DAR File No. 38769

Environmental Quality, Radiation Control

Section R313-24-1

Purpose and Authority

Notice of Proposed Rule

(Amendment)

DAR File No.: 38769
Filed: 08/14/2014 02:58:41 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed rulemaking is to reference the requirement described in Rule R313-17 that meets the requirement under 42 USC Section 2021(o)(3)(A)(ii) regarding certain licensing actions related to uranium mills and byproduct disposal facilities.

Summary of the rule or change:

The federal Atomic Energy Act (42 USC Section 2021(o)(3)(A)(ii)) requires Agreements States to include an opportunity for cross-examination as part of certain licensing actions related to 11e.(2) byproduct material. The proposed rulemaking references Rule R313-17 which contains procedural provisions required for uranium mill and byproduct disposal licensing actions.

State statutory or constitutional authorization for this rule:

• Section 19-3-104
• Section 19-3-108
• 42 USC 20121(o)(3)(A)(ii)

Anticipated cost or savings to:

the state budget:

The Division of Radiation Control (DRC) anticipates some costs for implementing the procedures as described in Rule R313-17. However, these costs will be billed to the licensee through fees associated with their radioactive material license. In addition, exactly how many licensing actions will take place during a state fiscal year is unknown; therefore additional costs to the Division cannot be determined at this time. However, it is anticipated that administrative costs not otherwise paid by the licensee will increase in implementing these procedures.

local governments:

No local governments have a byproduct disposal facility or uranium mill license, so therefore local governments are not affected by this rule.

small businesses:

DRC does not anticipate small business to be affected by this amendment, because no small businesses are licensees or operate a byproduct disposal facility or uranium mill.

persons other than small businesses, businesses, or local governmental entities:

Individuals, tribes, and not-for-profit public or private organizations will be affected by increased costs to prepare for, participate in and be present at these hearings. In order to properly record and transcribe the public hearings, such hearings will be held in Salt Lake City. The procedures provide an opportunity for the public to ask questions regarding the licensing action at the hearing. However, it is indeterminate how often or if the person or entity will want to attend and ask questions, therefore DRC cannot estimate how a person or entity will be affected. If they do attend, then travel costs may impact these stakeholders.

Compliance costs for affected persons:

Compliance costs for the affected person will increase because the licensee must prepare for and attend these hearings. The hearings will be held in Salt Lake City, and if the licensee's corporate offices are located in other states, travel costs associated with the hearings will affect them.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule ensures that the state provides an opportunity for a hearing for interested persons, as required by federal law, and references the procedures that will be used for the hearing. The proposed administrative procedures are to meet NRC Agreement State requirements in accordance with federal law found in 42 USC Section 2021(o)(3)(A)(ii). Fiscal impacts will be limited to two or three licensed facilities in Utah. How often a hearing is requested cannot be determined at this time. However, meeting administrative and travel costs will impact the licensee; by how much, depends on how many staff are in attendance and how often licensing actions are requested.

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 Quality
Radiation ControlRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• John Hultquist at the above address, by phone at 801-536-4263, by FAX at 801-536-4250, or by Internet E-mail at [email protected]
• Rusty Lundberg at the above address, by phone at 801-536-4257, 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:

10/01/2014

This rule may become effective on:

10/21/2014

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

R313-24. Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements.

R313-24-1. Purpose and Authority.

(1) The purpose of this rule is to prescribe requirements for possession and use of source material in milling operations such as conventional milling, in-situ leaching, or heap-leaching. The rule includes requirements for the possession of byproduct material, as defined in Section R313-12-3 (see "byproduct material" definition (b)), from source material milling operations, as well as, possession and maintenance of a facility in standby mode. In addition, requirements are prescribed for the receipt of byproduct material from other persons for possession and disposal. The rule also prescribes requirements for receipt of byproduct material from other persons for possession and disposal incidental to the byproduct material generated by the licensee's source material milling operations.

(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 Rule R313-24 are in addition to, and not substitution for, the other applicable requirements of Title R313. In particular, the provisions of Rules R313-12, R313-15, R313-18, R313-19, R313-21, R313-22, and R313-70 apply to applicants and licensees subject to Rule R313-24.

(4) See R313-17-4 for special procedures for decisions associated with licenses for activity which results in the production of byproduct material.

 

KEY: environmental analysis, uranium mills, tailings, monitoring

Date of Enactment or Last Substantive Amendment: [March 19, 2013]2014

Notice of Continuation: May 24, 2012

Authorizing, and Implemented or Interpreted Law: 19-3-104; 19-3-108