Neb. Admin. Code HEALTH AND HUMAN SERVICES SYSTEM, tit. 180, ch. 4, app 4-D
SECTION 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 disposal facility must prepare a Manifest reflecting information requested on the following forms, U.S. Nuclear Regulatory Commission (U.S. NRC) U.S. NRC 540, (Uniform Low-Level Radioactive Waste Manifest (Shipping Paper) and U.S. Form NRC 541 (Uniform Low-Level Radioactive Waste Manifest (Container and Waste Description) and if necessary, on Agency Form NRC 542 (Uniform Low-Level Radioactive Waste Manifest (Manifest Index and Regional Compact Tabulation). U.S. NRC 540 and U.S. NRC 540A must be completed and must physically accompany the pertinent low-level radioactive waste shipment. Upon agreement between shipper and consignee, U.S. Forms U.S. NRC 541 and U.S. NRC 541A and U.S. NRC 542 and U.S. NRC 542A may be completed, transmitted, and stored in electronic media with the capability for producing legible, accurate, and complete records on the respective forms. Licensees are not required by the Agency to comply with the manifesting requirements of this section when they ship:
(a) Low-Level Waste for processing and expect its return (that is, for storage under their license) prior to disposal at a licensed land disposal facility;
(b) Low-Level Waste that is being returned to the licensee who is the "waste generator" or "generator," as defined in this section; or
(c) Radioactively contaminated material to a "waste processor" that becomes the processor's "residual waste".
For guidance in completing these forms, refer to the instructions that accompany the forms. Copies of manifests required by this appendix may be legible carbon copies, photocopies, or computer printouts that reproduce the data in the format of the uniform manifest.
Forms U.S. NRC 540, U.S. NRC 541, U.S. NRC 541A and U.S. NRC 542 and U.S. NRC 542A and the accompanying instructions, in hard copy, may be obtained from:
Department of Health and Human Services
Division of Public Health, Radiological Health
301 Centennial Mall South
P.O. Box 95026
Lincoln, Nebraska 68509-5026
This appendix includes information requirements of the Department of Transportation, as codified in 49 CFR part 172. Information on hazardous, medical, or other waste, required to meet Environmental Protection Agency regulations, as codified in 40 CFR parts 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.
As used in this appendix, the following definitions apply:
CHELATING AGENT. Chelating agent has the same meaning as that given in 180 NAC 1-002.
CHEMICAL DESCRIPTION. Chemical description is a description of the principal chemical characteristics of a low-level radioactive waste.
COMPUTER-READABLE MEDIUM. The Department's computer can transfer the information from the medium into its memory is computer-readable medium.
CONSIGNEE. Consignee is the designated receiver of the shipment of low-level radioactive waste.
DECONTAMINATION FACILITY. A decontamination facility is a facility operating under an Agency, U.S. Nuclear Regulatory Commission or Agreement State or license whose principal purpose is decontamination of equipment or materials to accomplish recycle, reuse, or other waste management objectives, and, for purposes of this section, is not considered to be a consignee for low-level waste shipments.
DISPOSAL CONTAINER. A disposal container is a container principally used to confine low-level radioactive waste during disposal operations at a land disposal facility. See "high integrity container". For some shipments the disposal container may be the transport package.
EPA IDENTIFICATION NUMBER. An EPA identification number is the number received by a transporter following application to the Administrator of the Environmental Protection Agency (EPA) as required by 40 CFR part 263.
GENERATOR. A generator is a licensee operating under a Department, U.S. Nuclear Regulatory 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, waste generated as a result of decontamination or recycle activities.
HIGH INTEGRITY CONTAINER (HIC). A high integrity container (HIC) is a container commonly designed to meet the structural stability requirements of Appendix 4-E, section II 180 NAC 4, and to meet Department of Transportation requirements for a Type A package.
U.S. NRC FORMS 540, 540A, 541, 541A, 542, AND 542A. U. S. Nuclear Regulatory Commission (NRC) forms 540, 540A, 541, 542 and 542A are forms referenced in this appendix. Licensees need not use originals of these U.S. Nuclear Regulatory Commission (NRC) forms as long as any substitute forms are equivalent to the original document in respect to content, clarity, size, and location of information. Upon agreement between the shipper and consignee, U.S. Nuclear Regulatory Commission (NRC) forms 541, 541A, 542 and 542A may be completed, transmitted, and stored in electronic media. The electronic media must have the capability for producing legible, accurate, and complete records in the format of the uniform manifest.
PACKAGE. A package is an assembly of components necessary to ensure compliance with the packaging requirements of Department of Transportation (DOT) regulations, together with its radioactive contents, as presented for transport.
