DAR File No. 39047

Environmental Quality, Radiation Control

Rule R313-34

Requirements for Irradiators

Notice of Proposed Rule

(Amendment)

DAR File No.: 39047
Filed: 12/31/2014 01:51:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the five-year review process for Rule R313-34, it was noted that the rule's references to 10 CFR 36 and 10 CFR 20 were out of date. The reference of the 2010 edition will be updated to reference the 2014 edition. This is the only substantive change to the rule.

Summary of the rule or change:

Section R313-34-3 is being revised by replacing the text "2010" with the text "2014". Subsection R313-34-3(3) is also being revised by replacing the text "2010" with the text "2014".

State statutory or constitutional authorization for this rule:

• 10 CFR 36
• Subsection 19-3-104(4)
• 10 CFR 20
• Subsection 19-3-104(8)

This rule or change incorporates by reference the following material:

• , published by U.S. Government Publishing,

Anticipated cost or savings to:

the state budget:

No increase in costs or savings to the state budget is anticipated from updating the 10 CFR citation contained in Rule R313-34. The proposed changes do not add or remove requirements that would affect the radiation control program or the Utah Radiation Control Board.

local governments:

No increase in costs or savings to the local government budget is anticipated from updating the 10 CFR citation contained in Rule R313-34. The proposed changes do not add or remove requirements that would affect the radiation control program or the Utah Radiation Control Board.

small businesses:

No increase in costs or savings to the budgets of small businesses, businesses, or local government entities is anticipated from updating the 10 CFR citation contained in Rule R313-34. The proposed changes do not add or remove requirements that would affect the radiation control program or the Utah Radiation Control Board.

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

No increase in costs or savings to the budgets of persons other than small businesses, businesses, or local government entities is anticipated from updating the 10 CFR citation contained in Rule R313-34. The proposed changes do not add or remove requirements that would affect the radiation control program or the Utah Radiation Control Board.

Compliance costs for affected persons:

There are no anticipated changes in the compliance costs for persons affected by Rule R313-34. Updating the 10 CFR citation contained in Rule R313-34 is the only substantive change to this rule.

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

Businesses with radioactive material licenses will not see a fiscal impact due to the proposed changes to Rule R313-34. A review of the rule's references to 10 CFR 36 and 10 CFR 20, showed no differences between the 2010 edition and the current 2014 edition. The proposed changes do not add or remove requirements that would affect 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:

• 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:

02/17/2015

This rule may become effective on:

03/17/2015

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

R313-34. Requirements for Irradiators.

R313-34-1. Purpose and Authority.

(1) Rule R313-34 prescribes requirements for the issuance of licenses authorizing the use of sealed sources containing radioactive materials in irradiators used to irradiate objects or materials using gamma radiation.

(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 Rule R313-34 are in addition to, and not in substitution for, the other requirements of these rules.

 

R313-34-2. Scope.

(1) Rule R313-34 shall apply to panoramic irradiators that have either dry or wet storage of the radioactive sealed sources; underwater irradiators in which both the source and the product being irradiated are under water; and irradiators whose dose rates exceed 5 grays (500 rads) per hour at 1 meter from the radioactive sealed sources in air or in water, as applicable for the irradiator type.

(2) The requirements of Rule R313-34 shall not apply to self-contained dry-source-storage irradiators in which both the source and the area subject to irradiation are contained within a device and are not accessible by personnel, medical radiology or teletherapy, the irradiation of materials for nondestructive testing purposes, gauging, or open-field agricultural irradiations.

 

R313-34-3. Clarifications or Exemptions.

For purposes of Rule R313-34, 10 CFR 36, [2010]2014 ed., is incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following 10 CFR sections: 36.1, 36.5, 36.8, 36.11, 36.17, 36.19(a), 36.91, and 36.93;

(2) The substitution of the following:

(a) Radiation Control Act for Atomic Energy Act of 1954;

(b) Utah Radiation Control Rules for the reference to NRC regulations and the Commission's regulations;

(c) The Director or the Executive Secretary's for the Commission or the Commission's, and NRC in the following 10 CFR sections: 36.13, 36.13(f), 36.15, 36.19(b), 36.53(c), 36.69, and 36.81(a), 36.81(d) and 36.81(e); and

(d) In 10 CFR 36.51(a)(1), Rule R313-15 for NRC;

(3) Appendix B of 10 CFR Part 20 refers to the [2010]2014 ed. of 10 CFR; and

(4) The substitution of Title R313 references for the following 10 CFR references:

(a) Section R313-12-51 for reference to 10 CFR 30.51;

(b) Rule R313-15 for the reference to 10 CFR 20;

(c) Subsection R313-15-501(3) for the reference to 10 CFR 20.1501(c);

(d) Section R313-15-902 for the reference to 10 CFR 20.1902;

(e) Rule R313-18 for the reference to 10 CFR 19;

(f) Section R313-19-41 for the reference to 10 CFR 30.41;

(g) Section R313-19-50 for the reference to 10 CFR 30.50;

(h) Section R313-22-33 for the reference to 10 CFR 30.33;

(i) Section R313-22-210 for the reference to 10 CFR 32.210;

(j) Section R313-22-35 for the reference to 10 CFR 30.35; and

(k) Rule R313-70 for the reference to 10 CFR 170.31.

 

KEY: irradiators, survey, radiation, radiation safety

Date of Enactment or Last Substantive Amendment: [April 15, 2010]2015

Notice of Continuation: February 10, 2010

Authorizing, and Implemented or Interpreted Law: 19-3-104(4); 19-3-104(8)