Utah Waste Management and Radiation Control Board Holds Meeting

On May 10 2018, the Utah Waste Management and Radiation Control Board held an electronic/telephonic meeting beginning at 1:30 p.m. in accordance with the Utah Open and Public Meetings Act.

The anchor location of the Board meeting, which was open to the public, was the Red Rocks Conference Room 3132, Department of Environmental Quality (DEQ), in the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

Agenda

The following items, among others, were on the agenda for the May 2018 Board meeting:

  1. Call to Order
  1. Approval of Meeting Minutes for the April 12, 2018 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. X-Ray Program
  1. Approval of Mammography Imaging Medical Physicists (MIMPs) in accordance with UCA-19-6-104(2)(b). (Board Action Item)
  1. Adjourn

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Waste Management and Radiation Control Board Meets

On April 12, 2018, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.  The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, in the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

Agenda  The following items, among others, were on the agenda for the April 2018 Board meeting:

  • call to order;
  • approval of meeting minutes for the February 8, 2018 Board meeting (Board Action Item);
  • underground storage tanks update;
  • administrative rules:

–     approval to proceed with formal rulemaking and public comment on a proposed rule change to R313-37, Physical Protection of Category 1 and Category 2 Radioactive Materials, to incorporate federal regulatory changes promulgated by the U.S. Nuclear Regulatory Commission.  (Board Action Item);

  • used oil section:

–     final adoption of rule changes to R315-15, Standards for the Management of Used Oil Rules.  (Board Action Item);

  • Director’s report:

–     proposed Stipulation and Consent Order between the Board and EnergySolutions, LLC.  (Information Item Only);

  • other business:
  • miscellaneous information item;
  • scheduling of next Board meeting;
  • election of Board Chair and Vice Chair (Board Action Item); and,
  • adjourn.

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Announces Final Adoption of Rule Changes to R313-25

On March 9, 2018, the Utah Division of Waste Management and Radiation Control notified interested stakeholders of the following rulemaking actions that were taken by the Waste Management and Radiation Control Board during its meeting on February 8, 2018:

  • final adoption of rule changes to R313-25, License Requirements for Land Disposal of Radioactive Waste — General Provisions, as published in the Utah State Bulletin on November 1, 2017 except for paragraph R313-25-51.5(3);
  • approve filing with the Office of Administrative Rules of a Notice of Change in Proposed Rule to delete paragraph R313-25-51.5(3) and renumber the subsequent paragraph; and,
  • set an effective date of April 16, 2018 for the above rule changes.

The notice of Change in Proposed Rule was published in the March 1, 2018 issue of the Utah State Bulletin.

Overview of Rule Change

During the 2017 General Session, the Utah legislature passed S.B. 79, Waste Management Amendments, which requires the Waste Management and Radiation Control Board to (1) modify financial assurance requirements for the closure and post-closure care of a radioactive waste disposal facility and (2) make conforming and clarifying amendments as to “facility” definitions adopted in S.B. 79.

Although financial assurance requirements have existed in Rule R313-25 for several years, the proposed changes are being made in order to meet the prescribed rulemaking direction found in S.B. 79 and to provide the tools and flexibility the Director believes are necessary to implement S.B. 79.

More specifically, S.B. 79 allows radioactive waste licensees the opportunity to rely on either (i) RS Means or (ii) a “competitive site-specific estimate” as the basis for calculating financial surety.  While RS Means represents a national average of heavy civil construction costs, S.B. 79 did not provide a definition for “competitive site-specific estimate.”

Based on the legislative history of S.B. 79, it was apparent to the Director that this undefined term referred to local market costs.  Based on the Utah Supreme Court case, Associated General Contractors v. Board of Oil, Gas and Mining (2001 UT 112, 38 P.3d 291), the Director in this rulemaking proposes to: define this term; provide the Division with access to local market expertise from heavy civil contractors or cost estimators who are familiar with local market construction costs in order to review and validate the information submitted by a licensee; and, provide that the licensee fund such review costs.

The proposed changes to Section R313- 25-31 incorporate the mandatory new rule text from S.B. 79.  In addition a new section, R313-25-31.5, is being added to include the changes summarized above.

Background

During the 2015 General Session, the Utah legislature passed S.B. 173 that required the Board to perform rulemaking to make changes to portions of UAC R313-25 regarding financial assurance requirements for the closure and post closure care of a low-level radioactive waste disposal facility.  However, rulemaking was deferred because the U.S. Nuclear Regulatory Commission (NRC) determined that certain provisions of S.B. 173 were incompatible with federal law.  These incompatibility issues were not fully resolved until the 2017 General Session of the legislature, when additional changes were made to the statute with the passage of S.B. 79, correcting the incompatible provisions.  S.B. 79 also modified certain facility definitions, triggering the need for conforming amendments in R313-25.

