S.C. Code Regs. § § 61-63.III.RHA 3.55

Current through Register Vol. 48, No. 9, September 27, 2024

Section 61-63.III.RHA 3.55 - [Appendix D] Requirements for Low-Level-Waste Transfer for Disposal at Land Disposal Facilities and Manifests

3.55.1 Manifest

3.55.1.1 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 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 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. Upon agreement between shipper and consignee, NRC Forms 541 and 541A and 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. 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. NRC Forms 540, 540A, 541, 541A, 542, and 542A, and the accompanying instructions, in hard copy, may be obtained from the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-5877. This appendix includes information requirements of the Department of Transportation. Information on hazardous, medical, or other waste, required to meet Environmental Protection Agency (EPA) regulations, 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 part. Licensees are not required by the Department to comply with the manifesting requirements of this part when they ship:

3.55.1.1.1 LLW for processing and expect its return (i.e. for storage under their license) prior to disposal at a licensed land disposal facility;

3.55.1.1.2 LLW that is being returned to the licensee who is the "waste generator" or "generator," as defined in this part; or

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

3.55.1.2 General Information. The shipper of the radioactive waste, shall provide the following information on the uniform manifest:

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

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

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

3.55.1.3 Shipment Information. The shipper of the radioactive waste shall provide the following information regarding the waste shipment on the uniform manifest:

3.55.1.3.1 The date of the waste shipment;

3.55.1.3.2 The total number of packages/disposal containers;

3.55.1.3.3 The disposal volume and disposal weight in the shipment;

3.55.1.3.4 The total radionuclide activity in the shipment;

3.55.1.3.5 The activity of each of the radionuclides H-3, C-14, Tc-99, and I-129 contained in the shipment; and

3.55.1.3.6 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.

3.55.1.4 Disposal Container and Waste Information. The shipper of the radioactive waste shall provide the following information on the uniform manifest regarding the waste and each disposal container of waste in the shipment:

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

3.55.1.4.2 A physical description of the disposal container, including the manufacturer and model of any high integrity container;

3.55.1.4.3 The volume displaced by the disposal container;

3.55.1.4.4 The gross weight of the disposal container, including the waste;

3.55.1.4.5 For waste consigned to a disposal facility, the maximum radiation level at the surface of each disposal container;

3.55.1.4.6 A physical and chemical description of the waste;

3.55.1.4.7 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;

3.55.1.4.8 The approximate volume of waste within a container;

3.55.1.4.9 The use of solidification media, if any, and the identity of the solidification media vendor and brand name;

3.55.1.4.10 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 (i.e. activated materials, contaminated equipment, mechanical filters, sealed source/devices, and waste in solidification/stabilization media), the identities and activities of individual radionuclides associated with or contained on these waste types within a disposal container shall be reported;

3.55.1.4.11 The total radioactivity within each container; and

3.55.1.4.12 For wastes consigned to a disposal facility, the classification of the waste pursuant to Appendix E, RHA 3.56.1. Waste not meeting the structural stability requirements of Appendix E, RHA 3.56.2 must be identified.

3.55.1.5 Uncontainerized Waste Information. The shipper of the radioactive waste shall provide the following information on the uniform manifest regarding a waste shipment delivered without a disposal container:

3.55.1.5.1 The approximate volume and weight of the waste;

3.55.1.5.2 A physical and chemical description of the waste;

3.55.1.5.3 The total weight percentage of chelating agent if the chelating agent exceeds 0.1% by weight, plus the identity of the principal chelating agent;

3.55.1.5.4 For waste consigned to a disposal facility, the classification of the waste pursuant to Appendix E, RHA 3.56.1. Waste not meeting the structural stability requirements of Appendix E, RHA 3.56.2 must be identified;

3.55.1.5.5 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

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

3.55.1.6 Multi-Generator Disposal Container. This section applies to disposal containers enclosing mixtures of waste originating from different generators (The origin of the LLW resulting from a processor's activities may be attributable to one or more "generators" [including "waste generators"] as defined in this part). 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.

3.55.1.6.1 For homogenous 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.

3.55.1.6.2 For heterogenous 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 (i.e. activated materials, contaminated equipment, mechanical filters, sealed sources/devices, and wastes in solidification/stabilization media), the identities and activities of individual radionuclides contained on these waste types within the disposal container. For each generator, provide the following:

3.55.1.6.2.1 The volume of waste within the disposal container;

3.55.1.6.2.2 A physical and chemical description of the waste, including the solidification agent, if any;

3.55.1.6.2.3 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;

3.55.1.6.2.4 The 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 E, RHA 3.56.2; and

3.55.1.6.2.5 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.

3.55.2 Certification

An authorized representative of the waste generator, processor, or collector shall 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.

