Tag: EnergySolutions

Utah Considers Request for Mass and Concentration Limitations Exemption

Posted on by MidwestCompact

On October 25, 2018, the Utah Waste Management and Radiation Control Board held a meeting beginning at 11:00 a.m. MT in Salt Lake City, Utah.  The purpose of the meeting was to address a request from EnergySolutions for an exemption from R313-25-9(5) of the Utah Administrative Code regarding mass and concentration limits.

The materials for a special Board meeting on this topic that was held on August 30, 2018, including the EnergySolutions’ letter with detailed background information and an explanation of the basis for the requested exemption, can be viewed online at https://www.utah.gov/pmn/files/423003.pdf#page=2.

Overview

By letter dated August 24, 2018, EnergySolutions petitioned the Board for an exemption from the mass and concentration limitations of UAC R313-25-9(5)(a) and (c) in connection with the disposal of Class A depleted uranium solid metal penetrators (DU Penetrators).

UAC R313-12-55(1) allows the Board to “grant exemptions or exceptions from the requirements of the rules as it determines are authorized by law and will not result in undue hazard to public health and safety or the environment,” according to the EnergySolutions’ letter.  “Solid metal depleted uranium penetrators are less hazardous and less plentiful than the depleted uranium oxides which are the basis of the UAC R313-25-9(5) restriction and an exemption is warranted in accordance with the justification herein provided,” states EnergySolutions in its letter.

As further explanation, the EnergySolutions’ letter states as follows:

The U.S. Army Joint Munitions Command (JMC), working under the direction of the Product Director for Demilitarization, is responsible for the safe and compliant disposition of munitions waste.  The JMC seeks to transport and dispose of 30 mm munitions containing solid depleted uranium metal.  The DU Penetrators will be disassembled to remove the depleted uranium metal prior to packaging for transport and disposal.  The JMC plans to disassemble between 3.5 to 7 million penetrators each year, currently in storage at the Tooele Army Depot (Tooele, Utah) and Crane Army Ammunition Activity (Crane, Indiana).  The JMC expects to transport and dispose of approximately 667 yd3 of DU Penetrator Class A waste per year for up to 4 years (a projected DU Penetrator disposal volume of 2,668 yd3).  Disposal of this volume of class A depleted uranium metal will exceed the limitations promulgated in UAC R313-25-9(a).

On August 30, 2018, the Board held an emergency meeting to review EnergySolutions’ request for an exemption from R313-25-9(5) of the Utah Administrative Code regarding mass and concentration limits.  (See LLW Notes, July/August 2018, pp. 8-9.)

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/utah-waste-management-radiation-control-board-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.

EnergySolutions Requests Exemption from Mass and Concentration Limitations

Posted on by MidwestCompact

On August 30, 2018, the Utah Waste Management and Radiation Control Board held an emergency meeting beginning at 10:00 a.m. MT in Salt Lake City, Utah.  The purpose of the meeting was to review a request from EnergySolutions for an exemption from R313-25-9(5) of the Utah Administrative Code regarding mass and concentration limits.

The materials for the emergency Board meeting, including the EnergySolutions’ letter, which contains detailed background information and an explanation of the basis for the requested exemption, can be viewed online at https://www.utah.gov/pmn/files/423003.pdf#page=2.

Overview

By letter dated August 24, 2018, EnergySolutions petitioned the Board for an exemption from the mass and concentration limitations of UAC R313-25-9(5)(a) and (c) in connection with the disposal of Class A depleted uranium solid metal penetrators (DU Penetrators).

UAC R313-12-55(1) allows the Board to “grant exemptions or exceptions from the requirements of the rules as it determines are authorized by law and will not result in undue hazard to public health and safety or the environment,” according to the EnergySolutions’ letter.  “Solid metal depleted uranium penetrators are less hazardous and less plentiful than the depleted uranium oxides which are the basis of the UAC R313-25-9(5) restriction and an exemption is warranted in accordance with the justification herein provided,” states EnergySolutions in its letter.

“The U.S. Army Joint Munitions Command (JMC), working under the direction of the Product Director for Demilitarization, is responsible for the safe and compliant disposition of munitions waste,” states EnergySolutions’ letter.  “The JMC seeks to transport and dispose of 30 mm munitions containing solid depleted uranium metal.  The DU Penetrators will be disassembled to remove the depleted uranium metal prior to packaging for transport and disposal.  The JMC plans to disassemble between 3.5 to 7 million penetrators each year, currently in storage at the Tooele Army Depot (Tooele, Utah) and Crane Army Ammunition Activity (Crane, Indiana).  The JMC expects to transport and dispose of approximately 667 yd3 of DU Penetrator Class A waste per year for up to 4 years (a projected DU Penetrator disposal volume of 2,668 yd3).  Disposal of this volume of class A depleted uranium metal will exceed the limitations promulgated in UAC R313-25-9(a).”

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

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On September 13, 2018, the Utah Waste Management and Radiation Control Board (Board) held a regularly scheduled meeting in Salt Lake City, Utah.  The meeting was open to the public.

