(50) Waste collector--An entity, operating in accordance
with an agency, 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.
(51) Waste description--The physical, chemical and
radiological description of a LLRW as called for on NRC Form 541.
(52) Waste generator--An entity, operating in accordance
with an agency, NRC, or agreement state license, who:
(A) possesses any material or component that contains
radioactivity or is radioactively contaminated for which the licensee
foresees no further use; and
(B) transfers this material or component to a licensed
land disposal facility or to a licensed waste collector or processor
for handling or treatment before disposal. A licensee performing processing
or decontamination services may be a waste generator if the transfer
of LLRW from its facility is defined as residual waste.
(53) Waste processor--An entity, operating in accordance
with an NRC or agreement state license, whose principal purpose is
to process, repackage, or otherwise treat LLRW or waste generated
by others before eventual transfer of waste to a licensed LLRW land
disposal facility.
(54) Waste type--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).
(e) Transportation of radioactive material.
(1) Each licensee who transports radioactive material
outside the site of usage as specified in the department license,
transports on public highways, or delivers radioactive material to
a carrier for transport, shall comply with the applicable requirements
of the DOT regulations in Title 49, CFR, Part 107, Parts 171 - 180
and 390 - 397 appropriate to the mode of transport. The licensee shall
particularly note DOT regulations in the following areas:
(A) Packaging - Title 49, CFR, Part 173: Subparts A,
B, and I.
(B) Marking and labeling - Title 49, CFR, Part 172:
Subpart D, and §§172.400 - 172.407 and §§172.436
- 172.441 of Subpart E.
(C) Placarding - Title 49, CFR, Part 172: Subpart F,
especially §§172.500 - 172.519 and §172.556, and Appendices
B and C.
(D) Accident reporting - Title 49, CFR, Part 171: §171.15
and §171.16.
(E) Shipping papers and emergency information - Title
49, CFR, Part 172: Subparts C and G.
(F) Hazardous material employee training - Title 49,
CFR, Part 172: Subpart H.
(G) Hazardous material shipper/carrier registration
- Title 49, CFR, Part 107: Subpart G.
(H) Security Plans - Title 49, CFR, Part 172: Subpart
I.
(2) The licensee shall also note DOT regulations pertaining
to the following modes of transportation:
(A) Rail: Title 49, CFR Part 174: Subparts A through
D and K.
(B) Air: Title 49, CFR Part 175.
(C) Vessel: Title 49, CFR Part 176: Subparts A through
F and M.
(D) Public Highway: Title 49, CFR Part 177 and Parts
390 through 397.
(3) If DOT regulations are not applicable to a shipment
of radioactive material (i.e. DOT does not have jurisdiction), the
licensee shall conform to DOT standards and requirements specified
in paragraph (1) of this subsection to the same extent as if the shipment
or transportation were subject to DOT regulations. A request for modification,
waiver, or exemption from those requirements shall be filed and approved
by the department. Any notification referred to in those requirements,
shall be submitted to the department.
(4) Transporter proof of financial responsibility.
(A) Transporters of low-level radioactive waste to
a Texas low-level radioactive waste disposal site shall submit proof
of financial responsibility required by Title 49, CFR, §387.7
and §387.9, to the department and receive a registration letter
from the department before initial shipment.
(B) The transporter registration expires on the expiration
date of the proof of financial responsibility or in 10 years, if the
proof of financial responsibility does not have an expiration date.
(C) To renew a transporter's registration, the transporter
shall submit to the department new proof of financial responsibility.
(D) The transporter shall submit to the department
new proof of financial responsibility any time the amount of liability
coverage is reduced or a new policy is purchased.
(5) The department shall review and determine alternate
routes for the transportation and routing of radioactive material
in accordance with 49 CFR, §397.103.
(f) Exemption for low-level radioactive materials.
(1) A licensee is exempt from all requirements of this
section with respect to shipment or carriage of the following low-level
materials:
(A) Natural material and ores containing naturally
occurring radionuclides that are either in their natural state, or
have only been processed for purposes other than for the extraction
of the radionuclides, and which are not intended to be processed for
use of these radionuclides, provided the activity concentration of
the material does not exceed 10 times the applicable radionuclide
activity concentration values specified in subsection (ee), (ee)(7),
and (ee)(8) of this section.
(B) Materials for which the activity concentration
is not greater than the activity concentration values specified in
subsection (ee), (ee)(7), and (ee)(8) of this section, or for which
the consignment activity is not greater than the limit for an exempt
consignment found in subsection (ee), (ee)(7), and (ee)(8) of this
section.
(C) Non-radioactive solid objects with radioactive
substances present on any surfaces in quantities not in excess of
the levels cited in the definition of contamination in subsection
(d) of this section.
(2) Common and contract carriers, freight forwarders,
warehousemen, and the United States Postal Service are exempt from
the regulations in this subchapter to the extent that they transport
or store radioactive material in the regular course of their carriage
for another or storage incident thereto.
(3) Persons who discard licensed material in accordance
with §289.202(fff) of this title are exempt from all requirements
of this section.
(g) Exemption of physicians. Any physician licensed
by a State to dispense drugs in the practice of medicine is exempt
from subsection (e) of this section with respect to transport by the
physician of licensed material for use in the practice of medicine.
However, any physician operating under this exemption shall be licensed
in accordance with §289.256 of this title or the equivalent NRC
or agreement state regulations.
(h) Exemption from classification as fissile material.
Fissile materials meeting the requirements of at least one of the
paragraphs (1) through (6) of this subsection are exempt from classification
as fissile material and from the fissile material package standards
of Title 10, CFR §71.55 and §71.59, but are subject to all
other requirements of this section, except as noted.
(1) An individual package containing 2 grams or less
fissile material.
(2) Individual or bulk packaging containing 15 grams
or less of fissile material provided the package has at least 200
grams of solid nonfissile material for every gram of fissile material.
Lead, beryllium, graphite, and hydrogenous material enriched in deuterium
may be present in the package but shall not be included in determining
the required mass for solid nonfissile material.
(3) Solid fissile material commingled with solid non-fissile
material.
(A) Low concentrations of solid fissile material commingled
with solid nonfissile material provided:
(i) that there is at least 2000 grams of solid nonfissile
material for every gram of fissile material; and
(ii) there is no more than 180 grams of fissile material
distributed within 360 kg of contiguous non-fissile material.
(B) Lead, beryllium, graphite, and hydrogenous material
enriched in deuterium may be present in the package but shall not
be included in determining the required mass of solid nonfissile material.
(4) Uranium enriched in uranium-235 to a maximum of
one percent by weight, and with total plutonium and uranium-233 content
of up to one percent of the mass of uranium-235, provided that the
mass of any beryllium, graphite, and hydrogenous material enriched
in deuterium constitutes less than five percent of the uranium mass,
and that the fissile material is distributed homogeneously and does
not form a lattice arrangement within the package.
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