WSR 07-14-130

PERMANENT RULES

DEPARTMENT OF HEALTH


[ Filed July 3, 2007, 12:25 p.m. , effective August 3, 2007 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The proposed rule simplifies the current x-ray registration fee structure so that the department can use the department of licensing's master license service. Changes are made in WAC 246-254-053, which specifies the various fee components and amounts. This complies with the governor's enterprise business portal initiative and RCW 19.02.050.

Citation of Existing Rules Affected by this Order: Amending WAC 246-254-001, 246-254-010, 246-254-020, 246-254-050, and 246-254-053.

Statutory Authority for Adoption: RCW 19.02.050, 43.20B.020, 43.70.110, 43.70.250, 70.98.080.

Adopted under notice filed as WSR 07-10-118 on May 2, 2007.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 5, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.

Date Adopted: July 3, 2007.

Mary C. Selecky

Secretary

OTS-9683.2


AMENDATORY SECTION(Amending Order 208, filed 10/29/91, effective 11/29/91)

WAC 246-254-001   Purpose and scope.   This chapter establishes fees charged for licensing, permitting, registration, and inspection services rendered by the ((division)) office of radiation protection as authorized under chapters 43.70, 70.98, and 70.121 RCW. These fees apply to owners and operators of radiation generating machines, users of radioactive material, operators of low-level radioactive waste disposal facilities, owners and operators of facilities emitting airborne radioactivity, and owners and operators of certain mineral processing and uranium or thorium milling operations and their associated tailings or waste.

[Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-001, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-001, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), 402-70-010, filed 12/11/86; 79-12-073 (Order 1459), 402-70-010, filed 11/30/79, effective 1/1/80.]


AMENDATORY SECTION(Amending Order 208, filed 10/29/91, effective 11/29/91)

WAC 246-254-010   Definitions.   As used in this chapter, the following definitions apply:

(1) "Application" means a completed RHF-1 or equivalent with supporting documentation requesting the department to grant authority to receive, possess, use, transfer, own or acquire radioactive material. For radiation machine facility registrations, "application" means the master business application and appropriate addenda used by the master license service of the department of licensing.

(2) "Compliance inspection" means a routinely scheduled visit to the licensee's facility and/or temporary job site(s) for the purpose of determining compliance with the radioactive material license and applicable regulations. This service is covered by the annual fee for the radioactive material license.

(3) "Department" means the department of health which has been designated as the state radiation control agency.

(4) "Direct staff time" means all work time directly applicable to or associated with a specific radioactive material licensee and includes license file review, inspection preparation, on-site visits, report writing, review and acknowledgement of correspondence, review of license applications, renewals and amendment requests, telephone contacts, and staff or management conferences specifically related to the license. Travel time is not considered direct staff time.

(5) "Emission unit" means the point of release of airborne emissions of radioactive material.

(6) "Environmental cleanup monitoring" means an on-site visit by the department to a licensee's facility or site of operation to determine the status of corrective actions to remove environmental radiation contamination resulting from the licensee's operation. Such a monitoring visit may include, but is not limited to, the review of the licensee's records pertaining to the environmental cleanup, observation of the licensee's cleanup work, sampling by the department for analysis, associated laboratory work, and the analysis of the information collected by the department.

(7) "Facility" means all buildings, structures and operations on one contiguous site using or identified by one physical location address designation.

(8) "Follow-up inspection" means an on-site visit to a licensee's facility to verify that prompt action was taken to correct significant items of noncompliance found by the department in a previous inspection. The first follow-up inspection is covered by the annual fee for the radioactive material license.

(9) "Inspection" means an official examination or observation by the department including but not limited to tests, surveys and monitoring to determine compliance with rules, regulations, orders, requirements and conditions of the department.

(10) "Investigation" means an on-site visit to a licensee's facility or site of operation when, in the department's judgment, it is required for the purpose of reviewing specific conditions, allegations, or other information regarding unusual conditions, operations, or practices. This service is covered by the annual fee for the radioactive material license.

(11) "License" means a license issued by the department in accordance with the regulations adopted by the department.

(12) "New license application" means a request to use radioactive material from a person not currently a licensee or from a current licensee requesting authorization to use radioactive material in a new way such that a change of fee category is required.

(13) "Perpetual care and maintenance" means further maintenance, surveillance or other care of milling or tailings impoundment sites after termination of the site operator's decommissioning responsibilities and license.

(14) "Registration" means registration with the department by any person possessing a source of ionizing radiation in accordance with regulations adopted by the department.

(15) "Sealed source and device evaluation" means a radiological safety evaluation performed by the department on the design, manufacture, and test data of any single sealed source and/or device model for the purpose of registering the sealed source or device with the United States Nuclear Regulatory Commission.

[Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-010, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), 402-70-020, filed 12/11/86; 79-12-073 (Order 1459), 402-70-020, filed 11/30/79, effective 1/1/80.]


AMENDATORY SECTION(Amending Order 208, filed 10/29/91, effective 11/29/91)

WAC 246-254-020   Payment of fees.   (1) Applicants, licensees, permittees, and registrants requesting or receiving licenses, permits, registrations, and actions or services by the department shall pay the applicable fee or fees for the license, permit, registration, and action or service provided by the department.

(2) The department shall charge a fee for each:

(a) Radiation machine facility registration, and radiation machine at the facility, if applicable;

(b) Radioactive material license;

(c) Service or action with respect to a radioactive material licensee not otherwise covered by fees;

(d) Cubic foot of low-level radioactive waste volume received at a commercial disposal site;

(e) Kilogram of uranium or thorium milled from ore; and

(f) Air emission permit.

(3) The department shall charge a fee for each radioactive material license based on the single highest fee category describing activities subject to the conditions of the license.

(4) The department shall charge the applicable license fee for each category when multiple licenses are required.

(5) The department may require multiple radioactive material licenses based upon:

(a) Physical separation of operations;

(b) Organizational separations within a licensee's operation;

(c) Complexity of uses of radioactive material such that two or more fee categories would apply to the operation.

(6) Each licensee, permittee, or registrant shall:

(a) Remit the full fee (i) at the fee rate established by rule at the time such fee is paid, and (ii) at least thirty days prior to the annual anniversary date for licensees or ((the biennial expiration date for registrants or)) (iii) on a payment schedule as provided in WAC 246-254-030 or other schedule as may be determined through partnership with the master license service of the department of licensing.

(b) Consider the annual anniversary to be the month and day of the expiration date of the existing radioactive material license, or other date as may be determined through partnership with the master license service of the department of licensing.

(7) The department shall refund one-half of the fee if an application is withdrawn prior to issuance of a radioactive material license.

(8) If there is a change by the applicant, licensee, permittee or registrant resulting in a higher fee category, the applicant, licensee, permittee, or registrant shall pay ((an additional fee)) a prorated fee for the remainder of the fee interval.

(9) Each licensee, permittee, or registrant shall remit the full amount of any quarterly billing or individual billing for licensing or compliance actions within thirty days of receipt of the bill.

(10) Fees due on or after the effective date of these regulations shall be at the rate prescribed in this chapter.

[Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-020, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-020, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), 402-70-030, filed 12/11/86; 79-12-073 (Order 1459), 402-70-030, filed 11/30/79, effective 1/1/80.]


AMENDATORY SECTION(Amending Order 208, filed 10/29/91, effective 11/29/91)

WAC 246-254-050   Method of payment.   (1) For radiation machine facility registration application and renewal fees, applicants and registrants shall submit payment to the master license service of the department of licensing.

(2) For all other fees and charges including shielding plan review and follow-up inspection fees, licensees, permittees and registrants shall:

(((1))) (a) Submit fee payments by check, draft or money order made payable to the department of health; and

(((2))) (b) Include fee payment with the application for license or submit the fee by mail, in person, or by courier to the address provided in the bill or bill correspondence.

[Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-050, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-050, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), 402-70-050, filed 12/11/86; 79-12-073 (Order 1459), 402-70-050, filed 11/30/79, effective 1/1/80.]


AMENDATORY SECTION(Amending WSR 05-24-108, filed 12/7/05, effective 1/7/06)

WAC 246-254-053   Radiation machine facility registration fees.   (1) Radiation machine facility fees apply to each person or facility owning, leasing ((and)) or using radiation-producing machines. The annual facility fee consists of the base registration fee and a per tube charge, where applicable.


((FEE TYPE FEE
(a) Annual Base Registration Fee $68
(b) Late registration or re-registration $68
(c) Tube Fees See Table 1


TABLE 1

Radiation Tube Fees

Group First

Tube

Each

Additional Tube

(i) Group A:

Dental, Podiatric, Veterinary, Bone Densitometers uses

$69 $35
(ii) Group B:

Hospital, Medical, Chiropractic uses

$190 $100
(iii) Group C:

Industrial, research, and other uses

$107 $35
(iv) Group D:

Electron Microscopes, Mammographic X-ray Machines

NA NA))


(a) Radiation Machine Facility Fees
Type of Facility Facility Base Fee Added Fee per Tube
(i) Dental, podiatric, veterinary uses $102 See following table
(ii) Hospital, medical, chiropractic uses $158 See following table
(iii) Industrial, research, educational, security, or other facilities $140 See following table
(iv) Mammography only $68 N/A
(v) Bone densitometry only $68 N/A
(vi) Electron microscopes only $68 N/A
(vii) Bomb squad only $68 N/A
(viii) Radiation safety program as specified in subsection (3) of this section $4,441 N/A


