be used..
4 THIS AREA HAS 00 NOT WRITE ~IN THE AREA LABELED "FOR CONSIGNEE USE ONLY".
I BEEN LEFT BLANK INTENTIONALLY TO ALLOW EACh DISPOSAL FACILITY TO REC t
DISCREPANCIES, BURIAL INFORMATION, ETC.
(The information in this space is to be-determ'ined by the individual consignees.)
l Use llRC Form 540A if additional space is needed to describe this shipment.
j
~1ndicate the page' number, total Form 540 and'540A pages, and the manifest t
number reported in Item 8.
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i NRC Form 541:
UNIFORM LOW-LEVB RADI0 ACTIVE WASTE MANIFEST (Container and Waste Descciption)
This form must be completed by shippers of low-level radioactive waste as defined on page 1, uri,ess the information is being transmitted electronically, as noted en pages 1 and 2 of these instructions.
In the cases where waste shipments are to a consignee other than the disposal facility operator and/or are uncontainerized, not all the information is required by NRC regulations.
For shipments of containerized waste to a consignee other than the disposal facility operator, the information request d under the heading, " DISPOSAL CONTAINER DESCRIPTION", Items 5 through 10, and
" Waste Classification", item 16, is not required by NRC regulations.
(Note that container information, however, may be required by the consignee).
For all shipments of uncontainerized waste, Items 5, 6, and 10 are not applicable; the volume of the waste would be reported in item 7, the weight of the waste in Item 8, and surface radiation levels in Item 9.
For those uncontainerized wastes shipped to a consignee other than ;he disposal facility operator, the information requested in Items 9 and 16 is also not required by NRC regulations.
I 1.
MANIFEST TOTALS - Indicate the total number of low-level waste disposal containers described on this manifest (the total number of low-level waste containers may be Iisted, if the consignee is not a 1icensed low-level i
waste disposal facility), the total net waste volume (cubic meters), and the total net weight (kilograms).
10 CFR Part 20, Appendix G requires separate manifest totals for tritium (H-3), C-14, Tc-99, 1-129, U-233, U-235, Pu-239, and uranium and thorium in source material.
For the first four nuclides, enter the totals in fibequerels in the appropriate boxes.
If the radionuclides are not present, place "NP" in the appropriate space.
if the radionuclides exist, but are in quantities less than the lower limit of detection (LLD) in all containers within a shipment, the quantitles of the nuclides must be recorded as the sum of the LLD values (with the summed value included ;r carentheses)
If both detectable and quantities based on LLD values of radionuclides exist in containers making up a shipment, the sum of the detectable and "LLD-based" 8
values shall be reported separately. the latter in parentheses.
The total activity for all nuclides on the manifest (excluding LLD values) must be indicated in the "ALL NUCLIDES" colonn.
Also indicate the total manifested quantity of uranium and thorium in source material (kilograms) and special nuclear material (grams),
including uranicm and thorium in unimportant quantities defined in 10 CFR Part 40.13.
Note: The mass being requested is not the weight of the waste containing these nuclides.
Ensure that the totals in grams for U-233, U-235 and Plutonium equal the grand total of the weight of these nuclides in Special Nuclear Material.
Indicate the total number of disposal containers containing each type of SNM.
2.
MANIFEST NUMBER - Transfer the manifest number from NRC Form 540, Item 8, 3.
Page 1 of page(s) - Include the total number of Form 541 and 541A l
pages.
1 4.
SHIPPER NAME A//D ID // UMBER - Same as reported in Item 5 of NRC Form 540.
NOTE:
5'tE LEAD IN DISCUSSION ON FORM 541 REGARDING THE COMPLETION OF ITEMS 5 THROUGH 10.
5.
CONTAINER IDrNTIFICATION NUMBERI$f//fRATOR ID NUMBER (S) - Provide a disposal cont iner identification number unique among the individual container identification numbers within the shipment (both numbers and letters may be used).
