This document includes House Committee Amendments incorporated into the bill on Thu, Mar 2, 2017 at 10:02 AM by jeyring.
Representative Mike K. McKell proposes the following substitute bill:




Chief Sponsor: J. Stuart Adams

House Sponsor: Mike K. McKell


8     General Description:
9          This bill modifies provisions of the Radiation Control Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "unlicensed facility" and "radioactive waste facility";
13          ▸     modifies financial assurance requirements for a licensed and an unlicensed facility;
14     and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          19-3-102, as last amended by Laws of Utah 2015, Chapter 451
23          19-3-104, as last amended by Laws of Utah 2015, Chapters 441 and 451
24          19-3-105, as last amended by Laws of Utah 2015, Chapter 451

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 19-3-102 is amended to read:
28          19-3-102. Definitions.
29          As used in this chapter:
30          (1) "Board" means the Waste Management and Radiation Control Board created under
31     Section 19-1-106.
32          (2) (a) "Broker" means a person who performs one or more of the following functions
33     for a generator:
34          (i) arranges for transportation of the radioactive waste;
35          (ii) collects or consolidates shipments of radioactive waste; or
36          (iii) processes radioactive waste in some manner.
37          (b) "Broker" does not include a carrier whose sole function is to transport the
38     radioactive waste.
39          (3) "Byproduct material" [has the same meaning as] means the same as that term is
40     defined in 42 U.S.C. Sec. 2014(e)(2).
41          (4) "Class B and class C low-level radioactive waste" [has the same meaning as] means
42     the same as that term is defined in 10 CFR 61.55.
43          (5) "Director" means the director of the Division of Waste Management and Radiation
44     Control.
45          (6) "Division" means the Division of Waste Management and Radiation Control,
46     created in Subsection 19-1-105(1)(d).
47          (7) "Generator" means a person who:
48          (a) possesses any material or component:
49          (i) that contains radioactivity or is radioactively contaminated; and
50          (ii) for which the person foresees no further use; and
51          (b) transfers the material or component to:
52          (i) a commercial radioactive waste treatment or disposal facility; or
53          (ii) a broker.
54          (8) (a) "High-level nuclear waste" means spent reactor fuel assemblies, dismantled
55     nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
56     defense-related wastes.

57          (b) "High-level nuclear waste" does not include medical or institutional wastes,
58     naturally[-] occurring radioactive materials, or uranium mill tailings.
59          (9) (a) "Low-level radioactive waste" means waste material [which] that contains
60     radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or
61     quantities [which] that exceed applicable federal or state standards for unrestricted release.
62          (b) "Low-level radioactive waste" does not include waste containing more than 100
63     nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor
64     material classified as either high-level waste or waste which is unsuited for disposal by
65     near-surface burial under any applicable federal regulations.
66          (10) "Radiation" means ionizing and nonionizing radiation, including gamma rays,
67     X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
68          (11) "Radioactive" means any solid, liquid, or gas which emits radiation spontaneously
69     from decay of unstable nuclei.
70          (12) "Unlicensed facility" means a structure, road, or property:
71          (a) adjacent to, but outside of, a licensed or permitted area; and
72          (b) that is not used for waste disposal or waste management.
73          Section 2. Section 19-3-104 is amended to read:
74          19-3-104. Registration and licensing of radiation sources by department --
75     Assessment of fees -- Rulemaking authority and procedure -- Siting criteria -- Indirect
76     and direct costs.
77          (1) As used in this section:
78          (a) "Decommissioning" includes financial assurance.
79          (b) "Source material" and "byproduct material" [have the same definitions as] mean the
80     same as those terms are defined in the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2014, as
81     amended.
82          (2) The division may require the registration or licensing of radiation sources that
83     constitute a significant health hazard.
84          (3) All sources of ionizing radiation, including ionizing radiation producing machines,
85     shall be registered or licensed by the department.
86          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
87     board may make rules:

