DRC-2024-005502

DRAFT
May 1, 2024

Page 1 of 1

R313. Environmental Quality, Waste Management and Radiation Control, Radiation.
R313-17. Administrative Procedures.

R313-17-2. Public Notice and Public Comment Period.
(1) The [D]director shall give public notice of and provide an opportunity to comment on the following:
(a) A proposed major licensing action for license categories [2b](2)(b) and (c), [4a, b, c, d](4)(a) through (c) and (6) identified
in Section R313-70-7[.];
(i) [M]major licensing actions include:
(A) [P]pending issuance of a new license[,];
(B) [P]pending issuance of a license renewal[,];
(C) [P]pending approval of a license termination[,];
(D) [A]an increase in process, storage, or disposal capacity[,];
(E) [A]a geographic expansion;[,]
(F) [A]a change in engineering design, construction, or process controls that [will more than]is likely to:
(I) significantly impact public health, public safety or the environment as compared to impacts previously evaluated; or
(II) cause an individual to receive a higher total effective dose equivalent; or
(III) increase the annual quantity of radioactive effluents released to the environment[,];
(G) [A]a decrease in environmental monitoring or sampling frequency[,];
(H) [P]pending approval of reclamation, decontamination or decommissioning plans[,];
(I) [P]pending approval of or changes to corrective actions to control or remediate existing radioactive material
contamination[, not already] to the extent not already authorized by a license[,];
(J) a licensing action that would allow for possession or use of any matter, other than natural or native ore, that will be
processed primarily for its source material content in a licensed uranium or thorium mill; or
(K) a[A] licensing issue the [D]director [deems is]considers to be of significant public interest.
(b) The initial proposed registration of an ionizing radiation producing machine [which]that operates at a kilovoltage potential
(kVp) greater than 200 in an open beam configuration. Subsection R313-17-2(1)(b) does not apply to ionizing radiation producing
machines used in the healing arts.
(c) Board activities that may have significant public interest and the [B]board requests the [D]director to take public comment
on those proposed activities.
(2) The [D]director may elect to give public notice of and provide an opportunity to comment [on]for any licensing action[s]
described in Section R313-70-7 that is not subject to[that do not include the actions in] Subsection R313-17-2(1)(a)(i)[, for all license
categories identified in Section R313-70-7].
(3) Public notice shall allow at least 30 days for public comment. The director may extend the public comment period for
good cause. Notice of extensions shall be provided as set forth in Subsection R313-17-2(5)(b).
(4) Public notice may [describe]include more than one action listed in Subsection R313-17-2(1) and may combine notice of
a public hearing with notice of the proposed action. After considering public comments, however, the director may issue separate final
permit orders as to any action that was combined for purposes of public notice, hearing, and comment.
(5) Public notice shall be given by one or more of the following methods:
(a) [P]publication in a newspaper of general circulation in the area affected by the proposed action[,]; or
(b) [P]publication on the Division of Waste Management and Radiation Control website[, or
(c) Distribution by an electronic mail server].

R313-17-3. [Administrative Procedures]Review of Licensing and Permitting Actions.
[Administrative proceedings under the Radiation Control Act are]Except for actions involving permit or license terminations,
the review of permit orders is governed by Section 19-1-301.5 and Rule R305-7.

KEY: administrative procedures, comment, hearings, adjudicative proceedings
Date of Enactment or Last Substantive Amendment: February 17, 2015
Notice of Continuation: April 8, 2021
Authorizing, and Implemented or Interpreted Law: 19-3-104(4); 19-1-301 and 19-1-301.5