WSR 98-07-080

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed March 17, 1998, 4:29 p.m.]



Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-254-070 through 246-254-100, fees for specialized, medical, veterinary, and industrial radioactive material licenses

Purpose: Revise fees schedule for radioactive material licensure

Statutory Authority for Adoption: RCW 43.70.110

Summary: A revision of fee schedule to reflect program costs. The fee increase is below the I-601 fiscal growth of 4.05% for fiscal year 1998

Reasons Supporting Proposal: Provides for the licensure, review and inspection of facilities that possess, use, or store radioactive material. The licensure, inspections and incident investigations conducted by the program are to ensure maximum protection of the public health and maximum safety to all persons

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Terry Frazee, Olympia, (360) 236-3221

Name of Proponent: Department of Health, Environmental Health Programs, Division of Radiation Protection, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule is a revision of the fee schedule for the radioactive materials program. The purpose is to increase its fees to allow the program to operate with the current level of service, while simultaneously meeting the overall cost of the program. The individual facility fee increases, for the 41 types of radioactive material users, are in the range of 3.28 to 4.03 percent. The impact that the proposed fee increases will have on individual radioactive materials users depends on the category (laboratory, medical, industrial, specialized), size and type of user. The radioactive materials program expects to receive a total revenue of $707,730 from the proposed fees. This figure represents an overall increase in revenue of 3.9 percent from the $681,063 the program would receive using the current fee schedule

Proposal Changes the Following Existing Rules: The change to the existing rule is a proposed fee increase only

No small business economic impact statement has been prepared under chapter 19.85 RCW. The radioactive materials program offers a discount of twenty-five percent off the license fee as an appropriate mitigation of the license fee impact for qualified small businesses. In addition, under RCW 19.85.025(2), a small business economic impact statement is not required for rules that set or adjust fees pursuant to legislative standards. An economic impact analysis has been prepared.

RCW 34.05.328 does not apply to this rule adoption. As stated, this rule is an amendment to the fee schedule for licensure of radioactive materials users. As an adjustment to fees, to reflect program costs, pursuant to legislative standards this section is exempt from the significant rule analysis, per RCW 34.05.328 (5)(b)(vi).

Hearing Location: The 7th Floor Conference Room of the Melbourne Tower, 1511 3rd Avenue, Seattle, WA 98101, on April 23, 1998, at 1:00 p.m

Assistance for Persons with Disabilities: Contact Michael Odlaug by April 20, 1998, TDD (800) 833-6388

Submit Written Comments to: Terry Frazee, FAX (360) 236-2255, by April 23, 1998

Date of Intended Adoption: May 1, 1998

March 17, 1998

Bruce Miyahara

Secretary

OTS-2068.1

AMENDATORY SECTION (Amending WSR 96-11-043, filed 5/8/96, effective 6/28/96)



WAC 246-254-070  Fees for specialized radioactive material licenses. (1) Persons licensed or authorized to possess or use radioactive material in the following special categories shall forward annual fees to the department as follows:

(a) Four thousand ((three hundred seventy)) five hundred forty-five dollars for operation of a single nuclear pharmacy.

(b) Seven thousand ((four hundred sixty)) seven hundred fifty-five dollars for operation of a single nuclear laundry.

(c) Seven thousand ((four hundred sixty)) seven hundred fifty-five dollars for a license authorizing a single facility to use more than one curie of unsealed radioactive material in the manufacture and distribution of radioactive products or devices containing radioactive material.

(d) Two thousand ((six hundred twenty)) seven hundred twenty-five dollars for a license authorizing a single facility to use less than or equal to one curie of unsealed radioactive material or any quantity of previously sealed sources in the manufacture and distribution of products or devices containing radioactive material.

(e) ((Six hundred eighty)) Seven hundred five dollars for a license authorizing the receipt and redistribution from a single facility of manufactured products or devices containing radioactive material.

(f) Five thousand two hundred dollars for a license authorizing decontamination services operating from a single facility.

(g) Two thousand ((three hundred seventy)) four hundred sixty-five dollars for a license authorizing waste brokerage including the possession, temporary storage at a single facility, and over-packing only of radioactive waste.

(h) One thousand ((sixty)) one hundred dollars for a license authorizing equipment servicing involving:

(i) Incidental use of calibration sources;

(ii) Maintenance of equipment containing radioactive material; or

(iii) Possession of sealed sources for purpose of sales demonstration only.

(i) ((One thousand nine hundred eighty)) Two thousand fifty-five dollars for a license authorizing health physics services, leak testing, or calibration services.

(j) One thousand two hundred ((forty)) ninety dollars for a civil defense license.

