(1) Physical Half-life Considerations.
    (a) Consideration by the licensee must be given to the concentration of long-lived radionuclides, and their shorter-lived precursors, whose potential hazard will persist long after such precautions as institutional controls, improved waste form and deeper disposal have ceased to be effective. These precautions delay the time when long-lived radionuclides could cause exposures. In addition, the magnitude of the potential dose is limited by the concentration and availability of the radionuclide at the time of exposure.
    (b) Consideration by the licensee must be given to the concentration of shorter-lived radionuclides for which requirements on institutional controls, waste form and disposal methods are effective.
    (2) Classes of Low Level Radioactive Waste.
    (a) Class A waste is waste that is usually segregated from other waste classes at the disposal site. The physical form and characteristics of Class A waste must meet the minimum requirements set forth in paragraph (9)(a), below. If Class A waste also meets the stability requirements set forth in paragraph (9)(b), below, it is not necessary to segregate the waste for disposal.
    (b) Class B waste is waste that must meet more rigorous requirements on waste form to ensure stability after disposal. The physical form and characteristics of Class B waste must meet both the minimum and stability requirements set forth in subsection (9), below.
    (c) Class C waste is waste that not only must meet more rigorous requirements on waste form to ensure stability but also requires additional measures at the disposal facility to protect against inadvertent intrusion. The physical form and characteristics of Class C waste must meet both the minimum and stability requirements set forth in subsection (9), below.
    (3) Classification of Low Level Radioactive Waste Determined by Long-Lived Radionuclides Present. If the low-level radioactive waste contains only radionuclides listed in Table 1, classification shall be determined as follows:
    (a) If the concentration does not exceed 0.1 times the value in Table 1, the waste is Class A.
    (b) If the concentration exceeds 0.1 times the value in Table 1, the waste is Class C.
    (c) If the concentration exceeds the value in Table 1, the waste is not generally acceptable for near-surface disposal.
    (d) For wastes containing mixtures of radionuclides listed in Table 1, the total concentration shall be determined by the sum of fractions rule described in subsection (7), below.
Table 1
Concentration
Radionuclide
(Curies per cubic meter)
C-14
8
C-14 in activated metal
80
Ni-59 in activated metal
220
Nb-94 in activated metal
0.2
Tc-99
3
I-129
0.08
Radionuclide
(Nanocuries per gram)
Alpha emitting transuranic radionuclides with half-life greater than 5 years
100
Pu-241
3,100
Cm-242
20,000
Ra-226
100
    (e) To convert nanocuries to becquerels (Bq), multiply by 37. To convert curies to gigabecquerels (GBq), multiply by 37.
    (4) Classification of Low Level Radioactive Waste Determined by Short-Lived Radionuclides Present. If the low level radioactive waste does not contain any of the radionuclides listed in Table 1, classification shall be determined based on the concentrations shown in Table 2.
    (a) If the radioactive waste does not contain any radionuclides listed in either Table 1 or 2, the waste is Class A.
    (b) If the concentration does not exceed the value in Table 2, Column 1, the waste is Class A.
    (c) If the concentration exceeds the value in Table 2, Column 1, but does not exceed the value in Column 2, the waste is Class B.
    (d) If the concentration exceeds the value in Table 2, Column 2, but does not exceed the value in Column 3, the waste is Class C.
    (e) If the concentration exceeds the value in Table 2, Column 3, the waste is not generally acceptable for near-surface disposal.
    (f) For wastes containing mixtures of the radionuclides listed in Table 2, the total concentration shall be determined by the sum of fractions rule described in subsection (7), below.
Table 2
Concentration Curies per cubic meter
Radionuclide
Column 1
Column 2
Column 3
Total of all radionuclides with less than 5 year with less than 5 year
700
See paragraph (4)(g), below

H-3
40
See paragraph (4)(g), below

Co-60
700
See paragraph (4)(g), below

Ni-63
3.5
70
700
Ni-63 in activated metal
35
700
7,000
Sr-90
0.04
150
7,000
Cs-137
1
44
4,600
    (g) There are not limits established for the radionuclides specified in Table 2 for Class B or C wastes. Practical considerations such as the effects of external radiation and internal heat generation on transportation, handling and disposal will limit the concentrations for such wastes. Such wastes shall be Class B unless the concentrations of other radionuclides in Table 2 determine the waste to be Class C, independent of these radionuclides.
