ML21327A315
| ML21327A315 | |
| Person / Time | |
|---|---|
| Issue date: | 11/22/2021 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | State of NM |
| Beardsley M | |
| Shared Package | |
| ML21301A114 | List: |
| References | |
| Download: ML21327A315 (22) | |
Text
20.3.3 NMAC This is an amendment to 20.3.4 NMAC, Sections 425, 462 and 466, effective 8/10/2021.
20.3.4.425 SECURITY AND CONTROL OF LICENSED OR REGISTERED SOURCES OF RADIATION:
A.
The licensee shall secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas. The licensee possessing category 1 and category 2 quantities of radioactive materials shall comply with 10 CFR 37. The licensee shall comply with 10 CFR 37 except as follows:
(1) any reference to the commission or NRC shall be deemed a reference to the department; (2) 10 CFR 37.5 definitions of agreement state, byproduct material, commission and person shall not be applicable; (3) 10 CFR 37.7, 10 CFR 37.9, 10 CFR 37.11(a) and (b), 10 CFR 37.13, 10 CFR 37.27(c),
10 CFR 37.71, 10 CFR 37.105, and 10 CFR 37.107 shall not be applicable; and (4) for any reporting or notification requirements that the licensee must follow in 10 CFR 37.45, 10 CFR 37.57, 10 CFR 37.77(a) through (d), and 10 CFR 37.81, the licensee shall use the following address when applicable: New Mexico environment department/RCB, P.O. Box 5469, Santa Fe, NM 87502-5469 address information.
B.
The licensee shall control and maintain constant surveillance, and use devices or administrative procedures to prevent unauthorized access to licensed radioactive material that is in a controlled or unrestricted area and that is not in storage.
C.
The registrant shall secure registered radiation machines from unauthorized removal.
D.
The registrant shall use devices or administrative procedures to prevent unauthorized use of registered radiation machines.
[20.3.4.425 NMAC - Rp, 20.3.4.425 NMAC, 04/30/2009; A, 8/10/2021]
20.3.4.462 APPENDIX C - QUANTITIES1 OF LICENSED MATERIAL REQUIRING LABELING:
A.
Table 462.1.
TABLE 462.1 Radionuclide Quantity (microcuries2)
Hydrogen-3 1,000 Beryllium-7 1,000 Beryllium-10 1
Carbon-11 1,000 Carbon-14
[1,000] 100 Fluorine-18 1,000 Sodium-22 100 Sodium-24 100 Magnesium-28 100 Aluminum-26 10 Silicon-31 1,000 Silicon-32 1
Phosphorus-32 10 Phosphorus-33 100 Sulfur-35 100 Chlorine-36 10 Chlorine-38 1,000 Chlorine-39 1,000 Argon-39 1,000 Argon-41 1,000 Potassium-40 100 Potassium-42 1,000 Potassium-43 1,000 Potassium-44 1,000 Potassium-45 1,000 Calcium-41 100
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Calcium-45 100 Calcium-47 100 Scandium-43 1,000 Scandium-44m 100 Scandium-44 100 Scandium-46 10 Scandium-47 100 Scandium-48 100 Scandium-49 1,000 Titanium-44 1
Titanium-45 1,000 Vanadium-47 1,000 Vanadium-48 100 Vanadium-49 1,000 Chromium-48 1,000 Chromium-49 1,000 Chromium-51 1,000 Manganese-51 1,000 Manganese-52m 1,000 Manganese-52 100 Manganese-53 1,000 Manganese-54 100 Manganese-56 1,000 Iron-52 100 Iron-55 100 Iron-59 10 Iron-60 1
Cobalt-55 100 Cobalt-56 10 Cobalt-57 100 Cobalt-58m 1,000 Cobalt-58 100 Cobalt-60m 1,000 Cobalt-60 1
Cobalt-61 1,000 Cobalt-62m 1,000 Nickel-56 100 Nickel-57 100 Nickel-59 100 Nickel-63 100 Nickel-65 1,000 Nickel-66 10 Copper-60 1,000 Copper-61 1,000 Copper-64 1,000 Copper-67 1,000 Zinc-62 100 Zinc-63 1,000 Zinc-65 10 Zinc-69m 100 Zinc-69 1,000
