No. 40572 (5-year Review): Rule R313-12. General Provisions

DAR File No.: 40572
Filed: 07/01/2016 10:12:24 AM

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 19-1-106 establishes the Waste Management and Radiation Control Board. The Board is authorized to make rules under Section 19-3-104 that are necessary for protecting the environment and controlling human exposure to sources of radiation that constitute a significant health hazard. Additionally, under Section 19-6-104, the Board is authorized to make rules necessary to maintain program primacy from the federal government for the Radiation Control Program. As part of state primacy of the Radiation Control Program, the definitions and other general provisions in Rule R313-12 have been reviewed by the U.S. Nuclear Regulatory Commission (NRC) and have been determined to be compatible with the corresponding federal radiation protection regulations.

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

There have been no comments specifically supporting or opposing the rule. However, since the last five-year review in 2011, three substantive amendments have been made to the rule (Utah State Bulletin, No. 2015-9 (DAR No. 39277), 2014-17 (DAR No. 38752), and 2013-3 (DAR No. 37189)). During the rulemaking action for DAR No. 37189, one comment was received that noted an incorrect statutory citation in the definition for "Board" in Section R313-12-3. A nonsubstantive rule change was filed to make the necessary correction.

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

This rule is necessary because it lays the foundation for establishing radiation safety and protection and, as an Agreement State, maintains the appropriate regulatory compatibility with the NRC. There have been no opposing comments to the rule since the last five-year review in 2011. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Rusty Lundberg at the above address, by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]

Effective:

07/01/2016

Authorized by:

Brad Johnson, Deputy Director

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