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.

Yucca Mountain Documents Now Publicly Available – In a New Online Library

David McIntyre
Public Affairs Officer

The NRC is flipping the switch today on its new LSN Library — making nearly 3.7 million documents related to the adjudicatory hearing on the proposed Yucca Mountain repository available to the public.

yuccatunnelThe library makes the discovery documents by various parties to the hearing public for the first time in five years, and with enhanced search capabilities. The new LSN Library is part of the NRC’s online documents database, known as ADAMS. Although the NRC staff’s discovery documents were already publicly available in ADAMS, those materials have been incorporated into the LSN Library to permit “one-stop” searching for Yucca-related technical information.

Here’s the genesis of the new library: The NRC created the Licensing Support Network, or LSN, back in 2001, years before the Department of Energy submitted its application in 2008 for construction authorization for a high-level waste repository at Yucca Mountain. The network was designed to allow easy access to the volumes of discovery documents that would support various aspects of the hearing.

The LSN was a database that required participants to house their documents on their own servers that were accessible for “crawling” by LSN software maintained by the NRC. This software created a document index. Participants and the public could search the index and generate a link to relevant documents on the participants’ home servers.

The LSN worked smoothly through the early stages of the hearing. But then the Department of Energy shut down the Yucca Mountain Project in 2010, and the NRC staff proceeded with an “orderly closure” of its review of DOE’s license application. As part of the orderly closure, an Atomic Safety and Licensing Board Panel’s Construction Authorization Board suspended the hearing in September 2011. The LSN was closed down the previous month, with the CAB directing the parties (other than the NRC staff, whose documents were already public in ADAMS) to provide all their LSN documents to the NRC’s Office of the Secretary.

Then in August 2013, the U.S. Court of Appeals for the District of Columbia Circuit ordered the NRC to resume its review of DOE’s Yucca Mountain application, using previously appropriated money from the Nuclear Waste Fund.

The Commission directed the staff to finish and publish its Safety Evaluation Report, the main technical review of the application. The staff published the final volumes in January 2015. Then the Commission directed the staff to prepare a supplement to DOE’s Environmental Impact Statement, covering certain groundwater issues that were not fully analyzed in the EIS. The staff issued the final supplement this past May.

Additionally, the Commission directed that if there was enough money remaining, the LSN documents should be made publicly available. As explained in a paper published August 12, that’s the work being completed now with activation of the LSN Library.

The library is significant for three reasons. First, it meets federal records requirements. Second, the library again provides public access to the previously-disclosed discovery materials should the Yucca Mountain adjudicatory hearing resume. Third, should the Yucca Mountain hearing not resume, the library will provide an important source of technical information for any future high-level waste repository licensing proceeding.

And of course, the library helps us meet the NRC’s goal of being an open and transparent regulator.

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