No. 38754 (Amendment): Section R313-22-33. General Requirements for the Issuance of Specific Licenses

(Amendment)

DAR File No.: 38754
Filed: 08/13/2014 02:37:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Nuclear Regulatory Commission (NRC) has revised the definitions of "Commencement of Construction" and "Construction" in Title 10 of the Code of Federal Regulations (10 CFR). All Agreement States are required to maintain rules compatible with NRC regulations. The NRC notified the Utah Division of Radiation Control (DRC) that the revised regulations need to be adopted by Agreement States no later than 11/14/2014. The Utah Radiation Control Board proposes to revise the existing rules by adopting these definitions.

Summary of the rule or change:

The rule will be amended by deleting an obsolete definition for "Commencement of Construction" from Subsection R313-22-3(f). The revised definition will be listed in Section R313-12-3.

State statutory or constitutional authorization for this rule:

• Section 19-3-104

Anticipated cost or savings to:

the state budget:

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new burden or reporting requirements on a licensee, the NRC, or an Agreement State. See 76 FR 56961.

local governments:

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new burden or reporting requirements on the licensee including a local government that may have a radioactive material license. See 76 FR 56961.

small businesses:

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new burden or reporting requirements on a licensee that may also be a "small business". See 76 FR 56961.

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

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new burden or reporting requirements on a licensee. See 76 FR 56961.

Compliance costs for affected persons:

The NRC performed a regulatory analysis of this amendment and determined that the rule change does not impose any new compliance burdens on licensees. See 76 FR 56961.

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

Businesses with a radioactive material license will not see a fiscal impact due to the proposed changes to Section R313-22-33. The proposed changes do not add or remove significant requirements that affect the Radiation Control Program, licensees, or the Utah Radiation Control Board.

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 ControlRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mike Givens at the above address, by phone at 801-536-0278, 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:

10/01/2014

This rule may become effective on:

10/21/2014

Authorized by:

Rusty Lundberg, Director

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-22. Specific Licenses.

R313-22-33. General Requirements for the Issuance of Specific Licenses.

(1) A license application shall be approved if the Director determines that:

(a) the applicant and all personnel who will be handling the radioactive material are qualified by reason of training and experience to use the material in question for the purpose requested in accordance with these rules in a manner as to minimize danger to public health and safety or the environment;

(b) the applicant's proposed equipment, facilities, and procedures are adequate to minimize danger to public health and safety or the environment;

(c) the applicant's facilities are permanently located in Utah, otherwise the applicant shall seek reciprocal recognition as required by Section R313-19-30;

(d) the issuance of the license will not be inimical to the health and safety of the public;

(e) the applicant satisfies applicable special requirements in Sections R313-22-50 and R313-22-75, and Rules R313-24, R313-25, R313-32, R313-34, R313-36, or R313-38; and

(f) in the case of an application for a license to receive and possess radioactive material for commercial waste disposal by land burial, or for the conduct of other activities which the Director determines will significantly affect the quality of the environment, the Director, before commencement of construction of the plant or facility in which the activity will be conducted, has concluded, after weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values. The Director shall respond to the application within 60 days. Commencement of construction prior to a response and conclusion shall be grounds for denial of a license to receive and possess radioactive material in the plant or facility.[  As used in this paragraph the term "commencement of construction" means clearing of land, excavation, or other substantial action that would adversely affect the environment of a site. The term does not mean site exploration, necessary borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.]

 

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

Date of Enactment or Last Substantive Amendment: [February 14, ]2014

Notice of Continuation: September 23, 2011

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

 

---