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Zinc-71m 1,000 Zinc-72 100 Gallium-65 1,000 Gallium-66 100 Gallium-67 1,000 Gallium-68 1,000 Gallium-70 1,000 Gallium-72 100 Gallium-73 1,000 Germanium-66 1,000 Germanium-67 1,000 Germanium-68 10 Germanium-69 1,000 Germanium-71 1,000 Germanium-75 1,000 Germanium-77 1,000 Germanium-78 1,000 Arsenic-69 1,000 Arsenic-70 1,000 Arsenic-71 100 Arsenic-72 100 Arsenic-73 100 Arsenic-74 100 Arsenic-76 100 Arsenic-77 100 Arsenic-78 1,000 Selenium-70 1,000 Selenium-73m 1,000 Selenium-73 100 Selenium-75 100 Selenium-79 100 Selenium-81m 1,000 Selenium-81 1,000 Selenium-83 1,000 Bromine-74m 1,000 Bromine-74 1,000 Bromine-75 1,000 Bromine-76 100 Bromine-77 1,000 Bromine-80m 1,000 Bromine-80 1,000 Bromine-82 100 Bromine-83 1,000 Bromine-84 1,000 Krypton-74 1,000 Krypton-76 1,000 Krypton-77 1,000 Krypton-79 1,000 Krypton-81 1,000 Krypton-83m 1,000 Krypton-85m 1,000
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Krypton-85 1,000 Krypton-87 1,000 Krypton-88 1,000 Rubidium-79 1,000 Rubidium-81m 1,000 Rubidium-81 1,000 Rubidium-82m 1,000 Rubidium-83 100 Rubidium-84 100 Rubidium-86 100 Rubidium-87 100 Rubidium-88 1,000 Rubidium-89 1,000 Strontium-80 100 Strontium-81 1,000 Strontium-83 100 Strontium-85m 1,000 Strontium-85 100 Strontium-87m 1,000 Strontium-89 10 Strontium-90 0.1 Strontium-91 100 Strontium-92 100 Yttrium-86m 1,000 Yttrium-86 100 Yttrium-87 100 Yttrium-88 10 Yttrium-90m 1,000 Yttrium-90 10 Yttrium-91m 1,000 Yttrium-91 10 Yttrium-92 100 Yttrium-93 100 Yttrium-94 1,000 Yttrium-95 1,000 Zirconium-86 100 Zirconium-88 10 Zirconium-89 100 Zirconium-93 1
Zirconium-95 10 Zirconium-97 100 Niobium-88 1,000 Niobium-89m (66 min.)
1,000 Niobium-89 (122 min.)
1,000 Niobium-90 100 Niobium-93m 10 Niobium-94 1
Niobium-95m 100 Niobium-95 100 Niobium-96 100 Niobium-97 1,000
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Niobium-98 1,000 Molybdenum-90 100 Molybdenum-93m 100 Molybdenum-93 10 Molybdenum-99 100 Molybdenum-101 1,000 Technetium-93m 1,000 Technetium-93 1,000 Technetium-94m 1,000 Technetium-94 1,000 Technetium-96m 1,000 Technetium-96 100 Technetium-97m 100 Technetium-97 1,000 Technetium-98 10 Technetium-99m 1,000 Technetium-99 100 Technetium-101 1,000 Technetium-104 1,000 Ruthenium-94 1,000 Ruthenium-97 1,000 Ruthenium-103 100 Ruthenium-105 1,000 Ruthenium-106 1
Rhodium-99m 1,000 Rhodium-99 100 Rhodium-100 100 Rhodium-101m 1,000 Rhodium-101 10 Rhodium-102m 10 Rhodium-102 10 Rhodium-103m 1,000 Rhodium-105 100 Rhodium-106m 1,000 Rhodium-107 1,000 Palladium-100 100 Palladium-101 1,000 Palladium-103 100 Palladium-107 10 Palladium-109 100 Silver-102 1,000 Silver-103 1,000 Silver-104m 1,000 Silver-104 1,000 Silver-105 100 Silver-106m 100 Silver-106 1,000 Silver-108m 1
Silver-110m 10 Silver-111 100 Silver-112 100
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Silver-115 1,000 Cadmium-104 1,000 Cadmium-107 1,000 Cadmium-109 1
Cadmium-113m 0.1 Cadmium-113 100 Cadmium-115m 10 Cadmium-115 100 Cadmium-117m 1,000 Cadmium-117 1,000 Indium-109 1,000 Indium-110m (69.1 min) 1,000 Indium-110 (4.9 h) 1,000 Indium-111 100 Indium-112 1,000 Indium-113m 1,000 Indium-114m 10 Indium-115m 1,000 Indium-115 100 Indium-116m 1,000 Indium-117m 1,000 Indium-117 1,000 Indium-119m 1,000 Tin-110 100 Tin-111 1,000 Tin-113 100 Tin-117m 100 Tin-119m 100 Tin-121m 100 Tin-121 1,000 Tin-123m 1,000 Tin-123 10 Tin-125 10 Tin-126 10 Tin-127 1,000 Tin-128 1,000 Antimony-115 1,000 Antimony-116m 1,000 Antimony-116 1,000 Antimony-117 1,000 Antimony-118m 1,000 Antimony-119 1,000 Antimony-120 (16 min.)