At a meeting of the Utah Waste Management and Radiation Control Board on October 12, 2017, the Board approved proceeding with formal rulemaking and public comment by filing with the Office of Administrative Rules and publishing in the Utah State Bulletin of proposed changes to UAC R313-25.  The proposed changes were subsequently published in the November 1, 2017 issue of the Utah State Bulletin.

The public comment period began on November 1, 2017 and concluded on December 1, 2017.  One commenter (EnergySolutions) submitted comments during the public comment period.  In a letter dated January 10, 2018, the Director responded to the comments.  Based on the comments received, an additional change to R313- 25 is being proposed in order to delete paragraph R313-25- 31.5(3) and renumber the subsequent paragraph.

Utah administrative rulemaking procedures require a Notice of Change in Proposed Rule be prepared and filed with the Office of Administrative Rules for subsequent publication in the Utah State Bulletin.  When published in the Utah State Bulletin, only the additional changes (i.e., paragraph deletion and paragraph renumbering) to R313-25 will be marked and the financial impact information will only address the additional changes.  All other rule changes previously published and not being further changed are considered to be final when published as part of the Notice of Change in Proposed Rule.

For additional information, please contact Don Verbica at (801) 536-0206 or at dverbica@utah.gov or Rusty Lundberg at (801) 536-4257 or at rlundberg@utah.gov.

Utah DWMRC Notifies Stakeholders of Rulemaking Actions

On November 3, 2017, the Utah Division of Waste Management and Radiation Control (DWMRC) notified interested stakeholders of the following rulemaking actions that were taken by the Waste Management and Radiation Control Board at its meeting on October 12, 2017:

  1. Final adoption of rule changes to incorporate the following in to Title 313 of the Utah Administrative Code and set an effective date of October 13, 2017:
  •  U.S. Nuclear Regulatory Commission (NRC) final rule published in the May 29, 2013 Federal Register (78 Federal Register 32310) under the title of Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions.
  • Selected corrections and clarifications not associated with the above final rule.

 

  1. Approval to proceed with formal rulemaking and public comment with the following proposed changes to R313-25, License Requirements for Land Disposal of Radioactive Waste – General Provisions, of the Utah Administrative Code:
  •   Proposed amendments to R313-25 to incorporate the rule changes required by S.B. 79 (2017 General Session) to the financial assurance requirements for a radioactive waste disposal facility.  Additional changes to the financial assurance requirements are being made for added detail to the Director’s review of and action on the financial assurance cost estimate submitted by a licensee of a radioactive waste disposal facility.

 

Additional information on the proposed changes to the radiation control rules can be found on the Division website or via the Office of Administrative Rules website for the November 1, 2017 issue (Vol. 2017, No. 21) of the Utah State Bulletin.

 For additional information, please contact Otis Willoughby of the Utah DWMRC at (801) 536-0200.

Modifications Issued re EnergySolutions’ Clive Facility License

On November 2, 2017, EnergySolutions provided notification of the approval of modifications to the Part B Permit issued by the State of Utah for the company’s Clive facility in Tooele County, Utah.  The modifications involved the following changes:

  • 2017-006477: Approval of a Class 1 modification to Revisions to Attachment II-7-1, Overall Facility Closure Cost Summary
  • 2017-006478: Approval of a Class 1 modification to Revisions to Attachment II-7-2, Closure Cost Estimate
  • 2017-006479: Approval of a Class 1 modification to Revisions to Module II, General Facility Conditions, Revision Date List

The above modifications are all related to the 2016 Annual Surety Review modification that was initially submitted on May 23, 2017.

On October 20, 2017, EnergySolutions provided notification of the approval of a modification to the Part B Permit issued by the State of Utah for the company’s Clive facility in Tooele County, Utah.  The modification involved the following changes:

  • 2017-007164: Approval of a Class 1 modification to Revisions to Attachment II-7-1, Overall Facility Closure Cost Summary

Questions regarding these modifications or requests for review of the modification applications and related documents may be directed to EnergySolutions or the Utah Division of Waste Management and Radiation Control (DWMRC).

For additional information, please contact Otis Willoughby of the Utah DWMRC at (801) 536-0200 or Tim Orton of EnergySolutions at (801) 649-2000.

Utah Waste Management and Radiation Control Board Holds November 2018 Meeting

On November 9, 2017, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.

The meeting, which was open to the public, was held in Conference Room 3132, Department of Environmental Quality (DEQ) Board Room, in the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

Agenda

The following items, among others, were on the agenda for the November 2017 Board meeting:

I.   Call to Order

II.   Approval of Meeting Minutes for the October 12, 2017 Board Meeting (Board Action Item)

III.   Underground Storage Tanks Update

IV.   Low-Level Radioactive Waste Section

  1. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste Management Rules. EnergySolutions seeks authorization to treat by stabilization waste containing High-Subcategory Mercury.  (Board Action Item)
  2. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste Management Rules. EnergySolutions seeks authorization to receive Cemented Uranium Extraction Process Residues for disposal.  (Board Action Item)
  3. EnergySolutions, LLC request for a site-specific treatment variance from the Hazardous Waste Management Rules. EnergySolutions seeks authorization to dispose of waste containing hazardous constituents and PCBs as Underlying Hazardous Constituent.  (Board Action Item)

V.  Other Business

  1. Miscellaneous Information Item
  2. Scheduling of Next Board Meeting

VI. Adjourn

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.  

