No. 29332 (Amendment): R313-26. Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities

DAR File No.: 29332
Filed: 12/15/2006, 10:38
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change the Section R313-26-1, Purpose and Scope, to "Purpose and Authority" to be consistent with other Division rules, to update an incorporated Federal regulation to the current edition, and to change some definitions to be consistent with other Division rules.

Summary of the rule or change:

Section R313-26-1 is changed to "Purpose and Authority", consistent with other Division of Radiation Control rules. Section R313-26-2 is changed to update the reference to Appendix G of 10 CFR 20.1001 to 20.2402 (2006), and to change the definitions of Waste Collector, Waste Generator, and Waste Processor to be consistent to other references to these terms in other Division rules. Sections R313-26-3 and R313-26-5 are changed to reflect the changes to the definitions in Section R313-26-2.

State statutory or constitutional authorization for this rule:

Subsections 19-3-104(4) and 19-3-104(8)

Anticipated cost or savings to:

the state budget:

There is no financial impact to the state budget from the rule changes since the changes do not remove or include any additional requirements for permittees or shippers.

local governments:

There is no financial impact to local government from the rule changes since the changes do not remove or include any additional requirements for permittees or shippers.

other persons:

There is no financial impact to other persons from the rule changes since the changes do not remove or include any additional requirements for permittees or shippers.

Compliance costs for affected persons:

There are no compliance costs for affected individuals since the changes do not remove or include any additional requirements to either permittees or shippers.

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

No fiscal impact on businesses is anticipated since the changes to the rule do not add or remove any requirements from the existing rules. Dianne R. Nielson, 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:

01/31/2007

This rule may become effective on:

03/16/2007

Authorized by:

Dane Finerfrock, Director

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-26. Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities.

R313-26-1. Purpose and Authority[Scope].

(1) The purpose of this rule is to prescribe the requirements for the issuance of[ establish procedures, criteria, and terms and conditions upon which the Executive Secretary issues] permits to generators for accessing a land disposal facility located within the State[. This rule also contains] and requirements for shippers.

(2) The rules set forth herein are adopted pursuant to the provisions of Subsections 19-3-104(4) and 19-3-104(8).

(3) The requirements of Rule R313-26 are in addition to, and not in substitution for, other applicable requirements of these rules.

 

R313-26-2. Definitions.

As used in Rule R313-26, the following definitions apply:

"Disposal" means the isolation of wastes from the biosphere by placing them in a land disposal facility.

"Generator Site Access Permit" means an authorization to deliver radioactive wastes to a land disposal facility located within the State of Utah.

"Land disposal facility" has the same meaning as that given in Section R313-25-2.

"Manifest" means the document, as defined in Appendix G of 10 CFR 20.1001 to 20.2402 (2006),used for identifying the quantity, composition, origin, and destination of radioactive waste during its transport to a disposal facility.

"Packager" means Waste Processor, Waste Collector or Waste Generator as defined in Section R313-26-2.

"Radioactive waste" means any material that contains radioactivity or is radioactively contaminated and is intended for ultimate disposal at a licensed land disposal facility in Utah.

"Shipper" means the person who offers radioactive waste for transportation, typically consigning this type of waste to a land disposal facility.

"Waste Collector," "Waste Generator," and "Waste Processor" has the meaning as defined in Appendix G of 10 CFR 20.1001 to 20.2402 (2006).["Waste Collector" means an entity whose principal purpose is to collect and consolidate radioactive waste generated by others and to transfer this waste, without processing or repackaging the collected waste, to a licensed land disposal facility.

"Waste Generator" means a person who possesses any material or component that contains radioactivity or is radioactively contaminated; and for which the person foresees no further use; and transfers the material or component to a commercial radioactive waste treatment disposal facility; or Waste Collector or Waste Processor.

"Waste Processor" means an entity, whose principal purpose is to process, repackage or otherwise treat low-level radioactive material or waste generated by others prior to eventual transfer of the material or waste to a licensed low-level radioactive-waste land disposal facility.]

 

R313-26-3. Generator Site Access Permits.

A Waste Generator, Waste Collector, or Waste Processor[generator or broker] shall obtain a Generator Site Access Permit from the Executive Secretary before transferring radioactive waste to a land disposal facility in Utah.

(1) Generator Site Access Permit applications shall be filed on a form prescribed by the Executive Secretary.

(2) Applications shall be received by the Executive Secretary at least 30 days prior to any shipments being delivered to a land disposal facility in Utah.

(3) Each Generator Site Access Permit application shall include a certification to the Executive Secretary that the shipper shall comply with all applicable State or Federal laws, administrative rules and regulations, licenses, or license conditions of the land disposal facility regarding the packaging, transportation, storage, disposal and delivery of radioactive wastes.

(4) Generator Site Access Permit fees shall be assessed annually by the Executive Secretary based on the following classifications:

(a) Waste Generators shipping more than 1000 cubic feet of radioactive waste annually to a land disposal facility in Utah.

(b) Waste Generators shipping 1000 cubic feet or less of radioactive waste annually to a land disposal facility in Utah.

(c) Waste Collectors or Waste Processors shipping radioactive waste to a land disposal facility in Utah.

(5) Generator Site Access Permits shall be valid for a maximum of one year from the date of issuance. The Executive Secretary may modify individual Generator Site Access Permit terms and prorate the annual fees accordingly for administrative purposes.

(6) Generator Site Access Permits may be renewed by filing a new application with the Executive Secretary. To ensure timely renewal, generators and brokers shall submit applications, for Generator Site Access Permit renewal, a minimum of 30 days prior to the expiration date of their Generator Site Access Permit.

(7) Generator Site Access Permit fees are not refundable.

(8) Transfer of a Generator Site Access Permit shall be approved by the Executive Secretary.

(9) The number of Generator Site Access Permits required by each generator shall be determined by the following requirements:

(a) Generators who own multiple facilities within the same state may apply for one Generator Site Access Permit, provided the same contact person within the generator's company shall be responsible for responding to the Executive Secretary for matters pertaining to the waste shipments.

(b) Facilities which are owned by the same generator and located in different states shall obtain separate Generator Site Access Permits.

(c) Persons who both generate and are either a Waste Processor or Waste Collector shall obtain separate Generator Site Access Permits.

 

R313-26-4. Shipper's Requirements.

(1) The shipper shall provide on demand the Executive Secretary a copy of the Nuclear Regulatory Commission's "Uniform Low Level Radioactive Waste Manifest" for shipments consigned for disposal within Utah.

(2) The appropriate Generator Site Access Permit number(s) shall be documented on the manifest.

(3) Waste Generators, Waste Processors and Waste Collectors shall ensure that all Generator Site Access Permits are current prior to shipment of waste to a land disposal facility located in the state of Utah, and that the waste will arrive at the land disposal facility prior to the expiration date of the Generator Site Access Permits.

(4) A Waste Collector, Waste Processor or Waste Generator shall ensure all radioactive waste contained within a shipment for disposal at a land disposal facility in the state is traceable to the original generators and states, regardless of whether the waste is shipped directly from the point of generation to the disposal facility.

 

R313-26-5. Land Disposal Facility Licensee Requirements.

The land disposal facility licensee shall ensure that Waste G[g]enerators, Waste Collectors and Waste Processors have a current, unencumbered Generator Site Access Permit prior to accepting a Waste G[g]enerator's, Waste Collector's or Waste Processor's waste.

 

KEY: radioactive waste generator permit

Date of Enactment or Last Substantive Amendment: [August 8, 2003]2007

Notice of Continuation: May 9, 2006

Authorizing, and Implemented or Interpreted Law: 19-3-106.4