Utah Admin. Code R313-32-2 - Clarifications or Exceptions
For Rule R313-32, 10 CFR 35.2 through 35.7; 35.10(d) through 35.10(f); 35.11(a) through 35.11(b); 35.12; and 35.13(b) through 35.3204 (2022) are incorporated by reference with the following clarifications or exceptions:
(1) The exclusion of the following:
(a) in
10 CFR
35.2, exclude definitions for "Address of
Use ," "Agreement State ," "Area of Use ," "Dentist ," "Pharmacist ," "Physician ,"
"Podiatrist ," and "Sealed Source ";
(b) in
10 CFR
35.19, exclude "or the common defense and
security";
(c) in
10 CFR
35.3067, exclude ", with a copy to the
Director , Office of Nuclear Material Safety and Safeguards"; and
(d) in
10 CFR
35.3045(d), 10 CFR 3047(d),
10 CFR
35.3067, and
10 CFR
35.3204(b), exclude "By an
appropriate method listed in Sec. 30.6(a) of this
chapter,".
(2) The
substitution of the following date references:
(a) "May 13, 2005" for "October 24, 2002";
and
(b) "December 31, 2019" for
"January 14, 2019".
(3)
The substitution of the following rule references:
(a) "Rules R313-32 and R313-15" for reference
to "this part and 10 CFR Part 20 " in
10 CFR
35.61(a);
(b) "Rule R313-15" for reference to "Part 20
of this chapter" in 10 CFR
35.70(a) and
10 CFR
35.80(a)(4);
(c) "Rules R313-19 and R313-22" for reference
to "Part 30 of this chapter" in
10 CFR
35.18(a)(4);
(d) "Rules R313-19 and R313-22 or equivalent
Nuclear Regulatory Commission or Agreement State requirements" for reference to
" 10 CFR Part 30 or the equivalent requirements of an Agreement State " in
10 CFR
35.49(c);
(f) "Rules R313-15, R313-19, and R313-22" for
reference to "parts 20 and 30 of this chapter" as found in
10 CFR
35.63(e)(1);
(h) "Section
R313-15-101" for reference to
"Sec. 20.1101 of this chapter" as found in
10 CFR
35.24(a);
(i) "Subsection
R313-15-301(1)(a)"
for reference to "Sec. 20.1301(a)(1) of this chapter" as found in
10 CFR
35.310(a)(2)(i) and
10 CFR
35.410(a)(4)(i);
(j) "Subsection
R313-15-301(1)(c)"
for reference to "Sec. 20.1301(c) of this chapter" as found in
10 CFR
35.310(a)(2)(ii) and
10 CFR
35.410(a)(4)(ii);
(k) "Section
R313-15-501" for reference to
"Sec. 20.1501 of this chapter" as found in
10 CFR
35.652(a);
(l) "Section
R313-18-12" for reference to
"Sec. 19.12 of this chapter" as found in
10 CFR
35.27(a)(1),
10 CFR
35.27(b)(1),
10 CFR
35.310, and
10 CFR
35.410;
(m) "Rules R313-19, R313-22 and Subsection
R313-22-75(10)
or equivalent U.S. Nuclear Regulatory Commission or Agreement State
requirements" for reference to " 10 CFR Part 30 and Sec. 32.74 of this chapter
or equivalent requirements of an Agreement State " as found in
10 CFR
35.49(a);
(n) "Subsection
R313-22-75(10)
or equivalent Nuclear Regulatory Commission or Agreement State requirements"
for references to "Sec. 32.74 of this chapter or equivalent Agreement State
regulations" found in 10 CFR
35.65(a)(1) and
10 CFR
35.65(a)(2);
(o) "Rule R313-70" for reference to "Part 170
of this chapter";
(p) "Subsection
R313-19-34(2)"
for reference to "Sec. 30.34(b) of this chapter" as found in
10 CFR
35.14(b)(4);
(s) "Subsection
R313-22-75(9)(b)(iv)"
for reference to "Sec. 32.72(b)(4)" in
10 CFR
35.2 for the definition of Authorized Nuclear
Pharmacist ;
(t) "Subsection
R313-22-75(9)
or equivalent Nuclear Regulatory Commission or Agreement State requirements"
for reference to "Sec. 32.72 of this chapter or equivalent Agreement State
requirements" as found in 10
CFR 35.63(b)(2)(i),
10 CFR
35.63(c)(3)(i),
10 CFR
35.100(a)(1),
10 CFR
35.200(a)(1), and
10 CFR
35.300(a)(1); and
(u) "Subsection
R313-22-32(9)
or equivalent Nuclear Regulatory Commission or Agreement State requirements"
for reference to "Sec. 30.32(j) of this chapter or equivalent Agreement State
requirements" as found in 10
CFR 35.63(b)(2)(iii),
10 CFR
35.63(c)(3)(ii),
10 CFR
35.100(a)(2),
10 CFR
35.200(a)(2), or
10 CFR
35.300(a)(2).