The following items, among others, was on the agenda for the Board meeting:

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

III.    Approval of Meeting Minutes for the August 30, 2018 special Board Meeting (Board Action Item)

  1. Presentation by Attorney General’s Office on Conflict of Interest
  1. Underground Storage Tanks Update
  1. Administrative Rules
  1. Approval of final adoption of proposed changes to the Used Oil Rules R315-15-16, Grants, to provide additional clarity and more detailed direction regarding the grant application, grant issuance, implementation and reimbursement processes (Board Action Item)
  1. Approval of final adoption of proposed changes to the Hazardous Waste Rules R315-260, Hazardous Waste Management System, and R315-261, General Requirements – Identification and Listing of Hazardous Waste, to incorporate federal regulatory changes promulgated by the Environmental Protection Agency (EPA) and published in the Federal Register on May 30, 2018 at 83 Federal Register 24,664 (Board Action Item)
  1. Approval to proceed with formal rulemaking and public comment on proposed changes to Solid Waste Rules R315-301 to add a new sub-section (R315-301-7) to establish self-inspection requirements in accordance with Section 19-6-109 of the Solid and Hazardous Waste Act (Board Action Item)

VII.   Hazardous Waste Section

  1. Approval of proposed Stipulation and Consent Order between the Board and Jordan Valley Water Conservancy District (Board Action Item)

VIII.  Low-Level Radioactive Waste Section

  1. EnergySolutions request for a site-specific treatment variance from the Hazardous Waste Management Rules – EnergySolutions seeks authorization to treat waste contaminated with dioxins and furans by macroencapsulation rather than by chemical means (Board Action Item)
  1. EnergySolutions request for an exemption from R313-25-9(5) of the Utah Administrative Code (Information Item Only)
  1. EnergySolutions presentation
  1. Heal Utah presentation in response to EnergySolutions’ request for an exemption from R313-25-9(5) of the Utah Administrative Code
  1. Other Business
  1. Miscellaneous Information Items
  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.

Texas Compact Commission Holds May 2018 Meeting

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On May 17, 2018, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.  The meeting began at 9:30 a.m. CDT.  It was held in Room E1.028 at the Texas Capitol, which is located at 1100 Congress Avenue in Austin, Texas.

Agenda

The following is an abbreviated overview of the agenda for the Texas Compact Commission meeting.  Persons interested in additional detail are directed to the formal agenda themselves.

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • consideration of and possible action on applications for importation of low-level radioactive waste from NextEra Point Beach, Entergy Grand Gulf, Talen Energy, Talen Energy (irradiated hardware), RAM Services and Thomas Gray;
  • consideration of and possible action on amendments to existing agreements with Exelon and EnergySolutions;
  • consideration and possible action on May 15, 2018 letter to U.S. Nuclear Regulatory Commission (NRC) regarding the February 14, 2018 notice in the Federal Register relating to the Very Low-Level Waste (VLLW) scoping study;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations;
  • receive report from Chair on Texas Compact Commission activities including an update on the to-be-formed committee as a result of recent legislation;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities relating to workshops and Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2018; and,
  • adjourn.

Background

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org. 

Texas Compact Commission Publishes Final Waste Management Rule

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On March 23, 2018, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) published a final rule regarding the management of low-level radioactive waste within the Texas Compact in the Texas Register.  (See 43 Texas Register 1,871 dated March 23, 2018.)

In particular, the Texas Compact Commission adopted a new §675.24 titled, “Requirement to Report on the Importation of Certain Low-Level Radioactive Waste for Management or Disposal that is not Required to be Disposed of in the Compact Facility.”  The final rule incorporates changes to the text as originally published in the Texas Register on November 3, 2017.  (See 42 Texas Register 6,123 dated November 3, 217).

Copies of the proposed rule can be obtained from the Texas Compact Commission’s website at http://www.tllrwdcc.org/rules/. 

Summary of the Factual Basis for the Adoption of the New Rule

In order to fulfill its responsibilities with respect to 42 United States Code §§2021(b) – 2021(j) and the Texas Low-Level Radioactive Waste Disposal Compact §3.04(9) and §3.05(6), as set out in Texas Health and Safety Code (THSC), Chapter 403, the Texas Compact Commission has determined that it is in the public interest to gather information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Compact Facility.

Pursuant to the Commission’s authority set out in THSC §403.006, the Commission adopts a new §675.24 to facilitate the gathering of that information by way of reporting requirements after the entry of the low-level radioactive waste into the state rather than requiring approval for the importation of certain categories of low-level radioactive waste into the host state.

Summary of Changes made in the Proposed Rules after Comments

After reviewing comments received during the public comment period, the Texas Compact Commission:

  •   revised the rule to require semi-annual rather than quarterly reporting;
  •   added language to sub-section (b)(4) to exclude waste that is regulated under §675.23 titled, “Importation of Waste from a Non-Party Generator for Disposal;
  •   revised subsection (b)(4) to clarify that the Texas Compact Commission seeks gross volume or weight of reported waste;
  •   added language to subsection (b)(4) to reflect that waste disposed of in the same reporting period which it was received should not be reported;
  •   revised subsection (c)(2) to clarify the source attributes of waste;
  •   removed subsection (c)(6) and combined information sought regarding location of management or the date and location of disposal of waste into subsection (c)(5);
  •   added language to subsection (d) to set forth the term of the Texas Compact Commission’s fiscal year;
  •   added language to subsection (d) to note that entities with a reporting obligation may do so on their own forms so long as the Texas Compact Commission provides prior authorization of the forms; and,
  •   added language to note that new entrants that import waste into the host state must enter into an agreement with a reporting requirement within 30 days of commencement of operations.

Public Comment and Commission Responses

The public comment period on the proposed new rule opened on November 3, 2017 and closed at midnight on December 8, 2017.  On January 29, 2015, the Rules Committee of the Texas Compact Commission conducted a meeting to consider comments on the proposed rule in the Office of the Attorney General of Texas.

During the public comment period, the Commission received written comments from EnergySolutions, Nuclear Sources & Services (NSSI), and Waste Control Specialists LLC (WCS).  EnergySolutions supports adoption of the rule.  WCS does not oppose adoption of the rule.  NSSI believes the rule is inapplicable to its operations based on other law.

Concise Restatement of Statutory Authority

A new §675.24 is adopted pursuant to Public Law 105-236 and the Texas Low-Level Radioactive Waste Disposal Compact as set out in THSC Chapter 403.

