DAR File No. 39083

Environmental Quality, Radiation Control

Section R313-38-3

Clarifications or Exceptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 39083
Filed: 01/15/2015 01:50:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Incorporate a change identified by the U.S. Nuclear Regulatory Commission (NRC) to maintain compatibility of the Utah radiation control rules with those of the NRC in 10 CFR (Code of Federal Regulations).

Summary of the rule or change:

Subsection R313-38-3(4)(h) requires tests for leakage or contamination to be made pursuant to Section R313-15-1208. Section R313-15-1208 references Section R313-15-1401 which no longer exists. Therefore, Subsection R313-38-3(4)(h) is no longer valid and needs to be removed from the Utah Radiation Control Rules. Subsection R313-38-3(4)(e)(iii) is being added to Section R313-38-3 to substitute "Director" for "references to appropriate NRC Regional Office listed in appendix D of part 20 of this chapter" in 10 CFR 39.35(d)(2). Reports of test results for leaking or contaminated sealed sources will be made to the Director pursuant to the incorporation of 10 CFR 39.35(d)(2). Subsection R313-38-38-3(4)(e) incorrectly states "Director or the Director for references to:" This wording will be corrected to read "Director for references to:".

State statutory or constitutional authorization for this rule:

• 10 CFR 39
• Section 19-3-104
• Section 19-3-108

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect the radiation control program or the Utah Radiation Control Board.

local governments:

There is no anticipated cost or savings for local government agencies. The proposed changes do not add or remove significant requirements that affect local government agencies. There are no local government agencies licensed to perform well logging services that utilize radioactive materials.

small businesses:

Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses because proposed changes do not add or remove significant requirements. Leak testing of sealed sources is currently required by the incorporation of federal requirements or a radioactive materials license condition.

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

Persons other than small businesses, businesses, or local government entities may hold a radioactive material license, but there is no anticipated cost or savings for persons other than small businesses, businesses, or local government entities because proposed changes do not add or remove significant requirements. Leak testing of sealed sources is currently required by the incorporation of federal requirements or a radioactive materials license condition.

Compliance costs for affected persons:

There are no changes in compliance costs for persons affected by Section R313-38-3. The proposed changes do not add or remove significant requirements that affected persons. Leak testing of sealed sources is currently required by the incorporation of federal requirements or a radioactive materials license condition.

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

Businesses with a radioactive material license will not see a fiscal impact due to the proposed changes to Section R313-38-3. The proposed changes do not add or remove significant requirements for affected businesses. Leak testing of sealed sources is currently required by the incorporation of federal requirements or a radioactive materials license condition.

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:

• Spencer Wickham at the above address, by phone at 801-536-0082, 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:

03/03/2015

This rule may become effective on:

03/17/2015

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

R313-38. Licenses and Radiation Safety Requirements for Well Logging.

R313-38-3. Clarifications or Exceptions.

For purposes of Rule R313-38, 10 CFR 39 (2013), is incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following 10 CFR sections: 39.1, 39.5, 39.8, 39.11, 39.101, and 39.103;

(2) The exclusion of the following 10 CFR references within 10 CFR 39: Sec. 40.32, and Sec. 70.23;

(3) The exclusion of "licensed material" in 10 CFR 39.2 definitions;

(4) The substitution of the following wording:

(a) License for reference to NRC license;

(b) Utah Radiation Control Rules for the references to:

(i) The Commission's regulations;

(ii) The NRC regulations;

(iii) NRC regulations; and

(iv) Pertinent Federal regulations;

(c) Director for reference to Commission, except as stated in Subsection R313-38-3(4)(d);

(d) Representatives of the Director for the references to the Commission in:

(i) 10 CFR 39.33(d);

(ii) 10 CFR 39.35(a);

(iii) 10 CFR 39.37;

(iv) 10 CFR 39.39(b); and

(v) 10 CFR 39.67(f);

(e) Director [or the Director ]for references to:

(i) NRC in:

(A) 10 CFR 39.63(l);

(B) 10 CFR 39.77(c)(1)(i) and (ii); and

(C) 10 CFR 39.77(d)(9); and

(ii) Appropriate NRC Regional Office in:

(A) 10 CFR 39.77(a);

(B) 10 CFR 39.77(c)(1); and

(C) 10 CFR 39.77(d);

(iii) Appropriate NRC Regional Office listed in appendix D of part 20 of this chapter in:

(A) 10 CFR 39.35(d)(2)

(f) Director, the U.S. Nuclear Regulatory Commission or an Agreement State for the references to:

(i) Commission or an Agreement State in:

(A) 10 CFR 39.35(b); and

(B) 10 CFR 39.43(d) and (e); and

(ii) Commission pursuant to Sec. 39.13(c) or by an Agreement State in:

(A) 10 CFR 39.43(c); and

(B) 10 CFR 39.51;

(g) In 10 CFR 39.35(d)(1), persons specifically licensed by the Director, the U.S. Nuclear Regulatory Commission, or an Agreement State for the reference to an NRC or Agreement State licensee that is authorized;[ and

(h) In 10 CFR 39.35(d)(2), reports of test results for leaking or contaminated sealed sources shall be made pursuant to Section R313-15-1208, for the reference to the following statement:

(i) The licensee shall submit a report to the appropriate NRC Regional Office listed in appendix D of part 20 of this chapter, within 5 days of receiving the test results. The report must describe the equipment involved in the leak, the test results, any contamination which resulted from the leaking source, and the corrective actions taken up to the time the report is made; and]

[(i)](h) In 10 CFR 39.75(e), a U.S. Nuclear Regulatory Commission or an Agreement State for the reference to the Agreement State;

(5) The substitution of the following Title R313 references for specific 10 CFR references:

(a) Section R313-12-3 for the reference to Sec. 20.1003 of this chapter;

(b) Section R313-12-54 for the reference to 10 CFR 39.17;

(c) Subsection R313-12-55(1) for the reference to 10 CFR 39.91;

(d) Rule R313-15 for references to:

(i) Part 20; and

(ii) Part 20 of this chapter;

(e) Subsection R313-15-901(1) for the reference to Sec. 20.1901(a);

(f) Section R313-15-906 for the reference to Sec. 20.1906 of this chapter;

(g) Sections R313-15-1201 through R313-15-1203 for the references to:

(i) Secs. 20.2201-20.2202; and

(ii) Sec. 20.2203;

(h) Rule R313-18 for the reference to part 19;

(i) Section R313-19-30 for the reference to Sec. 150.20 of this chapter;

(j) Section R313-19-50 for the references to:

(i) Sec. 30.50; and

(ii) Part 21 of this chapter;

(k) Section R313-19-71 for the reference to Sec. 30.71;

(l) Section R313-19-100 for the references to:

(i) 10 CFR Part 71; and

(ii) Sec. 71.5 of this chapter; and

(m) Section R313-22-33 for the reference to 10 CFR 30.33;

(n) Rules R313-15, R313-18, and R313-38 for corresponding references to:

(i) Parts 19, 20, and 39 of this chapter;

(ii) A copy of parts 19, 20, and 39 of NRC regulations.

 

KEY: radioactive materials, well logging, surveys, subsurface tracer studies

Date of Enactment or Last Substantive Amendment: [April 7, 2014]2015

Notice of Continuation: October 7, 2013

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