Frequently Asked Questions about LLRW Tracking Program=
(Revised
11/10/09)
Note: If you have a question that is not answered aft= er reviewing this list of FAQ’s, please submit your specific question/comment via the following e-mail address, LLRWTracking@dhs.ca.gov, or if= you require an immediate response, contact your local State or County inspecti= on office or Eric Pulley at (916) 440-7966.
| Office |
Contact Nu=
mber |
Contact |
|
RHB ICE =
South |
(714) 52=
4-1203 |
Donald O=
esterle |
|
RHB ICE =
North |
(510) 62=
0-3419 |
Kent Pre=
ndergast |
|
RHB |
(916) 44=
0-7955 |
Roger Lu=
po |
|
LA Count=
y |
(213) 35=
1-7387 |
Jeff Day=
|
|
|
(858) 69=
4-3616 |
Ron Yone=
mitsu |
|
LLRW Tra=
cking
Program |
(916) 44=
0-7966 |
Eric Pul=
ley |
(Table revised 1-29-2013)
CA Health and Safety Code, section 115000.1 = is the law that requires LLRW tracking. The law became effective January 1, 2003.
The H&S code may be accessed at http://www.leginfo.ca.gov/ca= law.html by checking the Health and Safety Code box; then enter ‘LLRW’ = in the keyword search field to start the search. The search will give you a listin= g of the H&S code sections found for the keyword search criteria. Choose from the list the selectio= n that contains H&S code sections 114990-115055. This will bring up the H&S co= de page containing H&S code, section115000.1.
The portions of H&S Code 115000.1 that a=
re
applicable to licensees/generators are 115000.1(a), which contains definit=
ions;
115000.1(h), which specifies licensee/generator reporting requirements; and
115000.1(d) and 115000.1(c)(3)(L), which are referenced in 115000.1(h).
· Have you, directly or indirectly through a broker or a manufacturer, shipped LLRW to the Barnwell, SC; Clive UT; or Richland, WA licensed LLRW d= isposal site, including LLRW shipped to the licensed LLRW disposal site after trea= tment at a waste processor facility?
· Have you stored LLRW for any purpose, inclu= ding for decay in storage, and do you possess stored LLRW as of December 31?
If you answered YES= to either of these questions, you are impacted and you are required to report in accordance with H&S 115000.1(h), as specified in these FAQs.
· The law requires that each generator submit= to the Department the information included in Forms 540, 5= 41, and 542 (Uniform Waste Manifest), and any successor forms, of the Nuclear Regulatory Commission (NRC), for each LLRW shipment.
· In addition, each generator is required to annually provide a report to the Department, using the information include= d on Forms 540, 541, and 542, of the NRC, as applicable, that accounts for the = LLRW stored and shipped by the generator during the reporting period. The purpose of the annual report = is to provide the information required in sections 115000.1 (c) (3) (L) and 1150= 00.1 (d) of the Health and Safety Code. If all shipped LLRW was reported during the year, an additional ann= ual report of shipped LLRW is not necessary.&= nbsp; See FAQ #6 for guidance concerning reporting stored LLRW.
The generators need to submit the Nuclear Regulatory Commission’s Forms 54= 0, 54= 1, and 542, Uniform Low-Level Radioactive Waste Manifest for each such shipment.
For LLRW shipments that are made through a w= aste collector who ships the LLRW directly to the licensed LLRW disposal facili= ty, the generator needs to submit a copy of the NRC 542 form prepared by the w= aste collector (in addition to their own NRC 540 and 541 forms).
For LLRW shipments that go to a waste proces= sor who subsequently ships the LLRW to a licensed LLRW disposal facility, the gene= rator needs to submit a copy of the NRC 540, 541 and 542 forms prepared by the w= aste processor (in addition to their own NRC 540 and 541 forms).
If a waste collector or a wa= ste processor declines to provide their manifest forms to the waste generator,= the waste generator needs to submit documentation of such denial (in addition = to their own NRC 540 and 541 forms). <= /span>
Send the required informat= ion to the LLRW Tracking Program at the following address
<= /span>
<= /span>California Department of Public Health
<= /span>Radiologic Health Branch, MS 7610
<=
/span>
<=
/span>
<= /span>Attn: LLRW TRACKING PROGRAM
a.= For LLRW that is being held as of December 31 of the reporting year because the generator knows or has reason to believe that the LLRW would not be accept= ed for disposal at any of the LLRW disposal facilities, the licensee/generator needs to provide the information specified in 115000.1(c)(3)(L) annually.<= span style=3D'mso-spacerun:yes'> The specified information (activi= ty by radionuclide and waste class, total volume and volume by class, and descri= ption of the waste) can be provided by utilizing NRC Form 541, as applicable, or= a separate report can be provided, as long as all of the specified informati= on and generator identifying information are provided. If the NRC form is utilized, the following guidance should be followed:&nb= sp;
·
=
At top
of NRC Form 54=
1 state the form is being used to report
storage because no disposal facility will accept the LLRW. Also, provide licensee contact and
contact phone number is case clarification of submitted information is nee=
ded.
·
=
No entry
should be made for item 1 on Form 54=
1.
·
=
Complete
items 2, 3, and 4 on Form 54=
1, listing reporting year in item 2,
pagination information in item 3, and generator name and radioactive mater=
ials
license number in item 4.
·
=
No
entries should be made for items 5-10, except that licensees can use this =
space
to record identifying container information if desired for their own purpo=
ses.
·
=
Complete
items 11-16 as appropriate. =
Note
that activity must be provided by radionuclide for each waste class. Also, volume must be provided for=
each
waste class. Provide summary=
totals
for: 1) activity by radionuclide, 2) activity by waste class, 3) volume by
waste class, and total volume.
b.&=
nbsp;
=
For
LLRW that is being held as of December 31 of the reporting year for decay =
or
for later disposal, but, not including LLRW reported in accordance with
115000.1(c)(3)(L), the information specified in 115000.1(d) needs to be
provided annually. The speci=
fied
information, including activity by radionuclide and waste class, total vol=
ume
and volume by waste class, and period of time stored separately for both L=
LRW
stored for decay and stored for later disposal, can be provided by utilizi=
ng
NRC Form 54=
1, as applicable, or a separate report=
can be
provided, as long as all of the specified information and generator identi=
fying
information are provided. If=
the
NRC form is utilized, the following guidance should be followed:
·
=
At the
top of NRC Form 54=
1, state whether the form is being used =
to
report storage for decay or storage awaiting shipment. A separate Form 541 should be use=
d for
each of the categories of stored LLRW possessed as of December 31 of the r=
eporting
year. Also provide licensee =
contact
and contact phone number in case clarification of submitted information is
needed.
·
=
No
entry should be made for item 1 on Form 54=
1.
·
=
Complete
items 2, 3, and 4 on Form 54=
1, listing reporting year in item 2,
pagination information in item 3, and generator name and radioactive mater=
ials
license number in item 4.
·
=
No entries
should be made for items 5-6, except that licensees can use this space to
record identifying container information, if desired, for their own purpos=
es.
·
=
Change
the heading for item 7 to “Time Stored (months)” and indicate =
the
months the LLRW has been stored for decay or awaiting shipment. For decay in storage containers, =
the
time stored should be based on the date the container is closed (i.e., dat=
e the
last addition is made to the container).
·
=
No
entries should be made for items 8-10.
·
=
Complete
item 11-16 as appropriate. N=
ote
that activity must be provided by radionuclide for each waste class. Also volume must be provided for =
each
waste class. Provide summary=
totals
for: 1) activity by radionuclide, 2) activity by waste class, 3) volume by
waste class, and total volume.
California
Health and Safety Code section 115000.1(h) requires generators of LLRW to
annually submit information to the department (Radiologic Health Branch)
concerning LLRW shipped and stored; however, no submittal date for the ann=
ual
reports is specified in the law. &nb=
sp;
The
annual reporting requirement will be considered to have been met if the
information is submitted by June 30 of the year following the reporting
calendar year. The informati=
on for
past calendar years 2003, 2004, 2005, and 2006 should be submitted by July=
31,
2007.
If special circumstances do =
not allow
submittal of the annual report by June 30 of the following year, contact t=
he
Radiologic Health Branch in writing with the reason for the delay and the
anticipated submittal date. =
An
email to LLRWTracking@dhs.ca.gov can be used to report
delays in reporting.
Generators can call the LLRW Tracking Program Question line at 916-650-0585= to leave questions. Alternative= ly, generators may email questions to LLRWTracking@dhs.ca.gov. Answers to these questions will be provided in periodic updates to the LLRW FAQ answers section of the RHB web site. If you submit a questi= on and it is not answered in the next update to the FAQ’s, or if you require more timely assistance, you should contact your local State or County inspection office or Roger Lupo at 916-440-7955.
| Office |
Contact Nu=
mber |
Contact |
|
RHB ICE South |
(714) 257-2031 |
Donald Oesterle |
|
RHB ICE North |
(510) 620-3419 |
Kent Prendergast |
|
RHB |
(916) 440-7940 |
Steve Hsu |
|
LA County |
(213) 351-7387 |
Cass Kaufman |
|
|
(619) 338-2493 |
Ron Yonemitsu |
|
LLRW Tracking Program |
(916) 440-7955 |
Roger Lupo |
a.&= nbsp; I am a medical licensee, such as: hospital, nuclear medicine clinic or offic= e, authorized to use and dispose of radioisotopes, with half-lives less than = 120 days, by decay in storage for later disposal as regular trash. I DO NOT ship LLRW, either directly or indirectly by a licensed LLRW broker, for disposal at the lice= nsed disposal facilities. Would I= have to file an annual report?
Yes, but only for the LLRW stored for dec=
ay as of
December 31 of the reporting year.
b.&= nbsp; I am a cardiologist licensed for nuclear cardiology procedures provided by a mobile service and all the LLRW generated during patient treatments are transferred to the mobile service for disposal. Would I be required to file an an= nual report?
No, you are not require=
d to file
an annual report.
c.&= nbsp; I have a small nuclear medicine program.&nb= sp; I return all unused radioactive dosages and contaminated materials = to the nuclear pharmacy. I do n= ot ship LLRW or hold radioactive material for decay in storage. Would I be required to file and a= nnual report?
No, you are not require=
d to file
an annual report; however, the nuclear pharmacy to which you return the wa=
ste
materials would have to file an annual report for any LLRW they ship or LL=
RW
they have stored as of December 31 of the reporting year.
d.&= nbsp; I operate a clinical laboratory using Radioimmuno-Assay (RIA) kits containing iodine-125 and/or 131 and I am authorized to dispose= of the kits by decay in storage for later disposal as regular trash. In addition, I DO NOT ship= LLRW, either directly or indirectly by a licensed LLRW broker, for disposal at t= he licensed disposal facilities. Would I be required to file an annual report?
Yes, but only for the LLRW stored for dec=
ay as
of December 31 of the reporting year.
No, you are not require=
d to file
an annual report.
f.&=
nbsp;
I am
licensed to use radioactive sealed sources in industrial radiographic devi=
ces
for non-destructive testing. I ONLY transfer the sealed sources to a licensed industrial radiographic d=
evice
radioactive source manufacturer for re-sourcing, without shipping the seal=
ed
sources as LLRW, either directly or indirectly by a licensed LLRW broker, =
for
disposal at the licensed disposal facilities. Would I be required to file an an=
nual
report?
No, you are not required to file an annual
report.
g.&= nbsp; I am a research laboratory and/or a biotech firm that is authorized for radioisotopes with half-lives less than 120 days to use and dispose of radioactive material by decay in storage for later disposal as regular trash. I DO NOT ship = LLRW, either directly or indirectly by a licensed LLRW broker, for disposal at t= he licensed disposal facilities. Would I have to file an annual report?
Yes, but only for the LLRW stored for dec=
ay as
of December 31 of the reporting year.
The LLRW generator should = provide a separate report for such LLRW indicating best estimates of the reporting information, or if estimates are not possible, the reason for the lack of estimates should be explained. At such time as this LLRW is fully characterized, a separate report should be submitted providing the information specified in H&S Code section 1150= 00.1 (c)(3)(L) or (d), and noting the reason that the separate report is being submitted.
LLRW has the same meaning as defined in Arti= cle 2 of the Southwestern Low-Level Radioactive Waste Disposal Compact, as set f= orth in the Health and Safety Code section 115255.
Excerpt from Health and Safety Code section = 115255:
(I) "L=
ow-level
radioactive waste" means regulated radioactive material that meets al=
l of
the following requirements:
(1) The was=
te is not
high-level radioactive waste, spent nuclear fuel, or byproduct material (as
defined in Section 11e (2) of the Atomic Energy Act of 1954 (42 U.S.C. Sec.
2014(e) (2))).
(2) The was=
te is not
uranium mining or mill tailings.
(3) The was=
te is not
any waste for which the federal government is responsible pursuant to
subdivision (b) of Section 3 of the Low-Level Radioactive Waste Policy
Amendments Act of 1985 (42 U.S.C. Sec. 2021c(b)).
(4) The was=
te is not
an alpha emitting transuranic nuclide with a half-life greater than five y=
ears
and with a concentration greater than 100 nanocuries per gram, or Plutoniu=
m-241
with a concentration greater than 3,500 nanocuries per gram, or Curium-242=
with
a concentration greater than 20,000 nanocuries per gram.
A LLRW disposal facility means any of the th=
ree
disposal facilities located at
These are waste classifications for LLRW dis=
posed in
near surface disposal facilities such as noted in FAQ # 11.b above. The waste classifications are def=
ined in
federal regulation 10
CFR 61.55, which can be accessed at the U.S. Nuclear Regulatory Commis=
sion
website www.nrc.gov. Upon accessing that website, sele=
ct the
Electronic Reading Room, Basic References,
Statues, Regulations, NRC Regulations (10CFR) maintained by NRC, select li=
nk to
10 CFR, select quick link to part 61.&nbs=
p;
Scroll down and select 61.55
Waste Classification.