Date of Adoption: May 30, 2003.

     Purpose: The purpose of this rule adoption is to bring radiation protection regulations into conformance with the United States Nuclear Regulatory Commission rules and RCW 70.98.050 regarding well-logging operations and to allow licensees to use dosimetry from providers accredited by the National Institute of Standards and Technology.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-243-150, 246-244-020, 246-244-030, 246-244-080, 246-244-110, 246-244-115 [new section], 246-244-160, and 246-244-240.

     Statutory Authority for Adoption: RCW 70.98.050.

      Adopted under notice filed as WSR 03-07-094 on March 19, 2003.

     Changes Other than Editing from Proposed to Adopted Version: Only one editorial change was made to the rule text resulting in no change in the effect of the proposed rule.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 7, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 7, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

Mary C. Selecky

Secretary

OTS-5986.2

AMENDATORY SECTION(Amending WSR 00-08-013, filed 3/24/00, effective 4/24/00)

WAC 246-243-150   Personnel monitoring control.   (1) ((No)) A licensee ((shall)) may not permit any individual to act as a radiographer or as a radiographer's assistant unless, at all times during radiographic operations, ((each such)) the individual ((shall)) wears ((on the trunk of the body a combination of an approved personnel dosimeter such as a film or TLD badge,)) a direct reading pocket dosimeter, ((and)) an alarming rate meter, and a personnel dosimeter that is processed and evaluated by an accredited National Voluntary Laboratory Accreditation Program (NVLAP) processor on the trunk of the body. In permanent facilities where other appropriate alarming or warning devices are in routine use, the wearing of an alarming rate meter is not required.

     (a) Pocket dosimeters ((shall)) must be capable of measuring exposures from zero to at least 200 milliroentgens. Electronic personal dosimeters may only be used in place of ion-chamber pocket dosimeters.

     (b) ((A film or TLD badge or other approved)) Each personnel dosimeter shall be assigned to and worn by only one individual.

     (c) Film badges must be replaced at periods not to exceed one month and ((TLDs)) other personnel dosimeters processed and evaluated by an accredited NVLAP processor must be replaced at periods not to exceed three months.

     (d) After replacement, each ((film badge or TLD)) personnel dosimeter must be processed as soon as possible.

     (2)(a) Direct reading dosimeters such as pocket dosimeters or electronic personal dosimeters shall be read and exposures recorded at the beginning and end of each shift. Pocket dosimeters shall be charged at the beginning of each shift. Pocket dosimeters shall be checked annually at periods not to exceed twelve months for correct response to radiation. Acceptable dosimeters shall read within plus or minus twenty percent of the true radiation exposure.

     (b) Each alarming rate meter must:

     (i) Be checked to ensure that the alarm functions properly (sounds) prior to use at the start of each shift;

     (ii) Be set to give an alarm signal at a maximum preset rate of 5 mSv/hr. (500 mR/hr.);

     (iii) Require special means to change the preset alarm functions; and

     (iv) Be calibrated annually at periods not to exceed twelve months for correct response to radiation: Acceptable rate meters must alarm within plus or minus twenty percent of the true radiation exposure rate.

     (3) If an individual's pocket dosimeter is found to be off-scale, or if his or her electronic personal dosimeter reads greater than 2 millisieverts (200 millirems), and the possibility of radiation exposure cannot be ruled out as the cause, the individual's ((film badge or TLD)) personnel dosimeter must be sent for processing within twenty-four hours. In addition, the individual may not resume work associated with licensed material use until a determination of the individual's radiation exposure has been made. This determination shall be made by the RSO or the RSO's designee.

     (4) If ((a film badge or TLD)) the personnel dosimeter required by this section is lost or damaged, the worker shall cease work immediately until a replacement ((film badge or TLD)) personnel dosimeter is provided and the exposure is calculated for the time period from issuance to loss or damage of the ((film badge or TLD)) personnel dosimeter.

     (5) Each licensee shall maintain the following exposure records:

     (a) Direct reading dosimeter readings and yearly operability checks required by subsection (2) of this section for three years after the record is made.

     (b) Records of alarm rate meter calibrations for three years after the record is made.

     (c) Reports received from the ((film badge or TLD)) personnel dosimeter accredited NVLAP processor until the department terminates the licensee.

     (d) Records of estimates of exposures as a result of: Off-scale personal direct reading dosimeters, or lost or damaged ((film badges or TLDs)) personnel dosimeters, until the department terminates the license. The time period for which the personnel dosimeter was lost or damaged shall be included in the records.

[Statutory Authority: RCW 70.98.050. 00-08-013, § 246-243-150, filed 3/24/00, effective 4/24/00; 94-01-073, § 246-243-150, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-243-150, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-243-150, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 83-19-050 (Order 2026), § 402-36-120, filed 9/16/83. Statutory Authority: RCW 70.98.050. 81-01-011 (Order 1570), § 402-36-120, filed 12/8/80; Order 1084, § 402-36-120, filed 1/14/76; Order 1, § 402-36-120, filed 1/8/69; Rules (part), filed 10/26/66.]

OTS-5987.3

AMENDATORY SECTION(Amending Order 121, filed 12/27/90, effective 1/31/91)

WAC 246-244-020   Definitions.   As used in this chapter, the following definitions apply:

     (1) "Casing" means a metal pipe or tube used as a lining for oil or gas wells to prevent collapse of the well-bore.

     (2) "Energy compensation source" (ECS) means a small sealed source, with an activity not exceeding 3.7 MBq (100 microcuries), used within a logging tool, or other tool components, to provide a reference standard to maintain the tool's calibration when in use.

     (3) "Field station" means a facility where radioactive sources may be stored or used and from which equipment is dispatched to temporary job sites.

     (((3))) (4) "Fresh water aquifer" means a geological formation that is capable of yielding a significant amount of fresh water to a well or spring.

     (((4))) (5) "Injection tool" means a device used for controlled subsurface injection of radioactive tracer material.

     (((5))) (6) "Irretrievable well-logging source" means any sealed source containing licensed material that is pulled off or not connected to the wireline that suspends the source in the well and for which all reasonable effort at recovery has been expended.

     (((6))) (7) "Logging assistant" means an individual who assists the logging supervisor in performing the well-logging operations.

     (((7))) (8) "Logging supervisor" means an individual who provides personal supervision of the use of licensed material at the temporary job site and who is responsible to the licensee for assuring compliance with requirements of the department's regulations and the conditions of the license.

     (((8))) (9) "Logging tool" means a device used subsurface to perform well-logging.

     (((9))) (10) "Mineral logging" means any logging performed for the purpose of mineral (including water) exploration other than oil or gas.

     (((10))) (11) "Personal supervision" means guidance and instruction by the supervisor who is physically present at the job site and watching the performance of the operation in such proximity that contact is maintained and immediate assistance given as required.

     (((11))) (12) "Radioactive marker" means licensed material used for the purpose of depth determination or direction orientation. This term includes radioactive collar markers and radioactive iron nails.

     (((12))) (13) "Sealed source" means any licensed material that is encased in a capsule designed to prevent leakage or escape of the radioactive material.

     (((13))) (14) "Source holder" means the housing or assembly into which a radioactive source is placed for the purpose of facilitating the handling and use of such source in well-logging operations.

     (((14))) (15) "Subsurface tracer study" means, for the purpose of this chapter, the release of unsealed licensed material or a substance labeled with licensed material in a single well or multiple wells for the purpose of tracing the movement or position of the material or substance in the well-bore or adjacent formation(s) (this term does not include the use of licensed material in field flooding studies).

     (((15))) (16) "Surface casing" means a pipe or tube used as a lining in a well to isolate the fresh water zone from the well.

     (((16))) (17) "Temporary job site" means any location to which radioactive materials have been dispatched or taken to perform wireline service operations or subsurface tracer studies.

     (((17))) (18) "Tritium neutron generator target source" means a tritium source used within a neutron generator tube to produce neutrons for use in well-logging applications.

     (19) "Uranium sinker bar" means a weight containing depleted uranium used for the purpose of providing additional force to pull a logging tool down toward the bottom of a well.

     (((18))) (20) "Well-bore" means any drilled hole in which wireline service operations and/or subsurface tracer studies are performed.

