DAR File No. 38908

Environmental Quality, Radiation Control

Rule R313-37

Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material

Notice of Proposed Rule

(New Rule)

DAR File No.: 38908
Filed: 10/14/2014 02:40:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose is to incorporate by reference the requirements in 10 CFR 37 for the protection of category 1 and category 2 quantities of radioactive materials. This rule codifies requirements previously imposed on holders of a Utah Radioactive Material License to possess such quantities of radioactive material through an order issued by the U.S. Nuclear Regulatory Commission or by license condition.

Summary of the rule or change:

The rule will replace the requirements for the physical protection of significant quantities of radioactive materials possessed by Utah radioactive material licensees that were previously imposed under an NRC order or through special conditions in the licensee's license. In promulgating 10 CFR 37, the U.S. Nuclear Regulatory Commission modified some of the requirements for the physical protection and security of these quantities of radioactive material, and imposed additional requirements on the NRC's licensees. As an agreement state, the Utah Radiation Control Board must adopt compatible regulations to those of the NRC in order to maintain a regulatory program that is adequate for the health and safety of the public from sources of radiation. Agreement states are given three years from the publication date of the final rule in the Federal Register to adopt compatible regulations. In order to assist the agreement states in their adoption of these requirements, the NRC has established compatibility categories for its rules, and has determined the compatibility category for each of the requirements to be adopted. The Division of Radiation Control has reviewed the compatibility categories for the requirements in 10 CFR 37, and has included all requirements necessary to have compatible regulations and maintain an adequate regulatory program.

State statutory or constitutional authorization for this rule:

• Subsection 19-3-104(4)
• 10 CFR 37
• Subsection 19-3-104(8)

This rule or change incorporates by reference the following material:

• Adds 10 CFR 37, published by Government Printing Office, 01/01/2014

Anticipated cost or savings to:

the state budget:

While it is anticipated that the amount of time spent by Division staff in inspecting affected licensees' compliance with the new rules will be increased, no fees are associated with the inspection of radioactive material licensees, and the inspection activities of Division staff would be a normal part of staff work activities. As such, no costs or savings are anticipated to impact the state budget.

local governments:

While the increased security measures imposed by NRC orders or through license conditions required licensed to coordinate with local law enforcement agencies in their response to actual or attempted unauthorized access to significant quantities of radioactive material, changes to this requirement due to the new rule will likely require the affected licensees to have more frequent contact and coordination with local law enforcement agencies. This may result in additional time spent by local law enforcement officers in coordinating their response with affected licensees. While these additional coordination activities may result in additional costs to local government, they are variable and the Division is not able to provide a reasonable estimate of the cost.

small businesses:

There are a number of changes to the requirements previously imposed under an NRC order or by license condition in the new rule that will likely have a fiscal impact on all affected licensees, including small businesses that possess significant quantities of radioactive material. While the potential financial impact on affected small businesses is unknown, the NRC estimated that, on average, a licensee would have a one time cost of approximately $23,375 and an annual cost of approximately $21,736 to fully implement the final rule. It is the Division's opinion that these cost estimates are overly conservative, and the actual additional costs to affected licensees is likely to be much less. This is because the current affected licensees already have in place increased security measures, and the additional requirements in the new rule will only require affected licensees to implement enhancements and improvements to their existing security measures. A more reasonable estimate for the maximum one time and annual costs to affected licensees might be $10,000 and $5,000, respectively, per licensee. At this time, there are approximately 17 radioactive material licensees that would be subject to the new rule. The maximum total costs to all licensees is estimated to be: $170,000 (one time costs) and $85,000 (annual costs).

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

It is not anticipated that there would be any costs to any person other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

As discussed earlier, the maximum anticipated cost to an affected licensee might be $10,000 (one time cost) and $5,000 annually.

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

The proposed change to the rule is necessary for the Utah Radiation Control Rules to be compatible with NRC requirements, and to ensure that the Division's program activities are adequate to protect the public health and safety. The Division feels that the additional costs incurred by any affected business due to the proposed rule changes are reasonable and necessary to adequately secure significant quantities of radioactive material against theft, diversion, or sabotage. Such security measures are needed to secure valued assets of the affected businesses, and to protect the public health and safety.

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:

• Philip Griffin at the above address, by phone at 801-536-4261, by FAX at 801-533-4097, or by Internet E-mail at pgriffin@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:

12/01/2014

This rule may become effective on:

12/16/2014

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

R313-37. Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.

