The official record will record a flurry of Radiation Control Board actions in the summer of 2009.

But practically and presently the Utah Radiation Control Board did nothing. The members voted, they amended, and ultimately they left the people of Utah unprotected and EnergySolutions unrestrained. Before the board voted, EnergySolutions was dumping depleted uranium in the west desert, and now, after the board's vote, they will continue to dump depleted uranium. Papers were shuffled, board members capitulated, and Utah will continue to be violated.

In spite of comments from NRC scientists who point out that the EnergySolution’s site is “not ideal” for DU disposal and that the present regulations are not adequate, the board's vote allows continued dumping of depleted uranium in Utah. Several members of the board fought to protect Utah. They were unsuccessful. Other board members tried, just as unsuccessfully, to wash away their regulatory responsibility with weak words of legal difficulty.

EnergySolutions representatives were there. They smiled.

Members of the public came and commented – here are a few expansions from my twitter coverage of the meeting:

We have talked a lot about compatibility here. I don’t think that Depleted Uranium is compatible with Utah. And I don’t think we are compatible with EnergySolutions, I think we need a divorce.

I’m disappointed. The public would be better served by a board willing to take the rocky legal road to a moritorium. You’ve just put off the legal battle. EnergySolutions has shown in the past that they are willing to use legal action to remove barriers to disposal.

Couldn’t you just wait? Now you’ve gotten the people of Utah in a big bind.

What part of the NRC presentation didn’t you understand? The EnergySolutions site is not ideal; the past regulation was not sufficient! You are just rolling over for EnergySolutions. Where is your backbone? You’ve got the welfare of the state in your hands and you just did something that you do not understand. You are not regulating EnergySolutions they are running you.

What Happened: The Utah Radiation Control Board voted 8-3 to deny the request for a moratorium on the dumping of depleted uranium in Utah and add to EnergySolutions’ license a condition that EnergySolutions be required retroactively to bring their disposal of depleted uranium into compliance with the new NRC rule making including removal and geologic disposal.

What Does this Mean Practically: for at least the next five years absolutely nothing. EnergySolutions can import with abandon until the rule's implementation. Judging from the NRC presentation this will likely be based on site specific analysis which will apparently add about two years (estimate) to the implementation time line. Then if the analysis says that EnergySolutions needs to change their site or remove the waste, they will have to… unless EnergySolutions decides to sue.

And history suggests that EnergySolutions will sue.

I did the same thing when I was a kid. I shoved everything under the bed hoping my mom would not find out. Suspecting all along that the food cached there would soon become odious evidence of my poor disposal plan. Then when my mom ordered me to clean under the bed I would SUE HER FOR EVERYTHING SHE IS WORTH.

So here is the take home:

Four members of the board worked to stop the influx of DU into Utah. Three voted against it and one proposed an amendment to preserve some protection for the state.

Two representatives made it clear that they were unconcerned with public health risks.  

Five ran in the face of a legal battle with EnergySolutions. Yep Utah – washed their hands and ran.