WSR 98-06-078

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF HEALTH

[Filed March 3, 1998, 4:55 p.m.]

Subject of Possible Rule Making: Deletion of an unnecessary requirement to report radiation dosimetry results to the department.

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: In 1994, during a major revision of all radiation rules required by the United States Nuclear Regulatory Commission (NRC), a rule requiring certain radioactive materials licensees to annually report the results of personnel dosimetry was inadvertently added to the regulations. The NRC collects and analyzes this data from its own licensees, however, NRC does not require this data from Washington state licensees and there is no reason for the state radiation control agency to demand it from them. Washington state licensees have attempted to comply with this regulation because it exists in WAC. Collecting, copying and sending this information to the state radiation control program is an unnecessary burden for Washington state licensees. The agency desires to remove this requirement from the rules by amending WAC 246-221-265.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The requirement to report certain dosimetry results was patterned after the United States Nuclear Regulatory Commission. This is the only other agency that regulates this subject. The state radiation control agency works closely with the NRC to assure that state regulations are compatible with those of the NRC. This particular federal rule has been determined by NRC to be an area where state rule compatibility is not required.

Process for Developing New Rule: Agency will inform interested parties and solicit comments through mailings.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. The state radioactive materials licensees affected by this rule and other interested parties will be mailed a copy of the CR-101 and provided twenty days to comment. Contact Terry C. Frazee, Supervisor, Radioactive Materials Section, P.O. Box 47827, Olympia, WA 98504-7827, (360) 236-3221, FAX (360) 236-2255.

March 3, 1998

Bruce Miyahara