Section 3710. Requirements for transfers of low-level radioactive waste intended for disposal at licensed land disposal facilities and manifests

A. Manifest.

1. A waste generator, waste collector, or waste processor that 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 reflecting information requested on applicable NRC Forms 540 (Uniform Low-Level Radioactive Waste Manifest (Shipping Paper)) and 541 (Uniform Low-Level Radioactive Waste Manifest (Container and Waste Description)) and, if necessary, on an applicable NRC Form 542 (Uniform Low-Level Radioactive Waste Manifest (Manifest Index and Regional Compact Tabulation)). NRC Forms 540 and 540A must be completed and must physically accompany the pertinent low-level waste shipment.

2. Upon agreement between shipper and consignee, NRC Forms 541, 541A, 542, and 542A may be completed, transmitted, and stored in electronic media with the capability for producing legible, accurate, and complete records on the respective forms.

3. Licensees are not required by the agency, the NRC, or another agreement state to comply with the manifesting requirements of this subpart when they ship:

a. Low-level radioactive waste for processing and expect its return, such as for storage under their license, prior to disposal at a licensed land disposal facility;

b. Low-level radioactive waste that is being returned to the licensee that is the waste generator or generator; or

c. Radioactively contaminated material to a waste processor that becomes the processor's residual waste.

4. For guidance in completing the forms required under subdivision 1 of this subsection, refer to the instructions that accompany the forms. Copies of manifests required by this subpart may be legible carbon copies, photocopies, or computer printouts that reproduce the data in the format of the uniform manifest.

5. NRC Forms 540, 540A, 541, 541A, 542, and 542A, and the accompanying instructions, in hard copy, may be obtained by writing or calling the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone [phone], or by visiting the NRC's website at www.nrc.gov.

6. This section includes information requirements of the DOT, as codified in 49 CFR Part 172. Information on hazardous, medical, or other waste, required to meet Environmental Protection Agency (EPA) regulations, as codified in 40 CFR Part 259, 261 or elsewhere, is not addressed in this section and must be provided on the required EPA forms. However, the required EPA forms must accompany the uniform low-level radioactive waste manifest required by this section.

B. General information. The shipper of the radioactive waste must provide the following information on the uniform manifest:

1. The name, facility address, and telephone number of the licensee shipping the waste;

2. An explicit declaration indicating whether the shipper is acting as a waste generator, waste collector, waste processor, or a combination of these identifiers for purposes of the manifested shipment; and

3. The name, address, and telephone number, or the name and EPA identification number for the carrier transporting the waste.

C. Shipment information. The shipper of the radioactive waste must provide the following information regarding the waste shipment on the uniform manifest:

1. The date of the waste shipment;

2. The total number of packages or disposal containers;

3. The total disposal volume and disposal weight in the shipment;

4. The total radionuclide activity in the shipment;

5. The activity of each of the radionuclides H-3, C-14, Tc-99, and I-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.

D. Disposal container and waste information. The shipper of the radioactive waste must provide the following information on the uniform manifest regarding the waste and each disposal container of waste in the shipment:

1. An alphabetic or numeric identification that uniquely identifies each disposal container in the shipment;

2. A physical description of the disposal container, including the 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 disposal facility, the maximum radiation level at the surface of each disposal container;

6. A physical and chemical description of the waste;

7. The total weight percentage of chelating agent for any waste containing more than 0.1% chelating agent by weight, plus the identity of the principal chelating agent;

8. The approximate volume of waste within a container;

9. The sorbing or solidification media, if any, and the identity of the solidification media vendor and brand name;

10. The identities and activities of individual radionuclides contained 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, such as activated materials, contaminated equipment, mechanical filters, sealed source or devices, and wastes in solidification or stabilization media, the identities and activities of individual radionuclides associated with or contained on these waste types within a disposal container must be reported; and

11. The total radioactivity within each container.

E. Uncontainerized waste information. The shipper of the radioactive waste must 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 according to 12VAC5-481-2571. Waste not meeting the structural stability requirements of 12VAC5-481-2572 must be identified;

5. The identities and activities of individual radionuclides contained in the waste, the masses of U-233, U-235, and plutonium in special nuclear material, and the masses of uranium and thorium in source material; and

6. For wastes consigned to a disposal facility, the maximum radiation levels at the surface of the waste.

F. Multigenerator disposal container information.

1. This subsection applies to disposal containers enclosing mixtures of waste originating from different generators. The origin of the low-level radioactive waste resulting from a waste processor's activities may be attributable to one or more generators, including waste generators. This subsection also applies to mixtures of wastes shipped in an uncontainerized form, for which portions of the mixture within the shipment originate from different generators.

2. For homogeneous mixtures of waste, such as incinerator ash, the shipper must provide the waste description applicable to the mixture and the volume of the waste attributed to each generator.

3. For heterogeneous mixtures of waste, such as the combined products from a large compactor, the shipper must identify each generator contributing waste to the disposal container and for discrete waste types, such as activated materials, contaminated equipment, mechanical filters, sealed source or devices, and wastes in solidification or stabilization media, the identities and activities of individual radionuclides contained on these waste types within the disposal container. For each generator, the shipper must provide the following:

a. The volume of waste within 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 percent 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 stability requirements in 12VAC5-481-2572; and

e. Radionuclide identities and activities contained in the waste, the masses of U-233, U-235, and plutonium in special nuclear material, and the masses of uranium and thorium in source material, if contained in the waste.

G. Certification. An authorized representative of the waste generator, waste processor, or waste collector must certify by signing and dating the shipment manifest that the transported materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation according to the applicable regulations of the DOT and the agency, NRC or another agreement state. A waste collector, in signing the certification, is certifying that nothing has been done to the collected waste that would invalidate the waste generator's certification.

H. Control and tracking; transfers. A licensee that transfers radioactive waste to a land disposal facility or a licensed waste collector must comply with subdivisions 1 through 9 of this subsection. A licensee that transfers waste to a licensed waste processor for waste treatment or repackaging must comply with subdivisions 4 through 9 of this subsection. A licensee shall:

1. Prepare all wastes so that the waste is classified according to 12VAC5-481-2571, and meets the waste characteristics requirements in 12VAC5-481-2572;

2. Label each disposal container of waste, or transport package if potential radiation hazards preclude labeling of the individual disposal container, to identify whether it is Class A waste, Class B waste, Class C waste, or greater than Class C waste, according to 12VAC5-481-2571;

3. Conduct a quality assurance program to ensure compliance with 12VAC5-481-2571 and 12VAC5-481-2572. The program must include management evaluation of audits;

4. Prepare the uniform low-level radioactive waste manifest as required by this part;

5. Forward a copy or electronically transfer the uniform low-level radioactive waste manifest to the intended consignee so that receipt of the manifest precedes the low-level radioactive waste shipment or the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee, or both;

6. Include NRC Form 540, and Form 540A if required, with the shipment regardless of the option chosen in subdivision 5 of this subsection;

7. Receive acknowledgment 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 acknowledgment of receipt as the record of transfer of licensed material as required by Part I (12VAC5-481-10 et seq.), Part III (12VAC5-481-380 et seq.), Part IV (12VAC5-481-600 et seq.) and Part X (12VAC5-481-2250 et seq.); and

9. For any shipment or any part of a shipment for which acknowledgment of receipt has not been received within the times set forth in this part, conduct an investigation according to subsection L of this section.

I. Control and tracking; prepackaged waste. A waste collector licensee that handles only prepackaged waste must:

1. Acknowledge receipt of the waste from the shipper within one week of receipt by returning a signed copy of NRC Form 540;

2. Prepare a new manifest to reflect consolidated shipments that meet the requirements of this section. The waste collector must ensure that, for each container of waste in the shipment, the manifest identifies the generator of that container of waste;

3. Forward a copy or electronically transfer the uniform low-level radioactive waste manifest to the intended consignee so that receipt of the manifest precedes the low-level radioactive waste shipment or the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee, or both;

4. Include NRC Form 540, and 540A if required, with the shipment regardless of the option chosen in subdivision 4 of this subsection;

5. Receive acknowledgment 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 acknowledgment of receipt as the record of transfer of licensed material as required under Part I (12VAC5-481-10 et seq.), Part III (12VAC5-481-380 et seq.), Part IV (12VAC5-481-600 et seq.) and Part X (12VAC5-481-2250 et seq.);

7. For any shipment or any part of a shipment for which acknowledgment of receipt has not been received within the times set forth in this section, conduct an investigation according to subsection L of this section; and

8. Notify the shipper and the agency 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 canceled.

J. Control and tracking; treatment or repackaging. A licensed waste processor that treats or repackages waste must:

1. Acknowledge receipt of the waste from the shipper within one week of receipt by returning a signed copy of NRC Form 540;

2. Prepare a new manifest that meets the requirements of this section. Preparation of the new manifest reflects that the waste processor is responsible for meeting these requirements. For each container of waste in the shipment, the manifest must identify the waste generators, the preprocessed waste volume, and the other information as required under subsection F of this section;

3. Prepare all wastes so that the waste is classified according to 12VAC5-481-2571, and meets the waste characteristics requirements in 12VAC5-481-2572;

4. Label each package of waste to identify whether it is Class A waste, Class B waste, or Class C waste, in accordance with 12VAC5-481-2571 and 12VAC5-481-2572;

5. Conduct a quality assurance program to ensure compliance with 12VAC5-481-2571 and 12VAC5-481-2572. The program must include management evaluation of audits;

6. Forward a copy or electronically transfer the uniform low-level radioactive waste manifest to the intended consignee so that receipt of the manifest precedes the low-level radioactive waste shipment or the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee, or both;

7. Include NRC Form 540, and Form 540A if required, with the shipment regardless of the option chosen in subdivision 6 of this subsection;

8. Receive acknowledgment of the receipt of the shipment in the form of a signed copy of NRC Form 540;

9. Retain a copy of or electronically store the uniform low-level radioactive waste manifest and documentation of acknowledgment of receipt as the record of transfer of licensed material as required by Part I (12VAC5-481-10 et seq.), Part III (12VAC5-481-380 et seq.), Part IV (12VAC5-481-600 et seq.) and Part X (12VAC5-481-2250 et seq.);

10. For any shipment or any part of a shipment for which acknowledgment of receipt has not been received within the times set forth in this part, conduct an investigation according to subsection L; and

11. Notify the shipper and the agency 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 canceled.

K. Control and tracking; land disposal facility. A land disposal facility operator shall:

1. Acknowledge receipt of the waste within one week of receipt by returning, as a minimum, a signed copy of NRC Form 540 to the shipper. The shipper to be notified is the licensee that last possessed the waste and transferred the waste to the operator. If any discrepancy exists between materials listed on the uniform low-level radioactive waste manifest and 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 the information required by 12VAC5-481-2630, until the agency terminates the license; and

3. Notify the shipper and the agency 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 canceled.

L. Investigation. A shipment or part of a shipment for which acknowledgment is not received within the times set forth in this part must:

1. Be investigated by the shipper if the shipper has not received notification or receipt within 20 days after transfer; and

2. Be traced and reported. The investigation must include tracing the shipment and filing a report with the agency. A licensee that conducts a trace investigation must file a written report with the agency within two weeks of completing the investigation.

Historical Notes

Derived from Volume 24, Issue 18, eff. June 12, 2008; amended, Virginia Register Volume 25, Issue 02, eff. November 1, 2008.

Statutory Authority

§ 32.1-229 of the Code of Virginia.