CHAPTER II

RADIOACTIVE WASTE TRANSPORTATION (MOTOR CARRIER - RAILROAD)

Section 1. Authority. These rules of practice and procedure are promulgated by authority of W.S.

37-14-103.

Section 2. Purpose of Rules. These rules are intended to provide a uniform and understandable interpretation of the undefined portion of W.S. 37-14-103.

Section 3. Definitions.

1. (a) “Department” means the Wyoming Department of Transportation
2. (b) “Fee” means the emergency response fee of $200 per package required by W.S. 37-14- 103(a);
3. (c) “Material Changes” means whenever the mode of transportation or the material transported is changed from that listed on the original permit.
4. (d) “Package” means a container plus its contents that are assembled to assure compliance with the minimum federal packaging requirements for radioactive waste;
5. (e) “Permit” means a temporary or permanent permit to transport radioactive waste issued pursuant to this rule as authorized by W.S. 37-14-103(a);
6. (f) “Person” means individuals, associations of individuals, firms, partnerships, companies, corporations, their lessees, trustees, or receivers, appointed by any court whatsoever in the singular number as well as the plural;

7. (g) “Radioactive waste” means;

   1. (i) highway route controlled quantities of radioactive waste as defined in 49 CFR 173.403(1) as amended as of January 1, 1989; and
   2. (ii) nuclear waste being transported to the waste isolation pilot plant in New Mexico, to any facility established pursuant to Section 135 of the Federal “Nuclear Waste Policy Act of 1982” as amended, 42 U.S.C. 10101, et seq., to any repository licensed for the permanent deep geological disposal of high level radioactive waste and spent nuclear fuel, or to any monitored retrievable storage facility established pursuant to Section 141 of the Federal “Nuclear Waste Policy Act of 1982” as amended;
8. (h) “Rules,” unless the context clearly requires otherwise, means the Wyoming Department of Transportation’s Rules and Regulations of which this Section is a part;
9. (i) “Temporary permit” means a permit to transport radioactive waste issued pursuant to this rule and valid only for a single trip transporting radioactive waste within or through Wyoming; and
10. (j) “Transportation” or “transport” means the transport by any means of radioactive waste destined for or derived from any location, and any loading, unloading or storage incident to such transport. The terms do not include the permanent storage or disposal of the radioactive waste.

Section 4. Permit Required.

1. (a) Any person representing and wishing to transport radioactive waste within or through Wyoming must have a permit issued by the Department or its duly designated agent.
2. (b) There is no application fee for a permit. Once it is granted, the permit shall remain in force until revoked and shall be valid for all shipments of radioactive waste by the permit holder; pro- vided, however, that a temporary permit covering a single trip within or through Wyoming may be issued if requested by the applicant.
3. (c) A copy of the permit form shall be carried by the carrier with the load being transported.

4. (d) A permit may be denied or revoked for:

   1. (i) non-payment, when they are due, of any emergency response fees provided for in W.S. 37-14-103;

   2. (ii) the revocation or cancellation:

      1. (A) by the federal government of an applicant’s contract for the transportation of radioactive waste; or
      2. (B) by the granting jurisdiction’s revocation of an applicant’s authority to serve as a carrier;
   3. (iii) violation of safety rules and regulations applicable to radioactive waste transportation; or
   4. (iv) omission or misstatement of a material fact on an application.

5. (e) Permit application forms are available from the Wyoming Department of Transportation, Regulatory Section, 5300 Bishop Blvd., Cheyenne, Wyoming 82009, at all Wyoming Ports of Entry and at all Wyoming Highway Patrol offices. The application shall contain:

   1. (i) The name, address and general business telephone number of the applicant, telephone number of the applicant that will be answered at any time for emergencies, and a statement that the applicant has a 24-hour telephone number for all of the persons for whom the applicant is trans- porting radioactive waste;
   2. (ii) A general description of the radioactive waste intended for transport which should include the type of material to be transported, the number of shipments and packages, description of the packages and the estimated radioactivity per shipment (precise information is not necessary if unavailable for security or other reasons);
   3. (iii) A description of the mode of transportation, the route or routes to be taken and the approximate schedule (precise information is unnecessary if unavailable for security or other reasons);
   4. (iv) A general description of any violations by the carrier of any local, state or federal regulations within the past year related to radioactive waste transportation or an accident resulting in the release of radioactivity;
   5. (v) A statement that the application is for a permanent or temporary permit as the case may be; and
   6. (vi) Any other information the applicant provides which might assist the state in case of an accident.