Also indicate ID number (s) of the waste generator (s) and generator (s) contributing waste to the disposal container.
If more than one disposal container is assigned to a single generator, the generator ID number need not be repeated.
//ote that the definition of " generator" identified in this item includes (a) " waste generators" as defined in 10 CFR Part 20, Appendix G and (b) those licensees to which waste can be reasonably attributed, in the context of the low-level Radioactive Waste Policy Amendments Act of 1985, as a result of processing, decontamination, or transfers of radioactive materials.
9
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lhe.,pacin'g between the vertical 1;J irg, of wa>te generator and generator
'D numbers in t his colu~n (i f c ',r.: t Lan ime :jene ra10,- contributes waste to j
a single. disposal container) shall hilow for the r. carding, on an l
individual waste generator or generator basis, of. all information required under the heading, " Waste Descriptico Fcr Each Waste Type In Container.'
j flote that information.on certain Class B and C discrete saste types (e.g.,
activated material, contaminated equipment, mechanical filter, or sealed source / device wastes or individual disposal container wastes contained in l
different solidification / stabilization media) is requested. //o more than l
one generator should be listed per outlined row.
Individual consignees (e.g., disposal facility operators) may require more extensive breakdevns of radiological descriptions (e.g., for Class AS or AU waste).
C0f1TAINER D1SCRIPTION - Using the codes found in (Jote 1 at the bottom of 6.
NRC Form 541, describe the disposal container. When Code 13 (High Integrity Container) is used, ai;o identify the manuf acturer and\\or the NRC and/or host State Certificate of Conpliance Number (s) l model number should be identified, as appropriate.
If Code 19. "Other" is used, describe the container in Item 6.
If the explanation is not entered in
!+.em 6 (the preferred method), enter, "see additional page", and provide the description on that page.
ihe additional page must be included in the
" additional information" total pages called for in item 7 of NRC Form 540.
If the container and waste require disposal in an approved structural overpack, the letters "-0P" must be entered following the appropriate code number.
7.
VOLUME (CUBIC METERS) - As a minimum, indicate the volume of the outside dimensions of each container to the nearest hundredth of a cubic meter.
Consignees (e.g., disposal facility operators) may require a greater sensitivity of measurement.
For volumes of less than 1 cubic meter, always include a zero in front of the decimal.
For bulk unpackaged waste Or unpackaged components or equipmer.t, enter the estimated volume of the waste.
8.
WASTE AND CONTAINER WElGHT (KILOGRAMSJ - List the combined weight, in 10 1
-l
kilograms, of the container plus the contents.
For uncontainerized waste, provide the weight of the waste.
Consignees may require specific sensitivities of measurement.
9.
SURFACE RADIATION LEVEL (mk/hr or R/hr) - Indicate the radiation level on If this contact with the disposal container or uncontainerized waste.
d level does not represent the highest,adiation level on the disposal container provide additional descriptive information.
Select appropriate f
units for the entire page. Do not use "BKG" for background levels unless the background level is indicated in this column.
10.
SURFACE C0llTAMINATI0li (Mbo/100 cm ): ALPHA. BETA-GAMMA - Record the 2
results of contaminatiors surveys performed on the disposal container. Do not use "BKG" for background levels unless the background level is Indicated in this column. Estimated values are acceptable if potential occupational exposures limit survey data collection.
WASTE DESCRIPTOR - Using the codes found in Note 2 at the bottom of NRC 11.
Form 541, indicate the codes which most specifically describe the type of kdiscretewastetypes(h.,
waste in the container.
For activated material, contaminated equipment, mechanical filter, sealed source / device or for wastes contained in different solidification / stabilization media), the spacing between these ve,tical listings of waste descriptors or medias (if more than one waste type or media is included in a single disposal container) shall allow for the provision of radiological descriptions on an individual waste descriptor and individual solidification / stabilization media basis.
