CHAPTER Saf-C 6600 TRANSPORTATION OF HIGH-LEVEL RADIOACTIVE
WASTE
Statutory Authority: RSA 107-D:2, II(a); 107-D:3, I and IV;
107-D:7.
Saf-C 6601.01 Purpose. The purpose of these rules is to set forth
the requirements that all high-level radioactive waste carriers and shippers
must comply with before transporting high-level radioactive waste through the
state.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6601.02 Scope.
(a) The scope of
these rules is limited to cases where no federal law or regulation supersedes
or conflicts with the provisions contained herein. In the event of conflict between a federal
law or regulation and these rules, the federal law or regulation shall control.
(b) Compliance with
these rules shall be in addition to any federal requirements.
(c) These rules shall
not apply to federal government shipments specified in RSA 107-D:7.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
PART Saf-C 6602 DEFINITIONS
Saf-C 6602.01
“Carrier” means “carrier” as defined in RSA 107-D:1, I.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6602.02 “Cask”
means “cask” as defined in RSA 107-D:1, II.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6602.03
“Commissioner” means “commissioner” as defined in RSA 107-D:1, III.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6602.04
“Department” means “department” as defined in RSA 107-D:1, IV.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6602.05
“High-level radioactive waste” means “high-level radioactive waste” as
defined in RSA 107-D:1, V.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6602.06
“Person” means “person” as defined in RSA 107-D:1, VI.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6602.07
“Shipper” means “shipper” as defined in RSA 107-D:1, VII.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6602.08
“Irradiated reactor fuel” means “irradiated reactor fuel” as defined in
RSA 107-D:1, VIII.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
PART Saf-C 6603 TRANSPORTATION REQUIREMENTS
Saf-C 6603.01 Packaging,
Marking and Labeling.
(a) All high-level
radioactive waste shall be packaged, marked, labeled and transported in a
manner as required by:
(1) 10 CFR 71 and 49 CFR 107, 171 through 180,
and 390 through 397;
(2) Saf-C 600; and
(3) All other applicable state and federal laws.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6603.02 Handling,
Loading and Unloading.
(a) All high-level
radioactive waste shall be handled, loaded and unloaded in the manner as
required by:
(1) 49 CFR 107, 171 through 180, and 390 through
397;
(2) Saf-C 600; and
(3) All other applicable state and federal laws.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6603.03 Storage. All high-level radioactive waste shall be
stored as required by 10 CFR 71 through 73.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6603.04 Placarding. All vehicles transporting high-level
radioactive waste pursuant to RSA 107-D and these rules shall be placarded as
required by 49 CFR 172.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6603.05 Monitoring. Department personnel, or other emergency
response personnel, shall escort vehicles transporting high-level radioactive
waste through the state.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
PART Saf-C 6604 NOTICE AND DESIGNATION OF
Saf-C 6604.01 Request
for Designation. Upon request, any
state or federal agency, or on its own initiative, the department, shall
consider whether to designate a high-level radioactive waste shipment route
within the state of
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6604.02 Form
of Request; Information Required.
(a) Any application
submitted pursuant to Saf-C 6604.01, shall include the following:
(1) Applicant’s name;
(2) Name of the applicant’s primary contact
person;
(3) Route starting and ending points within the
state, including:
a. Road name and/or route number of all roads to
be used for primary transportation;
b. Road name and/or route number of all roads to
be used as alternate routes; and
c. Names of all municipalities and counties that
the route traverses.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6604.03 Notice
Required.
(a) The department,
consistent with federal law as required by RSA 107-D:3, II(c), shall conduct a
public hearing on each proposed shipment route prior to issuing any permit for
that route.
(b) Within 60 days
of receiving a request for a high-level radioactive waste shipment route
designation as set forth in Saf-C 6604.02, the department shall notify the
following:
(1) The department’s homeland security and
emergency management division;
(2) NH department of transportation;
(3) NH department of health and human services;
and
(4) Other state agencies and political
subdivisions that request such notification.