1,000 Antimony-120 (5.76 d) 100 Antimony-122 100 Antimony-124m 1,000 Antimony-124 10 Antimony-125 100 Antimony-126m 1,000 Antimony-126 100 Antimony-127 100
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Antimony-128 (10.4 min) 1,000 Antimony-128 (9.01 h) 100 Antimony-129 100 Antimony-130 1,000 Antimony-131 1,000 Tellurium-116 1,000 Tellurium-121m 10 Tellurium-121 100 Tellurium-123m 10 Tellurium-123 100 Tellurium-125m 10 Tellurium-127m 10 Tellurium-127 1,000 Tellurium-129m 10 Tellurium-129 1,000 Tellurium-131m 10 Tellurium-131 100 Tellurium-132 10 Tellurium-133m 100 Tellurium-133 1,000 Tellurium-134 1,000 Iodine-120m 1,000 Iodine-120 100 Iodine-121 1,000 Iodine-123 100 Iodine-124 10 Iodine-125 1
Iodine-126 1
Iodine-128 1,000 Iodine-129 1
Iodine-130 10 Iodine-131 1
Iodine-132m 100 Iodine-132 100 Iodine-133 10 Iodine-134 1,000 Iodine-135 100 Xenon-120 1,000 Xenon-121 1,000 Xenon-122 1,000 Xenon-123 1,000 Xenon-125 1,000 Xenon-127 1,000 Xenon-129m 1,000 Xenon-131m 1,000 Xenon-133m 1,000 Xenon-133 1,000 Xenon-135m 1,000 Xenon-135 1,000 Xenon-138 1,000 Cesium-125 1,000
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Cesium-127 1,000 Cesium-129 1,000 Cesium-130 1,000 Cesium-131 1,000 Cesium-132 100 Cesium-134m 1,000 Cesium-134 10 Cesium-135m 1,000 Cesium-135 100 Cesium-136 10 Cesium-137 10 Cesium-138 1,000 Barium-126 1,000 Barium-128 100 Barium-131m 1,000 Barium-131 100 Barium-133m 100 Barium-133 100 Barium-135m 100 Barium-139 1,000 Barium-140 100 Barium-141 1,000 Barium-142 1,000 Lanthanum-131 1,000 Lanthanum-132 100 Lanthanum-135 1,000 Lanthanum-137 10 Lanthanum-138 100 Lanthanum-140 100 Lanthanum-141 100 Lanthanum-142 1,000 Lanthanum-143 1,000 Cerium-134 100 Cerium-135 100 Cerium-137m 100 Cerium-137 1,000 Cerium-139 100 Cerium-141 100 Cerium-143 100 Cerium-144 1
Praseodymium-136 1,000 Praseodymium-137 1,000 Praseodymium-138m 1,000 Praseodymium-139 1,000 Praseodymium-142m 1,000 Praseodymium-142 100 Praseodymium-143 100 Praseodymium-144 1,000 Praseodymium-145 100 Praseodymium-147 1,000 Neodymium-136 1,000
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Neodymium-138 100 Neodymium-139m 1,000 Neodymium-139 1,000 Neodymium-141 1,000 Neodymium-147 100 Neodymium-149 1,000 Neodymium-151 1,000 Promethium-141 1,000 Promethium-143 100 Promethium-144 10 Promethium-145 10 Promethium-146 1
Promethium-147 10 Promethium-148m 10 Promethium-149 100 Promethium-150 1,000 Promethium-151 100 Samarium-141m 1,000 Samarium-141 1,000 Samarium-142 1,000 Samarium-145 100 Samarium-146 1
Samarium-147 100 Samarium-151 10 Samarium-153 100 Samarium-155 1,000 Samarium-156 1,000 Europium-145 100 Europium-146 100 Europium-147 100 Europium-148 10 Europium-149 100 Europium-150 (12.62 h) 100 Europium-150 (34.2 y) 1 Europium-152m 100 Europium-152 1
Europium-154 1
Europium-155 10 Europium-156 100 Europium-157 100 Europium-158 1,000 Gadolinium-145 1,000 Gadolinium-146 10 Gadolinium-147 100 Gadolinium-148 0.001 Gadolinium-149 100 Gadolinium-151 10 Gadolinium-152 100 Gadolinium-153 10 Gadolinium-159 100 Terbium-147 1,000
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Terbium-149 100 Terbium-150 1,000 Terbium-151 100 Terbium-153 1,000 Terbium-154 100 Terbium-155 1,000 Terbium-156m (5.0 h) 1,000 Terbium-156m (24.4 h) 1,000 Terbium-156 100 Terbium-157 10 Terbium-158 1