Individual consignees (e.g., disposal facility operators) may require more extensive breakdowns of radiological descriptions.
If Code 59, "Other", is used, a written explanation is required.
The preferred option is to include the explanation in item 11, but if additional space is required, enter "see additional page" in item 11.
The additional page must be included in the
" additional information" total pages called for in item 7 of NRC Form 540.
11
If the waste descriptor (e.g.. actintort material) is intended to provide the basis for defining the waste as a waste forn meeting the structural stability requirements,. defined in applicable NRC regulations at 10 CFR Part 61.56(b) or disposal site requirements, a letter.
"-S", must be entered in Item 13.
12.
APPR0XIMATE WASTE VOLUME (S) IN CONTAINER - Indicate the approximate volume of containerized waste, as applicable, by generator, waste descriptor-(if activated material, contaminated equipment, mechanical filter, or sealed source / device waste or waste contained in different solidification / stabilization media).
">85%" may be entered if (1) the disposal container " fill volume" exceeds 85%: (2) the disposal container does not contain the aforementioned discrete wastes, together or mixed l
with other waste types and does not contain more than one solidification / stabilization media; and (3) tne external volume reported in item 7 is approximately equal to the internal disposal container volume.
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13.
50RBEfP LOLIDIFICATION. STABILIZATION Mf0IA - All shipments must use the
]
codes founj in Note 3 at the bottom of NRC Form c'!.
Indicate the codes whic& identify the material used tc solidify or absorb waste material.
I fee-etts h, the spacing between the vertical listings of media descriptor s (if more than one media descriptor is included in a single disposal container) shall allow for the provision of radiological descriptions on an individual " media-descriptor" basis.
Individual
)
consignees may require more extensive breakdowns of radiological descriptions.
Similarly, individual disposal facilities may require
)
solidification of certain wastes (e.g., oil) in specified media and may I
require identification of media vendor or brand name.
If Code 89 cr 99, I
"Other", is used, a written explanation is required.
The preferred option is to include the explanation in item 13, but if additional space is required, enter "see additional page", in item 13.
The additional page must be included in the " additional information" total pages called j
for in item 7 of NRC form 540.
12
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If the solidification process is intended to stabilize the wasta accorda".e with applicable NRC regulations at 10 CFR Part 6].56(b) and
- disposi, site requirements, a leste,.
"-S", must be entered following the approprsate code number.
Note that all Class B and C wastes must meet stability requirements.
For all wastes claimed to meet the aforementioned stability requirements, the vendor and brand name of the stabilization media must be identified in this column.
- 14. 21EMICAL DESCRIPTION - List the most prevalent chemical forms of the j
i waste.
Information in item 14 should expand upon the chemical form description in item 14 of NRC Form 540.
If animal carcasses were coded in Item 11, the chemical form should include the word " LIME," if applicable, in addition to any other significant chemicais.
Also indicate the name of the chelating agents which are present in amounts greater than 0.1X by weight of waste.
Specify the percent in the column under the heading " Weight X Chelatir.g Agent if greater than 0.1%."
If chelating agents are not present indicate "NP."
If chelating agents i
represent less than 0.lX by weight, indicate "0" in the space providcd.
If wastes were generated from large decontamination processes (e.g.,
f LOMI, Can-Decon, Citrox, etc.) indicate the process in this column.
If an additional sheet describing the content of these wastes is needed, note this in Item 7 of NRC form 540.
15.
RADIOLOGICAL DESCRIPTION - This information may be presented in either of First, list all significant radionuclides followed by their two ways.
respective activities in Mbequerels that are present in the waste in each container and for each waste generator (e.g., if waste from more than one generator is contained in a single container).
Daughter products shall be either individually reported or, if within a factor of 2 of being in equilibrium with its (their) parent, shall be reported as the parent with its activity listed, but with the symbol "D" or "NAT" indicating daughter products in equilibrium (e.g., Cs-1370 or ThNAT).
