No. 32049 (Amendment): R313-38-3. Clarifications or Exceptions

DAR File No.: 32049
Filed: 10/14/2008, 03:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

As part of the five-year review, it was noted that the edition of 10 CFR 39, incorporated by reference into Rule R313-38, was more than five years old. Updating the year of the edition of 10 CFR 39 will facilitate the regulated public's access to information and was the predominant reason for the change.

Summary of the rule or change:

This rule incorporates, by reference, information from 10 CFR 39. The edition year of these federal regulations was updated to 2008.

State statutory or constitutional authorization for this rule:

Sections 19-3-104 and 19-3-108

This rule or change incorporates by reference the following material:

Updates 10 CFR 39 to the 2008 edition

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. Changing the edition year of federal regulations that are incorporated by reference in the rule does not add or remove requirements that affect the radiation control program or the Utah Radiation Control Board.

local governments:

Some local government agencies hold a radioactive material license, but there is no anticipated cost or savings for local government agencies. A change in the edition year of federal regulations that are incorporated by reference in the rule does not add costs or create savings for local government licensees.

small businesses and persons other than businesses:

Small businesses and persons other than businesses may hold a radioactive material license, but there is no anticipated cost or savings for small businesses and persons other than businesses. A change in the edition year of federal regulations that are incorporated by reference in the rule does not add costs or create savings for small business licensees.

Compliance costs for affected persons:

There are no changes in compliance costs for persons affected by Rule R313-38. A change in the edition year of federal regulations that are incorporated by reference in the rule does not add costs or create savings for small business licensees.

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

Businesses with a radioactive material license will not see a fiscal impact due to the proposed changes to Rule R313-38. A change in the edition year of federal regulations that are incorporated by reference in the rule does not add costs or create savings for small business licensees. Richard W. Sprott, Executive Director

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:

Mario A. Bettolo at the above address, by phone at 801-536-4256, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]

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:

12/01/2008

This rule may become effective on:

12/16/2008

Authorized by:

Dane Finerfrock, Director

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-38. Licenses and Radiation Safety Requirements for Well Logging.

R313-38-3. Clarifications or Exceptions.

For purposes of Rule R313-38, 10 CFR 39 (200[1]8), is incorporated by reference with the following clarifications or exceptions:

(1) The exclusion of the following 10 CFR sections: 39.1, 39.5, 39.8, 39.11, 39.101, and 39.103;

(2) The exclusion of the following 10 CFR references within 10 CFR 39: Sec. 40.32, and Sec. 70.33;

(3) The exclusion of "licensed material" in 10 CFR 39.2 definitions;

(4) The substitution of the following wording:

(a) License for reference to NRC license;

(b) Utah Radiation Control Rules for the references to:

(i) The Commission's regulations;

(ii) The NRC regulations;

(iii) NRC regulations; and

(iv) Pertinent Federal regulations;

(c) Executive Secretary for reference to Commission, except as stated in Subsection R313-38-3(4)(d);

(d) Representatives of the Executive Secretary for the references to the Commission in:

(i) 10 CFR 39.33(d);

(ii) 10 CFR 39.35(a);

(iii) 10 CFR 39.37;

(iv) 10 CFR 39.39(b); and

(v) 10 CFR 39.67(f);

(e) Executive Secretary or the Executive Secretary for references to:

(i) NRC in:

(A) 10 CFR 39.63(l);

(B) 10 CFR 39.77(c)(1)(i) and (ii); and

(C) 10 CFR 39.77(d)(9); and

(ii) Appropriate NRC Regional Office in:

(A) 10 CFR 39.77(a);

(B) 10 CFR 39.77(c)(1); and

(C) 10 CFR 39.77(d);

(f) Executive Secretary, the U.S. Nuclear Regulatory Commission or an Agreement State for the references to:

(i) Commission or an Agreement State in:

(A) 10 CFR 39.35(b); and

(B) 10 CFR 39.43(d) and (e); and

(ii) Commission pursuant to Sec. 39.13(c) or by an Agreement State in:

(A) 10 CFR 39.43(c); and

(B) 10 CFR 39.51;

(g) In 10 CFR 39.35(d)(1), persons specifically licensed by the Executive Secretary, the U.S. Nuclear Regulatory Commission, or an Agreement State for the reference to an NRC or Agreement State licensee that is authorized; and

(h) In 10 CFR 39.35(d)(2), reports of test results for leaking or contaminated sealed sources shall be made pursuant to Section R313-15-1208, for the reference to the following statement:

(i) The licensee shall submit a report to the appropriate NRC Regional Office listed in appendix D of part 20 of this chapter, within 5 days of receiving the test results. The report must describe the equipment involved in the leak, the test results, any contamination which resulted from the leaking source, and the corrective actions taken up to the time the report is made; and

(i) In 10 CFR 39.75(e), a U.S. Nuclear Regulatory Commission or an Agreement State for the reference to the Agreement State;

(5) The substitution of the following Title R313 references for specific 10 CFR references:

(a) Section R313-12-3 for the reference to Sec. 20.1003 of this chapter;

(b) Section R313-12-54 for the reference to 10 CFR 39.17;

(c) Subsection R313-12-55(1) for the reference to 10 CFR 39.91;

(d) Rule R313-15 for references to:

(i) Part 20; and

(ii) Part 20 of this chapter;

(e) Subsection R313-15-901(1) for the reference to Sec. 20.1901(a);

(f) Section R313-15-906 for the reference to Sec. 20.205 of this chapter;

(g) Sections R313-15-1201 through R313-15-1203 for the references to:

(i) Secs. 20.2201-20.2202; and

(ii) Sec. 20.2203;

(h) Rule R313-18 for the reference to part 19;

(i) Section R313-19-30 for the reference to Sec. 150.20 of this chapter;

(j) Section R313-19-50 for the references to:

(i) Sec. 30.50; and

(ii) Part 21 of this chapter;

(k) Section R313-19-71 for the reference to Sec. 30.71;

(l) Section R313-19-100 for the references to:

(i) 10 CFR Part 71; and

(ii) Sec. 71.5 of this chapter; and

(m) Section R313-22-33 for the reference to 10 CFR 30.33;

 

KEY: radioactive material, well logging, surveys, subsurface tracer studies

Date of Enactment or Last Substantive Amendment: September 14, 2001

Notice of Continuation: December 10, 2003

Authorizing, and Implemented or Interpreted Law: 19-3-104; 19-3-108