  •   Texas Compact §3.05(4) grants the Texas Compact Commission the rulemaking authority to carry out the terms of the Texas Compact.
  •   Texas Compact §3.04(9) authorizes the Texas Compact Commission to assemble and make public information concerning low-level radioactive waste management needs, technologies and problems.
  •   Texas Compact §3.05(6) authorizes the Texas Compact Commission to enter into agreements regarding the management and disposal of low-level radioactive waste.

The Texas Compact Commission interprets the foregoing provisions as authority to require reporting of information on NCFW.  A new §675.24 will further the public interest by gathering and monitoring information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Compact Facility.

Background

On November 3, 2017, the Texas Compact Commission published a proposed rule regarding the management of low-level radioactive waste within the Texas Compact in the Texas Register.  (See LLW Notes, November/December 2017, pp. 11-13.)  Comments on the proposed rule were due no later than the close of business on December 8, 2017.

The proposed new §675.24 related to a requirement to report on the importation of certain low-level radioactive waste for management or disposal that is not required to be disposed in the Texas Compact Facility.  In order to fulfill its responsibilities, the Texas Compact Commission determined that it is in the public interest that it gathers information regarding low-level radioactive waste that enters the host state irrespective of whether it requires an agreement for importation for disposal at the Texas Compact facility.

The proposed new §675.24 sought to facilitate the gathering of that information by the way of reporting requirements after the entry of the low-level radioactive waste into the state rather than requiring approval for the importation of certain categories of low-level radioactive waste into the host state.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 217-8045 or at leigh.ing@tllrwdcc.org. 

Utah Announces Final Adoption of Rule Changes to R313-25

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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.

Modifications Issued re EnergySolutions’ Clive Facility License

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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

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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.

NRC Seeks Public re Draft Regulatory Analysis for Final Part 61 Rule

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Specific Cost and Benefit Information Requested

On October 17, 2017, the U.S. Nuclear Regulatory Commission (NRC) published a Federal Register notice requesting comment on the draft regulatory analysis, “Draft Regulatory Analysis for Final Rule: Low-Level Radioactive Waste Disposal,” and seeking specific cost and benefit information to better inform the updated draft regulatory analysis.  (See 82 Federal Register 48,283 dated October 17, 2017.)

The Federal Register notice regarding the draft regulatory analysis for the final Part 61 rule is available at https://www.federalregister.gov/documents/2017/10/17/2017-22459/low-level-radioactive-waste-disposal.

Discussion  In addition to specified rule language changes, the Commission, in SRM-SECY-16-0106, also directed the NRC staff to “be informed by broader and more fully integrated, but reasonably foreseeable costs and benefits to the U.S. waste disposal system resulting from the proposed rule changes, including pass -through costs to waste generators and processors.”  To support development of the new supplemental proposed rule as directed by the Commission in SRM-SECY-16-0106, the NRC staff is seeking comment on how to improve the approach/methodology and actual cost data currently used in the draft final rule regulatory analysis to provide more accurate cost and benefit data in the final regulatory analysis.  In particular, the NRC is seeking information on any cost changes that should be incorporated into the regulatory analysis in light of the Commission’s changes to the draft final rule.

Requested Information and Comments  NRC is providing the below specific questions associated with the draft regulatory analysis (ADAMS Accession No. ML16189A050).  The questions will also be discussed at the public meeting.  The NRC staff will consider the responses to the questions as it revises the regulatory analysis.

  •   Is the NRC considering appropriate alternatives for the regulatory action described in the draft regulatory analysis?
  •   Are there additional factors that the NRC should consider in the regulatory action?  What are these factors?
  •   Is there additional information concerning regulatory impacts that the NRC should include in its regulatory analysis for this rulemaking?
  •   Are all costs and benefits properly addressed to determine the economic impact of the rulemaking alternatives?  What cost differences would be expected from moving from the discussed 1,000 year and 10,000 year compliance periods to a single 1,000 year compliance period? Are there any unintended consequences of making this revision?
  •   Are there any costs that should be assigned to those sites not planning to accept large quantities of depleted uranium for disposal in the future?
  •   Is NRC’s assumption that only two existing low-level radioactive waste sites (i.e., EnergySolutions’ Clive Utah disposal facility and Waste Control Specialists’ Texas disposal facility) plan to accept large quantities of depleted uranium for disposal in the future reasonable?
  •   What additional costs or cost savings, not already considered in the draft regulatory analysis, will the supplemental proposed rulemaking or alternatives cause to society, industry, and government?  What are the potential transfer (“pass- through”) costs to the waste generators and processors?

Submitting Comments  Comments are due by November 16, 2017.  Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.  Interested stakeholders may submit comments by any of the following methods:

  •   Go to http://www.regulations.gov and search for Docket ID NRC-2011-0012.
  •   E-mail comments to Rulemaking.Comments@nrc.gov. If you do not receive an automatic e-mail reply confirming receipt, then contact us at 301-415-1677.
  •   Fax comments to Secretary, U.S. Nuclear Regulatory Commission at 301- 415-1101.
  •   Mail comments to Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

Docket ID NRC-2011-0012 should be referenced when submitting comments.

For additional information, please contact Gregory Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415-6445 or at Gregory.Trussell@nrc.gov.

Southwestern Compact Commission Hosts 76th Meeting

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On October 6, 2017, the Southwestern Low-Level Radioactive Waste Commission hosted its 76th meeting beginning at 9:00 a.m. PDT at the Hyatt Regency in Sacramento, California.

The following topics, among others, were on the meeting agenda:

  • call to order;
  • roll call;
  • welcome and introductions—announce retirement of Commissioner Godwin, introduce Brian Goretzki of Arizona;
  • statement regarding due notice of meeting;
  • reports, status and/or activity;
    • Commission Chair;
    • Executive Director;
    • licensing agency;
    • license designee; and,
    • party states.
  • discuss and potential action on Low-Level Radioactive Waste Forum (LLW Forum) activities (i.e., sponsorship, membership, workshop, future agendas and participation);
  • update and status of EnergySolutions, Waste Control Specialists (WCS) and SONGS;
  • discuss activities and potential action on Reutilization and Reuse Program;
  • exportation actions;
  • ratification of approved petitions;
    • amend “Policy of the Southwestern Low-Level Radioactive Waste Commission Regarding Exportation of Various Low-Level Radioactive Waste Streams” to extend effective date;
    • amend “Requirements for Exportation Petitions for Low-Level Radioactive Waste Disposal” to extend effective date; and,
    • review and amend petitions forms.
  • financial audit report by Miers & Miers;
  • Executive Session pursuant to CA Gov. Code §11126(a)(1) to discuss staff performance evaluations;
  • review and approve Executive Director’s and Counsel’s contracts;
  • review and approve Annual Governor’s Report;
  • amend fiscal year 2017-18 budget;
  • approve fiscal year 2018-19 budget;
  • review and approve Office Procedures Manual;
  • review and approve Southwestern By-Laws;
  • adopt fee schedule;
  • public comment;
  • election of officers;
  • future agenda items;
  • next meetings; and,
  • adjournment.

Members of the public were invited to attend the meeting and comment on specific agenda items as the Commission considered them.  The total public comment time on each agenda item was limited to 15 minutes.  Written material was also accepted.  A 15-minute public comment period was provided near the end of the meeting at which time members of the public were invited to bring before the Commission issues relating to low-level radioactive waste but which were not on the agenda.

For additional information, please contact Kathy Davis, Executive Director of the Southwestern Compact Commission, at (916) 448-2390 or at swllrwcc@swllrwcc.org.

Texas Compact Commission Holds October 2017 Meeting

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On October 5, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Montpelier, Vermont.

The meeting began at 9:30 a.m. EDT/8:30 a.m. CDT.  It was held in Room 11 at the Vermont State House, which is located at 115 State Street in Montpelier Vermont.

The formal meeting agenda is available on the Texas Compact Commission’s web site at www.tllrwdcc.org. 

Agenda  The following is an abbreviated overview of the agenda for the Texas Compact Commission meeting.  Persons interested in additional detail are directed to the formal agenda themselves.

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • welcome by Vermont Public Service Department Commissioner June Tierney;
  • discussion by Entergy Vermont Yankee regarding the closure and decommissioning of the Vermont Yankee nuclear power plant;
  • consideration of and possible action on applications for importation of low-level radioactive waste from Nextera Turkey Point; Dominion Kewaunee; Dominion Kewaunee IH; Philotechnics; Alaron Veolia; PGE Diablo Canyon; EnergySolutions; Energy Palisades; Energy Palisades IH; Thomas Gray; and, RAM Services;
  • reconsideration of and possible action on an application for importation of low-level radioactive waste from Southern Nuclear Vogtle;
  • consideration of and possible action to publish for public comment in the Texas Register a proposal to adopt a new §675.24 in TAC Title 31, Part 21, Chapter 675 relating to the requirement for certain entities to report on a quarterly basis the receipt of certain low-level radioactive waste that is not required to be disposed of in the Texas Compact Facility as recommended by the Texas Compact Commission’s Rules Committee;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations;
  • receive report from Chair on Texas Compact Commission activities including an update on contingency planning and legislative affairs;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities relating to future workshops, export reporting and Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2017 and 2018; and,
  • adjourn.

 

Background  The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org. 

Utah Issues Licensing and Rulemaking Actions for Public Comment

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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

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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.

Central Interstate Commission Passes Resolution Authorizing Waste Exports

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On June 20, 2017, the Central Interstate Low-Level Radioactive Waste Commission held its annual meeting at the Capital Hotel in Little Rock, Arkansas.

During the meeting, the Commission passed a resolution granting approval for all low-level radioactive waste generators in the compact region (Arkansas, Kansas, Louisiana, and Oklahoma) to export their low-level radioactive waste without first making application to the Commission.

The text of the resolution is as follows:

WHEREAS, the Central Interstate Low-Level Radioactive Waste Commission (“Commission”) was established in 1984 pursuant to the Central Interstate Low-Level Radioactive Waste Compact (“Compact”) (Public Law 99-240) and has, as current member states, Arkansas, Kansas, Louisiana, and Oklahoma, and  

WHEREAS, Article III.g. of the Compact provides that, unless authorized by the Commission, it shall be unlawful after January 1, 1986 for any person to export from the region, low-level radioactive waste (“LLRW”) generated within the region, and to transport LLRW from the site at which it is generated except to a regional facility, and 

WHEREAS, in 2006, the Commission adopted a resolution to not actively pursue siting a regional facility in one of the member states, and  

WHEREAS, by not having a regional facility in one of the member states, all LLRW generators in the member states have exported their LLRW wastes from the region to a non-Compact disposal facility after having applied to, and obtained authorization from, the Commission, as required by Article III.g., and 

WHEREAS, the Commission has determined there is no further need to require each LLRW generator to apply to the Commission for export authorization,  

BE IT NOW THEREFORE RESOLVED THAT:

 

A. This Resolution shall take effect July 1, 2017 and shall serve as authorization for export required under Article III.g. of the Compact.

B. The Commission authorizes all LLRW generators within the member states to export LLRW generated at their facilities to any duly authorized and permitted disposal facility outside of the Compact, without application to the Commission or payment of any application fee, provided the export is done in compliance with all applicable state and federal laws and regulations and any terms or conditions required of both the disposal facility to receive the LLRW and the regional Compact in which the disposal facility is located. 

C. Within 30 days of the date this Resolution is adopted, the Administrator shall ensure a copy of this Resolution is posted on the Commission’s webpage and is provided to: 

  • all LLRW generators who have filed Export Applications with the Commission during Fiscal Years 2015 to the present; and
  • the following LLRW disposal facilities and their associated Compact:
    • EnergySolutions in Barnwell, South Carolina (Atlantic Compact);
    • EnergySolutions in Clive, Utah (Northwest Compact);
    • S. Ecology in Richland, Washington (Northwest Compact); and
    • Waste Control Specialists in Andrews, Texas (Texas-Vermont Compact).

