Low-Level Radioactive Waste Forum Fall 2016 Meeting – Saratoga Springs, NY November 7 & 8, 2016 Utah Activities Update Don Verbica LLRW Program Manager

IMPEP Review November 3, 2016 the Division had an Interim Integrated Materials Performance Evaluation Program (IMPEP) review conducted by the NRC to evaluate how we are proceeding with correcting the issues of being unsatisfactory with respect to compatibility. As a reminder the 2015 IMPEP report indicated that legislation passed in the 2015 General Session had three issues. It limited financial assurance coverage for commercial radioactive waste treatment and disposal facility to the landfill embankments where waste was disposed. Allowed the licensee to update financial assurance requirements annually without a detailed review by the Division to assure that sufficient funds are available for completion of site closure. The Division Director’s inspection authority could be interpreted to cover areas outside of the Division’s authority.

Utah Legislation – 2017 General Session Legislation to be filed that: Modifies the Radiation Control Act: Clarifies revisions made during 2015 General Session to address compatibility concerns raised by the NRC Defines “unlicensed facility” Modifies financial assurance requirements for licensed and unlicensed areas of a LLRW disposal facility

Utah Law – Financial Assurance Adequacy UCA §19-1-307 – Applies to Commercial HW & LLRW Management Facilities Requires WMRC Board to evaluate every 5 years adequacy of financial assurance for: Closure and Post-Closure (HW) Need for Perpetual Care (HW) Closure, Post-Closure, and Perpetual Care (LLRW) Reports are submitted to the Legislative Management Committee and are due by October 1 Initial report issued in 2006 with first update completed in 2011 Update was due by October 1, 2016 Final report approved by WMRC Board Transmitted to the Legislature during September, 2016

Utah Law – Financial Assurance Adequacy Is the financial assurance required adequate to provide for closure and post-closure? Is there adequate funding for perpetual care and maintenance of commercial radioactive waste treatment and disposal facilities? What would be the costs for reasonable risks such as groundwater corrective action, differential settlement failure, or major maintenance of a cell or cells.

EnergySolutions Activities LLRW Evaluation of Performance Assessments Erwin ResinSolutions (SempraSafe) evaluation Depleted Uranium Schedule Web site http://www.deq.utah.gov/businesses/E/EnSolutions/depleteduranium/performassess/index.htm Sealed Source license amendment License renewal LLRW DISPOSAL

EnergySolutions Activities LLRW Oversight Containerized waste Various site operation changes Groundwater Permit Amendments LLRW DISPOSAL

EnergySolutions Activities 11e.(2) Byproduct Material License renewal Implementation of additional public participation procedures required by § 274 (o) AEA (42 USC 2021 (o)) DOE long-term stewardship 11e.(2) Byproduct Disposal

EnergySolutions Activities Mixed Waste Permit is ready for renewal EPA had some questions on Macro encapsulation in the landfill cell that is in the process of being resolved before the permit is renewed. Mixed Waste Disposal

Contact Information Don Verbica LLRW Program Manager Utah Division of Waste Management and Radiation Control Utah Department of Environmental Quality (801) 536-0206 dverbica@utah.gov