DAR File No. 29333

Environmental Quality, Radiation Control

R313-25

License Requirements for Land Disposal of Radioactive Waste - General Provisions

NOTICE OF PROPOSED RULE

DAR File No.: 29333
Filed: 12/15/2006, 10:40
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the amendment is to change Section R313-25-1, Purpose and Scope, to "Purpose and Authority" consistent with other Division rules, and to update an incorporated Federal regulation to the current edition.

Summary of the rule or change:

The rule change modifies Section R313-25-1 to be "Purpose and Authority" consistent with other rules of the Division of Radiation Control. A change in Subsection R313-25-33(8)(a)(i) updates a Federal regulation that is incorporated by reference to the current edition.

State statutory or constitutional authorization for this rule:

Subsections 19-3-104(4), 19-3-104(8), 19-3-104(11), and 19-3-104(12)

This rule or change incorporates by reference the following material:

Appendix G of 10 CFR 20.1001 to 20.2402 (2006)

Anticipated cost or savings to:

the state budget:

The proposed changes would not have any impact on the state budget since the changes do not modify any current requirement with a financial impact.

local governments:

The proposed changes would not have any impact on any local government budget since the changes do not modify any current requirement with a financial impact.

other persons:

The proposed changes would not have any financial impact on other persons since the changes do not modify any current requirement with a financial impact.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with the proposed rule changes since the changes do not modify any current requirement with a financial impact.

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

The proposed rule changes are not anticipated to have any financial impact on businesses since the changes modify the format of the affected rule and update an incorporated Federal regulation that businesses are subject to already. 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:

Philip Griffin at the above address, by phone at 801-536-4261, by FAX at 801-533-4097, or by Internet E-mail at pgriffin@utah.gov

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:

01/31/2007

This rule may become effective on:

03/16/2007

Authorized by:

Dane Finerfrock, Director

R313. Environmental Quality, Radiation Control.

R313-25. License Requirements for Land Disposal of Radioactive Waste - General Provisions.

R313-25-1. Purpose and Authority[Scope].

(1) The purpose of this rule is to prescribe the requirements for the issuance of[The rules in this chapter establish procedures, criteria, and terms and conditions upon which the Executive Secretary issues] licenses for the land disposal of wastes received from other persons.

(2) The rules set forth herein are adopted pursuant to the provisions of Subsections 19-3-104(4), 19-3-104(8), 19-3-104(11), and 19-3-104(12).

(3) The requirements of R313-25 are in addition to, and not in substitution for, other applicable requirements of these rules.

 

R313-25-33. Maintenance of Records, Reports, and Transfers.

(1) Licensees shall maintain records and make reports in connection with the licensed activities as may be required by the conditions of the license or by the rules and orders of the Executive Secretary.

(2) Records which are required by these rules or by license conditions shall be maintained for a period specified by the appropriate rules or by license condition. If a retention period is not otherwise specified, these records shall be maintained and transferred to the officials specified in R313-25-33(4) as a condition of license termination unless the Executive Secretary otherwise authorizes their disposition.

(3) Records which shall be maintained pursuant to R313-25 may be the original or a reproduced copy or microfilm if this reproduced copy or microfilm is capable of producing copy that is clear and legible at the end of the required retention period.

(4) Notwithstanding R313-25-33(1) through (3), copies of records of the location and the quantity of wastes contained in the disposal site shall be transferred upon license termination to the chief executive of the nearest municipality, the chief executive of the county in which the facility is located, the county zoning board or land development and planning agency, the State Governor, and other state, local, and federal governmental agencies as designated by the Executive Secretary at the time of license termination.

(5) Following receipt and acceptance of a shipment of waste, the licensee shall record the date that the shipment is received at the disposal facility, the date of disposal of the waste, a traceable shipment manifest number, a description of any engineered barrier or structural overpack provided for disposal of the waste, the location of disposal at the disposal site, the condition of the waste packages as received, discrepancies between the materials listed on the manifest and those received, the volume of any pallets, bracing, or other shipping or onsite generated materials that are contaminated, and are disposed of as contaminated or suspect materials, and evidence of leakage or damaged packages or radiation or contamination levels in excess of limits specified in U.S. Department of Transportation and Executive Secretary regulations or rules. The licensee shall briefly describe repackaging operations of the waste packages included in the shipment, plus other information required by the Executive Secretary as a license condition.

(6) Licensees authorized to dispose of waste received from other persons shall file a copy of their financial report or a certified financial statement annually with the Executive Secretary in order to update the information base for determining financial qualifications.

(7)(a) Licensees authorized to dispose of waste received from other persons, pursuant to R313-25, shall submit annual reports to the Executive Secretary. Reports shall be submitted by the end of the first calendar quarter of each year for the preceding year.

(b) The reports shall include:

(i) specification of the quantity of each of the principal contaminants released to unrestricted areas in liquid and in airborne effluents during the preceding year;

(ii) the results of the environmental monitoring program;

(iii) a summary of licensee disposal unit survey and maintenance activities;

(iv) a summary, by waste class, of activities and quantities of radionuclides disposed of;

(v) instances in which observed site characteristics were significantly different from those described in the application for a license; and

(vi) other information the Executive Secretary may require.

(c) If the quantities of waste released during the reporting period, monitoring results, or maintenance performed are significantly different from those predicted, the report shall cover this specifically.

(8) In addition to the other requirements in R313-25-33, the licensee shall store, or have stored, manifest and other information pertaining to receipt and disposal of radioactive waste in an electronic recordkeeping system.

(a) The manifest information that must be electronically stored is:

(i) that required in Appendix G of 10 CFR 20.1001 to 20.2402, (2006)[1997 ed.], which is incorporated into these rules by reference, with the exception of shipper and carrier telephone numbers and shipper and consignee certifications; and

(ii) that information required in R313-25-33(5).

(b) As specified in facility license conditions, the licensee shall report the stored information, or subsets of this information, on a computer-readable medium.

 

KEY: radiation, radioactive waste disposal

Date of Enactment or Last Substantive Amendment: [May 9, 2003]2007

Notice of Continuation: October 5, 2006

Authorizing, and Implemented or Interpreted Law: 19-3-104; 19-3-108