National Academies Press: OpenBook

Review of the Department of Energy's Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant (2020)

Chapter: Appendix D: Legal and Regulatory Requirements for Transportation

« Previous: Appendix C: How Salt Repositories Work
Suggested Citation:"Appendix D: Legal and Regulatory Requirements for Transportation." National Academies of Sciences, Engineering, and Medicine. 2020. Review of the Department of Energy's Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant. Washington, DC: The National Academies Press. doi: 10.17226/25593.
×

Appendix D

Legal and Regulatory Requirements for Transportation

In the course of writing this report, a number of references were examined including, but not limited to, the following, which guide both the Department of Energy’s Office of Secure Transportation (DOE-OST) and DOE’s Office of Environmental Management’s Carlsbad Field Office (DOE-CBFO) in the transportation of radioactive materials, special nuclear materials, and nuclear waste.

Authoring Organization Legal and Regulatory Requirements
Federal Regulations US Department of Transportation, Title 49 Code of Federal Regulations (CFR) Parts 40, 100 -185, 382, 383, 385, 386, 387, 390-399
Nuclear Regulatory Commission, Title 10 CFR Part 71 -Packaging and Transportation of Radioactive Materia!
Pipeline and Hazardous Materials Safety Administration 2016 Emergency Response Guidebook
Environmental Protection Agency, Title 40 CFR Part 263, Standards Applicable to Transporters of Hazardous Wastes
Memorandum of Understanding Memorandum of Understanding between the Nuclear Regulatory Commission and the Department of Transportation that was published in the Federal Register on July 2, 1979 (44 FRN 38690)
US Dept. of Energy Directives, Guidance, and Delegations
  • DOE Order 460.1D, Hazardous Materials Packaging and Transportation Safety, 2016
  • DOE Order 460.2A, Departmental Materials Transportation and Packaging Management, 2004
States Compliance with state hazardous materials, oversize overweight, radioactive materials, nuclear materials, nuclear waste statutes, regulations, and rules for Alabama, Georgia, Louisiana, Mississippi, New Mexico, South Carolina, Tennessee, and Texas, and any other state through which DOE-OST transits
Suggested Citation:"Appendix D: Legal and Regulatory Requirements for Transportation." National Academies of Sciences, Engineering, and Medicine. 2020. Review of the Department of Energy's Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant. Washington, DC: The National Academies Press. doi: 10.17226/25593.
×

References that guide OST in the transportation of special nuclear materials.

Authoring Organization Legal and Regulatory Requirements
Public Law ATOMIC ENERGY ACT OF 1954 [As Amended Through P.L. 115-439, Enacted January 14, 2019] including
  • Section 161 (i) – Declare a National Security Area
  • Section 161 (k) - Use of Firearms by Security Personnel
U.S. Code U.S. Code Title 18. CRIMES AND CRIMINAL PROCEDURE Part I. CRIMES Chapter 44. FIREARMS Section 922. Unlawful acts
Federal Regulations US Department of Energy, Title 10 Part 712 – Human Reliability Program including continuous monitoring, and training; 1.0 CFR 1047.7 – Use of Deadly Force
Environmental Protection Agency, Title 40 CFR Part 263, Standards Applicable to Transporters of Hazardous Wastes
US Dept. of Energy Directives, Guidance, and Delegations
  • DOE Order 251. D, Supplemental Directive NNSA S 251 1 A, NNSA Directives Management, 2018
  • DOE Order 4S1.1C, Packaging and Transportation for Offsite Shipment of Materials of National Security Interest, 2016
  • DOE Order 461.2, Onsite Packaging and Transfer of Materials of National Security Interest, 2010
  • DOE Order 474.2. Change Notice 4, DOE Order - Nuclear Material Control and Accountability, 2016
  • DOE O 473.3A Chg 1 (MinChg), Protection Program Operations, 2018
  • Archived JM DOE O 470,3B, Notice of Intent to Revise DOE Order 470.3B, Graded Security Protection (GSP) Policy, 2015
  • Archived DOE O 470.3C, Design Basis Threat (DBT) Policy
Suggested Citation:"Appendix D: Legal and Regulatory Requirements for Transportation." National Academies of Sciences, Engineering, and Medicine. 2020. Review of the Department of Energy's Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant. Washington, DC: The National Academies Press. doi: 10.17226/25593.
×

References that guide DOE-CBFO in the transportation of transuranic waste.