     (((19))) (21) "Well-logging" means the lowering and raising of measuring devices or tools which contain sources of radiation into well-bores or cavities (salt domes, etc.) for the purpose of obtaining information about the well and/or adjacent formations which may be used in oil, gas, mineral or geological explorations.

     (((20))) (22) "Well-logging operation" means any activity involving licensed material performed in a well, including well-logging, mineral logging, subsurface tracer studies, use of radioactive markers, radioactive iron nails, uranium sinker bars, and radioactive sands, and transportation or storage of same.

     (((21))) (23) "Wireline" means a cable containing one or more electrical conductors which is used to lower and raise logging tools in the well-bore.

     (((22))) (24) "Wireline service operation" means any evaluation or mechanical service which is performed in the well-bore using devices containing radioactive material on a wireline.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-244-020, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-38-030, filed 12/11/86.]

     (4) In the event a decision is made to abandon the sealed source downhole, requirements of WAC 246-244-240 shall be met.)) (1) A licensee may perform well logging with a sealed source only after the licensee has a written agreement with the employing well owner or operator. This written agreement must identify who will meet the following requirements:

     (a) If a sealed source becomes lodged in the well, a reasonable effort will be made to recover it.

     (b) A person may not attempt to recover a sealed source in a manner which, in the licensee's opinion, could result in its rupture.

     (c) The radiation monitoring required in WAC 246-244-210 will be performed.

     (d) If the environment, any equipment, or personnel are contaminated with licensed material, they must be decontaminated before release from the site or release for unrestricted use.

     (e) If the sealed source is classified as irretrievable after reasonable efforts at recovery have been expended, the following requirements must be implemented within thirty days:

     (i) Each irretrievable well-logging source must be immobilized and sealed in place with a cement plug;

     (ii) A means to prevent inadvertent intrusion on the source, unless the source is not accessible to any subsequent drilling operations; and

     (iii) A permanent identification plaque, constructed of long lasting material such as stainless steel, brass, bronze, or monel, must be mounted at the surface of the well, unless the mounting of the plaque is not practical. The size of the plaque must be at least 17 cm (7 inches) square and 3 mm (1/8-inch) thick. The plaque must contain --

     (A) The word "CAUTION";

     (B) The radiation symbol (the color requirement in WAC 246-221-120(1) need not be met);

     (C) The date the source was abandoned;

     (D) The name of the well owner or well operator, as appropriate;

     (E) The well name and well identification number(s) or other designation;

     (F) An identification of the sealed source(s) by radionuclide and quantity;

     (G) The depth of the source and depth to the top of the plug; and

     (H) An appropriate warning, such as, "DO NOT REENTER THIS WELL."

     (2) The licensee shall retain a copy of the written agreement for three years after the completion of the well-logging operation.

     (3) A licensee may apply, under WAC 246-220-050, for department approval, on a case-by-case basis, of proposed procedures to abandon an irretrievable well-logging source in a manner not otherwise authorized in subsection (1)(e) of this section.

     (4) A written agreement between the licensee and the well owner or operator is not required if the licensee and the well owner or operator are part of the same corporate structure or otherwise similarly affiliated. However, the licensee shall still otherwise meet the requirements in subsection (1) of this section.

[Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-244-030, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-244-030, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-38-040, filed 12/11/86.]

     (e) Sources of alpha- or neutron-emitting radioactive material with an activity of 0.37 MBq (10 microcuries) or less.

[Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-244-080, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-244-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-38-140, filed 12/11/86.]

     (a) Be of doubly encapsulated construction;

     (b) Contain radioactive material whose chemical and physical forms are as insoluble and nondispersible, respectively, as practical; and

     (c) ((Has been individually pressure tested to at least 24,656 pounds per square inch absolute (170 MN/m²) without leakage or failure.)) Comply with subsection (2), (3), or (4) of this section.

     (2) For a sealed source manufactured on or before July 14, 1989, a licensee may use the sealed source for use in well-logging applications if it meets the requirements of USASI N5.10-1968, "Classification of Sealed Radioactive Sources," or the requirements in subsection (3) or (4) of this section.