PHYSICAL DESCRIPTION. A physical description is the items called for on Form U.S. Nuclear Regulatory Commission (NRC) 541 to describe a low-level radioactive waste.
RESIDUAL WASTE. Residual waste is low-level radioactive waste resulting from processing or decontamination activities that cannot be easily separated into distinct batches attributable to specific waste generators. This waste is attributable to the processor or decontamination facility, as applicable.
SHIPPER. A shipper is a licensed entity, the waste generator, waste collector, or waste processor, who offers low-level radioactive waste for transportation, typically consigning this type of waste to a licensed waste collector, waste processor, or land disposal facility operator.
SHIPPING PAPER. U.S. Nuclear Regulatory Commission (NRC) 540 and, if required form U.S. Nuclear Regulatory Commission (NRC) 540A, which includes the information required by DOT in 49 CFR part 172.
SOURCE MATERIAL. Source material has the same meaning as that given in180 NAC 1-002.
SPECIAL NUCLEAR MATERIAL. Special nuclear material has the same meaning as that given in 180 NAC 1-002.
UNIFORM LOW-LEVEL RADIOACTIVE WASTE MANIFEST OR UNIFORM MANIFEST. Uniform low-level radioactive waste manifest or uniform manifest means the combination of U.S. Nuclear Regulatory Commission (NRC) Forms 540, 541, and if necessary, 542, and their respective continuation sheets as needed, or equivalent.
WASTE COLLECTOR. A waste collector is an entity, operating under a Department, U.S. Nuclear Regulatory 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 disposal facility.
WASTE DESCRIPTION. A waste description is the physical, chemical and radiological description of a low-level radioactive waste as called for on Form U.S. Nuclear Regulatory Commission (NRC) 541.
WASTE GENERATOR. A waste generator is an entity, operating under a Department, U.S. Nuclear Regulatory Commission or Agreement State license, who (1) possesses any material or 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 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. A waste processor is an entity, operating under a Department, U.S. Nuclear Regulatory 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 disposal facility.
WASTE TYPE. Waste type is a waste within a disposal container having a unique physical description that is, a specific waste descriptor code or description; or a waste absorbed on or solidified in a specifically defined media.
INFORMATION REQUIREMENTS
A. General Information
The shipper of the low-level 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 indicting whether the shipper is acting as a waste generator, collector, 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 Environmental Protection Agency (EPA) identification number for the carrier transporting the waste.
B. 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/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 the form of special nuclear material, and the total mass of uranium and thorium in the form of source material.
C. 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 the form of special nuclear material, and the masses of uranium and thorium in the form of source material. For discrete waste types, activated materials, contaminated equipment, mechanical filters, sealed source/devices, and wastes in solidification or stabilization media, the identities and activities of individual radionuclides associated with a disposal container must be reported;
11. The total radioactivity within each container; and
12. For wastes consigned to a disposal facility, the classification of the waste pursuant to Appendix 4-E, Section I. Waste not meeting the structural stability requirements of Appendix 4-E, Section II(b) must be identified.
D. 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 pursuant to Appendix 4-E, Section I of 180 NAC 4. Waste not meeting the structural stability requirements of Appendix 4-E, Section II(b) of 180 NAC 4 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 the form of special nuclear material, and the masses of uranium and thorium in the form of source material; and
6. For wastes consigned to a disposal facility, the maximum radiation 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. Licensees note that the origin of the low-level waste resulting from a processor's activities may be attributable to one or more "generators", including "waste generators", as defined in this section.
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, 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, 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% 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 Appendix 4-E, Section II(b) of 180 NAC 4; and
(e) Radionuclide identities and activities contained in the waste, the masses of U-233, U-235, and plutonium in the form of special nuclear material, and the masses of uranium and thorium in the form of source material if contained in the waste.
SECTION II - CERTIFICATION
An authorized representative of the waste generator, processor, or 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 Department of Transportation and the Department. 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.
SECTION III - CONTROL AND TRACKING
A. Any licensee who transfers radioactive waste to a land disposal facility or a licensed waste collector must comply with the requirements in A.1 through 9 of this section. Any licensee who transfers waste to a licensed waste processor for waste treatment or repackaging of A.4 through 9 of this section. A licensee must:
1. Prepare all wastes so that the waste is classified according to Appendix 4-E, Section I of 180 NAC 4 and meets waste characteristics requirements in Appendix 4-E, Section II of 180 NAC 4.
2. Label each disposal container, or transport package if potential 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 than Class C waste, as required by Appendix 4-E, Section I of 180 NAC 4.
