Alabama Administrative Code › Title 420 - ALABAMA STATE BOARD OF HEALTH › Chapter 420-3-26 - RADIATION CONTROL › Section 420-3-26-.03 - Standards For Protection Against Radiation › Appendix G - REQUIREMENTS FOR TRANSFERS OF LOW-LEVEL RADIOACTIVE WASTE INTENDED FOR DISPOSAL AT LICENSED LAND DISPOSAL FACILITIES AND MANIFESTS

Current through Register Vol. 42, No. 9, June 28, 2024
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 land disposal
				  facility must prepare a Manifest (OMB Control Numbers 3150-0164, -0165, and
				  -0166) reflecting information requested on applicable NRC Form 540 (Uniform
				  Low-Level Radioactive Waste Manifest (Shipping Paper)) and 541 (Uniform
				  Low-Level Radioactive Waste Manifest (Container and Waste Description)) and, if
				  necessary, of an 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. Licensees are not required by NRC to comply with the
				  manifesting requirements of this part when they ship:
(a) LLW for processing and expect its return (i.e., for
				  storage under their license) prior to disposal at a licensed land disposal
				  facility.
(b) LLW that is being returned to the licensee who is the
				  "waste generator" or "generator," as defined in this part; 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.
NRC Forms 540, 540A, 541, 541A, 542 and 542A, and the
				  accompanying instructions, in hard copy, may be obtained from the information
				  and Records Management Branch, Office of Information Resources Management, U.S.
				  Nuclear Regulatory Commission, Washington, D.C. 20555., telephone (301)
				  415-7232.
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
				  chapter.
As used in this appendix, the following definitions
				  apply:
Chelating agent has the same meaning as that given in
				  10
				  CFR Part 61.2.
Chemical description means a description of the principal
				  chemical characteristics of a low-level radioactive waste.
Computer-readable medium means that the regulatory agency's
				  computer can transfer the information from the medium into its memory.
Consignee means the designated receiver of the shipment of
				  low-level radioactive waste.
Decontamination facility means a facility operating under a
				  Commission, Agency, or Agreement State license whose principal purpose is
				  decontamination of equipment or materials to accomplish recycle, reuse, or
				  other waste management objectives, and, for purposes of this part, is not
				  considered to be a consignee for LLW shipments.
Disposal container means a container principally used to
				  confine low-level radioactive waste during disposal operations at a land
				  disposal facility (also see "high integrity container"). Note that for some
				  shipments, the disposal container may be the transport package.
EPA identification number means the number received by a
				  transporter following application to the Administrator of EPA as required by 40
				  CFR Part 263.
Generator means a licensee operating under a Commission,
				  Agency, or Agreement State license who (1) is a waste generator as defined in
				  his 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 (e.g.,
				  waste generated as a result of decontamination or recycle activities).
High integrity container (HIC) means a container commonly
				  designed to meet the structural stability requirements of
				  10 CFR Part
				  61.56, and to meet Department of
				  Transportation requirements for a Type A package.
Land disposal facility has the same meaning as that given in
				  10
				  CFR Part 61.2.
NRC Forms 540, 540A, 541, 541A, 542, and 542A are official
				  NRC Forms referenced in this appendix. Licensees need not use originals of
				  these NRC Forms as long as any substitute forms are equivalent to the original
				  documentation in respect to content, clarity, size, and location of
				  information. Upon agreement between the shipper and consignee, NRC Forms 541
				  (and 541A) and NRC Forms 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 means the assembly of components necessary to ensure
				  compliance with the package requirements of DOT regulations, together with its
				  radioactive contents, as presented for transport.
Physical description means the items called for on NRC Form
				  541 to describe a low-level radioactive waste.
Residual waste means 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 means the licensed entity (i.e., 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 means NRC Form 540 and, if required, NRC Form
				  540A which includes the information required by DOT in 49 CFR part 172.
Source material has the same meaning as that given in
				  10
				  CFR Part 40.4.
Special nuclear material has the same meaning as that given
				  in 10 CFR Part
				  70.4.
Uniform Low-Level Radioactive Waste Manifest or uniform
				  manifest means the combination of NRC Forms 540, 541, and, if necessary, 542,
				  and their respective continuation sheets as needed, or equivalent.
Waste collector means an entity, operating under a
				  Commission, Agency, 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 land disposal
				  facility.
Waste description means the physical, chemical and
				  radiological description of a low-level radioactive waste as called for on NRC
				  Form 541.
Waste generator means an entity, operating under a
				  Commission, Agency, 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 land 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 means an entity, operating under a
				  Commission, Agency, 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 land disposal facility.
Waste type means a waste within a disposal container having a
				  unique physical description (i.e., a specific waste descriptor code or
				  description; or a waste sorbed on or solidified in a specifically defined
				  media).
Information Requirements
A. General Information
The shipper of the radioactive waste, shall 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 indicating 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
				  EPA identification number for the carrier transporting the waste.
