UNITED STATES

N uC¡-EAR H EG t iLATORY COtul tul lSSl0ftl

wASHINGTON, D.C. 20555-000.1

March 8,2004

Dane Finerfrock, Director

Division of Radiation Control

Department of Environmental Quality

168 North 1950 West, P.O. Box 144850

Salt Lake City, Utah 84114-4850

Dear Mr. Finerfrock:

We have reviewed the final revisions to the Utah Administrative Code Title R313,

"Environmental Quality, Radiation Control", received by our office on February 26,2004. ln

addition, we reviewed your responses to our letter, dated October 15, 2003, which contained

our comments on your proposed version of these rules. These regulations were reviewed by

comparison to the equivalent Nuclear Regulatory Commission (NRC) regulations in 10 CFR

Parts 30, 31 and 32 and the requirements of the one amendment identified in the enclosed

States Regulation Status Data Sheet (SRS). We discussed our review of the regulations with

Philip Griffin on February 26,2004.

As a result of our review, we have no comments. Please note that we have limited our review

to regulations required for compatibility and/or health and safety. We have determined that the

regulations, as adopted, meet the compatibility and health and safety categories established in

the Office of State and Tribal Programs (STP) Procedure SA-200.

The SRS Data Sheet summarizes our knowledge of the status of other Utah Regulations, as

indicated. Please let us know if you note any inaccuracies, or have any comments on the

information contained in the SRS Data Sheet. This letter, including the SRS Data Sheet, is

posted on the STP website: http://www. hrsd.ornl.qov/n rclrulemakinq.htm.

lf you have any questions regarding the comments, the compatibility and health and safety

categories, or any of the NRC regulations used in the review, please contact me, or John Zabko

of my staff at (301)415-2308 or JGZ@ NRC.GOV.

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

Enclosures

As stated
State of Utah

Department of

Environmental Quality

Dianne R. Nielson, Ph.D.

Executive Director

DTVISION OF RADIATION

CONTROL

Dane L Finerfrock

Direrlor

OLENES WALKER

Goventor

GAYLE F McKEACHNIE

Lieuîenanî Goventor

February 18,2004

Josephine Piccone, Deputy Director

Office of State and Tribal Programs

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Dear Ms. Piccone:

Enclosed are the final revisions to the Utah Radiation Control Rules (URCR) R313-19-50, "Reporting

Requirements" (effective date 12112/03); R3l3-21, "General Licenses" (effective date I2112103); and

R313-22, "Specific Licenses" (effective date I2ll2l03). These frnal regulations contain the requirements

of the following equivalent amendments to NRC's regulations: RATS ID# 2001-1, and suggested changes

provided by John Zabko in an e-mail dated 8l2ll03 arising from the Office of General Counsel's review of

the URCR.

The proposed regulations are being submitted as final regulations without change

We believe that adoption of these revisions satisfies the compatibility and health and safety categories

established in the Office of State and Tribal Programs (STP) Procedure SA-200.

If you have any questions, please feel free to contact me at (801) 536-4250, or Philip Griffin of my staff at

(80 I ) 536-4250 or pgriffin @utah. gov.

Sincerely,

Utah Division Radiation Control

John Zabko, Office of State and Tribal Programs

U.S. Nuclear Regulatory Commission

Enclosures

cc

168 North 1950 West . PO Box 144850. Salt Lake City, UT 84114-4850. phone (801) 536-4250. fax (801) 533-4097

T D D. (801) 536-44'14. www.der¡.utah.gov Where ideas coilnecl''
R313. Environmental QuaLity, Radiation Control.

R313-L9. Requirements of General AppLicability to Licensíng of

Radioactive Material.

R313-19-50. Reporting Requirements.

(1) Licensees sha1l notify the Executive Secretary as soon

as possible but not later than four hours after the discovery of

an event that prevents immediate protective actions necessary to

avoid exposures to radiation or radioactive materials that could

exceed regulatory l-imits or releases of licensed material that

could exceed reg'ulatory limits. Events may incl-ude f ires,

explosions, toxic gas releases, etc.

