(1) Deleterious concentrations of radioactive materials for all classes shall be as determined by the lowest practicable concentration attainable and in no case shall exceed:
(a) 1/12.5 of the values listed in WAC
246-221-290 (Column 2, Table II, effluent concentrations, rules and regulations for radiation protection); or
(b) USEPA Drinking Water Regulations for radionuclides, as published in the Federal Register of July 9, 1976, or subsequent revisions thereto.
(2) Nothing in this chapter shall be interpreted to be applicable to those aspects of governmental regulation of radioactive waters which have been preempted from state regulation by the Atomic Energy Act of 1954, as amended, as interpreted by the United States Supreme Court in the cases of Northern States Power Co. v. Minnesota 405 U.S. 1035 (1972) and Train v. Colorado Public Interest Research Group, 426 U.S. 1 (1976).
[Statutory Authority: Chapters
90.48 and
90.54 RCW. WSR 03-14-129 (Order 02-14), recodified as § 173-201A-250, filed 7/1/03, effective 8/1/03. Statutory Authority: Chapter
90.48 RCW and 40 C.F.R. 131. WSR 97-23-064 (Order 94-19), § 173-201A-050, filed 11/18/97, effective 12/19/97. Statutory Authority: Chapter
90.48 RCW. WSR 92-24-037 (Order 92-29), § 173-201A-050, filed 11/25/92, effective 12/26/92.]