No. 30434: R313-24. Uranium Mills and Source Material Mill Tailings and Disposal Facility Requirements

DAR File No.: 30434
Filed: 09/07/2007, 03:28
Received by: NL

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:

The Radiation Control Act, Sections 19-3-104 and 19-3-108, provides the Radiation Control Board and Executive Secretary the authority to make rules regarding the possession, use, transfer, or delivery of source and byproduct material and the disposal of byproduct material as necessary to protect the public and environment by controlling exposure to sources of radiation that constitute a significant health hazard; and to meet the requirements of federal law relating to radiation control to ensure the radiation control program under this part is qualified to maintain primacy from the federal government.

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

Request for Agency action was filed with the Division of Radiation Control (DRC) on 07/13/2006 by the Glen Canyon Group of the Utah Chapter of the Sierra Club. Comment made in the request was concerning the definition of "alternate feed material" processed at a uranium mill facility. The definition does not appear in Rule R313-24, therefore, does not pertain to this five-year review. No other comments regarding this rule or other rulemaking actions were done since the effective date of 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. There are three such facilities in Utah. Under an agreement with the U.S. Nuclear Regulatory Commission, DRC is the regulators.

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

Environmental Quality
Radiation Control
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

John Hultquist at the above address, by phone at 801-536-4623, by FAX at 801-536-4250, or by Internet E-mail at [e-mail]

Authorized by:

Dane Finerfrock, Director