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Issues Licensing and Rulemaking Actions for Public Comment

Byproduct License Renewal and Source Material Distribution

During the last week of August 2017, the Utah Department of Environmental Quality (DEQ), Division of Waste Management and Radiation Control (DWMRC), announced that it is currently accepting public comment on the following licensing and rulemaking actions:

  • renewal of the EnergySolutions’ 11e.(2) byproduct radioactive materials license (UT2300478) for the licensee’s site near Clive (Tooele County), Utah; and,
  •   changes to the state’s radiation control rules to incorporate the federal regulatory changes promulgated by the U.S. Nuclear Regulatory Commission (NRC) related to 10 CFR Parts 30, 40 and 70

In addition, on August 18, 2017, the DWMRC notified stakeholders that it had approved the final adoption of rule changes to incorporate the following into Title R315 of the Utah Administrative Code (UAC):

  •   the U.S. Environmental Protection Agency (EPA) final Hazardous Waste Generator Improvements Rule (HWGIR) as published on November 28, 2016 at 81 Federal Register 85,732;
  •   addition of a used oil generator as defined under Mixed Mode Transit System (NAICS code of 485111) to the list of used oil transporters considered to have a permit by rule to transport their own used oil to a permitted used oil recycler; and,
  •   selected corrections and clarifications.

Renewal of EnergySolutions’ 11e.(2) Byproduct Radioactive Materials License  On May 3, 2012, EnergySolutions submitted an application to the DWMRC Director to renew the Clive facility’s 11e.(2) byproduct radioactive materials license.  On August 16, 2017, the DWMRC commenced a forty-five day public comment period for the proposed licensing action.  The public comment period will end on October 2, 2017.

A public hearing will be scheduled if requested, by any citizen, by September 5, 2017.  If requested, the hearing will be held from 1:00 p.m. to 4:00 p.m. on September 26, 2017.  The purpose of the public hearing, if held, will be to take comments from the public and to provide an opportunity for questions and answers relating to the renewal of the 11e.(2) license.

Written comments will be accepted if received by 5:00 p.m. on October 2, 2017.  Comments can sent by electronic mail to dwmrcpublic@utah.gov.  Comments sent in electronic format should be identified by putting the following in the subject line: Public Comment on EnergySolutions’ 11e.(2) license UT2300478 Renewal.  All documents included in comments should be submitted as ASCII (text) files or in pdf format.

The draft license and Technical Review and Environmental Assessment Report are available on the Division website at https://deq.utah.gov/NewsNotices/notices/waste/index.htm#phacp or by using EZ Records Search http://eqedocs.utah.gov/. 

For further information, please contact David Esser of the Division of Waste Management and Radiation Control at (801) 536-0079.

Changes to the State’s Radiation Control Rules to Incorporate Federal Regulatory Changes re 10 CFR Parts 30, 40 and 70  On May 29, 2013, the NRC adopted changes to 10 CFR Parts 30, 40, and 70.  These rule changes require the initial distribution of source material to exempt persons or to general licensees be explicitly authorized by a specific license, including new reporting requirements.  Changes to corresponding Utah radiation control rules are required to maintain regulatory compatibility with NRC rules and Utah’s status as an Agreement State with the NRC.

The rule is intended to provide timely information on the types and quantities of source material distributed for use either under exemption or by general licensees.  In addition, the rule modifies the existing possession and use requirements of the general license for small quantities of source material to better align the requirements with current health and safety standards.

The rule also revises, clarifies, or deletes certain source material exemptions from licensing to make the exemptions more risk informed.  This rule affects manufacturers and distributors of certain products and materials containing source material and certain persons using source material under a general license and under exemptions from licensing.

Comments may be submitted by email to dwmrcpublic@utah.gov.  The public comment period will end on September 15, 2017.

For additional information and the specific proposed rule changes, please see the August 15, 2017 issue (Volume 2017, Number 16) of the Utah State Bulletin at https://rules.utah.gov/publications/utah-state-bull/.

Final Adoption of Rule Changes to Incorporate Hazard Waste Generators Improvements Rule  The effective date for the final adoption of rule changes to, amongst other things, incorporate HWGIR became effective on August 31, 2017.

For additional information and the specific proposed rule changes, please see the June 1, 2017 issue (Volume 2017, Number 11) of the Utah State Bulletin at https://rules.utah.gov/publications/utah-state-bull/ or the DWMRC Board meeting packet for August 10, 2017 at https://utah.gov/pmn/files/319799.pdf. 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Modifications Approved to EnergySolutions’ State-Issued Part B Permit

On June 29, 2017, EnergySolutions announced the approval of the modifications to the Clive, Utah site’s state-issued Part B Permit.  The modifications involved the following changes:

  •   2017-001394:  Approval of a Class 1 modification to Attachment II-7, Closure Plan; Attachment II-7-1, Overall Facility Closure Cost Summary; Attachment II-7-2, Closure Cost Estimate- Mixed Waste Details; and, Attachment II-7-3, Reserve Capacity Calculations.
  •   2017-002785:  Approval of a Class 1 modification to Attachment VI-1, Groundwater Field Sampling Plan.
  •   2017-000709:  Approval of a Class 2 modification to Attachment II-6, Contingency Plan and Attachment II-5, Preparedness and Prevention Plan.

EnergySolutions’ compliance history is available from the facility contact person at the Utah Division of Waste Management and Radiation Control (DWMRC).

Questions regarding these modifications or requests for review of the modification applications and related documents may be directed to Tim Orton of EnergySolutions at (801) 649-2000 or to Otis Willoughby of the Utah Division of Waste Management and Radiation Control at (801) 536-0200.

Utah Waste Management and Radiation Control Board Meets

On April 13, 2017, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.  The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, on the first floor of the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

The following items, among others, were on the agenda for the April 2017 Board meeting:

  1. Call to Order
  1. Approval of Meeting Minutes for the February 9, 2017 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. Administrative Rules
  1. Solid Waste Rules: Approval to proceed with formal rulemaking and public comment to remove paragraph R315-302-1(2)(a)(iii) that prohibits a new solid waste facility from being located within certain farmland classified by the U.S. Department of Agriculture (Board Action Item)
  1. Solid and Hazardous Waste Rules: Approval to proceed with formal rulemaking and public comment to incorporate the U.S. Environmental Protection Agency’s (EPA’s) hazardous waste generator improvement rule (promulgated on November 28, 2016 at 81 Federal Register 85,732) into R315-15, R315-260, R315-261, R315-262, R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, R315-273, R315-301, R315-304-3 and R315-305-3 (Board Action Item)
  1. Director’s Report/ Legislative Update
  1. Open and Public Meetings Act, Utah Public Officers and Employees Ethics Act

VII.   Other Business

  1. Miscellaneous Information Item
  1. Scheduling of Next Board Meeting

VIII.  Election of Board Chair and Vice-Chair

  1. Adjourn

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

 

Utah Waste Management and Radiation Control Board Meets

On February 9, 2017, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.  The following items, among others, were on the agenda for the February 2017 Board meeting:

  1. Call to Order
  2. Introduction of New Assistant Attorney General Bret Randall
  3. Laura Lockhart Retirement
  4. Approval of Meeting Minutes for the January 12, 2017 Board Meeting (Board Action Item)
  5. Underground Storage Tanks Update
  6. Underground Storage Tank Rules
    1. Approval to File Five-Year Review Notices for Underground Storage Tank Rules: R311-200, R311-201, R311-202, R311-203, R311-204, R311-205, R311-206, R311-207, R311-208, R311-209,  R311-210, R311-211 and R311-212 (Board Action Item)
  7. VII.   Used Oil Program
  8. Final Adoption of Changes to Used Oil Rules: R315-15-13 (Board Action Item)
  9. VIII.  Legislative Update
  10. Other Business
  11. Miscellaneous Information Item
  12. Scheduling of Next Board Meeting
  13. Adjourn

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Kristen Schwab Begins Role as Northwest Compact’s New Executive Director

On December 16, 2016, Kristen Schwab started her new role as the Executive Director of the Northwest Interstate Compact on Low-Level Radioactive Waste Management.  Schwab succeeds Mike Garner, who retired at the end of June 2016.  She will serve as the designated Director for the Northwest Compact to the Low-Level Radioactive Waste Forum, Inc. (LLW Forum).

Staff work on the Northwest Compact is being transitioned from the Washington Department of Ecology to the Washington Department of Health.  State officials will be proposing the required legislation in January 2017.

The Northwest Compact was created in 1981 and consists of the member states of Alaska, Hawaii, Idaho, Montana, Oregon, Utah, and Washington.  The U.S. Congress ratified the Northwest Compact in 1985.  The eighth state, Wyoming, joined the Compact in March of 1992.

For additional information, please contact Kristen Schwab at (360) 236-3232 or at Kristen.schwab@doh.wa.gov or go to www.ecy.wa.gov/nwic/index.asp.

Utah Waste Management and Radiation Control Board Meets

On November 10, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.

