W. Va. Code R. § 64-23-14

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-23-14 - Transportation of Radioactive Material

14.1. Purpose and Scope. The rules in this Section establish requirements for packaging, preparation for shipment, and transportation of radioactive material and apply to any person who transports radioactive material or delivers radioactive material to a carrier for transport.

14.2. Definitions. As used in this Section, the following definitions apply:

14.2.a. Carrier - a person engaged in the transportation of passengers or property by land or water as a common, contract, or private carrier, or by civil aircraft.

14.2.b. Closed Transport Vehicle - a transport vehicle equipped with a securely attached exterior enclosure that during normal transportation restricts the access of unauthorized persons to the cargo space containing the radioactive material. The enclosure may be either temporary or permanent but shall limit access from top, sides, and ends. In the case of packaged materials, it may be of the "see-through" type.

14.2.c. Exclusive use - the sole use of a conveyance by a single consignor and for which all initial, intermediate, and final loading and unloading are carried out in accordance with the direction of the consignor or consignee.¹²

14.2.d. Fissile material - any special nuclear material consisting of or containing one or more fissile radionuclides. Fissile radionuclides are Plutonium-238, Plutonium-239, Plutonium-241, Uranium-233, and Uranium-235. Neither natural nor depleted uranium is fissile material.¹³

14.2.d.1. Fissile Class I: A package which may be transported in unlimited numbers and in any arrangement, and which requires no nuclear criticality safety controls during transportation. A transport index is not assigned for purposes of nuclear criticality safety but may be required because of external radiation levels.

14.2.d.2. Fissile Class II: A package which may be transported together with other packages in any arrangement but, for criticality control, in numbers which do not exceed an aggregate transport index of fifty (50). These shipments require no other nuclear criticality safety control during transportation. Individual packages may have a transport index not less than one-tenth (0.1) and not more than ten (10).

14.2.e. Low specific activity material - any of the following:

14.2.e.1. Uranium or thorium ores and physical or chemical concentrates of those ores;

14.2.e.2. Unirradiated natural or depleted uranium or unirradiated natural thorium;

14.2.e.3. Tritium oxide in aqueous solutions provided the concentration does not exceed five (5.0) millicuries (one hundred eighty five [185] MBq) per milliliter;

14.2.e.4. Material in which the radioactivity is essentially uniformly distributed and in which the estimated average concentration per gram of contents does not exceed:

14.2.e.4.A. One ten-thousandth (0.0001) millicurie (three and seven-tenths [3.7] kBq) of radionuclides for which the A₂ quantity in Table 64-23 Ee is not more than five one-hundredths (0.05) curie (one and eighty five one-hundredths [1.85] GBq);

14.2.e.4.B. One five-thousandth (0.005) millicurie (one hundred eighty five [185] kBq) of radionuclides for which the A₂ quantity in Table 64-23 Ee is more than five one-hundredths (0.05) curie (one and eighty five one-thousandths [1.85] GBq) but not more than one (1) curie (thirty seven [37] GBq); or

14.2.e.4.C. Three-tenths (0.3) millicurie (eleven and one-tenth [11.1] MBq) of radionuclides for which the A₂ quantity in Table 64-23 Ee is more than one (1) curie (thirty seven [37] GBq).

14.2.f. Objects of nonradioactive material externally contaminated with radioactive material, provided that the radioactive material is not readily dispersible, and the surface contamination, when averaged over an area of one (1) square meter, does not exceed one ten-thousandths (0.0001) millicurie per square centimeter (three and seven-tenths [3.7] kBq/cm²) of radionuclides for which the A₂ quantity in Table 64-23 Ee not more than five one-hundredths (0.05) curie (one and eight five one-hundredths [1.85] GBq) or one one-thousandth (0.001) millicurie per square centimeter (thirty seven [37] kBq/cm²) for other radionuclides.

14.2.g. Normal Form Radioactive Material - radioactive material which has not been demonstrated to qualify as special form radioactive material.

14.2.h. Packaging - the assembly of components necessary to ensure compliance with the packaging requirements of this Section. It may consist of one or more receptacles, absorbent materials, spacing structures, thermal insulation, radiation shielding, and devices for cooling or absorbing mechanical shocks. The vehicle, tie-down system, and auxiliary equipment may be designated as part of the packaging.