Terbium-160 10 Terbium-161 100 Dysprosium-155 1,000 Dysprosium-157 1,000 Dysprosium-159 100 Dysprosium-165 1,000 Dysprosium-166 100 Holmium-155 1,000 Holmium-157 1,000 Holmium-159 1,000 Holmium-161 1,000 Holmium-162m 1,000 Holmium-162 1,000 Holmium-164m 1,000 Holmium-164 1,000 Holmium-166m 1
Holmium-166 100 Holmium-167 1,000 Erbium-161 1,000 Erbium-165 1,000 Erbium-169 100 Erbium-171 100 Erbium-172 100 Thulium-162 1,000 Thulium-166 100 Thulium-167 100 Thulium-170 10 Thulium-171 10 Thulium-172 100 Thulium-173 100 Thulium-175 1,000 Ytterbium-162 1,000 Ytterbium-166 100 Ytterbium-167 1,000 Ytterbium-169 100 Ytterbium-175 100 Ytterbium-177 1,000 Ytterbium-178 1,000 Lutetium-169 100 Lutetium-170 100
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Lutetium-171 100 Lutetium-172 100 Lutetium-173 10 Lutetium-174m 10 Lutetium-174 10 Lutetium-176m 1,000 Lutetium-176 100 Lutetium-177m 10 Lutetium-177 100 Lutetium-178m 1,000 Lutetium-178 1,000 Lutetium-179 1,000 Hafnium-170 100 Hafnium-172 1
Hafnium-173 1,000 Hafnium-175 100 Hafnium-177m 1,000 Hafnium-178m 0.1 Hafnium-179m 10 Hafnium-180m 1,000 Hafnium-181 10 Hafnium-182m 1,000 Hafnium-182 0.1 Hafnium-183 1,000 Hafnium-184 100 Tantalum-172 1,000 Tantalum-173 1,000 Tantalum-174 1,000 Tantalum-175 1,000 Tantalum-176 100 Tantalum-177 1,000 Tantalum-178 1,000 Tantalum-179 100 Tantalum-180m 1,000 Tantalum-180 100 Tantalum-182m 1,000 Tantalum-182 10 Tantalum-183 100 Tantalum-184 100 Tantalum-185 1,000 Tantalum-186 1,000 Tungsten-176 1,000 Tungsten-177 1,000 Tungsten-178 1,000 Tungsten-179 1,000 Tungsten-181 1,000 Tungsten-185 100 Tungsten-187 100 Rhenium-177 1,000 Rhenium-178 1,000 Rhenium-181 1,000
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Rhenium-182 (12.7 h) 1,000 Rhenium-182 (64.0 h) 100 Rhenium-184m 10 Rhenium-184 100 Rhenium-186m 10 Rhenium-186 100 Rhenium-187 1,000 Rhenium-188m 1,000 Rhenium-188 100 Rhenium-189 100 Osmium-180 1,000 Osmium-181 1,000 Osmium-182 100 Osmium-185 100 Osmium-189m 1,000 Osmium-191m 1,000 Osmium-191 100 Osmium-193 100 Osmium-194 1
Iridium-182 1,000 Iridium-184 1,000 Iridium-185 1,000 Iridium-186 100 Iridium-187 1,000 Iridium-188 100 Iridium-189 100 Iridium-190m 1,000 Iridium-190 100 Iridium-192m (1.4 m) 10 Iridium-192 (73.8 d) 1 Iridium-194m 10 Iridium-194 100 Iridium-195m 1,000 Iridium-195 1,000 Platinum-186 1,000 Platinum-188 100 Platinum-189 1,000 Platinum-191 100 Platinum-193m 100 Platinum-193 1,000 Platinum-195m 100 Platinum-197m 1,000 Platinum-197 100 Platinum-199 1,000 Platinum-200 100 Gold-193 1,000 Gold-194 100 Gold-195 10 Gold-198m 100 Gold-198 100 Gold-199 100
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Gold-200m 100 Gold-200 1,000 Gold-201 1,000 Mercury-193m 100 Mercury-193 1,000 Mercury-194 1
Mercury-195m 100 Mercury-195 1,000 Mercury-197m 100 Mercury-197 1,000 Mercury-199m 1,000 Mercury-203 100 Thallium-194m 1,000 Thallium-194 1,000 Thallium-195 1,000 Thallium-197 1,000 Thallium-198m 1,000 Thallium-198 1,000 Thallium-199 1,000 Thallium-200 1,000 Thallium-201 1,000 Thallium-202 100 Thallium-204 100 Lead-195m 1,000 Lead-198 1,000 Lead-199 1,000 Lead-200 100 Lead-201 1,000 Lead-202m 1,000 Lead-202 10 Lead-203 1,000 Lead-205 100 Lead-209 1,000 Lead-210 0.01 Lead-211 100 Lead-212 1
