No. 40573 (5-year Review): Rule R313-14. Violations and Escalated Enforcement

DAR File No.: 40573
Filed: 07/01/2016 10:13:54 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 19-1-106 establishes the Waste Management and Radiation Control Board. The Board is authorized to make rules under Section 19-3-104 that are necessary for protecting the environment and controlling human exposure to sources of radiation that constitute a significant health hazard. Additionally, under Section 19-6-104, the Board is authorized to make rules necessary to maintain program primacy from the federal government for the Radiation Control Program. As part of state primacy of the Radiation Control Program, the requirements in Rule R313-14 have been reviewed by the U.S. Nuclear Regulatory Commission (NRC) and have been determined to be compatible with the corresponding federal radiation protection regulations.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments specifically supporting or opposing the rule. However, since the last five-year review in 2011, two substantive amendments have been made to the rule (Utah State Bulletin, No. 2013-22 (DAR No. 38076) and 2013-3 (DAR No. 37190)). During the rulemaking action for DAR No. 38076, comments were submitted addressing the proposed changes to the civil penalty amounts for the different severity categories, as well as the civil penalty amount associated with repeat violations and the time associated with correcting violations. The increase in the severity category penalty amounts were made by the Radiation Control Board to incorporate changes enacted during the 2013 General Session of the Legislature to increase the maximum civil penalty authorized by the Utah Radiation Control Act (Section 19-3-109). The comments suggested the Radiation Control Board revise the rule by 1) designating the severity categories as a range rather than retain a single penalty amount for each category, 2) retaining the existing multiplier for repeated violation, and 3) further clarifying the time period for correcting violations. No comments were received for the rule changes made under DAR No. 37190.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is necessary because it establishes actions that may be taken for noncompliance with existing radiation control laws and rules and, as an Agreement State, maintains the appropriate regulatory compatibility with the NRC. This includes setting violation severity levels, enforcement sanctions, and assessment of civil penalties. There have been no comments opposing the rule since the last five-year review in 2011. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Environmental Quality
Waste Management and Radiation Control, RadiationRoom Third Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Rusty Lundberg at the above address, by phone at 801-536-4257, by FAX at 801-533-4097, or by Internet E-mail at [e-mail]

Effective:

07/01/2016

Authorized by:

Brad Johnson, Deputy Director

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