(k) Three hundred ((seventy)) eighty-five dollars for a license authorizing possession of special nuclear material as pacemakers or depleted uranium as shielding.

(2) Persons licensed or authorized to possess and use radioactive material in the following broad scope categories shall forward annual fees to the department as follows:

(a) ((Fourteen thousand eight hundred)) Fifteen thousand three hundred ninety dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than one curie.

(b) ((Six thousand eight hundred forty)) Seven thousand one hundred ten dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than 0.1 curie but less than or equal to one curie.

(c) Five thousand ((five hundred)) seven hundred twenty dollars for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession less than or equal to 0.1 curie.

(3) Persons licensed or authorized to possess or use radioactive material which are not covered by any of the annual license fees described in WAC 246-254-070 through 246-254-100, shall pay fees as follows:

(a) An initial application fee of one thousand dollars;

(b) Billing at the rate of ninety dollars for each hour of direct staff time associated with issuing and maintaining the license and for the inspection of the license; and

(c) Any fees for additional services as described in WAC 246-254-120.

(d) The initial application fee will be considered a credit against billings for direct staff charges but is otherwise nonrefundable.

(4) Persons licensed or authorized to possess or use radioactive material in a facility for radioactive waste processing, including resource recovery, volume reduction, decontamination activities, or other waste treatment, but not permitting commercial on-site disposal, shall pay fees as follows:

(a) A nonrefundable initial application fee for a new license of sixteen thousand dollars which shall be credited to the applicant's quarterly billing described in (b) of this subsection; and

(b) Quarterly billings for actual direct and indirect costs incurred by the department including, but not limited to, license renewal, license amendments, compliance inspections, a resident inspector for time spent on the licensee's premises as deemed necessary by the department, laboratory and other support services, and travel costs associated with staff involved in the foregoing.



[Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, 246-254-070, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-070, filed 5/25/95, effective 6/25/95; 94-11-011 246-254-070, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-070, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-070, filed 10/29/91, effective 11/29/91.]



AMENDATORY SECTION (Amending WSR 96-11-043, filed 5/8/96, effective 6/28/96)



WAC 246-254-080  Fees for medical and veterinary radioactive material licenses. (1) Persons licensed or authorized to possess or use radioactive material in the following medical or veterinary categories shall forward annual fees to the department as follows:

(a) Three thousand ((seven hundred)) eight hundred forty-five dollars for operation of a mobile nuclear medicine program from a single base of operation.

(b) Two thousand ((seven hundred)) eight hundred five dollars for a license authorizing groups II and III of WAC 246-235-120 for diagnostic nuclear medicine at a single facility.

(c) Two thousand ((three hundred forty)) four hundred thirty dollars for a license authorizing groups IV and V of WAC 246-235-120 for medical therapy at a single facility.

(d) Three thousand ((seven hundred twenty)) eight hundred sixty-five dollars for a license authorizing groups II or III and groups IV or V of WAC 246-235-120 for full diagnostic and therapy services at a single facility.

(e) Two thousand eighty dollars for a license authorizing group VI of WAC 246-235-120 for brachytherapy at a single facility.

(f) One thousand two hundred ((forty)) ninety dollars for a license authorizing brachytherapy or gamma stereotactic therapy or teletherapy at a single facility.

(g) One thousand ((eight hundred eighty)) nine hundred fifty-five dollars for a license authorizing medical or veterinary possession of greater than two hundred millicuries total possession of radioactive material at a single facility.

(h) One thousand five hundred sixty dollars for a license authorizing medical or veterinary possession of greater than thirty millicuries but less than or equal to two hundred millicuries total possession of radioactive material at a single facility.

(i) One thousand one hundred ((ten)) fifty dollars for a license authorizing medical or veterinary possession of less than or equal to thirty millicuries total possession of radioactive material at a single facility.

(j) ((Nine hundred eighty)) One thousand fifteen dollars for a license authorizing group I as defined in WAC 246-235-120 or in vitro uses of radioactive material at a single facility.

(k) Six hundred ((ten)) thirty dollars for a license authorizing medical or veterinary possession of a sealed source for diagnostic use at a single facility.

(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location or base of operation.



[Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, 246-254-080, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-080, filed 5/25/95, effective 6/25/95; 94-11-011 246-254-080, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-080, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-080, filed 10/29/91, effective 11/29/91.]



