Section 0400-20-10-.32 - LICENSING OF SHIPPERS OF RADIOACTIVE MATERIAL INTO OR WITHIN TENNESSEE(1) This rule applies to any shipper who transports or offers for transport into or within Tennessee on public waterways, roadways, railways or other transportation facilities upon which United States Department of Transportation (USDOT) regulations are applicable, any radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities for packaging, repackaging, processing, refurbishing, storage pending disposal or disposal.(2) All persons subject to the provisions of this rule shall comply with all applicable provisions of the USDOT Regulations (49 CFR) of October 1, 1990, as amended, the U.S. Nuclear Regulatory Commission (NRC) Regulations (10 CFR) of November 30, 1988, as amended, and any disposal/processing facility radioactive material license requirements with special emphasis regarding the packaging, transportation, disposal, storage pending disposal or delivery of radioactive material.(3) Definitions used in this rule.(a) "Carrier" means any person who transports radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities.(b) "Disposal" means isolation of radioactive waste from the biosphere.(c) "Disposal/Processing Facility" means any facility located within Tennessee that accepts radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities for packaging, repackaging, processing, refurbishing, storage pending disposal or disposal.(f) "License for delivery" means an authorization issued by the Division to any shipper of radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities to transport such radioactive material or offer such material for transport to a disposal/processing facility.(g) "Shipper" means any person, whether a resident of Tennessee or a non-resident: 1. Who transfers radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities to a carrier for transport;2. Who transports his own radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities;3. Who transports radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities he has packaged, repackaged, processed or stored pending disposal for another person; or4. Who transfers radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities to another person if such materials are transported into or within the state.(h) "Transport" means the movement of radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities into or within the State of Tennessee on waterways, roadways, railways or other transportation facilities upon which USDOT regulations are applicable.(4) Licensing for Delivery. (a) Before any shipper transports or causes to be transported radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities to a disposal/processing facility within the State for subsequent processing, he shall obtain a license for delivery of such materials from the Division. An application for a license for delivery shall be submitted on Division Form RHS-30, together with any necessary fee, to the Division at the address in Rule 0400-20-04-.07. The check for payment of the fee is to be made payable to "Treasurer: State of Tennessee."(b) Except as provided in part 6 of this subparagraph, before a license for delivery shall be issued, the shipper must deposit and maintain with the Division an acceptable form of financial assurance in the amount of $500,000; or, provide to the Division satisfactory evidence of liability insurance.1. For purposes of this paragraph, liability insurance shall mean coverage of $500,000 per occurrence and $1,000,000 aggregate, or as otherwise provided by State law.2. Any insurance carried pursuant to Section 2210 of Title 42 of the United States Code and U.S. NRC Regulations ( 10 CFR Part 140) of November 30, 1988, as amended shall be sufficient to meet the requirements of this subparagraph.3. Liability insurance shall be specific to the packaging, transportation, disposal, storage and delivery of radioactive waste.4. Shippers maintaining liability insurance for the purpose of this paragraph may provide to the Division a certificate of insurance from their insurer indicating the policy number, limits of liability, policy date and specific coverage for packaging, transportation, disposal, storage pending disposal and delivery of radioactive materials.5. A cash or corporate surety bond previously posted will be returned to the shipper upon notification to the Division in writing of his intention to cease shipments of radioactive waste into or within the State. Such bond will be returned after the last such shipment is accepted safely at its destination.6. The requirements of this subparagraph shall not apply to any contractor or subcontractor to the United States Department of Energy that has contract terms consistent with the Price-Anderson Act, 42 U.S.C. § 2210.(c) Each license for delivery application shall include a certification to the Division that the shipper will comply fully with all applicable State and Federal laws, administrative rules and regulations, licenses, or license conditions of the disposal/processing facility regarding the packaging, transportation, storage pending disposal, disposal and delivery of radioactive materials.(d) Each license for delivery application shall include a certification that the shipper will hold the State of Tennessee harmless for all claims, actions or proceedings in law or equity arising out of radiological injury or damage to persons or property occurring during the transportation of its radioactive waste into or within the State including all costs of defending the same; provided, however, that nothing contained herein shall be construed as a waiver of the State's sovereign immunity; and, further provided that agencies of the State of Tennessee shall not be subject to the requirements of subparagraph (b) of this paragraph.(5) Disposal/processing facility operator. (a) Owners and operators of disposal/processing facilities shall permanently record, and report to the Division within 24 hours after discovery, all conditions in violation of the requirement of this rule discovered as a result of inspections required by any license under which the facility is operated. In addition, owners and operators of disposal/processing facilities shall record all violations of these regulations and license conditions and maintain the record for inspection by the Division.(b) Prior to the receipt of radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive materiel or from licensable activities at a disposal/processing facility in Tennessee, the owners and operators of such facility shall notify each shipper of any special requirements, if any, in effect regarding the packaging, transportation, storage pending disposal, disposal or delivery of such wastes at that facility.(c) No owner or operator of a disposal/processing facility located within this State shall accept radioactive waste and/or items contaminated or potentially contaminated with licensable quantities of radioactive material or from licensable activities for packaging , repackaging, processing, refurbishing, storage pending disposal or disposal unless the shipper of such waste has a valid license for delivery issued pursuant to this rule.(d) The owner or operator of a disposal/processing facility shall, along with the remittance of the fee collected pursuant to subparagraph (8)(d) of Rule 0400-20-10-.31, submit a listing containing the name and address of each shipper and the volume and poundage from each shipper for the calendar month.(e) Any contractor or subcontractor to the United States Department of Energy is not required to meet the requirements of subparagraph (d) of this paragraph as long as it has a contract provision based on the DOE regulations implementing the Price-Anderson Act, 42 U.S.C. § 2210.(6) Penalties. All shippers shall be subject to fees and Civil Penalties as authorized and specified in T.C.A. § 68-202-212 and other pertinent rules of the Division.
Tenn. Comp. R. & Regs. 0400-20-10-.32
Original rule filed February 22, 2012; effective May 22, 2012. Amendment filed March 17, 2014; effective 6/15/2014.Authority: T.C.A. §§ 68-202-101 et seq., 68-202-201 et seq., and 4-5-201 et seq.