Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 79 First Substitute (2017GS)

Sponsor

Sen. Adams, J. S.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines "unlicensed facility" and "radioactive waste facility";
• modifies financial assurance requirements for a licensed and an unlicensed facility; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

WASTE MANAGEMENT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: J. Stuart Adams
House Sponsor: 
Mike K. McKell
LONG TITLE
General Description:
This bill modifies provisions of the Radiation Control Act.
Highlighted Provisions:
This bill:
▸ defines "unlicensed facility" and "radioactive waste facility";
▸ modifies financial assurance requirements for a licensed and an unlicensed facility;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-3-102
, as last amended by Laws of Utah 2015, Chapter 451
19-3-104
, as last amended by Laws of Utah 2015, Chapters 441 and 451
19-3-105
, as last amended by Laws of Utah 2015, Chapter 451
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
19-3-102
 is amended to read:
19-3-102.
Definitions.
As used in this chapter:
(1) "Board" means the Waste Management and Radiation Control Board created under
Section 
19-1-106
.
(2) (a) "Broker" means a person who performs one or more of the following functions
for a generator:
(i) arranges for transportation of the radioactive waste;
(ii) collects or consolidates shipments of radioactive waste; or
(iii) processes radioactive waste in some manner.
(b) "Broker" does not include a carrier whose sole function is to transport the
radioactive waste.
(3) "Byproduct material" [
has the same meaning as
] 
means the same as that term is
defined
 in 42 U.S.C. Sec. 2014(e)(2).
(4) "Class B and class C low-level radioactive waste" [
has the same meaning as
] 
means
the same as that term is defined
 in 10 [
CFR
] 
C.F.R. Sec.
 61.55.
(5) "Director" means the director of the Division of Waste Management and Radiation
Control.
(6) "Division" means the Division of Waste Management and Radiation Control,
created in Subsection 
19-1-105
(1)(d).
(7) "Generator" means a person who:
(a) possesses any material or component:
(i) that contains radioactivity or is radioactively contaminated; and
(ii) for which the person foresees no further use; and
(b) transfers the material or component to:
(i) a commercial radioactive waste treatment or disposal facility; or
(ii) a broker.
(8) (a) "High-level nuclear waste" means spent reactor fuel assemblies, dismantled
nuclear reactor components, and solid and liquid wastes from fuel reprocessing and
defense-related wastes.
(b) "High-level nuclear waste" does not include medical or institutional wastes,
naturally[
-
] occurring radioactive materials, or uranium mill tailings.
(9) (a) "Low-level radioactive waste" means waste material [
which
] 
that
 contains
radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or
quantities [
which
] 
that
 exceed applicable federal or state standards for unrestricted release.
(b) "Low-level radioactive waste" does not include waste containing more than 100
nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material
classified as either high-level waste or waste which is unsuited for disposal by near-surface
burial under any applicable federal regulations.
(10) "Radiation" means ionizing and nonionizing radiation, including gamma rays,
X-rays, alpha and beta particles, high speed electrons, and other nuclear particles.
(11) "Radioactive" means any solid, liquid, or gas which emits radiation spontaneously
from decay of unstable nuclei.
(12) "Unlicensed facility" means a structure, road, or property:
(a) adjacent to, but outside of, a licensed or permitted area; and
(b) that is not used for waste disposal or waste management.
Section 2. Section 
19-3-104
 is amended to read:
19-3-104.
Registration and licensing of radiation sources by department --
Assessment of fees -- Rulemaking authority and procedure -- Siting criteria -- Indirect
and direct costs.
(1) As used in this section:
(a) "Decommissioning" includes financial assurance.
(b) "Source material" and "byproduct material" [
have the same definitions as
] 
mean the
same as those terms are defined
 in the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2014, as
amended.
(2) The division may require the registration or licensing of radiation sources that
constitute a significant health hazard.
(3) All sources of ionizing radiation, including ionizing radiation producing machines,
shall be registered or licensed by the department.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board may make rules:
(a) necessary for controlling exposure to sources of radiation that constitute a
significant health hazard;
(b) to meet the requirements of federal law relating to radiation control to ensure the
radiation control program under this part is qualified to maintain primacy from the federal
government;
(c) to establish certification procedure and qualifications for persons who survey
mammography equipment and oversee quality assurance practices at mammography facilities;
and
(d) as necessary regarding the possession, use, transfer, or delivery of source and
byproduct material and the disposal of byproduct material to establish requirements for:
(i) the licensing, operation, decontamination, and decommissioning, including financial
assurances; and
(ii) the reclamation of sites, structures, and equipment used in conjunction with the
activities described in this Subsection (4).
(5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and
byproduct material and the disposal of byproduct material at uranium mills or commercial waste
facilities, as provided in this Subsection (5).