3.55.3 Control and Tracking

3.55.3.1 Any radioactive waste generator who transfers radioactive waste to a land disposal facility or a licensed waste collector shall comply with the requirements in RHA 3.55.3.1.1 through 3.55.3.1.9. Any radioactive waste generator who transfers waste to a licensed waste processor who treats or repackages waste shall comply with the requirements of RHA 3.55.3.1.4 thru 3.55.3.1.9. A licensee shall:

3.55.3.1.1 Prepare all wastes so that the waste is classified according to Appendix E, RHA 3.56.1 and meets the waste characteristics requirements in Appendix E, RHA 3.56.1;

3.55.3.1.2 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, in accordance with Appendix E, RHA 3.56.1.

3.55.3.1.3 Conduct a quality control program to ensure compliance with Appendix E, RHA 3.56.1 and 3.56.2., the program must include management evaluation of audits;

3.55.3.1.4 Prepare the NRC Uniform Low-Level Radioactive Waste Manifest as required by Appendix D, RHA 3.55.1 and 3.55.2;

3.55.3.1.5 Forward a copy or electronically transfer the Uniform Low-level Radioactive Waste Manifest to the intended consignee so that (1) either receipt of the manifest precedes the LLW shipment or (2) the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee. Using both (1) and (2) is also acceptable;

3.55.3.1.6 Include NRC Form 540 (and NRC Form 540A, if required) with the shipment regardless of the option chosen in RHA 3.55.3.1.5;

3.55.3.1.7 Receive acknowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540;

3.55.3.1.8 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 RHA 2.18 of these regulations; and

3.55.3.1.9 For any shipments 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 in accordance with RHA 3.55.3.5.

3.55.3.2 Any waste collector licensee who handles only prepackaged waste shall:

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

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

3.55.3.2.3 Forward a copy or electronically transfer the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so that either:

(1) Receipt of the manifest precedes the LLW shipment or

(2) the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee. Using both (1) and (2) is also acceptable;

3.55.3.2.4 Include NRC Form 540 (and NRC Form 540A, if required) with the shipment regardless of the option chosen in RHA 3.55.3.2.3;

3.55.3.2.5 Receive acknowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540;

3.55.3.2.6 Retain a copy of or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by RHA 2.18;

3.55.3.2.7 For any shipments or any part of a shipment for which acknowledgment of receipt is not received within the times set forth in this appendix, conduct an investigation in accordance with RHA 3.55.3.5; and

3.55.3.2.8 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.

3.55.3.3 Any licensed waste processor who treats or repackages wastes shall:

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

3.55.3.3.2 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 shall identify the waste generators, the preprocessed waste volume, and the other information as required RHA 3.55.1.5;

3.55.3.3.3 Prepare all wastes so that the waste is classified according to Appendix E, RHA 3.56.1 and meets the waste characteristics requirements in Appendix E, RHA 3.56.2;

3.55.3.3.4 Label each package of waste to identify whether it is Class A waste, Class B waste, or Class C waste, in accordance with Appendix E, RHA 3.56.1 and RHA 3.56.3;

3.55.3.3.5 Conduct a quality assurance program to assure compliance with Appendix E, RHA 3.56.1 and RHA 3.56.2. The program shall include management evaluation of audits;

3.55.3.3.6 Forward a copy or electronically transfer the Uniform Low-Level Radioactive Waste Manifest to the intended consignee so that either: (1) Receipt of the manifest precedes the LLW shipment or (2) the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee. Using both (1) and (2) is also acceptable; or equivalent documentation by the collector;

3.55.3.3.7 Include NRC Form 540 (and NRC Form 540A, if required) with the shipment regardless of the option chosen in RHA 3.55.3.3.6;

3.55.3.3.8 Receive acknowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540;

3.55.3.3.9 Retain a copy of or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by RHA 2.18; and

3.55.3.3.10 For any shipment or part of a shipment for which acknowledgment of receipt has not been received within the times set forth in this appendix, conduct an investigation in accordance with RHA 3.55.3.5.

3.55.3.3.11 Notify the shipper and the Department when any shipment, or part of a shipment, has not arrived within 60 days after receipt of an advanced manifest, unless notified by the shipper that the shipment has been canceled.

3.55.3.4 The land disposal facility operator shall:

3.55.3.4.1 Acknowledge receipt of the waste within 1 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 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 the discrepancy;

3.55.3.4.2 Maintain copies of all completed manifests and electronically store the information required by RHA 7.32 on a storage medium approved by the Department until the Department authorizes their disposition; and

3.55.3.4.3 Notify the shipper (i.e., the generator, the collector, or processor) 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.

3.55.3.5 Any shipment or part of a shipment for which acknowledgment is not received within the times set forth in this section must:

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

3.55.3.5.2 Be traced and reported. The investigation shall include tracing the shipment and filing a report with the Department. Each licensee who conducts a trace investigation shall file a written report with the Department within 2 weeks of completion of the investigation.

S.C. Code Regs. § 61-63.III.RHA 3.55

Amended by State Register Volume 42, Issue No. 02, eff. 2/23/2018.