No. 38145 (Amendment): Section R313-22-34. Issuance of Specific Licenses

(Amendment)

DAR File No.: 38145
Filed: 11/15/2013 02:13:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division of Radiation Control received a petition for Agency action that requested renewal intervals for specific radioactive materials licenses (specific licenses) be increased from a five-year renewal interval to a ten-year renewal interval for a certain subset of specific licenses. During a review of the request for Agency action, the Utah Radiation Control Board (Board) determined that the proposed change to the renewal interval should apply to all persons possessing a specific license. Therefore, this rule is being modified to allow a ten-year interval between renewals.

Summary of the rule or change:

The proposed change to Section R313-22-34 would change the renewal interval for specific licenses from five years to ten years; however, new specific licenses would still be required to be renewed at a five-year interval to establish the new licensees performance with regulatory compliance. In addition, the proposed change would allow the Director flexibility to shorten the renewal cycle less than ten years based on poor performance or regulatory compliance issues. Some reasons for a shorter renewal interval include new company management, new technologies, poor regulatory performance, or other situations that would warrant increased license reviews by the Agency. In addition, this proposed change is consistent with the Nuclear Regulatory Commissions specific license renewal cycles.

State statutory or constitutional authorization for this rule:

• Section 19-3-104
• Section 19-3-108

Anticipated cost or savings to:

the state budget:

Presently over a period of ten years, a specific licensee pays two new/renewal fees and eight annual fees. The new/renewal fees are slightly lower than the annual fees for all categories of specific licenses. Under the proposed change, specific licensees would pay one new/renewal fee and nine annual fees. The difference between the new/renewal fee and the annual fee ranges from $80 to $890 for the specific licenses presently issued in Utah. The proposed rule should result in an increase of approximate $28,500 in the state budget over the ten-year interval.

local governments:

The agency acknowledges some cities and county governments in Utah possess a specific license. For each specific license a county or city would pay an extra $80 over the ten-year interval. These costs may be offset with savings from only preparing and submitting one license renewal application in the ten-year interval as opposed to the two renewal applications for each specific license now required.

small businesses:

There are numerous small business that have specific licenses. These business will be impacted during that one year by the difference in the annual fee versus the renewal fee. The costs to the small businesses would range from $80 to $890 over the ten-year period based on the type of each specific license possessed by the small businesses. Again, the costs for the majority of the small businesses may be offset with savings from only preparing and submitting one license renewal application in the ten-year interval as opposed to the two renewal applications for each specific license now required.

persons other than small businesses, businesses, or local governmental entities:

The costs to all persons issued a specific license to possess and use certain radioactive materials range from $80 to $890 over the ten-year period based on the type of each specific license possessed by the person. Corporations that have been issued a specific license from the agency will be impacted by not having to prepare a license renewal application every fifth year and by paying the difference between the annual fee versus the renewal fee.

Compliance costs for affected persons:

There are no expected changes to compliance costs associated with this rulemaking action. Inspection intervals will not change, only license renewal intervals will be modified.

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

Most specific licensees impacted by the proposed rule find the preparation of license renewal applications time consuming and costly for some, and would prefer the renewal interval to be extended to ten years. In general, specific licensees are supportive of modifying the renewal interval to ten years.

Amanda Smith, 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 ControlRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Gwyn Galloway at the above address, by phone at 801-536-4258, 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]

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:

12/31/2013

This rule may become effective on:

01/15/2014

Authorized by:

Rusty Lundberg, Director

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-22. Specific Licenses.

R313-22-34. Issuance of Specific Licenses.

(1) Upon a determination that an application meets the requirements of the Act and the rules of the Board, the Director will issue a specific license authorizing the proposed activity in a form and containing conditions and limitations as the Director deems appropriate or necessary.

(a) Specific licenses for a new license application shall have an expiration date five years from the end of the month in which it is issued.

(b) Specific licenses for a renewed license shall expire ten years after the expiration date of the previous version of the license.

(c) Notwithstanding R313-22-34(1)(b), if during the review of the license renewal application, the Director determines issues that need to be reassessed sooner than the ten year renewal interval, the Director may shorten the renewal interval on a case by case basis. Examples of issues that may result in a shortened renewal interval includes new technologies, new company management, poor regulatory compliance, or other situations that would warrant increased attention.

(2) The Director may incorporate in licenses at the time of issuance, additional requirements and conditions with respect to the licensee's receipt, possession, use and transfer of radioactive material subject to Rule R313-22 as [he]the Director deems appropriate or necessary in order to:

(a) minimize danger to public health and safety or the environment;

(b) require reports and the keeping of records, and to provide for inspections of activities under the license as may be appropriate or necessary; and

(c) prevent loss or theft of material subject to Rule R313-22.

 

KEY: specific licenses, decommissioning, broad scope, radioactive materials

Date of Enactment or Last Substantive Amendment: [March 19, 2013]2014

Notice of Continuation: September 23, 2011

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

 

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