ML20137M259

Ack Receipt of 930813 & 30 Ltrs,Informing Chairman of Position of LLW Forum Re Importance of Finalizing Uniform Manifest Rulemaking & Inviting NRC Staff to Meet W/Forums Manifest Tracking Working Group

ML20137M259
Person / Time
Issue date:	09/09/1993
From:	Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Larson G AFTON ASSOCIATES, INC., LOW-LEVEL RADIOACTIVE WASTE FORUM
Shared Package
ML20007F933	List: ML20137K976 ML20137L041 ML20137L050 ML20137L070 ML20137L123 ML20137L135 ML20137L180 ML20137L268 ML20137L280 ML20137L719 ML20137L726 ML20137L766 ML20137L773 ML20137L815 ML20137L866 ML20137M076 ML20137M170 ML20137M196 ML20137M259 ML20137M289 ML20137M365 ML20138C976 ML20138D080 ML20138D086 ML20138E466 ML20138E729 ML20138E814 ML20138F221
References
FRN-60FR15649, FRN-60FR25983, RULE-PR-20, RULE-PR-61 AD33-2, AD33-2-064, AD33-2-64, NUDOCS 9704080043
Download: ML20137M259 (2)

Text

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f.Gregg'S. Larson.

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}f)).3Q Convenor,.:LLW Forum c/o-Afton Associates, Inc. [f){

'403 East Capitol Street Washington,.DC' 20003

Dear Mr. Larson:

Thank you for your letters of August 13 and August 30, 1993, informing the-

' Chairman of the position of the LLW Forum regarding the importance of

finalizing the uniform manifest rulemaking, and inviting NRC staff to meet with the Forum's Manifest Tracking Working Group. ~As you are aware, interactions'with the Department of Transportation (DOT) are a vital aspect in clarifying an outstanding issue relative to the overall format for the uniform manifest forms. On August 23, 1993, I sent a letter to DOT outlining the current situation, and. asked for their decision on the suitability of the format.of-existing manifests for meeting DOT shipping paper requirements (see enclosure). We hope to have their input prior to the October LLW Forum.

meeting. At this time, we are not anticipating the need to have another public meeting. . However, we will not make a final decision on this matter until after receiving input from the DOT.

Appropriate NRC staff wil'1 be available at the October meeting to provide information. regarding the current status of this rulemaking and our interactions with DOT, as the NRC has done in previous meetings. They will be available to meet either with the whole Forum or the Forum's Manifest Tracking Working Group. Staff will also be available to listen .to the individual views of Forum members, but, as you are aware, the Federal Advisory Committee Act precludes NRC staff from participating in any meeting with outside parties for the purpose of developing a consensus decision, unless there is compliance with the requirements of the Act. (Public notice is only one of the requirements that would have to be met in such circumstances.)

We appreciate your input and support and look forward to your continued interaction.

Sincerely, -

ORIGINAL STONED Ff Eric S. Beckjord, Director Office of Nuclear Regulatory Research

Enclosure:

NRC letter to DOT dated August 23, 1993 Distribution:

Subj/ Circ /Chron EBeckjord CHeitemes TSpels .ASummerour {RES No. 930344), _

RES: Morris Costanzi SHberberg Ott Malsfield WMB Rdg/ Circ SECY No. 93-0722 EDOS/F_MBridgerslEDO No. 9255),MTaylor JSniezek JThompson JBlaha JKnubel NMSS: RBernero JGreeves PLohaus WLahs; g6 OGC: SFonner - , hRh g Offc: WMB fygt! )& WMB Y . DD:D D:DRA Name: MHaisfield b MSHberberg FCostanzi orris l Date: 09/,3/93 - 09/] /93 09/3/93 09/)/93 09/)/93 nIf ~ 41 'fi9 m p Offe: NMSS:Lipy NMh:kl ftp DM D:RES ( OGC mgd f Name: Wlahs[ PLohaus CHNemes' EBeckjord SFonner[

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'eg UNITED STATES

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AUG 2 31993 Mr. Alan Roberts, Associate Administrator for Hazardous Material Safety, RSPA Department of Transportation 400 Seventh Street, SW Washington, DC 20590

Dear Mr. Roberts:

In previous letters to you on May 10, 1991 and September 30, 1992, I discussed the Nuclear Regulatory Commission's (NRC) ralemaking that would mandate the use of a uniform manifest for transfers of low-level radioactive waste (LLW).

This task required us to develop a manifest document that not only captured NRC information and tracking needs but also those of the Department of Transportation (DOT), i.e., shipping paper requirements, the States and Low-Level Radioactive Waste Compact Commissions, and the disposal facility operators. The purpose of any letter is to once again ask for your assistance so th.. we can move forward on this regulatory project.

We have reached the point in this rulemaking where we have developed proposed forms that meet both our agencies' requirements. In addition, we believe, with your help, that the manner in which the information is collected on these forms responds in part to the " reporting burden" issue raised in comments we received on our proposed rule (57 FR 14500; April 21,1992). Nevertheless, to produce a more effective rule and manifest document, and in response to a request from the Low-Level Radioactive Waste Forum, the NRC held a public meeting on June 15, 1993, to discuss concerns raised in the comment letters and to clarify the purpose of the rule. Members of your staff were invited, but were unable to participate in this meeting.

A principal question raised in the comment letters and during the meeting was why the manifest format currently used by the two current disposal facility operators, Chem-Nuclear Systems, Inc. and U.S. Ecology, would not be acceptable. If we were to adopt this approach, the manifest format would be consistent with that which is currently in use in the nuclear industry.

In response to this question, the NRC staff stated their understanding that the DOT did not believe that the disposal facility operators' current manifests complied with DOT =Mpping paper requirements. The NRC staff also discussed several perceived benefits of the proposed new fomat: (2) the presentation of required shipping paper information on one form of tk manifest with no comminglin with other manifest information needed by entities other than DOT; (2 the elimination of the need to transfer NRC and State / Compact information on manifest forms carried by the carrier; and (3) because of (1) and (2),-a reduction of the paperwork in the transporting vehicle. The participants at the meeting, including disposal facility operator representatives, as well as others directly . involved with LLW

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shipments, aggressively challenged the NRC staff's interpretation of shipping paper requirements.

The decision on the ger.eral format of a uniform manifest is a significant one, l both to NRC, and those involved in the management of LLW. Furthermore, it appears that a judgement on the adequacy of existing manifests being used by licensees of NRC and its Agreement States is warranted under Section IV. B. of the Memorandum of Understanding between our two agencies.

I have enclosed a written statement from Chem-Nuclear Systems, Inc., and  !

US Ecology that provides the rationale for their belief that these companies'  !

manifests comply with DOT shipping paper requirements, along with sample manifests. If the existing manifests are judged unsatisfactory in complying with your shipping paper requirements, it would be helpful if the deficiency can be sufficient.ly defined so that we can direct appropriate corrective actions.

In closing, we appreciate the support that DOT has already provided in the  !

development of our proposed rule. I hope that resolution of the above issue l will remove the last hurdle in our determination of which manifest format is )

most suitable to meet both of our requirements. The NRC considers this )

rulemaking to be an important aspect of our overall LLW regulatory program.

Since resolution of this issue is on our critical path to finalizing the rule, I am asking that DOT place a high priority in bringing this issue to closure. ,

I would appreciate receiving your reply by September 30, 1993. Please let us '

know if you will be unable to meet this date. Mark Haisfield of my staff will be coordinatin3 ERC's interactions with 00T. Your staff can reach him at (301) 492-3877. I can be reached at (301) 492-3700.

Sincerely, i 1

O Eric Beckjord, Director b

Office of Nuclear Regulatory Research

Enclosures:

1. US Ecology letter

2. Chem-Nuclear Systems letter

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Mel Silberberg, Chief-Waste Management Branch j Office of Nuclear Regulatory Research USNRC ,

Washington, D.C. 20555 l

Dear Mr. Silberberg:

Enclosed is an evaluation of the use of US Ecology's Radioactive Waste Shipment and Disposal Manifest as shipping < papers in ,

accordance with the requirements of 49 CFR, part 172, subpart C.

References:

a) 49 CFR, Parts 100 to 177, revised as of October 1, 1992.

b)' US Ecology's Radioactive Waste Shipment and Disposal Manifest, revision April 1991.

49 CFR shipping paper references are annotated on the attached US I Ecology disposal manifest where applicable; however, the following refarences need further explanation.

1. 172.201 (a) (4) - Additional information is permitted I provided it is not inconsistent with the required description and this additional 'information is placed

after the basic description required by 172.202 (a). ,

i All information on the USB manifest is related to the waste which is being transported but in more detail than I required by this subpart, t

2.

'172.202 (a) (2) - Hazard Class 7 for radioactive material

. is not ' included in ihe proper shipping name of this l j

revision of.the USE aknifest. This will be added in the '

. next revisions.howsvar, hazard Class 7 can be handwritten F for the. applicable radioactive material type, proper shipping name, 4.- 2 3, p ; . .. .-

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3. 172.203 (d) (iii), (iv) - These statements for fissile material can be added to the continuation sheets for each package.

In conclusion, the US Ecology manifest meets the intent of shipping papers per 49 CFR, part 172, subpart C. It will provide all the information required by the Department of Transportation (DOT) and ,

necessary for emergency situations.

Thank you for the opportunity to present this evaluation. Please call me at 1-800-999-7160 if I can be of any further assistance.

Sincerely, s  !

Mark R. Ledoux Deputy Chief Radiological Control and Safety Officer Attachment cc: Art Palmer Jim Shaffner l

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CHEM-NUCLEAR SYSTEMS,INC.

B M ceaeamo */no-August 5, 1993 c8-02s4-93 1 Mel Silberberg, Chief Waste Management Branch Office of Nuclear Regulatory Research Nail'Stop NLS-260' '

U.S. Nuclear Regulatory commission l

, , Washington, D.C. 20555 .

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Dear Mr. Silberberg,

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Thank-you for the opportunity to address the issue of using the I current radioactive waste manifest or NRC's earlier version of the uniform radioactive waste manifest as a DOT hazardous material

' shipping paper.

From.the public meeting you convened June 15, 1993, it was ev2 dent that . many of the people in attendance were not happy with uhe

-latest draft revision that separated the DOT hazardous material i shipping paper information (Form 540) from the disposal information l (Form .541) . These changes made by NRC based on discussions and meeting with the DOT have resulted in a very burdensome system with unnecessary repetition. I hope that my attached comments can help resolve these issues and revert the uniform radioactive waste  ;

manifest back to the earlier, easier to use version.  :

1 If you have any questions or I can provide you with more information, please let me know.

l l Sincerely, 4

l CHEM-NUCLEAR CYSTEMS, INC.

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Mark S. Lewis Managan, Customer Service MSL/vsj.

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USING A LOW-LEVEL RADIOACTIVE WASTE MANIFEST AS A DOT HAZMAT SHIPPING PAPER Mark S.14wis, Chem-Nuclear Systems, Inc.

INTRODUCTION De following is intended to support the practice of using the current low-level zwfimefive waste (ILW) disposal manifests as and to comply with the Dwi... cst of Transportation (DOT) l hazardous material shipping papers requirements found in 49 CFR 172 Subpart C. He current low-level radioactive waste manifests have been designed by the disposal facility operators and approved by their respective state licensing agencies for use in the transportation and disposal ofILW.

The industry, federal agencies, and state agencies have for over twenty five years twamid and accepted the current 11W disposal manifests as DOT hazardous material shipping papers.

One of the NRC's earlier versions of the proposed Uniform Radioactive Waste Manifest was a slightly modified version of the cunent manifests in use. Based on DOT comments and requests

, the NRC has %W their latest draft of the uniform radioactive waste manifest. The majority ofindustry and many regulatory personnel are not in favor of the latest version W= of what some perceive as a misinterpretation of what is required and an unwery increase in j paperwork that has lead to a lot of repetition. Many of the following comments were collected frorn persons present at the forum that NRC held to discuss their latest revisions to the uniform j r=fimetive waste manifest.

De cunent manifest, as designed and approved for use at the Barnwell Waste Management Pacility, is a multifunction form. 'Ihese mar.' fats are intended to comply with a variety of i%ui.wents thatinclude:

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DOI"s hazardous material shipping paper requimnents per 49 CFR 172 Subpart C.

l Nuclear Regulatory Commission's (NRC) LLW transfer for disposal requirements per f

10 CPR 20.311 ( or A,v-adix F).

NRC requirernents for transfer of licensing control per 10 CFR 30, 40, and 70 for byproduct, source material, and special nuclear material.