The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, on the first floor of the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

The following items, among others, were on the agenda for the November 2016 Board meeting:

  1. Call to Order
  1. Approval of Meeting Minutes for the October 13, 2016 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. Underground Storage Tank Rules
  1. Final Adoption of Changes to the Underground Storage Tank Rules R311-200, R311-201, R311-202, R311-206 and R311-212 (Board Action Item)
  1. Approval of a Change in Proposed Rule for R311-203 to incorporate comments made by the Environmental Protection Agency (Board Action Item)
  1. Low-Level Radioactive Waste Section
  1. EnergySolutions LLC request for a site-specific treatment variance from the Hazardous Waste Management Rules. EnergySolutions seeks authorization to receive Cemented Uranium Extraction Process Residues for disposal. (Information Item Only)
  1. Administrative Rules
  1. EnergySolutions’ Petition to Initiate Rulemaking to repeal and reenact R313-25 and adopt 10 CFR Part 61 by reference (Information Item Only)

VII.   X-Ray Program

  1. Exemption Request for the Sensus SRT-100 machine from the requirements of R313-30-3(3), R313-30 -3(4), R313-30-3(5) and R313-30-3(6) (Board Action Item)
  1. Letter from Sensus Requesting the Exemption
  1. Comments from Patients or Relatives of Patients in Support of the Exemption
  1. Comments from the Medical Community in Support of the Exemption
  1. Comments from the Medical Community in Opposition to the Exemption

VIII.  Other Business

  1. Miscellaneous Information Item
  1. Scheduling of Next Board Meeting
  1. Adjourn

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Waste Management and Radiation Control Board Holds October Meeting

On October 13, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.

The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, on the first floor of the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

The following items, among others, were on the agenda for the October 2016 Board meeting:

  1. Call to Order
  1. Introduction of Nathan Rich—New Board Member

III.    Approval of Meeting Minutes for the September 8, 2016 Board Meeting (Board Action Item)

  1. Underground Storage Tanks Update
  1. Administrative Rules
  1. Final Adoption of Repeal of Rule R313-27, Medical Use Advisory Committee (Board Action Item)
  1. Used Oil Program
  1. Approval to Proceed with Formal Rulemaking and 30-Day Public Comment Period for Used Oil Rules, R315-15-13 (Board Action Item)

VII.   X-Ray Program

  1. Request for Exclusion from Certain Requirements of R313-28-31(5) (Board Action Item)

VIII.  Other Business

  1. Miscellaneous Information Item
  1. Scheduling of Next Board Meeting
  1. Adjourn

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Waste Management and Radiation Control Board Holds September Meeting

On September 8, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.  The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, on the first floor of the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.  The following items, among others, were on the agenda for the September 2016 Board meeting:

  1. Call to Order
  2. Approval of Meeting Minutes for the August 15, 2016 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. Underground Storage Tank Rules
  2. Approval to Proceed with Formal Rulemaking and 30-Day Public Comment Period for Changes to the Underground Storage Tank Rules R311-200, R311-201, R311-202, R311-203, R311-206 and R311-212 (Board Action Item)
  1. X-Ray Program
  1. Exemption Request for the Sensus SRT-100 Machine from the Requirements of R313-30-3(3), R313-30-3(4), R313-30-3(5) and R313-30-3(6) (Board Action Item)
  2. Report to Legislature
  3. Review of Comments and Final Approval of the Evaluation of Closure, Post-Closure and Perpetual Care for Hazardous and Radioactive Waste Treatment and Disposal Facilities, Report to Legislature (Board Action Item)

 

VII.   Other Business

  1. Miscellaneous Information Item
  2. Scheduling of Next Board Meeting

 

VIII.  Adjourn

 

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Waste Management & Radiation Control Board Holds August Meeting

On August 15, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.

The following items, among others, were on the agenda for the August 2016 Board meeting:

  1. Call to Order
  1. Approval of Meeting Minutes for the July 14, 2016 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. Proposed Non-Substantive Change to Underground Storage Tank Rule R311-210 (Information Item Only)
  1. X-Ray Program
  1. Approval of Mammography Imaging Medical Physicist (MIMP) in Accordance with UCA 19-6-104(2)(b) (Board Action Item)
  1. Administrative Rules
  1. Approval to Proceed with Formal Rulemaking and 30-Day Public Comment Period for Repeal of Rule R313-27, “Medical Use Advisory Committee” (Board Action Item)

VII.   Report to Legislature

  1. Review of Comments on the Evaluation of Closure, Post-Closure and Perpetual Care for Hazardous and Radioactive Waste Treatment and Disposal Facilities, Report to Legislature (Board Action Item)

VIII.  Other Business

  1. Miscellaneous Information Item
  1. Scheduling of Next Board Meeting
  1. Adjourn

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

 

Utah Waste Management and Radiation Control Board Holds July Meeting

On July 14, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.