Lead-214 100 Bismuth-200 1,000 Bismuth-201 1,000 Bismuth-202 1,000 Bismuth-203 100 Bismuth-205 100 Bismuth-206 100 Bismuth-207 10 Bismuth-210m 0.1 Bismuth-210 1
Bismuth-212 10 Bismuth-213 10 Bismuth-214 100 Polonium-203 1,000 Polonium-205 1,000
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Polonium-207 1,000 Polonium-210 0.1 Astatine-207 100 Astatine-211 10 Radon-220 1
Radon-222 1
Francium-222 100 Francium-223 100 Radium-223 0.1 Radium-224 0.1 Radium-225 0.1 Radium-226 0.1 Radium-227 1,000 Radium-228 0.1 Actinium-224 1
Actinium-225 0.01 Actinium-226 0.1 Actinium-227 0.001 Actinium-228 1
Thorium-226 10 Thorium-227 0.01 Thorium-228 0.001 Thorium-229 0.001 Thorium-230 0.001 Thorium-231 100 Thorium-232 100 Thorium-234 10 Thorium-natural 100 Protactinium-227 10 Protactinium-228 1
Protactinium-230 0.1 Protactinium-231 0.001 Protactinium-232 1
Protactinium-233 100 Protactinium-234 100 Uranium-230 0.01 Uranium-231 100 Uranium-232 0.001 Uranium-233 0.001 Uranium-234 0.001 Uranium-235 0.001 Uranium-236 0.001 Uranium-237 100 Uranium-238 100 Uranium-239 1,000 Uranium-240 100 Uranium-natural 100 Neptunium-232 100 Neptunium-233 1,000 Neptunium-234 100 Neptunium-235 100
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Neptunium-236 (1.15E+5 y) 0.001 Neptunium-236 (22.5 h) 1 Neptunium-237 0.001 Neptunium-238 10 Neptunium-239 100 Neptunium-240 1,000 Plutonium-234 10 Plutonium-235 1,000 Plutonium-236 0.001 Plutonium-237 100 Plutonium-238 0.001 Plutonium-239 0.001 Plutonium-240 0.001 Plutonium-241 0.001 Plutonium-242 0.001 Plutonium-243 1,000 Plutonium-244 0.001 Plutonium-245 100 Americium-237 1,000 Americium-238 100 Americium-239 1,000 Americium-240 100 Americium-241 0.001 Americium-242m 0.001 Americium-242 10 Americium-243 0.001 Americium-244m 100 Americium-244 10 Americium-245 1,000 Americium-246m 1,000 Americium-246 1,000 Curium-238 100 Curium-240 0.1 Curium-241 1
Curium-242 0.01 Curium-243 0.001 Curium-244 0.001 Curium-245 0.001 Curium-246 0.001 Curium-247 0.001 Curium-248 0.001 Curium-249 1,000 Berkelium-245 100 Berkelium-246 100 Berkelium-247 0.001 Berkelium-249 0.1 Berkelium-250 10 Californium-244 100 Californium-246 1
Californium-248 0.01 Californium-249 0.001
20.3.3 NMAC TABLE 462.1 Radionuclide Quantity (microcuries2)
Californium-250 0.001 Californium-251 0.001 Californium-252 0.001 Californium-253 0.1 Californium-254 0.001 Einsteinium-250 100 Einsteinium-251 100 Einsteinium-253 0.1 Einsteinium-254m 1
Einsteinium-254 0.01 Fermium-252 1
Fermium-253 1
Fermium-254 10 Fermium-255 1
Fermium-257 0.01 Mendelevium-257 10 Mendelevium-258 0.01 Any alpha-emitting radionuclide not listed above or mixtures of alpha emitters of unknown composition 0.001 Any radionuclide other than alpha-emitting radionuclides not listed above, or mixtures of beta emitters of unknown composition 0.01 Table 462.1 notes:
1 the quantities listed above were derived by taking 1/10th of the most restrictive ALI listed in columns 1 and 2 of table I of 20.3.4.461 NMAC, rounding to the nearest factor of 10, and constraining the values listed between 0.001 and 1,000 microcuries (37 becquerels and 37 megabecquerels). Values of 100 microcuries (3.7 megabecquerels) have been assigned for radionuclides having a radioactive half-life in excess of E+9 years, except rhenium, 1,000 microcuries (37 megabecquerels) to take into account their low specific activity; 2 to convert microcuries to kilobecquerels, multiply the microcurie value by 37.
