DAR File No. 29335
This filing was published in the 01/01/2007, issue, Vol. 2007, No. 1, of the Utah State Bulletin.
Environmental Quality, Radiation Control
R313-70
Payments, Categories and Types of Fees
NOTICE OF PROPOSED RULE
DAR File No.: 29335
Filed: 12/15/2006, 10:43
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to change Section R313-70-1 to "Purpose and Authority" to be consistent with other Division rules, and to change the wording of the types of fees collected to accurately reflect the current fee structure.
Summary of the rule or change:
Sections R313-70-1 and R313-70-2 are changed to be consistent with other Division rules with a "Purpose and Authority" section. The changes in Section R313-70-7 are intended to clarify the types of fees assessed and collected by the Division. The changes do not represent new fees since all fees are set by the state legislature.
State statutory or constitutional authorization for this rule:
Subsection 19-3-104(6)
Anticipated cost or savings to:
the state budget:
Since the proposed changes are meant to accurately reflect current fees, there are no anticipated costs or savings to the state budget.
local governments:
There are no anticipated costs or savings to local government since the proposed changes do not modify current requirements with a fiscal impact.
other persons:
Since the proposed changes are meant to accurately reflect current fees, there are no anticipated costs or savings to other persons.
Compliance costs for affected persons:
Since the proposed changes are meant to accurately reflect current fees, there are no anticipated compliance costs affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
The proposed rule changes do not include any new fees or requirements for businesses and individuals possessing radioactive material or using x-ray machines in the State. Therefore, there are no fiscal impact on businesses from the proposed rule changes. 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 QualityRadiation 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
RULE TEXT
R313. Environmental Quality, Radiation Control.
R313-70. Payments, Categories and Types of Fees.
R313-70-1. Purpose and Authority[General].
(1) The purpose of this rule is to prescribe the requirements to assess fees of registrants and licensees possessing sources of radiation.
(2) The rules set forth herein are adopted pursuant to the provisions of Subsection 19-3-104(6).
R313-70-2. Scope.
The requirements of R313-70 apply[applies]
to persons who receive, possess, or use sources of radiation provided:[,]
however, that nothing in these rules shall apply to the extent a person is
subject to regulation[s] by the U.S. Nuclear Regulatory Commission.[ The fees charged are authorized by
subsection 19-3-104(4) of the Environmental Quality Code.]
R313-70-7. License Categories and Types of Fees for Radioactive Materials Licenses.
Fees shall be established in accordance with the Legislative Appropriations Act. Copies of established fee schedules may be obtained from the Executive Secretary.
TABLE
LICENSE CATEGORY TYPE OF FEE
(1) Special Nuclear
Material
(a) Licenses for New License or Renewal
possession and use Annual Fee
of special nuclear
material in sealed
sources contained
in devices used in
industrial
measuring systems,
including x-ray
fluorescence
analyzers and neutron
generators.
(b) Licenses for New License or Renewal
possession and use Annual Fee
of less than 15 g
special nuclear
material in
unsealed form for
research and
development.
(c) All other New License or Renewal
special nuclear Annual Fee
material licenses.
(d) Special New License or Renewal
nuclear material Annual Fee
to be used as
calibration and
reference sources.
(2) Source
Material.
(a) Licenses for New License or Renewal
concentrations Annual Fee
of uranium from Review Fees
other areas like
copper or phosphates
for the production
of moist, solid,
uranium yellow
cake.
(b) Licenses for Monthly fee for active[Annual Fee]
possession and use or inactive mill
of source material Review Fees
in extraction
facilities such as
conventional milling,
in-situ leaching, heap
leaching, and other
processes including
licenses authorizing
the possession of
byproduct material
(tailings and other
wastes) from source
material extraction
facilities, as well
as licenses authorizing
the possession and
maintenance of a
facility in a standby
mode, and licenses that
authorize the receipt
of byproduct material,
as defined in Section
19-3-102, from other
persons for possession and
disposal incidental to the
disposal of the uranium waste
tailings generated by the
licensee's milling
operations.
(c) Licenses that Application Fee[Annual Fee]
authorize the receipt of New License or Renewal
byproduct material, as Monthly Fee
defined in Section
19-3-102, from other
persons for possession
and disposal.
(d) Licenses for New License or Renewal
possession and use of Annual Fee
source material for
shielding.
(e) All other New License or Renewal
source material Annual Fee
licenses.
(3) Radioactive
Material Other
than Source
Material and
Special Nuclear
Material.
(a)(i) Licenses of New License or Renewal
broad scope for Annual Fee
possession and use of
radioactive material
for processing or
manufacturing of
items containing
radioactive
material for
commercial
distribution.
(a)(ii) Other New License or Renewal
licenses for Annual Fee
possession and use of
radioactive material
for processing or
manufacturing of items
containing radioactive
material for commercial
distribution.
(b) Licenses New License or Renewal
authorizing the Annual Fee
processing or
manufacturing and
distribution or
redistribution of
radio-
pharmaceuticals,
generators, reagent
kits, or sources or
devices containing
radioactive material.
(c) Licenses New License or Renewal
authorizing Annual Fee
distribution or
redistribution of
radiopharmaceuticals,
generators, reagent
kits, or sources or
devices not
involving
processing of
radioactive
material.
(d) Licenses for New License or Renewal
possession and Annual Fee
use of radioactive
material for
industrial
radiography
operations.
(e) Licenses for New License or Renewal
possession and use Annual Fee
of sealed sources
for irradiation
of materials
in which
the source is not
removed from its
shield (self-
shielded units).