(b) On and after January 1, 2003, through March 30, 2003:
(i) $6,667 per month for uranium mills or commercial sites disposing of or reprocessing
byproduct material; and
(ii) $4,167 per month for those uranium mills the director has determined are on
standby status.
(c) On and after March 31, 2003, through June 30, 2003, the same fees as in Subsection
(5)(b) apply, but only if the federal Nuclear Regulatory Commission grants to Utah an
amendment for agreement state status for uranium recovery regulation on or before March 30,
2003.
(d) If the Nuclear Regulatory Commission does not grant the amendment for state
agreement status on or before March 30, 2003, fees under Subsection (5)(e) do not apply and
are not required to be paid until on and after the later date of:
(i) October 1, 2003; or
(ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for
agreement state status for uranium recovery regulation.
(e) For the payment periods beginning on and after July 1, 2003, the department shall
establish the fees required under Subsection (5)(a) under Section 
63J-1-504
, subject to the
restrictions under Subsection (5)(d).
(f) The division shall deposit fees it receives under this Subsection (5) into the
Environmental Quality Restricted Account created in Section 
19-1-108
.
(6) (a) The division shall assess fees for registration, licensing, and inspection of
radiation sources under this section.
(b) The division shall comply with the requirements of Section 
63J-1-504
 in assessing
fees for licensure and registration.
(7) (a) Except as provided in Subsection (8), and in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, the board may not adopt rules, for the purpose of the
state assuming responsibilities from the United States Nuclear Regulatory Commission with
respect to regulation of sources of ionizing radiation, that are more stringent than the
corresponding federal regulations which address the same circumstances.
(b) In adopting those rules, the board may incorporate corresponding federal
regulations by reference.
(8) (a) The board may adopt rules more stringent than corresponding federal
regulations for the purpose described in Subsection (7) only if it makes a written finding after
public comment and hearing and based on evidence in the record that corresponding federal
regulations are not adequate to protect public health and the environment of the state.
(b) Those findings shall be accompanied by an opinion referring to and evaluating the
public health and environmental information and studies contained in the record which form the
basis for the board's conclusion.
(9) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the board shall by rule:
(i) authorize independent qualified experts to conduct inspections required under this
chapter of x-ray facilities registered with the division; and
(ii) establish qualifications and certification procedures necessary for independent
experts to conduct these inspections.
(b) Independent experts under this Subsection (9) are not considered employees or
representatives of the division or the state when conducting the inspections.
(10) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the board may by rule establish criteria for siting commercial low-level radioactive waste
treatment or disposal facilities, subject to the prohibition imposed by Section 
19-3-103.7
.
(b) Subject to Subsection 
19-3-105
(10), any facility under Subsection (10)(a) for which
a radioactive material license is required by this section shall comply with those criteria.
(c) Subject to Subsection 
19-3-105
(10), a facility may not receive a radioactive material
license until siting criteria have been established by the board. The criteria also apply to
facilities that have applied for but not received a radioactive material license.
(11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the board shall make rules that
:
(a)
 establish financial assurance requirements for closure and postclosure care of
radioactive waste land disposal facilities[
.
]
; and
(b) establish financial assurance requirements for closure and postclosure care of an
unlicensed facility.
(12) The rules described in Subsection (11) shall include the following provisions:
(a) the financial assurance shall be based on an annual [
calculation
] 
estimate
 and shall
include [
the costs of
] closure and postclosure [
care of radioactive waste land disposal facilities
]
costs
 in all areas subject to the licensed or permitted portions of the facility;
(b) financial assurance [
for closing the areas within the disposal embankments shall be
limited to the cost of closing areas where waste has been disposed; and
] 
for an unlicensed
facility that supports the operation of a licensed or permitted facility shall include the estimated
cost of:
[
(c) at the option of the licensee or permittee, the financial assurance requirements shall
be based on:
]
(i) the removal of structures;
(ii) the testing of structures, roads, and property to ensure no radiological
contamination has occurred outside of the licensed area; and
(iii) stabilization and water infiltration control;
(c) financial assurance cost estimates for a single approved waste disposal unit for
which the volume of waste already placed and proposed to be placed in the unit within the
surety period is less than the full waste capacity of the unit shall reflect the closure and
postclosure costs for a waste disposal unit smaller than the approved waste disposal unit, if the
unit could be reduced in size, meet closure requirements, and reduce closure costs;
(d) financial assurance cost estimates for two approved adjacent waste disposal units
that have been approved to be combined into a single unit and for which the combined volume
of waste already placed and proposed to be placed in the units within the surety period is less
than the combined waste capacity for the two separate units shall reflect either two separate
waste disposal units or a single combined unit, whichever has the lowest closure and
postclosure costs;
(e) the licensee or permittee shall annually propose closure and postclosure costs upon
which financial assurance amounts are based, including costs of potential remediation at the
licensed or permitted facility and, notwithstanding the obligations described in Subsection
(12)(b), any unlicensed facility;
(f) to provide the information in Subsection (12)(e), the licensee or permittee shall
provide:
(i) [
an annual calculation
] 
a proposed annual cost estimate
 using the current edition of
RS Means Facilities Construction Cost Data or using a process, including an indirect cost
multiplier, previously agreed to between the licensee or permittee and the director; or
(ii) (A) for an initial financial assurance determination and for each financial assurance
determination every five years thereafter, a 
proposed
 competitive site-specific [
bid
] 
estimate
 for
closure and postclosure care of the facility at least once every five years; and
(B) for each year between a financial assurance determination [
as
] described in
Subsection [
(12)(c)(ii)(A),
] 
(12)(f)(ii)(A), a proposed financial assurance estimate that accounts
for current site conditions and that includes
 an annual inflation adjustment to the financial
assurance determination using the Gross Domestic Product Implicit Price Deflator of the
Bureau of Economic Analysis, United States Department of Commerce, calculated by dividing
the latest annual deflator by the deflator for the previous year[
.
