DRC-2024-007490

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
November 8, 2024 CD-2024-230
Mr. Doug Hansen, Director Division of Waste Management and Radiation Control P.O. Box 144880 Salt Lake City, UT 84114-4880
Subject: Radioactive Materials License UT 2300249; Request to Amend Condition 37 of Radioactive Material License UT2300249 Dear Mr. Hansen:
EnergySolutions requests an amendment to Conditions 37.C and 37.D of Radioactive Material License UT2300249 (License) to address unintended ambiguity introduced with License Amendment 25 in 2019.1 Prior to this amendment, updates by the Director of the Division of Waste Management and Radiation Control to the Low-Level Radioactive Waste and 11e.(2) Construction Quality Assurance / Quality Control Manual (CQA/QC
Manual), intended to align with approved changes in individual construction specifications, were significantly delayed. This delay impacted the effectiveness of the CQA/QC Manual for both EnergySolutions and the Director in ensuring construction compliance. In 2019, EnergySolutions and the Director recognized the need for a comprehensive review and revision of the CQA/QC Manual,2 leading to its formal
adoption (via revision 28c) as part of Amendment 25 to Radioactive Material License UT2300249.
“As a part of the on-going Low Level Radioactive Waste (LLRW) license renewal submittal EnergySolutions (ES) and the Division of Waste Management and Radiation Control (the Division) have identified reasons to revise the 11e.(2) and
LLRW Construction Quality Assurance / Quality Control Manual, Revision: 28b
(the CQA/QC Manual). ES submitted their requests for revision in writing. The Division has reviewed the submittals pertaining to this request and resolved questions through issuance of a marked-up CQA/QC Manual and follow-up meetings to which ES has responded. At the conclusion of the interim meetings the
Division has concluded that it can issue approval of the proposed revisions with
reasonable confidence that the proposed CQA/QC Manual will serve to protect facility workers, members of the general public, and the environment. The

1 Howard, T.L. “Radioactive Material License No. UT 2300249: Statement of Basis for Amendment 25;
Low Level Radioactive Waste Disposal Facility.” (DRC-2019-015782) Report by the Division of Waste Management and Radiation Control. December 6, 2019.
2 Orton, T. “CQA/QC Manual Revision Request.” (CD18-0046). Letter from EnergySolutions to Mr. Scott Anderson of the Division of Waste Management and Radiation Control. March 12, 2018.
Mr. Doug Hansen CD-2024-230 November 8, 2024 Page 2 of 4

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
Division concludes that the document will satisfy applicable regulatory requirements and meet expected standards of quality.”3
As part of the CQA/QC Manual revision efforts associated with Amendment 25, an
evaluation was conducted on the effectiveness of the following three authorized options that had governed resin disposal since 2001:4
1. In Controlled Low Strength Material (CLSM) grouted packages within bulk placement areas as described in Specification 90.
“A few minor revisions were made within Specification 90–CLSM Pours with
Resin-filled Containers. Text was added to confirm the applicability to resin-filled containers and that certain containers are to be pierced with ‘a minimum of’ one hole prior to CLSM placement. Text was also added to improve the filling of headspace voids of containers with diameters less than
three feet with CLSM up to the highest point of a container.”5 2. In the Containerized Waste Facility (CWF) as authorized by Work Element, CWF Waste Placement (Specifications 104 through 115) of the CQA/QC Manual.
“EnergySolutions requested that Subsection 108.B be clarified to make a distinction that caissons without waste in them can be removed without notifying the Director. This was acceptable to the Division because the distinction between filled and unfilled caissons was previously unclear.”6
3. In bulk soil lifts (uncontainerized) in accordance with Specification 83 of the CQA/QC Manual.
“In initial discussions with the [EnergySolutions], Specification 83 of the CQA/QC manual was agreed to be removed as it had not been used in a
number of years and the Division [and EnergySolutions] [were] concerned
how it could be implemented safely. However, before the change was
finalized, [EnergySolutions] requested that Specification 83 be reinstated in the CQA/QC manual. The Division then proposed changing License Condition 37.D to allow Director approval for each shipment using this specification.
The ES agreed.

