WSR 07-11-121

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed May 21, 2007, 3:18 p.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: WAC 246-221-150 Security and control of stored radioactive material and radiation machines.

Hearing Location(s): Department of Health, 111 Israel Road S.E., Town Center 2, Room 530, Tumwater, WA 98501, on June 27, 2007, at 10:00 a.m.

Date of Intended Adoption: August 6, 2007.

Submit Written Comments to: Arden Scroggs, Office of Radiation Protection, Radioactive Materials Section, P.O. Box 47827, Olympia, WA 98504-7827, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2255, by June 25, 2007.

Assistance for Persons with Disabilities: Contact Nancy Burgin by June 20, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule revises state regulations to match federal regulations regarding security for portable gauges containing licensed radioactive material. The federal rule requires licensees to use a minimum of two independent physical controls to secure portable gauges from unauthorized removal.

Reasons Supporting Proposal: The proposed rule adopts a federal rule change which Washington state is required to adopt for compatibility with the United States Nuclear Regulatory Commission regulations. Portable gauges contain radioactive material which, if compromised, could be hazardous to public health. Adopting national standards for security of portable gauges will reduce the potential for theft or unauthorized use of the radioactive material.

Statutory Authority for Adoption: RCW 70.98.050.

Statute Being Implemented: RCW 70.98.050.

Rule is necessary because of federal law, 10 C.F.R 30.34(i).

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Arden Scroggs, Tumwater, Washington, (360) 236-3221.

No small business economic impact statement has been prepared under chapter 19.85 RCW. According to RCW 19.85.025(3) and 19.85.061, this proposed rule is exempt from the requirements of chapter 19.85 RCW because it adopts federal regulations (10 C.F.R. 30.34(i)) without material change. These rules are required in order to maintain a state program that is compatible with that of the Nuclear Regulatory Commission as specified under the terms of the formal agreement signed by the governor and the chairman of the commission.

A cost-benefit analysis is not required under RCW 34.05.328. According to RCW 34.05.328 (5)(b)(iii), this proposed rule is exempt from the requirements of RCW 34.05.328 because it adopts federal regulations without material change.

May 17, 2007

M. C. Selecky

Secretary

OTS-9673.1


AMENDATORY SECTION(Amending WSR 94-01-073, filed 12/9/93, effective 1/9/94)

WAC 246-221-150   Security and control of ((stored)) radioactive material and radiation machines.   (1) Licensed radioactive materials and registered radiation machines shall be secured from, or controlled in such a manner so as to prevent, unauthorized access or removal from the place of storage.

(2) Each portable gauge licensee shall use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, whenever portable gauges are not under the control and constant surveillance of the licensee.

(3) Licensed radioactive materials in an unrestricted area and not in storage shall be tended under the constant surveillance and immediate control of the licensee.

(((3))) (4) Registered radiation machines in an unrestricted area and not in storage shall be under the control of the registrant.

[Statutory Authority: RCW 70.98.050. 94-01-073, 246-221-150, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-221-150, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 83-19-050 (Order 2026), 402-24-120, filed 9/16/83; Order 1095, 402-24-120, filed 2/6/76; Order 1, 402-24-120, filed 1/8/69; Rules (part), filed 10/26/66.]

Washington State Code Reviser's Office