DAR File No. 39992

Environmental Quality, Radiation Control

Rule R313-24

Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements

Notice of Proposed Rule

(Amendment)

DAR File No.: 39992
Filed: 12/15/2015 09:41:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment 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

This rule or change incorporates by reference the following material:

• Adds 10 CFR 40.46, published by Government Printing Office, 01/01/2015
• Adds 10 CFR 40.36, published by Government Printing Office, 01/01/2015

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 affected by the proposed 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, R313-19, and R313-22 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 R313-19 is under DAR No. 39990, and the proposed amendment to Rule R313-22 is under DAR No. 39991 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.

R313-24. Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements.

R313-24-1. Purpose and Authority.

(1) The purpose of this rule is to prescribe requirements for possession and use of source material in milling operations such as conventional milling, in-situ leaching, or heap-leaching. The rule includes requirements for the possession of byproduct material, as defined in Section R313-12-3 (see "byproduct material" definition (b)), from source material milling operations, as well as, possession and maintenance of a facility in standby mode. In addition, requirements are prescribed for the receipt of byproduct material from other persons for possession and disposal. The rule also prescribes requirements for receipt of byproduct material from other persons for possession and disposal incidental to the byproduct material generated by the licensee's source material milling operations.

(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 R313-24 are in addition to, and not substitution for, the other applicable requirements of Title R313. In particular, the provisions of Rules R313-12, R313-15, R313-18, R313-19, R313-21, R313-22, and R313-70 apply to applicants and licensees subject to Rule R313-24.

(4) See R313-17-4 for special procedures for decisions associated with licenses for activity which results in the production or disposal of byproduct material.

 

R313-24-2. Scope.

(1) The requirements in Rule R313-24 apply to source material milling operations, byproduct material, and byproduct material disposal facilities.

 

R313-24-3. Environmental Analysis.

(1) Each new license application, renewal, or major amendment shall contain an environmental report describing the proposed action, a statement of its purposes, and the environment affected. The environmental report shall present a discussion of the following:

(a) An assessment of the radiological and nonradiological impacts to the public health from the activities to be conducted pursuant to the license or amendment;

(b) An assessment of any impact on waterways and groundwater resulting from the activities conducted pursuant to the license or amendment;

(c) Consideration of alternatives, including alternative sites and engineering methods, to the activities to be conducted pursuant to the license or amendment; and

(d) Consideration of the long-term impacts including decommissioning, decontamination, and reclamation impacts, associated with activities to be conducted pursuant to the license or amendment.

(2) Commencement of construction prior to issuance of the license or amendment shall be grounds for denial of the license or amendment.

(3) The Director shall provide a written analysis of the environmental report which shall be available for public notice and comment pursuant to R313-17-2.

 

R313-24-4. Clarifications or Exceptions.

For the purposes of Rule R313-24, 10 CFR 40.2a through 40.4; 40.12; 40.20(a); 40.21; 40.26(a) through (c); 40.31(h); the introductory paragraph of 40.36 and 40.36(a),(b),(d) and (f); 40.41(c); the introduction to 40.42(k) and 40.42(k)(3)(i); 40.46; 40.61(a) and (b); 40.65; and Appendix A to Part 40 (2015) are incorporated by reference with the following clarifications or exceptions:

(1) The exclusion and substitution of the following:

(a) Exclude 10 CFR 40.26(c)(1) and replace with "(1) The provisions of Sections R313-12-51, R313-12-52, R313-12-53, R313-19-34, R313-19-50, R313-19-61, R313-24-1, Rules R313-14, R313-15, R313-18, and R313-24 (incorporating 10 CFR 40.2a, 40.3, 40.4, and 40.26 by reference)";

(b) In Appendix A to 10 CFR 40, exclude Criterion 5B(1) through 5H, Criterion 7A, Criterion 13, and replace the excluded Criterion with "Utah Administrative Code, R317-6, Ground Water Quality Protection"; and