AMENDATORY SECTION (Amending WSR 96-11-043, filed 5/8/96, effective 6/28/96)



WAC 246-254-090  Fees for industrial radioactive material licenses. (1) Persons licensed or authorized to possess or use radioactive material in the following industrial categories shall forward annual fees to the department as follows:

(a) Four thousand ((three hundred sixty)) five hundred thirty dollars for a license authorizing the use of radiographic exposure devices in one or more permanent radiographic vaults in a single facility.

(b) ((Five thousand eight hundred forty)) Six thousand seventy dollars for a license authorizing the use of radiographic exposure devices at temporary job sites but operating from a single storage facility.

(c) Two thousand ((eight hundred sixty)) nine hundred seventy-five dollars for a license authorizing well-logging activities including the use of radioactive tracers operating from a single storage facility.

(d) Six hundred ((twenty)) forty-five dollars for a license authorizing possession of portable sealed sources including moisture/density gauges and excluding radiographic exposure devices operating from a single storage facility.

(e) ((Six hundred eighty)) Seven hundred five dollars for a license authorizing possession of any nonportable sealed source, including special nuclear material and excluding radioactive material used in a gas chromatograph at a single facility.

(f) Four hundred ((thirty)) forty-five dollars for a license authorizing possession of gas chromatograph units containing radioactive material at a single facility.

(g) One thousand ((one hundred eighty)) two hundred twenty-five dollars for a license authorizing possession of any self-shielded or pool type irradiator with sealed source total quantity greater than one hundred curies at a single facility.

(h) Six thousand ((two hundred forty)) four hundred ninety dollars for a license authorizing possession of sealed sources for a walk-in type irradiator at a single facility.

(i) Five thousand ((four hundred forty)) six hundred fifty-five dollars for a license authorizing possession of greater than one gram of unsealed special nuclear material or greater than five hundred kilograms of source material at a single facility.

(j) One thousand ((seven hundred forty)) eight hundred ten dollars for a license authorizing possession of less than or equal to one gram of unsealed special nuclear material or five hundred kilograms of source material at a single facility.

(k) Two hundred ((eighty)) ninety dollars for a license authorizing possession of static elimination devices not covered by a general license.

(2) Persons with licenses authorizing multiple locations of permanent storage shall increase the annual fee by fifty percent for each additional location.

(3) Depleted uranium registrants required to file Form RHF-20 shall forward an annual fee of sixty dollars to the department.



[Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, 246-254-090, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-090, filed 5/25/95, effective 6/25/95; 94-11-011 246-254-090, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-090, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-090, filed 10/29/91, effective 11/29/91.]



AMENDATORY SECTION (Amending WSR 96-11-043, filed 5/8/96, effective 6/28/96)



WAC 246-254-100  Fees for laboratory radioactive material licenses. (1) Persons licensed or authorized to possess or use unsealed radioactive material in the following laboratory categories shall forward annual fees to the department as follows:

(a) ((Two thousand nine hundred eighty)) Three thousand ninety-five dollars for a license authorizing possession at a single facility of unsealed sources in amounts greater than:

(i) One millicurie of I-125 or I-131; or

(ii) One hundred millicuries of H-3 or C-14; or

(iii) Ten millicuries of any single isotope.

(b) One thousand ((four hundred eighty)) five hundred thirty-five dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

(i) Greater than 0.1 millicurie and less than or equal to one millicurie of I-125 or I-131; or

(ii) Greater than ten millicuries and less than or equal to one hundred millicuries of H-3 or C-14; or

(iii) Greater than one millicurie and less than or equal to ten millicuries of any single isotope.

(c) One thousand two hundred ((forty)) ninety dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

(i) Greater than 0.01 millicurie and less than or equal to 0.1 millicurie of I-125 or I-131; or

(ii) Greater than one millicurie and less than or equal to ten millicuries of H-3 or C-14; or

(iii) Greater than 0.1 millicurie and less than or equal to one millicurie of any other single isotope.

(d) Four hundred ((thirty)) forty-five dollars for a license authorizing possession at a single facility of unsealed or sealed sources in amounts:

(i) Less than or equal to 0.01 millicurie of I-125 or I-131; or

(ii) Less than or equal to one millicurie of H-3 or C-14; or

(iii) Less than or equal to 0.1 millicurie of any other single isotope.

(e) Five hundred ((seventy)) ninety-five dollars for a license authorizing possession at a single facility of large quantities of naturally occurring radioactive material in total concentration not exceeding 0.002 microcurie per gram.

(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location.

(3) Persons registered to perform in vitro testing pursuant to Form RHF-15 shall forward an annual fee of sixty dollars to the department.



[Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, 246-254-100, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-100, filed 5/25/95, effective 6/25/95; 94-11-011 246-254-100, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-100, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-100, filed 10/29/91, effective 11/29/91.]

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