(c) Within 60 days
of receiving an initial request for a high-level radioactive waste shipment
route designation as set forth in Saf-C 6604.02, the department shall:
(1) Schedule a public hearing;
(2) Publish notice in a newspaper of statewide
circulation including the date, time and location of the hearing as well as the
route which is being reviewed; and
(3) Provide specific notice to all towns, cities,
municipalities and counties that the route traverses.
(d) Any subsequent
request for the same high-level radioactive waste shipment route designation shall
not require the scheduling of an additional public hearing.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6604.04 Public Hearing.
(a) The department shall
conduct at least one public hearing annually for each proposed high-level
radioactive waste shipment route designation.
(b) The hearing
shall be conducted by a hearings examiner from the department.
(c) The purpose of
the public hearing shall be to:
(1) Gather the public’s comments on the proposed
shipment route including safety issues, community impact and public health
concerns; and
(2) Answer the public’s questions regarding the
route designation process, shipment procedures or other related issues, to the
extent possible.
(d) Any interested
agency or political subdivision may provide an official to attend the public
hearing in order to answer questions from the public.
(e) The hearing
shall be tape-recorded.
(f) The department
shall allow at least 5 days following the close of the hearing for any person
to submit written comments regarding the proposed shipment route.
(g) The hearing
shall be held in the vicinity of the proposed shipment route in a location that
is centrally located to all the towns, cities and municipalities that the route
will pass through, to the extent possible.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6604.05 Designation
of Route.
(a) Within 45 days
of the close of the written comment period set forth in Saf-C 6604.04(f), the
commissioner shall:
(1) Designate the shipment route; or
(2) Deny the request for a designated shipment
route.
(b) In order to be
designated, the route shall:
(1) Be the safest and most direct way to
transport high-level radioactive waste through the state;
(2) Allow for the highest practical degree of
safety and protection of the environment and public health;
(3) Designate alternate emergency routes; and
(4) Be consistent with all applicable federal and
state laws and regulations.
(c) The department
shall provide copies of the decision to:
(1) The applicant; and
(2) The agencies and political subdivisions notified
pursuant to Saf-C 6604.02.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
PART Saf-C 6605 PERMITS
Saf-C 6605.01 Permit
Required. Pursuant to RSA 107-D:3,
I, no person shall transport high-level radioactive waste through the state
until a permit has been issued in accordance with these rules.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.02 Application
for Permit.
(a) To the extent
consistent with federal law, an applicant for a permit to transport high-level
radioactive waste through the state shall furnish the following to the
department:
(1) Applicant’s name, address and telephone
number;
(2) Name, address and telephone number of the
applicant’s contact person;
(3) Whether transportation will be by public
roads, water, railway, air, or any combination thereof;
(4) Documents required by RSA 107-D:3, II,
including:
a. Documentation of the carrier’s federal safety
rating;
b. Proof of federally required liability
insurance;
c. Nuclear incident prevention and clean-up
plan, including:
1. Identification of each route and shipment for
which the permit is applicable;
2. Identification of the emergency response
personnel accompanying each shipment;
3. Name, address and emergency response training
record of those emergency response personnel listed in 2., above;
4. Other than those listed in 2., above,
identification of the emergency response personnel and resources available on
the route; and
5. Identification of foreseeable accident and
shipment disruption scenarios, as set forth in RSA 107-D:3, II(a)(4).
(5) The number of casks to be shipped under the
permit;
(6) The type and quantity of material contained
in the casks;
(7) The origin, destination and serial number of
each cask;
(8) The approximate time of entry to and exit
from the state;
(9) Whether the application is for a single trip
permit or an annual permit; and
(10) If the application is for an annual permit, a
statement of the number of trips that are planned during the period of the
annual permit.
(b) The applicant
shall submit the original application and 2 copies to: Office of the Commissioner, NH Department of
Safety,
(c) Incomplete
applications shall be returned to the contact person with an explanation
of any information that is missing,
incomplete or inadequate.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.03 Review
of Application.
(a) Upon receipt of
a completed application, the commissioner shall review the application to
determine whether it complies with all applicable federal and state laws, rules
and regulations.
