DAR File No. 41179

Environmental Quality, Waste Management and Radiation Control, Radiation

Rule R313-24

Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41179
Filed: 01/17/2017 09:52:07 AM

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, the Radiation Control Act, and Section 19-6-107, the Solid and Hazardous Waste Act, provide the Waste Management and Radiation Control Board and the director of the Division of Waste Management and Radiation Control authority to make and enforce rules regarding the possession, use, transfer, or delivery of source and byproduct material (uranium mill tailings) and the disposal of byproduct material as necessary to protect the public and environment. The rule meets the requirements of federal law relating to radiation control programs to ensure the state of Utah is qualified to maintain primacy from the U.S. Nuclear Regulatory Commission.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

During the period from the previous five-year review, three modifications to the rule were made. Comments received for each modification were related to the modification only and no comments were received either expressing support or opposition to the rule.

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 for the regulation of uranium milling facilities and disposal of uranium mill tailings in the state of Utah. In addition, under an agreement with the U.S. Nuclear Regulatory Commission, the Division is the regulator and the rule is required for the state of Utah to maintain primacy from the U.S. Nuclear Regulatory Commission. There are four facilities in Utah that are regulated under this rule. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Waste Management and Radiation Control, RadiationRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Rusty Lundberg at the above address, by phone at 801-536-4257, by FAX at 801-536-0222, or by Internet E-mail at rlundberg@utah.gov

Effective:

01/17/2017

Authorized by:

Scott Anderson, Director