State of South Carolina issued requirernents per S.C. Radioactive Materials license 097.

e DOE requests for collection and maintenance of disposal records for the LLW national 1

database. '

e Chem-Nuclear Systems procedures for the long-term maintenance of records and the potection of employees.

i DOT HA'7 MAT SHIPPING PAPER COMPUANCE One of the major <=Mmtions in the design of the Barnwell ILW disposai manifest was the I j

compliance with the DOT hazardous material shippm' g paper requirements found in 49 CFR 172 Sept C. The following table identifies all of the applicable requirements of 49 CFR '172 Subpart C 2d the corresponding method ofcompliance on the Barnwell I1W disposal manifest

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ilb btKMacMN $$$@adMdh$h5[Ada64NlNAIE dsaM##$dIAf4@$ddN$ddkSdiE8 201(a)(1) Hazardous and nonhazardous Low-level radioactive waste and non-meterlei described on the same hazardous waste are not typice#y shipped to shipping paper the disposal facility on the sarne truck. But, 1

if hazardous and nonhazardous material were to be identified on the manifest Block 6 has the radioactive meterial basic descriptions proprinted first and the nonhazardous metodel wil! appear after.

201(a)(4) A shippino paper may contain in order to achieve our multifunction form additional information ..not goal, there are many pieces of additional inconsistent..must be placed after information, none of which are inconsistent the basic description .172.202(a) and all of which are placed after the basic description. The only things that appear before the basic description are names and j addresses of shipper, carrier, arW receiver and identification / permit numbers.' These thinos appearine before the basic description is accepted and endorsed by the DOT as evidenced by their acceptance of EPA's hazardous waste manifest (172.205).

, 201(c) Continuotion page numbering in order to list all the information specific to

each package that DOT requires per 4

172.203(d) continuotion pages are a necessity for Lt.W. Quite often 100 drums are shipped at one time. The cover page i

and each continuation pace has a location j for consecutively numberin0 pages.

201(d) Emergency response telephone in Block 1 there is a blank location for l

, number identifyin0 the emer9ency response telephone number.

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i 202(a) The shipping descdpdon..must Block 6 of the manifest is set up and include: (aH11 proper shipping nome partially proprinted to ensure compliance .

(PSN), (2) heaard class or division with this requirement. The proprinted PSN i number, (3) identification number and 10# have been changed and will be (ID#), (4) pacidng group, and (5) rnade available in order to compliance with total quantity. the HM.181 transition period of October 1,  ;

m 1993. To assist the emergency responders ,

in meterial identification, CNSI has shadowed Block 6 so it is easier to see and can in distinguished from other information -

on the manifest.

l 202(b) The basic descdpdon (PSN, hazard or Block 6 has these three required entries division number, and 10#) must (radioactive meterial is not subject to appear in sequence. packing groups)in sequence.

202(c) The. total quantity..must.. covered by Block 6 has a blank for identifying the one description. The type of number of packages per basic description.

packaging..msy.. The type of package is entered on a per package basis on the continuation pages in column 32.

202(d) Technical and chemical group Radioactive materials don't have technical

{ names... name or chemical group names that need to

place in parentheses because of the radionuclide and chemical / physical form requirements of 172.203(dl.

203(c) Hazardous substances..RO.. Block 6 hes a blank avellable for those  !

j radioactive meterial packages shipped

containing a reportable quantity.

203(dH1) The words

• RADIOACTIVE Block 6 will have this requirement proprinted MATERIAL *... on the manifest form, if required, by the time the HM.181 transition period must be

complied with.

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I 203(d)(2) The description for a ahlpment must This requirement does not state or require include..the name of each that the radionuclides be listed on a per radionuclide in the radioactive package basis. It states and requires material... radionuclides to be listed *for a sh!pment for each classification *, yet the rnanifest does i

require that each radionuclide be listed por package in Column 21.

, 203(d)(3) Physical and chemical form... This requirement does not state or require that the physical and chemical form be listed on a per package basis. It states and requires the physical and chemical form to be listed "for a shipment for each classification *, yet the snanifest does require that the physical and chemical form be list for each package in Columns 24 and 25.