    (5) Classification of Low Level Radioactive Waste Determined by Both Long- and Short-Lived Radionuclides Present. If the radioactive waste contains a mixture of radionuclides, some of which are listed in Table 1, and some of which are listed in Table 2, classification shall be determined as follows:
    (a) If the concentration of a radionuclide listed in Table 1 is less than 0.1 times the value listed in Table 1, the class shall be that determined by the concentration of radionuclides listed in Table 2.
    (b) If the concentration of a radionuclide listed in Table 1 exceeds 0.1 times the value listed in Table 1, the waste shall be Class C, provided the concentration of radionuclides listed in Table 2 does not exceed the value shown in Table 2, Column 3.
    (6) Classification of Low Level Radioactive Wastes with Radionuclides Other Than Those Listed in Tables 1 and 2. If the radioactive waste does not contain any radionuclides listed in either Table 1 or 2, it is Class A.
    (7) The Sum of the Fractions Rule for Mixtures of Radionuclides. For determining classification for waste that contains a mixture of radionuclides, it is necessary to determine the sum of fractions by dividing each radionuclide’s concentration by the appropriate limit and adding the resulting values. The appropriate limits must all be taken from the same column of the same table. The sum of the fractions for the column must be less than 1.0 if the waste class is to be determined by that column.
Example: A waste contains Sr-90 in a concentration of 50 Ci per m3 (1.85 TBq per m3) and Cs-137 in a concentration of 22 Ci per m3 (814 GBq per m3). Since the concentrations both exceed the values in Table 2, Column 1, they must be compared to Column 2 values. For Sr-90 fraction 50/150 = 0.33; for Cs-137 fraction, 22/44 = 0.5; the sum of the fractions = 0.83. Since the sum is less than 1.0, the waste is Class B.
    (8) Determination of Concentrations in Low Level Radioactive Wastes. The concentration of a radionuclide may be determined by indirect methods such as use of scaling factors which relate the inferred concentration of one radionuclide to another that is measured, or radionuclide material accountability, if there is reasonable assurance that the indirect methods can be correlated with actual measurements. The concentration of a radionuclide may be averaged over the volume of the waste, or weight of the waste, if the units are expressed as nanocuries per gram.
    (9) Low Level Radioactive Waste Characteristics.
    (a) The following are minimum requirements for all three classes of radioactive waste specified in subsection (2), above, and are intended to facilitate handling and provide protection of health and safety of personnel at the disposal site.
    1. Radioactive wastes should be packaged in conformance with the conditions of the license issued to the site operator to which the waste will be shipped.
    2. Radioactive wastes shall not be packaged for disposal in cardboard or fiberboard boxes.
    3. Liquid radioactive waste must be solidified or packaged in sufficient absorbent material to absorb twice the volume of the liquid.
    4. Solid radioactive waste containing liquid shall contain as little freestanding and noncorrosive liquid as is reasonably achievable, but in no case shall the liquid be corrosive or exceed 1 percent of the volume.
    5. Radioactive waste shall not be readily capable of detonation or of explosive decomposition or reaction at normal pressures and temperatures, or of explosive reaction with water.
    6. Radioactive waste shall not contain, or be capable of generating, quantities of toxic gases, vapors or fumes harmful to persons transporting, handling or disposing of the waste. This does not apply to radioactive gaseous waste packaged in accordance with subparagraph (9)(a)8., below.
    7. Pyrophoric materials contained in radioactive wastes shall be treated, prepared and packaged to be nonflammable.
    8. Radioactive wastes in gaseous form shall be packaged at a gauge pressure that does not exceed 1.5 atmospheres at 20 degrees Celsius. Total activity shall not exceed 100 curies (3.7 TBq) per container.