3 Howard, pg B-1. 4 Sinclar, W.J. “Final Executive Secretary Decision, Envirocare containerized Class A low-level radioactive waste amendment request of January 29, 2001.” Letter to Charles Judd of Envirocare of Utah from the Utah Radiation Control Board. October 19, 2001. 5 Howard, pg. B-12.
6 Howard pg. B-15.
Mr. Doug Hansen CD-2024-230 November 8, 2024 Page 3 of 4

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
The proposed amended License Condition 37.D [is]:
37.D. Only after receipt of written Director approval for each shipment and then Disposed disposed of in accordance with the requirements of the
Construction Quality Assurance/Quality Control Manual.”7 [emphasis
added]
Since 2001, EnergySolutions has been authorized to, and has effectively disposed of containerized resin in both bulk and containerized waste placement zones, in compliance with Specifications 90 and 108 of the CQA/QC Manual. Resin placement is documented
on the CWF and CLSM lift approval forms, which are archived and available for the
Director’s review at the Clive Facility. However, no resin has been disposed of using the method presented in Specification 83 after 2001, as EnergySolutions has prioritized minimizing occupational exposures and addressing contamination control issues related to that method. As a result, Condition 37.D was amended in 2019 to require Director
approval solely for shipments managed using the method outlined in Specification 83.
This change did not impact the ongoing disposal of resin in accordance with the methods authorized in Specifications 90 or 108. The application of Condition 37.D to all resin disposal methods (see DRC-2024-006695) as revised in Amendment 25 was therefore unintended.
To address the ambiguity created by Amendment 25 of Radioactive Material License UT2300249, EnergySolutions requests the Director to revise License Condition 37.D, as follows:
37. All ion exchange resins shall be disposed of as follows: A. Solidified using solidification agents approved by the Director and
disposed in the Containerized Waste Facility; or
B. Packaged in High-Integrity Containers (HIC) approved by the Director, carbon-steel liners, unapproved HICs or poly HICs meeting the void space criteria described in License Condition 16.M.i and disposed of in the Containerized Waste Facility; or
C. Packaged in HIC approved by the Director, carbon-steel liners,
unapproved HICs or poly HICs not meeting the void space criteria described in License Condition 16.M.i and disposed of as approved by the Director under License Condition 16.M.ii or 16.M.iii in the Containerized Waste Facility; or

7 Howard pg. B-1.
Mr. Doug Hansen CD-2024-230 November 8, 2024 Page 4 of 4

299 South Main Street, Suite 1700 ▪ Salt Lake City, Utah 84111 [phone] ▪ Fax: [phone] ▪ www.energysolutions.com
D. Disposed of in bulk resin waste lifts in accordance with Specification 83 of the Construction Quality Assurance/Quality Control Manual, only after obtaining written approval from the
Director for each shipment. Only after receipt of written Director
approval for each shipment, disposed of in accordance with the requirements of the Construction Quality Assurance/Quality Control Manual.
While awaiting clarification of the license, EnergySolutions requests that the Director
affirm the compliance of its current practice of disposing of resin encapsulated within Controlled Low Strength Material (CLSM) (per Specification 90, CLSM Pours with Resin-Filled Containers) and within the Containerized Waste Facility (in accordance with the Work Element: Containerized Waste Facility Waste Placement in the CQA/QC Manual). Please contact me at [phone] if you have questions regarding this
request.
Sincerely,
Vern C. Rogers Director of Regulatory Affairs

Vern C.
Rogers
Digitally signed by Vern C. Rogers DN: cn=Vern C. Rogers,
o=EnergySolutions, ou=Waste
Management Division, email=[e-mail], c=US Date: 2024.11.08 08:04:19 -07'00'