2006 Utah Code - 19-3-105 — Definitions -- Legislative and gubernatorial approval required for radioactive waste license -- Application for new, renewed, or amended license.

     19-3-105.   Definitions -- Legislative and gubernatorial approval required for radioactive waste license -- Application for new, renewed, or amended license.
     (1) As used in this section:
     (a) "Alternate feed material" has the same definition as provided in Section 59-24-102.
     (b) (i) "Class A low-level radioactive waste" means:
     (A) radioactive waste that is classified as class A waste under 10 C.F.R. 61.55; and
     (B) radium-226 up to a maximum radionuclide concentration level of 10,000 picocuries per gram.
     (ii) "Class A low-level radioactive waste" does not include:
     (A) uranium mill tailings;
     (B) naturally-occurring radioactive materials; or
     (C) the following radionuclides if classified as "special nuclear material" under the Atomic Energy Act of 1954, 42 U.S.C. 2014:
     (I) uranium-233; and
     (II) uranium-235 with a radionuclide concentration level greater than the concentration limits for specific conditions and enrichments established by an order of the Nuclear Regulatory Commission:
     (Aa) to ensure criticality safety for a radioactive waste facility in the state; and
     (Bb) in response to a request, submitted prior to January 1, 2004, from a radioactive waste facility in the state to the Nuclear Regulatory Commission to amend the facility's special nuclear material exemption order.
     (c) (i) "Radioactive waste facility" or "facility" means a facility that receives, transfers, stores, decays in storage, treats, or disposes of radioactive waste:
     (A) commercially for profit; or
     (B) generated at locations other than the radioactive waste facility.
     (ii) "Radioactive waste facility" does not include a facility that receives:
     (A) alternate feed material for reprocessing; or
     (B) radioactive waste from a location in the state designated as a processing site under 42 U.S.C. 7912(f).
     (d) "Radioactive waste license" or "license" means a radioactive material license issued by the executive secretary under Subsection 19-3-108(2)(c)(i), to own, construct, modify, or operate a radioactive waste facility.
     (2) The provisions of this section are subject to the prohibition under Section 19-3-103.7.
     (3) A person may not own, construct, modify, or operate a radioactive waste facility without:
     (a) having received a radioactive waste license for the facility;
     (b) meeting the requirements established by rule under Section 19-3-104;
     (c) the approval of the governing body of the municipality or county responsible for local planning and zoning where the radioactive waste is or will be located; and
     (d) subsequent to meeting the requirements of Subsections (3)(a) through (c), the approval of the governor and the Legislature.
     (4) A new radioactive waste license application, or an application to renew or amend an existing radioactive waste license, is subject to the requirements of Subsections (3)(b) through (d) if the application, renewal, or amendment:
     (a) specifies a different geographic site than a previously submitted application;

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     (b) would cost 50% or more of the cost of construction of the original radioactive waste facility or the modification would result in an increase in capacity or throughput of a cumulative total of 50% of the total capacity or throughput which was approved in the facility license as of January 1, 1990, or the initial approval facility license if the initial license approval is subsequent to January 1, 1990; or
     (c) requests approval to receive, transfer, store, decay in storage, treat, or dispose of radioactive waste having a higher radionuclide concentration limit than allowed, under an existing approved license held by the facility, for the specific type of waste to be received, transferred, stored, decayed in storage, treated, or disposed of.
     (5) The requirements of Subsection (4)(c) do not apply to an application to renew or amend an existing radioactive waste license if:
     (a) the radioactive waste facility requesting the renewal or amendment has received a license prior to January 1, 2004; and
     (b) the application to renew or amend its license is limited to a request to approve the receipt, transfer, storage, decay in storage, treatment, or disposal of class A low-level radioactive waste.
     (6) A radioactive waste facility which receives a new radioactive waste license after May 3, 2004, is subject to the requirements of Subsections (3)(b) through (d) for any license application, renewal, or amendment that requests approval to receive, transfer, store, decay in storage, treat, or dispose of radioactive waste not previously approved under an existing license held by the facility.
     (7) If the board finds that approval of additional radioactive waste license applications, renewals, or amendments will result in inadequate oversight, monitoring, or licensure compliance and enforcement of existing and any additional radioactive waste facilities, the board shall suspend acceptance of further applications for radioactive waste licenses. The board shall report the suspension to the Legislative Management Committee.
     (8) The board shall review each proposed radioactive waste license application to determine whether the application complies with the provisions of this chapter and the rules of the board.
     (9) (a) If the radioactive waste license application is determined to be complete, the board shall issue a notice of completeness.
     (b) If the board determines that the radioactive waste license application is incomplete, the board shall issue a notice of deficiency, listing the additional information to be provided by the applicant to complete the application.

Amended by Chapter 10, 2005 General Session