14.2.i. Rules of the U.S. Department of Transportation - the rules in 49 CFR Parts 100-189.

14.2.j. Specific Activity - of a radionuclide is the radioactivity of a radionuclide per unit mass of that nuclide. The specific activity of a material in which the radionuclide is essentially uniformly distributed is the radioactivity per unit mass of the material.

14.2.k. Transport Index - the dimensionless number, rounded up to the first decimal place, placed on the label of a package to designate the degree of control to be exercised by the carrier during transportation. The transport index is the number expressing the maximum radiation level in millirem per hour at one (1) meter from the external surface of the package.

14.2.l. Type A Quantity - a quantity of radioactive material, the aggregate radioactivity of which does not exceed A₁ for special form radioactive material or A₂ for normal form radioactive material, where A₁ and A₂ are given in Table 64-23 Ee or may be determined by procedures described in Table 64-23 Ee.

14.2.m. Type B Package - a Type B packaging together with its radioactive contents.

14.2.n. Type B Packaging - a packaging designed to retain the integrity of containment and shielding when subjected to the normal conditions of transport and hypothetical accident test conditions set forth in 10 CFR Part 71.

14.2.o. Type B Quantity - a quantity of radioactive material greater than a Type A quantity.

14.3. Requirement for Registration. No person shall transport radioactive material or deliver radioactive material to a carrier for transport except as authorized in a general or specific registration issued by the agency or as exempted in Subsection 14.4.

14.4. Exemptions

14.4.a. Common and contract carriers, freight forwarders, and warehousemen which are subject to the requirements of the U.S. Department of Transportation (DOT) in 49 CFR 170 through 189 or the U.S. Postal Service in the Postal Service Manual (Domestic Mail Manual), Section 124.3 incorporated by reference, 39 CFR 111.11(1974), and the U.S. Postal Service are exempt from the requirements of this Section to the extent that they transport or store radioactive material in the regular course of their carriage for others or storage incident thereto. Common and contract carriers who are not subject to the requirements of the DOT or U.S. Postal Service are subject to Subsection 14.3. and other applicable requirements of this rule.

14.4.b. Any registrant is exempt from the requirements of this Section to the extent that the registrant delivers to a carrier for transport a package containing radioactive material having a specific activity not greater than two one-thousandths (0.002) microcurie per gram (seventy four [74] Bq/gm).

14.4.c. With the exception of Subsections 14.5. and 14.16., a registrant is exempt from all requirements of this Section, with respect to shipment or carriage of the following:

14.4.c.1. A package containing no more than a Type A quantity of radioactive material if the package contains no fissile material; or

14.4.c.2. Packages transported between locations within the United States which contain only americium or plutonium in special form with an aggregate radioactivity not to exceed twenty (20) curies (seven hundred forty [740] GBq).

14.5. Transportation of Registered Material

14.5.a. Each registrant who transports registered material outside of the confines of the registrant's plant or other place of use, or who delivers registered material to a carrier for transport, shall:

14.5.a.1. Comply with the applicable requirements, appropriate to the mode of transportation, of the regulations of DOT; and

14.5.a.2. Assure that any special instructions needed to safely open the package are sent to or have been made available to the consignee.

14.5.b. If, for any reason, the regulations of the DOT are not applicable to a shipment of registered material, the registrant shall conform to the standards and requirements of those regulations to the same extent as if the shipment was subject to the regulations.

14.6. General Registration for Carriers

14.6.a. A general registration is hereby issued to any common or contract carrier not exempt under Subsection 14.4. to receive, possess, transport, and store radioactive material in the regular course of their carriage for others or storage incident thereto, provided the transportation and storage is in accordance with the applicable requirements, appropriate to the mode of transport, of the DOT insofar as such requirements relate to the loading and storage of packages, placarding of the transporting vehicle, and incident reporting.¹⁴

14.6.b. A general registration is hereby issued to any private carrier to transport radioactive material, provided the transportation is in accordance with the applicable requirements, appropriate to the mode of transport, of the DOT insofar as such requirements relate to the loading and storage of packages, placarding of the transporting vehicle, and incident report.⁴

14.6.c. Persons who transport radioactive material pursuant to the general registration in Subdivision 14.6.a. or b. are exempt from the requirements of Sections 6. and 13. of this rule to the extent that they transport radioactive material.