For waste included within a single container, the significant radionuclides and their j
respective activities shall be separately reported for Class B and C discrete wastes (e.g., activatec materials, contaminated equipment, i
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mechanical filters, and sealed sourco devires or wastes contain9d in different solidification or stabilization media).
Other wastes may be described by a combination of-waste Jescriptor codes and. as a result, the' radionuclides and activities may be reported as a combined total.
After listing of the individual radionuclides as described above, enter the word " Total" on a new line and enter the total activity contained in the container.
OR, alternatively, for containers containing a single waste type, enter the total Mbequerels in the container (for each waste generator, if waste from more than one generator is included in a single container)-and enter the percent of each radionuclide.
Always include the
"%" sign when using this option.
Individual consignees may require more extensive breakdowns of radiological descriptions or may not allow the alternative method of reporting described above.
Uranium and thorium activity in source material and U-233, U-235, Note:
and plutonium in special nuclear naterial must be reported in Mbequerels, and must be respectively followed in parentheses, either adjacent or below, by a listing of the quantity of these isotopes in kilograms or grams, as appropriate.
Such reporting must include the appropriate "kg" or "g" abbreviation.
A radionuclide shall be determined to be "significant" if it is contained in the waste in concentrations greater than 0.01 times the concentration of that nuclide listed in Table 1 of 10 CFR Part 61.55 or 0.01 times the smallest concentration of that nuclide listed in Table 2 of 10 CFR Part A radionuclide other than one listed in the tables is considered i
61.55.
significant if it-is contained in the waste in concentrations greater than 0.26 Mbequerels/cm.
Furthermore, any radionuclide whose activity 8
represents a Reportable Quantity under D0T regulations or is 0.01 or more of the total activity within the disposal container should be listed even 14 i
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if the above concentration criteria 1re not met.
Listing only the most abundant radionuclides or the category " mixed fission products" is not
. acceptable.
Use official abbreviations only.
To save space, two nuclides and their respective activities may be entered on each line in this bisected' column, Additional nuclides and their respective activities may be et.:ered on subsequent lines that may be included in each " outlined" row; that is, the lines separating rows are not intended to Ilmit the vertical reporting of nuclides and activities, but are provided to aid the transcription and readability of the provided information.
- 16. WASTE CLASSIFICATION - Using the following codes, indicate waste j
classification and the structural stability of the waste in accordance with applicable NRC requirements or requirements in the radioactive j
material license applicable at the disposal facility to which the waste
)
is/will be consigned. Waste generators shipping to processors need not
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complete this item.
AS - Class A Stable AU - Class A Unstable B - Class B C - Class C BU or CV (unstable class B or C) may be used to classify was;e requiring appropriate handling or processing at a disposal facility to achieve required stability.
If Greater-than-Class C wastes are shipped, use "GTCC" (see 10 CFR Part 61.7(b)(5)).
Use NRC Form 541A if additional space is needed to describe this shipment.
Indicate the page number, total number of form 541 and 541A pages, and the manifest number from NRC form 540, Item 8.
15 j
(
llRC Form 542: UlllFORM ICW-IFVFI RAnl0ACT!VE WASTE Mall!FEST ULanifest Index and Regional Compac_ Tabu!ation]
WASTE COLLECTORIPROCESSOR - Complete the collector or processor's name, 1.
10 number, and t:10 shipping date.
Space has also been provided for any use deemed appropriate by the shipper, MAlllFEST 11 UMBER - Transfer the manifest number from flRC form 540, item 8.
2.
3.
Page 1 of Page(s) - Include the total number of Form 542 and 542A pages.
4.
GEllERATOR IDEllliflCATIOli flUMBER - Each row snould include one of the generator ID numbers from flRC Form 541, item 5.
All generator numbers associated with generators to whom low-level radioactive waste is being attributed, should appear in this column.
5.
