DAR File No. 42798

Environmental Quality, Waste Management and Radiation Control, Radiation

Section R313-37-3

Clarifications or Exceptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 42798
Filed: 04/13/2018 11:53:25 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed change to Section R313-37-3 is made in order to meet Utah's agreement with the U.S. Nuclear Regulatory Commission (NRC), as an Agreement State, to maintain regulatory compatibility with the corresponding federal radioactive materials regulations. This proposed change to Section R313-37-3 updates the date of the incorporation of selected sections of 10 CFR Part 37 in order to adopt federal regulatory changes made by the U.S. NRC to the requirements related to the physical protection of certain (Category 1 and Category 2) radioactive material. This proposed change incorporates corresponding revisions made by the U.S. NRC in a direct final rule published in the Federal Register on 09/30/2014 (79 FR 58664) under the title of Distribution of Safeguards Information - Modified Handling Categorization; Change for Materials Facilities and a final rule published on 08/03/2015 (79 FR 45841) under the title of Miscellaneous Corrections.

Summary of the rule or change:

On 09/30/2014, the NRC amended the federal radioactive materials regulations in 10 CFR Part 37 to address security-related information requirements for large irradiators and manufacturers, distributors, and transporters of Category 1 and Category 2 quantities of radioactive materials. Additionally, on 08/03/2015 the NRC made various technical corrections to the federal radioactive materials regulations, including a correction to a reference in 10 CFR Part 37 (specifically paragraph 37.23(b)(2)). However, based on the compatibility designations, the majority of NRC's revisions published in the noted Federal Registers are not required for an Agreement State, such as Utah, to adopt into the state radioactive materials rules. This proposed rule change incorporates those revisions associated with maintaining regulatory compatibility with the federal radioactive materials regulations. Because Rule R313-37 incorporates by reference 10 CFR Part 37, updating the date of the incorporation by reference from 2014 to 2017 results in incorporating the changes published by the NRC on 09/30/2014 and 08/03/2015. Consequently, only the change to the date of the incorporation by reference in Section R313-37-3 is necessary in order to maintain regulatory compatibility with NRC rules as an Agreement State with the NRC.

Statutory or constitutional authorization for this rule:

• Section 19-3-104
• Section 19-6-104

This rule or change incorporates by reference the following material:

• Updates 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, published by U.S. Printing Office, 01/01/2017

Anticipated cost or savings to:

the state budget:

An entity of state government that may have a radioactive material license and be subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information � Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.)

local governments:

No local governments have a radioactive materials license subject to the security and protection requirements of Rule R313-37.

small businesses:

A small business that may have a radioactive material license and be subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information � Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.)

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

A person who may have a radioactive material license and be subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information � Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.)

Compliance costs for affected persons:

A radioactive material licensee who is subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information � Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.)

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

A radioactive material licensee who is subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the NRC. (Regulatory Analysis for Direct Final Rule: Safeguards Information � Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.)

Alan Matheson, Executive Director

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 Second Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-4880

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 [email protected]
• Thomas Ball at the above address, by phone at 801-536-0251, by FAX at , or by Internet E-mail at [email protected]

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:

06/01/2018

This rule may become effective on:

07/13/2018

Authorized by:

Scott Anderson, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2018	FY 2019	FY 2020
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

A radioactive material licensee who is subject to the security-related information requirements under Rule R313-37 (which incorporates by reference selected sections of 10 CFR Part 37) may realize an approximate annual savings of $302, as determined by the U.S. Nuclear Regulatory Commission (NRC). (Regulatory Analysis for Direct Final Rule: Safeguards Information - Modified Handling Categorization Change for Materials Facilities, December 2012. Note: As a technical correction, a regulatory analysis was not necessary for the federal regulatory changes to 10 CFR Part 37 that were published by the NRC on 08/03/2015.) There are 17 licensees in the state of Utah who could be affected by this regulatory change resulting in an annual benefit to those licensees of $5,134. For security reasons the categories (state government, local governments, small businesses, etc.) of these licensees cannot be provided in this analysis.

 

The Executive Director of the Department of Environmental Quality, Alan Matheson, has reviewed and approved this fiscal analysis.

 

 

R313. Environmental Quality, Waste Management and Radiation Control, Radiation.

