EVALUATION OF CLOSURE, POST-CLOSURE, AND PERPETUAL CARE

0,35

MB

AND MAINTENANCE FOR COMMERCIAL HAZARDOUS WASTE AND

86

stron

COMMERCIAL RADIOACTIVE WASTE TREATMENT, STORAGE, AND

DISPOSAL FACILITIES

5397

ID

URS Corporation

2006

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TABLE OF CONTENTS

EXECUTIVE SUMMARYxi

1. OVERVIEW . 1-1

1.1 LEGISLATIVE DIRECTIVE 1-1

1.2 COMMERCIAL HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL IN UTAH . 1-

2

1.3 COMMERCIAL RADIOACTIVE WASTE TREATMENT AND DISPOSAL IN UTAH 1-3

1.4 OVERVIEW OF THE EVALUATION 1-4

2. COMMERCIAL HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 2-

1

2.1 What commercial facilities has the State of Utah permitted to treat, store, and/or dispose of

hazardous waste?. 2-2

2.2 What is the “life cycle” of a commercial hazardous waste management facility? 2-3

2.3 What is facility “closure?” . 2-3

2.4 Who performs a facility closure? 2-4

2.5 What is “post-closure care?” 2-4

2.6 Who provides post-closure care? 2-5

2.7 What forms of closure and post-closure care financial assurances (financial assurance

mechanisms or financial sureties) are allowed by the rules? 2-5

2.8 What are the estimated costs to close Utah’s permitted commercial hazardous waste

management facilities and to provide post-closure care?. 2-5

2.9 How much financial assurance must be provided to close a facility and provide post-closure

care?. 2-7

2.10 What closure and post-closure financial assurances are currently being provided for Utah’s

permitted facilities? . 2-7

2.11 Who is responsible for overseeing the closed facility after the permit is terminated? 2-8

2.12 What financial assurances or funds are provided to cover the costs that might be incurred

after the permit is terminated? 2-8

2.13 What is “perpetual care and maintenance”? 2-8

2.14 Do the Utah Hazardous Waste Management Rules provide for perpetual care and maintenance

of closed hazardous waste management facilities? . 2-9

2.15 What will be the value of a hazardous waste perpetual care fund in the future? 2-9

2.16 What might be the future value of a hazardous waste perpetual care fund if greater annual

fees were imposed?. 2-10

2.17 What might be the consequences of imposing greater annual fees for a Hazardous Waste

Perpetual Care Fund? 2-11

2.18 Are sufficient financial assurances provided to cover the costs of closure, postclosure care,

and unplanned and unanticipated events?. 2-12

2.19 What other costs might be anticipated following post-closure permit termination? 2-13

2.20 Should funds be required for costs that might be incurred for major events following post-

closure permit termination? 2-13

2.21 Beyond financial assurances, what else provides assurance that commercial hazardous waste

management facilities will be properly closed and will perform as required? 2-14

2.22 How can the State help ensure against unanticipated costs of long-term care and

maintenance? . 2-20

2.23 Are sufficient financial assurances provided for adequate funding for costs of unplanned and

unanticipated events? 2-20

2.24 How do the financial assurances required for closure and post-closure care of commercial

hazardous waste management facilities permitted in the State of Utah compare with those required

