ML22186A171

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Washington Regulations Chapter Wac 246-231
ML22186A171
Person / Time
Issue date: 06/28/2022
From:
NRC/NMSS/DMSST/ASPB
To:
Beardsley M
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Download: ML22186A171 (11)


Text

AMENDATORY SECTION (Amending WSR 17-01-034, filed 12/12/16, effective 1/12/17)

WAC 246-231-060 General licenseNRC-approved package. (1) A general license is hereby issued to any licensee of the department, NRC, or an agreement state, to transport, or to deliver to a carrier for transport, licensed material in a package for which a license, certificate of compliance, or other approval has been issued by the NRC.

(2) This general license applies only to a licensee who has a quality assurance program approved by NRC as satisfying the provisions of 10 C.F.R. 71 Subpart H.

(3) Each licensee issued a general license under this chapter shall:

(a) Maintain a copy of the certificate of compliance, or other approval of the package, and the drawings and other documents referenced in the approval relating to the use and maintenance of the packaging and to the actions to be taken before shipment; 1/20/2022 03:42 PM [ 1 ] NOT FOR FILING OTS-3485.2

(b) Comply with the terms and conditions of the license, certificate, or other approval, as applicable, and the applicable requirements of 10 C.F.R. 71 Subparts A, G, and H; and (c) Before the licensee's first use of the package, submits in writing to: ATTN: Document Control Desk, Director, Division of ((Spent Fuel Storage and Transportation)) Fuel Management, Office of Nuclear Material Safety and Safeguards, using an appropriate method listed in 10 C.F.R. 71.1(a), the licensee's name and license number and the package identification number specified in the package approval.

(4) This general license applies only when the package approval authorizes use of the package under this general license.

(5) For a Type B or fissile material package, the design of which was approved by NRC before April 1, 1996, the general license is subject to the additional restrictions of 10 C.F.R. 71.19.

[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 17-01-034, § 246-231-060, filed 12/12/16, effective 1/12/17. Statutory Authority:

RCW 70.98.050. WSR 14-09-017, § 246-231-060, filed 4/7/14, effective 5/8/14; WSR 08-09-093, § 246-231-060, filed 4/18/08, effective 5/19/08; WSR 99-15-105, § 246-231-060, filed 7/21/99, effective 8/21/99.]

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AMENDATORY SECTION (Amending WSR 17-01-034, filed 12/12/16, effective 1/12/17)

WAC 246-231-140 Advance notification of shipment of irradiated reactor fuel and nuclear waste. (1)(a) As specified in subsections (2), (3), and (4) of this section, each licensee shall provide advance notification to the governor of a state, or the governor's designee, of the shipment of licensed material, within or across the boundary of the state, before the transport, or delivery to a carrier, for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage.

(b) As specified in subsections (2), (3), and (4) of this section, after June 11, 2013, each licensee shall provide advance notification to the Tribal official of participating tribes referenced in subsection (3)(c)(iii) of this section, or the official's designee, of the shipment of licensed material within or across the boundary of the Tribe's reservation before the transport, or delivery to a carrier for transport, of licensed material outside the confines of the licensee's plant or other place of use or storage.

(2) Advance notification is required under this section for shipments of irradiated reactor fuel in quantities less than that 1/20/2022 03:42 PM [ 3 ] NOT FOR FILING OTS-3485.2

subject to advance notification requirements of NRC regulations 10 C.F.R. 73.37(f). Advance notification is also required under this section for shipment of licensed material, other than irradiated fuel, meeting the following three conditions:

(a) The licensed material is required by this section to be in Type B packaging for transportation; (b) The licensed material is being transported to or across a state boundary en route to a disposal facility or to a collection point for transport to a disposal facility; and (c) The quantity of licensed material in a single package exceeds the least of the following:

(i) ((3000)) Three thousand times the A1 value of the radionuclides as specified in WAC 246-231-200, Table A-1 for special form radioactive material; (ii) ((3000)) Three thousand times the A2 value of the radionuclides as specified in WAC 246-231-200, Table A-1 for normal form radioactive material; or (iii) ((1000)) One thousand TBq (27,000 Ci).

(3) Procedures for submitting advance notification.

(a) The notification must be made in writing to the office of each appropriate governor or governor's designee, to the office of 1/20/2022 03:42 PM [ 4 ] NOT FOR FILING OTS-3485.2

each appropriate Tribal official or Tribal official's designee, and to the Director, ((Division of Security Policy,)) Office of Nuclear Security and Incident Response.

(b) A notification delivered by mail must be postmarked at least seven days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.

(c) A notification delivered by any other means than mail must reach the office of the governor or the governor's designee, or of the Tribal official or the Tribal official's designee, at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur.

(i) A list of the names and mailing addresses of the governors' designees receiving advance notification of transportation of nuclear waste was published in the Federal Register on June 30, 1995, (60 FR 34306).

(ii) Contact information for each state, including telephone and mailing addresses of governors and governors' designees, and participating Tribes, including telephone and mailing addresses of Tribal officials and Tribal official's designees, is available on the NRC website at((:)) https://scp.nrc.gov/special/designee.pdf.

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(iii) A list of the names and mailing addresses of the governors' designees and Tribal officials' designees of participating Tribes is available on request from the Director, Division of

((Intergovernmental Liaison and Rulemaking, Office of Federal and State Materials and Environmental Management Programs, NRC)) Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001.