(f)(i) Licenses for New License or Renewal
possession and use Annual Fee
of less than
10,000 curies of
radioactive
material in sealed
sources for
irradiation of
materials in which
the source
is exposed for
irradiation purposes.
(f)(ii) Licenses New License or Renewal
for possession Annual Fee
and use of 10,000
curies or more
of radioactive
material in sealed
sources for
irradiation
of materials in
which the source
is exposed
for irradiation
purposes.
(g) Licenses to New License or Renewal
distribute items Annual Fee
containing
radioactive
material that
require device
review to persons
exempt from the
licensing
requirements of
R313-19, except
specific licenses
authorizing
redistribution of
items that have
have been authorized
for distribution to
persons exempt from
the licensing
requirements of
R313-19.
(h) Licenses to New License or Renewal
distribute items Annual Fee
containing
radioactive
material or
quantities of
radioactive material
that do not require
device evaluation to
persons exempt
from the licensing
requirements of
R313-19, except
for specific licenses
authorizing
redistribution of
items that have been
authorized for
distribution to
persons exempt from
the licensing
requirements of
R313-19.
(i) Licenses to New License or Renewal
distribute items Annual Fee
containing radio-
active material
that require sealed
source or device
review to persons
generally licensed
under R313-21, except
specific licenses
authorizing
redistribution of
items that have been
authorized for
distribution to
persons generally
licensed under
R313-21.
(j) Licenses to New License or Renewal
distribute Annual Fee
items containing
radioactive material
or quantities of
radioactive material
that do not require
sealed source or
device review to
persons generally
licensed under
R313-21, except
specific licenses
authorizing
redistribution of
items that have been
authorized for
distribution to
persons generally
licensed under
R313-21.
(k) Licenses for New License or Renewal
possession and use Annual Fee
of radioactive
material for
research and
development,
which do not
authorize commercial
distribution.
(l) All other New License or Renewal
specific radioactive Annual Fee
material licenses.
(m) Licenses of New License or Renewal
broad scope for Annual Fee
possession and use of
radioactive material
for research and
development
which do
not authorize
commercial
distribution.
(n) Licenses that New License or Renewal
authorize services Annual Fee
for other licensees,
except licenses that
authorize leak
testing or waste
disposal services
which are subject to
the fees specified
for the listed
services.
(o) Licenses that New License or Renewal
authorize Annual Fee
services for
leak testing only.
(4) Radioactive
Waste Disposal:
(a) Licenses Application Fee
specifically New License or Renewal
authorizing the Siting Review Fee
receipt of
waste radioactive
material from other
persons for the
purpose of
commercial disposal
by land by the
licensee.
(b) Licenses New License or Renewal
specifically Annual Fee
authorizing the
receipt of waste
radioactive material
from other persons
for the purpose of
packaging or
repackaging the
material. The
licensee will
dispose of the
material by
transfer to
another person
authorized to
receive or
dispose of the
material.
(c) Licenses New License or Renewal
specifically Annual Fee
authorizing the
receipt of
prepackaged waste
radioactive
material from
other persons.
The licensee will
dispose of the
material by
transfer to
another person
authorized to
receive or dispose
of the material.
(d) Licenses New License or Renewal
authorizing Annual Fee
packaging of
radioactive waste
for shipment
to waste disposal
site where licensee
does not take
possession of
waste material.
(5) Well logging,
well surveys and
tracer studies.
(a) Licenses for New License or Renewal
possession Annual Fee
and use of
radioactive material
for well logging,
well surveys and
tracer studies other
than field flooding
tracer studies.
(b) Licenses for New License or Renewal
possession and use of Annual Fee
radioactive material
for field flooding
tracer studies.
(6) Nuclear
laundries.
(a) Licenses for New License or Renewal
commercial Annual Fee
collection and
laundry of items
contaminated with
radioactive
material.
(7) Human use of
radioactive
material.
(a) Licenses New License or Renewal
for human use Annual Fee
of radioactive
material in
sealed sources
contained in
teletherapy
devices.
(b) Other licenses New License or Renewal
issued for human Annual Fee
use of radioactive
material, except
licenses for use
of radioactive
material contained
in teletherapy
devices.
(c) Licenses of New License or Renewal
broad scope issued Annual Fee
to medical
institutions or two
or more physicians
authorizing research
and development,
including human use
of radioactive
material, except
licenses for radio-
active material in
sealed sources
contained in
teletherapy devices.
(8) Civil Defense.
(a) Licenses for New License or Renewal
possession and use Annual Fee
of radioactive
material for civil
defense activities.
(9) Power Source.
(a) Licenses for New License or Renewal
the manufacture and Annual Fee
distribution of
encapsulated
radioactive
material wherein
the decay energy
of the material is
used as a source
for power.
(10) General
License.
(a) Measuring, Fee per device[registration certificate]
gauging and
control devices as
described in
R313-21-22(4),
other than
hydrogen-3 (tritium)
devices and
polonium-210
devices containing
no more than 10
millicuries used
for producing light
or an ionized
atmosphere.
(b) In Vitro testing Fee per registration certificate
(c) Depleted uranium Fee per registration certificate
(d) Reciprocal Annual fee for license category
recognition, as listed in R313-70-7(1) through[(10),]
provided for in (10), per 180 days in one calendar[year]
R313-19-30, of a year
license issued by
the U.S. Nuclear
Regulatory Commission,
an Agreement State or
a Licensing State.
KEY: radioactive materials, x-rays, registration, fees
Date of
Enactment or Last Substantive Amendment:
[September 12, 2002]2007
Notice of Continuation: October 5, 2006
Authorizing, and Implemented or Interpreted Law: 19-3-104(6)
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact 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
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.
Last modified: 12/28/2006 3:18 PM