Environmental Quality, Radiation Control

Section R313-25-8

Technical Analyses

Change in Proposed Rule

DAR File No.: 33267
Filed: 04/14/2010 11:47:40 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

At the 04/13/2010 Radiation Control Board meeting, the Board approved changes to a proposed rule based on comments received during the public comment period 01/02/2010 through 02/02/2010.

Summary of the rule or change:

Three changes were made to the proposed rule. These changes involved the addition of the word "concentrated" before the words "depleted uranium" throughout the proposed rule. The word "shall" replaced the word "will" in Subsection R313-25-8(2)(a) of the proposed rule, and the last sentence in Subsection R313-25-8(2)(a) was revised for clarity purposes. Specifically, the words "a qualitative analysis for" were deleted and the following words were added "and the results shall be analyzed qualitatively" to the sentence. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the January 1, 2010, issue of the Utah State Bulletin, on page 21. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Subsection 19-03-104(4)

Anticipated cost or savings to:

the state budget:

The Agency has determined that the minor language change does not affect the budget that was described in the proposed rule filing.

local governments:

The Agency has determined that the minor language change does not affect the budget that was described in the proposed rule filing.

small businesses:

The Agency has determined that the minor language change does not affect small business as it was described in the proposed rule filing.

persons other than small businesses, businesses, or local governmental entities:

The Agency has determined that the language change does not affect other persons as it was described in the proposed rule filing.

Compliance costs for affected persons:

The changes to the proposed rule will not impact the affected persons anymore than as described in the proposed rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

The minor changes to the proposed rule will not affect the fiscal impact anymore than what was described in the proposed rule.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Radiation Control
168 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Dane Finerfrock at the above address, by phone at 801-536-4250, by FAX at 801-533-4097, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule may become effective on:

06/01/2010

Authorized by:

Dane Finerfrock, Director

R313. Environmental Quality, Radiation Control.

R313-25. License Requirements for Land Disposal of Radioactive Waste - General Provisions.

R313-25-8. Technical Analyses.

(1) The specific technical information shall also include the following analyses needed to demonstrate that the performance objectives of R313-25 will be met:

(a) Analyses demonstrating that the general population will be protected from releases of radioactivity shall consider the pathways of air, soil, ground water, surface water, plant uptake, and exhumation by burrowing animals. The analyses shall clearly identify and differentiate between the roles performed by the natural disposal site characteristics and design features in isolating and segregating the wastes. The analyses shall clearly demonstrate a reasonable assurance that the exposures to humans from the release of radioactivity will not exceed the limits set forth in R313-25-19.

(b) Analyses of the protection of inadvertent intruders shall demonstrate a reasonable assurance that the waste classification and segregation requirements will be met and that adequate barriers to inadvertent intrusion will be provided.

(c) Analysis of the protection of individuals during operations shall include assessments of expected exposures due to routine operations and likely accidents during handling, storage, and disposal of waste. The analysis shall provide reasonable assurance that exposures will be controlled to meet the requirements of R313-15.

(d) Analyses of the long-term stability of the disposal site shall be based upon analyses of active natural processes including erosion, mass wasting, slope failure, settlement of wastes and backfill, infiltration through covers over disposal areas and adjacent soils, and surface drainage of the disposal site. The analyses shall provide reasonable assurance that there will not be a need for ongoing active maintenance of the disposal site following closure.

(2)(a) Any facility that proposes to land dispose of significant quantities of concentrated depleted uranium[,] (more than one metric ton in total accumulation[,]) after [the effective date of ths change]June 1, 2010, shall submit for the Executive Secretary's review and approval a performance assessment that demonstrates that the performance standards specified in 10 CFR Part 61 and corresponding provisions of Utah rules will be met for the total quantities of concentrated depleted uranium and other wastes, including wastes already disposed of and the quantities of concentrated depleted uranium the facility now proposes to dispose. Any such performance assessment shall be revised as needed to reflect ongoing guidance and rulemaking from NRC. For purposes of this performance assessment, the compliance period [will]shall be a minimum of 10,000 years. Additional simulations [will]shall be performed for [a qualitative analysis for ]the period where peak dose occurs and the results shall be analyzed qualitatively.

(b) No facility may dispose of significant quantities of concentrated depleted uranium prior to the approval by the Executive Secretary of the performance assessment required in R313-25-8(2)(a).

(c) For purposes of this R313-25-8(2) only, "concentrated depleted uranium" means waste with depleted uranium concentrations greater than 5 [%]percent by weight.

 

KEY: radiation, radioactive waste disposal, depleted uranium

Date of Enactment or Last Substantive Amendment: 2010

Notice of Continuation: October 5, 2006

Authorizing, and Implemented or Interpreted Law: 19-3-104; 19-3-108