Kan. Admin. Regs. § 28-35-189a

Current through Register Vol. 43, No. 24, August 22, 2024

Section 28-35-189a - Advance notification of transport of nuclear waste

(a) Prior to the transport of any nuclear waste outside the confines of the licensee's facility or any other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, each licensee shall provide advance notification of such transport to the governor, or the governor's designee, of each state through which the waste will be transported. For the purpose of this regulation, "nuclear waste" means any large quantity of source, by-product, or special nuclear material required to be in type B packaging while transported to, through, or across state boundaries to a disposal site, or to a collection point for transport to a disposal site.

(b) Each advance notification required by this regulation shall contain the following information:

(1) the name, address, and telephone number of the shipper, carrier and receiver of the shipment;

(2) a description of the nuclear waste contained in the shipment as required by regulation of the U.S. department of transportation 49 CFR 172.202 and 172.203(d), as in effect July 1, 1984;

(3) the point of origin of the shipment and the seven day period during which departure of the shipment is estimated to occur;

(4) the seven day period during which arrival of the shipment at state boundaries is estimated to occur;

(5) the destination of the shipment, and the seven day period during which arrival of the shipment is estimated to occur; and

(6) a point of contact with a telephone number for current shipment information.

(c) The notification required by this regulation shall be made in writing to the office of each appropriate governor or the governor's designee and to the Kansas department of health and environment. A notification delivered by mail shall be postmarked at least seven days before the beginning of the seven day period during which departure of the shipment is estimated to occur. A notification delivered by messenger shall reach the office of each governor, or the governor's designee, at least four days before the beginning of the seven day period during which departure of the shipment is estimated to occur. A copy of the notification shall be retained by the licensee for one year.

(d) The licensee shall notify each appropriate governor, or the governor's designee, and the Kansas department of health and environment of any changes to the schedule information provided pursuant to this regulation. Such notification shall be by telephone to a responsible individual in the office of each appropriate governor, or to the governor's designee. The licensee shall maintain for one year a record of the name of the individual contracted.

(e) Each licensee who cancels a nuclear waste shipment for which advance notification has been sent shall send a cancellation notice to the governor, or the governor's designee, of each appropriate state and to the Kansas department of health and environment. A copy of the notice shall be retained by the licensee for one year.

(f) A list of the mailing addresses of each governor and each designee is available upon request from the director, office of state programs, U.S. nuclear regulatory commission, Washington, D.C. 20555.

Kan. Admin. Regs. § 28-35-189a

Authorized by and implementing K.S.A. 1984 Supp. 48-1607; effective, T-86-37, Dec. 11, 1985; effective May 1, 1986.