14.7. General Registration: Approved Packages

14.7.a. A general registration is hereby issued to any registrant of the agency to transport, or to deliver to a carrier for transport, registered material in a package for which a registration, certificate of compliance, or other approval has been issued by the U.S. Nuclear Regulatory Commission.

14.7.b. This general registration applies only to a registrant who:

14.7.b.1. Has a copy of the specific registration, certificate of compliance, or other approval of the certificate of compliance, or other approval has been issued by the U.S. Nuclear Regulatory Commission.

14.7.b. This general registration applies only to a registrant who:

14.7.b.2. Complies with the terms and conditions of the rules, as applicable, and the applicable requirements of this Section;

14.7.b.3. Prior to the registrant's first use of the package, has registered with the NRC; and

14.7.b.4. Has a quality assurance program required by Subsection 14.20. and approved by

14.7.c. The general registration in Subdivision 14.7.a. applies only when the package approval authorizes use of the package under this general registration.

14.7.d. For previously approved Type B packages which are not designated as either B(U) or B(M) in the certificate of compliance, this general registration is subject to additional restrictions of Subsection 14.8.

14.8. General Registration: Previously Approved Type B Packages

14.8.a. A Type B package previously approved by the NRC, but not designated as B(U) or B(M) in the certificate of compliance, may be used under the general registration of Subsection 14.7. with the following additional limitations:

14.8.a.1. Fabrication of the packaging was satisfactorily completed before August 31, 1986, as demonstrated by application of its model number in accordance with NRC rules; and package issued by the U.S. Nuclear Regulatory Commission and has the drawings and other documents referenced in the approval relating to the use and maintenance of the packaging and to the actions to be taken prior to shipment;

14.8.a.2. The package may not be used for a shipment to a location outside the United States after August 31, 1986, except approved under special arrangement in accordance with 49 CFR 173.471.

14.9. General Registration: Specification Container

14.9.a. A general registration is issued to any registrant of the agency to transport, or to deliver to a carrier for transport, registered material in a specification container for a Type B quantity of radioactive material as specified in 49 CFR parts 173 and 178.

14.9.b. This general registration applies only to a registrant who has a quality assurance program required by Subsection 14.20. and approved by the agency.

14.9.c. This general registration applies only to a registrant who:

14.9.c.1. Has a copy of the specification; and

14.9.c.2. Complies with the terms and conditions of the specification and the applicable requirements of this Section.

14.9.d. The general registration in Subdivision 14.9.a. is subject to the limitation that the specification container may not be used for a shipment to a location outside the United States after August 31, 1986 except approved under special arrangements in accordance with 49 CFR 173.472.

14.10. General Registration: Type A, Fissile Class II Package

14.10.a. A general registration is hereby issued to any registrant to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped as a fissile Class II package.

14.10.b. This general registration applies only when a package contains no more than a Type A quantity of radioactive material, including only one of the following:

14.10.b.1. Up to 40 grams of Uranium-235; or

14.10.b.2. Up to 30 grams of Uranium-233; or

14.10.b.3. Up to 25 grams of the fissile radionuclides of plutonium, except that for encapsulated plutonium-beryllium neutron sources in special form, an A₁ quantity of plutonium may be present; or

14.10.b.4. A combination of fissile radionuclides in which the sum of the ratios of the amount of each radionuclide to the corresponding maximum amounts in

14.10.c. Except as specified in Subdivision 13.10.d., this general registration applies only when a package containing more than fifteen (15) grams of fissile radionuclides is labeled with a transport index not less than the number given by the following equation:

Minimum Transport Index = (0.4x + 0.67y + z) (1 - 15)

x+y+z

where the package contains x grams of Uranium-235, y grams of Uranium-233, and z grams of the fissile radionuclides of plutonium.

14.10.d. For a package in which the only fissile material is in the form of encapsulated plutonium-beryllium neutron sources in special form, the transport index based on criticality considerations may be taken as twenty six one-thousandths (0.026) times the number of grams of the fissile radionuclides of plutonium in excess of fifteen (15) grams.

