File No. 35418
This rule was published in the December 1, 2011, issue (Vol. 2011, No. 23) of the Utah State Bulletin.
Environmental Quality, Radiation Control
Rule R313-36
Special Requirements for Industrial Radiographic Operations
Notice of Proposed Rule
(Amendment)
DAR File No.: 35418
Filed: 11/10/2011 11:52:06 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
A five-year review of this rule was recently completed and it was noted that substantive changes are needed. One important change involves updating the date of materials incorporated by reference. Other changes add clarity to the rule.
Summary of the rule or change:
The date of 10 CFR 34, which is incorporated by reference in Rule R313-36, is to be changed from 2006 to 2011. There are other changes that clarify the specific sections of 10 CFR 34 being incorporated by reference, clarify what is being excluded from the incorporation, and add clarity to the wording or rule references involving substitutions.
State statutory or constitutional authorization for this rule:
- Section 19-3-104
- Section 19-3-108
This rule or change incorporates by reference the following material:
- Updates 10 CFR 34, published by Government Printing Office, 01/01/2011
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state budget because this amendment does not add to or remove elements from the regulatory program administered by the Executive Secretary.
local governments:
There is no anticipated cost or savings to local government budgets because there are no local government entities with a radioactive material license affected by this rulemaking.
small businesses:
There are approximately ten small businesses with a radioactive material license impacted by this rulemaking. However, there is no anticipated cost or savings for small businesses because this amendment does not add to or remove elements from the regulatory program administered by the Executive Secretary.
persons other than small businesses, businesses, or local governmental entities:
There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because there are no such entities with a radioactive material license affected by this rulemaking.
Compliance costs for affected persons:
There are no anticipated compliance costs or savings for affected persons because this amendment does not add to or remove elements from the regulatory program administered by the Executive Secretary.
Comments by the department head on the fiscal impact the rule may have on businesses:
This amendment does not add to or remove elements from the regulatory program administered by the Executive Secretary, so there are no fiscal impacts on businesses.
Amanda Smith, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental QualityRadiation ControlRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085
Direct questions regarding this rule to:
- Craig Jones at the above address, by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
01/03/2012
This rule may become effective on:
01/12/2012
Authorized by:
Rusty Lundberg, Director
RULE TEXT
R313. Environmental Quality, Radiation Control.
R313-36. Special Requirements for Industrial Radiographic Operations.
R313-36-1. Purpose and Authority.
(1) The rules in R313-36 prescribe requirements for the issuance of licenses and establish radiation safety requirements for persons utilizing sources of radiation for industrial radiography.
(2) The rules set forth herein are adopted pursuant to the provisions of Subsections 19-3-104(4) and 19-3-104(8).
(3) The requirements of R313-36 are in addition to, and not in substitution for, the other requirements of these rules.
R313-36-2. Scope.
(1) The requirements of R313-36 shall apply to licensees using radioactive materials to perform industrial radiography.
(2) The requirements of R313-36 shall not apply to persons using electronic sources of radiation to conduct industrial radiography.
R313-36-3. Clarifications or Exceptions.
For purposes of R313-36, 10 CFR 34.3; 34.13; 34.20(a)(1); 34.20(b) through 34.41(b); 34.42(a)
through 34.42(c); 34.43(a)(1); 34.43(b) through 34.45(a)(8);
34.45(a)(10) through 34.101 ([2006]2011), [is]are incorporated by reference with the following
clarifications or exceptions:
(1) The exclusion of the following :
(a) [10 CFR sections: "34.1", "34.5",
"34.8", "34.11", "34.121", and
"34.123";
(2) The exclusion of "10 CFR
34.45(a)(9)";
(3) The exclusion of the following 10 CFR references
within 10 CFR 34: "21", "Sec. 21.21",
"30.7", "30.9", and
"30.10";
(4) The exclusion of "offshore" in 10 CFR 34.3
definition for "offshore platform radiography"]In 10 CFR 34.3, exclude definitions for "Lay-barge
radiography," "Offshore platform radiography," and
"Underwater radiography";
(b) In 10 CFR 34.27(d), exclude "A copy of the report must be sent to the Administrator of the appropriate Nuclear Regulatory Commission's Regional Office listed in appendix D of 10 CFR part 20 of this chapter "Standards for Protection Against Radiation."; and
(c) In 10 CFR 34.27(e), exclude "Licensees will have until June 27, 1998, to comply with the DU leak-testing requirements of this paragraph."