(4) The substitution of the following terms:
(a) "radioactive material " for reference to
"byproduct material";
(b) "a
director , a Nuclear Regulatory Commission , or Agreement State " for reference to
"an NRC or Agreement State " in
10 CFR
35.63(b)(2)(ii),
10 CFR
35.100(c),
10 CFR
35.200(c), or
10 CFR
35.300(c);
(c) "director is (801) 536-0200 or after
hours, (801) 536-4123" for "NRC Operations Center is (301) 816-5100" as found
in the footnote included for 10 CFR
35.3045(c);
(d) "Form DWMRC-01, 'Application for
Radioactive Material License '" for reference to "NRC Form 313, 'Application for
Material License '" as found in
10 CFR
35.12(b)(1),
10 CFR
35.12(c)(1)(i) and
10 CFR
35.18(a)(1);
(e) "Form DWMRC-01" for reference to "NRC
Form 313" as found in 10 CFR
35.12(c)(1)(ii);
(f) "medical use license issued by the
director " for reference to "NRC medical use license " in
10 CFR
35.6(c);
(g) "director , the U.S. Nuclear Regulatory
Commission , or an Agreement State " for reference to "Commission or Agreement
State " in 10 CFR
35.2 for the definitions of Authorized
Medical Physicist (2)(i), Authorized Nuclear Pharmacist (2)(iii) and Radiation
Safety Officer (2)(i), in 10
CFR 35.57(b)(1), first
instance, 10 CFR
35.57(b)(2), first instance,
10 CFR
35.433(a)(2)(i); or for
references to "Commission or an Agreement State " in
10 CFR
35.2 for the definitions of Associate
Radiation Safety Officer (2)(i) and Ophthalmic Physicist (2)(i),
10 CFR
35.11(a),in
10 CFR
35.50(a),
10 CFR
35.50(a)(2)(ii)(A),
10 CFR
35.50(c)(1),
10 CFR
35.51(a),
10 CFR
35.51(a)(2)(i),
10 CFR
35.55(a),
10 CFR
35.190(a),
10 CFR
35.290(a),
10 CFR
35.390(a),
10 CFR
35.392(a),
10 CFR
35.394(a),
10 CFR
35.396(a)(3),
10 CFR
35.433(a)(2)(i),
10 CFR
35.490(a),
10 CFR
35.590(a),
10 CFR
35.605(a), 1
10 CFR
35.605(b),
10 CFR
35.605(c),
10 CFR
35.655(b) and
10 CFR
35.690(a);
(h) "director , a U.S. Nuclear Regulatory
Commission , or an Agreement State " for references to "Commission or Agreement
State " in 10 CFR
35.2 for the definitions of Authorized
Medical Physicist (2)(iii), Authorized Nuclear Pharmacist (2)(i), Authorized
User (2)(i), Authorized User (2)(iii) and Ophthalmic Physicist (2)(ii), in 10
CFR 13(b)(4)(ii), 10 CFR
35.14(a)(2), second
instance, 10 CFR
35.57(a)(1), second
instance, 10 CFR
35.57(b)(1), second
instance, 10 CFR
35.57(b)(2), second
instance; or for references to "Commission or an Agreement State " in
10 CFR
35.50(c)(2), second
instance;
(i) "license issued by
the director , the Nuclear Regulatory Commission , or the Agreement State " for
reference to "Commission or Agreement State license " in
10 CFR
35.14(a)(2), first
instance;
(j) "director " for
reference to "NRC Operations Center" in
10 CFR
35.3045(c),
10 CFR
35.3047(c), and
10 CFR
35.3204(a);
(k) "license issued by the director , the
Nuclear Regulatory Commission or an Agreement State " for reference to
"Commission or Agreement State license " in
10 CFR
35.13(b)(4)(i),
10 CFR
35.14(a) (2), first
instance, 10 CFR
35.50(b)(1)(ii) or for
reference to "Commission or an Agreement State license " in
10 CFR
35.50(b)(1)(ii),
10 CFR
35.50(c)(2), and
10 CFR
35.57(a)(2);
(l) "director at the address specified in
Section R313-12-110" for reference to
"appropriate NRC Regional Office listed in Sec. 30.6 of this chapter" in
10 CFR
35.3045(d),
10 CFR
35.3047(d),
10 CFR
35.3067, and
10 CFR
35.3204(b);
(n) "director " for reference to "Commission "
in 10 CFR
35.12(d)(4),
10 CFR
35.14(a),
10 CFR
35.14(b),
10 CFR
35.18(a),
10 CFR
35.18(a)(3), first instance,
10 CFR
35.18(b),
10 CFR
35.2 4(a)(1),
10 CFR
35.24(c),
10 CFR
35.26(a), and
10 CFR
35.1000(b);
(o) "director " for reference to "NRC" in
10 CFR
35.3045(g)(1),
10 CFR
35.3047(f)(1), and
10 CFR
35.3204(a), second
instance;
(s) "director , the Nuclear Regulatory
Commission , or an Agreement State " for reference to "NRC" in
10 CFR
35.13(b)(5),
10 CFR
35.14(a)(2),
10 CFR
35.57(b)(3), and
10 CFR
35.57(a)(4); and
(t) "(c)" for reference to "(b)" in
10 CFR
35.92.
(5) The addition of the following to
10 CFR
35.92:
(a)
Reserved.
(b) The director may
approve a radioactive material with a physical half-life of greater than 120
days but less than 175 days for decay-in-storage before disposal without regard
to its radioactivity on a case by case basis if the licensee :
(i) requests an amendment to the licensee 's
radioactive materials license for the approval;
(ii) can demonstrate that the radioactive
waste will be safely stored, and accounted for during the decay-in-storage
period and that the additional radioactive waste will not exceed the licensee 's
radioactive waste storage capacity; and
(iii) commits to monitor the waste before
disposal as stated in 10 CFR
35.92(a)(1) and
10 CFR
35.92(a)(2) before the waste
is disposed.
Notes
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