No. 40578 (5-year Review): Rule R313-22. Specific Licenses

DAR File No.: 40578
Filed: 07/01/2016 10:25:09 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 within the Department of Environmental Quality. In accordance with Section 19-3-104, the Board is authorized to make rules that are necessary for controlling exposures to sources of radiation that constitute a significant health hazard.

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

During the period from the previous five-year review, eight substantive modifications to Rule R313-22 were made. The comments related to the specific language proposed in the modifications. No comments were received expressing support or opposition to the Rule R313-22 since the last five-year review.

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

It is necessary to continue this rule because it prescribes requirements for the issuance of "specific licenses" for control of radioactive material. This rule also needs to be continued to ensure that the state's rules are adequate to protect public health and safety, and meet compatibility requirements of the U. S. Nuclear Regulatory Commission's program. The rule prescribes procedures for filing an application to assure financial surety for decommissioning facilities where radioactive materials are used and requirements for "specific licenses" of broad scope. The requirements for issuance of "specific licenses" help ensure protection of public health and safety or property. No opposing comments have been received.

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:

• Ralph Bohn at the above address, by phone at 801-536-0212, by FAX at 801-536-0222, or by Internet E-mail at [e-mail]
• 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

---