B.
Note. For purposes of Subsection E of 20.3.4.428 NMAC, Subsection A of 20.3.4.431 NMAC and Subsection A of 20.3.4.451 NMAC where there is involved a combination of radionuclides in known amounts, the limit for the combination shall be derived as follows: determine, for each radionuclide in the combination, the ratio between the quantity present in the combination and the limit otherwise established for the specific radionuclide when not in combination. The sum of such ratios for all radionuclides in the combination may not exceed "1", that is, unity.
[20.3.4.462 NMAC - Rp, 20.3.4.462 NMAC, 4/30/2009; A, 8/10/2021]
20.3.4.466 APPENDIX G - REQUIREMENTS FOR TRANSFERS OF LOW-LEVEL RADIOACTIVE WASTE INTENDED FOR DISPOSAL AT LICENSED LAND DISPOSAL FACILITIES AND MANIFESTS: LLW means low-level radioactive waste as defined in the Low-Level Radioactive Waste Policy Act.
A.
Manifest.
(1)
A waste generator, collector or processor who transports, or offers for transportation LLW intended for ultimate disposal at a licensed low-level radioactive waste land disposal facility must prepare a manifest [NRC OMB Control Numbers 3150-0164, -0165 and -0166] reflecting information requested on applicable NRC forms 540 (uniform low-level radioactive waste manifest (shipping paper) and 541 (uniform low-level radioactive waste manifest (container and waste description)) and, if necessary, on an applicable NRC form 542 (uniform low-level radioactive waste manifest (manifest index and regional compact tabulation)). NRC forms 540
20.3.3 NMAC and 540A must be completed and must physically accompany the pertinent low-level waste shipment. Upon agreement between shipper and consignee, NRC forms 541, 541A, 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 the following:
(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 unless regulated by other applicable federal or state regulations; (d) these exclusions from manifesting requirements do not, however, exempt the licensee from complying with applicable DOT requirements for shipments referencing 49 CFR, including the preparation of shipping papers.
(2)
For guidance in completing these forms, refer to the instructions that accompany the forms. Copies of 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.
(3)
NRC forms 540, 540A, 541, 541A, 542 and 542A, and the accompanying instructions, in hard copy, may be obtained by writing or calling the [office]Office of the [chief] Chief information [officer] Officer, United States nuclear regulatory commission, Washington, DC 20555-0001, telephone (301) 415-5877, or by visiting the NRC's web site at http://www.nrc.gov and selecting forms from the index found on the home page.
(4)
This section includes information requirements of the DOT, as codified in 49 CFR Part 172. Additional 49 CFR requirements may be applicable. Information on hazardous, medical or other waste, required to meet EPA 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, any required EPA forms must accompany the uniform low-level radioactive waste manifest required by this chapter.