(b) Radiation Machine Tube Fees
Type of Tube Added Fee per Tube
(i) Dental (intraoral, panoramic, cephalometric, dental radiographic, and dental CT) $35
(ii) Veterinary (radiographic, fluoroscopic, portable, mobile) $35
(iii) Podiatric uses (radiographic, fluoroscopic) $35
(iv) Mammography N/A
(v) Bone densitometry N/A
(vi) Electron microscope N/A
(vii) Bomb squad N/A
(viii) Medical radiographic (includes R/F combinations, fixed, portable, mobile) $100
(ix) Medical fluoroscopic (includes R/F combinations, C-arm, Simulator, fixed, portable, mobile) $100
(x) Therapy (Grenz Ray, Orthovoltage, nonaccelerator) $100
(xi) Accelerators (therapy, other medical uses) $100
(xii) Computer tomography (CT, CAT scanner) $100
(xiii) Stereotactic (mammography) $100
(xiv) Industrial radiographic $35
(xv) Analytical, X-ray fluorescence $35
(xvi) Industrial accelerators $35
(xvii) Airport baggage $35
(xviii) Cabinet (industrial, security, mail, other) $35
(xiv) Other industrial uses (includes industrial fluoroscopic uses) $35


(2) X-ray shielding fees.

(a) Facilities regulated under the shielding plan requirements of WAC 246-225-030 or 246-227-150 are subject to a $255 X-ray shielding review fee for each X-ray room plan submitted. A registrant may request an expedited plan review for an additional $500 for each X-ray room plan. Expedited plan means the department will complete the plan review within two business days of receiving all required information from the registrant.

(b) If a facility regulated under WAC 246-225-030 or 246-227-150 operates without submittal and departmental approval of X-ray shielding calculations and a floor plan it will be subject to a shielding design follow-up fee of $500.

(3) Radiation safety fee. If a facility or group of facilities under one administrative control employs two or more full-time individuals whose positions are entirely devoted to in-house radiation safety, the facility shall pay a flat, annual fee ((of $4,441)) as specified in subsection (1)(a)(viii) of this section.

(4) Consolidation of registration. Facilities may consolidate X-ray machine registrations into a single registration after notifying the department in writing and documenting that a single business license applies ((if the geographical location (parcel number) is the same)) to all buildings, structures and operations on one contiguous site using or identified by one physical address location designation.

(5) Inspection fees.

(a) The cost of routine, periodic inspections, including the initial inspection, are covered under the base fee and tube registration fees as described in subsection (1) of this section.

(b) Facilities requiring follow-up inspections due to uncorrected noncompliances must pay an inspection follow-up fee of $90.

(6) A facility's annual registration fee is valid for a specific geographical location and person only. It is not transferable to another geographical location or owner or user.

[Statutory Authority: RCW 70.98.080, 43.20B.020, 43.70.110, and 43.70.250. 05-24-108, 246-254-053, filed 12/7/05, effective 1/7/06. Statutory Authority: RCW 43.70.250. 04-12-125, 246-254-053, filed 6/2/04, effective 7/3/04. Statutory Authority: RCW 43.70.250 and 43.70.110. 03-13-122, 246-254-053, filed 6/18/03, effective 7/19/03. Statutory Authority: RCW 43.70.250 and 2001 2nd sp.s. c 7 220. 02-07-085, 246-254-053, filed 3/19/02, effective 4/19/02. Statutory Authority: RCW 43.70.110. 01-14-048, 246-254-053, filed 6/29/01, effective 7/30/01; 99-13-085, 246-254-053, filed 6/14/99, effective 7/15/99; 98-11-066, 246-254-053, filed 5/19/98, effective 7/1/98. Statutory Authority: RCW 43.70.110, 43.70.250 and chapter 70.98 RCW. 98-01-047, 246-254-053, filed 12/8/97, effective 1/8/98; 96-11-043, 246-254-053, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-053, filed 5/25/95, effective 6/25/95; 94-11-010, 246-254-053, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-053, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-053, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-053, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20B.110. 89-16-064 (Order 2839), 440-44-050, filed 7/31/89, effective 8/31/89. Statutory Authority: RCW 43.20A.055. 86-08-054 (Order 2359), 440-44-050, filed 3/28/86. Statutory Authority: Chapter 70.98 RCW and 1985 c 383. 85-20-021 (Order 2283), 440-44-050, filed 9/23/85. Statutory Authority: RCW 43.20A.055. 85-13-007 (Order 2238), 440-44-050, filed 6/7/85; 83-12-058 (Order 1965), 440-44-050, filed 6/1/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-050, filed 6/4/82.]

Washington State Code Reviser's Office