(b) Upon receipt of
a completed application, the department shall notify the office of emergency
management.
(c) An application
shall be available to the public unless RSA 91-A:5 or a comparable federal law
is applicable.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.04 Granting
Permit. The commissioner shall grant
the application if the applicant meets all federal and state laws, rules and
regulations.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.05 Denying
Permit. The commissioner shall deny
the application if the applicant does not meet all federal and state laws,
rules and regulations.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.06 Suspending
Permit.
(a) Pursuant to RSA
541-A:30,III, if an applicant whose permit was granted is in violation of any
applicable federal and state laws, rules or regulations, the department shall
immediately suspend the permit.
(b) Pursuant to (a) above,
applicable federal and state laws, rules and regulations shall include Saf-C
600, Saf-C 900, 49 CFR 170-189, 381-382, 390-397 and 10 CFR 71 –73.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.07 Postponing
Permit. If circumstances such as
adverse weather, adverse road conditions, state and/or national security,
increase the likelihood of a threat to public safety or health or the
environment, the department shall postpone any permit, until such time as the
condition that created the threat to public safety or health or the environment
has passed.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.08 Single
Trip Permit.
(a) A single trip
permit shall be valid for one shipment of high-level radioactive waste during
the period specified on the permit.
(b) A holder of a
single trip permit shall:
(1) Confirm the single shipment schedule with
state police communications within 30 days of a planned shipment;
(2) Confirm the single shipment schedule with
state police communications within 24 hours of the scheduled departure; and
(3) Immediately notify state police
communications of a shipment delay or cancellation.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.09 Annual
Permit.
(a) An annual permit
shall be valid for one year from the date of issuance unless the permit is suspended
pursuant to Saf-C 6605.06.
(b) A holder of an
annual permit shall:
(1) Confirm the shipment schedule with state
police communications within 30 days of a planned shipment;
(2) Confirm the shipment schedule with state
police communications within 24 hours of the scheduled departure; and
(3) Immediately notify state police
communications of a shipment delay or cancellation.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6605.10 State
Police Notification. All shipment
notifications required by these rules shall be made by telephoning state police
communications at 603-271-3636.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
PART Saf-C 6606 FEES
Saf-C 6606.01 Single
Trip Permit.
(a) The fee for a
single trip permit shall be based upon the following formula:
(1) The amount of $2,500.00 per application for the
administrative cost of processing and managing the shipment program;
(2) The amount of $2,000.00 per application for
training costs; and
(3) The state police detail rate at the time of shipment,
per hour per law enforcement officer or emergency responder necessary to
perform complete inspections and escort the shipment through the state.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6606.02 Annual
Permit. The fee for an annual permit
shall be the same as Saf-C 6606.01, except that an owner shall only be charged
the amount set forth in Saf-C 6606.01(a)(1) once. The remainder of the fees shall be charged
for each shipment transported through the state.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6606.03 Time
for Payment. The owner shall submit
the permit fee set forth in Saf-C 6606.01 or Saf-C 6606.02, with the
application or as specified in RSA 107-D:4, II and III.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6606.04
REPEALED
Source. #7287, eff 5-24-00; rpld by #9154, eff 5-8-08
PART Saf-C 6607 BOND
Saf-C 6607.01 Bond
Required.
(a) Pursuant to RSA
107-D:6, all applicants for a permit shall provide proof of a bond or indemnity
insurance of at least $25,000,000.
(b) The bond shall
comply with all applicable federal and state laws, rules and regulations.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
PART Saf-C 6608 INSPECTIONS
Saf-C 6608.01 Applicable
Regulations.
(a) All carriers
transporting irradiated reactor fuel or high-level radioactive waste shall be
subject to inspection upon entering the state by personnel authorized by the
commissioner.
(b) Personnel
authorized by the commissioner shall apply the following when conducting an
inspection of irradiated reactor fuel or high-level radioactive waste:
(1) These rules;
(2) All applicable federal regulations; and
(3) If adopted by the US Department of Energy,
the “Enhanced North American Standard Inspection for Transportation of
Radioactive Materials”.
(c) Personnel
authorized by the commissioner, when conducting an inspection of irradiated
reactor fuel, may contact the NH department of health and human services,
radiation control program, for guidance and technical assistance.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
PART Saf-C 6609 EXCEPTIONS AND EXEMPTIONS
Saf-C 6609.01 Permissible
Exceptions and Exemptions.
(a) For the purposes
of this rule, “exception” means that the department will waive a particular
requirement for the application or issuance of a single trip permit.
(b) For the purposes
of this rule, “exemption” means that the department will waive all requirements
of these rules provided that any shipments from an exempted carrier meet or
exceed the level of safety provided in the event these rules were applicable.
(c) All transportation
of radioactive materials shipped by or for the federal government for military,
national security or national defense purposes shall be exempt from these
rules.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6609.02 Application
for Exception or Exemption.
(a) A person may
request an exception or exemption from these rules as follows:
(1) The request shall be made in writing to the
commissioner;
(2) The request shall specify the reason an
exception or exemption is necessary, including why the applicant cannot comply
with these rules; and
(3) The request shall include a statement of the
impact an exception or exemption will have on public health, safety and welfare.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6609.03 Granting
Exception or Exemption. The
commissioner shall grant a request for an exception or exemption if he/she
determines that the level of public health, safety and welfare will be the same
as if these rules were applicable.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
Saf-C 6609.04 Denying
Exception or Exemption.
(a) The commissioner
shall deny a request for exception or exemption if the requestor does not
demonstrate:
(1) The need for an exception or exemption;
(2) That the public health, safety and welfare
will not be compromised; or
(3) Any other reason that would be contrary to
the intent of these rules and RSA 107-D.
Source. #7287, eff 5-24-00; ss by #9154, eff 5-8-08
APPENDIX
RULE
|
STATUTE IMPLEMENTED
|
|
|
Saf-C 6601.01-6601.02 |
RSA 107-D |
Saf-C 6602.01 |
RSA 107-D:1, I; RSA
541-A:7 |
Saf-C 6602.02 |
RSA 107-D:1, II; RSA
541-A:7 |
Saf-C 6602.03 |
RSA 107-D:1, III; RSA
541-A:7 |
Saf-C 6602.04 |
RSA 107-D:1, IV; RSA
541-A:7 |
Saf-C 6602.05 |
RSA 107-D:1, V; RSA
541-A:7 |
Saf-C 6602.06 |
RSA 107-D:1, VI; RSA
541-A:7 |
Saf-C 6602.07 |
RSA 107-D:1, VII; RSA
541-A:7 |
Saf-C 6602.08 |
RSA 107-D:1, VIII; RSA
541-A:7 |
Saf-C 6603.01-6603.03 |
RSA 107-D:2 |
Saf-C 6603.04 |
RSA 107-D:2 |
Saf-C 6603.05 |
RSA 107-D:2; RSA 107-D:5 |
Saf-C 6604.01-6604.02 |
RSA 107-D:3 |
Saf-C 6604.03 |
RSA 107-D:3; RSA 107-D:9 |
Saf-C 6604.04 |
RSA 107-D:3 |
Saf-C 6604.05 |
RSA 107-D:3, II(b) and (c) |
Saf-C 660.5.01 |
RSA 107-D:3, I |
Saf-C 6605.02-6605.03 |
RSA 107-D:3 |
Saf-C 6605.04-6605.07 |
RSA 107-D:2; RSA 107-D:3 |
Saf-C 6605.08 |
RSA 107-D:2 |
Saf-C 6605.09 |
RSA 107-D:3 |
Saf-C 6605.10 |
RSA 107-D:2; RSA 107-D:3 |
Saf-C 6606.01-6606.04 |
RSA 107-D:4 |
Saf-C 6607.01 |
RSA 107-D:6 |
Saf-C 6608.01 |
RSA 107-D:5 |
Saf-C 6609.01-6609.04 |
RSA 107-D:7 |