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.

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 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 & 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.