Section 5. Issuing Permits. The Department authorizes its Regulatory Section and each Port of Entry to issue temporary permits to motor carriers upon receipt of a proper application Completely filled out. Copies of all temporary permits shall be forwarded by the issuing entity to the Regulatory Section as soon as they are issued. Railroads seeking permanent permits shall apply directly to the Regulatory Section. Motor carriers seeking permanent permits may apply directly to the Regulatory Section or may hand deliver an application to a Wyoming Port-ofEntry which shall forward it to the Regulatory Section.

Applications shall be acted upon by the Department within thirty days of the date of the application.

During those thirty days, the applicant may transport radioactive waste as if a permit had been granted and shall pay all applicable emergency response fees and comply with all applicable rules and regula- tions concerning radioactive waste transportation.

Section 6. Fee Payment. The emergency response fee of $200 per package of radioactive waste shall be paid to the Wyoming Department of Transportation (Accounting Program), 5300 Bishop Blvd., Cheyenne, Wyoming 82009.

Section 7. Continuing Notification Requirement.

1. (a) Each permit holder shall notify the Department within ten (10) days after any of the following shall occur;

   1. (i) A permit holder loses its carrier operating authority;
   2. (ii) A permit holder ceases to transport radioactive waste as hereinabove defined and therefore wishes voluntarily to relinquish the permit; and
   3. (iii) A carrier or railroad has been cited for a violation of safety rules or regulations applicable to radioactive waste transportation (reporting of this information is voluntary except in the case of an accident resulting in the release of radioactivity).
2. (b) Whenever the radioactive waste transportation activities of permittee change in any material way, that fact shall be reported in writing to the Department’s Regulatory Section within ten (10) days. If no material changes have taken place, the permittee shall report this fact in writing to the Department no less often than annually.

Section 8. Permit and Application Forms. The application and permit forms shall be generally as set forth below: WYOMING DEPARTMENT OF TRANSPORTATION

RADIOACTIVE WASTE TRANSPORTATION PERMIT APPLICATION FORM for a PERMANENT PERMIT TEMPORARY PERMIT (only for one trip described below)

1. ___________________________________________________________________________ Name of Carrier

2. __________________________________________________________________________ Address and regular business telephone number of Carrier

3. __________________________________________________________________________ Contact Person and 24-hour emergency telephone number which will always be answered

4. General description of radioactive waste intended for transport, including type of material, estimate number of shipments and packages, description of packages and estimated radioactivity per shipment

(precise information not necessary if unavailable) :

_______________________________________________________________________________ ____________________________________________________________________________ ___

5. Description of mode of transportation, route or routes to be taken and approximate schedule (precise information not necessary if unavailable):

_______________________________________________________________________________ ____________________________________________________________________________ ___

6. Describe any violations by applicant of any local, state or federal regulations in the past year relating to radioactive waste transportation (if none, so state) (completion of this section is voluntary except in the case of an accident resulting in the release of radioactivity):

_______________________________________________________________________________ ____________________________________________________________________________ ___

7. Other information which would be of assistance in case of an accident involving radioactive waste

(completion of this section is voluntary) :

_______________________________________________________________________________ ____________________________________________________________________________ ___

READ CAREFULLY BEFORE SIGNING I hereby certify that the information given to obtain the requested permit is true and correct. I hereby certify that the carrier has a 24 hour telephone number for all of the persons for whom the carrier is transporting radioactive waste under the permit. The carrier agrees to pay all emergency response fees (at the rate of $200 per package transported) to become due under the rules and reporting requirements of the Wyoming Department of Transportation (Accounting Program) 5300 Bishop Blvd., Cheyenne, Wyoming 82009. The carrier agrees to obey all placarding and safety requirements for the transportation of radioactive waste as set forth in Title 49 of the Code of Federal Regulations (CFR). I understand that, if this application is for a permanent permit, I may trans- port radioactive waste within and through Wyoming for thirty (30) days after the date of application set forth below without a permit, that I will pay all applicable emergency response fees associated with such transportation and that I will obey all applicable radioactive waste transportation safety regulations during this time. I understand the carrier’s duty to provide supplemental information under the rules of the Wyoming Department of Transportation. I understand that, If this application is for a temporary permit, I may elect to pay my emergency response fees at the time the permit is granted or to pay quar- terly as billed to me by the Wyoming Department of Transportation (Accounting Program) 5300 Bishop Blvd., Cheyenne, Wyoming 82009. Based on the foregoing, I hereby apply for a permanent/temporary

(circle one) permit to transport radioactive waste within and through Wyoming.

