No. 28931 (Amendment): R313-16. General Requirements Applicable to the Installation, Registration, Inspection, and Use of Radiation Machines

 

DAR File No.: 28931
Filed: 08/15/2006, 04:46
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule has been amended to reflect a legislative change in the authorizing statute (S.B. 24 (2005)), adds an authorization citation for a "Qualified Expert", and removes a requirement that has expired. (DAR NOTE: S.B. 24 (2005) is found at Chapter 10, Laws of Utah 2005, and was effective 02/25/2005.)

 

Summary of the rule or change:

The following changes are made: 1) one update to the authorizing statute has been made; 2) an authority statement has been added for a "Qualified Expert" and 3) a requirement that linear accelerator users register by 07/01/1999 has expired and has been removed.

 

State statutory or constitutional authorization for this rule:

Section 19-3-104

 

Anticipated cost or savings to:

the state budget:

There should be no fiscal impact to the state budget as there are no regulatory changes added and no implementation requirements.

 

local governments:

There should be no fiscal impact to local government, as there are no regulatory changes added and no implementation requirements.

 

other persons:

There should be no fiscal impact to other persons, as there are no regulatory changes added and no implementation requirements.

 

Compliance costs for affected persons:

There should be no fiscal impact to affected persons as there are no regulatory changes added and no implementation requirements.

 

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

This rule will not have fiscal impact on businesses because there are no regulatory changes and no implementation requirements. 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:

David Hogge at the above address, by phone at 801-536-4250, 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:

10/02/2006

 

This rule may become effective on:

10/20/2006

 

Authorized by:

Dane Finerfrock, Director

 

 

RULE TEXT

R313. Environmental Quality, Radiation Control.

R313-16. General Requirements Applicable to the Installation, Registration, Inspection, and Use of Radiation Machines.

R313-16-200. Purpose and Authority.

(1) The purpose of this rule is to prescribe requirements governing the installation, registration, inspection, and use of sources of electronically produced ionizing radiation. This rule provides for the registration of individuals providing inspection services to a facility where one or more radiation machines are installed or located.

(2) The rules set forth herein are adopted pursuant to the provisions of Subsections 19-3-104[(3)](4) and 19-3-104[(8)(a)](10).

 

R313-16-231. Additional Requirements for the Issuance of a Registration for Particle Accelerators Excluding Therapeutic Radiation Machines (See Rule R313-30).

(1) In addition to the requirements of Section R313-16-230, a registrant who proposes to use a particle accelerator shall submit an application to the Executive Secretary containing the following:

(a) information demonstrating that the applicant, by reason of training and experience, is qualified to use the accelerator in question for the purpose requested in a manner that will minimize danger to public health and safety or the environment;

(b) a discussion which demonstrates that the applicant's equipment, facilities, and operating and emergency procedures are adequate to protect health and minimize danger to public health and safety or the environment;

(c) the name and qualifications of the individual, appointed by the applicant, to serve as radiation safety officer pursuant to Section R313-35-140;

(d) a description of the applicant's or the staff's experience in the use of particle accelerators and radiation safety training; and

(e) a description of the radiation safety training the applicant will provide to particle accelerator operators.[

(2) Registrants who possess and use a particle accelerator that has been registered with the Department prior to January 1, 1999 shall submit a registration application that contains the information in Subsections R313-16-231(1)(a) through (e). The application shall be submitted by July 1, 1999.]

 

KEY: x-ray, inspections

Date of Enactment or Last Substantive Amendment: [August 12, 2005]2006

Notice of Continuation: July 10, 2006

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