This resolution shall remain in effect until modified, suspended, or revoked by the Commission.

The resolution was adopted by a 4 to 0 vote of the Central Interstate Low-Level Radioactive Waste Commission.  The effective date of the resolution, which was signed by Commission Chair Jon Roberts, is July 1, 2017.

For additional information, please contact Kristie Valtierra, Administrator of the Central Interstate Low-Level Radioactive Waste Compact Commission, at (402) 702-5220 or at admin@cillrwcc.org or visit their web site at www.cillrwcc.org.

District Court Prohibits Proposed Acquisition of Waste Control Specialists by EnergySolutions

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On June 21, 2017, the United States District Court for the District of Delaware issued a Judgment and Order in a civil antitrust lawsuit seeking to block the proposed $367 million acquisition of Waste Control Specialists LLC by EnergySolutions.  The United States of America is the plaintiff in the case.  The listed defendants include EnergySolutions, Inc.; Rockwell Holdco, Inc.; Andrews County Holdings, Inc.; and, Waste Control Specialists LLC.

In its order, the district court entered judgment in favor of the plaintiffs and against the defendants, specifically enjoining and restraining the defendants “from carrying out the acquisition of Waste Control Specialists LLC by EnergySolutions, Inc. as memorialized in the merger agreement between Rockwell Holdco, Inc. and Andrews County Holding, Inc. dated November 18, 2015 and any amendments thereto.”

The case—which is listed as United States of America v. EnergySolutions, Inc.; Rockwell Holdco, Inc.; Andrews Country Holdings, Inc.; and, Waste Control Specialists—can be found under civil docket number 16-1056-SLR in the United States District Court for the District of Delaware.

Proposed Acquisition  On November 19, 2015, in separate press releases, it was announced that Rockwell Holdco had signed a definitive agreement to acquire Waste Control Specialists—a wholly owned subsidiary of Valhi, Inc. and operator of a low-level radioactive waste disposal facility located in Andrews County, Texas.  Rockwell Holdco is the parent company of EnergySolutions—which operates low-level radioactive waste disposal facilities in Tooele County, Utah and Barnwell, South Carolina.  Rockwell Holdco is owned by Energy Capital Partners, a private equity firm focused on investing in North America’s energy infrastructure.  According to the companies’ press releases, upon closing, Rockwell Holdco would pay $270 million in cash and $20 million face amount in Series A Preferred Stock.  In addition, Rockwell Holdco would assume approximately $77 million of Waste Control Specialists’ debt, as well as all financial assurance obligations related to the Waste Control Specialists’ business.

Antitrust Lawsuit  On November 16, 2016, the DOJ filed a civil antitrust lawsuit in the U.S. District Court for the District of Delaware seeking to block the proposed $367 million acquisition of Waste Control Specialists by EnergySolutions.  DOJ argued that the proposed transaction “would combine the two most significant competitors for the disposal of low level radioactive waste … available to commercial customers in 36 states, the District of Columbia and Puerto Rico.”  DOJ asserted that the proposed transaction “would deny commercial generators of … [low-level radioactive waste] —from universities and hospitals working on life-saving treatments to nuclear facilities producing 20 percent of the electricity in the United States—the benefits of vigorous competition that has led to significantly lower prices, better service and innovation in recent years.”

Low-Level Radioactive Waste  Low-level radioactive waste is the radioactive byproduct of nuclear power generation, scientific research and certain medical treatments.  Low-level radioactive waste includes such items as personal protective clothing, tools, water purification filters and resins, hardware from nuclear power plants, and equipment from medical and research institutions.  Low-level radioactive waste may only be disposed of in a facility licensed by, or pursuant to an exemption provided by, the U.S. Nuclear Regulatory Commission (NRC) or a state acting under an agreement with the NRC.  Low-level radioactive waste disposal is an essential service for operating nuclear reactors, research laboratories and medical facilities.  Additionally, low-level radioactive waste disposal is a requirement for the safe decommissioning of such facilities when they reach the end of their useful lives.

For additional information about EnergySolutions, please contact Dan Shrum at (801) 649-2000 or at dshrum@energysolutions.com or go to the company’s web site at www.energysolutions.com.  For additional information about Waste Control Specialists, please contact Rodney Baltzer at (972) 450-4235 or at rbaltzer@valhi.net or visit the company’s web site at www.valhi.net.

Northwest Compact Commission Hosts Meeting

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On June 8, 2017, the Northwest Interstate Compact on Low-Level Radioactive Waste Management will host a meeting beginning at 9:00 a.m. PDT in Helena, Montana.  The meeting will be held at the Radisson Colonial Hotel, which is located at 2301 Colonial Drive in Helena, Montana.

The following topics, among others, are on the meeting agenda:

  • Welcome and Introductory Remarks (Earl Fordham, Chair)
    • Introductions
  • Compact Business (Kristen Schwab, Executive Director)
    • Approve Minutes of June 21, 2016 Committee Meeting
  • Party States Reports (Committee Members)
  • US Ecology – Activities Overview (Mike Ault, General Manager, US Ecology Inc.)
  • Disposal Volume Summary for 2016 and for 2017 through May
  • 2017 Revenue Requirement
  • MTCA Investigation
  • Other Issues
  • Utah – Activities Overview (Rusty Lundberg, Deputy Director, Utah Division of Waste Management and Radiation Control)
  • Legislation
    • EnergySolutions’ Activities Including Status of EnergySolutions’ Depleted Uranium Performance Assessment
  • Other Issues
  • Break
  • US Ecology MTCA Investigation (Ron Skinnarland, Washington State Department of Ecology)
    • Overview and Update
  • National and Regional Issues (Kristen Scwhab, Executive Director)
    • Import/Export License Applications
    • Texas Compact/Waste Control Specialists
    • Compact Updates
    • Other Issues
  • EnergySolutions – Activities Overview (Dan Shrum, Senior Vice President, Regulatory Affairs, EnergySolutions)
    • 2016 Low-Level Radioactive Waste Disposal Volumes
    • Other Issues
  • Lunch
  • Low-Level Radioactive Waste Forum’s Disused Sources Working Group (Gary Robertson, DSWG Technical Consultant)
    • Disused Sources Background
    • Disused Sources Current Status
    • Disused Sources Program Update
  • Transfer of Northwest Compact Activities (Earl Fordham, Chair)
    • Status Update
  • Update on Legal Issues (Kristen Mitchell, Compact Counsel, Washington State Attorney General’s Office)
    • Status Update
  • Break
  • Committee Business
  • Public Comment
  • Meeting Adjourned

For additional information, please contact Kristen Schwab, Executive Director of the Northwest Interstate Compact on Low-Level Radioactive Waste Management, at (360) 236-3232 or at Kristen.schwab@doh.wa.gov.

WCS Places Spent Fuel Storage Application on Hold

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By letter dated mid-April 2017, Waste Control Specialists (WCS) asked the U.S. Nuclear Regulatory Commission (NRC) to temporarily suspend the agency’s review of its application to construct and operate a spent nuclear fuel Consolidated Interim Storage Facility (CISF) in Andrews County, Texas.

WSC “is faced with a magnitude of financial burdens that currently make pursuit of licensing unsupportable,” Rod Baltzer, the company’s President and CEO, said in a letter to the NRC dated April 16, 2017.  According to Baltzer, the estimated $7.5 million that is needed to continue the licensing process was a significant factor in WCS’ decision.  The following day, NRC announced that it would freeze the review.

The request comes as EnergySolutions is trying to buy WCS, although the U.S. Department of Justice has sued to block the merger, arguing it would essentially create a monopoly on radioactive waste disposal.  “WCS expects to go forward with this project at the earliest possible opportunity after completion of the sale,” Baltzer said in a statement.

In the meantime, on March 16, 2017, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency was providing additional opportunities for the public to comment on the CISF application that was submitted by WCS.

Background

On April 28, 2016, WCS filed an application seeking a 40-year license for a CISF to receive spent fuel from nuclear reactors for storage, pending final disposal.  (See LLW Notes, May/June 2016, pp. 16-17.)  Specifically, WCS is requesting authorization to construct and operate a CISF at the company’s 60.3 square kilometer (14,900 acre) site in western Andrews County, Texas.  On this site, WCS currently operates facilities that process and store certain types of radioactive material—mainly low-level radioactive waste and mixed waste.  The facility also disposes of hazardous and toxic waste.

According to the application, WCS plans to construct the CISF in eight phases.  Phase one of the CISF would be designed to provide storage for up to 5,000 metric tons uranium (MTU) of spent nuclear fuel received from commercial nuclear power reactors across the United States.  WCS proposes that small amounts of mixed oxide spent fuels and Greater-Than-Class C (GTCC) low-level radioactive wastes also be stored at the CISF.  WCS stated that it would design each subsequent phase of the CISF to store up to an additional 5,000 MTU.  A total of up to 40,000 MTU would be stored at the site by the completion of the final phase.  Each phase would require NRC review and approval.

WCS would receive canisters containing spent nuclear fuel from the reactor sites.  Once accepted at the site, WCS would transfer them into onsite dry cask storage systems.  WCS plans to employ dry cask storage system technology that has been licensed by the NRC pursuant to 10 CFR Part 72 at various commercial nuclear reactors across the country.  According to WCS, the dry cask storage systems proposed for use at the CISF would be passive systems (i.e., not relying on any moving parts) and would provide physical protection, containment, nuclear criticality controls and radiation shielding required for the safe storage of the spent nuclear fuel.  WCS also states that the dry cask storage systems would be located on top of the concrete pads constructed at the CISF.

For additional information, please contact Maureen Conley of the U.S. Nuclear Regulatory Commission at (301) 415-8200.

Texas Compact Commission Holds February 2017 Meeting

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On February 23, 2017, the Texas Low-Level Radioactive Waste Disposal Compact Commission (Texas Compact Commission) held a regularly scheduled meeting in Austin, Texas.  The following items were on the meeting agenda:

  • call to order;
  • roll call and determination of quorum;
  • introduction of Commissioners, elected officials and press;
  • public comment;
  • consideration of and possible action on an amendment to an import agreement for importation of low-level radioactive waste from ThermoProcess;
  • consideration of and possible action on applications and proposed agreements for importation of low-level radioactive waste from EnergySolutions Bear Creek and RAM Services;
  • consideration of and possible action on an amendment to an exportation agreement for exportation of low-level radioactive waste from Bionomics TAMU Kingsville;
  • consideration of and possible action on applications for exportation of low-level radioactive waste from Bionomics Peleton;
  • discussion and consultation with legal counsel concerning pending litigation United States v. EnergySolutions, Inc. (Civil Action No.: 1:16-cv-01056-GMS) and responses to inquiries and requests from litigants in the litigation;
  • receive reports from Waste Control Specialists LLC (WCS) about recent site operations and any other matter WCS wishes to bring to the attention of the Texas Compact Commission;
  • receive reports from Texas Compact Commission committees including the Rules Committee (as Chaired by Commissioner Morris) and the Capacity Committee (as Chaired by Commissioner Weber);
  • Chairman’s report on Texas Compact Commission activities including reporting on fiscal matters to be taken by the compact and addressing personnel matters;
  • report from Leigh Ing, Executive Director of the Texas Compact Commission, on her activities and questions related to Texas Compact Commission operations;
  • discussion and possible changes of dates and locations of future Texas Compact Commission meetings in 2017; and,
  • adjourn.

