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S.B. 155
This document includes House Floor Amendments incorporated into the bill on Wed, Feb 14, 2007 at 3:26 PM by jeyring. --> 1
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6 Cosponsor: | Curtis S. Bramble |
8 LONG TITLE
9 General Description:
10 This bill exempts certain radioactive waste disposal facilities from certain approval and
11 siting requirements.
12 Highlighted Provisions:
13 This bill:
14 . exempts a radioactive waste disposal facility license in effect on or before
15 December 31, 2006 from local government planning and zoning approval,
16 legislative and gubernatorial approval, and certain siting requirements; and
17 . exempts an amendment to or renewal of a radioactive waste disposal facility license
18 in effect on or before December 31, 2006 from local government planning and
19 zoning approval, legislative and gubernatorial approval, and certain siting
20 requirements unless the amendment or renewal would authorize waste disposal at a
21 different geographic location.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
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29 19-3-105, as last amended by Chapter 10, Laws of Utah 2005
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 19-3-104 is amended to read:
33 19-3-104. Registration and licensing of radiation sources by department --
34 Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
35 (1) As used in this section:
36 (a) "Decommissioning" includes financial assurance.
37 (b) "Source material" and "byproduct material" have the same definitions as in 42
38 U.S.C.A. 2014, Atomic Energy Act of 1954, as amended.
39 (2) The board may require the registration or licensing of radiation sources that
40 constitute a significant health hazard.
41 (3) All sources of ionizing radiation, including ionizing radiation producing machines,
42 shall be registered or licensed by the department.
43 (4) The board may make rules:
44 (a) necessary for controlling exposure to sources of radiation that constitute a
45 significant health hazard;
46 (b) to meet the requirements of federal law relating to radiation control to ensure the
47 radiation control program under this part is qualified to maintain primacy from the federal
48 government;
49 (c) to establish:
50 (i) board accreditation requirements and procedures for mammography facilities; and
51 (ii) certification procedure and qualifications for persons who survey mammography
52 equipment and oversee quality assurance practices at mammography facilities; and
53 (d) as necessary regarding the possession, use, transfer, or delivery of source and
54 byproduct material and the disposal of byproduct material to establish requirements for:
55 (i) the licensing, operation, decontamination, and decommissioning, including financial
56 assurances; and
57 (ii) the reclamation of sites, structures, and equipment used in conjunction with the
58 activities described in this Subsection (4).
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60 byproduct material and the disposal of byproduct material at uranium mills or commercial
61 waste facilities, as provided in this Subsection (5).
62 (b) On and after January 1, 2003 through March 30, 2003:
63 (i) $6,667 per month for uranium mills or commercial sites disposing of or
64 reprocessing byproduct material; and
65 (ii) $4,167 per month for those uranium mills the executive secretary has determined
66 are on standby status.
67 (c) On and after March 31, 2003 through June 30, 2003 the same fees as in Subsection
68 (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
69 amendment for agreement state status for uranium recovery regulation on or before March 30,
70 2003.
71 (d) If the Nuclear Regulatory Commission does not grant the amendment for state
72 agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
73 are not required to be paid until on and after the later date of:
74 (i) October 1, 2003; or
75 (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
76 agreement state status for uranium recovery regulation.
77 (e) For the payment periods beginning on and after July 1, 2003, the department shall
78 establish the fees required under Subsection (5)(a) under Section 63-38-3.2 , subject to the
79 restrictions under Subsection (5)(d).
80 (f) The department shall deposit fees it receives under this Subsection (5) into the
81 Environmental Quality Restricted Account created in Section 19-1-108 .
82 (6) (a) The department shall assess fees for registration, licensing, and inspection of
83 radiation sources under this section.
84 (b) The department shall comply with the requirements of Section 63-38-3.2 in
85 assessing fees for licensure and registration.
86 (7) The department shall coordinate its activities with the Department of Health rules
87 made under Section 26-21a-203 .
88 (8) (a) Except as provided in Subsection (9), the board may not adopt rules, for the
89 purpose of the state assuming responsibilities from the United States Nuclear Regulatory
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91 than the corresponding federal regulations which address the same circumstances.
92 (b) In adopting those rules, the board may incorporate corresponding federal
93 regulations by reference.
94 (9) (a) The board may adopt rules more stringent than corresponding federal
95 regulations for the purpose described in Subsection (8) only if it makes a written finding after
96 public comment and hearing and based on evidence in the record that corresponding federal
97 regulations are not adequate to protect public health and the environment of the state.
98 (b) Those findings shall be accompanied by an opinion referring to and evaluating the
99 public health and environmental information and studies contained in the record which form
100 the basis for the board's conclusion.
101 (10) (a) The board shall by rule:
102 (i) authorize independent qualified experts to conduct inspections required under this
103 chapter of x-ray facilities registered with the division; and
104 (ii) establish qualifications and certification procedures necessary for independent
105 experts to conduct these inspections.
106 (b) Independent experts under this Subsection (10) are not considered employees or
107 representatives of the division or the state when conducting the inspections.
108 (11) (a) The board may by rule establish criteria for siting commercial low-level
109 radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section
110 19-3-103.7 .
111 (b) [
112 which a radioactive material license is required by this section shall comply with those criteria.
