Environmental Quality, Radiation Control

Section R313-25-8

Technical Analyses

Notice of Proposed Rule

(Amendment)

DAR File No.: 33267
Filed: 12/14/2009 02:11:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The U.S. Nuclear Regulatory Commission (NRC) has acknowledged the inadequacy of NRC's current rules regarding depleted uranium (DU) and has therefore recommended, while it considers a revision to those rules, that regulators review site-specific performance assessments for facilities that accept DU for land disposal, prior to the disposal of significant quantities of DU. The purpose of this rule is to implement that recommendation. For more information, see the Utah Radiation Control Board's "Statement of Basis for Administrative Rulemaking Regarding Disposal of Significant Quantities of Depleted Uranium," at the Division of Radiation Control (DRC) website.

Summary of the rule or change:

The proposed rule would require facilities that wish to land dispose of DU to complete and have approved a site-specific performance assessment that demonstrates that the performance standards specified in 10 CFR Part 61 and corresponding provisions of Utah rules will be met. Therefore, the Utah Radiation Control Board, at its 12/08/2009 meeting, voted to amend Section R313-25-8 that requires EnergySolutions or any facility that land disposes significant quantities of DU to submit for review and approval a site specific performance assessment prior to disposal of significant quantities of DU.

State statutory or constitutional authorization for this rule:

• Subsection 19-03-104(4)

Anticipated cost or savings to:

the state budget:

The State of Utah receives fees from licensees that dispose of radioactive waste, including DU, Section 19-3-106. EnergySolutions, L.L.C. is a Utah radioactive waste disposal facility that has stated that it will seek to dispose of DU; if this rule is promulgated, it will be unable to do so until it has completed a site specific performance assessment and had it approved. The financial impacts on waste fees received by the State of Utah, if this rule is promulgated, could be potentially substantial, but are difficult to specify because the impact depends on the following information that is not known that this time: when the rule takes effect; when EnergySolutions will submit a site specific performance assessment and when it will be approved; when EnergySolutions would otherwise have received shipments of DU for disposal; whether DU waste receipts by EnergySolutions would simply be delayed, or whether there are competitors for DU disposal space such that EnergySolutions could lose receipts altogether.

local governments:

Tooele County collects impact fees from waste facilities, including EnergySolutions. Tooele County's budget is therefore likely to be affected, but for the reasons described above the specific impact cannot be known at this time.

small businesses:

No small business in Utah will be directly impacted. The only potential sources of substantial quantities of DU for disposal--the United States Department of Energy and privately-held uranium enrichment facilities--are not small businesses and are not located in Utah.

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

The Board is not aware of any direct impact on other entities.

Compliance costs for affected persons:

A radioactive waste disposal facility will have to incur the cost of preparing a site-specific performance assessment under this rule, and may also bear the cost of the DRC's review of that performance assessment. The cost of a performance assessment is likely to be over $1,000,000. EnergySolutions had stated, prior to the initiation of this rulemaking, that it was planning to complete such a performance assessment anyway, since NRC rules are likely to require one in the future.

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

If a rule is promulgated, one Utah business--EnergySolutions, L.L.C.--will be unable to dispose of DU until it has submitted a site specific performance assessment and the performance assessment has been approved. The financial impacts on EnergySolutions are potentially substantial, but are difficult for the Board to specify because the impact depends on the following information not known to the Board at this time: when the rule takes effect; when EnergySolutions will submit a site specific performance assessment and when it will be approved; when EnergySolutions would otherwise have received shipments of DU for disposal; and whether DU waste receipts by EnergySolutions would simply be delayed, or whether there are competitors for DU disposal space such that EnergySolutions could lose receipts altogether. The financial impacts of this on the state's budget are potentially substantial but, as described above, are difficult to specify. EnergySolutions will also bear the cost of carrying out, preparing, and submitting a performance assessment. The company has budgeted over $1,000,000 for this work.

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 dfinerfrock@utah.gov

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:

02/02/2010

Interested persons may attend a public hearing regarding this rule:

• 01/26/2010 06:00 PM, Environmental Quality, 168 N 1950 W, Room 101, Salt Lake City, UT

This rule may become effective on:

03/01/2010

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:

[(1)](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.

[(2)](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.

[(3)](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.

[(4)](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 depleted uranium, more than one metric ton in total accumulation, after the effective date of this change 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 depleted uranium and other wastes, including wastes already disposed of and the quantities of 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 be a minimum of 10,000 years. Additional simulations will be performed for a qualitative analysis for the period where peak dose occurs.

(b) No facility may dispose of significant quantities of 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, depleted uranium means waste with depleted uranium concentrations greater than 5% by weight.

 

KEY: radiation, radioactive waste disposal, depleted uranium

Date of Enactment or Last Substantive Amendment: [March 16, 2007]2010

Notice of Continuation: October 5, 2006

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