Utah Division of Radiation Control Low-Level Radioactive Waste Forum Spring 2015 Meeting – Alexandria, VA April 20, 2015 Utah Activities Update Rusty Lundberg Utah Division of Radiation Control

Utah Activities Update Overall Agency Priorities Legislation – 2015 General Session DRC Activities EnergySolutions Activities

Overall Agency Priorities Assure that LLW management within Utah is protective of public health and safety and the environment Foster and work within a regulatory framework that is transparent and predictable Institute agency/program efficiencies

Overall Agency Priorities Build public and regulated community confidence Enhance information sharing Assure that adequate planning and resources are in place for long-term stewardship of the Clive site

Assure Planning and Resources for Long-Term Stewardship Unique – private ownership of Clive facility Long-term stewardship fund for perpetual care Potential Agreement with DOE for 11e.(2) & federal waste Long-term role of state Next 5-year update due in 2016

Utah Legislation – 2015 General Session H.B. 78 – Generator Site Access Permits Amendments New provision – permit may be issued if NRC or an Agreement State has regulatory jurisdiction regarding handling, packaging or transporting radioactive materials

Utah Legislation – 2015 General Session S.B. 173 – Financial Assurance Determination Process Review Applies exclusively to LLRW disposal facility Allows for arbitration or special adjudicative proceeding for a challenge to a “permit (license) order” or a financial assurance determination Requires rulemaking by the Utah Radiation Control Board to promulgate rules to implement financial assurance process

Utah Legislation – 2015 General Session S.B. 244 – DEQ Modifications Creates new Division within DEQ by consolidating the Division of Radiation Control and the Division of Solid and Hazardous Waste Division of Waste Management and Radiation Control Creates new Board – Waste Management and Radiation Control Board (12 members)

Current Boards SB 244 Board Waste Management & Radiation Control Board Solid & Hazardous Waste Board Radiation Control Board Waste Management & Radiation Control Board UDEQ Executive Director UDEQ Executive Director UDEQ Executive Director Non-Industry Expert in Waste Mngmt or Professional Engineer Health Physicist/ trained in radiation safety Medical or Health Physicist/ trained in radiation safety Government Rep (Non-Fed) Government Rep (Non-Fed) Government Rep (Non-Fed) Government Rep (Non-Fed) Government Rep (Non-Fed) Government Rep (Non-Fed) Public (Environmental NGO or Community Interest NGO) Public (Environmental NGO or Community Interest NGO) Public (Environmental NGO or Community Interest NGO) Public-Trained in Public Health & licensed Doctor or Dentist Public-Trained in Public Health Public-Trained in Public Health Non-Industry Expert in Waste Mngmt or Professional Engineer Manufacturing, Mining or Fuel Industry Radioactive Waste Management Radioactive Waste Management Private Solid or Hazardous Waste Disposal Uranium Milling Uranium Milling Private Hazardous Waste Recovery Regulated Industry & knowledgeable on Radiation Manufacturing, Mining or Fuel Industry Private Solid or Hazardous Waste Disposal Private Hazardous Waste Recovery

DRC Activities Radiation Control Board Rulemaking actions Categorize and set time frames for LLW licensing and permitting actions Implementation of AEA requirements for public participation in 11e.(2) byproduct material licensing actions Incorporation of 10 CFR Part 37 requirements

Additional Services/Activities Increased transparency, accessibility and availability of information DEQ rebranding

Availability of Information

Availability of Information DRC Low-level waste Uranium recovery

Accessibility of Information

Accessibility of Information

EnergySolutions – Clive Facility Tooele County

EnergySolutions – Clive Facility Mixed Waste disposal Byproduct disposal LLRW disposal N

EnergySolutions Activities LLRW Sealed Source Variance Completed Radioactive Materials License Renewal New cover design License & Ground Water Permit renewals GWP Renewal Approved –October 2014 Environmental Monitoring Plan Revision Approved – October 2014

EnergySolutions Activities LLRW Evaluation of Performance Assessments Erwin ResinSolutions (SempraSafe) evaluation Depleted Uranium Web site Annual financial surety update http://www.deq.utah.gov/businesses/E/EnSolutions/depleteduranium/index.htm

EnergySolutions Activities 11e.(2) Byproduct Material License renewal Implementation of additional public participation procedures DOE long-term stewardship

Collaboration – License Condition – Sealed Sources License condition – prohibiting the disposal of sealed sources PROHIBITIONS AND WASTE ACCEPTANCE REQUIREMENTS A. Sealed sources as defined in Utah Administrative Code (UAC) R313-12 shall not be accepted for disposal.

Collaboration – License Condition Variance Request Submitted

Collaboration – Public Participation

Collaboration – Public Participation

Collaboration – Sealed Sources – Variance Approval Consideration of comments received Support CRCPD - SCATR collection program Exclusive to Class A without credit for shipping container/shielding

Collaboration – Sealed Sources – Variance Approval Disposal container encased with grout or concrete Sources limited to half-life of Cs-137 or less Overall curie limitation (1% of Class A North disposal embankment)

First Shipment Notification – One-year Variance Period Set September 29, 2013 to September 29, 2014

One-year Variance Period – Extended Variance extended to December 31, 2014 -- Additional drums received

Contact Information Rusty Lundberg Utah Division of Radiation Control Utah Department of Environmental Quality (801) 536-4257 rlundberg@utah.gov Rusty Lundberg Deputy Director Utah Division of Waste Management & Radiation Control Utah Department of Environmental Quality