1. Low-Level Radioactive Waste Forum Fall 2017 Meeting – Alexandria, VA
October 16, 2017
Utah Activities Update
Rusty Lundberg
Deputy Director

2. Utah Activities Update
Legislation
House Bill – Perpetual Care Funding
Senate Bill – Financial Assurance
Rule Development
Financial Assurance revisions
NRC – IMPEP Follow Up
December 2017
Clive Facility
Low-Level Radioactive Waste
11e.(2) Byproduct
Mixed Waste

3. 2017 Utah Legislation – Perpetual Care Funding
House Bill 296 – Radioactive and Hazardous Waste Account Amendments
Modifies the perpetual care requirements:
Eliminates requirement for a LLRW disposal facility to pay $400,000 annually
Eliminates requirement to evaluate and report every 5 years on the adequacy of funds for closure, post-closure, and perpetual care and maintenance of commercial HW and LLRW treatment and disposal facilities unless a 25% increase in size occurs

4. 2017 Utah Legislation – Perpetual Care Funding (cont.)
House Bill 296 – Radioactive and Hazardous Waste Account Amendments
Requires the state treasurer to:
Follow certain account management and investment guidelines
More robust investment account
Primary goal of providing stability and growth of the principal
( minimum target of $414 M – 2141)
Beginning in 2021, report every five years to the Legislative Management Committee on account performance

5. 2017 Utah Legislation – Financial Assurance
Senate Bill 79 – Waste Management Amendments
Resolves previous NRC determination of incompatibility with federal FA requirements
Defines “unlicensed facility”
Modifies financial assurance requirements for licensed and unlicensed areas of a LLRW disposal facility
Clarifies the definition of a Radioactive Waste Facility

6. 2017 Utah Legislation – Financial Assurance Rule Development
Requires WMRC Board to establish rules for FA for closure and post closure
Radioactive waste disposal facility and unlicensed facility
Based on annual estimate using
RS Means, or
Proposed competitive site-specific estimate
At least every five years
Between years – accounts for current site conditions and includes annual inflation adjustment
Annually review estimate for adequacy

7. Utah Legislation – 2017 General Session
NRC review of S.B. 79 – financial assurance revisions to correct incompatibility
2015 Findings:
Limited financial assurance coverage for commercial radioactive waste treatment and disposal facility to the landfill embankments where waste was disposed
Allowed licensee to update financial assurance annually without a detailed review by the Division to assure sufficient funds are available for site closure
“The revisions provided by your office address the above comment. We have no further comments.”

8. NRC Program Evaluation – Follow-up
IMPEP – July 2015
November 3, 2016 – Follow up to the July 2015 full IMPEP review conducted by the NRC
Status of addressing the incompatibility finding associated with statutory requirements for financial assurance for LLRW management facilities
December 12-14, 2017

9. EnergySolutions – Clive
Photo - EnergySolutions

10. EnergySolutions – Clive – LLRW
Evaluation of Performance Assessments
Erwin ResinSolutions (SempraSafe) evaluation
EnergySolutions withdrew its request for approval
The Division is evaluating how to proceed
Depleted Uranium
The Division is waiting for EnergySolutions response to the last round of interrogatories. Anticipate them to be submitted in the next few months.
LLRW DISPOSAL

11. EnergySolutions – DU Performance Assessment
EnergySolutions – DU Performance Assessment

12. EnergySolutions – Clive – LLRW
License renewal – The Division has completed a review of attachments and is currently working on license conditions and is working toward having the license out for public comment by the end of this year
Ongoing oversight
Incoming shipments
Containerized waste – waste classification verifications
Waste management operations & site monitoring program
LLRW DISPOSAL

13. EnergySolutions – Clive
11e.(2) Byproduct Material
License renewal – The public comment period on license renewal ended on Oct. 2. On track to issue the renewal soon
Groundwater Permit Amendments
The Division is reviewing EnergySolutions request for changes and is planning to respond by late 2017 or early 2018.
11e.(2) Byproduct Disposal

14. EnergySolutions – Clive
Mixed Waste
Permit is still ready for renewal
EPA is evaluating its position on macroencapsulation in the landfill cell and a workable path forward.
The Division has recommended EPA consider a workable compliance schedule in the permit so it can be reissued.
Mixed Waste Disposal

15. Thank You Rusty Lundberg Deputy Director
Division of Waste Management and Radiation Control
(801)