No. 29105: R313-25. License Requirements for Land Disposal of Radioactive Waste - General Provisions  

  • DAR File No.: 29105
    Filed: 10/05/2006, 10:57
    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. Also, the Board may by rule establish criteria for siting commercial low-level radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section 19-3-103.7; and the Board shall by rule establish financial assurance requirements for closure and postclosure care of radioactive waste land disposal facilities, taking into account existing financial assurance requirements. 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:

    One nonsubstantive rulemaking action occurred during this period with an effective date of May 1, 2004. (No comments taken.) No other rulemaking actions were done since the last five-year review, and no comments regarding this rule were received separate from a rulemaking action.

    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 the Department issues licenses for the land disposal of radioactive wastes received from other persons. The Division currently licenses one company that operates a radioactive waste land disposal facility in Utah. The land disposal of radioactive waste is an item of serious interest to both the Legislature and the Governor. This rule is needed to properly license the existing facility and any future land waste disposal facilities receiving radioactive material. 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 pgriffin@utah.gov

    Authorized by:

    Dane Finerfrock, Director

Document Information

Publication Date:
11/01/2006
Filed Date:
10/05/2006
Agencies:
Environmental Quality,Radiation Control
Authorized By:
Dane Finerfrock, Director
DAR File No.:
29105
Related Chapter/Rule NO.: (1)
R313-25. License Requirements for Land Disposal of Radioactive Waste - General Provisions.