GEllERATOR FLAME. PERMIT l/ UMBER (IF APPllCABLE) A!!D TELEPH0llE flUMBER the space provided, specify the information requested on the generator to whom waste is being attributed.
List one and on1v one generator, and accompanying information, in each block.
If permit number is reported in j
ltem 4, it need not be repeated here. Provide the generator information j
requested in items 6 through 11 in the same row.
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6.
GEllERATOR FACLLITY ADDRESS - List the complete address of the generator's
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List one
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facility that has contributed low-level waste to the shipment.
and only one generator address in block consistent with the generator information provided in item 5, 7.
PREPROCESSED WASTE (OR MATERIAL 1 VOLUME - Indicate the approximate volume in cubic meters (not including the container) of the preprocessed waste or material.
Ihis is the volume of waste or material received from the consignor's facility.
This information ~ey be that indicated on the consignor's llRC Form 541, ' Item 12, or the shipping paper used to facilitate the transfer of radioactive material.
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.B.
MANIFEST HUMBER(S) UNDER WHICH WASTE (OR MATERIAL) RECEIVED Af 0.0 ATE OF RECEIPT - List the previous maar,=st number (s) applicabic to the low-level waste that has been attributed to the generator listed in Item 5, and date(s) of waste or material receipt by the shipper identified in Item 5 of HRC Form 540.
i 9.
WASTE CODE:
PROCESSED OR COLLECTED - Indicate the proper waste code, "P"
or "C", using the definitions of waste processor and waste collector contained in 10 CFR Part 20, Appendix G.
Do not mix processed and collected waste on the same line, list separately.
b
- 10. ORIGlHATlHG COMPACT REG 10N OR STAT [ - Identify the originating compact The information to l
region, or unaffiliated state, in the space provided.
l be provided in this column is for the original generator of the waste, as j
defined in 10 CFR Part 20, Appendix G, Section 1.
For each generator listed in item 5, provide the information in the same row.
State abbreviations may be used.
Compact abbreviations may be used when it cannot be confused with a State abbreviation.
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11.
AS PROCESSED _! COLLECTED TOTAL - For each original generator in item 5, list the total Source Material (in kilograms) Special Huclear Material (in grams), activity (in Mbequerels) contained in the waste, and the volume (in cubic meters) attributed tc that generator.
Special Nuclear 7
Material and Source Material are defined in 10 CFR Parts 70.4 and 40.4, f
respectively.
l Total of all (HRC Form 542 and 542A) Pages - In the space provided, i
indicate the totals for items 11 A through 110 that are reported on all pages of the HRC Form 542 and 542A. Do not include subtotals.
Use NRC Form 542A if additional space is needed to describe this Shipment.
Indicate the page number, total number of Form 542 and 542A pages, and the manifest number from HRC fnr1 540, Jtem 8.
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n Ef4 CLOSURE 3 i
REGULATORY Af1ALYSIS i
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i The Final Regulatory Analysis is in preparation and will be included L
before the SECY. package goes to the EDO. We do not expect any significant changes from the draft.
Some cost estimates will be updated based on changes i
. made between the draft and final supporting documents.
The draft RA will be provided if requested.
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Ef1 CLOSURE 4 ORAFT PUBLIC. Af4NOUf4 CEMENT i
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E NRC ISSUES REGULATIONS TO IfiPROVE LOW-LEVEL WASTE SHIPMENT MANIFEST llF'"'"" TION AND REPORTING The Nuclear Regulatory Commission (NRC) is amending its regulations in 10 CFR Parts-20 and 61 to improve the information contained in low-level waste (LLW) shipment manifests, including the use of a uniform LLW manifest, require LLW.
disposal facility operators to store manifest information electronically, and for those operators to submit manifest information on a computer-readable medium.
the Barnwell, SC LLW is currently disposed at three disposal facilities:
disposal facility operated by Chem-Nuclear Systems, Inc., the Richland, WA, facility operated by US Ecology, and the Utah facility near Clive, Utah operated by Envirocare of Utah, Inc.
