DAR File No. 38771

Environmental Quality, Radiation Control

Rule R313-26

Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 38771
Filed: 08/14/2014 03:53:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As a result of the passage of H.B. 124, Radiation Control Amendments, during the 2013 General Legislative Session, an amendment was enacted that grants the director of the Utah Division of Radiation Control (DRC) discretion in issuing a generator or site access permit for access to a radioactive disposal site in Utah unless a generator or broker agrees to grant DRC reasonable access to its facilities for the verification of Utah requirements regarding radioactive waste classification. The proposed changes to Rule R313-26 are to change the rule so it is consistent with the Act, as well as identify the required shipment information and documentation, and clarify enforcement requirements.

Summary of the rule or change:

The proposed changes to Rule R313-26 would: 1) add a condition that those receiving a Radioactive Waste Generator Site Access Permit will be required to grant DRC reasonable access to its facilities. See Subsection R313-26-3(5); 2) require that prior to transport the permittee will provide DRC a copy of the Uniform Low Level Radioactive Waste Manifest for each shipment consigned for disposal within Utah. See Subsection R313-26-4(1); 3) require that Waste Processors, Waste Collectors, and other Waste Brokers include information accompanying the Radioactive Waste Manifest that documents the waste's originating generator name(s), the Low-Level Radioactive Waste compact affiliation, and the state or nation of origin. See Subsection R313-26-4(6); 4) require that shippers ensure that all waste arriving at a Low-Level Radioactive Waste facility in Utah will be secured tightly so that there is no waste material outside of the container, and the physical and containment integrity has not been compromised. See Subsection R313-26-4; and 5) clarification made to which enforcement requirements will apply to the rule. See Subsection R313-26-6.

State statutory or constitutional authorization for this rule:

• Subsection 19-3-106.4(2)

Anticipated cost or savings to:

the state budget:

It is expected that the Environmental Quality Restricted Account (EQRA) will be affected by the proposed rule change. Fees for a Radioactive Waste Generator Site Access Permit are collected from out-of-state entities who wish to ship radioactive waste for disposal in Utah. The fees collected are placed into the EQRA. If DRC chooses to perform site visits of the permittee facilities, it is expected that the trip and associated costs with be paid for with EQRA funds.

local governments:

No local governments hold a Generator Site Access Permit and therefore are not affected by the proposed rule changes.

small businesses:

It is expected that out-of-state small businesses may be affected by this amendment. Many of those entities that receive a Radioactive Waste Generator Site Access Permit are small businesses. They will be required to grant DRC reasonable access to their facility. Any costs associated with allowing on-site access are expected to be minimal. Because a permittee already provides an advance copy of the shipping manifest and related information to the disposal facility, any costs to provide the same information to DRC will be minimal. Failure to grant access may affect the status of their permit, which may have a financial cost.

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

It is expected that some individuals and/or corporations may be affected by this amendment. There are individuals and/or corporations that have a Radioactive Waste Generator Site Access Permit. They will be required to grant DRC reasonable access to their facility. Any costs associated with allowing on-site access are expected to be minimal. Because a permittee already provides an advance copy of the shipping manifest and related information to the disposal facility, any costs to provide the same information to DRC will be minimal. Failure to grant access may affect the status of their permit, which may have a financial cost.

Compliance costs for affected persons:

Entities that possess a Radioactive Waste Generator Site Access Permit will be required to grant DRC reasonable access to its facilities. Any costs associated with allowing on-site access are expected to be minimal. Because a permittee already provides an advance copy of the shipping manifest and related information to the disposal facility, any costs to provide the same information to the DRC will be minimal. Failure to grant access may affect the status of their permit, which may have a financial cost.

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

If the proposed rule is promulgated, entities that possess a Radioactive Waste Generator Site Access Permit will be required to grant DRC reasonable access to its facilities. Any costs associated with allowing on-site access are expected to be minimal. Because a permittee already provides an advance copy of the shipping manifest and related information to the disposal facility, any costs to provide the same information to DRC will be minimal. Failure to grant access may affect the status of their permit, which may have a financial cost.

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 ControlRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Gwyn Galloway at the above address, by phone at 801-536-4258, by FAX at 801-533-4097, or by Internet E-mail at [email protected]
• Craig Jones at the above address, by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at [email protected]
• Spencer Wickham at the above address, by phone at 801-536-0082, 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:

10/01/2014

This rule may become effective on:

10/21/2014

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

R313-26. Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities.

R313-26-1. Purpose and Authority.