([5]2) The substitution of the following wording:
(a) "radioactive materials" for references to "byproduct materials";
(b) "Utah Radiation Control Rules" for [the] reference
s to:
(i) "Commission's
regulations"[, except as stated in R313-36-3(5)(f)];
(ii) "Federal regulations";
(iii) "NRC regulations"; and
(iv) "
Commission regulations.";[this chapter" as stated in 10 CFR
34.101(1)(a)];
([b]c) "Executive Secretary" for [the] reference
s to
:[
"Commission", except as stated in 10 CFR 34.20
and R313-36-3(5)(c)(iv);]
(i) "Commission";
(ii) "appropriate NRC regional office listed in Section 30.6(a)(2)";
(iii) "Director, Office of Federal and State Materials and Environmental Management Programs" except as used in 10 CFR 34.43(a)(1); and
(iv) "NRC's Office of Federal and State Materials and Environmental Management Programs";
([c]d) "Executive Secretary,
the U.S. Nuclear Regulatory Commission, or an Agreement
State" for references to:
(i) "NRC or an Agreement State"; and
(ii) ["Commission or by an Agreement
State";
(iii)] "Commission or an Agreement
State";[
and
(iv) "Commission" in 10 CFR
34.43(a)(2);]
([d]e)
"Executive Secretary, the U.S. Nuclear Regulatory
Commission, or by an Agreement State" for references to
"Commission or by an Agreement State";
(f) "License(s)" for references to "NRC
license(s)";["License" for reference to "NRC
license(s)";]
([e]g)
"NRC or Agreement State License" for references to
"Agreement State license"; and
(h) "the Utah Radiation Control Rules" for references
to "this chapter, such as Section 21.21."[In 10 CFR 34.27(d), "reports of test results for
leaking or contaminated sealed sources shall be made pursuant to
R313-15-1208.", for reference to the following
statements:
(i) "A report must be filed with the Director of
Nuclear Material Safety and Safeguards, by an appropriate method
listed in Sec. 30.6(a) of this chapter, the report to be filed
within 5 days of any test with results that exceed the threshold
in this paragraph (d), and to describe the equipment involved,
the test results, and the corrective action taken.";
and
(ii) "A copy of the report must be sent to the
Administrator of the appropriate Nuclear Regulatory
Commission's Regional Office listed in appendix D of 10 CFR
part 20 of this chapter "Standards for Protection Against
Radiation.";
(f) In 10 CFR 34.27(d), "R313-15-401(6)" for
the reference to "Commission regulations";
(g) In 10 CFR 34.43(a)(1), "10 CFR 30.6" for
the reference to "Sec. 30.6(a) of this
chapter";
(h) In 10 CFR 34.89, "a U.S. Nuclear Regulatory
Commission or an Agreement State" for the reference to
"the Agreement State";
(i) In 10 CFR 34.101(a), "Executive Secretary"
for the following wording:
"NRC's Office of Nuclear Material Safety and
Safeguards, Division of Industrial and Medical Nuclear Safety, by
an appropriate method listed in Sec. 30.6(a) of this
chapter,";
(j) In 10 CFR 34.101(c), "Executive Secretary"
for the reference to "appropriate NRC regional office listed
in 10 CFR 30.6(a)(2) of this chapter";
(k) In Item 12, Section I of Appendix A to 10 CFR 34,
"Executive Secretary, the U.S. Nuclear Regulatory Commission
and other independent certifying organizations and/or Agreements
States" for the reference to "Commission and other
independent certifying organizations and/or Agreement
States";
(l) In Item 1, Section II of Appendix A to 10 CFR 34,
"equivalent U.S. Nuclear Regulatory Commission or Agreement
State regulations" for the reference to "equivalent
Agreement State regulations"; and
(m) In Item 2(c), Section II of Appendix A to 10 CFR 34,
"a Utah, U.S. Nuclear Regulatory Commission, or an Agreement
State licensee" for the reference to "an Agreement State
or a NRC licensee"; and]
([6]3) The substitution of the following
rule [R313 references for specific 10 CFR
]references:
(a) ["R313-12-55(1)" for reference to "10 CFR
34.111"]In 10 CFR 34.51, "R313-12" for references to "10
CFR part 20 of this chapter";
(b) "R313-15" for [the] references to "10 CFR
part 20"
and "10 CFR part 20 of this chapter" except as found
in 10 CFR 34.51;
(c) "R313-15-601(1)(a)" for [the] references to "[10 CFR]Section 20.1601(a)(1)
of this chapter";
(d) "R313-15-902(1) and (2)" for
[the] references to "10 CFR 20.1902(a) and (b)
of this chapter";
(e) "R313-15-903" for [the] references to "[10 CFR]Section 20.1903
of this chapter";
(f) "R313-15-1203" for [the] references to "10 CFR 20.2203"
and "Section 20.2203 of this chapter";
(g) ["R313-18" for the reference to "10 CFR
19"]"R313-12-110" for references to "Section 30.6(a)
of this chapter" except as used in 10 CFR 34.43(a)(1);
(h) "R313-19-30" for [the] references to "[10 CFR]Section 150.20
of this chapter";
(i) "R313-19-50" for [the] references to "[Sec.]Section 30.50";
(j) "R313-19-100" for [the] references to "10 CFR
part 71", ["10 CFR 71.5",] and "49 CFR
parts 171 [to]- 173";
(k) "R313-22-33" for [the] references to "[10 CFR]Section 30.33
of this chapter";[and]
(l) "R313-36" for [the] references to ["10 CFR 34."]"NRC regulations contained in this part";
(m) "R313-19-100(5)" for references to "Section 71.5 of this chapter"
(n) "R313-19-5" for references to "Sections 30.7, 30.9, and 30.10 of this chapter."
KEY: industry, radioactive material, licensing, surveys
Date of Enactment or Last Substantive Amendment: [March 16, 2007]2012
Notice of Continuation: September 23, 2011
Authorizing, and Implemented or Interpreted Law: 19-3-104; 19-3-108
Additional Information
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For questions regarding the content or application of this rule, please contact Craig Jones at the above address, by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at [email protected].