Environmental Quality, Radiation Control

Rule R313-24

Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36277
Filed: 05/24/2012 07:59:03 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:

The Radiation Control Act, Title 19, Chapter 3, Sections 104 and 108, provides the Department of Environmental Quality's Radiation Control Board and the Executive Secretary authority to make rules regarding the possession, use, transfer, or delivery of source and byproduct material (uranium mill tailings) and the disposal of byproduct material as necessary to protect the public and environment. The rule meets the requirements of federal law relating to radiation control programs to ensure the State of Utah is qualified to maintain primacy from the U.S Nuclear Regulatory Commission.

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

During a public comment period (10/14/2011 through 12/14/2011) regarding the renewal of a radioactive material license, affected by Rule R313-24, two commentors provided comments regarding certain aspects of the rule and how the requirements were applied by the Division of Radiation Control. The comments were not specific to supporting or opposing the rule, but rather how the licensee was meeting the requirements.

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 establishes the requirements for the regulation of uranium milling facilities and disposal of uranium mill tailings in the state of Utah. In addition, under an agreement with the U.S. Nuclear Regulatory Commission, the Division is the regulator and the rule is required for the State of Utah to maintain primacy from the U.S. Nuclear Regulatory Commission. There are four facilities in Utah that are regulated under this rule.

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:

• John Hultquist at the above address, by phone at 801-536-4623, by FAX at 801-536-4250, or by Internet E-mail at jhultquist@utah.gov

Authorized by:

Rusty Lundberg, Director

Effective:

05/24/2012