(2) The following evenLs involving licensed material require

notification of t.he Executive Secretary by the licensee within 24

hours:(a) an unplanned contamination event that:

(i) requires access to the contamination area, by workers or

the public, to be restricted for more than 24 hours by imposing

additional radiological controls or by prohibiting entry into the

area; (ii) involves a quantity of material greater than five times

the lowest annual limit on intake specified in Appendix B of 10

CFR 20.1001- through 20.2402 (t+tt01 2001,), which is incorporat.ed by

reference, for the material; and

(iii) has access to the area restricted for a reason other

than to allow radionuclides with a half-life of less than 24 lnours

to decay prior to decontamination; or

(b) an event in which equipment is disabled or fails to

function as designed when:

(i) the equipment is required by rule or license condition

to prevent releases exceeding regrulatory limits, to prevent

exposures to radiation and radioactive materials exceeding

regulatory limits, or to mitigate the consequences of an accident;

(ii) t.he equipment is required by rule or license condition

to be available and operable; and

(iii) no redundant equipment is available and operable to

perform the required safety funcLion; or

(c) an event that requires unplanned medical Lreatment at a

medical facility of an individual with spreadable radioactive

contamination on the individual's clothing or body; or

(d) an unplanned fire or explosíon damaging licensed

material or a device, container, or equipment containing licensed

material when:

(i) the quantity of material involved is greater than five

times the lowest annual limit on intake specified in Appendix B of

10 CFR 20.1-001 through 20.2402 (t+S+01 2001,) , which is incorporated

by reference, for the material; and

(ii ) the damage af f ects t.he integrity of the licensed

material or its container.

(3) Preparation and submission of reports. Reports made by

licensees in response to the requirements of Section R313-19-50

must be made as follows:

(a)

material

For radioactive materials, other than special nuclear

licensees shall make reports required by Subsections

R313-19-50(1) and (2) by telephone to the Executive Secretary. To
the extenL that the information is available at the time of

notification, Lhe information provided in t.hese reports must

include:

(i) the caller's name and call back telephone number,'

(ii) a description of the event, including daLe and time;

(iii) the exact location of Lhe event;

(iv) the radionuclides, quantities, and chemical and

physical form of the licensed material involved; and

(v) available personnel radiation exposure data.

(b) For scecial nuc l-ear materials, licensees shall make

reports required by SubsecLions R313-L9-50(1) and (2) bv telephone

to the Executive Secretarv. To the extent that. the information is

available at t.he time of notification, the information provided in

these reports must include (i) the caller's name, position tit1e, and call-back

telephone number; (ii) the date, t.ime, and exact location of the event; and

(iii)a description of the event, includinq:

A radiolo ical or chemical hazards involved includi

isoLoces, quant t. CS, and chemical and phvsical form of anv

material released and (B) actual orootential healt.h and saf etv conseguences to

the workers the ublic and the environment includin relevant

chemical and r ation data for actual personnel exposures to

radiation or radioactive materials or lnazardous chemicals roduced

from radioactive mater a1s (e. q level of radiation exposure,

concentration of chemicals, and duration of exposure )

( tbl c) wri

nuclear materials

tten report for materials other than special

A licensee who makes a report required by

Subsections R31-3-1-9-50 (1) or (2) shall submit a written f o1low-up

reporL within 30 days of the initial report. Written reports

prepared pursuant Lo other rules may be submitted to fulfill this

requirement if the reports contain all of the necessary

information and the appropriate distribution is made. These

written reports shall be senL to the Executive Secretary. The

report shall include the following:

(i) A description of the event, including the probable cause

and the manufacturer and model number, if applicable, of equipment

that failed or malfunctioned;

(ii) the exact location of the event;

(iii) the radionuclides, quantities, and chemical and

physical form of the licensed material- involved;

(iv) date and time of the event;

(v) corrective actions taken or planned and results of

evaluations or assessments; and

(vi) the extenL of exposure of individuals to radiation or

radioactive materials without identification of individuals by

name. (d) Written report f or s-oecial nuclear material A

licensee who makes a report required by Subsections R313 -L9-50 ( f )

or (2) shall submit a written follow-up re'oort within 30 days of

contain a1l of the necessarv information and the apcro'oriate
distribution is made These written reports shall be senL to the

