S.B. 166

1

PROHIBITION AGAINST CERTAIN
2 LOW-LEVEL RADIOACTIVE WASTE
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Patrice M. Arent
6 Gregory S. Bell
7 Lyle W. HillyardKaren Hale
Paula F. JulanderDavid L. Thomas
Allen M. Christensen 8
9 LONG TITLE
10 General Description:
11 This bill modifies provisions relating to certain types of low-level radioactive waste.
12 Highlighted Provisions:
13 This bill:
14 . prohibits any entity in the state from accepting class B or C low-level radioactive
15 waste or radioactive waste having a higher radionuclide concentration than allowed
16 under existing licenses;
17 . directs the Utah member of the Northwest low-level radioactive waste compact not
18 to bring to the compact committee for approval and to vote against any arrangement
19 with persons outside the compact area to access a Utah facility for storage,
20 treatment, incineration, or disposal of class B and class C low-level radioactive
21 waste; and
22 . makes conforming changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 This bill provides an immediate effective date.
27 This bill provides revisor instructions.

28 Utah Code Sections Affected:
29 AMENDS:
30 19-3-103.7, as enacted by Chapter 73, Laws of Utah 2003
31 19-3-104, as last amended by Chapter 73, Laws of Utah 2003
32 19-3-105, as last amended by Chapter 334, Laws of Utah 2004
33 ENACTS:
34 19-3-206, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 19-3-103.7 is amended to read:
38 19-3-103.7. Prohibition against certain low-level radioactive waste.
39 [On and after May 3, 2003, through February 15, 2005, there is a moratorium
40 prohibiting any entity in the state from accepting] No entity may accept in the state or apply for
41 a license to accept in the state for commercial storage, decay in storage, treatment, incineration,
42 or disposal:
43 (1) class B or C low-level radioactive waste [for commercial storage, decay in storage,
44 treatment, incineration, or disposal.]; or
45 (2) radioactive waste having a higher radionuclide concentration than the highest
46 radionuclide concentration allowed under licenses existing on the effective date of this section
47 that have met all the requirements of Section 19-3-105 .
48 Section 2. Section 19-3-104 is amended to read:
49 19-3-104. Registration and licensing of radiation sources by department --
50 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
51 (1) As used in this section:
52 (a) "Decommissioning" includes financial assurance.
53 (b) "Source material" and "byproduct material" have the same definitions as in 42
54 U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
55 (2) The board may require the registration or licensing of radiation sources that
56 constitute a significant health hazard.
57 (3) All sources of ionizing radiation, including ionizing radiation producing machines,
58 shall be registered or licensed by the department.

59 (4) The board may make rules:
60 (a) necessary for controlling exposure to sources of radiation that constitute a
61 significant health hazard;
62 (b) to meet the requirements of federal law relating to radiation control to ensure the
63 radiation control program under this part is qualified to maintain primacy from the federal
64 government;
65 (c) to establish:
66 (i) board accreditation requirements and procedures for mammography facilities; and
67 (ii) certification procedure and qualifications for persons who survey mammography
68 equipment and oversee quality assurance practices at mammography facilities; and
69 (d) as necessary regarding the possession, use, transfer, or delivery of source and
70 byproduct material and the disposal of byproduct material to establish requirements for:
71 (i) the licensing, operation, decontamination, and decommissioning, including financial
72 assurances; and
73 (ii) the reclamation of sites, structures, and equipment used in conjunction with the
74 activities described in this Subsection (4).
75 (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
76 byproduct material and the disposal of byproduct material at uranium mills or commercial
77 waste facilities, as provided in this Subsection (5).
78 (b) On and after January 1, 2003 through March 30, 2003:
79 (i) $6,667 per month for uranium mills or commercial sites disposing of or
80 reprocessing byproduct material; and
81 (ii) $4,167 per month for those uranium mills the executive secretary has determined
82 are on standby status.
83 (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
84 (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
85 amendment for agreement state status for uranium recovery regulation on or before March 30,
86 2003.
87 (d) If the Nuclear Regulatory Commission does not grant the amendment for state
88 agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
89 are not required to be paid until on and after the later date of:

