The state Radiation Control Board will require a performance assessment of any site proposed for the disposal of more than one metric ton of concentrated DU. Concentrated DU is defined in the rule as DU with a concentration level greater than 5 percent by weight. The study will have to show the site will comply with state and federal safety regulations for a minimum of 10,000 years.
DU has been classified as Class A low-level waste by the Nuclear Regulatory Commission despite the fact that it becomes more radioactive as it decays.
“The Nuclear Regulatory Commission has said that you can’t rely alone on depleted uranium’s classification to determine its safe disposal,” Laura Lockhart, attorney for the Radiation Control Board, told board members at their Tuesday meeting at which the new rule was adopted. “The staff does not believe the rule is more stringent than the NRC regulations and is necessary to protect public health.”
The state’s DU rule is expected to go into effect on June 1. The new rule can not go into effect any earlier that 30 days after it is officially published, according to Lockhart.
Thomas Maggette, senior vice-president for EnergySolutions addressed the board before it voted on the new rule.
“The rule is unnecessary,” Maggette said. “Especially in light of EnergySolutions’ voluntary commitments. Corresponding federal regulations are adequate. Your characterization of the Nuclear Regulatory Commission rules as inadequate are in error. They are adequate to protect the health and safety of the public.”
EnergySolutions has already started a performance assessment of its Clive facility for DU that it expects to be completed by December 2010.
“EnergySolutions agrees that a performance assessment needs to be conducted for our Clive facility as evidenced by our voluntary commitment back in June 2009,” said Mark Walker, EnergySolutions spokesperson. “We disagree, however, with the approach the Radiation Control Board has taken to conduct rulemaking requiring a performance assessment.”
The Radiation Control Board also adopted a non-binding policy on blending waste. It acknowledges that downblending of radioactive waste does not pose any unique health and safety issues, but to maintain public confidence and to protect against unforeseen hazards, the board opposes waste blending when the intent is to alter waste classification for the purposes of disposal site access.
“This is just like the policy we adopted on foreign waste,” said Frank DeRosso, RCB member. “While we admit that it doesn’t pose any new health or safety threats, we just don’t want it here.”
In January, EnergySolutions addressed the board and explained their plans to build a facility in Tennessee that would blend Class B and C resins with Class A resins used to clean contaminated water at nuclear power plants. The blending process would lower the concentration level of the radiation in the resins to Class A.
“It will be no different from the Class A waste already sent to Clive,” Maggette said.
Two months ago, after grappling with DU and blended waste rules, the RCB formed a sub-committee to look at a standing rule that would define how to respond to requests for unusual waste streams. The sub-committee responded with a draft rule that would require a site-specific performance assessment before accepting any radioactive waste not defined by current regulation when required by the RCB executive director or the board itself.
The board voted to send the draft rule out for public comment and start the formal process of rulemaking.
Tim Gillie: tgillie@tooeletranscript.com
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