R313-37-1. Purpose and Authority.

(1) The rules in R313-37 prescribe requirements for the physical protection program for a licensee that possesses an aggregated category 1 or category 2 quantity of radioactive material.

(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 R313-37 are in addition to, and not in substitution for, the other requirements of these rules.

 

R313-37-2. Scope.

These requirements provide reasonable assurance of the security of category 1 and category 2 quantities of radioactive material by protecting these materials from theft or diversion. Specific requirements for access to material, and use, transfer, and transportation of material are included.

 

R313-37-3. Clarifications or Exceptions.

For purposes of R313-37, 10 CFR 37.5, 37.11(c), 37.21 through 37.43(d)(8), 37.45 through 37.103, and Appendix A to 10 CFR 37 (2014), are incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following:

(a) In 10 CFR 37.5, exclude definitions for "Act", "Agreement State", "Becquerel", "Byproduct Material", "Commission", "Curie", "Government Agency", "License", "License issuing authority", "Lost or missing licensed material", "Person", "State", and "United States";

(b) In 10 CFR 37.77, exclude the wording "Notifications to the NRC must be to the NRC's Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The notification to the NRC may be made by email to RAMQC_SHIPMENTS@nrc.gov or by fax to 301-816-5151."; and

(c) In 10 CFR 37.81(g), exclude the wording "In addition, the licensee shall provide one copy of the written report addressed to the Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.".

(2) The substitution of the following wording:

(a) "Utah Radiation Control Rule" for references to:

(i) "Commission regulation" in 10 CFR 37.101; and

(ii) "regulation" in 10 CFR 37.103;

(b) "Utah Radiation Control Rules" for reference to:

(i) "regulations and laws" in 10 CFR 37.31(d);

(ii) "Commission requirements" in 10 CFR 37.43(a)(3) and 37.43(c)(1)(i); and

(iii) "regulations in this part" in 10 CFR 37.103;

(c) "Director" for references to:

(i) "appropriate NRC regional office listed in Section 30.6(a)(2)" in 10 CFR 37.45(b);

(ii) "Commission" in 10 CFR 37.103;

(iii) "NRC" in 10 CFR 37.31(d), 37.43(c)(3)(iii), 37.57(a) and (c), 37.77, and 37.77(a)(1) (first instance) and (3);

(iv) "NRC's Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 29555-0001" in 10 CFR 37.77(c)(2) and 37.77(d);

(v) "NRC's Director of Nuclear Security, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 29555-0001" in 10 CFR 37.77(c)(1);

(vi) "NRC's Operations Center" in 10 CFR 37.81(a) and (b);

(vii) "NRC's Operations Center (301-816-5100)" in 10 CFR 37.57(a) and (b) and 37.81(a) through (f);

(viii) "NRC regional office listed in section 30.6(a)(2) of this chapter" in 10 CFR 37.41.(a)(3); and

(ix) "NRC regional office specified in section 30.6 of this chapter" in 10 CFR 37.41(a)(3);

(d) "Director, the U.S. Nuclear Regulatory Commission, or an Agreement State" for references to "Commission or an Agreement State" in 10 CFR 37.71 and 37.71(a) and (b);

(e) "U.S. Nuclear Regulatory Commission's Security Orders or the legally binding requirement issued by Agreement States" for references to "Security Orders" in 10 CFR 37.21(a)(3), 37.25(b)(2), and 37.41(a)(3);

(f) "mail, hand delivery, or electronic submission" for references to "an appropriate method listed in section 37.7" in 10 CFR 37.57(c) and 37.81(g); and

(g) "shall, by mail, hand delivery, or electronic submission," for reference to "shall use an appropriate method listed in section 37.7 to" in 10 CFR 37.27(c).

(3) The substitution of the following rule references:

(a) "R313-19-41(4)" for reference to "section 30.41(d) of this chapter.";

(b) "R313-19-100 (incorporating 10 CFR 37.97 by reference)" for reference to "section 71.97 of this chapter" in 10 CFR 37.73(b);

(c) "R313-19-100 (incorporating 10 CFR 37.97(b) by reference)" for reference to "section 71.97(b) of this chapter" in 10 CFR 37.73(b); and

(d) "10 CFR 73" for references to "part 73 of this chapter" in 10 CFR 37.21(c)(4), 37.25(b)2), and 37.27(a)(4).

 

KEY: radioactive material, security, fingerprinting, transportation

Date of Enactment or Last Substantive Amendment: 2014

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