State Permits and Fees for the Transportation of Radioactive Materials

6/8/2020

NCSL Contact

Jonathon Bates

At least 27 states and the District of Columbia, plus one federally recognized tribe—the Menominee Indian Tribe of Wisconsin—have laws addressing a variety of issues related to the shipment of radioactive materials, including permitting, registration and fee structures. Shipping fees generally apply to both truck and rail shipments. They can range from $10 for a single trip permit in Maine to $1,800 per cask shipped by truck in Iowa and up to $4,500 for the first cask shipped by rail in Illinois.

According to the Nuclear Regulatory Commission (NRC), there are several definitions of radioactive materials, including:

High-Level Waste (HLW): Highly radioactive materials produced as a byproduct of the reactions that occur inside nuclear reactors. HLW takes one of two forms: 1) spent (used) reactor fuel and 2) waste materials remaining after spent fuel is reprocessed.
- Spent Fuel (SF): nuclear reactor fuel that has been used to the extent that it can no longer effectively sustain a chain reaction.
- Transuranic Waste (TRU): Material contaminated with transuranic elements—artificially made, radioactive elements, such as neptunium, plutonium, americium and others—that have atomic numbers higher than uranium in the periodic table of elements. TRU waste is primarily produced from recycling spent fuel or using plutonium to fabricate nuclear weapons.
- Highway Route-Controlled Quantities of Radioactive Materials (HRCQ): If the amount is greater than 3,000 times the “A1” (special form) or “A2” (normal form) values of the radionuclides, but less than 27,000 curies (a unit of radioactivity), then the material is HRCQ. This shipment requires a Type B package, and the carrier must have special training. State and tribal officials must also be notified (please note that tribes need to opt in to receive notifications). Type B packages are used to transport materials with high levels of radioactivity, such as spent fuel from nuclear power plants. These large, heavy packages provide shielding against the radiation.