(5)
As used in this section, the following definitions apply:
(a) chelating agent has the same meaning as that given in 20.3.13.7 NMAC; (b) chemical description means a description of the principal chemical characteristics of a low-level radioactive waste; (c) computer-readable medium means that the department's computer can transfer the information from the medium into its memory; (d) consignee means the designated receiver of the shipment of low-level radioactive waste; (e) decontamination facility means a facility operating under a department, NRC 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; (f) 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; (g)
EPA identification number means the number received by a transporter following application to the administrator of EPA as required by 40 CFR Part 263; (h) generator means a licensee operating under a department, NRC 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 (e.g., waste generated as a result of decontamination or recycle activities);
(i) high integrity container (HIC) means a container commonly designed to meet the structural stability requirements of 20.3.13.1325 NMAC, and to meet DOT requirements for a type A package; (j) land disposal facility has the same meaning as that given in 20.3.13.7 NMAC; (k)
NRC forms 540, 540A, 541, 541A, 542 and 542A are official NRC forms referenced in this section; 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
20.3.3 NMAC 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; (l) package means the assembly of components necessary to ensure compliance with the packaging requirements of DOT regulations, together with its radioactive contents, as presented for transport; (m) physical description means the items called for on NRC form 541 to describe a LLW; (n) residual waste means LLW 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, provided that other federal laws or regulations, such as those of Resource Conservation and Recovery Act (RCRA), are not applicable; (o) 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; (p) shipping paper means NRC form 540 and, if required, NRC form 540A which includes the information required by DOT in 49 CFR part 172; (q) source material has the same meaning as that given in 20.3.3.7 NMAC; (r) special nuclear material has the same meaning as that given in 20.3.3.7 NMAC; (s) 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; (t) waste collector, including waste broker, means an entity, operating under a department, NRC 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; (u) waste description means the physical, chemical and radiological description of a low-level radioactive waste as called for on NRC form 541; (v) waste generator means an entity, operating under a department, NRC 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; (w) waste processor means an entity, operating under a department, NRC 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; and (x) 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).
(6)
Information requirements.
(a)
General information. The shipper of the radioactive waste shall provide the following information on the uniform manifest:
(i) the name, facility address and telephone number of the licensee shipping the waste; (ii) 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 (iii) 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:
(i) the date of the waste shipment; (ii) the total number of packages or disposal containers; (iii) the total disposal volume and disposal weight in the shipment;
20.3.3 NMAC (iv) the total radionuclide activity in the shipment; (v) the activity of each of the radionuclides H-3, C-14, Tc-99 and I-129 contained in the shipment; and (vi) 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:
(i) an alphabetic or numeric identification that uniquely identifies each disposal container in the shipment; (ii) a physical description of the disposal container, including the manufacturer and model of any high integrity container; (iii) the volume displaced by the disposal container; (iv) the gross weight of the disposal container, including the waste; (v) for waste consigned to a disposal facility, the maximum radiation level at the surface of each disposal container; (vi) a physical and chemical description of the waste; (vii) 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; (viii) the approximate volume of waste within a container; (ix) the sorbing or solidification media, if any, and the identity of the solidification media vendor and brand name; (x) 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, including fissile category classification; 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; (xi) the total radioactivity within each container; (xii) for wastes consigned to a disposal facility, the classification of the waste pursuant to 20.3.13.1324 NMAC; waste not meeting the structural stability requirements of Subsection B of 20.3.13.1325 NMAC; and (xiii) any other information required on a manifest or shipping paper by the DOT, the NRC or other regulatory agencies.
(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:
(i) the approximate volume and weight of the waste; (ii) a physical and chemical description of the waste; (iii) the total weight percentage of chelating agent if the chelating agent exceeds 0.1% by weight, plus the identity of the principal chelating agent; (iv) for waste consigned to a disposal facility, the classification of the waste pursuant to 20.3.13.1324 NMAC; waste not meeting the structural stability requirements of Subsection B of 20.3.13.1325 NMAC must be identified; (v) 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 (vi) 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 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.
(i)
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.
20.3.3 NMAC (ii)
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: (1) the volume of waste within the disposal container; (2) a physical and chemical description of the waste, including the solidification agent, if any; (3) 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; (4) 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 Subsection B of 20.3.13.1325 NMAC; and (5) 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.
B.
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, the DOT and the NRC. 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.
C.
Control and Tracking.