203(d)(4) Activity contained in each package... This requirement does state and require that the activity be identifiM for the package.

Highway route controlled quantity The manifest requires that the total package entry... activity be identified in Column 23. This requirement does not state or require that the activity be identified for each radionuclide in the package, yet the manifest I

that the activity por radionuclide per package be identified in Column 22.

Radioactive waste never reactms that highway route controlled quantity level, but if it did shippers are instructed to make an entry in Block 6 in association with the basic description.

203(d)(5) Category oflabel applied to each Column 36 requires the category of label to package... be identified per package.

203(d)(6) Transport index (TI) assigned to each Column 33b requires the Tl be identified per yellow 11 and lit package... package.

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4 203(d)(7) Resile material.. Column 35 requires NA, fissile exempt,'or fissile I,11 or lit. Radioactive waste never falls into the fissile ill category, but if it did shippers could rnake the warning statement on the rnanifest.

203(d)(8) DOE or NRC 10 marking... Block 5 has a location for making this entry.

f 203(k) Technical names... Radioactive rnatorials don't have technical name or chernical group names that need to place in parentheses because of the radionuclide and chemical / physical form requirements of 172.203(dl.

j 204(a)(1) Shipper's certification... The DOT shipper certification is preprinted in

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Block 18 word for word.

204(d) Signature... There is blank in Block 18 for the shipper's signature.

The NRC, based upon DOT's comments and at the DOT's aquest, modified the original design of a uniform radioactive waste manifest. 'Ihe NRC's original was similar to the current LLW manifests. A lot of modifications to NRC's latest version seem to have been based upon misinterpretation of the requirements, claims ofintent vs. letter of the law, or upon personal desires of DOT personnel rather than specific compliance. 'Ihe following are a couple of examples based upon our understanding, secondhand, of how DOT's comments, midat**pretations, claims ofintent vs letter, or penonnel desires have affected the most recent draft of the uniform radioactive waste manifest:

DOT's comments resulted in multiple sets of forms, because the NRC required disposal information was interfering with the DOT required entries. When shipping radioactive waste =Mitiaaal information will be.present on the manifest that is not specifically required by DOT for hazardous material shipping papers. This additional information

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is acceptable and murharized per 172.201(a)(4) herane it follows the basic h"6"on entry and is not !- i=*=* The regulations do not state that the additionalinformation 1

must follow all required entries or can't be present, it only states that it must follow the basic description required by 172.202(a). 172.202(a) includes only the proper shipping name, hazard class or division code, ID#, packing group (when applicable). In addition, the other entries are not inconsistent because the additional information contains more and different information about the packages. "Ihe additional information about the radlame*ive material in the package can assist a trained emergency responder in the event of an accident.

e DOT personnel believes that every radioactive waste package must have a full compliment of required entries (as identified in the table above) to include the proper shipping name, hazard class or division code, and ID#. 'Ihe regulations state that when multiple packages can be classified the same (same basic description) then the majority of the required entries needs to be list once for all of those packages with the only l requirement for listing information on a per package basis being the activity, type label, and transport index, when applicable. .  !

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j Some of the above disenteinn will hopefully resolve any misinterpretations on our part or DOT's. To resolve issues of intent vs letter and pemonal desire we need to consider the l regulatory basis, the safety benefit, and the im,'=et<. If a~**wy from a safety standpoint then

the regulations need to be changed to require it of all shippers of radioactive material notjust  !

radioactive waste shippers thre.gii the uniform radioactive waste manifest. If there is no j requirement currently in the regulations, there is no safety benefit that require a regulations

change, and there are negative impacts then the current low-level radioactive waste manifests are acceptable as DOT hazardous material shipping papers and NRC's previous version is also

acceptable.

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SAFETY AND EMRRGENCY RRtPONSE CONSIDERATIONS De main objective of the DUT hazardous material transperudion regulations is to ensure public health and safety in tr&c.5pudadon and ensure emergency responders can safely and effectively response to hazardous materials incidents. The hazardous nuterial shipping paper plays a major

. sole in achieving that goal. The following is a couple of comments in regards to the use of i

the current manifests or the original NRC proposed uniform radioactive waste manifest as a DOT hazardous material shipping paper in achieving the safety and emergency response goals

i The basic L'.ption (proper shipping name, hazard class or division number, and ID#)

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Is the most important entry on the shipping paper for use by the emergency resper.dcr.

