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.

 

PART Saf-C 6601  PURPOSE AND SCOPE

 

          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 SHIPMENT ROUTE

 

          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 New Hampshire as set forth below.  Such designation shall be consistent with all applicable federal laws and regulations.

 

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, 33 Hazen Drive, Concord, NH 03305.

 

          (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