Each year these facilities receive thousands of shipments of LLW.
Low-level radioactive waste shipped to a LLW disposal facility requires a shipment manifest which describes the contents.
Shipment manifests are large The detailed documents containing information required by the NRC and others.
NRC believes that the existing manifest and recordkeeping systems suffer from three major deficiencies:
(1) information in existing shipment manifests is inconsistent and does not meet all regulatory needs as currently envisioned; (2) information storage at existing LLW disposal facilities is similarly inconsistent and incomplete; and (3) the information cannot be readily accessed and evaluated.
The amendments to 10 CFR Parts 20 and 61 will rectify these problems by (1) improving the quality and uniformity of information contained on manifests that are required to control transfers of LLW ultimately intended for disposal at a land disposal facility; (2) establishing a set of NRC forms, that serves as a national ~ Uniform Low-level Radioactive Waste Manifest, and captures the information needed to meet NRC, DOT, State and Compact information requirements; (3) requiring LLW disposal site operators to electronically store container-specific manifest information; and (4) requiring disposal site i
I operators to be capable of submitting rep; ts of-' stored manifest informatio on a computer-readable ~ medium (e.g., magnetic disks or tapes).
The amendments will improve NRC and State programs-for regulation of LLW disposal' andl assure that the chain of custody of LLW can be tracked from i
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The Uniform Low-Level Radioactive Waste Manifest generation through disposal.
is also designed.to satisfy transportation' shipping paper requirements of the.
j Department of. Transportation.
Further details of the proposed rule are contained in a Federal Register
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" Notice published on c
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t EtiCLOSURE 5 DRAFT C0t4GRESS10t4AL LETTERS
The Honorable Richard H. Lehman, Chairman Subcommittee on-Energy and Mineral Resources Committee on Natural Resources United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
.The NRC has sent to the Office of the Federal Register for (1) improve the quality and uniformity of information The amendments will:
contained on manifests that are required to control transfers of low-level radioactive waste (LLW) ultimately intended for disposal at a land. disposal facility;.(2) establish a. set of NRC forms, that captures the information needed to meet NRC, Department of Transportation, State,-and. Compact information requirements; (3) require LLW disposal site operators to electronically store container-specific manifest information; and (4) require disposal site operators to be' capable of submitting reports of stored manifest
~information on a computer-readable medium (e.g., magnetic disks or tapes).
~ These amendments are intended to ensure the availability of information needed for the safe operation and regulation of LLW disposal facilities and to ensure that the chain of custody of LLW can be tracked-from generation through i
disposal.
l In developing the final rule, the Commission has sought and responded to.Comme comments.and. inputs provided by public commenters.
i regulatory authorities, regional LLW Compact Commissions The Commission has also
. Federal agencies, and environmental organizations. worked with the D Manifest forms and instructions which address transportation sa We requirements. final rule, the Uniform Manifest forms, and associated instructions.
believe-that these commenters have helped to improve the final product, however, the concept and context has remained similar to that presented in the earlier Federal Register notice.
Sincerely, Dennis K. Rathbun, Director Office of Congressional' Affairs
Enclosure:
Federal Register Notice cc:: Representative Barbara Vucanovich See next page for Distribution Offe:
RDB:DRA*
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DD:DRA:RE: D:DRA:RES DD/GIR:RES D:RES
[CG1) *See' previous concurrences Name:. MHaisfield RAuluck SBahadur FCostanzi BMorris CJHeltemes ESBeckjord Date:
04/2/94 06/03/94
'06/30/94
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,Name: DKRathbun 0FFICIAL RECORD COPY Date:.