(c) In Appendix A to 10 CFR 40, exclude Criterion 11A through 11F and Criterion 12;

(2) The substitution of the following:

(a) "10 CFR 40" for reference to "this part" as found throughout the incorporated text;

(b) "Director" for reference to "Commission" in the first and fourth references contained in 10 CFR 40.2a, in 10 CFR 40.3, 40.20(a), 40.26, 40.36(f), 40.41(c), 40.46 (a), 40.61, and 40.65; and "Director" for reference to "NRC" in 10 CFR 40.36(b);

(c) "Rules R313-19, R313-21, or R313-22" for "Section 62 of the Act" as found in 10 CFR 40.12(a);

(d) "Rule R313-15-402" for reference to "10 CFR 20.1402" and "Rule R313-15-403" for reference to "10 CFR 20.1403" in 10 CFR 40.36(d);

(e) "Rule R313-15-1109" for reference to "10 CFR 20.2108" in 10 CFR 40.36(f);

[(d)](f) "Rules R313-21 or R313-22" for reference to "the regulations in this part" in 10 CFR 40.41(c);

[(e)](g) "Section R313-19-100" for reference to "part 71 of this chapter" as found in 10 CFR 40.41(c);

[(f)](h) In 10 CFR 40.42(k)(3)(i), "R313-15-401 through R313-15-406" for reference to "10 CFR part 20, subpart E";

[(g)](i) "source material milling" for reference to "uranium milling, in production of uranium hexafluoride, or in a uranium enrichment facility" as found in 10 CFR 40.65(a);

[(h)](j) "Director" for reference to "appropriate NRC Regional Office shown in Appendix D to 10 CFR part 20 of this chapter, with copies to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555," as stated in 10 CFR 65(a)(1);

[(i)](k) "require the licensee to" for reference to "require to" in 10 CFR 40.65(a)(1); and

[(j)](l) In Appendix A to 10 CFR part 40, the following substitutions:

(i) "R313-12-3" for reference to "Sec. 20.1003 of this chapter" as found in 10 CFR 40.36(f) and in the first paragraph of the introduction to Appendix A;

(ii) "Utah Administrative Code, Rule R317-6, Ground Water Quality Protection" for ground water standards in "Environmental Protection Agency in 40 CFR part 192, subparts D and E" as found in the Introduction, paragraph 4; or "Environmental Protection Agency in 40 CFR part 192, subparts D and E (48 FR 45926; October 7, 1983)" as found in Criterion 5;

(iii) "Director as defined in Subsection 19-5-102(6)" for reference to "Commission" in the definition of "compliance period," in paragraph five of the introduction and in Criterion 5A(3);

(iv) "Director" for reference to "Commission" in the definition of "closure plan", in paragraph five of the introduction, and in Criterions 6(2), 6(4), 6(6), 6A(2), 6A(3), 9, and 10 of Appendix A;

(v) "license issued by the Director" for reference to "Commission license" in the definition of "licensed site," in the introduction to Appendix A;

(vi) "Director" for reference to "NRC" in Criterion 4D;

(vii) "representatives of the Director" for reference to "NRC staff" in Criterion 6(6);

(viii) "Director-approved" for reference to "Commission-approved" in Criterion 6A(1) and Criterion 9;

(ix) "Director" for reference to "appropriate NRC regional office as indicated in Criterion 8A" as found, Criterion 8, paragraph 2 or for reference to "appropriate NRC regional office as indicated in Appendix D to 10 CFR part 20 of this chapter, or the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555," as stated in Criterion 8A; and

(x) "Director" for reference to "the Commission or the State regulatory agency" in Criterion 9, paragraph 2.

 

KEY: environmental analysis, uranium mills, tailings, byproduct material

Date of Enactment or Last Substantive Amendment: [June 16, 2015]2016

Notice of Continuation: May 24, 2012

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