Environmental Quality, Radiation Control

Rule R313-36

Special Requirements for Industrial Radiographic Operations

Notice of Proposed Rule

(Amendment)

DAR File No.: 35418
Filed: 11/10/2011 11:52:06 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

A five-year review of this rule was recently completed and it was noted that substantive changes are needed. One important change involves updating the date of materials incorporated by reference. Other changes add clarity to the rule.

Summary of the rule or change:

The date of 10 CFR 34, which is incorporated by reference in Rule R313-36, is to be changed from 2006 to 2011. There are other changes that clarify the specific sections of 10 CFR 34 being incorporated by reference, clarify what is being excluded from the incorporation, and add clarity to the wording or rule references involving substitutions.

State statutory or constitutional authorization for this rule:

• Section 19-3-104
• Section 19-3-108

This rule or change incorporates by reference the following material:

• Updates 10 CFR 34, published by Government Printing Office, 01/01/2011

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget because this amendment does not add to or remove elements from the regulatory program administered by the Executive Secretary.

local governments:

There is no anticipated cost or savings to local government budgets because there are no local government entities with a radioactive material license affected by this rulemaking.

small businesses:

There are approximately ten small businesses with a radioactive material license impacted by this rulemaking. However, there is no anticipated cost or savings for small businesses because this amendment does not add to or remove elements from the regulatory program administered by the Executive Secretary.

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

There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities because there are no such entities with a radioactive material license affected by this rulemaking.

Compliance costs for affected persons:

There are no anticipated compliance costs or savings for affected persons because this amendment does not add to or remove elements from the regulatory program administered by the Executive Secretary.

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

This amendment does not add to or remove elements from the regulatory program administered by the Executive Secretary, so there are no fiscal impacts on businesses.

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:

• 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:

01/03/2012

This rule may become effective on:

01/12/2012

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

R313-36. Special Requirements for Industrial Radiographic Operations.

R313-36-1. Purpose and Authority.

(1) The rules in R313-36 prescribe requirements for the issuance of licenses and establish radiation safety requirements for persons utilizing sources of radiation for industrial radiography.

(2) The rules set forth herein are adopted pursuant to the provisions of Subsections 19-3-104(4) and 19-3-104(8).

(3) The requirements of R313-36 are in addition to, and not in substitution for, the other requirements of these rules.

 

R313-36-2. Scope.

(1) The requirements of R313-36 shall apply to licensees using radioactive materials to perform industrial radiography.

(2) The requirements of R313-36 shall not apply to persons using electronic sources of radiation to conduct industrial radiography.

 

R313-36-3. Clarifications or Exceptions.

For purposes of R313-36, 10 CFR 34.3; 34.13; 34.20(a)(1); 34.20(b) through 34.41(b); 34.42(a) through 34.42(c); 34.43(a)(1); 34.43(b) through 34.45(a)(8); 34.45(a)(10) through 34.101 ([2006]2011), [is]are incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following :

(a) [10 CFR sections: "34.1", "34.5", "34.8", "34.11", "34.121", and "34.123";

(2) The exclusion of "10 CFR 34.45(a)(9)";

(3) The exclusion of the following 10 CFR references within 10 CFR 34: "21", "Sec. 21.21", "30.7", "30.9", and "30.10";

(4) The exclusion of "offshore" in 10 CFR 34.3 definition for "offshore platform radiography"]In 10 CFR 34.3, exclude definitions for "Lay-barge radiography," "Offshore platform radiography," and "Underwater radiography";

(b) In 10 CFR 34.27(d), exclude "A copy of the report must be sent to the Administrator of the appropriate Nuclear Regulatory Commission's Regional Office listed in appendix D of 10 CFR part 20 of this chapter "Standards for Protection Against Radiation."; and

(c) In 10 CFR 34.27(e), exclude "Licensees will have until June 27, 1998, to comply with the DU leak-testing requirements of this paragraph."

([5]2) The substitution of the following wording:

(a) "radioactive materials" for references to "byproduct materials";

(b) "Utah Radiation Control Rules" for [the] reference s to:

(i) "Commission's regulations"[, except as stated in R313-36-3(5)(f)];

(ii) "Federal regulations";

(iii) "NRC regulations"; and

(iv) " Commission regulations.";[this chapter" as stated in 10 CFR 34.101(1)(a)];

([b]c) "Executive Secretary" for [the] reference s to :[ "Commission", except as stated in 10 CFR 34.20 and R313-36-3(5)(c)(iv);]

(i) "Commission";

(ii) "appropriate NRC regional office listed in Section 30.6(a)(2)";

(iii) "Director, Office of Federal and State Materials and Environmental Management Programs" except as used in 10 CFR 34.43(a)(1); and

(iv) "NRC's Office of Federal and State Materials and Environmental Management Programs";