90 (i) October 1, 2003; or
91 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
92 agreement state status for uranium recovery regulation.
93 (e) For the payment periods beginning on and after July 1, 2003, the department shall
94 establish the fees required under Subsection (5)(a) under Section 63-38-3.2 , subject to the
95 restrictions under Subsection (5)(d).
96 (f) The department shall deposit fees it receives under this Subsection (5) into the
97 Environmental Quality Restricted Account created in Section 19-1-108 .
98 (6) (a) The department shall assess fees for registration, licensing, and inspection of
99 radiation sources under this section.
100 (b) The department shall comply with the requirements of Section 63-38-3.2 in
101 assessing fees for licensure and registration.
102 (7) The department shall coordinate its activities with the Department of Health rules
103 made under Section 26-21a-203 .
104 (8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
105 purpose of the state assuming responsibilities from the United States Nuclear Regulatory
106 Commission with respect to regulation of sources of ionizing radiation, that are more stringent
107 than the corresponding federal regulations which address the same circumstances.
108 (b) In adopting those rules, the board may incorporate corresponding federal
109 regulations by reference.
110 (9) (a) The board may adopt rules more stringent than corresponding federal
111 regulations for the purpose described in Subsection (8) only if it makes a written finding after
112 public comment and hearing and based on evidence in the record that corresponding federal
113 regulations are not adequate to protect public health and the environment of the state.
114 (b) Those findings shall be accompanied by an opinion referring to and evaluating the
115 public health and environmental information and studies contained in the record which form
116 the basis for the board's conclusion.
117 (10) (a) The board shall by rule:
118 (i) authorize independent qualified experts to conduct inspections required under this
119 chapter of x-ray facilities registered with the division; and
120 (ii) establish qualifications and certification procedures necessary for independent

121 experts to conduct these inspections.
122 (b) Independent experts under this Subsection (10) are not considered employees or
123 representatives of the division or the state when conducting the inspections.
124 (11) (a) The board may by rule establish criteria for siting commercial low-level
125 radioactive waste treatment or disposal facilities, subject to the [moratorium regarding class B
126 and C low-level radioactive waste] prohibition imposed by Section 19-3-103.7 .
127 (b) Any facility under Subsection (11)(a) for which a radioactive material license is
128 required by this section shall comply with those criteria.
129 (c) A facility may not receive a radioactive material license until siting criteria have
130 been established by the board. The criteria also apply to facilities that have applied for but not
131 received a radioactive material license.
132 (12) The board shall by rule establish financial assurance requirements for closure and
133 postclosure care of radioactive waste land disposal facilities, taking into account existing
134 financial assurance requirements.
135 Section 3. Section 19-3-105 is amended to read:
136 19-3-105. Definitions -- Legislative and gubernatorial approval required for
137 radioactive waste license -- Application for new, renewed, or amended license.
138 (1) As used in this section:
139 (a) "Alternate feed material" has the same definition as provided in Section 59-24-102 .
140 (b) (i) "Class A low-level radioactive waste" means:
141 (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
142 (B) radium-226 up to a maximum radionuclide concentration level of 10,000
143 picocuries per gram.
144 (ii) "Class A low-level radioactive waste" does not include:
145 (A) uranium mill tailings;
146 (B) naturally occurring radioactive materials; or
147 (C) the following radionuclides if classified as "special nuclear material" under the
148 Atomic Energy Act of 1954, 42 U.S.C. 2014:
149 (I) uranium-233; and
150 (II) uranium-235 with a radionuclide concentration level greater than the concentration
151 limits for specific conditions and enrichments established by an order of the Nuclear

