NAC459.8231. Requirements for shipping manifest; exceptions.

     1. A waste generator, waste collector or waste processor who transports or offers for transportation low-level radioactive waste intended for ultimate disposal at a licensed land disposal facility for low-level radioactive waste must, except as otherwise provided in subsection 2, prepare a manifest that includes the information requested on NRC Forms 540, 540A, 541 and 542, as applicable. NRC Forms 540 and 540A must be completed by the waste generator, waste collector or waste processor and must accompany the shipment. Upon agreement between the waste generator, waste collector or waste processor and the consignee, NRC Forms 541, 541A, 542 and 542A may be completed, transmitted and stored in electronic media with the capability of producing legible, accurate and complete records of the forms in the format of a uniform manifest.

     2. A licensee is not required to comply with subsection 1 if the licensee ships:

     (a) Low-level waste for processing and expects return of the waste before it is disposed of at a licensed land disposal facility;

     (b) Low-level waste that is being returned to the licensee who is the generator; or

     (c) Material that is contaminated with radioactivity to a waste processor and the waste becomes the residual waste of the waste processor.

     3. A licensee who ships the radioactive waste shall provide the following information on the uniform manifest for each disposal container in the shipment:

     (a) The name, address and telephone number of the licensee shipping the waste;

     (b) A declaration of whether the licensee is acting as a waste generator, waste collector, waste processor or any combination thereof for the shipment;

     (c) The name, address, telephone number and Environmental Protection Agency identification number of the carrier transporting the waste;

     (d) The date of the shipment;

     (e) The total number of packages and containers;

     (f) The total volume and weight of the shipment;

     (g) The total radionuclide activity in the shipment;

     (h) The identity and activity of each of the radionuclides contained in the shipment, including, without limitation, the activity of any H-3, C-14, Tc-99 and I-129 contained in the shipment;

     (i) The total masses of U-233, U-235 and plutonium in the material shipped, including in any special nuclear material;

     (j) The total mass of uranium and thorium in the material shipped, including in any source material;

     (k) The alphabetic or numeric identification that uniquely identifies each disposal container in the shipment;

     (l) A physical description of the disposal container, including, without limitation, the name of the manufacturer and model of any high integrity container;

     (m) The volume displaced by the disposal container;

     (n) The gross weight of the disposal container and the waste contained therein;

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

     (p) A physical and chemical description of the waste;

     (q) The total percentage by weight of the chelating agent for any waste containing more than 0.1 percent by weight of a chelating agent and the name of the principal chelating agent;

     (r) The approximate volume of waste within the container;

     (s) The sorbing media or solidification media, if any, and the identity of the vendor and name of the brand of any solidification media;

     (t) For discrete waste types, including, without limitation, activated materials, contaminated equipment, mechanical filters, sealed sources and devices and wastes in solidification media or stabilization media, the identities and activities of individual radionuclides associated with or contained in the waste types;

     (u) The total radioactivity within each container;

     (v) For waste that is consigned to a disposal facility, the classification of the waste as set forth in NAC 459.8265; and

     (w) The name of any waste that does not meet the structural stability requirements as set forth in NAC 459.8305.

     4. A licensee who ships radioactive waste that is delivered without a disposal container must provide the following information on the manifest:

     (a) The approximate volume and weight of the waste;

     (b) A physical and chemical description of the waste;

     (c) The total percentage by weight of the chelating agent for any waste containing more than 0.1 percent by weight of a chelating agent and the name of the principal chelating agent;

     (d) For waste that is consigned to a disposal facility:

          (1) The classification of the waste as set forth in NAC 459.8265; and

          (2) The maximum radiation levels at the surface of the waste;

     (e) The name of any waste that does not meet the structural stability requirements as set forth in NAC 459.8305; and

     (f) The identities and activities of individual radionuclides contained in the waste, the masses of U-233, U-235 and plutonium in the special nuclear material and the masses of uranium and thorium in the source material.

     5. A licensee who ships disposal containers of mixtures of waste originating from different waste generators or mixtures of waste shipped without a container for which portions of the mixture within the shipment originate from different waste generators shall provide the following information on the manifest:

     (a) For homogeneous mixtures of waste, including, without limitation, ash from an incinerator, the waste description applicable to the mixture and the volume of the waste attributed to each waste generator.

     (b) For heterogeneous mixtures of waste, including, without limitation, the combined products from a large compactor, the identification of each waste generator contributing waste to the disposal container.

     (c) For discrete waste types, including, without limitation, activated materials, contaminated equipment, mechanical filters, sealed sources and devices, and wastes in solidification media or stabilization media, the identities and activities of individual radionuclides contained in the waste types.

     (d) For each waste generator:

          (1) The volume of waste within the disposal container;

          (2) A physical and chemical description of the waste, including, without limitation, the solidification media, if any;

          (3) The total percentage by weight of the chelating agent for any disposal container containing more than 0.1 percent by weight of a chelating agent and the name of the principal chelating agent;

          (4) The sorbing media or solidification media, if any, and the identity of the vendor and name of the brand of any solidification media if the media is claimed to meet stability requirements as set forth in NAC 459.8305; and

          (5) The identities and activities of any 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 in the waste.

     6. A licensee who ships radioactive waste shall ensure that an authorized representative certifies, by signing and dating the shipment manifest, that the materials are properly classified, described, packaged, marked and labeled, and are in proper condition for transportation according to the applicable regulations of the United States Department of Transportation and the Division. By signing the certification, a waste collector certifies that the collected waste has not been tampered with in any manner that would invalidate the certification of the authorized representative of the licensee.

     7. A licensee who ships radioactive waste shall provide on the required Environmental Protection Agency forms any information regarding hazardous, medical or other waste that is required to comply with Environmental Protection Agency regulations, as codified in 40 C.F.R. Parts 260, 261 and 263, as those provisions existed on January 26, 1999. The required Environmental Protection Agency forms must accompany the uniform manifest required by this section.

     8. Copies of the manifests required by this section 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 their instructions may be obtained at no charge from the Information and Records Management Branch, Office of Information Resources Management, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, telephone [phone].

     9. As used in this section:

     (a) “EPA identification number” means the number received pursuant to 40 C.F.R. Part 263, as those provisions existed on January 26, 1999.

     (b) “High integrity container” means a container used to meet the structural stability requirements of NAC 459.830 and the United States Department of Transportation requirements for shipping a package that contains a type A quantity of radioactive waste.

     (c) “Waste description” means the physical, chemical and radiological description of the waste that is required on NRC Form 541.

     (Added to NAC by Bd. of Health by R084-98, eff. 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003)