No. 33911 (Amendment): Section R313-18-13. Notifications and Reports to Individuals

(Amendment)

DAR File No.: 33911
Filed: 08/10/2010 05:30:45 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being revised due to changes to the U.S. Nuclear Regulatory Commission's (NRC) regulations in 10 CFR Part 19 that were published in the Federal Register on 12/04/2007 and made effective on 02/15/2008. The State of Utah has entered into an agreement with the NRC to establish and maintain a compatible program for the control of radioactive material in Utah. This change is necessary to maintain compatibility of the Utah Radiation Control Rules with federal regulations.

Summary of the rule or change:

Changes in this rule involve two items: 1) currently, licensees or registrants shall furnish each worker, who requires monitoring, a written record of their dose. The new rule would require licensees or registrants to furnish each worker a written record of their dose if they exceed 100 mrem Total Effective Dose Equivalent (TEDE) or 100 mrem to an individual organ or tissue; or upon request by the monitored individual; and 2) increased dissemination of dose information to those individuals who receive a radioactive dose that is required to be reported to the Executive Secretary. If a licensee must report a dose received by an individual, either an occupationally exposed worker or an identified member of the public, to the Division, then the licensee must also report the same information to the individual who received the dose. The licensee must do so in writing.

State statutory or constitutional authorization for this rule:

• Subsection 19-3-104(4)
• Subsection 19-3-104(8)

Anticipated cost or savings to:

the state budget:

This proposed change is not anticipated to have any impact on the state budget. State government activities will not change as a result of this rule change. State government agencies who are also state radiation control licensees, will need to submit, to individuals, a written report identical to that written report which will be required to be submitted to the Executive Secretary. The estimated cost is minimal since it involves only the cost of office supplies and mailing.

local governments:

This proposed change is not anticipated to have any fiscal impact on local government due to regulatory issues, since local government is not involved in any regulatory activity associated with this rule. However, local government agencies who are also state radiation control licensees, will need to submit, to individuals, a written report identical to that written report which will be required to be submitted to the Executive Secretary. The estimated cost is minimal since it involves only the cost of office supplies and mailing.

small businesses:

Small businesses who are also state radiation control licensees, will need to submit, to individuals, a written report identical to that written report which will be required to be submitted to the Executive Secretary. The estimated cost is minimal since it involves only the cost of office supplies and mailing.

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

It cannot be foreseen how any other person, not working for radioactive material licensees possessed by businesses or local government, will have any fiscal impact due to this change in definition.

Compliance costs for affected persons:

Compliance cost is minimally measurable since it involves only the cost of office supplies and mailing. This rule adds the additional requirement to report to an individual, the information which is currently reported to the Executive Secretary.

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

The proposed change to the rule is necessary for the Utah Radiation Control Rules to be adequately compatible with NRC requirements, and to ensure the Division's program activities are adequate to protect the public health and safety. The Division is not aware of any business that would be impacted fiscally due to the the proposed rule change except for incidental supply requirements and mailing costs.

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 Control
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mario Bettolo at the above address, by phone at 801-536-4256, 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:

10/04/2010

This rule may become effective on:

10/11/2010

Authorized by:

Rusty Lundberg, Director

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-18. Notices, Instructions and Reports to Workers by Licensees or Registrants--Inspections.

R313-18-13. Notifications and Reports to Individuals.

(1) Radiation exposure data for an individual and the results of measurements, analyses, and calculations of radioactive material deposited or retained in the body of an individual shall be reported to the individual as specified in R313-18-13. The information reported shall include data and results obtained pursuant to these rules, orders, or license conditions, as shown in records maintained by the licensee or registrant pursuant to R313-15-1107. Notifications and reports shall:

(a) be in writing;

(b) include appropriate identifying data such as the name of the licensee or registrant, the name of the individual, and the individual's identification number, preferably social security number;

(c) include the individual's exposure information; and

(d) contain the following statement:

"This report is furnished to you under the provisions of the Utah Administrative Code Section R313-18-13. You should preserve this report for further reference."

(2) Licensees or registrants shall [furnish]make dose information available to [each] worker s [annually a written report of the worker's dose ]as shown in records maintained by the licensee or registrant pursuant to R313-15-1107. The licensee shall provide an annual report to each individual monitored under R313-15-502 of the dose received in that monitoring year if:

(a) The individual's occupational dose exceeds 1 mSv (100 mrem) TEDE or 1 mSv (100 mrem) to any individual organ or tissue; or

(b) The individual requests his or her annual dose report.

(3) Licensees or registrants shall furnish a written report of the worker's exposure to sources of radiation at the request of a worker formerly engaged in activities controlled by the licensee or registrant. The report shall include the dose record for each year the worker was required to be monitored pursuant to R313-15-502. The report shall be furnished within 30 days from the date of the request, or within 30 days after the dose of the individual has been determined by the licensee or registrant, whichever is later. The report shall cover the period of time that the worker's activities involved exposure to sources of radiation and shall include the dates and locations of work under the license or registration in which the worker participated during this period.

(4) When a licensee or registrant is required pursuant to R313-15-1202, R313-15-1203, or R313-15-1204 to report to the Executive Secretary an exposure of an individual to sources of radiation, the licensee or[ the] registrant shall also provide the individual a written report on the exposure data included [therein]in the report to the Executive Secretary. This r[R]eport[s] shall be transmitted at a time no[t] later than the transmittal to the Executive Secretary.

(5) At the request of a worker who is terminating employment with the licensee or registrant in work involving exposure to radiation or radioactive material, during the current year, the licensee or registrant shall provide at termination to the worker, or to the worker's designee, a written report regarding the radiation dose received by that worker from operations of the licensee or registrant during the current year or fraction thereof. If the most recent individual monitoring results are not available at that time, a written estimate of the dose shall be provided together with a clear indication that this is an estimate.

 

KEY: radioactive material s , inspection s , radiation safety, licensing

Date of Enactment or Last Substantive Amendment: [June 11, 1999]2010

Notice of Continuation: July 10, 2006

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

 

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