    9. Radioactive wastes containing hazardous, biological, pathogenic or infectious material shall be treated to reduce to the maximum extent practicable the potential hazard from the nonradiological materials.
    (b) Radioactive waste shall have structural stability. A structurally stable waste form will generally maintain its physical dimensions and its form, under the expected disposal conditions such as weight of overburden and compaction equipment, the presence of moisture, and microbial activity, and internal factors such as radiation effects and chemical changes. Structural stability can be provided by the waste form itself, processing the waste to a stable form, or placing the waste in a disposal container or structure that provides stability after disposal.
    (c) Notwithstanding the provisions in subparagraphs (9)(a)3. and 4., above, liquid radioactive wastes, or radioactive wastes containing liquid, shall be converted into a form that contains as little freestanding and noncorrosive liquid as reasonably achievable, but in no case shall the liquid be corrosive or exceed 1 percent of the volume of the waste when the waste is in a disposal container designed to ensure stability, or 0.5 percent of the volume of the waste for waste processed to a stable form.
    (d) Void spaces within the radioactive waste and between the waste and its package shall be reduced to the extent practicable.
    (10) Package Labeling of Low Level Radioactive Waste. Each package of radioactive waste shall be clearly labeled to identify whether it is Class A, Class B or Class C waste, in accordance with subsections (1) through (8), above.
    (11) Reserved.
    (12) Transfer for Disposal and Manifests of Low Level Radioactive Waste.
    (a) Each shipment of radioactive waste to a licensed land disposal facility shall be accompanied by a shipment manifest that contains the name, address and telephone number of the person generating the waste. The manifest shall also include the name, address and telephone number or the name and U.S. Environmental Protection Agency hazardous waste identification number of the person transporting the waste to the land disposal facility. The manifest shall also indicate as completely as practicable:
    1. A physical description of the waste,
    2. The waste volume,
    3. Radionuclide identity and quantity,
    4. The total radioactivity; and,
    5. The principal chemical form.
The solidification agent, is used, shall be specified. Wastes containing more than 0.1 percent chelating agents by weight shall be identified and the weight percentage of the chelating agent estimated. Wastes classified as Class A, Class B or Class C in subsections (1) through (8), above, shall be clearly identified as such in the manifest. The total quantity of the radionuclides H-3, C-14, Tc-99 and I-129 shall be shown.
    (b) The manifest required in paragraph (12)(a), above, may be shipping papers used to meet U.S. Department of Transportation or U.S. Environmental Protection Agency regulations or requirements of the receiver, provided all the required information is included.
    (c) Each manifest shall include a certification by the radioactive waste generator that the transported materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation according to the applicable regulations of the U.S. Department of Transportation and the Department. An authorized representative of the waste generator shall sign and date the manifest.
    (d) Any licensee who transfers radioactive waste to a land disposal facility or a licensed waste collector shall comply with the following requirements. Any licensee who transfers waste to a licensed waste processor who treats or repackages waste shall comply with the requirements of subparagraphs (12)(d)4. through 8., below. A licensee shall:
    1. Prepare all radioactive wastes so that the waste is classified according to subsections (1) through (8), above, and meets the waste characteristics requirements in subsection (9), above,
    2. Label each package of waste to identify whether it is Class A waste, Class B waste or Class C waste, in accordance with subsections (1) through (8), above,
    3. Conduct a quality control program to assure compliance with subsections (1) through (9), above; the program must include management evaluation of audits,
    4. Prepare shipping manifests to meet the requirements of paragraphs (12)(a) and (c), above,
    5. Forward a copy of the manifest to the intended recipient at the time of shipment; or, deliver to a collector at the time the radioactive waste is collected, obtaining acknowledgment of receipt in the form of a signed copy of the manifest from the collector,
    6. Include one copy of the manifest with the shipment,
    7. Retain a copy of the manifest with documentation of acknowledgment of receipt as the record of transfer of licensed material as required by these regulations; and,
    8. For any low level radioactive waste shipments or any part of a shipment for which acknowledgment of receipt has not been received within the times set forth in this subsection, conduct an investigation in accordance with paragraph (12)(g), below.
