DAR File No. 28720

Environmental Quality, Radiation Control

R313-26

Generator Site Access Permit Requirements for Accessing Utah Radioactive Waste Disposal Facilities

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 28720
Filed: 05/09/2006, 10:10
Received by: NL

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:

The Radiation Control Act, Section 19-3-104, provides the Radiation Control Board authority to make rules to protect the public and environment from significant sources of radiation. Section 19-3-106.4 requires a generator or broker of Low-level radioactive waste to obtain a site access permit prior to transferring or shipping waste to a commercial radioactive waste treatment or disposal facility. The purpose of this rule is to establish procedures, criteria, and terms and conditions upon which the Executive Secretary issues permits to generators accessing a land disposal facility located within the State. This rule also contains requirements for persons who ship radioactive waste to a broker or land disposal facility.

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

An amendment to Rule R313-26 was filed on 05/14/2003, with an effective date of 08/08/2003. A public comment period was held from 06/01/2003 to 07/01/2003. During this public comment period, no written comments were received.

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 establishes the requirements for accessing commercial radioactive waste facilities in Utah. The rule also provides regulation for compliance inspections of shipments.

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

Direct questions regarding this rule to:

John Hultquist at the above address, by phone at 801-536-4623, by FAX at 801-536-4250, or by Internet E-mail at jhultquist@utah.gov

Authorized by:

Dane Finerfrock, Director

ADDITIONAL INFORMATION

PLEASE NOTE:

• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact John Hultquist at the above address, by phone at 801-536-4623, by FAX at 801-536-4250, or by Internet E-mail at jhultquist@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.