88          (a) necessary for controlling exposure to sources of radiation that constitute a
89     significant health hazard;
90          (b) to meet the requirements of federal law relating to radiation control to ensure the
91     radiation control program under this part is qualified to maintain primacy from the federal
92     government;
93          (c) to establish certification procedure and qualifications for persons who survey
94     mammography equipment and oversee quality assurance practices at mammography facilities;
95     and
96          (d) as necessary regarding the possession, use, transfer, or delivery of source and
97     byproduct material and the disposal of byproduct material to establish requirements for:
98          (i) the licensing, operation, decontamination, and decommissioning, including financial
99     assurances; and
100          (ii) the reclamation of sites, structures, and equipment used in conjunction with the
101     activities described in this Subsection (4).
102          (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
103     byproduct material and the disposal of byproduct material at uranium mills or commercial
104     waste facilities, as provided in this Subsection (5).
105          (b) On and after January 1, 2003, through March 30, 2003:
106          (i) $6,667 per month for uranium mills or commercial sites disposing of or
107     reprocessing byproduct material; and
108          (ii) $4,167 per month for those uranium mills the director has determined are on
109     standby status.
110          (c) On and after March 31, 2003, through June 30, 2003, the same fees as in
111     Subsection (5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah
112     an amendment for agreement state status for uranium recovery regulation on or before March
113     30, 2003.
114          (d) If the Nuclear Regulatory Commission does not grant the amendment for state
115     agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
116     are not required to be paid until on and after the later date of:
117          (i) October 1, 2003; or
118          (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for

119     agreement state status for uranium recovery regulation.
120          (e) For the payment periods beginning on and after July 1, 2003, the department shall
121     establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject to the
122     restrictions under Subsection (5)(d).
123          (f) The division shall deposit fees it receives under this Subsection (5) into the
124     Environmental Quality Restricted Account created in Section 19-1-108.
125          (6) (a) The division shall assess fees for registration, licensing, and inspection of
126     radiation sources under this section.
127          (b) The division shall comply with the requirements of Section 63J-1-504 in assessing
128     fees for licensure and registration.
129          (7) (a) Except as provided in Subsection (8), and in accordance with Title 63G,
130     Chapter 3, Utah Administrative Rulemaking Act, the board may not adopt rules, for the
131     purpose of the state assuming responsibilities from the United States Nuclear Regulatory
132     Commission with respect to regulation of sources of ionizing radiation, that are more stringent
133     than the corresponding federal regulations which address the same circumstances.
134          (b) In adopting those rules, the board may incorporate corresponding federal
135     regulations by reference.
136          (8) (a) The board may adopt rules more stringent than corresponding federal
137     regulations for the purpose described in Subsection (7) only if it makes a written finding after
138     public comment and hearing and based on evidence in the record that corresponding federal
139     regulations are not adequate to protect public health and the environment of the state.
140          (b) Those findings shall be accompanied by an opinion referring to and evaluating the
141     public health and environmental information and studies contained in the record which form
142     the basis for the board's conclusion.
143          (9) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
144     the board shall by rule:
145          (i) authorize independent qualified experts to conduct inspections required under this
146     chapter of x-ray facilities registered with the division; and
147          (ii) establish qualifications and certification procedures necessary for independent
148     experts to conduct these inspections.
149          (b) Independent experts under this Subsection (9) are not considered employees or

