Environmental Quality, Radiation Control

Rule R313-12

General Provisions

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35008
Filed: 07/07/2011 11:35:38 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 19-1-106 establishes the Radiation Control Board. The Board is authorized to make rules under Section 19-3-104 that are necessary for controlling exposure to sources of radiation that constitute a significant health hazard.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Two substantive changes were made to the rule since the last five-year rule review. The most recent change was effective 10/13/2010 and involved the expanded definition of byproduct material. The U.S. Nuclear Regulatory Commission submitted written comments stating that their reviewers had no comments. The other substantive change was effective 04/11/2008 and it involved the submission of electronic copies of documents. There were 14 commentors and 9 supported the rule and the improved public access they hoped it would provide. The comments received led to a change in proposed rule. Changes were made so that the rule did not apply to public comments received during a formal public comment period; to correspondence received from individuals or organizations that were not currently regulated by the agency, unless that correspondence was about proposing an activity or facility that would be subject to agency regulation; and to documents used to make payments to the agency. The rule was changed so that electronic copies of security-sensitive information did not need to be submitted and so that documents smaller than 25 megabytes could be submitted by email. There were no other written comments received during the comment period associated with the notice of change in proposed rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is needed because it lays the foundation for establishing radiation safety and protection principles to ensure the radiological safety of the worker, the public and the environment. There have been no opposing comments received regarding this rule. This rule has not been controversial and should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

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

Authorized by:

Rusty Lundberg, Director

Effective:

07/07/2011