Environmental Quality, Radiation Control

Rule R313-19

Requirements of General Applicability to Licensing of Radioactive Material

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35282
Filed: 09/23/2011 08:45:25 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 within the Department of Environmental Quality. In accordance with Section 19-3-104, the Board is authorized to make rules 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:

One comment was made by a representative of the U.S. Nuclear Regulatory Commission. It was received since the last five-year review and the representative noted that Utah needs to add a paragraph to Subsection R313-19-13(2)(a) that is essentially identical to 10 CFR 30.14(c) in order to meet the Compatibility Category "B" designation assigned to 10 CFR 30.14(c). The comment was resolved by filing DAR No. 33919. This is not a controversial rule and it is necessary that it is continued.

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

It is necessary to continue this rule because it prescribes requirements governing the licensing of radioactive material. This rule also needs to be continued to ensure that the state's rules are adequate to protect public health and safety, and meet compatibility requirements of the U. S. Nuclear Regulatory Commission's program. The rule identifies certain concentrations or quantities of radioactive material which are exempt from licensing. The rule also establishes the conditions for safe transportation of radioactive material, provides for reciprocal recognition of out-of-state licenses, and identifies terms and conditions of licenses. No opposing comments have been received.

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:

09/23/2011