in other states? 2-20

2.25 Do any States have financial assurance for costs and other burdens that might develop or

evolve after the permit is terminated? 2-26

2.26 What legal or regulatory revisions should be made to provide for the costs associated with

perpetual care? 2-28

3. LOW-LEVEL RADIOACTIVE WASTE TREATMENT AND DISPOSAL FACILITIES . 3-1

3.1 What facilities has the State of Utah licensed to treat and/or dispose of LLRW? 3-2

3.2 What is the “life cycle” of a commercial LLRW management facility? 3-3

3.3 What is facility “closure and stabilization”? . 3-3

3.4 Who performs a facility closure and stabilization? 3-4

3.5 What is “institutional control”? 3-4

3.6 Who provides institutional control and who pays for it? . 3-6

3.7 Who is responsible for overseeing the closed facility at the end of 100 years of institutional

control? 3-6

3.8 What forms of financial assurances for closure and institutional control (financial assurance

mechanisms or financial sureties) are allowed by the rules? 3-7

3.9 What are the estimated costs to close a facility and provide institutional control? 3-8

3.10 What financial assurances are currently being provided for closure and institutional control? 3-

10

3.11 What is “perpetual care and maintenance”? 3-10

3.12 What is the Radioactive Waste Perpetual Care and Maintenance Fund? . 3-11

3.13 What will be the costs of monitoring and maintaining the closed facility following 100 years of

institutional control? 3-12

3.14 What will be the value of the Radioactive Waste Perpetual Care and Maintenance Fund in the

future? . 3-12

3.15 What might be the future value of the Perpetual Care Fund if greater annual fees were

imposed? . 3-14

3.16 What would be the effect of fewer years of future operations or need for funds earlier than

100 years after facility closure? 3-14

3.17 What might be the consequences of imposing greater annual fees for the Perpetual Care

Fund?. 3-15

3.18 Beyond financial assurances, what else provides assurance that licensed commercial LLRW

management facilities will be properly closed and will perform as required 3-16

3.19 How might closure, institutional control, and other costs be greater than the funding provided

by financial assurances and the Perpetual Care Fund?. 3-21

3.20 How large could the increases of closure, institutional control, and other costs be? 3-22

3.21 What are the probabilities of occurrence of the increases of closure, institutional control, and

other costs?. 3-23

3.22 Considering both the probability and magnitude of possible cost increases, which possibilities

pose the greatest risk for increased costs? . 3-24

3.23 Are sufficient financial assurances provided to protect against increased costs of closure,

institutional control, and unplanned and unanticipated events? 3-26

3.24 How do the financial assurances required for closure and post-closure care of commercial

LLRW management facilities licensed in the State of Utah compare with those required in other

states?. 3-27

3.25 Do any States have financial assurance for costs and other burdens that might develop or

evolve after facility closure? . 3-34

3.26 What legal or regulatory revisions should be made to better assure against unfunded costs? 3-

35

4. SUMMARY, CONCLUSIONS AND RECOMMENDATIONS 4-1

4.1 HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES 4-1

4.2 RADIOACTIVE WASTE DISPOSAL FACILITIES . 4-1

REFERENCES .R-1

APPENDIX A: UC 19-1-307: EVALUATION OF CLOSURE, POST-CLOSURE, AND PERPETUAL

CARE AND MAINTENANCE FOR HAZARDOUS WASTE AND RADIOACTIVE WASTE

TREATMENT AND DISPOSAL FACILITIES – REPORT.A-2

APPENDIX B: DESCRIPTIONS OF SELECTED HAZARDOUS WASTE LANDFILLS PERMITTED

AND OPERATING IN OTHER STATES B-1

B.1 Clean Harbors Grassy Mountain at Tooele, UtahB-2

B.2 Chemical Waste Management at Kettleman City, California B-4

B.3 Clean Harbors Buttonwillow at Buttonwillow, California.B-5

B.4 Clean Harbors Westmorland at Westmorland, California .B-6

B.5 Envirosafe Services of Ohio at Oregon, Ohio .B-8

B.6 Clean Harbors Lone Mountain at Waynoka, Oklahoma B-10

B.7 U.S. Ecology at Beatty, Nevada .B-10

B.8 Waste Control Specialists Inc. at Andrews, Texas B-12

B.9 Texas Ecologists at Robstown, Texas.B-13

B.10 Clean Harbors Deer Park at Deer Park, Texas B-15

B.11 Pinewood Trust at Pinewood, South Carolina.B-16

References B-21

APPENDIX C: DESCRIPTIONS OF SELECTED LOW-LEVEL RADIOACTIVE WASTE DISPOSAL

FACILITIES LICENSED AND OPERATING IN OTHER STATES.C-1

C.1 OPERATING AND PROPOSED COMMERCIAL LLRW DISPOSAL FACILITIESC-2

C.1.1 EnergySolutions, LLC at Clive, UT .C-2

C.1.2 US Ecology Inc. at Hanford, WA.C-9

C.1.3 Chem-Nuclear Systems, LLC at Barnwell, SC .C-15

C.1.4 Waste Control Specialists, LLC at Andrews, TXC-18

C.2 CLOSED COMMERCIAL LLRW DISPOSAL FACILITIESC-22

C.2.1 US Ecology Inc. at Beatty, NV.C-23

C.2.2 US Ecology Inc. at Maxey Flats, KYC-26

C.2.3 US Ecology Inc. at Sheffield, IL.C-31

C.2.4 Nuclear Fuel Services, Inc. at West Valley, NY .C-35

References C-40