150     representatives of the division or the state when conducting the inspections.
151          (10) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
152     the board may by rule establish criteria for siting commercial low-level radioactive waste
153     treatment or disposal facilities, subject to the prohibition imposed by Section 19-3-103.7.
154          (b) Subject to Subsection 19-3-105(10), any facility under Subsection (10)(a) for which
155     a radioactive material license is required by this section shall comply with those criteria.
156          (c) Subject to Subsection 19-3-105(10), a facility may not receive a radioactive
157     material license until siting criteria have been established by the board. The criteria also apply
158     to facilities that have applied for but not received a radioactive material license.
159          (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
160     the board shall make rules that:
161          (a) establish financial assurance requirements for closure and postclosure care of
162     radioactive waste land disposal facilities[.]; and
163          (b) establish financial assurance requirements for closure and postclosure care of an
164     unlicensed facility.
165          (12) The rules described in Subsection (11) shall include the following provisions:
166          (a) the financial assurance shall be based on an annual [calculation] estimate and shall
167     include [the costs of] closure and postclosure [care of radioactive waste land disposal facilities]
168     costs in all areas subject to the licensed or permitted portions of the facility;
169          (b) financial assurance [for closing the areas within the disposal embankments shall be
170     limited to the cost of closing areas where waste has been disposed; and] for an unlicensed
171     facility that supports the operation of a licensed or permitted facility shall include the estimated
172     cost of:
173          [(c) at the option of the licensee or permittee, the financial assurance requirements
174     shall be based on:]
175          (i) the removal of structures;
176          (ii) the testing of structures, roads, and property to ensure no radiological
177     contamination has occurred outside of the licensed area; and
178          (iii) stabilization and water infiltration control;
179          (c) financial assurance cost estimates for a single approved waste disposal unit for
180     which the volume of waste already placed and proposed to be placed in the unit within the

181     surety period is less than the full waste capacity of the unit shall reflect the closure and
182     postclosure costs for a waste disposal unit smaller than the approved waste disposal unit, if the
183     unit could be reduced in size, meet closure requirements, and reduce closure costs;
184          (d) financial assurance cost estimates for two approved adjacent waste disposal units
185     that have been approved to be combined into a single unit and for which the combined volume
186     of waste already placed and proposed to be placed in the units within the surety period is less
187     than the combined waste capacity for the two separate units shall reflect either two separate
188     waste disposal units or a single combined unit, whichever has the lowest closure and
189     postclosure costs;
190          (e) the licensee or permittee shall annually propose closure and postclosure costs upon
191     which financial assurance amounts are based, including costs of potential remediation at the
192     licensed or permitted facility and, notwithstanding the Ĥ→ [
obligation limitations] obligations ←Ĥ
192a     described in
193     Subsection (12)(b), any unlicensed facility;
194          (f) to provide the information in Subsection (12)(e), the licensee or permittee shall
195     provide:
196          (i) [an annual calculation] a proposed annual cost estimate using the current edition of
197     RS Means Facilities Construction Cost Data or using a process, including an indirect cost
198     multiplier, previously agreed to between the licensee or permittee and the director; or
199          (ii) (A) for an initial financial assurance determination and for each financial assurance
200     determination every five years thereafter, a proposed competitive site-specific [bid] estimate
201     for closure and postclosure care of the facility at least once every five years; and
202          (B) for each year between a financial assurance determination [as] described in
203     Subsection [(12)(c)(ii)(A),] (12)(f)(ii)(A), a proposed financial assurance estimate that accounts
204     for current site conditions and that includes an annual inflation adjustment to the financial
205     assurance determination using the Gross Domestic Product Implicit Price Deflator of the
206     Bureau of Economic Analysis, United States Department of Commerce, calculated by dividing
207     the latest annual deflator by the deflator for the previous year[.]; and
208          (g) the director shall:
209          (i) annually review the licensee's or permittee's proposed closure and postclosure
210     estimate; and
211          (ii) approve the estimate if the director determines that the estimate would be sufficient

