Environmental Quality, Radiation Control

Section R313-26-4

Shipper's Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 35069
Filed: 07/14/2011 11:56:10 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish procedures, criteria, terms and conditions upon which the Executive Secretary issues permits to generators accessing a land disposal facility located in Utah. This rule also contains requirements for persons who ship radioactive waste or mixed waste to the land disposal facility. The proposed change is to insert an additional requirement into the rule for radioactive waste shipments that are below the U.S. Department of Transportation (DOT) definition of hazardous material Class 7 Radioactive Material.

Summary of the rule or change:

Much of the waste arriving at the Clive, Utah, disposal facility is regulated by the DOT as a Class 7 Radioactive Material. These regulations are extremely prescriptive in the manner the waste can be packaged and transported. However, there is a segment of waste that contains very low concentrations of radioactivity and/or low total activities, which is not considered to be a hazardous material by the DOT and therefore not subject to DOT hazardous material regulations. Wastes in this category are virtually unregulated with respect to the type and condition of the containers used to transport the material. If a container of waste arrives at the disposal facility with the lower activities or concentrations of radioactivity and the container is breached or damaged or improperly closed, there is no regulation in which to take enforcement action against the shipper. By adding the proposed language to the rule, the gap in the regulations in regard to the packaging of low radioactivity waste will be bridged. Shippers of low-level radioactive wastes will be compelled to adequately containerize their wastes and utilize packagings that meet minimum containment standards. Shippers will be subject to complying with those minimum standards even when the waste is not subject to DOT hazardous material regulations. Currently, there is limited regulation regarding radioactive material that does not fall under DOT Transportation regulations, therefore, this added language is not more restrictive than federal rules by either DOT or the Nuclear Regulatory Commission of which the Division is aware.

State statutory or constitutional authorization for this rule:

• Section 19-3-106.4

Anticipated cost or savings to:

the state budget:

The rule change will only affect shippers of low-level radioactive waste (regulated entities) and will not impact the state budget.

local governments:

The rule change will only affect shippers low-level radioactive waste (regulated entities) and will not impact local governments.

small businesses:

There is a very small chance that a shipper would be small business, and therefore, if shipments did not meet the proposed requirement then civil penalties could be assessed and ultimately affect the small business. However, this scenario would most likely never happen because most shippers are large companies and or federal contractors. In addition, due to variability of potential enforcement actions, it is not possible to estimate the civil penalty amount.

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

It is possible that a shipper would be a person other than a small business, a business, or a local government entity, and therefore, if shipments did not meet the proposed requirement then civil penalties could be assessed and ultimately affect the person. However, due to variability of potential enforcement actions, it is not possible to estimate the civil penalty amount.

Compliance costs for affected persons:

Shipments that do not fall under DOT hazardous shipping regulations will require containment of radioactive waste material and therefore costs associated with this requirement are possible. However, because there is so much variability in the methods to package radioactive waste, it is not possible to estimate the compliance costs for those affected by this rule. Shipments that fall under DOT hazardous shipping regulations are already required to meet the proposed requirement therefore no additional cost will be incurred.

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

The rule is necessary to fill a gap in requirements for radioactive waste shipments that are not regulated under federal DOT hazardous materials regulations. The proposed rule will assure package integrity regarding radioactive waste shipments traveling through the state to the radioactive waste disposal facility.

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

Direct questions regarding this rule to:

• John Hultquist at the above address, by phone at 801-536-4623, by FAX at 801-536-4250, or by Internet E-mail at jhultquist@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:

08/31/2011

This rule may become effective on:

09/15/2011

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

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

R313-26-4. Shipper's Requirements.

(1) The shipper shall provide on demand the Executive Secretary a copy of the Nuclear Regulatory Commission's "Uniform Low Level Radioactive Waste Manifest" for shipments consigned for disposal within Utah.

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

(3) Waste Generators, Waste Processors and Waste Collectors 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 Generator Site Access Permits.

(4) A Waste Collector, Waste Processor or Waste Generator shall ensure all radioactive waste contained within a shipment 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.

(5) The shipper shall ensure waste material is contained 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.

 

KEY: radioactive waste generator permit

Date of Enactment or Last Substantive Amendment: [March 16, 2007]2011

Notice of Continuation: April 6, 2011

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