Utah House bans Class B and C low-level radioactive waste amid split over safety and revenue

The Utah House passed first substitute Senate Bill 24 on Feb. 9, 2005, enacting a permanent prohibition on Class B and C low-level radioactive waste and adopting a broader package of hazardous-waste policy changes. The measure passed 57-13 and will be returned to the Senate for its signature.

Representative Frank, the bill sponsor, described the measure as a policy that will ban “B and C waste from our state” and highlighted provisions that require the Solid and Hazardous Waste Control Board and the Radiation Control Board to prepare a joint report every five years on financing and closure/post-closure responsibilities. “What this does, representatives, is ban b and c waste from our state,” Frank said while reviewing the bill’s language that places the prohibition in statute.

Supporters argued the ban responds to public concern and the work of a two-year task force that recommended stricter limits. Representative Erickhart told colleagues the task force had “dug into this issue” and concluded there was no good reason to accept B and C waste from out of state. “This is stuff coming in from out of state,” Erickhart said, urging members to back the ban.

Opponents pressed the sponsor on technical and fiscal points. Representative Farrin asked whether the Department of Environmental Quality (DEQ) had presented evidence that B and C waste could not be stored safely; the sponsor acknowledged DEQ did not present such evidence and said some DEQ testimony suggested current practices can guarantee safety. Farrin also asked about potential state revenue foregone under a ban; the sponsor estimated fees could total about $10,000,000 per year on a medium volume of incoming waste, a figure opponents cited as a cost of the policy.

Representative Hughes expressed concern that Utah itself generates some B and C waste and cautioned against permanently forbidding disposal options the state might later need. “We do produce B and C waste in the state of Utah,” Hughes said, and urged caution before a permanent ban.

The bill includes additional measures: higher fees for certain waste streams, a prohibition on accepting Class B and C waste (as described in the bill language), and intent language directing state regulators and the attorney general’s office to monitor and, where necessary, revise contracts and letters of credit that secure closure and post-closure obligations for facilities that handle radioactive waste.

During final debate, Representative Frank read intent language about EnviroCare contracts and letters of credit, saying legislative counsel had drafted the language to clarify that irrevocable letters of credit can be a legally enforceable security for closure and post-closure costs. The House approved the intent language and the bill was recorded as passed 57-13.

The bill’s supporters argued the policy reflects constituent sentiment and reduces risks associated with transporting and storing higher-tier waste in Utah; critics countered with the DEQ’s assurances about safe storage practices and noted the foregone revenue and the fact that some such waste is produced in-state.

The House referred the passed bill back to the Senate for the president’s signature.