Environmental Quality, Radiation Control

Section R313-34-3

Clarifications or Exemptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 33368
Filed: 02/10/2010 07:45:32 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the process to complete a five-year review of this rule, it was noted that the rule referred to the 2001 edition of the Code of Federal Regulations. The incorporated material was updated to the 2010 edition. The federal requirements did not have any changes since the 2001 edition was incorporated by reference.

Summary of the rule or change:

References to the 2001 edition of 10 CFR 36 and Appendix B of 10 CFR 20 were updated to the 2010 edition.

State statutory or constitutional authorization for this rule:

• 10 CFR 36
• Subsection 19-3-104(4)
• Appendix B of 10 CFR 20

This rule or change incorporates by reference the following material:

• Updates: 10 CFR 36, 01/01/2010
• Updates: App. B of 10 CFR 20, 01/01/2010

Anticipated cost or savings to:

the state budget:

The Division of Radiation Control will have a small cost to acquire a copy of the applicable Code of Federal Regulations. This cost is estimated to be less than $75.

local governments:

There are no local governmental agencies licensed to receive, possess, or use radioactive materials in an irradiator.

small businesses:

One regulated entity will need to acquire a copy of the applicable Code of Federal Regulations. This cost is estimated to be less than $75.

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

The Utah Radiation Control Board is not aware of any direct impact on other entities.

Compliance costs for affected persons:

Since the rule changes will not add or remove any regulatory requirements, there are no additional compliance costs.

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

There is one Utah business currently affected by this rule. The fiscal impact is minimal and is associated with the need to obtain a copy of the applicable Code of Federal Regulations.

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 Control
168 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 cwjones@utah.gov

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:

03/31/2010

This rule may become effective on:

04/15/2010

Authorized by:

Dane Finerfrock, Director

R313. Environmental Quality, Radiation Control.

R313-34. Requirements for Irradiators.

R313-34-3. Clarifications or Exemptions.

For purposes of Rule R313-34, 10 CFR 36, 20[0]10 ed., is incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following 10 CFR sections: 36.1, 36.5, 36.8, 36.11, 36.17, 36.19(a), 36.91, and 36.93;

(2) The substitution of the following:

(a) Radiation Control Act for Atomic Energy Act of 1954;

(b) Utah Radiation Control Rules for the reference to NRC regulations and the Commission's regulations;

(c) The Executive Secretary or the Executive Secretary's for the Commission or the Commission's, and NRC in the following 10 CFR sections: 36.13, 36.13(f), 36.15, 36.19(b), 36.53(c), 36.69, and 36.81(a), 36.81(d) and 36.81(e); and

(d) In 10 CFR 36.51(a)(1), Rule R313-15 for NRC;

(3) Appendix B of 10 CFR Part 20 refers to the 20[0]10 ed. of 10 CFR; and

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

(a) Section R313-12-51 for reference to 10 CFR 30.51;

(b) Rule R313-15 for the reference to 10 CFR 20;

(c) Subsection R313-15-501(3) for the reference to 10 CFR 20.1501(c);

(d) Section R313-15-902 for the reference to 10 CFR 20.1902;

(e) Rule R313-18 for the reference to 10 CFR 19;

(f) Section R313-19-41 for the reference to 10 CFR 30.41;

(g) Section R313-19-50 for the reference to 10 CFR 30.50;

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

(i) Section R313-22-210 for the reference to 10 CFR 32.210;

(j) Section R313-22-35 for the reference to 10 CFR 30.35; and

(k) Rule R313-70 for the reference to 10 CFR 170.31.

 

KEY: irradiator, survey, radiation, radiation safety

Date of Enactment or Last Substantive Amendment: [September 14, 2001] 2010

Notice of Continuation: March 8, 2005

Authorizing, and Implemented or Interpreted Law: 19-3-104 (4); 19-3-104(8)