Committee approves bill aligning Utah radioactive waste definitions with federal standard amid public concern

The House Public Utilities and Energy Standing Committee voted 10–1 on Jan. 30 to advance House Bill 254, a bill that amends Utah’s waste classification statutes to align state definitions of high‑level and low‑level radioactive waste with federal standards. Sponsor Representative Bolander said the measure resolves a statutory conflict and will not permit Utah to accept waste it has not previously accepted.

Casey Hill of Energy Solutions, the company that operates Utah’s existing low‑level waste disposal facility, told the committee the bill is a definitional cleanup that aligns state statute with the federal definition found in 42 U.S.C. §10101. Hill said the state is an "agreement state," meaning Utah implements federal rules for certain radioactive materials, and the change is intended to avoid internal conflicts in state code that have required regulatory review in individual cases.

Doug Hansen, director of the Division of Waste Management and Radiation Control, said Energy Solutions has not sought to take higher‑level waste and that the bill focuses on how waste is characterized — by its isotopic composition and dose — rather than its origin. He said the change would make it clearer when material is class A low‑level waste and not high‑level waste.

Public comment was broadly opposed. Carmen Valdez of HEAL Utah said aligning to federal definitions could "increase Utah's exposure to additional radioactive and toxic materials, weaken our state control over waste sites and land and heighten public health and environmental risks." Steve Erickson of Downwinders Inc. recounted past fights in the 1990s over proposed acceptance of Class B and C waste and urged caution. Multiple speakers asked whether tribal governments and the Division of Environmental Quality had been consulted; speakers also cited worries about transport and long‑term stewardship.

Committee members asked technical questions about the definitions and the facility. Hill said the disposal site occupies roughly half of a standard section (about 0.5 square mile) in Tooele County; he described disposal as long‑term, with facility accounts set aside for ongoing maintenance after closure. He said class A waste radioactivity can range from relatively short decay times to “a couple hundred years,” and that the facility handles disposal — not temporary storage.

Representative Peck, who moved the favorable recommendation, and Representative Bolander said they have toured the facility and believe the change merely resolves a legal inconsistency rather than expands the types of waste Utah will accept. Opposing members and public witnesses urged a hold or referral to the natural resources interim committee for further review.

On a roll‑call vote, members recorded yes votes from Representatives Albrecht, Brooks, Chu, Moss, Peck, Shelley, Shipp, Watkins, Vice Chair Peterson and Chair Jack; Representative Dominguez was recorded in opposition. The committee chair announced the motion passed 10–1. The bill now moves forward in the legislative process.