([c]d) "Executive Secretary, the U.S. Nuclear Regulatory Commission, or an Agreement State" for references to:

(i) "NRC or an Agreement State"; and

(ii) ["Commission or by an Agreement State";

(iii)] "Commission or an Agreement State";[ and

(iv) "Commission" in 10 CFR 34.43(a)(2);]

([d]e) "Executive Secretary, the U.S. Nuclear Regulatory Commission, or by an Agreement State" for references to "Commission or by an Agreement State";

(f) "License(s)" for references to "NRC license(s)";["License" for reference to "NRC license(s)";]

([e]g) "NRC or Agreement State License" for references to "Agreement State license"; and

(h) "the Utah Radiation Control Rules" for references to "this chapter, such as Section 21.21."[In 10 CFR 34.27(d), "reports of test results for leaking or contaminated sealed sources shall be made pursuant to R313-15-1208.", for reference to the following statements:

(i) "A report must be filed with the Director of Nuclear Material Safety and Safeguards, by an appropriate method listed in Sec. 30.6(a) of this chapter, the report to be filed within 5 days of any test with results that exceed the threshold in this paragraph (d), and to describe the equipment involved, the test results, and the corrective action taken."; and

(ii) "A copy of the report must be sent to the Administrator of the appropriate Nuclear Regulatory Commission's Regional Office listed in appendix D of 10 CFR part 20 of this chapter "Standards for Protection Against Radiation.";

(f) In 10 CFR 34.27(d), "R313-15-401(6)" for the reference to "Commission regulations";

(g) In 10 CFR 34.43(a)(1), "10 CFR 30.6" for the reference to "Sec. 30.6(a) of this chapter";

(h) In 10 CFR 34.89, "a U.S. Nuclear Regulatory Commission or an Agreement State" for the reference to "the Agreement State";

(i) In 10 CFR 34.101(a), "Executive Secretary" for the following wording:

"NRC's Office of Nuclear Material Safety and Safeguards, Division of Industrial and Medical Nuclear Safety, by an appropriate method listed in Sec. 30.6(a) of this chapter,";

(j) In 10 CFR 34.101(c), "Executive Secretary" for the reference to "appropriate NRC regional office listed in 10 CFR 30.6(a)(2) of this chapter";

(k) In Item 12, Section I of Appendix A to 10 CFR 34, "Executive Secretary, the U.S. Nuclear Regulatory Commission and other independent certifying organizations and/or Agreements States" for the reference to "Commission and other independent certifying organizations and/or Agreement States";

(l) In Item 1, Section II of Appendix A to 10 CFR 34, "equivalent U.S. Nuclear Regulatory Commission or Agreement State regulations" for the reference to "equivalent Agreement State regulations"; and

(m) In Item 2(c), Section II of Appendix A to 10 CFR 34, "a Utah, U.S. Nuclear Regulatory Commission, or an Agreement State licensee" for the reference to "an Agreement State or a NRC licensee"; and]

([6]3) The substitution of the following rule [R313 references for specific 10 CFR ]references:

(a) ["R313-12-55(1)" for reference to "10 CFR 34.111"]In 10 CFR 34.51, "R313-12" for references to "10 CFR part 20 of this chapter";

(b) "R313-15" for [the] references to "10 CFR part 20" and "10 CFR part 20 of this chapter" except as found in 10 CFR 34.51;

(c) "R313-15-601(1)(a)" for [the] references to "[10 CFR]Section 20.1601(a)(1) of this chapter";

(d) "R313-15-902(1) and (2)" for [the] references to "10 CFR 20.1902(a) and (b) of this chapter";

(e) "R313-15-903" for [the] references to "[10 CFR]Section 20.1903 of this chapter";

(f) "R313-15-1203" for [the] references to "10 CFR 20.2203" and "Section 20.2203 of this chapter";

(g) ["R313-18" for the reference to "10 CFR 19"]"R313-12-110" for references to "Section 30.6(a) of this chapter" except as used in 10 CFR 34.43(a)(1);

(h) "R313-19-30" for [the] references to "[10 CFR]Section 150.20 of this chapter";

(i) "R313-19-50" for [the] references to "[Sec.]Section 30.50";

(j) "R313-19-100" for [the] references to "10 CFR part 71", ["10 CFR 71.5",] and "49 CFR parts 171 [to]- 173";

(k) "R313-22-33" for [the] references to "[10 CFR]Section 30.33 of this chapter";[and]

(l) "R313-36" for [the] references to ["10 CFR 34."]"NRC regulations contained in this part";

(m) "R313-19-100(5)" for references to "Section 71.5 of this chapter"

(n) "R313-19-5" for references to "Sections 30.7, 30.9, and 30.10 of this chapter."

 

KEY: industry, radioactive material, licensing, surveys

Date of Enactment or Last Substantive Amendment: [March 16, 2007]2012

Notice of Continuation: September 23, 2011

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