ExecuLive Secretary. The report shal1 include the followinq:

(i ) t.he c c)m1l lete a'or¡licable inf ormat.ion recl.tl ired bv

Subsect.ion R313-19-50 (3 ) (b) ;

(ii) the probable cause of the event, includinq all factors

that contributed to the event and the manufacturer and model

number (if applicable) of anv esuipment that failed or

malfunctioned and

( iii ) corrective

occurrence of similar or identical events in the future and the

resulLs of any ewaluations or assessments

KEY: license, reciprocíty, transportation,

t@l2oo4

Notice of Continuation October 10, 2001

19-3 -1"O4

19-3 -108

exemptions

actions taken or planned to prevent
UTAH RADIATION CONTROL RULES

BOARD ACTION ITEM

to R3l to

Material." 13-2l "General Lic -" and R313-22 "S I-icenses."

Philip Griffin of the DRC staff will provide the Board with information about a proposed

change to the Utah Radiation Control Rules. A copy of the sections of the rules to be

changed is included in the Board packet. Please note that the text to be deleted is

bracketed and with strikethrough text, ttbedl. The text to be added is underlined, abcd.

The reasons for the rule changes are as follows:

R313-19-50 The changes to this rule change the editìon date of an incotporated

Nuclear Regulatory Commission (NRC) regulation, and adds

information regarding the licensee' s incident reporting requirements

for special nuclear material. (The latter change was identified by the

NRC as an item of program compatibility.)

Pt313-2r-2r The changes incotporate various text changes, including correcting

typographical erors.

VC

R3t3-2r-22

R313-22-35

The major changes incorporate changes to the Division's General

License program due to changes to NRC's program, and the need for

Utah's program to be compatible with NRC's program. The minor

changes incorporate various text changes.

New requirements were added to facilitate the review and processing

of financial assurance methods.

R3r3-22-15 The major changes incorporate changes to the Division's Specific

License program for licensees manufacturing and/or distributing

devices under a General License. The changes to NRC's Licensing

program necessitate the rule changes in order to keep Utah's program

compatible with NRC's program. The minor changes incorporate

various text changes.

Recommendation

The Executive Secretary recommends that the Board approve the proposed changes to the

Utah Radiation Control Rules, direct staff to file the changes for rulemaking, and direct

staff to give notice to the public of a 30-day comment period.
Page I of I

Philip Griffin - Your Regulation Submission

From:

To:

Date:

Subject:

CC:

"John Zabko" <JGZ@nrc.gov>

<CWjones @Utah.gov>

812112003 9:18 AM

Your Regulation Submission

"Josephine Piccone" <JMPI @nrc.gov>, "Patricia McGrady-Finneran" <PXMI @nrc.gov>

Claig,

Youi regulation review is compete and you will be receiving our letter soon. Our Office of General Counsel flagged one

item in your rules that we had to included as a comment. You submitted rules are still found to be compatible overall, this

comment means that one section needs some work. Since the comment ìt is not in a major Health and Safety area, you may

amend your rule in a time frame that suits your State policies. There is no rush. You may also, as it will say in the letter,

show SîP where your rules do meet the NRC requirements and ask us to withdraw the comment. This is acceptable as well.

Here is the comment: The State's version of Reporting Requirements in Rl3-19-50 paraphrases NRC reporting sections,

which is fine because this is a Compatibility C category, but the State has omitted the equivalent to 70.50 C(lXiii) A and B

as well as 70.50 C (2) (i) and (ii) and (iii).

You will note that the reporting requirements are the same in 30.50,40.60 and 70.50, with the exception of in 70.50 the NRC

has added the sections the State omitted. I think what the State dìd was incorporate the reporting requirements of 30'50 and

40.60 and did not understand that there was this little extra section for Special Nuke material in 70.50'

Ifyou have any questions please feel free to call 301.415.2308

Thank you

John Zabko

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