Depleted Uranium Exemption Request Background Information
On August 24, 2018, EnergySolutions, LLC petitioned (323.95 KB) the Utah Waste Management and Radiation Control Board (“Board”) for an exemption “from the mass and concentration limit of Utah Admin. Code R313-25-9(5)” to allow EnergySolutions to dispose of depleted uranium penetrators at its Clive land disposal facility without performing the required performance assessment.
In 2010, the Utah Radiation Control Board promulgated R313-25-8 (later renumbered to R313-25-9(5)). Additional information regarding the rulemaking and technical criteria to meet the rule standards may be viewed at the links provided below the rule.
To view information regarding the EnergySolutions’ Exemption, public comment period, Division of Waste Management and Radiation Control (“Division”) technical reviews and correspondence, Board meetings, Board actions go to the public notices page.
The public comment period for the EnergySolutions exemption request has been extended to October 22, 2018. Please see the following two documents for information regarding this extension.
- HEAL Utah Request for Extension of the Public Comment Period (40.72 KB)
- Public Notice of Extension of the Public Comment Period (48.91 KB)
Utah Admin. Code R313-12-55(1) – Board Exemption RuleConfirming that Utah’s rules are compatible with federal rules for Agreement State status, the U.S. Nuclear Regulatory Commission staff found R313-12-55(1) to be “similar” to 10 C.F.R. § 61.6. See 60 Fed. Reg. 6570 (95.29 KB) (February 2, 1995).
R313-25-8 (renumbered as R313-25-(9)(5)) RULEMAKING INFORMATION
- Utah Radiation Control Board, Statement of Basis for Administrative Rulemaking Regarding Disposal of Significant Quantities of Depleted Uranium (December 1, 2009) (142.32 KB).
- Response to Comments Regarding Proposed Amendments to Utah Admin. Code R313-25-8 to Address Depleted Uranium (April 5, 2010) (670.73 KB).
- EnergySolutions, LLC Comments on Recommended Language for a Proposed Rule Requiring Performance Assessments (November 1, 2010) (35.51 KB).
- EnergySolutions, LLC Comments on Recommended Language for a Proposed Rule Requiring Performance Assessments (January 3, 2011) (57.3 KB)
- EnergySolutions’ Public Comment to the Proposed Amendments to UAC R313-25-8 and the Accompanying “Statement of Basis for Administrative Rulemaking Regarding Disposal of Significant Quantiles of Depleted Uranium” (February 2, 2010) (15.24 MB)
- Performance Assessment Rulemaking Record .
- Utah Public Notice Website Waste Management and Radiation Control Board Agendas, Minutes, Board Packets, Audio Recordings and Other Information.
- Presentation Given to the Board at October 11, 2018 Meeting. Links to documents and web sites have been added for the convenience of the viewer. Red Text is Additions or Corrections Made to the Slides After the Presentation to the Utah Waste Management and Radiation Control Board on October 11, 2019 (4.03 MB).
- R313-25-9 Expanded History of Rulemaking (124.3 KB)
Rulemaking Presentations Presented to the Board
- Depleted Uranium (DU) Rule – Utah History, presented by John Hultquist, Utah Division of Radiation Control (753.93 KB).
- Performance Assessments for EnergySolutions: History and Concepts, presented by Loren Morton, Utah Division of Radiation Control (62.29 KB).
- Performance Assessments Legal Considerations presented by Denise Chancellor, Assistant Attorney General (44.75 KB).
- Performance Assessment for EnergySolutions LLW Disposal Facility at Clive, Utah, presented by Neptune and Company, Inc. on behalf of EnergySolutions, LLC (1.6 MB).
U.S. Nuclear Regulatory Documents Addressing the Need to Conduct Site-Specific Performance Assessments for the Land Disposal of Large Quantities of Depleted Uranium
(many of these documents are incorporated by reference in the Radiation Control Board’s Statement of Basis (December 1, 2009)).
- In the Matter of Louisiana Energy Services, L.P., Memorandum and Order, CLI-05-20 (October 19, 2005) (43.6 KB)
- U.S. Nuclear Regulatory Commission, SECY-08- 1047 (October 7, 2008): Response to Commission Order CLI-05-20 Regarding Depleted Uranium. Includes Enclosure 1, the NRC staff generic analysis of depleted uranium disposal (943.007 KB).
- U.S. Nuclear Regulatory Commission Memorandum – Staff Requirements – SECY-08-0147 – Response to Commission Order CLI-05-20 Regarding Depleted Uranium (56.85 KB).
- U.S. Nuclear Regulatory Commission – Notice of Public Workshop on a Potential Rulemaking for Safe Disposal of Unique Waste Streams Including Significant Quantities of Depleted Uranium, 74 Fed. Reg. 30175 (June 24, 2009) (154.52 KB)
- NRC Fact Sheet on Depleted Uranium and other Waste Disposal (August 26, 2009).
- NRC Frequently Asked Questions About Land Disposal Of Unique Waste Streams (August 19.2009).
- NRC Communications Plan Key Messages (August 19, 2009).
- NRC Frequently Asked Questions in the Communications Plan (August 19, 2009).
- NRC’s Unique Waste Streams Rulemaking Record, Workshop 1, Day 1 Transcripts (September 2, 2009) (584.84 KB).
- NRC’s Unique Waste Streams Rulemaking Record, Workshop 2, Day 1 Transcripts (September 23, 2009) (607.61 KB).
- NRC’s Unique Waste Streams Rulemaking Record, Presentations (1.9 MB).
- Current NRC’s Unique Waste Streams Rulemaking Record Website: 2009 Website not available.
- Draft Environmental Impact Statement on 10 CFR Part 61 Licensing Requirements for Land Disposal of Radioactive Waste NUREG-0782).
- Final Environmental Impact Statement on 10 CFR Part 61 Licensing Requirements for Land Disposal of Radioactive Waste NUREG-0945).
Depleted Uranium Information
Performance Assessment Information
- R313-25-20. Protection of the General Population from Releases of Radioactivity.
- R313-25-21. Protection of Individuals from Inadvertent Intrusion.
- R313-25-22. Protection of Individuals During Operations.
- R313-25-23. Stability of the Disposal Site After Closure.