WSR 03-03-076

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH


[ Filed January 15, 2003, 9:21 a.m. ]

     Subject of Possible Rule Making: Revising current rules to allow radioactive materials licensees to use dosimetry from providers accredited by the National Institute of Standards and Technology; and to allow well-loggers to use energy compensation and tritium neutron generator target sources. Other changes to the well-logging rule will update requirements to meet federal standards.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.98.050.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules affecting well-logging operations and rules affecting the ability of radioactive materials licensees to use accredited providers of dosimetry services need to be amended to conform to federal standards in order to avoid conflict, duplication, gaps, or other conditions that would jeopardize an orderly pattern in the regulation agreement material on a nationwide basis. The state of Washington is an agreement state with the United States Nuclear Regulatory Commission (NRC) and must maintain compatible regulations with the NRC. Amending the rules will bring the state radiation protection regulations into compliance with NRC for radioactive materials regulated under federal Atomic Energy Act as well as under state law.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The United States Nuclear Regulatory Commission sets the federal standards and the state of Washington submits proposed rules to NRC for review and comment prior to final adoption of the rule.

     Process for Developing New Rule: The federal rule is used as the basis for the proposed rule and language is added to assure that all radioactive materials, regardless of source, are equally covered by the rule.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Proposed draft rules can be obtained from and comments sent to Terry C. Frazee, Division of Radiation Protection, P.O. Box 47827, Olympia, WA 98504-7827, (360) 236-3221, or fax (360) 236-2255, e-mail terry.frazee@doh.wa.gov.

January 13, 2003

Mary C. Selecky

Secretary

Legislature Code Reviser 

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