Bishop said it is virtually a certainty the legislation will pass. But it was never his intent to shove it down the throats of state regulators. The new deal ensures the state will have the final say over whether to accept the waste.

"We want to make sure this (waste) goes to regulators who understand the business," Bishop said. "The Department of Environmental Quality is the appropriate body. They understand the nuances and make sure that decisions are based on public safety."

Bishop outlined three components of the deal:

• He has asked the NRC to reopen and extend the public comment period regarding amending Envirocare's license and on the Ohio waste as it applies to Utah.

• He has asked the NRC not to place barriers to Utah's primacy over regulating such waste in the future.

• He has asked and received assurances that Envirocare will not bid on the waste until after the state wins primacy and completes its task force study.

Envirocare agreed to the deal Monday "in light of the misinformation that has been spread by a few activist groups through the media," according to the company statement.

The Fernald, Ohio, waste, which is 10 times hotter in radioactivity than the waste now being stored at Envirocare, is certain to be the focus of considerable discussion by the Hazardous Waste Regulation and Tax Policy Task Force, which meets next week.

Utah lawmakers have placed a moratorium on accepting hotter wastes, called Class B and C wastes, until after the task force completes its two-year study. Envirocare wants to accept the hotter wastes, and state regulators have already given their approval to the company's license application.

But under Utah law, Envirocare must also get the approval of state lawmakers and the governor's office. Envirocare agreed to put its application on hold at the request of former Gov. Mike Leavitt in large part out of public confusion over low-level radioactive wastes and the unrelated high-level nuclear wastes targeted for Goshute tribal lands.

If the Legislature chooses to act on the license in 2005, Bishop said that is the appropriate place to make those decisions, not Congress.

"It empowers the state," he said, "to control its own destiny when it comes to radioactive waste."

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E-mail: donna@desnews.com