DAR File No. 40259
This notice was published in the April 1, 2016, issue (Vol. 2016, No. 7) of the Utah State Bulletin.
Environmental Quality, Waste Management and Radiation Control, Radiation
Rule R313-26
Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 40259
Filed: 03/10/2016 02:41:01 PM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Section 19-3-104 provides the Radiation Control Board authority to make rules to protect the public and environment from sources of radiation. Section 19-3-106.4 requires a generator or waste collector (Broker) of low-level radioactive waste to obtain a site access permit prior to transferring or shipping waste to a commercial radioactive waste treatment or disposal facility located in Utah. The purpose of this rule is to establish criteria and terms and conditions upon which the director issues permits to generators accessing a land disposal facility located within the state.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
The rule has had two proposed changes that have been published for public comment. One received no comments. The other received one comment which is summarized as follows: some of the proposed changes may overreach the intent of H.B. 124 (2013 General Session) and place the state in a position for potential litigation. The rule change was withdrawn.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
It is necessary to continue this rule because it establishes the requirements and conditions for issuing a site access permit to generators or brokers. Once a permit is issued, it allows them to ship waste to a commercial radioactive waste facility in Utah. The rule also provides regulation for compliance inspections of shipments.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental QualityWaste Management and Radiation Control, RadiationRoom 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
Effective:
03/10/2016
Authorized by:
Brad Johnson, Deputy Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160401.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact 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. For questions about the rulemaking process, please contact the Division of Administrative Rules.