Updating Radioactive Materials Transportation Regulations

Emma Wong
Project Manager

10cfrIf you have ever wondered about the safety of packaging and transporting radioactive materials, now is the perfect opportunity to learn about it. The NRC is kicking off the process of updating our requirements in 10 CFR Part 71.

We do this periodically to reflect new information. Changes to international packaging and transportation standards published by the International Atomic Energy Agency, which serve as a standard for the U.S. and other nations, can also trigger revisions. Stringent safety requirements, as well as coordination among federal agencies, international regulators, and tribal, state and local officials, help to ensure radioactive materials shipments are made safely.

The U.S. Department of Transportation has primary responsibility for regulatory materials transport, while the NRC regulates packages for larger quantities. This structure provides many layers of safety.

When it is time to review our requirements, the NRC coordinates with DOT to ensure the two agencies have consistent regulatory standards. The process may take several years. We are also working to align our regulations with the IAEA’s.

To encourage public input, we are publishing an “issues paper” that outlines areas we have identified for possible revision. We’ll take comments on it for 60 days. We plan to use that input to develop a draft regulatory basis—a document that identifies a regulatory issue, and considers and recommends a solution. Once finalized, the draft regulatory basis will be made available for public comment. After taking comments on the draft, we can publish a final regulatory basis.

At that point, if our Commission agrees that revision to our requirements are needed, we would move into developing a proposed rule, then a final rule. Each step in the process takes about a year. Details on how to submit comments can be found in a Federal Register notice that will be published on November 21. This information and additional details about the rulemaking will be available on the federal rulemaking website.

We’re also planning a public meeting on Dec. 5-6 at NRC headquarters in Rockville, Md., to discuss the paper and answer questions. Details on participating, including by teleconference and webinar, can be found in our meeting notice.

img_0230While the regulations are being updated, the fact remains that radioactive materials are transported safely all the time. Millions of these shipments are made each year and arrive at their destination without incident. Occasionally, a carrier might be involved in a traffic accident. But in decades of experience, there has never been an accident that resulted in injury from exposure to the radioactive contents.

All shipments of radioactive material must also be made in compliance with DOT regulations. Smaller shipments pose extremely low risk. The larger the amount of radioactive materials, the more stringent DOT’s requirements are. DOT limits how much radioactivity can be transported in each package. That way, no transport accident involving these shipments would pose a significant health threat.

But what about larger amounts of radioactive materials? What about spent nuclear fuel?

In addition to meeting DOT requirements, larger shipments of radioactive cargo such as spent nuclear fuel and fissile material must meet NRC regulations for packaging and transport in Part 71. These regulations include very detailed requirements for shipping under normal conditions, as well as stringent tests to show the packages can withstand hypothetical severe accidents. These are the regulations we are updating now. If you would like to learn more about the transportation of spent fuel and radioactive materials, see our website.

Radium Part III: The NRC’s Role

Richard Chang
Office of Nuclear Material Safety and Safeguards

Radium_Periodic Element Table

We’ve been writing in this series about radium—how it was discovered, how it was used, how it can impact human health. Today we want to explain where the NRC fits in.

As we said in our last post, the states originally oversaw radium use. In 2005, Congress gave the NRC authority over radium through the Energy Policy Act. In 2007, we put in place our regulations on the control, use, and disposal of radium. These rules made clear that the NRC oversees radium only after it has been purposely concentrated for use.

Because many states already had laws on radium, we took over regulatory oversight in phases. We had full oversight for radium in all states by August 2009 (either through states that regulate nuclear materials under agreements with the NRC, known as Agreement States, or directly in those states that remain under NRC jurisdiction).

In 2007 after our regulations were put in place, we began talking to the U.S. Navy about radium contamination at their sites. As we learned more about this program and talked with the other branches of the military, we began working to clarify our role in the remediation at military sites. During the same time, we became aware of two specific radium cleanup efforts by other federal agencies. The Environmental Protection Agency has done cleanup work at the former WaterburyClockWaterbury Clock Company, in Waterbury, Conn. The National Park Service is also involved in a cleanup project at Great Kills Park, in Staten Island, N.Y.

As we learned more about these projects, it became apparent that a critical step for us to take would be identifying historical commercial radium sites; many of which were many decades old. As such, we began to look for sites in our jurisdiction that may have radium, and to find out how much, if any, cleanup was done. There are no known health and safety issues at any of these sites, but we want to make sure they do not pose a risk.

We contracted with Oak Ridge National Laboratory to help us develop a full picture of commercial radium sites. The lab started by cataloging the different products developed and sold to the public in the early 20th century. Oak Ridge scoured existing publicly available literature, records and databases, identified sites where radium may have been used to make consumer goods and looked for any cleanup records. We received the final results in November 2015.

We are working to get more information about the sites under NRC jurisdiction. We will be reaching out to site owners. Our goal is to confirm that these sites do not pose a risk to public health and safety and the environment. We’ll keep you posted on our progress.