14.10.e. In all cases, the transport index must be rounded up to one decimal place and may not exceed ten (10.0).

14.11. General Registration: Restricted, Fissile Class II Package

14.11.a. A general registration is hereby issued to any registrant to transport fissile material, or to deliver fissile material to a carrier for transport, if the material is shipped as a fissile class II package.

14.11.b. This general registration applies only when all of the following requirements are met.

14.11.b.1. The package contains no more than a Type A quantity of radioactive material.

14.11.b.2. Neither beryllium nor hydrogenous material enriched in deuterium is present.

14.11.b.3. The total mass of graphite present does not exceed one hundred fifty (150) times the total mass of Uranium-235 plus plutonium.

14.11.b.4. Substances having a higher hydrogen density than water are not present, except that polyethylene may be used for packing or wrapping.

14.11.b.5. Uranium-233 is not present, and the amount of plutonium does not exceed 1 percent of the amount of Uranium-235.

14.11.b.6. The amount of Uranium-235 is limited as follows:

14.11.b.6.A. If the fissile radionuclides are not uniformly distributed, the maximum amount of Uranium-235 per package may not exceed the value given in the Table 64-23 Bb.

14.11.b.6.B. If the fissile radionuclides are distributed uniformly, the maximum amount of Uranium-235 per package may not exceed the value given in the Table 64-23 Cc.

14.11.b.7. The transport index of each package based on criticality considerations is taken as 10 times the number of grams of Uranium-235 in the package divided by the maximum allowable number of grams per package in accordance with Tables 64-23 Bb and Cc as applicable.

14.12. Operating Controls and Procedures

14.12.a. Fissile material: assumptions as to unknown properties. When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the registrant shall package the fissile material as if the unknown properties had credible values that would cause the maximum nuclear reactivity.

14.12.b. Preliminary Determinations. Prior to the first use of any packaging for the shipment of radioactive material:

14.12.b.1. The registrant shall ascertain that there are no defects which could significantly reduce the effectiveness of the packaging;

14.12.b.2. Where the maximum normal operating pressure will exceed thirty four and three-tenths (34.3) kilopascal (five [5] psi) gauge, the registrant shall test the containment system at an internal pressure at least fifty (50) percent higher than the maximum normal operating pressure to verify the capability of that system to maintain its structural integrity at that pressure;

14.12.b.3. The registrant shall determine that the packaging has been fabricated in accordance with the design approved by the NRC; and

14.12.b.4. The registrant shall conspicuously and durably mark the packaging with its model number, gross weight, and a package identification number assigned by the NRC.

14.13. Routine Determinations. Prior to each shipment of registered material, the registrant shall determine that:

14.13.a. The package is proper for the contents to be shipped;

14.13.b. The package is in unimpaired physical condition except for superficial defects such as marks or dents;

14.13.c. Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects;

14.13.d. Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid;

14.13.e. Any pressure relief device is operable and set in accordance with written procedures;

14.13.f. The package has been loaded and closed in accordance with written procedures;

14.13.g. Any structural part of the package which could be used to lift or tie down the package during transport is rendered inoperable for that purpose unless it satisfies design five (5) requirements specified by the NRC;

14.13.h. The level of removable radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable. The level of removable radioactive contamination may be determined by wiping an area of three hundred (300) square centimeters of the surface concerned with an absorbent material, using moderate pressure, and measuring the activity on the wiping material. Sufficient measurements must be taken in the most appropriate locations to yield a representative assessment of the removable contamination levels. Except as provided in Subdivision 14.13.i., the amount of radioactivity measured on any single wiping material, when averaged over the surface wiped, must not exceed the limits given in Table 64-23 Dd at any time during transport. Other methods of assessment of equal or greater efficiency may be used. When other methods are used, the detection efficiency of the method used must be taken into account and in no case may the removable contamination on the external surfaces of the package exceed ten (10) times the limits listed in Table 64-23 Dd.