The Texas Compact Commission may meet in closed session as authorized by the Texas Open Meetings Act, Chapter 551, Texas Government Code.  Texas Compact Commission meetings are open to the public.

For additional information, please contact Texas Compact Commission Executive Director Leigh Ing at (512) 305-8941 or at leigh.ing@tllrwdcc.org. 

San Onofre Nuclear Plant Decommissioning Contract Awarded

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In late-December 2016, following a ten-month competitive bid process, Southern California Edison announced that it has selected a joint venture of AECOM and EnergySolutions as the Decommissioning General Contractor for the San Onofre Nuclear Generating Station (SONGS).  This is one of the country’s largest commercial nuclear plant decommissioning projects.  The joint venture will be known as SONGS Decommissioning Solutions.

Overview

The major SONGS dismantlement work will not begin before 2018 when, as required by the California Environmental Quality Act, state regulators are expected to complete their environmental review.  The project is expected to create about 600 jobs during the 10-year dismantlement phase, including workers from local companies.

AECOM, a fully integrated global infrastructure firm, was named one of Fortune magazine’s “World’s Most Admired Companies” in 2016.  AECOM designs, builds, finances and operates assets in more than 150 countries.  EnergySolutions, which specializes in nuclear plant decommissioning and waste management, is currently in the demolition phase of decommissioning both the Zion and Dairyland nuclear power stations.

The $4.4 billion nuclear plant decommissioning is financed through existing trust funds, including SCE’s share of the project as majority owner.  The total cost includes the dismantlement work awarded to SONGS Decommissioning Solutions and continued on-site storage of San Onofre’s used nuclear fuel until the federal government provides a required repository and restoration activities.

SCE shares responsibility for decommissioning with San Onofre co-owners San Diego Gas & Electric and the city of Riverside, as well as former co-owner the city of Anaheim.

Background

When operational, San Onofre Units 2 and 3 generated 2,200 megawatts of electricity.  In June 2013, SCE announced that it would retire San Onofre Units 2 and 3 and that it had begun the preparations to decommission the facility.  SCE has established core principles of safety, stewardship and engagement to guide decommissioning.

An Edison International company, Southern California Edison is one of the nation’s largest electric utilities, serving a population of nearly 15 million via 5 million customer accounts in a 50,000-square-mile service area within Central, Coastal and Southern California.

For additional information, please visit songscommunity.com or contact Liese Mosher, Principal Manager, Decommissioning Communications, at Southern California Edison, at (949) 368-9750 or at liese.mosher@sce.com; Kathy Davis, Executive Director, Southwestern Low-Level Radioactive Waste Compact Commission at (916) 448-2390 or at swllrwcc@swllrwcc.org; or, Stephen Woods, Chief, Division of Food, Drug and Safety, California Department of Public Health, at (916) 440-7883 or at steve.woods@cdph.ca.gov.

Department of Justice Files Civil Antitrust Lawsuit to Block Proposed EnergySolutions’ Acquisition of Waste Control Specialists

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The U.S. Department of Justice (DOJ) recently announced that it has filed a civil antitrust lawsuit seeking to block the proposed $367 million acquisition of Waste Control Specialists LLC by EnergySolutions.  The suit was filed in the U.S. District Court for the District of Delaware on November 16, 2016.

According to DOJ’s press release, the proposed transaction “would combine the two most significant competitors for the disposal of low level radioactive waste … available to commercial customers in 36 states, the District of Columbia and Puerto Rico.”

DOJ argues that the proposed transaction “would deny commercial generators of … [low-level radioactive waste] – from universities and hospitals working on life-saving treatments to nuclear facilities producing 20 percent of the electricity in the United States – the benefits of vigorous competition that has led to significantly lower prices, better service and innovation in recent years.”

“Since opening its … [low-level radioactive waste] disposal facility in 2012, Waste Control Specialists has provided EnergySolutions the only real competition it has ever faced,” said Acting Assistant Attorney General Renata Hesse of the DOJ’s Antitrust Division.  “This competition has allowed customers to extract better prices and to receive better and more innovative service in the … [low-level radioactive waste] disposal industry.  If consummated, EnergySolutions’ proposed acquisition of Waste Control Specialists would make EnergySolutions the only option for customers in nearly 40 states.  And this at a time when projects worth billions of dollars are set to be awarded in the coming years.”

DOJ’s press release asserts that Waste Control Specialists provides the “only true competition” for EnergySolutions.  “That competition has led to increased innovation and lower prices for customers,” contends DOJ.  “EnergySolutions’ acquisition of Waste Control Specialists would eliminate that competition, with no likelihood of new entry to fill the void.”

Low-level radioactive waste is the radioactive byproduct of nuclear power generation, scientific research and certain medical treatments.  Low-level radioactive waste includes such items as personal protective clothing, tools, water purification filters and resins, hardware from nuclear power plants, and equipment from medical and research institutions.  Low-level radioactive waste may only be disposed of in a facility licensed by, or pursuant to an exemption provided by, the U.S. Nuclear Regulatory Commission (NRC) or a state acting under an agreement with the NRC.  Low-level radioactive waste disposal is an essential service for operating nuclear reactors, research laboratories and medical facilities.  Additionally, low-level radioactive waste disposal is a requirement for the safe decommissioning of such facilities when they reach the end of their useful lives.

EnergySolutions offers customers a full range of integrated services and solutions, including nuclear operations, characterization, decommissioning, decontamination, site closure, transportation, nuclear materials management, processing, recycling, and disposition of nuclear waste, and research and engineering services across the nuclear fuel cycle.

Waste Control Specialists operates a West Texas facility for the processing, treatment, storage and disposal of a broad range of low-level radioactive and hazardous wastes.

