Utah Admin. Code R313-24-4 - Applicant's Environmental Report

(1) For each new license application, application for renewal, or major licensing action identified in Subsection R313-17-2(1)(a)(i), the applicant shall submit an environmental report. In the director's discretion, the director may require the submission of an environmental report for any other licensing action within the scope of Rule R313-24.

(2) The environmental report shall include specific information and data to assist the director in the identification and evaluation of the short-term and long-range environmental impacts of the proposed action, including impact mitigation measures, in sufficient detail for the director to prepare the environmental analysis described in Section R313-24-5. The environmental report shall contain the information the director considers necessary to prepare the environmental analysis.

(3) To the extent the director considers that the information is relevant to the proposed action, the environmental report shall include specific references to, and analysis of, existing environmental information, data, or analyses in the historical administrative record. The director may require the submission of supplemental information and analysis to update previous analyses and information.

(4) The environmental report shall provide an assessment of the following impacts on the environment:

(a) the radiological and non-radiological impacts to the public health and the environment from the activities to be conducted pursuant to the proposed action;

(b) any impact on waterways and groundwater resulting from the activities to be conducted pursuant to the proposed action;

(c) alternatives to the activities to be conducted pursuant to the proposed action; and

(d) the long-term impacts of the proposed action, such as decommissioning, decontamination, and reclamation impacts associated with activities to be conducted pursuant to the proposed action, specifically including the management of any byproduct material.

(5) Examples of specific types of proposed actions where the environmental report would be expected to include detailed supporting data and analysis include:

(a) the siting and construction of a new facility; or

(b) with respect to any existing licensed facility, any new, significant change to the applicant's operations, plans, safety modeling, and similar factors as compared to environmental impacts previously evaluated.

(6) Before accepting the applicant's environmental report submitted under Section R313-24-4 and performing environmental analysis under Section R313-24-5, the director may, in the director's discretion, conduct a preliminary public comment process regarding matters addressed in the environment report, as provided in Section R313-24-4.

(a) Formal publication via newspaper is not required. Notice of the opportunity to submit comments published on the public notice page of the Division of Waste Management and Radiation Control website shall be acceptable. However, the director shall make reasonable efforts to provide actual notice to identifiable stakeholders who may have an interest in the matters addressed in the environmental report, including Native American Tribes, businesses, local, state, and federal governmental agencies, citizen and community groups, or any other person who has requested a notice.

(b) The notice and comment opportunity shall be limited to the matters addressed in the environmental report available at that time.

(c) As part of the director's environmental analysis under Section R313-24-5, the director shall include a written response to any comments received during the preliminary public process regarding the environmental report.

(d) The submission of comments on the environmental report is not required. The failure to submit preliminary comments shall be without prejudice to any person's right to submit comments during the general public comment process described in Subsection R313-24-4(e).

(e) Any person shall have the right to submit comments regarding the proposed action, including the environmental report and the director's environmental analysis, in connection with the formal public notice, hearing, and comment process described in Subsection R313-24-5(4).

Notes

Utah Admin. Code R313-24-4

Amended by Utah State Bulletin Number 2015-13, effective 6/16/2015 Amended by Utah State Bulletin Number 2016-7, effective 3/15/2016 Amended by Utah State Bulletin Number 2024-14, effective 7/15/2024