14.13.i. In the case of packages transported as exclusive use shipments by rail or highway only, the removable radioactive contamination at any time during transport must not exceed ten (10) times the levels prescribed in Subdivision 14.13.h. The levels at the beginning of transport must not exceed the levels in Subdivision 14.13.h.;

14.13.j. External radiation levels around the package and around the vehicle, if applicable, will not exceed two hundred (200) millirems per hour (two [2] mSv/h) at any point on the external surface of the package at any time during transportation. The transport index shall not exceed ten (10);

14.13.k. For a package transported in exclusive use by rail, highway or water, radiation levels external to the package may exceed the limits specified in Subsection 13.14.j. but shall not exceed any of the following:

14.13.k.1. Two hundred (200) millirems per hour (two [2] mSv/h) on the accessible external surface of the package unless the following conditions are met, in which case the limit is one thousand (1000) millirems per hour (ten [10] mSv/h);

14.13.k.1.A. The shipment is made in a closed transport vehicle,

14.13.k.1.B. Provisions are made to secure the package so that its position within the vehicle remains fixed during transportation, and

14.13.k.1.C. There are no loading or unloading operations between the beginning and end of the transportation.

14.13.k.2. Two hundred (200) millirems per hour (two [2] mSv/h) at any point on the outer surface of the vehicle, including the upper and lower surfaces, or, in the case of a flat-bed style vehicle, with a personnel barrier¹⁵, at any point on the vertical planes projected from the outer edges of the vehicle, on the upper surface of the load [or enclosure, if used], and on the lower external surface of the vehicle;

14.13.k.3. Ten (10) millirems per hour (one-tenth [0.1] mSv/h) at any point two (2) meters from the vertical planes represented by the outer lateral surfaces of the vehicle, or, in the case of a flat-bed style vehicle, at any point two (2) meters from the vertical planes projected from the outer edges of the vehicle; and

14.13.k.4. Two (2) millirems per hour (two one-hundredths [0.02 ]mSv/h) in any normally occupied positions of the vehicle, except that this provision does not apply to private motor carriers when persons occupying these positions are provided with special health supervision, personnel radiation exposure monitoring devices, and training in accordance with Subsection 13.12. of this rule.

14.13.l. A package must be prepared for transport so that in still air at one hundred (100) degrees Fahrenheit (thirty eight [38] degrees Celsius) and in the shade, no accessible surface of a package would have a temperature exceeding one hundred twenty two (122) degrees Fahrenheit (fifty [50] degrees Celsius) in a nonexclusive use shipment or one hundred eighty (180) degrees Fahrenheit (eighty two [82] degrees Celsius) in an exclusive use shipment. Accessible package surface temperatures shall not exceed these limits at any time during transportation.

14.14. Air Transport of Plutonium. Notwithstanding the provisions of any general registration and notwithstanding any exemptions stated directly in this Section or included indirectly by citation of the DOT regulations, as may be applicable, the registrant shall assure that plutonium in any form is not transported by air, or delivered to a carrier for air transport, unless:

14.14.a. The plutonium is contained in a medical device designed for individual human application; or

14.14.b. The plutonium is contained in a material in which the specific activity is not greater than two one-thousandths (0.002) microcuries per gram (seventy four [74] Bq/gm) of material and in which the radioactivity is essentially uniformly distributed; or

14.14.c. The plutonium is shipped in a single package containing no more than an A₂ quantity of plutonium in any isotope or form and is shipped in accordance with Subsection 14.5.; or

14.14.d. The plutonium is shipped in a package specifically authorized for the shipment of plutonium by air in the certificate of compliance for that package issued by the NRC.

14.15. Shipment Records. Each registrant shall maintain for a period of two (2) years after shipment a record of each shipment of registered material not exempt under Subsection 14., showing, where applicable:

14.15.a. Identification of the packaging by model number;

14.15.b. Verification that there were no significant defects in the packaging, as shipped;

14.15.c. Volume and identification of coolant;

14.15.d. Type and quantity of registered material in each package, and the total quantity of each shipment;

14.15.e. Date of the shipment;

14.15.f. Name and address of the transferee;

14.15.g. Address to which the shipment was made; and

14.15.h. Results of the determinations required by Subsection 14.13.

14.16. Reports. The registrant or registrant shall report to the agency within thirty (30) days:

14.16.a. Any instance in which there is significant reduction in the effectiveness of any authorized packaging during use; and

14.16.b. Details of any defects with safety significance in the packaging after first use, with the means employed to repair the defects and prevent their recurrence.