(1) The purpose of this rule is to prescribe the requirements for the issuance of permits to generators for accessing a land disposal facility located within the State and requirements for shippers.

(2) The rules set forth herein are adopted pursuant to the provisions of Subsections 19-3-104(4) and 19-3-104(8).

(3) The requirements of Rule R313-26 are in addition to, and not in substitution for, other applicable requirements of these rules.

 

R313-26-2. Definitions.

As used in Rule R313-26, the following definitions apply:

"Applicant" means a Waste Generator or Waste Broker who applies for a Generator Site Access Permit.

"Disposal" means the isolation of wastes from the biosphere by placing them in a land disposal facility.

"Generator Site Access Permit" means an authorization to deliver radioactive wastes to a land disposal facility located within the State of Utah.

"Land disposal facility" has the same meaning as that given in Section R313-25-2.

"Manifest" means the document, as defined in Appendix G of 10 CFR 20.1001 to 20.2402 (2006),used for identifying the quantity, composition, origin, and destination of radioactive waste during its transport to a disposal facility.

["Packager" means Waste Processor, Waste Collector or Waste Generator as defined in Section R313-26-2.

]"Radioactive waste" means any material that contains radioactivity or is radioactively contaminated and is intended for ultimate disposal at a licensed land disposal facility in Utah.

"Shipper" means [the person]a Waste Generator, Waste Collector, Waste Processor, or other Waste Broker who transports or offers radioactive waste for transport[ation,] for disposal at[typically consigning this type of waste to] a land disposal facility in Utah.

"Waste Broker" means a person who arranges for transportation of the radioactive waste for a Waste Generator, who collects or consolidates shipments of radioactive waste for a Waste Generator; or who processes radioactive waste in some manner for a waste generator, and who is not a carrier whose sole function is to transport the radioactive waste. The term includes a Waste Collector or a Waste Processor.

"Waste Collector," "Waste Generator," and "Waste Processor" [has]have the meaning as defined in Appendix G of 10 CFR 20.1001 to 20.2402 ([2006]2013).

 

R313-26-3. Generator Site Access Permits.

(1) A Waste Generator or Waste Broker[, Waste Collector, or Waste Processor] shall obtain a Generator Site Access Permit from the Director before transferring radioactive waste to a land disposal facility in Utah.

([1]2) A Generator Site Access Permit application[s] shall be filed on a form prescribed by the Director.

([2]3) An [A]application[s] shall be received by the Director at least 30 days prior to the date the first shipment under the requested Generator Site Access Permit is proposed to begin transport[any shipments being delivered] to a land disposal facility in Utah.

([3]4) Each Generator Site Access Permit application shall include a certification to the Director that the [shipper]applicant shall comply with all applicable State or Federal laws, administrative rules and regulations, licenses, or license conditions of the land disposal facility regarding the packaging, transportation, storage, disposal and delivery of radioactive wastes.

(5) As a condition of receiving a Generator Site Access permit, an applicant shall, in its Generator Site Access Permit application, grant the division reasonable access to its facilities for the purpose of inspecting and verifying the applicant's waste packaging, waste classification and waste management activities. The purpose of the division's evaluation is to determine whether waste and waste packaging is being managed and prepared in a manner that gives the division reasonable assurance that disposal of waste from the facility at a Utah land disposal facility would be in compliance with Utah law, including the requirement in R313-26-4(7) that a radioactive waste package or shipment that arrives at a Utah land disposal facility for disposal may not exceed the Class A low-level radioactive waste limits set in UAC R313-15-1009 or other radioactive waste prohibited from being disposed under 19-3-103.7. An applicant's grant of reasonable access will not be interpreted to allow division representatives to evaluate a facility for other purposes.

([4]6) Generator Site Access Permit fees shall be assessed annually by the Director based on the following [classifications]categories:

(a) Waste Generators shipping [more than 1000 cubic feet of ]radioactive waste [annually ]to a land disposal facility in Utah.

(b) [Waste Generators shipping 1000 cubic feet or less of radioactive waste annually to a land disposal facility in Utah.

(c) ]Waste Collectors, [or ]Waste Processors , or other Waste Brokers shipping radioactive waste to a land disposal facility in Utah.

([5]7) A Generator Site Access Permit[s] shall be valid for a maximum of one year from the date of issuance. The Director may modify individual Generator Site Access Permit terms [and prorate the annual fees accordingly ]for administrative purposes.

([6]8) A Generator Site Access Permit[s] may be renewed by filing a [new]renewal application with the Director. To ensure timely renewal, a Waste [g]Generator[s] [and]or Waste [b]Broker[s] shall submit an application[s,] for Generator Site Access Permit renewal[,] a minimum of 30 days prior to the expiration date of [their]a Generator Site Access Permit.

