Environmental Quality, Radiation Control

Rule R313-22

Specific Licenses

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35283
Filed: 09/23/2011 08:45:56 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 exposures 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:

Some comments were made by a representative of the U.S. Nuclear Regulatory Commission. They were received since the last five-year review. The representative noted that Utah's rules, in Section R313-22-75, includes requirements essentially equivalent to 10 CFR 32.11(b) and (c) as well as 10 CFR 32.12. However, the rules do not address the change in compatibility designation from Category "C/B" to "NRC." The commenter noted that Utah needs to revise its rules in Section R313-22-75 by: 1) removing those rules that are reserved to NRC; or 2) revising Subsections R313-22-75(1) and (2) to include the distribution of radioactive material in exempt concentrations in the authority reserved to NRC. These two comments were resolved by filing DAR No. 33912. It was also noted by the NRC that Subsection R313-22-75(9)(b)(v) omitted some text found in 10 CFR 32.72(b)(5)(iv) and the text needs to be inserted into the rule to meet the Compatibility Category "B" designation of 10 CFR 32.72(b)(5)(iv). The NRC acknowledged that this comment may be addressed when Rule R313-22 is next required to be modified.

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 for the issuance of "specific licenses" for control 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 prescribes procedures for filing an application, assuring financial surety for decommissioning facilities where radioactive materials are used, and requirements for "specific licenses" of broad scope. The requirements for issuance of "specific licenses" help ensure protection of public health and safety or property. 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