No. 30297 (Amendment): R313-22. Specific Licenses

DAR File No.: 30297
Filed: 08/10/2007, 02:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add a requirement for the serialization of sources containing radioactive material manufactured in Utah that need to be reported and tracked by the U.S. Nuclear Regulatory Commission's National Source Tracking System. The tracking system is intended to provide greater security for larger radioactive material sources of specific isotopes. The U.S. Nuclear Regulatory Commission requires that all Agreement States (like Utah) comply with this program by November 2007.

Summary of the rule or change:

The definition of "nationally tracked source" is added to Section R313-22-4, and a new requirement for the placing of a unique serial number on each sealed source containing radioactive material manufactured in Utah is added as the new Section R313-22-201. A new appendix is incorporated by reference in the definition in Section R313-22-4 (Appendix E of 10 CFR 20, 2007 ed.).

State statutory or constitutional authorization for this rule:

Sections 19-3-104 and 19-3-108

This rule or change incorporates by reference the following material:

10 CFR 20, 2007 ed.

Anticipated cost or savings to:

the state budget:

No impact to the state budget is anticipated since this requirement relates to a national source tracking system, and the Division will have minimal involvement with the system.

local governments:

No local government agency will be impacted by this rule change. No impact to local government budget is anticipated.

small businesses and persons other than businesses:

There will be no financial impact from this rule for small businesses since there are currently no businesses in Utah that manufacture sources containing radioactive material.

Compliance costs for affected persons:

There is currently no one in Utah that manufactures sources containing radioactive material. If someone does decide to manufacture sources that would be tracked by this system, the requirement to mark each sealed source with a unique serial number would be no different than the source identification common practice that the industry has utilized for many years. Therefore, the compliance costs would be minimal for anyone subject to this rule.

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

Currently, no Utah business is affected by the proposed rule; therefore, the rule implementation will have no financial impact on business. Richard W. Sprott, 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 Control
168 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Philip Griffin at the above address, by phone at 801-536-4261, 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:

10/01/2007

This rule may become effective on:

10/19/2007

Authorized by:

Dane Finerfrock, Director

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-22. Specific Licenses.

R313-22-4. Definitions.

"Alert" means events may occur, are in progress, or have occurred that could lead to a release of radioactive material but that the release is not expected to require a response by off-site response organizations to protect persons off-site.

"Nationally tracked source" is a sealed source containing a quantity equal to or greater than Category 1 or Category 2 levels of any radioactive material listed in Appendix E of 10 CFR 20.1001 to 20.2402 (2007), which is incorporated by reference. In this context a sealed source is defined as radioactive material that is sealed in a capsule or closely bonded, in a solid form and which is not exempt from regulatory control. It does not mean material encapsulated solely for disposal, or nuclear material contained in any fuel assembly, subassembly, fuel rod, or fuel pellet. Category 1 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the Category 1 threshold. Category 2 nationally tracked sources are those containing radioactive material at a quantity equal to or greater than the Category 2 threshold but less than the Category 1 threshold.

"Principal activities" means activities authorized by the license which are essential to achieving the purpose(s) for which the license was issued or amended. Storage during which no licensed material is accessed for use or disposal and activities incidental to decontamination or decommissioning are not principal activities.

"Site Area Emergency" means events may occur, are in progress, or have occurred that could lead to a significant release of radioactive material and that could require a response by off-site response organizations to protect persons off-site.

 

R313-22-201. Serialization of Nationally Tracked Sources.

Each licensee who manufacturers a nationally tracked source after October 19, 2007, shall assign a unique serial number to each nationally tracked source. Serial numbers must be composed only of alpha-numeric characters.

 

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

Date of Enactment or Last Substantive Amendment: [October 20, 2006]2007

Notice of Continuation: October 5, 2006

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