No. 29104: R313-22. Specific Licenses

DAR File No.: 29104
Filed: 10/05/2006, 10:56
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:

Section 19-3-104 authorizes the Utah Radiation Control Board to make rules necessary for controlling exposure to sources of radiation that constitute a significant health hazard; 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; and as necessary regarding the possession, use, transfer, or delivery of sources and byproduct material and the disposal of byproduct material to establish requirements for a) the licensing, operation, decontamination, and decommissioning, including financial assurances, and b) the reclamation of sites, structures, and equipment used in conjunction with the activities described above. Section 19-3-108 allows the Executive Secretary, as authorized by the Board, to issue licenses, review and approve plans, enforce rules, impound radioactive material and authorize employees or representatives of the department to enter at reasonable times and upon reasonable notice in and upon public or private property for the purpose of inspecting and investigating conditions and records concerning radiation sources.

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

No comments were received during the 30-day public comment period for a substantive rulemaking action with an effective date of December 12, 2003. A nonsubstantive action (therefore, no comments) was completed for this rule with an effective date of December 12, 2003. No comments were received during the 30-day public comment period for a substantive rulemaking action with an effective date of May 13, 2005. There is a current rulemaking action that will be going out for a 30-day public comment period beginning September 1, 2006. The Nuclear Regulatory Commission (NRC) received an early copy of the proposed rule changes. The NRC asked the Division how the changes to 10 CFR 40 and 10 CFR 70 were covered in the proposed rule changes. The Division reviewed the changes in 10 CFR 40 and 10 CFR 70, and made additions to the proposed rule changes prior to putting them out for public comment.

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

This rule authorizes the Division to issue specific licenses to individuals, companies, and institutions in Utah who use radioactive material. The rule also contains requirements for decommissioning and financial assurance, broad scope licensees, and manufacturing and distribution licensees. Without this rule, the Division could not regulate most uses of radioactive material in the State. Therefore, this rule should be continued.

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:

Philip Griffin at the above address, by phone at 801-536-4261, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]

Authorized by:

Dane Finerfrock, Director