([7]9) Generator Site Access Permit fees are not refundable.

([8]10) Transfer of a Generator Site Access Permit shall be approved in advance by the Director.

([9]11) The number of Generator Site Access Permits required [by each generator]for a Waste Generator or Waste Broker with more than one facility shall be determined by the following requirements:

(a) A Waste Generator[s] or Waste Broker who own s multiple facilities within the same state may apply for one Generator Site Access Permit, provided the same contact person within the generator's company shall be responsible for responding to the Director for matters pertaining to the waste shipments.

(b) Facilities which are owned by the same generator and located in different states shall obtain separate Generator Site Access Permits.

(c) A Person[s] who is a Waste Generator[both generate] and [are]is also [either ]a Waste [Processor]Broker [or Waste Collector ] shall obtain separate Generator Site Access Permits for each category.

 

R313-26-4. Shipper's Requirements.

(1) [The](a) Prior to transport, a shipper shall provide to [on demand ]the Director a copy of the Nuclear Regulatory Commission's "Uniform Low Level Radioactive Waste Manifest" for each shipment[s] consigned for disposal within Utah.  The waste manifest shall be sent by the shipper via e-mail to an address as directed by the division at the same time it is sent via e-mail to the disposal facility in Utah. All waste manifests sent via email shall be submitted to the Director in searchable PDF electronic format.

(b) The Director or the Director's delegee may, by telephone, waive the requirement in paragraph (a) for submission of manifests in searchable PDF electronic format for a shipper who hand enters information on the manifests.

(2) The appropriate Generator Site Access Permit number(s) shall be documented on the manifest.

(3) A[Waste Generators, Waste Processors and Waste Collectors] shipper shall ensure that all Generator Site Access Permits are current prior to shipment of waste to a land disposal facility located in the state of Utah, and that the waste will arrive at the land disposal facility prior to the expiration date of the applicable Generator Site Access Permits.

(4) A shipper shall ensure that each radioactive waste package or shipment that arrives at a Utah land disposal facility for disposal:

(a) does not exceed the Class A low-level radioactive waste limits set in UAC R313-15-1009 or other limitations in 19-3-103.7, and

(b) is compliant with the disposal facility's currently approved Radioactive Material License, as applicable.

(5) A [Waste Collector, Waste Processor or Waste Generator]shipper shall ensure [all]that each container of radioactive waste [contained within a shipment]shipped for disposal at a land disposal facility in the state is traceable to the original generators and states, regardless of whether the waste is shipped directly from the point of generation to the disposal facility.

(6) Waste Processors, Waste Collectors, and other Waste Brokers shall provide information that specifies the waste's originating generator name(s), the Low-Level Radioactive Waste compact affiliation, if applicable, and the state or nation of origin. The information may be provided in a summary spreadsheet or on the Low Level Waste Manifest (542 Form), in a format prescribed by the Director.

([5]7) The shipper shall ensure that all radioactive waste [material]that arrives at a Utah land disposal facility for disposal is contained securely. To be contained securely, a package or container of radioactive waste shall meet the requirements specified in R313-19-100(5)(a)(i)(A), and shall contain waste such that, under conditions normally incident to transportation, there is no waste material outside of the container, and the physical and containment integrity has not been compromised.[where no release of material can occur under conditions normally incident to transportation and shall utilize waste container(s)/package(s) where containment integrity has not been compromised.]

(8) The shipper shall comply with all applicable requirements of R313-19-100.

 

R313-26-5. Land Disposal Facility Licensee Requirements.

The land disposal facility licensee shall ensure that Waste Generators, Waste Collectors and Waste Processors have a current, unencumbered Generator Site Access Permit prior to accepting a Waste Generator's, Waste Collector's or Waste Processor's waste.

 

R313-26-6. Enforcement.

[Generator Site Access Permittees shall be subject to the provisions of Rule R313-14 for violations of federal regulations, state rules or requirements in the current land disposal facility operating license regarding radioactive waste packaging, transportation, labeling, notification, classification, marking, manifesting or description.]The requirements of this Rule are enforceable as provided in 19-3-109, 19-3-110 and R313-14. Penalties may include termination of a Generator Site Access Permit.

 

KEY: radioactive waste generator permits

Date of Enactment or Last Substantive Amendment: [September 22, 2011]2014

Notice of Continuation: April 6, 2011

Authorizing, and Implemented or Interpreted Law: 19-3-106.4