No. 35284 (5-year Review): Rule R313-25. License Requirements for Land Disposal of Radioactive Waste

DAR File No.: 35284
Filed: 09/23/2011 08:46:18 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 19-1-106 establishes the Radiation Control Board within the Department of Environmental Quality. In accordance with Section 19-3-104, the Board is authorized to make rules that are necessary for controlling exposures to sources of radiation that constitute a significant health hazard.

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

On 12/14/2009, the Division of Radiation Control (hereafter, Agency) submitted a proposed rule change to Section R313-25-8 (DAR No. 33267). During the 30-day public comment period (01/01/2010 to 02/02/2010), the Agency received 38 comments regarding the proposed rule. Eighteen comments were in support of the rule. Thirteen comments opposed the disposal of depleted uranium in Utah from a policy perspective, but said little about the proposed rule. Five opposed the rule, indicating that the rule was more restrictive than federal requirements or the Agency should wait for the U. S. Nuclear Regulatory Commission (NRC) to revise federal regulations (10 CFR Part 61) regarding the land disposal of depleted uranium. Two comments were made regarding the risk from uranium and they suggested that a performance assessment (PA) review panel or committee be established to review the site specific PA as described in the proposed rule. A comment from the NRC about the compatibility of Section R313-25-8 with federal requirements caused a Notice of Change in Proposed Rule to be submitted to DAR on 04/14/2010. The change added the word "concentrated" before the term "depleted uranium" throughout the text. This rule change was effective on June 2, 2010. On November 15, 2010, the Agency submitted another proposed rule change to Section R313-25-8 (DAR No. 34240). This proposed rule was published in the 12/01/2010, Utah State Bulletin, initiating a 30-day public comment period. Fourteen comments were received by the Agency. Written comments ranged from a single issue to as many as eight separate issues from individual commentors. Each separate comment (fourteen in all) was determined to be either related or unrelated to the proposed rule. For comments judged to be applicable to the proposed rule, a response was prepared in a "Summary of Public Comments and Response to Comments" document. Eleven of the fourteen comments were unrelated to the proposed rule because they involved public policy matters or were outside the scope of the proposed rule. These comments were not addressed by the Agency. Specific comments relating to the proposed rule resulted in a Notice of Change in Proposed Rule, which was filed on 02/15/2011. The effective date for the rulemaking was 04/04/2011.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule establishes the procedures, criteria, and terms and conditions upon which a license may be issued for the land disposal of radioactive wastes. It is necessary to continue this rule because of the presence of an active low-level radioactive waste disposal facility in the State of Utah. This rule also needs to be continued to ensure that the State's rules are adequate to protect public health and safety, and meet compatibility requirements of the U. S. Nuclear Regulatory Commission's program.

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:

• Craig Jones at the above address, by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]
• 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:

Rusty Lundberg, Director

Effective:

09/23/2011

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