]
; and
(g) the director shall:
(i) annually review the licensee's or permittee's proposed closure and postclosure
estimate; and
(ii) approve the estimate if the director determines that the estimate would be sufficient
to provide for closure and postclosure costs.
(13) Subject to the financial assurance requirements described in Subsections (11) and
(12), if the director and the licensee or permittee do not agree on a final financial assurance
determination made by the director, the licensee or permittee may appeal the determination in:
(a) an arbitration proceeding governed by Title 78B, Chapter 11, Utah Uniform
Arbitration Act, with the costs of the arbitration to be split equally between the licensee or
permittee and the division, if both the licensee or permittee and the director agree in writing to
arbitration; or
(b) a special adjudicative proceeding under Section 
19-1-301.5
.
Section 3. Section 
19-3-105
 is amended to read:
19-3-105.
Definitions -- Legislative and gubernatorial approval required for
radioactive waste license -- Exceptions -- Application for new, renewed, or amended
license.
(1) As used in this section:
(a) "Alternate feed material" has the same definition as provided in Section 
59-24-102
.
(b) "Approval application" means an application by a radioactive waste facility
regulated under this chapter or Title 19, Chapter 5, Water Quality Act, for a permit, license,
registration, certification, or other authorization.
(c) (i) "Class A low-level radioactive waste" means:
(A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
(B) radium-226 up to a maximum radionuclide concentration level of 10,000 picocuries
per gram.
(ii) "Class A low-level radioactive waste" does not include:
(A) uranium mill tailings;
(B) naturally occurring radioactive materials; or
(C) the following radionuclides if classified as "special nuclear material" under the
Atomic Energy Act of 1954, 42 U.S.C. 2014:
(I) uranium-233; and
(II) uranium-235 with a radionuclide concentration level greater than the concentration
limits for specific conditions and enrichments established by an order of the Nuclear Regulatory
Commission:
(Aa) to ensure criticality safety for a radioactive waste facility in the state; and
(Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive
waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special
nuclear material exemption order.
(d) (i) "Radioactive waste facility" or "facility" means a facility that [
receives, transfers,
stores,
] decays 
radioactive waste
 in storage, treats 
radioactive waste
, or disposes of radioactive
waste:
(A) commercially for profit; or
(B) generated at locations other than the radioactive waste facility.
(ii) "Radioactive waste facility" does not include a facility that receives:
(A) alternate feed material for reprocessing; or
(B) radioactive waste from a location in the state designated as a processing site under
42 U.S.C. 7912(f).
(e) "Radioactive waste license" or "license" means a radioactive material license issued
by the director under Subsection 
19-3-108
(2)(d), to own, construct, modify, or operate a
radioactive waste facility.
(2) The provisions of this section are subject to the prohibition under Section
19-3-103.7
.
(3) Subject to Subsection (8), a person may not own, construct, modify, or operate a
radioactive waste facility without:
(a) having received a radioactive waste license for the facility;
(b) meeting the requirements established by rule under Section 
19-3-104
;
(c) the approval of the governing body of the municipality or county responsible for
local planning and zoning where the radioactive waste is or will be located; and
(d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the
approval of the governor and the Legislature.
(4) Subject to Subsection (8), a new radioactive waste license application, or an
application to renew or amend an existing radioactive waste license, is subject to the
requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:
(a) specifies a different geographic site than a previously submitted application;
(b) would cost 50% or more of the cost of construction of the original radioactive
waste facility or the modification would result in an increase in capacity or throughput of a
cumulative total of 50% of the total capacity or throughput which was approved in the facility
license as of January 1, 1990, or the initial approval facility license if the initial license approval
is subsequent to January 1, 1990; or
(c) requests approval to [
receive, transfer, store,
] decay 
radioactive waste
 in storage,
treat 
radioactive waste
, or dispose of radioactive waste having a higher radionuclide
concentration limit than allowed, under an existing approved license held by the facility, for the
specific type of waste to be [
received, transferred, stored,
] decayed in storage, treated, or
disposed of.