B. Shipment Information
The shipper of the radioactive waste shall 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 special
				  nuclear material, and the total mass of uranium and thorium in source
				  material.
C. 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:
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
				  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 wastes 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;
11. The total radioactivity within each container; and
12. For wastes consigned to a disposal facility, the
				  classification of the waste pursuant to
				  10 CFR Part
				  61.55. Waste not meeting the structural
				  stability requirements of
				  10 CFR Part
				  61.56(b) must be
				  identified.
D. 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:
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
				  10 CFR Part
				  61.55. Waste not meeting the structural
				  stability requirements of
				  10 CFR Part
				  61.56(b) 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 special
				  nuclear material, and the masses of uranium and thorium in 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. (Note: 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.
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 (i.e., activated
				  materials, contaminated equipment, mechanical filters, sealed source/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:
(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 nay, and the
				  identity of the solidification media vendor and brand name if the media is
				  claimed to meet stability requirements in
				  10 CFR
				  61.56(b); and
(e) 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.
II. 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, the Commission, and the Agency. 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.
III. Control and Tracking
A. Any licensee who transfers radioactive waste to a land
				  disposal facility or a licensed waste collector shall comply with the
				  requirements in paragraphs A.1 through 9 of this section. Any licensee who
				  transfers waste to a licensed waste processor for waste treatment or
				  repackaging shall comply with the requirements of paragraphs A.4 through 9 of
				  this section. A licensee shall:
1. Prepare all wastes so that the waste is classified
				  according to
				  10 CFR Part
				  61.55 and meets the waste characteristics
				  requirements in
				  10 CFR Part
				  61.56;
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
				  10 CFR Part
				  61.55;
3. Conduct a quality assurance program to assure compliance
				  with
				  10 CFR Parts
				  61.55 and
				  61.56 (the
				  program must include management evaluation of audits);
4. Prepare the NRC 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 LLW 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 NRC Form 540 (and NRC Form 540A, if required) with
				  the shipment regardless of the option chosen in paragraph A.5 of this
				  section;
7. Receive acknowledgment of the receipt of this shipment in
				  the form of a signed copy of NRC Form 540;
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 10 CFR
				  Parts 30, 40, and 70; and
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 appendix, conduct an investigation in accordance with paragraph E of this
				  appendix.
B. Any waste collector licensee who handles only prepackaged
				  waste shall:
1. Acknowledge receipt of the waste from the shipper within
				  one week of receipt by returning a signed copy of NRC Form 540;
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. 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 LLW 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 NRC Form 540 (and NRC Form 540A, if required) with
				  the shipment regardless of the option chosen in paragraph B.3 of this
				  section;
5. Receive acknowledgment of the receipt of the shipment in
				  the form of a signed copy of NRC Form 540;
6. 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 or licensed material as required by 10 CFR
				  Parts 30, 40, and 70;
7. 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 appendix, conduct an investigation in accordance with paragraph E of this
				  appendix; and
8. Notify the shipper and the Administrator of the nearest
				  Commission Regional Office 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 shall:
1. Acknowledge receipt of the waste form the shipper within
				  one week of receipt by returning a signed copy of NRC Form 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 shall identify the waste generators, the preprocessed
				  waste volume, and the other information as required in paragraph 1.E. of this
				  appendix;
3. Prepare all wastes so that the waste is classified
				  according to
				  10 CFR Part
				  61.55;
4. Label each package of waste to identify whether it is
				  Class A waste, Class B waste, or Class C waste, in accordance with
				  10 CFR Parts
				  61.55 and
				  61.57;
5. Conduct a quality assurance program to assure compliance
				  with
				  10 CFR Parts
				  61.55 and
				  61.56 (the
				  program shall include management; evaluation of audits);
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 LLW 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 NRC Form 540 (and NRC Form 540A, if required) with
				  the shipment regardless of the option chosen in paragraph C.6 of this
				  section;
8. Receive acknowledgment of the receipt of the shipment in
				  the form of a signed copy of NRC Form 540;
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 10 CFR
				  Parts 30, 40, and 70;
10. For any shipment or any 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 paragraph E of this
				  appendix; and
11. Notify the shipper and the Administrator of the nearest
				  Commission Regional Office 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.
D. The land disposal facility operator shall:
1. Acknowledge receipt of the waste within one 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;
2. Maintain copies of all completed manifests and
				  electronically store the information required by
				  10 CFR
				  61.80(1) until the
				  commission terminates the license; and
3. Notify the shipper and the Administrator of the nearest
				  commission Regional Office 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 shipment or part of a shipment for which
				  acknowledgment is not received within the times set forth in this section
				  must:
1. Be investigated by the shipper if shipper has not received
				  notification receipt within 20 days after transfer;
2. Be traced and reported. The investigation shall include
				  tracing the shipment and filing a report with the nearest Commission Regional
				  Office. Each licensee who conducts a trace investigation shall file a written
				  report with the appropriate NRC Regional Office within 2 weeks of completion of
				  the investigation.