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

  (1) The Director shall give public notice of and provide an opportunity to comment on the following:

  (a) A proposed major licensing action for license categories 2b and c, 4a, b, c, d and 6 identified in Section R313-70-7.

  (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 Director 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 Director to take public comment on those proposed activities.

  (2) The Director 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.

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

  (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.

  (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 Waste Management and Radiation Control website, or

  (c) Distribution by an electronic mail server.