113 (c) [
114 material license until siting criteria have been established by the board. The criteria also apply
115 to facilities that have applied for but not received a radioactive material license.
116 (12) The board shall by rule establish financial assurance requirements for closure and
117 postclosure care of radioactive waste land disposal facilities, taking into account existing
118 financial assurance requirements.
119 Section 2. Section 19-3-105 is amended to read:
120 19-3-105. Definitions -- Legislative and gubernatorial approval required for
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122 license.
123 (1) As used in this section:
124 (a) "Alternate feed material" has the same definition as provided in Section 59-24-102 .
125 (b) (i) "Class A low-level radioactive waste" means:
126 (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
127 (B) radium-226 up to a maximum radionuclide concentration level of 10,000
128 picocuries per gram.
129 (ii) "Class A low-level radioactive waste" does not include:
130 (A) uranium mill tailings;
131 (B) naturally occurring radioactive materials; or
132 (C) the following radionuclides if classified as "special nuclear material" under the
133 Atomic Energy Act of 1954, 42 U.S.C. 2014:
134 (I) uranium-233; and
135 (II) uranium-235 with a radionuclide concentration level greater than the concentration
136 limits for specific conditions and enrichments established by an order of the Nuclear
137 Regulatory Commission:
138 (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
139 (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
140 waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
141 nuclear material exemption order.
142 (c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers,
143 stores, decays in storage, treats, or disposes of radioactive waste:
144 (A) commercially for profit; or
145 (B) generated at locations other than the radioactive waste facility.
146 (ii) "Radioactive waste facility" does not include a facility that receives:
147 (A) alternate feed material for reprocessing; or
148 (B) radioactive waste from a location in the state designated as a processing site under
149 42 U.S.C. 7912(f).
150 (d) "Radioactive waste license" or "license" means a radioactive material license issued
151 by the executive secretary under Subsection 19-3-108 (2)(c)(i), to own, construct, modify, or
152
153 (2) The provisions of this section are subject to the prohibition under Section
154 19-3-103.7 .
155 (3) [
156 a radioactive waste facility without:
157 (a) having received a radioactive waste license for the facility;
158 (b) meeting the requirements established by rule under Section 19-3-104 ;
159 (c) the approval of the governing body of the municipality or county responsible for
160 local planning and zoning where the radioactive waste is or will be located; and
161 (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
162 approval of the governor and the Legislature.
163 (4) [
164 application to renew or amend an existing radioactive waste license, is subject to the
165 requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:
166 (a) specifies a different geographic site than a previously submitted application;
167 (b) would cost 50% or more of the cost of construction of the original radioactive
168 waste facility or the modification would result in an increase in capacity or throughput of a
169 cumulative total of 50% of the total capacity or throughput which was approved in the facility
170 license as of January 1, 1990, or the initial approval facility license if the initial license
171 approval is subsequent to January 1, 1990; or
172 (c) requests approval to receive, transfer, store, decay in storage, treat, or dispose of
173 radioactive waste having a higher radionuclide concentration limit than allowed, under an
174 existing approved license held by the facility, for the specific type of waste to be received,
175 transferred, stored, decayed in storage, treated, or disposed of.
176 (5) The requirements of Subsection (4)(c) do not apply to an application to renew or
177 amend an existing radioactive waste license if:
178 (a) the radioactive waste facility requesting the renewal or amendment has received a
179 license prior to January 1, 2004; and
180 (b) the application to renew or amend its license is limited to a request to approve the
181 receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
182 radioactive waste.
House Floor Amendments 2-14-2007 je/erb
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(6) A radioactive waste facility which receives a new radioactive waste license after183
184 May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license
185 application, renewal, or amendment that requests approval to receive, transfer, store, decay in
186 storage, treat, or dispose of radioactive waste not previously approved under an existing license
187 held by the facility.
188 (7) If the board finds that approval of additional radioactive waste license applications,
189 renewals, or amendments will result in inadequate oversight, monitoring, or licensure
190 compliance and enforcement of existing and any additional radioactive waste facilities, the
191 board shall suspend acceptance of further applications for radioactive waste licenses. The
192 board shall report the suspension to the Legislative Management Committee.
193 (8) The board shall review each proposed radioactive waste license application to
194 determine whether the application complies with the provisions of this chapter and the rules of
195 the board.
196 (9) (a) If the radioactive waste license application is determined to be complete, the
197 board shall issue a notice of completeness.
198 (b) If the board determines that the radioactive waste license application is incomplete,
199 the board shall issue a notice of deficiency, listing the additional information to be provided by
200 the applicant to complete the application.
201 (10) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104 (11) do
202 not apply to:
203 (a) a radioactive waste license that is in effect on December 31, 2006, including all
204 amendments to the license that have taken effect as of December 31, 2006;
205 (b) a license application H. for a facility in existence as of December 31, 2006 .H ,
205a unless the license application includes an area beyond the
206 facility boundary approved in the license described in Subsection (10)(a); or
207 (c) an application to renew or amend a license described in Subsection (10)(a), unless
208 the renewal or amendment includes an area beyond the facility boundary approved in the
209 license described in Subsection (10)(a).
Legislative Review Note
as of 1-19-07 4:36 PM