Carrier Name:______________________________________________________________________

By: __________________________________________________Date_________________ Signature of Authorized Representative

Wyoming DOT Docket No. M-______________________Permit No. _________________

PERMIT TO TRANSPORT RADIOACTIVE WASTE (Issued pursuant to W.S. 37-14-103)

Granted to the above carrier, for radioactive waste transportation as described above, on _______________, 19 ____, at ________am pm (circle one) by _____________________ at _____________________, Wyoming. (Station and clerk number (for temporary permit) if applicable: ______________________________.)

_______________________________________ SIGNATURE OF ISSUING AUTHORITY

CARRIER PLEASE NOTE: This is one of two documents which must be carried to transport radioactive waste within or through Wyoming. Both the Emergency Response Fee Report for the load being transported and a copy of the Permit to Transport Radioactive Waste must be carried with the load being transported.

WYOMING DEPARTMENT OF TRANSPORTATION

RADIOACTIVE WASTE TRANSPORTATION PERMIT APPLICATION FORM for a PERMANENT PERMIT

1. _______________________________________________________________________ Name of Railroad

2. _______________________________________________________________________ Address and regular business telephone number of railroad

3. _______________________________________________________________________ Contact Person and 24-hour emergency telephone number will always be answered

4. General description of radioactive waste intended for transport, including type of material, estimated number of shipments and packages, description of packages and estimated radioactivity per shipment

(precise information not necessary if unavailable) :

____________________________________________________________________________ ____________________________________________________________________________

5. Description of mode of transportation, route or routes to be taken and approximate schedule (precise information not necessary if unavailable):

____________________________________________________________________________ ____________________________________________________________________________

6. Describe any violations by applicant of any local, state or federal regulations in the past year relating to radioactive waste transportation (if none, so state) (completion of this section is voluntary except in the case of an accident resulting in the release of radioactivity):

_____________________________________________________________________________ ____________________________________________________________________________ _

7. Other information which would be of assistance in case of an accident involving radioactive waste

(completion of this section is voluntary) :

_____________________________________________________________________________ ____________________________________________________________________________ _

READ CAREFULLY BEFORE SIGNING I hereby certify that the information given to obtain the requested permit is true and correct. I hereby further certify that the railroad has a 24 hour telephone number for all of the persons for whom the railroad is transporting radioactive waste under the permit.

The railroad agrees to pay all emergency response fees (at the rate of $200 per package transported) to become due under the rules and reporting requirements of the Wyoming Department of Transportation

(Accounting Program) , 5300 Bishop Blvd., Cheyenne, Wyoming 82009. The railroad agrees to obey all placarding and safety requirements for the transportation of radioactive waste. I understand that, under this application for a permanent permit, I may transport radioactive waste within and through Wyoming for thirty (30) days after the date of application set forth below without a permit, that I will pay all applicable emergency response fees associated with such transportation and that I will obey all appli- cable radioactive waste transportation safety regulations during this time. I understand the railroad’s duty to provide supplemental information under the rules of the Regulatory Section of the Department.

Based on the foregoing, I hereby apply for a permanent permit to transport radioactive waste within and through Wyoming.

RAILROAD Name: _________________________________________________________________________

By: ______________________________________________Date: _________________ Signature of Authorized Representative

PERMIT TO TRANSPORT RADIOACTIVE WASTE (Issued pursuant to W.S. 37-14-103) PERMANENT

Granted to the above, railroad for radioactive waste transportation as described above, on ______________, 19_____, at _______________am pm (circle one) by __________________ at _______________, Wyoming.

____________________________________ Signature of Issuing Authority

Wyo DOT Form RWT-1 (10-91) Railroads Wyo DOT Form RWT-1 (10-91) Motor Carrier