Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Appendix 4-D - REQUIREMENTS FOR TRANSFERS OF LOW-LEVEL RADIOACTIVE WASTE INTENDED FOR DISPOSAL AT LICENSED DISPOSAL FACILITIES AND MANIFESTS

Current through June 17, 2024
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.