No. 40575 (5-year Review): Rule R313-17. Administrative Procedures

DAR File No.: 40575
Filed: 07/01/2016 10:17:25 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 applicable requirements in Rule R313-17 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, four substantive amendments have been made to the rule (Utah State Bulletin, No. 2014-17, including 2014-24 as a change in a proposed rule (both under DAR No. 38770), 2013-3 (DAR No. 37192), and 2011-23 (DAR No. 35416)). During the rulemaking action for DAR No. 38770, comments were submitted addressing the proposed changes to incorporate public hearing procedures required by federal law for 11e.(2) radioactive byproduct material licensing actions. The majority of the comments suggested the Radiation Control Board revise the rule to 1) be more specific about a citation to federal law, 2) eliminate some confusing and duplicative language, 3) specify that the director of the Division of Radiation Control shall not be the hearing officer for the question and answer hearings established in the rule, and 4) clarify that administrative remedies through the question and answer hearing process must be exhausted in order to obtain review on appeal. During the rulemaking for DAR No. 35146, ten comments were received. The majority of the comments addressed clarifying, refining, and expanding the list of examples of major radioactive materials licensing actions. No comments were received for the rule changes made under DAR No. 37192.

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 establishes the requirements for conducting public hearings for various radioactive materials licensing actions, including those that are required by federal law for 11e.(2) byproduct material licensing actions. As an Agreement State, the rule also is necessary for maintaining the appropriate regulatory compatibility with the NRC. There have been no comments opposing 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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