     (3) For a sealed source manufactured after July 14, 1989, a licensee may use the sealed source for use in well-logging applications if it meets the oil-well logging requirements of ANSI/HPS N43.6-1997, "Sealed Radioactive Sources -- Classification."

     (4) For a sealed source manufactured after July 14, 1989, a licensee may use the sealed source for use in well-logging applications, if --

     The sealed source's prototype has been tested and found to maintain its integrity after each of the following tests:

     (a) Temperature. The test source must be held at -40°C for twenty minutes, 600°C for one hour, and then be subject to a thermal shock test with a temperature drop from 600°C to 20°C within fifteen seconds.

     (b) Impact test. A 5 kg steel hammer, 2.5 cm in diameter, must be dropped from a height of 1 m onto the test source.

     (c) Vibration test. The test source must be subject to a vibration from 25 Hz to 500 Hz at 5 g amplitude for thirty minutes.

     (d) Puncture test. A 1 gram hammer and pin, 0.3 cm pin diameter, must be dropped from a height of 1 m onto the test source.

     (e) Pressure test. The test source must be subject to an external pressure of 1.695E7 pascals (24,600 pounds per square inch absolute).

     (5) Except those containing radioactive material in gaseous form, in the absence of a certificate from a transferor certifying that an individual sealed source meets the requirements of subsection((s)) (1) ((and (3))) of this section, the sealed source shall not be put into use until ((such)) these determinations and testings have been performed and acceptable documented results obtained.

     (((3) Each sealed source, except those containing a radioactive material in gaseous form, used in downhole operations shall be certified by the manufacturer, or other testing organization acceptable to the department, to meet the sealed source performance requirements for oil well-logging as contained in the January 1986 or most current American National Standard N542, Sealed Radioactive Sources, Classification.

     (4))) (6) Certification documents shall be maintained for inspection by the department for a period of three years after source disposal. If a source is abandoned downhole, the certification documents shall be maintained until the department authorizes disposition.

     (7) The requirements in this section do not apply to energy compensation sources (ECS). ECSs must be registered with the commission under Section 10 CFR 32.210 or with an agreement state.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-244-110, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-38-200, filed 12/11/86.]

     (a) For well-logging applications with a surface casing for protecting fresh water aquifers, use of the ECS is only subject to the requirements of WAC 246-244-080, 246-244-090 and 246-244-100.

     (b) For well-logging applications without a surface casing for protecting fresh water aquifers, use of the ECS is only subject to the requirements of WAC 246-244-030, 246-244-080, 246-244-090, 246-244-100 and 246-244-240.

     (2) Use of a tritium neutron generator target source, containing quantities not exceeding 1,110 MBq (30 curies) and in a well with a surface casing to protect fresh water aquifers, is subject to the requirements of this chapter except WAC 246-244-030, 246-244-110, and 246-244-240.

     (3) Use of a tritium neutron generator target source, containing quantities exceeding 1,110 MBq (30 curies) or in a well without a surface casing to protect fresh water aquifers, is subject to the requirements of this chapter except WAC 246-244-110.

[]

     (2) The licensee shall provide appropriate bioassay services to individuals using licensed materials for subsurface tracer studies.

     (3) The licensee shall keep reports received from the ((badge or TLD)) accredited NVLAP personnel dosimeter processor and from the bioassay service laboratory for inspection until the department authorizes disposition or terminates the license.

     (4) Personnel monitoring devices and equipment shall monitor for beta, gamma, and neutron radiation as appropriate.

     (5) Each licensee shall adhere to the requirements of the department's Regulatory Guide 8.20 Bioassay Program Criteria for I-125 and I-131.

[Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-244-160, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-244-160, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-38-300, filed 12/11/86.]

     (2) The licensee shall immediately notify the state of Washington division of radiation protection by telephone (206 682-5327) and subsequently within five days by confirmatory letter if:

     (a) Licensed material has been lost in or near a fresh water aquifer; or

     (b) A sealed source has been ruptured. This notice must designate the well or other location and describe the magnitude and extent of licensed materials, assess the consequences of the loss or rupture, and explain efforts planned or being taken to mitigate these consequences.

     (3) Whenever a sealed source or device containing radioactive material is lodged downhole, the licensee shall:

     (a) Monitor the surface for the presence of radioactive contamination with an appropriate radiation survey instrument (not the logging tool itself) during logging tool recovery operations; and

     (b) Notify the department immediately by telephone (206-682-5327) if radioactive contamination is detected at the surface or if the source appears to be damaged.

     (4) When it becomes apparent that efforts to recover the radioactive source will not be successful, the licensee shall:

     (a) Notify the department by telephone (206-682-5327) of the circumstances that resulted in the inability to retrieve the source and --

     (i) Obtain department approval to implement abandonment procedures; or

     (ii) That the licensee implemented abandonment before receiving department approval because the licensee believed there was an immediate threat to public health and safety; and

     (b) Advise the well operator or owner, as appropriate, of the regulations of the state of Washington regarding abandonment, and an appropriate method of abandonment. The licensee shall ensure that such abandonment procedures are implemented within thirty days after the sealed source has been classified as irretrievable((. Such abandonment procedures shall include:

     (i) Immobilization and sealing in place of the radioactive source with a cement plug;

     (ii) The setting of a whipstock or deflection device; and

     (iii) The mounting of a permanent identification plaque at the surface of the well, containing the appropriate information required by subsection (5) of this section;

     (b) Immediately notify the department by telephone (206 682-5327), giving the circumstances of the loss, and request and receive approval of the proposed)) or request an extension of time if unable to complete the abandonment procedures; and

     (c) File a written report with the department within thirty days of the abandonment, including a copy to each appropriate state or federal agency that issued permits or otherwise approved of the drilling operation, setting forth the following information:

     (i) Date and time of occurrence and a brief description of attempts to recover the source;

     (ii) A description of the radioactive source(s) involved, including radionuclide, quantity, make, model and serial number, and chemical and physical form;

     (iii) Surface location and identification of well;

     (iv) Results of efforts to immobilize and seal the source in place;

     (v) Depth of the radioactive source in meters or feet;

     (vi) Depth to the top of cement plug in meters or feet;

     (vii) Depth of the well in meters or feet; ((and))

     (viii) ((Information contained on the permanent identification plaque)) The immediate threat to public health and safety justification for implementing abandonment if prior departmental approval was not obtained in accordance with subsection (4)(a)(ii) of this section;

     (ix) Any other information, such as a warning statement, contained on the permanent identification plaque; and

     (x) State and federal agencies receiving a copy of this report.

     (((5) Whenever a sealed source containing radioactive material is not recovered and is abandoned downhole, the licensee shall provide a permanent plaque at least eighteen centimeters square for posting the well or well bore (see Appendix A). This plaque shall:

     (a) Be constructed of long lasting material, such as stainless steel or monel; and

     (b) Contain the following information permanently and conspicuously engraved on its face:

     (i) The word "CAUTION (or DANGER)";

     (ii) The radiation symbol(s) with or without the conventional color requirement;

     (iii) The date of abandonment (month/day/year);

     (iv) The name of the well operator or well owner;

     (v) The well name and well identification number(s) or other designation;

     (vi) The sealed source(s) by radionuclide and quantity of activity (if more than one source is involved, information for each source shall be included);

     (vii) The source depth and the depth to the top of the plug in meters or feet; and

     (viii) An appropriate warning, depending on the specific circumstances of each abandonment.¹

     (6) The department may, at its own discretion, impose such other requirements as it may deem necessary.

¹     An example of a suggested plaque is shown in Appendix A of this section. Appropriate warnings may include:

     (a) "Do not drill below plug back depth";

     (b) "Do not enlarge casing"; and/or

     (c) "Do not reenter the hole before contacting the state of Washington division of radiation protection."

Place (WAC 246-244-240) illustration here.

The size of the plaque should be convenient for use on active or inactive wells, and shall be at least eighteen centimeters square. Letter size of the word "CAUTION" or "DANGER" shall be approximately twice the letter size of the rest of the information, e.g., one-half inch and one-fourth inch letter size, respectively.))

[Statutory Authority: RCW 70.98.050. 98-13-037, § 246-244-240, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-244-240, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-244-240, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-38-500, filed 12/11/86.]

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