DAR File No. 39082

Environmental Quality, Radiation Control

Section R313-15-1208

Reports of Leaking or Contaminated Sealed Sources

Notice of Proposed Rule

(Amendment)

DAR File No.: 39082
Filed: 01/15/2015 01:47:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Incorporate a change identified by the U.S. Nuclear Regulatory Commission (NRC) in order to maintain compatibility of the Utah radiation control rules with those of the NRC in 10 CFR (Code of Federal Regulations).

Summary of the rule or change:

Section R313-15-1208 references Section R313-15-1401 which no longer exists. Therefore, Section R313-15-1208 is no longer valid and needs to be removed from the Utah Radiation Control Rules. Leak testing of sealed sources will be required by a federal rule or a radioactive materials license condition. Reports of leaking sources will be reported to the director pursuant to a federal rule or a radioactive materials license condition.

State statutory or constitutional authorization for this rule:

• 10 CFR
• Section 19-3-104
• Section 19-3-108

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The proposed changes do not add or remove significant requirements that affect the radiation control program or the Utah Radiation Control Board.

local governments:

There is no anticipated cost or savings for local government agencies that possess sealed sources of radioactive material that require leak testing because proposed changes do not add or remove significant requirements.

small businesses:

Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. Leak testing of sealed sources is currently required by the incorporation of federal requirements or a radioactive materials license condition.

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

Persons other than small businesses, businesses, or local government entities may hold a radioactive material license, but there is no anticipated cost or savings for persons other than small businesses, businesses, or local government entities because proposed changes do not add or remove significant requirements. Leak testing of sealed sources is currently required by the incorporation of federal requirements or a radioactive materials license condition.

Compliance costs for affected persons:

There are no changes in compliance costs for persons affected by Section R313-15-1208. The proposed changes do not add or remove significant requirements that affected persons. Leak testing of sealed sources is currently required by the incorporation of federal requirements or a radioactive materials license condition.

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 R313-15-1208. The proposed changes do not add or remove significant requirements that affect businesses. Leak testing of sealed sources is currently required by the incorporation of federal requirements or a radioactive materials license condition.

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:

• Spencer Wickham at the above address, by phone at 801-536-0082, by FAX at 801-533-4097, or by Internet E-mail at swickham@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:

03/03/2015

This rule may become effective on:

03/17/2015

Authorized by:

Rusty Lundberg, Director

R313. Environmental Quality, Radiation Control.

R313-15. Standards for Protection Against Radiation.

[R313-15-1208. Reports of Leaking or Contaminated Sealed Sources.

If the test for leakage or contamination required pursuant to Section R313-15-1401 indicates a sealed source is leaking or contaminated, a report of the test shall be filed within five days with the Director describing the equipment involved, the test results and the corrective action taken.

 

]KEY: radioactive materials, contamination, waste disposal, safety

Date of Enactment or Last Substantive Amendment: [March 19, 2011]2015

Notice of Continuation: December 3, 2012

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