(d) The licensee shall retain a copy of the notification as a record for three years.

(4) Information to be furnished in advance notification of shipment. Each advance notification of shipment of irradiated reactor fuel or nuclear waste must contain the following information:

(a) The name, address, and telephone number of the shipper, carrier, and receiver of the irradiated reactor fuel or nuclear waste shipment; (b) A description of the irradiated reactor fuel or nuclear waste contained in the shipment, as specified in the regulations of DOT in 49 C.F.R. 172.202 and 172.203(d);

(c) The point of origin of the shipment and the seven-day period during which departure of the shipment is estimated to occur; 1/20/2022 03:42 PM [ 6 ] NOT FOR FILING OTS-3485.2

(d) The seven-day period during which arrival of the shipment at state boundaries or Tribal reservation boundaries is estimated to occur; (e) The destination of the shipment, and the seven-day period during which arrival of the shipment is estimated to occur; and (f) A point of contact, with a telephone number, for current shipment information.

(5) Revision notice. A licensee who finds that schedule information previously furnished to a governor or governor's designee, or a Tribal official or Tribal official's designee, in accordance with this section, will not be met, shall telephone a responsible individual in the office of the governor of the state or of the governor's designee or the Tribal official or the Tribal official's designee, and inform that individual of the extent of the delay beyond the schedule originally reported. The licensee shall maintain a record of the name of the individual contacted for three years.

(6) Cancellation notice.

(a) Each licensee who cancels an irradiated reactor fuel or nuclear waste shipment for which advance notification has been sent shall send a cancellation notice to the governor of each state or to the governor's designee previously notified, to each Tribal official 1/20/2022 03:42 PM [ 7 ] NOT FOR FILING OTS-3485.2

or to the Tribal official's designee previously notified, and to the Director, ((Division of Security Policy,)) Office of Nuclear Security and Incident Response.

(b) The licensee shall state in the notice that it is a cancellation and identify the advance notification that is being canceled. The licensee shall retain a copy of the notice as a record for three years.

[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 17-01-034, § 246-231-140, filed 12/12/16, effective 1/12/17. Statutory Authority:

RCW 70.98.050. WSR 14-09-017, § 246-231-140, filed 4/7/14, effective 5/8/14; WSR 08-09-093, § 246-231-140, filed 4/18/08, effective 5/19/08; WSR 99-15-105, § 246-231-140, filed 7/21/99, effective 8/21/99.]

AMENDATORY SECTION (Amending WSR 17-01-034, filed 12/12/16, effective 1/12/17)

WAC 246-231-150 Quality assurance requirements. (1) Purpose.

This section describes quality assurance requirements that apply to design, purchase, fabrication, handling, shipping, storing, cleaning, assembly, inspection, testing, operation, maintenance, repair, and 1/20/2022 03:42 PM [ 8 ] NOT FOR FILING OTS-3485.2

modification of components of packaging that are important to safety.

As used in this chapter, "quality assurance" comprises all those planned and systematic actions necessary to provide adequate confidence that a system or component will perform satisfactorily in service. Quality assurance includes quality control, which comprises those quality assurance actions related to control of the physical characteristics and quality of the material or component to predetermined requirements. Each licensee and applicant for a package approval is responsible for satisfying the quality assurance requirements that apply to design, fabrication, testing, and modification of packaging subject to this chapter. Each licensee is responsible for satisfying the quality assurance requirements that apply to its use of packaging for the shipment of licensed material subject to this chapter.

(2) Establishment of program. Each licensee, certificate holder, and applicant for a certificate of compliance shall establish, maintain, and execute a quality assurance program satisfying each of the applicable criteria in 10 C.F.R. 71.101 through 71.137 and satisfying any specific provisions that are applicable to the licensee's activities including procurement of packaging. The licensee, certificate holder, and applicant for a certificate of 1/20/2022 03:42 PM [ 9 ] NOT FOR FILING OTS-3485.2

compliance shall execute the applicable criteria in a graded approach to an extent that is commensurate with the quality assurance requirement's importance to safety.

(3) Approval of program. Before the use of any package for the shipment of licensed material subject to this chapter, each licensee shall obtain ((NRC)) the department's approval of its quality assurance program. Using an appropriate method listed in 10 C.F.R. 71.1(a), each licensee shall file a description of its quality assurance program, including a discussion of which requirements of 10 C.F.R. 71 Subpart H are applicable and how they will be satisfied, by submitting the description to((: ATTN: Document Control Desk, Director, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards)) the department.

(4) Radiography containers. A program for transport container inspection and maintenance limited to radiographic exposure devices, source changers, or packages transporting these devices and meeting the requirements of WAC 246-243-120(2), 10 C.F.R. 34.31(b), or equivalent agreement state requirements, is deemed to satisfy the requirements of WAC 246-231-060(2) and 246-231-150(2).

[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 17-01-034, § 246-231-150, filed 12/12/16, effective 1/12/17. Statutory Authority:

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RCW 70.98.050. WSR 14-09-017, § 246-231-150, filed 4/7/14, effective 5/8/14; WSR 08-09-093, § 246-231-150, filed 4/18/08, effective 5/19/08.]

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