DAR File No. 39990

Environmental Quality, Radiation Control

Section R313-19-34

Terms and Conditions of Licenses

Notice of Proposed Rule

(Amendment)

DAR File No.: 39990
Filed: 12/15/2015 09:37:35 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Incorporate changes to the federal decommissioning planning regulations promulgated by the Nuclear Regulatory Commission (NRC) on 06/17/2011 (76 FR 35512). As an agreement, the State of Utah is required to have rules that are compatible with corresponding NRC regulations. The rule changes are required to maintain compatibility.

Summary of the rule or change:

The changes add requirements for license transfer including technical and financial qualifications.

State statutory or constitutional authorization for this rule:

• Section 19-3-104
• Section 19-6-107

Anticipated cost or savings to:

the state budget:

The rule changes will not require any state resources above those already required to review licenses.

local governments:

No local governments will be affected by the rule change. No local government operates or regulates a facility covered by the rule change.

small businesses:

The rule change will not affect small businesses as they do not handle radioactive material of the type covered by the rule. The NRC, in its rulemaking that necessitated the change in Utah rule, noted that small businesses were not affected.

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

The rule change will not affect persons other than businesses.

Compliance costs for affected persons:

Changes in this rule, along with changes in Rules R313-15, R313-22, and R313-24, are considered as one. The financial analysis done by the NRC for the federal rule that the Utah changes are based on stated that the cost to an affected person would be $20,000 over a 15-year period, or $1,333 per year. (DAR NOTE: The proposed amendment to Rule R313-15 is under DAR No. 39989, the proposed amendment to Rule R313-22 is under DAR No. 39991, and the proposed amendment to Rule R313-24 is under DAR No. 39992 in this issue, January 1, 2016, of the Bulletin.)

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

Changes to Rules R313-15, R313-19, R313-22, and R313-24 are considered as one. The financial analysis done by the NRC for the federal rule that the Utah changes are based on stated that the cost to an affected person would be $20,000 over a 15-year period or $1,333 per year. The number of businesses affected in Utah is unknown but is estimated to be less than 10 for a total cost per year of $13,333.

Alan Matheson, 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:

• Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@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:

02/01/2016

This rule may become effective on:

02/12/2016

Authorized by:

Alan Matheson, Executive Director

R313. Environmental Quality, Radiation Control.

R313-19. Requirements of General Applicability to Licensing of Radioactive Material.

R313-19-34. Terms and Conditions of Licenses.

(1) Licenses issued pursuant to Rule R313-19 shall be subject to provisions of the Act, now or hereafter in effect, and to all rules, and orders of the Director.

(2) (a) Licenses issued or granted under Rules R313-21 and R313-22 and rights to possess or utilize radioactive material granted by a license issued pursuant to Rules R313-21 and R313-22 shall not be transferred, assigned, or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of a license to a person unless the Director shall, after securing full information find that the transfer is in accordance with the provisions of the Act now or hereafter in effect, and to all rules, and orders of the Director, and shall give his consent in writing.

(b) An application for transfer of license shall include:

(i) The identity, technical and financial qualifications of the proposed transferee; and

(ii) Financial assurance for decommissioning information required by R313-22-35.

(3) Persons licensed by the Director pursuant to Rules R313-21 and R313-22 shall confine use and possession of the material licensed to the locations and purposes authorized in the license.

(4) Licensees shall notify the Director in writing and request termination of the license when the licensee decides to terminate activities involving materials authorized under the license.

(5) Licensees shall notify the Director in writing immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11, Bankruptcy, of the United States Code by or against:

(a) the licensee;

(b) an entity, as that term is defined in 11 USC 101(15), controlling the licensee or listing the license or licensee as property of the estate; or

(c) an affiliate, as that term is defined in 11 USC 101(2), of the licensee.

(6) The notification specified in Subsection R313-19-34(5) shall indicate:

(a) the bankruptcy court in which the petition for bankruptcy was filed; and

(b) the date of the filing of the petition.

(7) Licensees required to submit emergency plans pursuant to Subsection R313-22-32(8) shall follow the emergency plan approved by the Director. The licensee may change the approved plan without the Director's approval only if the changes do not decrease the effectiveness of the plan. The licensee shall furnish the change to the Director and to affected off-site response organizations within six months after the change is made. Proposed changes that decrease, or potentially decrease, the effectiveness of the approved emergency plan may not be implemented without prior application to and prior approval by the Director.

(8) Each licensee preparing technetium-99m radiopharmaceuticals from molybdenum-99/technetium-99m generators or rubidium-82 from strontium-82/rubidium-82 generators shall test the generator eluates for molybdenum-99 breakthrough or strontium-82 and strontium-85 contamination, respectively, in accordance with Rule R313-32 (incorporating 10 CFR 35.204 by reference). The licensee shall record the results of each test and retain each record for three years after the record is made.

(9) Each portable gauge licensee shall use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, whenever portable gauges are not under the control and constant surveillance of the licensee.

(10)(a) Authorization under Subsection R313-22-32(9) to produce Positron Emission Tomography (PET) radioactive drugs for noncommercial transfer to medical use licensees in its consortium does not relieve the licensee from complying with applicable FDA, other Federal, and State requirements governing radioactive drugs.

(b) A licensee authorized under Subsection R313-22-32(9) to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium shall:

(i) Satisfy the labeling requirements in Subsection R313-22-75(9)(a)(iv) for each PET radioactive drug transport radiation shield and each syringe, vial, or other container used to hold a PET radioactive drug intended for noncommercial distribution to members of its consortium.

(ii) Possess and use instrumentation to measure the radioactivity of the PET radioactive drugs intended for noncommercial distribution to members of its consortium and meet the procedural, radioactivity measurement, instrument test, instrument check, and instrument adjustment requirements in Subsection R313-22-75(9)(c).

(c) A licensee that is a pharmacy authorized under Subsection R313-22-32(9) to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium shall require that any individual that prepares PET radioactive drugs shall be:

(i) an authorized nuclear pharmacist that meets the requirements in Subsection R313-22-75(9)(b)(ii); or

(ii) an individual under the supervision of an authorized nuclear pharmacist as specified in Rule R313-32 (incorporating 10 CFR 35.27 by reference).

(d) A pharmacy authorized under Subsection R313-22-32(9) to produce PET radioactive drugs for noncommercial transfer to medical use licensees in its consortium that allows an individual to work as an authorized nuclear pharmacist, shall meet the requirements of Subsection R313-22-75(9)(b)(v).

 

KEY: licenses, reciprocity, transportation, exemptions

Date of Enactment or Last Substantive Amendment: [August 26, 2015]2016

Notice of Continuation: September 23, 2011

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