2023 Utah Code › Title 19 - Environmental Quality Code › Chapter 3 - Radiation Control Act › Part 1 - General Provisions › Section 103.7 - Prohibition of certain radioactive wastes -- Alternative classification -- Concentrated depleted uranium.

Effective 5/14/2019
19-3-103.7.
Prohibition of certain radioactive wastes -- Alternative classification -- Concentrated depleted uranium.
(1) Except as provided in Subsection (2), an entity may not accept in the state or apply for a license to accept in the state for commercial storage, decay in storage, treatment, incineration, or disposal waste, that at the time of acceptance is:
(a) class B or class C low-level radioactive waste; or
(b) radioactive waste having a higher radionuclide concentration than the highest radionuclide concentration allowed under licenses existing on February 25, 2005, that have met all the requirements of Section 19-3-105.
(2)
(a) Subject to the other provisions of this Subsection (2), at the request of a licensee or applicant, the director may authorize provisions for the classification and characteristics of waste for land disposal within the state on a specific basis, if after evaluation of the specific characteristics of the waste, disposal site, and method of disposal, the director finds that:
(i) when considering the characteristics of the waste and the site-specific applicable method of disposal, there is reasonable assurance of compliance with the performance objectives, dose limits, and other applicable requirements set forth in rules made by the board that govern the type of issues addressed in 10 C.F.R. Part 61, Licensing Requirements for Land Disposal of Radioactive Waste, Subpart C, Performance Objectives; and
(ii) the dose limits of the waste are equal to or less than that of:
(A) class A low-level radioactive waste; and
(B) waste described under Subsection (1)(b).
(b) The prohibition of accepting waste or applying for accepting waste described in Subsection (1) does not apply to waste that is classified in compliance with the requirements of this Subsection (2).
(c) Within five business days of the day on which the director makes findings to authorize the classification and characteristics of waste on a specific basis under Subsection (2)(a), the director shall notify:
(i) the chairs of the Natural Resources, Agriculture, and Environment Interim Committee; or
(ii) if the findings are issued during a general legislative session, the chair of the House Natural Resources, Agriculture, and Environment Standing Committee and the chair of the Senate Natural Resources, Agriculture, and Environment Standing Committee.
(d) The director's authorization for the classification and characteristics of waste on a specific basis under this Subsection (2) does not take effect until 90 days from the day on which the director makes the findings under Subsection (2)(a) to authorize the classification and characteristics of the waste.
(e) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this Subsection (2).
(3) The director shall require as a condition to the disposal by a radioactive waste facility of a total aggregate quantity of more than one metric ton of concentrated depleted uranium:
(a) an approved performance assessment;
(b) designation of a federal cell by the director; and
(c) pursuant to an agreement acceptable to the director, that the United States Department of Energy accepts perpetual management of the federal cell, title to the land on which the federal cell is located, title to the waste in the federal cell, and financial stewardship for the federal cell and waste in the federal cell.
Amended by Chapter 18, 2019 General Session