With the basic description the emergency smaadar will use the DOT's Emsg&.cy l Response Guidebook to identify the basic emergency response actions. Typically, that i is all that can be expected from the first on-the-scene responder. Law enforcement, rescue, and fire department personnel do not have the training, knowledge, and time to i take advantage of the rest of the information (i.e.: activity, physical and chemical form, l radionuclides) on hazmat shipping papers required of radioactive material. It is the next-I on-the-scene or the specialty teams, i.e. hazmat or radiological emergency responses teams, that have the skills to utilize the additional information.

His is the reason it is --'y to have a full compliment of radioactive material -

entries for each package. When appropriate, one basic description for all the packages that can be classified by that description, followed by entries that are applicable to all the packages collectively, followed by a breakdown of each packagc's activity, type label, and transport index. From the standpoint of safety, if a r-aadar for example did not know the exact radionuclide or mix of radionuclides in an individual package, but did know all of the different types of radionuclide that are in a group of packages (i.e. Type A, Radiametive material, n.o.s.; UN2982), then that responder would respond to each package as ifit contained the most ndiotoxic radionuclide(s), taking the conservative approach, and reducing the chance of risk. If needed, that responder could identify the

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radionuclides by looking on the package label. His is the reason the regulations don't require the radionwMan to be identified on a per package basis for all of the packages cover by one basic description. Other entries that are identified on a per classification basis rather than a per package basis arejustified using similar rational. De entries that must be made on a per package basis (total package activity, type label, and transport index) are specific to handling and protection control. De safety feature that seems to be missing is a package identification (ID#) so that these shipping paper entries on a per package basis can be cross referenced to a package that may be found at some distance away from an amident scene. Chem-Nuclear Systems, Inc. requires an item number on each container and this must correspond with the item number listed on the manifest continuation sheet, e . He DOT hannat shipping paper information does not need to be separated from the NRC required disposal information. As long as the additional disposal information follows the basic description and is not inconsistent it is in compliance with 172.202(a) and there to aid the first-on-tiescene responder. Den the information provided per 172.203(d)is sufficient to aid the next-on-the-scene and not reduce safety. De firsten-the-scene responders will only use the basic description. He next-on-the-scene respcoders will have had better training, understand the radiolo;;ical information, and will

have no trouble in gathering the information they need to appropriately respond to the l . incident.

i CONCLUSION Since the industry, federal agencies, and state agencies have for over twenty five years E-4 W d and ar-f~t the current LLW disposal manifests as DOT hazardous material nhipplag papers; and 4

, Since the currut LLW manifest or NRC's cariier version of the uniform radioactive waste manifest meets the letter, if not both the intent and letter of the law; and

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Since the main objective of the DOT hazardous material transpedation segulations is to ensure

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public hemkh and safety in trar. sped. tion and ensure emergency responders can safely and effectively response to hazardous materials incidents for which the current LLW manifest or NRC's earlier version of the uniform radioactive waste manifest can ensure; We conclude that the current LLW disposal manifest and the earlier, shorter version of the NRC's uniform radioactive waste manifest are legal and acceptable as a DOT hazardous material shipping papers.

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PO Box 726, BamweB, Soutit Caronna 29812 TELEPHONE StaPPING DATE ADDRESS (803) 259-1781 RADIOACTIVE SHIPMENT MANIFEST FORM StaPMENT TYPE SHIPHLNT SURFC ON -guty rip

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- (17) ( )Yes ( ) No THIS VEHtCLE IS CONSIGNED EXCLUSNE USE. LOADING AND UNLOADING MUST .  % *s h Na W3536@ as W aml h efecWwe Damwe4 She Deposal-BE ACCOMPLtSHED BY CONSIGNOR OR CONSIGNEE OR hts DESIGNATED AGENT. Criterna wilhin 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> prior to sNpment we, e e. iaws,,uise and w and further .,e cer1Acation is made that te inspecton revealed no tems of non.compEance '

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