The following items, among others, were on the agenda for the July 2016 Board meeting:

  1. Call to Order
  2. Approval of Meeting Minutes for the June 9, 2016 Board Meeting (Board Action Item)
  3. Underground Storage Tanks Update
  4. Administrative Rules
    1. Approve Change in Proposed Rule (CPR) for R315-319, Management of Coal Combustion Residuals Requirements in Landfills and Surface Impoundments and to Set an Effective Date of September 1, 2016 (Board Action Item)
    2. Final Adoption of Proposed Changes to Solid Waste Rule R315-310, Permit Requirements for Solid Waste Facilities and to Set an Effective Date of July 15, 2016 (Board Action Item)
    3. Approval to Proceed with Formal Rulemaking and 30-Day Public Comment Period for Repeal of Rule R313-27, “Medical Use of Advisory Committee” (Board Action Item)
  5.  Hazardous Waste Section
    1. Proposed Stipulation and Consent Order Between the Board and Heckmann Woods Cross (Board Action Item)
  6. Other Business
    1. Evaluation of Closure, Post-Closure and Perpetual Care for Hazardous and Radioactive Waste Treatment and Disposal Facilities; Report to Legislature (Information Item Only)
    2. Miscellaneous Information Item
    3. Scheduling of Next Board Meeting
  7. Adjourn

 

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

 

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

 

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Proposes Hazardous Waste Rule Changes

On July 10, 2016, the Utah Waste Management and Radiation Control Board approved amendments to R315-261 to be published in the Utah Bulletin and commence a 30-day public comment period.

The proposed amendments, among other things, change the word “variance” to “excluded” in several sections of the rule.

The public comment period started on July 2, 2016 and ended on July 31, 2016.

The proposed modifications to the rule can be viewed at http://www.deq.utah.gov/Laws_Rules/dshw/ProposedHWRules.htm.

For additional information about the Hazardous Waste Rules, please contact Ralph Bohn of the State of Utah at rbohn@utah.gov or at (801) 536-0212 or at (801) 536-0259.

Utah Waste Management and Radiation Control Board Holds June Meeting

On June 9, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.

The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, on the first floor of the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

Agenda

The following items, among others, were on the agenda for the June 2016 Board meeting:

  1. Call to Order
  1. Approval of Meeting Minutes for the May 12, 2016 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. UST Program Overview and Summary of Proposed Changes to R-311, Underground Storage Tank Rules (Information Item Only)
  1. Administrative Rules
  1. Approve for filing with the Division of Administrative Rules a Five-Year Review Notice and Statement of Continuation for the Following Radiation Control Rules: R313-12 General Provisions; R313-14 Violations and Escalated Enforcement; R313-16 General Requirements Applicable to the Installation, Registration, Inspection and Use of Radiation Machines; R313-17 Administrative Procedures; R313-18 Notices, Instructions, Reports to Workers by Licensees of Registrants; R313-19 Requirements to General Applicability to Licensing of Radioactive Materials; R313-22 Specific Licenses; R313-25 License Requirements for Land Disposal of Radioactive Waste; R313-28 Use of X-Rays in the Healing Arts; R313-32 Medical Uses of Radioactive Material; R313-36 Special Requirements for Industrial Radiographic Operations; and, R313-70 Payments, Categories and Types of Fees (Board Action Item)
  1. Final Adoption of Amendments to Hazardous Waste Rules R315-124, R315-260, R315-261, R315-262, R315-264 and R315-273 (Board Action Item)
  1. Approval to Proceed with Formal Rulemaking and a 30-day Public Comment Period for Amendments to the Hazardous Waste Rules R315-261 and to Set and Effective Date of August 15, 2016 (Board Action Item)
  1. Final Adoption of Proposed Changes to Radiation Control Rules R313-19 and R313-22 to Incorporate Changes Made by the U.S. Nuclear Regulatory Commission (NRC) (Board Action Item)
  1. Low-Level Radioactive Waste Section
  1. EnergySolutions’ Request for a Site-Specific Treatment Variance from the Hazardous Waste Management Rules—i.e., EnergySolutions Seeks Authorization to Dispose of Waste Containing High Subcategory Mercury by Stabilization Rather than Retort and Recovery (Board Action Item)
  1. EnergySolutions’ Request for a Site-Specific Treatment Variance from the Hazardous Waste Management Rules—i.e., EnergySolutions Seeks Authorization to Not Be Required to Meet Land Disposal Restriction Treatment Standard for PCBs (Board Action Item)

VII.   Other Business

  1. Miscellaneous Information Item
  1. Scheduling of Next Board Meeting and Discussion of Possible Board Tours/Dates

VIII.  Adjourn

Background

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.

The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Utah Waste Management and Radiation Control Board Holds April Meeting

On April 14, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah.  The meeting, which was open to the public, was held in Conference Room 1015, Department of Environmental Quality (DEQ) Board Room, on the first floor of the Multi Agency State Office Building that is located at 195 North 1950 West in Salt Lake City, Utah.