(1)
Any licensee who transfers radioactive waste to a land disposal facility or a licensed waste collector shall comply with the requirements in Subparagraphs (a) through (i) of this paragraph. Any licensee who transfers waste to a licensed waste processor for waste treatment or repackaging shall comply with the requirements of Subparagraphs (d) through (i) of this paragraph. A licensee shall:
(a) prepare all wastes so that the waste is classified according to 20.3.13.1324 NMAC, and meets the waste characteristics requirements in 20.3.13.1325 NMAC; (b) 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 then class C waste, in accordance with 20.3.13.1324 NMAC; (c) conduct a quality assurance program to assure compliance with 20.3.13.1324 NMAC and 20.3.13.1325 NMAC (the program must include management evaluation of audits);
(d) prepare the NRC uniform low-level radioactive waste manifest as required by Subsection A of this section; (e) forward a copy or electronically transfer the uniform low-level radioactive waste manifest to the intended consignee so that either (1) receipt of the manifest precedes the LLW shipment or (2) the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee. Using both delivery methods (1) and (2) is also acceptable; (f) include NRC form 540 (and NRC form 540A, if required) with the shipment regardless of the option chosen in Subparagraph (e) of this paragraph; (g) receive acknowledgment of the receipt of the shipment in the form of a signed copy of NRC form 540; (h) 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 20.3.3 NMAC; and (i) 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 section, conduct an investigation in accordance with Paragraph (5) of this subsection.
(2)
Any waste collector licensee who handles only prepackaged waste shall:
(a) acknowledge receipt of the waste from the shipper within one week of receipt by returning a signed copy of NRC form 540; (b) prepare a new manifest to reflect consolidated shipments that meet the requirements of this section; the waste collector shall ensure that, for each container of waste in the shipment, the manifest identifies the generator of that container of waste; (c) forward a copy or electronically transfer the uniform low-level radioactive waste manifest to the intended consignee so that either (1) receipt of the manifest precedes the LLW shipment or (2) the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee; using both delivery methods (1) and (2) is also acceptable;
20.3.3 NMAC (d) include NRC form 540 (and NRC form 540A, if required) with the shipment regardless of the option chosen in Subparagraph (c) of this paragraph; (e) receive acknowledgment of the receipt of the shipment in the form of a signed copy of NRC form 540; (f) 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 20.3.3 NMAC; (g) 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 section, conduct an investigation in accordance with Paragraph (5) of this subsection; and (h) 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 cancelled.
(3)
Any licensed waste processor who treats or repackages waste shall:
(a) acknowledge receipt of the waste from the shipper within one week of receipt by returning a signed copy of NRC form 540; (b) prepare a new manifest that meets the requirements of this section; 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 Subparagraph (e) of Paragraph (6) of Subsection A of this section; (c) prepare all wastes so that the waste is classified according to 20.3.13.1324 NMAC, and meets the waste characteristics requirements in 20.3.13.1325 NMAC; (d) label each package of waste to identify whether it is class A waste, class B waste or class C waste, in accordance with 20.3.13.1324 NMAC and 20.3.13.1326 NMAC; (e) conduct a quality assurance program to assure compliance with 20.3.13.1324 NMAC and 20.3.13.325 NMAC (the program shall include management evaluation of audits);
(f) forward a copy or electronically transfer the uniform low-level radioactive waste manifest to the intended consignee so that either (1) receipt of the manifest precedes the LLW shipment or (2) the manifest is delivered to the consignee with the waste at the time the waste is transferred to the consignee; using both delivery methods (1) and (2) is also acceptable; (g) include NRC form 540 (and NRC form 540A, if required) with the shipment regardless of the option chosen in paragraph Subparagraph (f) of this paragraph; (h) receive acknowledgment of the receipt of the shipment in the form of a signed copy of NRC form 540; (i) 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 20.3.3 NMAC; (j) 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 section, conduct an investigation in accordance with Paragraph (5) of this subsection; and (k) 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.
(4)
The land disposal facility operator shall:
(a) 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; (b) maintain copies of all completed manifests and electronically store the information required by 20.3.13.1334 NMAC until the department terminates the license; and (c) 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.
(5)
Any shipment or part of a shipment for which acknowledgment is not received within the times set forth in this section must:
20.3.3 NMAC (a) be investigated by the shipper if the shipper has not received notification or receipt within 20 days after transfer; and (b) be traced and reported; the investigation shall include tracing the shipment and filing a report with the department; each licensee who conducts a trace investigation shall file a written report with the department within 2 weeks of completion of the investigation.
[20.3.4.466 NMAC - Rp, 20.3.4.466 NMAC, A, 8/10/2021]