152 Regulatory Commission:
153 (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
154 (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
155 waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
156 nuclear material exemption order.
157 (c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,
158 stores, decays in storage, treats, or disposes of radioactive waste:
159 (A) commercially for profit; or
160 (B) generated at locations other than the radioactive waste facility.
161 (ii) "Radioactive waste facility" does not include a facility that receives:
162 (A) alternate feed material for reprocessing; or
163 (B) radioactive waste from a location in the state designated as a processing site under
164 42 U.S.C. 7912(f).
165 (d) "Radioactive waste license" or "license" means a radioactive material license issued
166 by the executive secretary under Subsection 19-3-108 (2)(c)(i), to own, construct, modify, or
167 operate a radioactive waste facility.
168 (2) The provisions of this section are subject to the [moratorium regarding class B and
169 C low-level radioactive waste] prohibition under Section 19-3-103.7 .
170 (3) A person may not own, construct, modify, or operate a radioactive waste facility
171 without:
172 (a) having received a radioactive waste license for the facility;
173 (b) meeting the requirements established by rule under Section 19-3-104 ;
174 (c) the approval of the governing body of the municipality or county responsible for
175 local planning and zoning where the radioactive waste is or will be located; and
176 (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
177 approval of the governor and the Legislature.
178 (4) A new radioactive waste license application, or an application to renew or amend
179 an existing radioactive waste license, is subject to the requirements of Subsections (3)(b)
180 through (d) if the application, renewal, or amendment:
181 (a) specifies a different geographic site than a previously submitted application;
182 (b) would cost 50% or more of the cost of construction of the original radioactive

183 waste facility or the modification would result in an increase in capacity or throughput of a
184 cumulative total of 50% of the total capacity or throughput which was approved in the facility
185 license as of January 1, 1990, or the initial approval facility license if the initial license
186 approval is subsequent to January 1, 1990; or
187 (c) requests approval to receive, transfer, store, decay in storage, treat, or dispose of[:
188 (i) class B or class C low-level radioactive waste; or (ii)] radioactive waste having a higher
189 radionuclide concentration limit than allowed[,] under an existing approved license held by the
190 facility, for the specific type of waste to be received, transferred, stored, decayed in storage,
191 treated, or disposed of.
192 (5) The requirements of Subsection (4)(c)[(ii)] do not apply to an application to renew
193 or amend an existing radioactive waste license if:
194 (a) the radioactive waste facility requesting the renewal or amendment has received a
195 license prior to January 1, 2004; and
196 (b) the application to renew or amend its license is limited to a request to approve the
197 receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
198 radioactive waste.
199 (6) A radioactive waste facility which receives a new radioactive waste license after
200 May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
201 application, renewal, or amendment that requests approval to receive, transfer, store, decay in
202 storage, treat, or dispose of radioactive waste not previously approved under an existing license
203 held by the facility.
204 (7) If the board finds that approval of additional radioactive waste license applications,
205 renewals, or amendments will result in inadequate oversight, monitoring, or licensure
206 compliance and enforcement of existing and any additional radioactive waste facilities, the
207 board shall suspend acceptance of further applications for radioactive waste licenses. The
208 board shall report the suspension to the Legislative Management Committee.
209 (8) The board shall review each proposed radioactive waste license application to
210 determine whether the application complies with the provisions of this chapter and the rules of
211 the board.
212 (9) (a) If the radioactive waste license application is determined to be complete, the
213 board shall issue a notice of completeness.

214 (b) If the board determines that the radioactive waste license application is incomplete,
215 the board shall issue a notice of deficiency, listing the additional information to be provided by
216 the applicant to complete the application.
217 Section 4. Section 19-3-206 is enacted to read:
218 19-3-206. Direction to compact committee member.
219 The Utah compact committee member designated under Section 19-3-204 may not
220 bring to the committee for approval and shall vote to disapprove any arrangement under
221 Subsection 19-3-204 (4) for a facility to receive class B or class C low-level radioactive waste
222 for commercial storage, decay in storage, treatment, incineration, or disposal within the state.
223 Section 5. Effective date.
224 If approved by two-thirds of all the members elected to each house, this bill takes effect
225 upon approval by the governor, or the day following the constitutional time limit of Utah
226 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
227 the date of veto override.
228 Section 6. Revisor instructions.
229 It is the intent of the Legislature that the Office of Legislative Research and General
230 Counsel, in preparing the database for publication, delete "the effective date of this section"
231 where it appears in this bill and replace it with the actual date on which the bill takes effect.




Legislative Review Note
as of 1-24-05 6:38 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel