DAR File No. 38755

Environmental Quality, Radiation Control

Section R313-25-2

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 38755
Filed: 08/13/2014 02:55:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Nuclear Regulatory Commission (NRC) has revised the definitions of "Commencement of Construction" and "Construction" in Title 10 of the Code of Federal Regulations (10 CFR). All Agreement States are required to maintain rules compatible with NRC regulations. The NRC notified the Utah Division of Radiation Control (DRC) that the revised regulations need to be adopted by Agreement States, no later than 11/14/2014. The Utah Radiation Control Board proposes to revise the existing rules by adopting these definitions.

Summary of the rule or change:

The rule will be amended by deleting an obsolete definition for "Commencement of Construction" from Section R313-25-2. The revised definition will be in Section R313-12-3.

State statutory or constitutional authorization for this rule:

• Section 19-3-104

Anticipated cost or savings to:

the state budget:

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new burden or reporting requirements on a licensee, the NRC or an Agreement State. See 76 FR 56961.

local governments:

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new burden or reporting requirements on the licensee including a local government that may have a radioactive material license. See 76 FR 56961.

small businesses:

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new burden or reporting requirements on a licensee that may also be a "small business". See 76 FR 56961.

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

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new burden or reporting requirements on a licensee. See 76 FR 56961.

Compliance costs for affected persons:

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new compliance burdens on licensees. See 76 FR 56961.

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

Businesses with a radioactive material license will not see a fiscal impact due to the proposed changes to Section R313-25-2. The proposed changes do not add or remove significant requirements that affect the Radiation Control Program, licensees, or the Utah Radiation Control Board.

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:

• Mike Givens at the above address, by phone at 801-536-0278, by FAX at 801-533-4097, or by Internet E-mail at mgivens@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:

10/01/2014

This rule may become effective on:

10/21/2014

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

R313-25. License Requirements for Land Disposal of Radioactive Waste - General Provisions.

R313-25-2. Definitions.

As used in Rule R313-25, the following definitions apply:

"Active maintenance" means significant activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives in Sections R313-25-20 and R313-25-21 are met. Active maintenance may include the pumping and treatment of water from a disposal unit, the replacement of a disposal unit cover, or other episodic or continuous measures. Active maintenance does not include custodial activities like repair of fencing, repair or replacement of monitoring equipment, revegetation, minor additions to soil cover, minor repair of disposal unit covers, and general disposal site upkeep.

"Approval application" means an application by a radioactive waste facility regulated under Title 19, Chapter 3 or Title 19, Chapter 5, for a permit, permit modification, license, license amendment, or other authorization.

"Buffer zone" means a portion of the disposal site that is controlled by the licensee and that lies under the disposal units and between the disposal units and the boundary of the site.

["Commencement of construction" means clearing of land, excavation, or other substantial action that could adversely affect the environment of a land disposal facility. The term does not mean disposal site exploration, necessary roads for disposal site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the disposal site or the protection of environmental values.

]"Custodial agency" means an agency of the government designated to act on behalf of the government owner of the disposal site.

"Day" for purposes of this Rule means calendar days.

"Disposal" means the isolation of wastes from the biosphere by placing them in a land disposal facility.

"Disposal site" means that portion of a land disposal facility which is used for disposal of waste. It consists of disposal units and a buffer zone.

"Disposal unit" means a discrete portion of the disposal site into which waste is placed for disposal. For near-surface disposal, the disposal unit may be a trench.

"Engineered barrier" means a man-made structure or device intended to improve the land disposal facility's performance under Rule R313-25.

"Groundwater permit" means a groundwater quality discharge permit issued under the authority of Title 19, Chapter 5 and Rule R317-6.

"Hydrogeologic unit" means a soil or rock unit or zone that has a distinct influence on the storage or movement of ground water.

"Inadvertent intruder" means a person who may enter the disposal site after closure and engage in activities unrelated to post closure management, such as agriculture, dwelling construction, or other pursuits which could, by disturbing the site, expose individuals to radiation.

"Intruder barrier" means a sufficient depth of cover over the waste that inhibits contact with waste and helps to ensure that radiation exposures to an inadvertent intruder will meet the performance objectives set forth in Rule R313-25, or engineered structures that provide equivalent protection to the inadvertent intruder.

"Land disposal facility" means the land, buildings and structures, and equipment which are intended to be used for the disposal of radioactive waste.

"Monitoring" means observing and making measurements to provide data to evaluate the performance and characteristics of the disposal site.

"Near-surface disposal facility" means a land disposal facility in which waste is disposed of within approximately the upper 30 meters of the earth's surface.

"Site closure and stabilization" means those actions that are taken upon completion of operations that prepare the disposal site for custodial care, and that assure that the disposal site will remain stable and will not need ongoing active maintenance.

"Stability" means structural stability.

"Surveillance" means monitoring and observation of the disposal site to detect needs for maintenance or custodial care, to observe evidence of intrusion, and to ascertain compliance with other license and regulatory requirements.

"Tolling period," for purposes of this Rule, means a period during which days are not counted toward the deadlines specified in Subsections R313-25-6(3)(c), (4)(c)(i), (5)(b)(i), and (6)(b)(i).

"Treatment" means the stabilization or the reduction in volume of waste by a chemical or a physical process.

"Waste" means those low-level radioactive wastes containing radioactive material that are acceptable for disposal in a land disposal facility. For the purposes of this definition, low-level radioactive waste means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in (b), (c), and (d) of the definition for byproduct material found in Section R313-12-3.

 

KEY: radiation, radioactive waste disposal, depleted uranium

Date of Enactment or Last Substantive Amendment: [April 3, ]2014

Notice of Continuation: September 23, 2011

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