No. 35416 (Amendment): Rule R313-17. Administrative Procedures

(Amendment)

DAR File No.: 35416
Filed: 11/10/2011 11:50:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the June 2011 meeting, the Radiation Control Board held a discussion about changing Rule R313-17 so that notices concerning public comment and an opportunity to provide comment involved certain types of radioactive material licensees with major licensing actions.

Summary of the rule or change:

This amendment to Rule R313-17 defines what licensing actions are considered to be major actions and the amendment requires that a public notice be issued and a public comment period be held for license categories 2b and c, 4a, b, c, d, and 6 as identified in Section R313-70-7. The amendment also allows the Executive Secretary to give a public notice of and provide an opportunity to comment on other licensing actions of interest.

State statutory or constitutional authorization for this rule:

• Subsection 19-3-104(4)
• Sections 63G-4-201 through 63G-4-205
• Section 63G-4-102

Anticipated cost or savings to:

the state budget:

The Agency budget may face expenditures up to $1,000 per calendar year to issuing public notices. The costs for responding to comments received on a major licensing action are unknown as the number and extent of comments cannot be predicted.

local governments:

There are no anticipated costs or savings for local governments since they are not impacted by this rulemaking.

small businesses:

There are no anticipated costs or savings for small businesses since they are not affected by this rulemaking.

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

There are no anticipated costs or savings for persons other than small businesses, businesses, or local government entities since they are not impacted by this rulemaking.

Compliance costs for affected persons:

The budget of the Utah Department of Environmental Quality Division of Radiation Control is the only affected entity and the costs are the same as those discussed above, under "state budget".

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

The Agency budget may face expenditures up to $1,000 per calendar year to issuing public notices. The costs for responding to comments received on a major licensing action are unknown as the number and extent of comments cannot be predicted.

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:

• Craig Jones at the above address, by phone at 801-536-4264, 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:

01/03/2012

This rule may become effective on:

01/12/2012

Authorized by:

Rusty Lundberg, Director

RULE TEXT

R313. Environmental Quality, Radiation.

R313-17. Administrative Procedures.

R313-17-1. Authority.

The rules set forth herein are adopted pursuant to the provision of Subsection 19-3-104(4) and Section 63G-4-102 and Sections 63G-4-201 through 63G-4-205.

 

R313-17-2. Public Notice and Public Comment Period.

(1) The Executive Secretary shall give public notice of[,] and provide an opportunity to comment on the following[ actions]:

(a) A [P]proposed major licensing action for license categories 2b and c, 4a, b, c, d and 6 identified in Section R313-70-7[ or a proposed approval or denial of a significant radioactive materials license, license amendment, or license renewal].

(i) Major licensing actions include:

(A) Pending issuance of a new license,

(B) Pending issuance of a license renewal,

(C) Pending approval of a license termination,

(D) An increase in process, storage, or disposal capacity,

(E) A geographic expansion,

(F) A change in engineering design, construction, or process controls that will more than likely cause an individual to receive a higher total effective dose equivalent or increase the annual quantity of radioactive effluents released to the environment,

(G) A decrease in environmental monitoring or sampling frequency,

(H) Pending approval of reclamation, decontamination or decommissioning plans,

(I) Pending approval of corrective actions to control or remediate existing radioactive material contamination, not already authorized by a license,

(J) A licensing issue the Executive Secretary deems is of significant public interest.

(b) The initial proposed registration of an ionizing radiation producing machine which operates at a kilovoltage potential (kVp) greater than 200 in an open beam configuration. R313-17-2(1)(b) does not apply to ionizing radiation producing machines used in the healing arts.

(c) Board activities that may have significant public interest and the Board requests the Executive Secretary to take public comment on those proposed activities.

(2) The Executive Secretary may elect to give public notice of and provide an opportunity to comment on licensing actions that do not include the actions in Subsection R313-17-2(1)(a)(i), for all license categories identified in Section R313-70-7.

([2]3) Public notice shall allow at least 30 days for public comment.

([3]4) Public notice may describe more than one action listed in Subsection R313-17-2(1) and may combine notice of a public hearing with notice of the proposed action.

([4]5) Public notice shall be given by one or more of the following methods:

(a) Publication in a newspaper of general circulation in the area affected by the proposed action,

(b) Publication on the Division of Radiation Control website, or

(c) Distribution by an electronic mail server.

 

R313-17-3. Administrative Procedures.

Administrative proceedings under the Radiation Control Act are governed by Rule R305-6.

 

KEY: administrative procedures, comments, hearings, adjudicative proceedings

Date of Enactment or Last Substantive Amendment: [August 31, 2011]2012

Notice of Continuation: July 7, 2011

Authorizing, and Implemented or Interpreted Law: 19-3-104(4); 63G-4-102; 63G-4-201 through 63G-4-205

 

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