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Home » 2016 Issues » Vol. 2016, No. 7 (04/01/2016) » No. 40259 (5-year Review): Rule R313-26. Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities

  No. 40259 (5-year Review): Rule R313-26. Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities  

  • DAR File No.: 40259
    Filed: 03/10/2016 02:41:01 PM

    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 provides the Radiation Control Board authority to make rules to protect the public and environment from sources of radiation. Section 19-3-106.4 requires a generator or waste collector (Broker) of low-level radioactive waste to obtain a site access permit prior to transferring or shipping waste to a commercial radioactive waste treatment or disposal facility located in Utah. The purpose of this rule is to establish criteria and terms and conditions upon which the director issues permits to generators accessing a land disposal facility located within the state.

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

    The rule has had two proposed changes that have been published for public comment. One received no comments. The other received one comment which is summarized as follows: some of the proposed changes may overreach the intent of H.B. 124 (2013 General Session) and place the state in a position for potential litigation. The rule change was withdrawn.

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

    It is necessary to continue this rule because it establishes the requirements and conditions for issuing a site access permit to generators or brokers. Once a permit is issued, it allows them to ship waste to a commercial radioactive waste facility in Utah. The rule also provides regulation for compliance inspections of shipments.

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Environmental Quality
    Waste Management and Radiation Control, RadiationRoom Third Floor
    195 N 1950 W
    SALT LAKE CITY, UT 84116-3085

    Direct questions regarding this rule to:

    Effective:

    03/10/2016

    Authorized by:

    Brad Johnson, Deputy Director

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Document Information

Effective Date:
3/10/2016
Publication Date:
04/01/2016
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
03/10/2016
Agencies:
Environmental Quality, Waste Management and Radiation Control, Radiation
Authorized By:
Brad Johnson, Deputy Director
DAR File No.:
40259
Summary:

The rule has had two proposed changes that have been published for public comment. One received no comments. The other received one comment which is summarized as follows: some of the proposed changes may overreach the intent of H.B. 124 (2013 General Session) and place the state in a position for potential litigation. The rule change was withdrawn.

CodeNo:
R313-26
CodeName:
{39969|R313-26|R313-26. Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities}
Link Address:
Environmental QualityWaste Management and Radiation Control, RadiationRoom Third Floor 195 N 1950 WSALT LAKE CITY, UT 84116-3085
Link Way:

Ralph Bohn, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at rbohn@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2016/b20160401.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R313-26. Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities.