No. 37192 (Amendment): Rule R313-17. Administrative Procedures

(Amendment)

DAR File No.: 37192
Filed: 01/11/2013 10:04:44 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Changes are required to conform with S.B. 21, 2012 General Session (Chapter 360, Laws of Utah 2012).

Summary of the rule or change:

S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." Some citations to Title 63G, Chapter 4, were deleted and the correct citations were added.

State statutory or constitutional authorization for this rule:

• Subection 19-3-104(4)
• Section 19-1-301.5
• Section 19-1-301

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions.

local governments:

There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions.

small businesses:

There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions.

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

There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions.

Compliance costs for affected persons:

There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions.

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

There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions.

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:

• 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]

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:

03/04/2013

This rule may become effective on:

03/19/2013

Authorized by:

Rusty Lundberg, Director

RULE TEXT

R313. Environmental Quality, Radiation.

R313-17. Administrative Procedures.

R313-17-1. Authority.

The rules set forth herein are adopted pursuant to the provision of Subsection 19-3-104(4) and Sections [63G-4-102 and Sections 63G-4-201 through 63G-4-205]19-1-301 and 19-1-301.5.

 

R313-17-2. Public Notice and Public Comment Period.

(1) The [Executive Secretary]Director shall give public notice of and provide an opportunity to comment on the following:

(a) A proposed major licensing action for license categories 2b and c, 4a, b, c, d and 6 identified in Section R313-70-7.

(i) Major licensing actions include:

(A) Pending issuance of a new license,

(B) Pending issuance of a license renewal,

(C) Pending approval of a license termination,

(D) An increase in process, storage, or disposal capacity,

(E) A geographic expansion,

(F) A change in engineering design, construction, or process controls that will more than likely cause an individual to receive a higher total effective dose equivalent or increase the annual quantity of radioactive effluents released to the environment,

(G) A decrease in environmental monitoring or sampling frequency,

(H) Pending approval of reclamation, decontamination or decommissioning plans,

(I) Pending approval of corrective actions to control or remediate existing radioactive material contamination, not already authorized by a license,

(J) A licensing issue the [Executive Secretary]Director deems is of significant public interest.

(b) The initial proposed registration of an ionizing radiation producing machine which operates at a kilovoltage potential (kVp) greater than 200 in an open beam configuration. R313-17-2(1)(b) does not apply to ionizing radiation producing machines used in the healing arts.

(c) Board activities that may have significant public interest and the Board requests the [Executive Secretary]Director to take public comment on those proposed activities.

(2) The [Executive Secretary]Director may elect to give public notice of and provide an opportunity to comment on licensing actions that do not include the actions in Subsection R313-17-2(1)(a)(i), for all license categories identified in Section R313-70-7.

(3) Public notice shall allow at least 30 days for public comment.

(4) Public notice may describe more than one action listed in Subsection R313-17-2(1) and may combine notice of a public hearing with notice of the proposed action.

(5) Public notice shall be given by one or more of the following methods:

(a) Publication in a newspaper of general circulation in the area affected by the proposed action,

(b) Publication on the Division of Radiation Control website, or

(c) Distribution by an electronic mail server.

 

R313-17-3. Administrative Procedures.

Administrative proceedings under the Radiation Control Act are governed by Rule [R305-6]R305-7.

 

KEY: administrative procedures, comment, hearings, adjudicative proceedings

Date of Enactment or Last Substantive Amendment: [March 19, 2012]2013

Notice of Continuation: July 7, 2011

Authorizing, and Implemented or Interpreted Law: 19-3-104(4); [63G-4-102; 63G-4-201 through 63G-4-205]19-1-301 and 19-1-301.5.

 

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