The following items, among others, were on the agenda for the April 2016 Board meeting:

  1. Call to Order
  2. Approval of Meeting Minutes for the March 10, 2016 Board Meeting (Board Action Item)

III.    Underground Storage Tanks Update

  1. Administrative Rules
  2. Final Adoption of Proposed Changes to Hazardous Waste Rules R315-103, R315-124, R315-260, R315-261, R315-262, R315-263 R315-264, R315-265, R315-266, R315-268, R315-270, and R315-273 and setting of an effective date (Board Action Item)
  3. Final Adoption of the Repeal of Hazardous Waste Rules R315-1, R315-2, R315-3, R315-4, R315-5, R315-6, R315-7, R315-8, R315-9, R315-12, R315-13, R315-14, R315-16, and R315-50 and setting of an effective date (Board Action Item)
  4. Approval to Proceed with Formal Rulemaking and a 30-day Public Comment Period for Amendments to the Hazardous Waste Rules R315-124, R315-260, R315-261, R315-262, R315-264 and R315-273 (Board Action Item)
  5. Approval to Proceed with Formal Rulemaking and a 30-day Public Comment Period for Proposed Changes to Radiation Control Rules R313-19 and R313-22 to Incorporate Changes Requested by the Nuclear Regulatory Commission (NRC) (Board Action Item)
  6. Low-Level Radioactive Waste Section
  7. EnergySolutions’ Request for a Site-Specific Treatment Variance from the Hazardous Waste Management Rules—i.e., EnergySolutions Seeks Authorization to Dispose of One, 5-Gallon Bucket of Spent Lithium-Thionyl Chloride Batteries Following Macroencapsulation (Board Action Item)
  8. EnergySolutions’ Request for a Site-Specific Treatment Variance from the Hazardous Waste Management Rules—i.e., EnergySolutions Seeks Authorization to Dispose of High Concentration Arsenic Waste Following Macroencapsulation (Board Action Item)
  9. Director’s Report

VII.   Other Business

  1. Miscellaneous Information Item
  2. Scheduling of Next Board Meeting

VIII.  Adjourn

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state.  The Board holds open meetings ten times per year at locations throughout the state.  A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.

Registration is Now Open for the Spring 2016 LLW Forum Meeting

Marriott Hotel in Park City, Utah from April 13-14, 2016

Optional Site Tour of Clive Facility on April 12, 2016

The Low-Level Radioactive Waste Forum (LLW Forum) is pleased to announce that registration is now open for our spring 2016 meeting, which will be held at the Park City Marriott Hotel on April 13-14, 2016.  Please mark your calendars accordingly and save the date!

The meeting will include an optional site tour of the EnergySolutions’ Clive low-level radioactive waste disposal facility for interested stakeholders on the afternoon of April 12, 2016.

There will also be a meeting of the Disused Sources Working Group (DSWG) for members & invited guests from 2:00 p.m. – 6:00 p.m. on Thursday, April 14, 2016, and from 9:00 a.m. – 1:00 p.m. on Friday, April 15, 2016.

Interested stakeholders are encouraged to register and make hotel reservations for the meeting at your earliest convenience, as there is limited space available in our discount room block.

The meeting is being co-sponsored by the State of Utah’s Division of Waste Management and Radiation Control (DWMRC) and EnergySolutions.

The meeting documents—including bulletin and registration form—have been posted to the LLW Forum’s web site at www.llwforum.org. The meeting agenda will be posted in the coming weeks.

Attendance

Officials from states, compacts, federal agencies, nuclear utilities, disposal operators, brokers/processors, industry, and other interested parties are invited and encouraged to attend.

The meeting is an excellent opportunity to stay up-to-date on the most recent and significant developments in the area of low-level radioactive waste management and disposal. It also offers an important opportunity to network with other government and industry officials and to participate in decision-making on future actions and endeavors affecting low-level radioactive waste management and disposal.

Location and Dates

The spring 2016 LLW Forum meeting will be held on Wednesday, April 13 (approx. 9:00 am – 5:00 pm) and Thursday, April 14 (approx. 9:00 am – 1:00 pm) at:

Park City Marriott Hotel
1895 Sidewinder Drive
Park City, Utah 84060

The Park City Marriott Hotel is located in the Prospector Square area of Park City amid the scenic backdrop of a mountain community. A complimentary local shuttle to the Utah Olympic Park, Factory Stores at Park City or Old Town Main Street services the hotel.

Optional Site Tour

Meeting attendees are invited to participate in an optional tour of the EnergySolutions Clive facility on the afternoon of Tuesday, April 12. The Clive facility is located approximately 80 miles west of Salt Lake City, just south of I-80.

A bus will be provided by EnergySolutions and will leave from the Park City Marriott at noon.

Registration

All persons must pre-register for the meeting and pay any associated registration fees in order to be allowed entry. Registration forms are needed in order to ensure that you receive a meeting packet and name badge. Accordingly, interested attendees are asked to please take a moment to complete the registration form at your earliest convenience and return it to Cecilia Snyder of the LLW Forum at the address, e-mail or fax number listed at the bottom of the form.

The meeting is free for up to two individuals representing members of the LLW Forum. Additional and non-member registration is $500, payable by check only to the “LLW Forum, Inc.” (Credit card payments are not accepted.)