(5) The requirements of Subsection (4)(c) do not apply to an application to renew or
amend an existing radioactive waste license if:
(a) the radioactive waste facility requesting the renewal or amendment has received a
license prior to January 1, 2004; and
(b) the application to renew or amend its license is limited to a request to approve the
receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level
radioactive waste.
(6) A radioactive waste facility [
which
] 
that
 receives a new radioactive waste license
after May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any
license application, renewal, or amendment that requests approval to [
receive, transfer, store,
]
decay 
radioactive waste
 in storage, treat 
radioactive waste
, or dispose of radioactive waste not
previously approved under an existing license held by the facility.
(7) If the board finds that approval of additional radioactive waste license applications,
renewals, or amendments will result in inadequate oversight, monitoring, or licensure
compliance and enforcement of existing and any additional radioactive waste facilities, the board
shall suspend acceptance of further applications for radioactive waste licenses. The board shall
report the suspension to the Legislative Management Committee.
(8) The requirements of Subsections (3)(c) and (d) and Subsection 
19-3-104
(10) do not
apply to:
(a) a radioactive waste license that is in effect on December 31, 2006, including all
amendments to the license that have taken effect as of December 31, 2006;
(b) a license application for a facility in existence as of December 31, 2006, unless the
license application includes an area beyond the facility boundary approved in the license
described in Subsection (8)(a); or
(c) an application to renew or amend a license described in Subsection (8)(a), unless the
renewal or amendment includes an area beyond the facility boundary approved in the license
described in Subsection (8)(a).
(9) (a) The director shall review an approval application to determine whether the
application complies with the requirements of this chapter and the rules of the board.
(b) Within 60 days after the day on which the director receives an approval application
described in Subsection (10)(a)(ii) or (iii), the director shall:
(i) determine whether the application is complete and contains all the information
necessary to process the application for approval; and
(ii) (A) issue a notice of completeness to the applicant; or
(B) issue a notice of deficiency to the applicant and list the additional information
necessary to complete the application.
(c) The director shall review information submitted in response to a notice of deficiency
within 30 days after the day on which the director receives the information.
(10) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) categorize approval applications as follows:
(i) approval applications that:
(A) are administrative in nature;
(B) require limited scrutiny by the director; and
(C) do not require public input;
(ii) approval applications that:
(A) require substantial scrutiny by the director;
(B) require public input; and
(C) are not described in Subsection (10)(a)(iii); and
(iii) approval applications for:
(A) the granting or renewal of a radioactive waste license;
(B) the granting or renewal of a groundwater permit issued by the director for a
radioactive waste facility;
(C) an amendment to a radioactive waste license, or a groundwater permit, that allows
the design and approval of a new disposal cell;
(D) an amendment to a radioactive waste license or groundwater discharge permit for a
radioactive waste facility to eliminate groundwater monitoring; and
(E) a radioactive waste facility closure plan;
(b) provide time periods for the director to review, and approve or deny, an application
described in Subsection (10)(a) as follows:
(i) for applications categorized under Subsection (10)(a)(i), within 30 days after the day
on which the director receives the application;
(ii) for applications categorized under Subsection (10)(a)(ii), within 180 days after the
day on which the director receives the application;
(iii) for applications categorized under Subsection (10)(a)(iii), as follows:
(A) for a new radioactive waste license, within 540 days after the day on which the
director receives the application;
(B) for a new groundwater permit issued by the director for a radioactive waste facility
consistent with the provisions of Title 19, Chapter 5, Water Quality Act, within 540 days after
the day on which the director receives the application;
(C) for a radioactive waste license renewal, within 365 days after the day on which the
director receives the application;
(D) for a groundwater permit renewal issued by the director for a radioactive waste
facility, within 365 days after the day on which the director receives the application;
(E) for an amendment to a radioactive waste license, or a groundwater permit, that
allows the design and approval of a new disposal cell, within 365 days after the day on which
the director receives the application;
(F) for an amendment to a radioactive waste license, or a groundwater discharge
permit, for a radioactive waste facility to eliminate groundwater monitoring, within 365 days
after the day on which the director receives the application; and
(G) for a radioactive waste facility closure plan, within 365 days after the day on which
the director receives the application;
(c) toll the time periods described in Subsection (10)(b):
(i) while an owner or operator of a facility responds to the director's request for
information;
(ii) during a public comment period; or
(iii) while the federal government reviews the application; and
(d) require the director to prepare a detailed written explanation of the basis for the
director's approval or denial of an approval application.