212     to provide for closure and postclosure costs.
213          (13) Subject to the financial assurance requirements described in Subsections (11) and
214     (12), if the director and the licensee or permittee do not agree on a final financial assurance
215     determination made by the director, the licensee or permittee may appeal the determination in:
216          (a) an arbitration proceeding governed by Title 78B, Chapter 11, Utah Uniform
217     Arbitration Act, with the costs of the arbitration to be split equally between the licensee or
218     permittee and the division, if both the licensee or permittee and the director agree in writing to
219     arbitration; or
220          (b) a special adjudicative proceeding under Section 19-1-301.5.
221          Section 3. Section 19-3-105 is amended to read:
222          19-3-105. Definitions -- Legislative and gubernatorial approval required for
223     radioactive waste license -- Exceptions -- Application for new, renewed, or amended
224     license.
225          (1) As used in this section:
226          (a) "Alternate feed material" has the same definition as provided in Section 59-24-102.
227          (b) "Approval application" means an application by a radioactive waste facility
228     regulated under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit, license,
229     registration, certification, or other authorization.
230          (c) (i) "Class A low-level radioactive waste" means:
231          (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
232          (B) radium-226 up to a maximum radionuclide concentration level of 10,000
233     picocuries per gram.
234          (ii) "Class A low-level radioactive waste" does not include:
235          (A) uranium mill tailings;
236          (B) naturally occurring radioactive materials; or
237          (C) the following radionuclides if classified as "special nuclear material" under the
238     Atomic Energy Act of 1954, 42 U.S.C. 2014:
239          (I) uranium-233; and
240          (II) uranium-235 with a radionuclide concentration level greater than the concentration
241     limits for specific conditions and enrichments established by an order of the Nuclear
242     Regulatory Commission:

243          (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
244          (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
245     waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
246     nuclear material exemption order.
247          (d) (i) "Radioactive waste facility" or "facility" means a facility that [receives,
248     transfers, stores,] decays radioactive waste in storage, treats radioactive waste, or disposes of
249     radioactive waste:
250          (A) commercially for profit; or
251          (B) generated at locations other than the radioactive waste facility.
252          (ii) "Radioactive waste facility" does not include a facility that receives:
253          (A) alternate feed material for reprocessing; or
254          (B) radioactive waste from a location in the state designated as a processing site under
255     42 U.S.C. 7912(f).
256          (e) "Radioactive waste license" or "license" means a radioactive material license issued
257     by the director under Subsection 19-3-108(2)(d), to own, construct, modify, or operate a
258     radioactive waste facility.
259          (2) The provisions of this section are subject to the prohibition under Section
260     19-3-103.7.
261          (3) Subject to Subsection (8), a person may not own, construct, modify, or operate a
262     radioactive waste facility without:
263          (a) having received a radioactive waste license for the facility;
264          (b) meeting the requirements established by rule under Section 19-3-104;
265          (c) the approval of the governing body of the municipality or county responsible for
266     local planning and zoning where the radioactive waste is or will be located; and
267          (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
268     approval of the governor and the Legislature.
269          (4) Subject to Subsection (8), a new radioactive waste license application, or an
270     application to renew or amend an existing radioactive waste license, is subject to the
271     requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:
272          (a) specifies a different geographic site than a previously submitted application;
273          (b) would cost 50% or more of the cost of construction of the original radioactive

274     waste facility or the modification would result in an increase in capacity or throughput of a
275     cumulative total of 50% of the total capacity or throughput which was approved in the facility
276     license as of January 1, 1990, or the initial approval facility license if the initial license
277     approval is subsequent to January 1, 1990; or
278          (c) requests approval to [receive, transfer, store,] decay radioactive waste in storage,
279     treat radioactive waste, or dispose of radioactive waste having a higher radionuclide
280     concentration limit than allowed, under an existing approved license held by the facility, for the
281     specific type of waste to be [received, transferred, stored,] decayed in storage, treated, or
282     disposed of.
283          (5) The requirements of Subsection (4)(c) do not apply to an application to renew or
284     amend an existing radioactive waste license if:
285          (a) the radioactive waste facility requesting the renewal or amendment has received a
286     license prior to January 1, 2004; and
287          (b) the application to renew or amend its license is limited to a request to approve the
288     receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
289     radioactive waste.
290          (6) A radioactive waste facility [which] that receives a new radioactive waste license
291     after May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any
292     license application, renewal, or amendment that requests approval to [receive, transfer, store,]
293     decay radioactive waste in storage, treat radioactive waste, or dispose of radioactive waste not
294     previously approved under an existing license held by the facility.
295          (7) If the board finds that approval of additional radioactive waste license applications,
296     renewals, or amendments will result in inadequate oversight, monitoring, or licensure
297     compliance and enforcement of existing and any additional radioactive waste facilities, the
298     board shall suspend acceptance of further applications for radioactive waste licenses. The
299     board shall report the suspension to the Legislative Management Committee.
300          (8) The requirements of Subsections (3)(c) and (d) and Subsection 19-3-104(10) do not
301     apply to:
302          (a) a radioactive waste license that is in effect on December 31, 2006, including all
303     amendments to the license that have taken effect as of December 31, 2006;
304          (b) a license application for a facility in existence as of December 31, 2006, unless the