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s LThe Honorable' Philip R. Sharp, Chairman
' Subcommittee on Energy and_ Power l
l Committee on Energy and Commerce United States House of Representativer i
Washington, DC 20515 1
Dear Mr.' Chairman:
The NRC has sent to the Office of the Federal Register for publication the enclosed final amendments to the Comission's rules in 10 CFR Parts l20 a (1) improve the quality and. uniformity of information The amendments will:
contained on manifests that are required to control transfers of low-level radioactive waste (LLW) ultimately intended for disposal at a land disposal l
facility;-(2) establish a set of NRC forms, that captures the.information.
l needed to meet flRC, Department of Transportation, State, and Compact
.information requirements; (3) require LLW disposal site operators to electronically store container-specific manifest information; and (4) require
. disposal site operators to be capable of submitting reports of stored manifest-i
.information on a computer-readable _ medium (e.g., magnetic disks or tapes)~.
These amendments are intended to ensure the availability of information needed
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for the safe operati_on and regulation of LLW disposal facilities and to ensure that the chain of custody of LLW can be tracked from generation through disposal.
In developing.the final rule, the'C n ission has sought and responded to i
Commenters included State comments and inputs provided by public commenters.
l regulatory authorities, regional LLW Compact Commissions, L The Commission has also Federal agencies, and environmental organizations.
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- ked with the Department of Transportation on those asnects of the Uniform Manifest forms and instructions which address transportation safety requirements.
We final rule, the Uniform Manifest forms, and associated instructions.
believe that these commenters have helped to improve the-final product, however, the concept and context has remained similar to that presented in the earlier Federal Register notice.
Sincerely, Dennis K. Rathbun, Director Of fice of Congressional-Affairs
Enclosure:
Federal Register tiotice Representative Michael Bilirakis See next page for Distribution cc:
l[CG2] *See previous concurrences DD:DRA:RES D:DRA:RES DD/GIR:RES D:RES Offe:- RDB:DRA*
RDB:DRA*
RDB:DRA*
- Name: L MHaisfield RAuluck SBahadur-fCostanzi BMorris CJHeltemes ESBeckjord
'Date: -04/26/94:
06/03/94 06/30/94
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The Honorable Joseph Lieberman. Chairman Subcommittee on Clean Air and fluclear Regulation Committee on En/ironment and Public Works
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United States Senate Washington, DC 20510
Dear Mr. Chairrnn:
The NRC has sent to the Office of the Federal Register fo (1) improve the quality and uniformity of information The amendments will:
contained on manifests that are required to control transfe fard ity; (2) establish a set of 11RC forms, that captures the information nee M to meet flRC, Department of Transportation, State, and Compact information requirements; (3) require LLW disposal site operators to i
electronically store container-specific manifest information; and (4) require disposal site operators to be capable of submitting reports of stored manifest information on a computer-readable medium (e.g., magnetic disks or tapes).
These amendments are intended to ensure the availability of information needed for the safe operation and regulation of LLW disposal facilities and to ensure that the chair of custody of LLW can be tracked from generation through
- disposal, in developing the final rule, the Commissicn has sought and responded toCommen comments and inputs provided by public.com enters.
regulatory authorities, regional LLW Compact Commission The Commission has also Federal agencies, and environmental organizations.
worked with the Department of Transportation on those aspects of the Uniform Manifest forms and instructions which address transportation sa l
We requirements, final rule, the Uniform Manifest forms, and associated instructions.
believe that these commenters hwe helped to improve the final product, however, the ccncept and context has remained similar to that presented in the earlier Federal Register notice.
)
Sincerely, Dennis K. Rathbun, Director Of fice of Congressional Affairs i
Enclosure:
Federal Register flotice cc: Senator Aiin K. Simpson See iext page for Distribution Offc:
RDB:DRA*
RDB:0RA*
RDB:DRA*
DD;DRA:RES D:DRA:RES DD/GIR:RES D:RES
[CG3]
- See previos cnm urrences Name:
MHaisfield RAuluck SBahadur FCostanzi BMorris CJHeltemes ESBeckjord Date:
04/26/94 06/03/94 06/30/94
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