Summary
On 07/13/2017, the Waste Management and Radiation Control Board authorized the proposed changes to be published for public review and comment. Proposed changes to Rules R313-12, R313-19, R313-21, and R313-22 reflect those revisions made by the NRC to selected sections of 10 CFR Part 40, as promulgated on 05/29/2013 (78 FR 32310). The majority of the changes are required to retain regulatory compatibility for the radioactive materials program, other proposed changes provide added clarification or correct textual errors. Specifically, incorporating the revisions promulgated by the NRC into the appropriate sections of Rule R313-19 require the initial distribution of source material to exempt persons or to general licensees be explicitly authorized by a specific license and institute new reporting requirements to provide timely information on the types and quantities of source material distributed for use either under exemption or by general licensees. In addition, the rule modifies the existing possession and use requirements of the general license for small quantities of source material to better align the requirements with current health and safety standards. The regulatory amendments will create a regulatory framework for the initial distribution of source material to inform the Division, in the event of any manufacturer or distributor of source material becomes licensed in Utah, of what types and quantities of products containing source material are distributed for use under the exemptions from licensing and to identify persons using significant quantities of source material under the general license in Section R313-21-21. It will also ensure that general licensees under Section R313-21-21 are informed of applicable regulations before they obtain source material. Also, the proposed rule changes revise, clarify, or delete certain source material exemptions from licensing to make the exemptions more risk informed. The NRC's final rule and the associated proposed rule changes in the Utah radiation control rules also affect the possession and use of source material under a general license or an applicable license exemption. Proposed changes in the Exemptions section (R313-19-13) are being made to be compatible with the corresponding NRC regulations of 10 CFR 40.13 as promulgated on 05/29/2013 (78 FR 32310) regarding the distribution of certain quantities of source material (radioactive material containing uranium and/or thorium). The associated dates noted in the proposed changes in Section R313-19-13 are proposed to be 10/16/2017 based on the Waste Management and Radiation Control Board's action, during their scheduled meeting on 10/12/2017 to set the effective date of the rule changes as 10/16/2017. The edition date of the two incorporations by reference in Section R313-19-50 to Appendix B of 10 CFR Part 20 are updated from 2010 to 2017.