    (e) Any waste collector licensee who handles only radioactive wastes that have been prepackaged shall:
    1. Acknowledge receipt of the radioactive waste from the generator within 1 week of receipt by returning a signed copy of the manifest,
    2. Prepare a new manifest to reflect consolidated shipments; the new manifest shall serve as a listing or index for the detailed generator manifests. Copies of the generator manifests shall be a part of the new manifest. The waste collector may prepare a new manifest without attaching the generator manifests, provided the new manifest contains for each package the information specified in paragraph (12)(a), above. The collector licensee shall certify that nothing has been done to the waste which would invalidate the generator’s certification,
    3. Forward a copy of the new manifest to the land disposal facility operator at the time of shipment,
    4. Include the new manifest with the radioactive waste shipment to the disposal site,
    5. Retain a copy of the manifest with documentation of acknowledgment of receipt as the record of transfer of licensed material as required by these regulations, and retain information from generator manifests until disposition is authorized by the department; and,
    6. For any low level radioactive waste shipments or any part of a shipment for which acknowledgment of receipt is not received within the times set forth in this subsection, conduct an investigation in accordance with paragraph (12)(g), below.
    (f) Any licensed waste processor who treats or repackages low level radioactive wastes shall:
    1. Acknowledge receipt of the radioactive waste from the generator within 1 week of receipt by returning a signed copy of the manifest or equivalent documentation,
    2. Prepare a new manifest that meets the requirements of paragraphs (12)(a) and (c), above. Preparation of the new manifest reflects that the processor is responsible for the waste,
    3. Prepare all low level radioactive wastes so that the waste is classified according to subsections (1) through (8), above, and meets the waste characteristics requirement in subsection (9), above,
    4. Label each package of waste to identify whether it is Class A waste, Class B waste or Class C waste, as specified in subsections (1) through (8) and (10), above,
    5. Conduct a quality control program to assure compliance with subsections (1) through (9), above. The program shall include management evaluation of audits,
    6. Forward a copy of the new manifest to the disposal site operator or waste collector at the time of shipment, or deliver to a collector at the time the radioactive waste is collected, obtaining acknowledgment of receipt in the form of a signed copy of the manifest by the collector,
    7. Include the new manifest with the shipment,
    8. Retain copies of original manifests and new manifests with documentation of acknowledgment of receipt as the record or transfer of licensed material required by these regulations; and,
    9. For any low level waste shipment or part of a shipment for which acknowledgment if not received within the times set forth in this section, conduct an investigation in accordance with paragraph (12)(g), below.
    (g) The land disposal facility operator shall:
    1. Acknowledge receipt of the waste within 1 week of receipt by returning a signed copy of the manifest or equivalent documentation to the shipper. The shipper to be notified is the licensee who last possessed the waste and transferred the waste to the operator. The returned copy of the manifest or equivalent documentation shall indicate any discrepancies between materials listed on the manifest and materials received,
    2. Maintain copies of all completed manifests or equivalent documentation until the department authorizes their disposition; and,
    3. Notify the shipper and the department when any shipment or portion of a shipment has not arrived within 60 days after the advance manifest was received.
    (h) Any low level radioactive waste shipment or part of a shipment for which acknowledgment is not received within the times set forth in this section must:
    1. Be investigated by the shipper if the shipper has not received notification of receipt within 20 days after transfer; and,
    2. Be traced and reported. The investigation shall include tracing the shipment and filing a report with the Department. Each licensee who conducts a trace investigation shall file a written report with the department within 2 weeks of completion of the investigation.
    (13) Beginning March 1, 1998, all licensees shall comply with Requirements for Low-Level Radioactive Waste Disposal. Prior to March 1, 1998, a low-level waste disposal facility operator or its regulatory authority can require the shipper to use requirements specified in subsection (12), above.
Rulemaking Authority 404.051, 404.061, 404.20 FS. Law Implemented 404.051(1), (4), 404.061(2), 404.20(1) FS. History-New 1-1-94, Amended 5-15-96, Formerly 10D-91.468, Amended 5-18-98.