Guidance for Use of DOE Certified Type B or Fissile Packaging for TRU Waste Shipments
This guidance applies only to DOE elements or persons working under contract to DOE elements
DOE elements means programs, operations offices, field/site offices, and other organizational units of the Department of Energy, excluding those of the National Nuclear Security Administration. The list of DOE elements is here. 
(link to DOE Directives website).
This guidance only applies to DOE elements and persons under contract to DOE elements for use of DOE certified Type B or fissile radioactive materials packagings to ship transuranic (TRU) waste.
References for Requirements
The information in this section is based on email dated June 7, 2018 from DOE Office of the General Counsel (GC-72) to the DOE Packaging Certification Program Manager.
Generally speaking, all TRU waste shipments in the western states must comply with the protocols and procedures in the TRU Waste Transportation Plan (DOE/CBFO-98-3103) unless alternative arrangements have been negotiated by DOE with affected states and tribes. The Western Governors' Association (WGA) Memorandum of Agreement (MOU) with the Secretary of Energy, Regional Protocol for the Safe and Uneventful Transportation of Transuranic (TRU) Waste (WGA MOA), applies to all TRU waste shipments originating in or destined for the west and provides that TRU waste shipments follow the WGA WIPP Transportation Safety Program Implementation Guide (WGA-TSPIG-2017) and TRU Waste Transportation Plan, unless otherwise agreed to between DOE and the states.
The Southern Governors' Association and South States Energy Board (SSEB) and have a similar MOA with DOE (SSEB-MOA), and SSEB Transportation Planning Guide for U.S. Department of Energy's Shipments of Transuranic Waste (SSEB-TPG-2014).
DOE Manual 460.2-1A, Radioactive Material Transportation Practices Manual, also requires all offsite TRU waste shipments to follow the protocols in the TRU Waste Transportation Plan, unless an alternative agreement has been reached with affected states and tribes.
Packagings used for shipment of TRU waste from or to WIPP must be certified by the Nuclear Regulatory Commission (NRC). (ref Section 16, Transportation, Public Law 102-579, The Waste Isolation Pilot Plant Land Withdrawal Act of 1992, as amended)
Applicability to Applicants and Registered Users for use of DOE Certified Type B or Fissile Radioactive Materials (RAM) Packagings for Shipments of TRU Waste
Only packagings certified by NRC are authorized for TRU waste shipments to WIPP.
Use of Type B or fissile RAM packagings certified by DOE for intrasite shipments of TRU waste require alternative arrangements negotiated with the affected states and tribes. Consequently, it is the responsibility of the certificate holder or the registered user consigning the package for shipment to obtain an alternative agreement with the affected states and tribes, prior to shipment.
Type B or fissile material packages certified by the DOE Certifying Official, with TRU waste as authorized contents, will include as a condition of use in the Certificate of Compliance the statement: "Use of this packaging for DOE intrasite shipments (i.e., between DOE sites) of TRU waste must be agreed to, in writing, between DOE and the affected states prior to shipment."
Questions or comments? Contact the DOE Packaging Certification Program Manager, Dr. Shuler, (301) 903-5513, james.shuler@em.doe.gov
Added 7/10/2020