6 Colo. Code Regs. § 1007-1-17.11
Current through Register Vol. 47, No. 11, June 10, 2024
Section 6 CCR 1007-1-17.11 - Advance Notification of Shipment of Nuclear Waste17.11.1 As specified in 17.11.3, 17.11.4, and 17.11.5, each licensee shall provide advance notification to the governor of a state, or the governor's designee, of the shipment of licensed material (nuclear waste), 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.17.11.2 As specified in 17.11.3, 17.11.4, and 17.11.5 of this section, after June 11, 2013, each licensee shall provide advance notification to the Tribal official of participating Tribes referenced in 17.11.4.3(3), 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.17.11.3 Advance notification is also required under this section for the shipment of licensed material, other than irradiated fuel, meeting the following three conditions: 17.11.3.1 The licensed material is required by this part to be in Type B packaging for transportation;17.11.3.2 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; and17.11.3.3 The quantity of licensed material in a single package exceeds the least of the following: (1) 3000 times the A1 value of the radionuclides as specified in Appendix 17A, Table A1 for special form radioactive material; or(2) 3000 times the A2 value of the radionuclides as specified in Appendix 17A, Table A1 for normal form radioactive material; or(3) 1000 TBq (27,000 Ci).17.11.4 Procedures for submitting advance notification17.11.4.1 The notification must be made in writing to:(1) The office of each appropriate governor or governor's designee;(2) The office of each appropriate Tribal official or Tribal official's designee;(4) The NRC's Director, Office of Nuclear Security and Incident Response.17.11.4.2 A notification delivered by mail must be postmarked at least 7 days before the beginning of the 7 day period during which departure of the shipment is estimated to occur.17.11.4.3 A notification delivered by any other means than mail must reach the office of the governor or of the governor's designee or the Tribal official, or Tribal official's designee at least 4 days before the beginning of the 7-day period during which departure of the shipment is estimated to occur.(2) 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 Web site at: https://scp.nrc.gov/special/designee.pdf.(3) A list of the names and mailing addresses of the governor's designees and Tribal official's designees of participating Tribes is available on request from the Director, Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.17.11.4.4 The licensee shall retain a copy of the notification as a record for 3 years.17.11.5 Information to be furnished in advance notification of shipment. 17.11.5.1 Each advance notification of nuclear waste shall contain the following information: (1) The name, address, and telephone number of the shipper, carrier, and receiver of the nuclear waste shipment;(2) A description of the nuclear waste contained in the shipment, as required by 49 CFR Part 172.202 and 172.203(d);(3) The point of origin of the shipment and the 7-day period during which departure of the shipment is estimated to occur;(4) The 7-day period during which arrival of the shipment at state boundaries or Tribal reservation boundaries is estimated to occur;(5) The destination of the shipment, and the 7-day period during which arrival of the shipment is estimated to occur; and(6) A point of contact with a telephone number for current shipment information.17.11.6 Revision notice 17.11.6.1 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:(1) Telephone a responsible individual in the office of the governor of the state or of the governor's designee or the Tribal official or Tribal official's designee an inform that individual of the extent of the delay beyond the schedule originally reported; and(2) Maintain a record of the name of the individual contacted for 3 years.17.11.7 Cancellation notice 17.11.7.1 Each licensee who cancels a nuclear waste shipment, for which advance notification has been sent, shall: (1) Send a cancellation notice to the governor of each state, or governor's designee previously notified, each Tribal official or Tribal official's designee previously notified, the NRC's Director, Office of Nuclear Security and Incident Response, and to the Department;(2) State in the notice that it is a cancellation and identify the advance notification that is being cancelled; and(3) Retain a copy of the notice for 3 years.Colorado Register, Vol 37, No. 14. July 25, 2014, effective 8/14/201438 CR 02, January 25, 2015, effective 2/14/201538 CR 05, March 10, 2015, effective 3/30/201538 CR 12, June 25, 2015, effective 7/15/201538 CR 14, July 25, 2015, effective 8/14/201539 CR 02, January 25, 2016, effective 2/14/201639 CR 16, August 25, 2016, effective 9/14/201639 CR 22, November 25, 2016, effective 12/15/201640 CR 11, June 10, 2017, effective 6/30/201740 CR 20, October 25, 2017, effective 11/14/201742 CR 24, December 25, 2019, effective 1/14/202043 CR 14, July 25, 2020, effective 8/14/202043 CR 18, September 25, 2020, effective 10/15/202044 CR 11, June 10, 2021, effective 7/15/202144 CR 14, July 25, 2021, effective 8/14/202145 CR 22, November 25, 2022, effective 12/15/2022