Reservations

Persons who plan to attend the meeting are strongly encouraged to make their hotel reservations and send in their registration forms as soon as possible, as we have exceeded our block at the last few meetings.

A limited block of hotel rooms has been reserved at a discount rate of $118 per night plus tax, for Monday, April 11, for meeting attendees participating on the optional tour of Clive. A larger block of rooms at the same rate has been reserved for Tuesday, April 12, and Wednesday, April 13, for regular meeting attendees. A limited number of rooms are available at the discounted rate for 3 days prior to and after the meeting, subject to availability.

To make a reservation, please go to www.parkcitymarriott.com and enter special group code “LLWLLWA” or call 1-800-228-9290 and ask for a room in the Low-Level Waste block.

In order to receive the discounted rate, please make your reservation by March 20, 2016. Please note that there is a seven (7) day advanced notice requirement for cancellation of reservations to avoid a penalty.

Transportation and Directions

The Park City Marriott is located approximately 35 miles from the Salt Lake International Airport. The hotel does not provide shuttle service from and to the airport.

Shuttle service is available by reservation from Park City Shuttle (435-649-2227 or www.parkcityshuttle.com), Park City Transportation (800-637-3803 or www.parkcitytransportation.com), or All Resort Express (1-800-457-9457 or www.allresort.com).

For additional information, please contact Todd D. Lovinger, the LLW Forum’s Executive Director, at (754) 779-7551 or go to www.llwforum.org.

Comments Sought re Utah’s Proposed New Hazardous Waste Rules

At its January 2016 meeting, the Utah Waste Management and Radiation Control Board (Board) authorized the following Hazardous Waste rules: R315-103, R315-124, R315-260, R315-261, R315-262, R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, and R315-273 to be published in the Utah Bulletin and to commence a 30 day comment period.

The Board also approved the publication and commencement of public comment on the repeal of following rules: R315-1, R315-2, R315-3, R315-4, R315-5, R315-6, R315-7, R315-8, R315-9, R315-12, R315-13, R315-14, R315-16, and R315-50.

The comment period will begin on February 1, 2016.  Written comments on both of these proposals will be accepted if received by 5:00 p.m. MT on March 3, 2016. Written comments should be submitted to the following mailing address:

Scott T. Anderson, Director
Division of Waste Management and Radiation Control
Department of Environmental Quality
P.O. Box 144880
Salt Lake City, Utah 84114-4880

Comments can also be hand delivered and must be received by 5:00 p.m. MT on March 3, 2016. Hand-delivered comments should be submitted to the following address:

Division of Waste Management and Radiation Control
Multi Agency State Office Building
195 North 1950 West, 2nd Floor
Salt Lake City, Utah 84116

Comments can also be sent via electronic mail to swpublic@utah.gov.  Comments submitted via electronic format should be identified by putting, “Public Comment on Hazardous Waste Rules,” in the subject line. All documents included in comments should be submitted as ASCII (text) files or in pdf format.

An unofficial copy of the proposed hazardous waste rules will be made available on the Internet at http://www.deq.utah.gov/Laws_Rules/dshw/ProposedHWRules.htm.

For additional information, please contact Ralph Bohn of the Division of Waste Management and Radiation Control at (801) 536-0212.

Utah Waste Management & Radiation Control Board Holds January 2016 Meeting

On January 14, 2016, the Utah Waste Management and Radiation Control Board held a regularly scheduled meeting beginning at 1:30 p.m. MT in Salt Lake City, Utah. The meeting, which was open to the public, was held in the Multi Agency State Office Building in Salt Lake City, Utah.

The following items, among others, were on the agenda for the Board meeting: call to order; approval of the meeting minutes for the December 10, 2015 Board meeting (Board Action Item); underground storage tanks update; hazardous waste rules including approval to proceed with formal rulemaking and 30-day public comment period for proposed Hazardous Waste Rules R315-103, R315-124, R315-260, R315-261, R315-262, R315-263, R315-264, R315-265, R315-266, R315-268, R315-270, and R315-273 (Board Action Item) and approval to proceed with formal rulemaking and 30-day public comment period for repeal of Hazardous Waste Rules R315-1, R315-2, R315-3, R315-4, R315-5, R315-6, R315-7, R315-8, R315-9, R315-12, R315-13, R315-14, R315-16, and R315-50 (Board Action Item); presentation on the X-Ray Program; other business including a miscellaneous information item and the next Board meeting; and, adjournment.

The Board—which is appointed by the Utah Governor with the consent of the Utah Senate—guides development of Radiation Control policy and rules in the state. The Board holds open meetings ten times per year at locations throughout the state. A public comment session is held at the end of each meeting.

Copies of the Utah Waste Management and Radiation Control Board meeting agendas and packet information can be found at http://www.deq.utah.gov/boards/waste/meetings.htm.

For additional information, please contact Rusty Lundberg, Deputy Director of the Division of Waste Management and Radiation Control at the Utah Department of Environmental Quality, at (801) 536-4257 or at rlundberg@utah.gov.