fees -- Rulemaking authority and procedure -- Siting criteria -- Indirect and direct costs. (1) As used in this section: (a) "Decommissioning" includes financial assurance. (b) "Source material" and "byproduct material" mean the same as those terms are defined in the Atomic Energy Act of 1954, 42 U.S.C. Sec. 2014, as amended. (2) The division may require the registration or licensing of radiation sources that constitute a significant health hazard. (3) A source of ionizing radiation, including an ionizing radiation producing machine, shall be registered or licensed by the department. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules: (a) necessary for controlling exposure to sources of radiation that constitute a significant health hazard; (b) to meet the requirements of federal law relating to radiation control to ensure the radiation control programs under this part are qualified to maintain primacy from the federal government; (c) to establish certification procedure and qualifications for persons who survey mammography equipment and oversee quality assurance practices at mammography facilities; and (d) as necessary regarding the possession, use, transfer, or delivery of source and byproduct material and the disposal of byproduct material to establish requirements for: (i) the licensing, operation, decontamination, and decommissioning, including financial assurances; and (ii) the reclamation of sites, structures, and equipment used in conjunction with the activities described in this Subsection (4). (5) (a) On and after January 1, 2003, a fee is imposed for the regulation of source and byproduct material and the disposal of byproduct material at uranium mills or commercial waste facilities, as provided in this Subsection (5). (b) If the Nuclear Regulatory Commission does not grant the amendment for state agreement status on or before March 30, 2003, fees under Subsection (5)(c) do not apply and are not required to be paid until on and after the later date of: (i) October 1, 2003; or (ii) the date the Nuclear Regulatory Commission grants to Utah an amendment for agreement state status for uranium recovery regulation. (c) For the payment periods beginning on and after July 1, 2003, the department shall establish the fees required under Subsection (5)(a) under Section 63J-1-504, subject to the restrictions under Subsection (5)(b). (d) The division shall deposit fees the division receives under this Subsection (5) into the Environmental Quality Restricted Account created in Section 19-1-108. (6) (a) The division shall assess fees for registration, licensing, and inspection of radiation sources under this section. (b) The division shall comply with the requirements of Section 63J-1-504 in assessing fees for licensure and registration. (c) The division shall deposit fees the division receives under this Subsection (6) into the Environmental Quality Restricted Account created in Section 19-1-108. (7) (a) Except as provided in Subsection (8), the board may not adopt rules, for the purpose of the state assuming responsibilities from the United States Nuclear Regulatory Commission with respect to regulation of sources of ionizing radiation, that are more stringent than the corresponding federal regulations that address the same circumstances. (b) In adopting rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may incorporate corresponding federal regulations by reference. (8) (a) The board may adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that are more stringent than corresponding federal regulations for the purpose described in Subsection (7) only if the board makes a written finding after public comment and hearing and based on evidence in the record that corresponding federal regulations are not adequate to protect public health and the environment of the state. (b) The findings described in Subsection (8)(a) shall be accompanied by an opinion referring to and evaluating the public health and environmental information and studies contained in the record that form the basis for the board's conclusion. (9) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall by rule: (i) authorize independent qualified experts to conduct inspections required under this chapter of x-ray facilities registered with the division; and (ii) establish qualifications and certification procedures necessary for independent experts to conduct the inspections described in Subsection (9)(a)(i). (b) Independent experts under this Subsection (9) are not considered employees or representatives of the division or the state when conducting the inspections. (10) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may by rule establish criteria for siting commercial low-level radioactive waste treatment or disposal facilities, subject to the prohibition imposed by Section 19-3-103.7. (b) Subject to Subsection 19-3-105(10), any facility under Subsection (10)(a) for which a radioactive material license is required by this section shall comply with criteria established under this Subsection (10). (c) Subject to Subsection 19-3-105(10), a facility may not receive a radioactive material license until siting criteria have been established by the board. The criteria also apply to facilities that have applied for but not received a radioactive material license. (11) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board shall make rules that: (a) establish financial assurance requirements for closure and postclosure care of radioactive waste land disposal facilities; and (b) establish financial assurance requirements for closure and postclosure care of an unlicensed facility. (12) The rules described in Subsection (11) shall include the following provisions: (a) the financial assurance shall be based on an annual estimate and shall include closure and postclosure costs in areas subject to the licensed or permitted portions of the facility; (b) financial assurance for an unlicensed facility that supports the operation of a licensed or permitted facility shall include the estimated cost of: (i) the removal of structures; (ii) the testing of structures, roads, and property to ensure no radiological contamination has occurred outside of the licensed area; and (iii) stabilization and water infiltration control; (c) financial assurance cost estimates for a single approved waste disposal unit for which the volume of waste already placed and proposed to be placed in the unit within the surety period is less than the full waste capacity of the unit shall reflect the closure and postclosure costs for a waste disposal unit smaller than the approved waste disposal unit, if the unit could be reduced in size, meet closure requirements, and reduce closure costs; (d) financial assurance cost estimates for two approved adjacent waste disposal units that have been approved to be combined into a single unit and for which the combined volume of waste already placed and proposed to be placed in the units within the surety period is less than the combined waste capacity for the two separate units shall reflect either two separate waste disposal units or a single combined unit, whichever has the lowest closure and postclosure costs; (e) the licensee or permittee shall annually propose closure and postclosure costs upon which financial assurance amounts are based, including costs of potential remediation at the licensed or permitted facility and, notwithstanding the obligations described in Subsection (12) (b), any unlicensed facility; (f) to provide the information in Subsection (12)(e), the licensee or permittee shall provide: (i) a proposed annual cost estimate using the current edition of RS Means Facilities Construction Cost Data or using a process, including an indirect cost multiplier, previously agreed to between the licensee or permittee and the director; or (ii) (A) for an initial financial assurance determination and for each financial assurance determination every five years thereafter, a proposed competitive site-specific estimate for closure and postclosure care of the facility at least once every five years; and (B) for each year between a financial assurance determination described in Subsection (12) (f)(ii)(A), a proposed financial assurance estimate that accounts for current site conditions and that includes an annual inflation adjustment to the financial assurance determination using the Gross Domestic Product Implicit Price Deflator of the Bureau of Economic Analysis, United States Department of Commerce, calculated by dividing the latest annual deflator by the deflator for the previous year; and (g) the director shall: (i) annually review the licensee's or permittee's proposed closure and postclosure estimate; and (ii) approve the estimate if the director determines that the estimate would be sufficient to provide for closure and postclosure costs. (13) Subject to the financial assurance requirements described in Subsections (11) and (12), if the director and the licensee or permittee do not agree on a final financial assurance determination made by the director, the licensee or permittee may appeal the determination in: (a) an arbitration proceeding governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act, with the costs of the arbitration to be split equally between the licensee or permittee and the division, if both the licensee or permittee and the director agree in writing to arbitration; or (b) a special adjudicative proceeding under Section 19-1-301.5.
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