14.17. Advance Notification of Transport of Nuclear Waste

14.17.a. Prior to the transport of any nuclear waste outside of the confines of the registrant's facility or other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, each registrant shall provide advance notification of such transport to the governor, or governor's designee, of each state through which the waste will be transported.

14.17.b. Advance notification is required only when:

14.17.b.1. The nuclear waste is required to be in Type B packaging for transportation;

14.17.b.2. The nuclear waste is being transported to, through, or across state boundaries to a disposal site or to a collection point for transport to a disposal site; and

14.17.b.3. The quantity of registered material in a single package exceeds;

14.17.b.3.A. Five thousand (5,000) curies (one hundred eighty five [185] TBq) of special form radionuclides;

14.17.b.3.B. Five thousand (5,000) curies (one hundred eighty five [185] TBq) of uncompressed gases of argon-41, Krypton-85m, Krypton-87, Xenon-131m, or Xenon-135;

14.17.b.3.C. Fifty thousand (50,000) curies (one and eighty five [1.85] PBq) of argon-37, or of uncompressed gases of Krypton-85 or Xenon-133, or of Hydrogen-3 as a gas, as luminous paint, or absorbed on solid material;

14.17.b.3.D. Twenty (20) curies (seven hundred forty [740] GBq) of other non-special form radionuclides for which A₂ is less than or equal to four (4) curies (one hundred forty eight [148] GBq); or

14.17.b.3.E. Two hundred (200) curies (seven and four-tenths [7.4] TBq) of other non-special form radionuclides for which A₂ is greater than four (4) curies (one hundred forty eight [148] Gbq).

14.17.c. Each advance notification required by Subdivision 14.18.a. shall contain the following information:

14.17.c.1. The name, address, and telephone number of the shipper, carrier, and receiver of the shipment;

14.17.c.2. A description of the nuclear waste contained in the shipment as required by 49 CFR 172.202 and 172.203(d);

14.17.c.3. The point of origin of the shipment and the seven-day period during which departure of the shipment is estimated to occur;

14.17.c.4. The seven-day period during which arrival of the shipment at state boundaries is estimated to occur;

14.17.c.5. The destination of the shipment, and the seven-day period during which arrival of the shipment is estimated to occur; and

14.17.c.6. A point of contact with a telephone number for current shipment information.

14.17.d. The notification required by Subdivision 14.17.a. shall be made in writing to the office of each appropriate governor, or governor's designee, and to the agency. A notification delivered by mail must be postmarked at least seven days before the beginning of the seven-day period during which departure of the shipment is estimated to occur. A notification delivered by messenger must reach the office of the governor, or governor's designee, at least four days before the beginning of the seven-day period during which departure of the shipment is estimated to occur. A copy of the notification shall be retained by the registrant for one (1) year.

14.17.e. The registrant shall notify each appropriate governor, or governor's designee, and the agency of any changes to schedule information provided pursuant to Subdivision 14.18.a. Such notification shall be by telephone to a responsible individual in the office of the governor, or governor's designee, of the appropriate state or states. The registrant shall maintain for one (1) year a record of the name of the individual contacted.

14.17.f. Each registrant who cancels a nuclear waste shipment, for which advance notification has been sent, shall send a cancellation notice to the governor, or governor's designee, of each appropriate state and to the agency. A copy of the notice shall be retained by the registrant for one (1) year.

14.18. Quality Assurance Requirements

14.18.a. Each registrant shall establish, maintain, and execute a quality assurance program to verify by procedures such as checking, auditing, and inspection that deficiencies, deviations, and defective material and equipment relating to the shipment of packages containing radioactive material are promptly identified and corrected.

14.18.b. The registrant shall identify the material and components to be covered by the quality assurance program.

14.18.c. Each registrant shall document the quality assurance program by written procedures or instructions and shall carry out the program in accordance with those procedures throughout the period during which packaging is used.

14.18.d. Prior to the use of any package for the shipment of radioactive material, each registrant shall obtain approval by the agency of its quality assurance program.

14.18.e. The registrant shall maintain sufficient written records to demonstrate compliance with the quality assurance program. Records of quality assurance pertaining to the use of a package for shipment of radioactive material shall be maintained for a period of two years after shipment.

W. Va. Code R. § 64-23-14