R313-37. Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material.

R313-37-3. Clarifications or Exceptions.

For purposes of R313-37, 10 CFR 37.5, 37.11(c), 37.21 through 37.43(d)(8), 37.45 through 37.103, and Appendix A to 10 CFR 37 ([2014]2017), are incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following:

(a) In 10 CFR 37.5, exclude definitions for "Act", "Agreement State", "Becquerel", "Byproduct Material", "Commission", "Curie", "Government Agency", "License", "License issuing authority", "Lost or missing licensed material", "Person", "State", and "United States";

(b) In 10 CFR 37.77(a)(1), exclude the wording "Notifications to the NRC must be to the NRC's Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The notification to the NRC may be made by email to [email protected] or by fax to 301-816-5151."; and

(c) In 10 CFR 37.81(g), exclude the wording "In addition, the licensee shall provide one copy of the written report addressed to the Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.".

(2) The substitution of the following wording:

(a) "Utah Radiation Control Rule" for references to:

(i) "Commission regulation" in 10 CFR 37.101; and

(ii) "regulation" in 10 CFR 37.103;

(b) "Utah Radiation Control Rules" for reference to:

(i) "regulations and laws" in 10 CFR 37.31(d);

(ii) "Commission requirements" in 10 CFR 37.43(a)(3) and 37.43(c)(1)(ii); and

(iii) "regulations in this part" in 10 CFR 37.103;

(c) "Director" for references to:

(i) "appropriate NRC regional office listed in Section 30.6(a)(2) of this Chapter" in 10 CFR 37.45(b);

(ii) "Commission" in 10 CFR 37.103;

(iii) "NRC" in 10 CFR 37.31(d), 37.43(c)(3)(iii), 37.57(a) (second instance of NRC) and (c), 37.77, and 37.77(a)(1) (first instance) and (3), and 37.81(g);

(iv) "NRC's Director, Division of Security Policy, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 29555-0001" in 10 CFR 37.77(c)(2) and 37.77(d);

(v) "NRC's Director of Nuclear Security, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 29555-0001" in 10 CFR 37.77(c)(1) (second instance);

(vi) "NRC's Operations Center" in 10 CFR 37.81(a) and (b);

(vii) "NRC's Operations Center (301-816-5100)" in 10 CFR 37.57(a) and (b) and 37.81(a) through (f);

(viii) "NRC regional office listed in section 30.6(a)(2) of this chapter" in 10 CFR 37.41.(a)(3); and

(ix) "NRC regional office specified in section 30.6 of this chapter" in 10 CFR 37.41(a)(3);

(d) "Director, the U.S. Nuclear Regulatory Commission, or an Agreement State" for references to "Commission or an Agreement State" in 10 CFR 37.71 and 37.71(a) and (b);

(e) "U.S. Nuclear Regulatory Commission's Security Orders or the legally binding requirement issued by Agreement States" for references to "Security Orders" in 10 CFR 37.21(a)(3), 37.25(b)(2), and 37.41(a)(3);

(f) "mail, hand delivery, or electronic submission" for references to "an appropriate method listed in section 37.7" in 10 CFR 37.57(c) and 37.81(g); and

(g) "shall, by mail, hand delivery, or electronic submission," for reference to "shall use an appropriate method listed in section 37.7 to" in 10 CFR 37.27(c).

(3) The substitution of the following rule references:

(a) "R313-19-41(4)" for reference to "section 30.41(d) of this chapter." In 10 CFR 37.71;

(b) "R313-19-100 (incorporating 10 CFR 71.97 by reference)" for reference to "section 71.97 of this chapter" in 10 CFR 37.73(b);

(c) "R313-19-100 (incorporating 10 CFR 71.97(b) by reference)" for reference to "section 71.97(b) of this chapter" in 10 CFR 37.73(b); and

(d) "10 CFR 73" for references to "part 73 of this chapter" in 10 CFR 37.21(c)(4), 37.25(b)2), and 37.27(a)(4).

 

KEY: radioactive materials , security, fingerprinting, transportation

Date of Enactment or Last Substantive Amendment: [June 29, 2015]2018

Notice of Continuation: January 17, 2017

Authorizing, and Implemented or Interpreted Law: 19-3-104; [19-6-107]19-6-104