For additional information about EnergySolutions, please contact Dan Shrum at (801) 649-2000 or at dshrum@energysolutions.com or go to the company’s web site at www.energysolutions.com.  For additional information about WCS, please contact Rodney Baltzer at (972) 450-4235 or at rbaltzer@valhi.net or visit the company’s web site at www.valhi.net.  For additional information about the proposed acquisition, please contact Mark Walker at mwalker@energysolutions.com or at (801) 231-9194.

Southwestern Compact Commission Hosts 73rd Meeting

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On October 7, 2016, the Southwestern Low-Level Radioactive Waste Commission hosted its 73rd meeting beginning at 9:00 a.m. PDT at the Hyatt Regency in Sacramento, California.

The following topics, among others, were on the meeting agenda:

  • call to order;
  • roll call;
  • welcome and introductions—announce retirement of Commissioner Godwin, introduce Brian Goretzki of Arizona;
  • statement regarding due notice of meeting;
  • reports, status and/or activity;
  • Commission Chair;

–     Executive Director;

  • licensing agency;
  • license designee; and,

–     party states;

 

  • presentation by Chris Shaw of WCS;
  • update on sealed sources—QalTek;
  • exportation actions;
  • ratification of approved petitions;

–     amend “Policy of the Southwestern Low-Level Radioactive Waste Commission Regarding Exportation of Various Low-Level Radioactive Waste Streams” to extend effective date;

  • amend “Requirements for Exportation Petitions for Low-Level Radioactive Waste Disposal” to extend effective date; and,

–     review petitions for EnergySolutions and WCS for 2017.

  • Executive Session pursuant to CA Gov. Code §11126(a)(1) to discuss staff performance evaluations;
  • review and approve Executive Director’s and Counsel’s contracts;
  • review and approve financial audit report;
  • review and approve letter of intent for 2016 audit;
  • review and approve Annual Governor’s Report;
  • amend fiscal year 2016-17 budget;
  • approve fiscal year 2017-18 budget;
  • adopt fee schedule;
  • public comment;
  • election of officers;
  • future agenda items;
  • next meeting; and,
  • adjournment.

For additional information, please contact Kathy Davis, Executive Director of the Southwestern Compact Commission, at (916) 448-2390 or at swllrwcc@swllrwcc.org.

Utah Waste Management and Radiation Control Board Holds June Meeting

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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.

License Transfer Approved for La Crosse Nuclear Plant

Posted on by MidwestCompact

On May 24, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency has approved the transfer of the license for the La Crosse Boiling Water Reactor from the Dairyland Power Cooperative to LaCrosseSolutions.

The La Crosse plant—which is located in Genoa, Wisconsin—has been shut down since 1987.  At that time, the NRC modified the original operating license to a possession-only license for the purpose of storage of nuclear materials and waste and decommissioning activities.

On October 8, 2015, Dairyland submitted an application to the NRC requesting transfer of the license to LaCrosseSolutions, which is a subsidiary of EnergySolutions.  The license transfer would allow LaCrosseSolutions to expedite decommissioning activities on the site.

Under the terms of the transfer, Dairyland will remain the owner of the site and retain title to and responsibility for the spent nuclear fuel, which is currently stored in dry casks on the site. LaCrosseSolutions will lease the above-ground structures (other than the spent fuel storage site) and assume responsibility for decommissioning under NRC requirements.

EnergySolutions entered into a similar arrangement as that being done for the La Crosse nuclear power plant when it began to decommission the shuttered Zion nuclear power plant in Illinois in 2010.

The NRC’s order approving the transfer and its safety evaluation of the transfer are available in the NRC’s ADAMS document database at ML16123A049.

For additional information, please contact Maureen Conley of the NRC at (301) 415-8200.

Utah Waste Management and Radiation Control Board Holds April Meeting

Posted on by MidwestCompact

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

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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.

LLW Forum Sponsors Panel for Waste Management 2016 Conference

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The Low-Level Radioactive Waste Forum, Inc. (LLW Forum) has organized a panel for the Waste Management 2016 Conference titled, Hot Topics and Emerging Issues in US Commercial Low-Level Radioactive Waste Management. Panel 16 will focus on emerging issues in commercial low-level radioactive waste management in the United States from the perspective of representatives of the LLW Forum. State, federal and industry officials will share their views on a variety of timely and significant topics including:

  •   the proposal to license a disposal cell for Greater-than-Class C (GTCC), GTCC-like and Transuranic waste through means other than deep geologic disposal at the Waste Control Specialists (WCS) facility in Texas—Charles Maguire, Director of the Radioactive Materials Division at the Texas Commission on Environmental Quality (TCEQ);
  •   an initiative to develop implementation guidance for the Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP)— Lisa Edwards, Senior Program Manager at the Electric Power Research Institute (EPRI);
  •   status of the proposed rule to amend 10 CFR Part 61, Licensing Requirements for Land Disposal of Radioactive Waste— Gregory Suber, Chief of the Low-Level Waste Branch at the U.S. Nuclear Regulatory Commission (NRC);
  •   the depleted uranium performance assessment, license and permit updates, and current waste disposal volumes and types at the Clive facility in Utah— Dan Shrum, Senior Vice-President of Regulatory Compliance at EnergySolutions; and,
  •   broker and processor perspectives on the management and disposition of disused sources— John McCormick, Vice-President at Bionomics, Inc.

The Waste Management 2016 Conference will be held at the convention center in Phoenix, Arizona from March 6-10, 2016. The LLW Forum-sponsored Panel 16 is scheduled to be held in Room 103AB from 1:30 – 3:10 p.m. on Monday afternoon—March 7, 2016.

As a reminder, registration rates for the Waste Management 2016 Conference are scheduled to increase on February 7, 2016.

Additional information on the Waste Management 2016 Conference can be found at www.wmsym.org or by contacting the Waste Management office at (480) 557-0263.