Low-Level Radioactive Waste Forum Fall 2017 Meeting – Alexandria, VA October 16, 2017 Utah Activities Update Rusty Lundberg Deputy Director

Utah Activities Update Legislation House Bill – Perpetual Care Funding Senate Bill – Financial Assurance Rule Development Financial Assurance revisions NRC – IMPEP Follow Up December 2017 Clive Facility Low-Level Radioactive Waste 11e.(2) Byproduct Mixed Waste

2017 Utah Legislation – Perpetual Care Funding House Bill 296 – Radioactive and Hazardous Waste Account Amendments Modifies the perpetual care requirements: Eliminates requirement for a LLRW disposal facility to pay $400,000 annually Eliminates requirement to evaluate and report every 5 years on the adequacy of funds for closure, post-closure, and perpetual care and maintenance of commercial HW and LLRW treatment and disposal facilities unless a 25% increase in size occurs

2017 Utah Legislation – Perpetual Care Funding (cont.) House Bill 296 – Radioactive and Hazardous Waste Account Amendments Requires the state treasurer to: Follow certain account management and investment guidelines More robust investment account Primary goal of providing stability and growth of the principal ( minimum target of $414 M – 2141) Beginning in 2021, report every five years to the Legislative Management Committee on account performance

2017 Utah Legislation – Financial Assurance Senate Bill 79 – Waste Management Amendments Resolves previous NRC determination of incompatibility with federal FA requirements Defines “unlicensed facility” Modifies financial assurance requirements for licensed and unlicensed areas of a LLRW disposal facility Clarifies the definition of a Radioactive Waste Facility

2017 Utah Legislation – Financial Assurance Rule Development Requires WMRC Board to establish rules for FA for closure and post closure Radioactive waste disposal facility and unlicensed facility Based on annual estimate using RS Means, or Proposed competitive site-specific estimate At least every five years Between years – accounts for current site conditions and includes annual inflation adjustment Annually review estimate for adequacy

Utah Legislation – 2017 General Session NRC review of S.B. 79 – financial assurance revisions to correct incompatibility 2015 Findings: Limited financial assurance coverage for commercial radioactive waste treatment and disposal facility to the landfill embankments where waste was disposed Allowed licensee to update financial assurance annually without a detailed review by the Division to assure sufficient funds are available for site closure “The revisions provided by your office address the above comment. We have no further comments.”

NRC Program Evaluation – Follow-up IMPEP – July 2015 November 3, 2016 – Follow up to the July 2015 full IMPEP review conducted by the NRC Status of addressing the incompatibility finding associated with statutory requirements for financial assurance for LLRW management facilities December 12-14, 2017

EnergySolutions – Clive Photo - EnergySolutions

EnergySolutions – Clive – LLRW Evaluation of Performance Assessments Erwin ResinSolutions (SempraSafe) evaluation EnergySolutions withdrew its request for approval The Division is evaluating how to proceed Depleted Uranium The Division is waiting for EnergySolutions response to the last round of interrogatories. Anticipate them to be submitted in the next few months. LLRW DISPOSAL

EnergySolutions – DU Performance Assessment http://www.deq.utah.gov/businesses/E/EnSolutions/depleteduranium/performassess/index.htm EnergySolutions – DU Performance Assessment

EnergySolutions – Clive – LLRW License renewal – The Division has completed a review of attachments and is currently working on license conditions and is working toward having the license out for public comment by the end of this year Ongoing oversight Incoming shipments Containerized waste – waste classification verifications Waste management operations & site monitoring program LLRW DISPOSAL

EnergySolutions – Clive 11e.(2) Byproduct Material License renewal – The public comment period on license renewal ended on Oct. 2. On track to issue the renewal soon Groundwater Permit Amendments The Division is reviewing EnergySolutions request for changes and is planning to respond by late 2017 or early 2018. 11e.(2) Byproduct Disposal

EnergySolutions – Clive Mixed Waste Permit is still ready for renewal EPA is evaluating its position on macroencapsulation in the landfill cell and a workable path forward. The Division has recommended EPA consider a workable compliance schedule in the permit so it can be reissued. Mixed Waste Disposal

Thank You Rusty Lundberg Deputy Director Division of Waste Management and Radiation Control (801) 536-4257 rlundberg@utah.gov