305     license application includes an area beyond the facility boundary approved in the license
306     described in Subsection (8)(a); or
307          (c) an application to renew or amend a license described in Subsection (8)(a), unless
308     the renewal or amendment includes an area beyond the facility boundary approved in the
309     license described in Subsection (8)(a).
310          (9) (a) The director shall review an approval application to determine whether the
311     application complies with the requirements of this chapter and the rules of the board.
312          (b) Within 60 days after the day on which the director receives an approval application
313     described in Subsection (10)(a)(ii) or (iii), the director shall:
314          (i) determine whether the application is complete and contains all the information
315     necessary to process the application for approval; and
316          (ii) (A) issue a notice of completeness to the applicant; or
317          (B) issue a notice of deficiency to the applicant and list the additional information
318     necessary to complete the application.
319          (c) The director shall review information submitted in response to a notice of
320     deficiency within 30 days after the day on which the director receives the information.
321          (10) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
322     Administrative Rulemaking Act, to:
323          (a) categorize approval applications as follows:
324          (i) approval applications that:
325          (A) are administrative in nature;
326          (B) require limited scrutiny by the director; and
327          (C) do not require public input;
328          (ii) approval applications that:
329          (A) require substantial scrutiny by the director;
330          (B) require public input; and
331          (C) are not described in Subsection (10)(a)(iii); and
332          (iii) approval applications for:
333          (A) the granting or renewal of a radioactive waste license;
334          (B) the granting or renewal of a groundwater permit issued by the director for a
335     radioactive waste facility;

336          (C) an amendment to a radioactive waste license, or a groundwater permit, that allows
337     the design and approval of a new disposal cell;
338          (D) an amendment to a radioactive waste license or groundwater discharge permit for a
339     radioactive waste facility to eliminate groundwater monitoring; and
340          (E) a radioactive waste facility closure plan;
341          (b) provide time periods for the director to review, and approve or deny, an application
342     described in Subsection (10)(a) as follows:
343          (i) for applications categorized under Subsection (10)(a)(i), within 30 days after the day
344     on which the director receives the application;
345          (ii) for applications categorized under Subsection (10)(a)(ii), within 180 days after the
346     day on which the director receives the application;
347          (iii) for applications categorized under Subsection (10)(a)(iii), as follows:
348          (A) for a new radioactive waste license, within 540 days after the day on which the
349     director receives the application;
350          (B) for a new groundwater permit issued by the director for a radioactive waste facility
351     consistent with the provisions of Title 19, Chapter 5, Water Quality Act, within 540 days after
352     the day on which the director receives the application;
353          (C) for a radioactive waste license renewal, within 365 days after the day on which the
354     director receives the application;
355          (D) for a groundwater permit renewal issued by the director for a radioactive waste
356     facility, within 365 days after the day on which the director receives the application;
357          (E) for an amendment to a radioactive waste license, or a groundwater permit, that
358     allows the design and approval of a new disposal cell, within 365 days after the day on which
359     the director receives the application;
360          (F) for an amendment to a radioactive waste license, or a groundwater discharge
361     permit, for a radioactive waste facility to eliminate groundwater monitoring, within 365 days
362     after the day on which the director receives the application; and
363          (G) for a radioactive waste facility closure plan, within 365 days after the day on which
364     the director receives the application;
365          (c) toll the time periods described in Subsection (10)(b):
366          (i) while an owner or operator of a facility responds to the director's request for

367     information;
368          (ii) during a public comment period; or
369          (iii) while the federal government reviews the application; and
370          (d) require the director to prepare a detailed written explanation of the basis for the
371     director's approval or denial of an approval application.