3. Conduct a quality assurance program to assure compliance with Appendix 4-E, Section I and Section II of 180 NAC 4. The program must include management evaluation of audits;
4. Prepare the Department Uniform Low-Level Radioactive Waste Manifest as required by this appendix;
5. Forward a copy or electronically transfer the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so that either (i) receipt of the manifest precedes the low-level waste 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;
6. Include forms U.S. Nuclear Regulatory Commission (NRC) 540 and U.S. Nuclear Regulatory Commission (NRC) 540A, if required, with the shipment regardless of the option in Paragraph A.5 of this section;
7. Retain a copy of the manifest and documentation of acknowledgment of receipt as the record of transfer of licensed material as required by 180 NAC 3. This includes those manifests and documents required under the standards for protection against radiation in effect prior to May 30, 1994; and
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 Appendix 4-D of 180 NAC 4.
9. For any shipments or any part of a shipment for which acknowledgment of receipt has not been received within the times specified in this appendix, conduct an investigation in accordance with Paragraph E of this appendix.
B. Any waste collector licensee who 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 form U.S. Nuclear Regulatory Commission (NRC) 540.
2. Prepare a new manifest to reflect consolidated shipments that meet the requirements of this appendix. 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 either: (i) Receipt of the manifest precedes the low-level waste 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 forms U.S. Nuclear Regulatory Commission (NRC) 540 and U.S. Nuclear Regulatory Commission (NRC) 540A, if required, with the shipment regardless of the option chosen in Paragraph B.3 of this section;
5. Retain a copy of the manifest and documentation of acknowledgment of receipt as the record of transfer of licensed material as required by 180 NAC 3, and retain information from generator manifest until the license is terminated. This includes those manifests and documents of acknowledgment of receipt required under the standards for protection against radiation in effect prior to May 30, 1994;
6. Retain a copy of or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgment of receipt;
7. For any shipments or any part of a shipment for which acknowledgment of receipt has not been received within the times specified in this appendix, conduct an investigation in accordance with Paragraph E of this appendix; and
8. Notify the shipper and the Department 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.
C. Any licensed waste processor who 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 Form U.S. Nuclear Regulatory Commission (NRC) 540;
2. Prepare a new manifest that meets the requirements of this appendix. Preparation of the new manifest reflects that the 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 other information as required in Section I.E. of this appendix;
3. Prepare all wastes so that the waste is classified according to Appendix 4-D, Section I., paragraph E of 180 NAC 4 and meets the waste characteristics requirements in Appendix 4-E, Section II of 180 NAC 4;
4. Label each package of waste to identify whether it is Class A waste, Class B waste, or Class C waste, in accordance with Appendix 4-E, Section I and Section III of 180 NAC 4;
5. Conduct a quality assurance program to assure compliance with Appendix 4-E, Sections I and II, the program must include management evaluation of audits of 180 NAC 4;
6. Forward a copy or electronically transfer the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so that either: (i) receipt of the manifest precedes the low-level waste 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;
7. Include forms U.S. Nuclear Regulatory Commission (NRC) 540 and U.S. Nuclear Regulatory Commission (NRC) 540A, if required, with the shipment regardless of the option chosen in Paragraph C.6 of this section;
8. Retain copies of the original manifests and new manifests and documentation of acknowledgment of receipt as the record of transfer of licensed material as required by 180 NAC 3. This includes those manifests and documents of acknowledgment of receipt required under the standards for protection against radiation in effect prior to May 30, 1994; and
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 180 NAC 3;
10. For any shipment or any part of a shipment for which acknowledgment of receipt has not been received within the times specified in this appendix, conduct an investigation in accordance with Paragraph E of this appendix; and
11. Notify the shipper and the Department when any shipment, or any 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.
D. The land disposal facility operator must:
1. Acknowledge receipt of the waste within one week of receipt by returning, as a minimum, a signed copy of Form U.S. NRC 540 to the shipper. The shipper to be notified is the licensee who 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 that discrepancy.
2. Maintain copies of all completed manifests or equivalent documentation until the license is terminated. This includes those manifests or equivalent documents required under the standards for protection against radiation in effect prior to May 30, 1994.
3. Notify the shipper and the Department 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.
E. Any shipments or part of a shipment for which acknowledgment is not received within the times specified in this section 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 Department. Each licensee who conducts a trace investigation must file a written report with the Department within two weeks of completion of the investigation.
Neb. Admin. Code HEALTH AND HUMAN SERVICES SYSTEM, tit. 180, ch. 4, app 4-D