Updated May 2020

State	Agency	Statute/Regulatory Citation	Annual Fee (Unless Noted)
California	California Highway Patrol	Cal. Vehicle Code §§ 2502, 32000–32053	Highway Patrol license is required for all motor carriers of hazmat in excess of 500 pounds.
Colorado	Department of Regulatory Agencies, Public Utilities Commission	Colo. Rev. Stat. §§ 42-20-201 and 42-20-202	Permit is required for all hazmat shipments. Annual fee is based on the number of vehicles, ranging from $10 to $400. Single trip is $25.
Colorado		Colo. Rev. Stat. §§ 42-20-501 and 42-20-502	Permit is required for nuclear materials. $500 permit fee; $200/shipment.
Connecticut	Department of Transportation	Conn. Gen. Stat. Ann. § 16a-106 Conn. Regs. § 19-409d-55	For radioactive materials and waste, a $25 permit fee is required for each single trip. Does not apply to radioactive materials shipped by or for the U.S. government or for national security purposes.
District of Columbia	Department of Transportation	D.C. Code Ann. §§ 8-1401 to 8-1447 18 D.C. Muni. Regs. § 1400	Permit is required to ship hazmat when no practical alternative route is available.
Georgia	Commissioner of Public Safety	Ga. Code Ann. § 40-1-23	Permit is required for all radioactive materials shipments. $100 annual permit fee.
Idaho	Department of Transportation	Idaho Code § 49-22-2203	Vehicle registration endorsement fee is required for all hazmat shipments. Annual vehicle registration fee is $10.
Illinois	Emergency Management Agency	Ill. Rev. Stat. Ch. 420, § 5/4	No permit is required for shipments of SF, HLW, TRUU, HRCQ; fee paid by the shipper. $2,500/truck shipment. Truck shipments also charged $25/truck/mile for each mile over 250 miles. $4,500/cask for rail shipments, $3,000 for each additional rail cask.
Indiana	Department of Homeland Security	Ind. Code § 10-14-8-3	For HLW shipment, the shipper must submit a notice and shipment fee. For a truck shipment, $2,500/truck For each rail shipment, $4,500 for first cask and $3,000 for second and additional casks.
Iowa	Department of Public Health	Iowa Admin. Code § 641-38.8	The following fees apply to SF, HLW, TRU and HRCQ shipments: $1,800 per cask by truck. $20 per mile fr each single cask truck shipment over 250 miles. $1,300 fr first rail cask, $125 for each additional cask.
Maine	Maine Turnpike Authority	Code Me. R. 99-420 Ch. 1, § 11	Permit is required to ship radioactive materials. Permits for single trip are issued no later than three days prior to shipping on the turnpike. Permit fee is $10 for single trip.
Minnesota	Commissioner of Public Safety	Minn. Stat. § 116C.731	Program is conducted under the auspices of the Alliance for Uniform Hazmat Transportation Procedures. Shipper must submit a notice of HLW shipment and a $1,000 shipping fee per vehicle.
Mississippi	Emergency Management Agency	Miss. Code Ann. §§ 45-14-57 and 45-14-61	Permit fee for shipments of radioactive materials.
Missouri	Department of Natural Resources	Mo. Rev. Stat. § 260.392	The following fees apply to HLW, TRU and SF shipments: $1,800 fr each cask by truck. $25 per mile over 200 miles traveled. $1,300 fr first cask, $125 for each additional cask by rail.
Montana	Department of Transportation	Mont. Code Ann. § 10-3-1307	The following fees apply to HLW and TRU shipped: $2,500 fr each cask by truck. $4,500 fr the first cask by rail, and $3,000 for each additional cask.
Nebraska	Department of Health & Human Services	Neb. Rev. Stat. § 71-3525 Neb. Admin. Code § 180-22-003.02	The following fee applies to HLW and TRU shipments: $3,100 fr each cask.
Nevada	Nevada Highway Patrol	Nev. Rev. Stat. § 459.7052 Nev. Ad. Code §§ 459.8231, 459.984 and 459.9805	Program is conducted under the auspices of the Alliance for Uniform Hazmat Transportation Procedures. Registration and permit required for all hazmat highway shipments: $125 registration fee. $500 permit review fee once every three years. $125 vehicle fee. Fee to cover administrative expenses. Registration fee is based on mileage traveled in state, power units used and load size.
New Hampshire	Department of Safety	N.H. Rev. Stat. Ann. § 107-D:3 N.H. Admin. Rules, Ch Saf-C 6606.01	Permit is required for shipping HLW. Single trip permit fee, as follows: $2,500 per application for administrative costs. $2,000 per application for training costs. State police detail rate prior to shipment /hour /officer for inspection and escorting shipment. Annual permit, same fees apply except administrative fee is charged only once.
New Jersey	Department of Environmental Protection	N.J. Rev. Stat. §§ 26:2D-18, 26:2D-23.3	“Certificate of handling” is required for radioactive materials shipments.
North Carolina	Department of Environment and Natural Resources	N.C. Gen. Stat. § 104E-15	No fees; however, shipping radioactive materials is governed by statute.
Oklahoma	Corporation Commission	Okla. Stat. Ann., Tit. 47, § 162	Fees apply to the registration and permitting for shipping hazmat by truck. Shipping fees are set by the Oklahoma Corporation Commission.
Oregon	Department of Energy	Ore. Rev. Stat. § 469.605 Ore. Admin. Rules § 345.060-0006	The following fees apply to radioactive materials shipments: $70/shipment placarded. $100 fee/shipment traveling under temporary permit. For shipments of well-logging material, radiographic material and radiopharmaceuticals, the carrier shall submit an annual fee of $500 or $70 per shipment, whichever is less.
Pennsylvania	Department of Environmental Protection; Emergency Management Agency and Pennsylvania State Police	Pa. Cons. Stat. Ann. Title 35, § 7110.402	The following fees apply to SF, HLW, TRU and large quantity radioactive materials shipments: $500 per vehicle, $1,000 per rail or barge shipment, payable to the Department of Environmental Protection. $2,500 per vehicle, $4,500 per rail or barge shipment, that requires an escort, payable to the Pennsylvania Emergency Management Agency.
South Carolina	Department of Health and Environmental Control	S.C. Code Ann. § 13-7-140 S.C. Dept. of Health and Environmental Control Code of Reg. 61-83	The following fees apply to radioactive materials shipments: $2,500 for disposal, storage or processing within the state over 75 cu. ft. of radioactive waste annually. $300 for disposal, storage or processing within the state under 75 cu. ft. of radioactive waste annually. $100 annual fee for shipping into or within the state.
Tennessee	Department of Safety	Tenn. Code Ann. § 65-15-114	Notification of SF shipments required along with the following fees: $1,000 per cask by truck. $2,000 per cask by rail.
Virginia	Department of Emergency Management	Va. Code § 44.146.30	Registration is required to ship radioactive materials. No fees are imposed.
Wisconsin	Department of Transportation Menominee Indian Tribe of Wisconsin	Wis. Stat. Ann. § 348.105 Ord. No. 94-03	Permit is required for transport of radioactive material. For shipments by truck, the fee is $1,800 per vehicle, per trip. For materials transporters, the annual fee is $37.50. For hazmat transporters, the annual fee is $200. One-day permits are $20. Additionally, a container inspection fee is $35, tank inspection fee is $45 and power unit inspection fee is $25. The Tribe will waive inspection fees when the shipper can demonstrate the container, tank or power unit has successfully passed an inspection in another jurisdiction within the past 12 months
West Virginia	Public Service Commission	W.Va. Code § 24A-6B-1	Program conducted under the auspices of the Alliance for Uniform Hazmat Transportation Procedures. Registration and permit are required for all hazmat shipments. Fees are established by rulemaking. The general processing fee and the vehicle fee for processing and registration shall not exceed $50.
Wyoming	Department of Transportation	Wyo. Stat. § 37-14-103	Permit is required, and a $200 emergency response fee for each package of radioactive waste shipped.

Source: NCSL, updated June 2020.