Authoring Organization Legal and Regulatory Requirements
Public Law PUBLIC LAW 102-579 THE WASTE ISOLATION PILOT PLANT LAND WITHDRAWAL ACT as amended by Public Law 104-201 (H.R. 3230, 104th Congress), Section 16. Transportation
Executive Order The provisions of Executive Order 12372 “Intergovernmental review of Federal programsâ€, of July 14, 1982, appear at 47 FR 30959, 3CFR, 1982 Comp., p. 197.
Federal Regulations 49 CFR Parts 173.403, 385.4, 385.4(b), 385.415(b) refer to inspection requirements according to the Commercial Vehicle Safety Alliance handbook titled * North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403."
Environmental Protection Agency, Title 40 CFR Part 262, Standards Applicable to Generators of Hazardous Waste
Nuclear Regulatory Commission, Title 10 CFR Part 830.120 Quality Assurance Requirements
US NRC Directory of Certificates of Compliance for Radioactive Materials Packages; Certificates of Compliance (NUREG-0383, Volume 2, Revision 27)
US Dept. of Energy Directives, Guidance, and Delegations
  • DOE Order 151.1D, Comprehensive Emergency Management, 2016
  • DOE Order 153.1, Departmental Radiological Emergency Response Assets, 2007
  • DOE Order 200.1 A, Information Technology Management, 2008
  • DOE Order 231.1 B, Admin Chg. 1, Environment, Safety and Health Reporting, 2012
  • DOE Order 225.1 B, Accident Investigations, 2011
  • DOE Order 414.1 D, Chg. 1 (Admin Chg), Quality Assurance, 2013
  • DOE Order 435.1 Chg. 1, Radioactive Waste Management, 2001
  • DOE Manual 460.2-1 A, Radioactive Material Transportation Practices Manual, 2008
Federal Transportation Plan TRU Waste Transportation Pian, Revision 4, Effective Date: December 2016, DOE/GBFO-98-3103
Suggested Citation:"Appendix D: Legal and Regulatory Requirements for Transportation." National Academies of Sciences, Engineering, and Medicine. 2020. Review of the Department of Energy's Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant. Washington, DC: The National Academies Press. doi: 10.17226/25593.
×
Page 140
Suggested Citation:"Appendix D: Legal and Regulatory Requirements for Transportation." National Academies of Sciences, Engineering, and Medicine. 2020. Review of the Department of Energy's Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant. Washington, DC: The National Academies Press. doi: 10.17226/25593.
×
Page 141
Suggested Citation:"Appendix D: Legal and Regulatory Requirements for Transportation." National Academies of Sciences, Engineering, and Medicine. 2020. Review of the Department of Energy's Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant. Washington, DC: The National Academies Press. doi: 10.17226/25593.
×
Page 142
Next: Appendix E: States' Active Partnership Role in Safe Transportation »
Review of the Department of Energy's Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant Get This Book
×
Buy Paperback | $75.00 Buy Ebook | $59.99
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

In 2018, the National Academies of Sciences, Engineering, and Medicine issued an Interim Report evaluating the general viability of the U.S. Department of Energy’s National Nuclear Security Administration’s (DOE-NNSA’s) conceptual plans for disposing of 34 metric tons (MT) of surplus plutonium in the Waste Isolation Pilot Plant (WIPP), a deep geologic repository near Carlsbad, New Mexico. It provided a preliminary assessment of the general viability of DOE-NNSA’s conceptual plans, focused on some of the barriers to their implementation. This final report addresses the remaining issues and echoes the recommendations from the interim study.

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    Switch between the Original Pages, where you can read the report as it appeared in print, and Text Pages for the web version, where you can highlight and search the text.

    « Back Next »
  6. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  7. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  8. ×

    View our suggested citation for this chapter.

    « Back Next »
  9. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!