PERMANENT RULES
Date of Adoption: December 26, 2000.
Purpose: To bring radiation regulations into conformance with the United States Nuclear Regulatory Commission rules on exemption of C-14 urea capsules and to make other corrections and housekeeping changes.
Citation of Existing Rules Affected by this Order: Amending WAC 246-232-006 through 246-232-014, 246-232-040, 246-232-120, and 246-232-130.
Statutory Authority for Adoption: RCW 70.98.050.
Adopted under notice filed as WSR 00-19-080 on September 20, 2000.
Changes Other than Editing from Proposed to Adopted Version: WAC 246-232-008 (2)(a), this change was made at the request of the Nuclear Regulatory Commission (NRC) to adjust the measurement of "1 centimeter" to "10 centimeters." This change corrects an error made in previous rule revisions, brings the rule into conformance with NRC rules, and effectively relaxes the criteria.
WAC 246-232-009 (7)(a) and (b), this change was made at the request of the NRC to specify the number and quantity of exempt sources of radioactive material allowed for use in ionizing radiation measuring instruments. This change corrects and omission made in previous rule revisions, brings the rule into conformance with NRC rules, and is not expected to impact regulated parties in Washington.
WAC 246-232-011 and 246-232-013, these changes were made at the request of the NRC to clarify who must be licensed by the NRC under Sections 32.22, 32.16 and 32.17 of 10 C.F.R. Part 32. These changes correct errors made in previous rule revisions, and bring the rule into conformance with NRC rules.
Additional changes from the proposed to adopted versions of the rule were editorial and made solely for clarity.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 4, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 7, Amended 4, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 8, Amended 4, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
December 26, 2000
Nancy Ellison
Deputy Secretary
for Mary Selecky
Secretary
OTS-4339.3
NEW SECTION
WAC 246-232-006
Exemption of certain source material.
(1)
A person is exempt from this chapter and chapters 246-233 and
246-235 WAC to the extent that the person receives, possesses,
uses, owns, or transfers source material in any chemical mixture,
compound, solution or alloy in which the source material is by
weight less than 1/20 of one percent (0.05 percent) of the
mixture, compound, solution, or alloy.
(2) A person is exempt from this chapter and chapters 246-233 and 246-235 WAC to the extent that the person receives, possesses, uses or transfers unrefined and unprocessed ore containing source material, provided such person shall not refine or process such ore unless authorized to do so in a specific license.
(3) A person is exempt from this chapter and chapters 246-233 and 246-235 WAC to the extent that the person receives, possesses, uses or transfers:
(a) Any quantities of thorium contained in:
(i) Incandescent gas mantles;
(ii) Vacuum tubes;
(iii) Welding rods;
(iv) Electric lamps for illuminating purposes if each lamp contains fifty milligrams or less of thorium;
(v) Germicidal lamps, sunlamps and lamps for outdoor or industrial lighting if each lamp contains two grams or less of thorium;
(vi) Rare earth metals and compounds, mixtures, and products containing 0.25 percent or less by weight thorium, uranium, or any combination of these; or
(vii) Personnel neutron dosimeters if each dosimeter contains 50 milligrams or less of thorium;
(b) Source material contained in the following products:
(i) Glazed ceramic tableware if the glaze contains twenty percent or less by weight source material; and
(ii) Piezoelectric ceramic containing two percent or less by weight source material;
(c) Photographic film, negatives and prints containing uranium or thorium;
(d) Any finished product or part fabricated of, or containing, tungsten-thorium or magnesium-thorium alloys if the thorium content of the alloy is four percent or less by weight. The exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any such product or part;
(e) Thorium contained in finished optical lenses if each lens contains thirty percent or less by weight of thorium. The exemption contained in this subparagraph shall not be deemed to authorize either:
(i) The shaping, grinding or polishing of lens or manufacturing processes other than the assembly of such lens into optical systems and devices without alteration of the lens; or
(ii) The receipt, possession, use or transfer of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments;
(f) Uranium contained in detector heads for use in fire detection units if each detector head contains 0.005 microcuries or less of uranium; or
(g) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy if:
(i) The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and
(ii) The thorium content in the nickel-thoria alloy is four percent or less by weight.
(4) The exemptions in subsection (3) of this section do not authorize the manufacture of any of the products described.
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(a) Depleted uranium contained in counterweights installed in aircraft, rockets, projectiles and missiles, or stored or handled in connection with installation or removal of such counterweights if:
(i) The counterweights are manufactured in accordance with a specific license issued by the United States Nuclear Regulatory Commission authorizing distribution by the licensee pursuant to 10 C.F.R. Part 40;
(ii) Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM"*;
(iii) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED"*; and
(iv) The exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any such counterweight other than repair or restoration of any plating or other covering;
*Note: | The requirements specified in (c) (v) (B) and (C) of this subsection need not be met by counterweights manufactured prior to December 31, 1969: Provided, That such counterweights are impressed with the legend, "CAUTION - RADIOACTIVE MATERIAL - URANIUM," as previously required by the regulations. |
(2) The exemptions in this subsection do not authorize the manufacture of any of the products described.
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*Note: | Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or by-product material whose subsequent possession, use, transfer and disposal by all other persons who are exempted from regulatory requirements may be obtained only from the United States Nuclear Regulatory Commission, Washington, D.C. 20555. |
(b) 5 millicuries or less of tritium per hand;
(c) 15 millicuries or less of tritium per dial (bezels when used shall be considered as part of the dial);
(d) 100 microcuries or less of promethium-147 per watch or 200 microcuries or less of promethium-147 per any other timepiece;
(e) 20 microcuries or less of promethium-147 per watch hand or 40 microcuries or less of promethium-147 per other timepiece hand;
(f) 60 microcuries or less of promethium-147 per watch dial or 120 microcuries or less of promethium-147 per other timepiece dial (bezels when used shall be considered as part of the dial);
(2) The levels of radiation from hands and dials containing promethium-147 will not exceed, when measured through 50 milligrams per square centimeter of absorber:
(a) For wrist watches, 0.1 millirad per hour at 10 centimeters from any surface;
(b) For pocket watches, 0.1 millirad per hour at 1 centimeter from any surface;
(c) For any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface.
(3) One microcurie of radium-226 per timepiece in timepieces manufactured prior to the effective date of these regulations.
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*Note: | Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or by-product material whose subsequent possession, use, transfer and disposal by all other persons who are exempted from regulatory requirements may be obtained only from the United States Nuclear Regulatory Commission, Washington, D.C. 20555. |
(2) Precision balances containing 1 millicurie or less of tritium per balance or 0.5 millicurie or less of tritium per balance part.
(3) Automobile shift quadrants containing 25 millicuries or less of tritium.
(4) Marine compasses containing 750 millicuries or less of tritium gas and other marine navigational instruments containing 250 millicuries or less of tritium gas.
(5) Thermostat dials and pointers containing 25 millicuries or less of tritium per thermostat.
(6) Electron tubes* if each tube contains no more than one of the following specified quantities of radioactive material and the levels of radiation from each electron tube do not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber:
(a) 150 millicuries or less of tritium per microwave receiver protector tube or 10 millicuries or less of tritium per any other electron tube;
(b) 1 microcurie or less of cobalt-60;
(c) 5 microcuries or less of nickel-63;
(d) 30 microcuries or less of krypton-85;
(e) 5 microcuries or less of cesium-137;
(f) 30 microcuries or less of promethium-147;
(g) 1 microcurie or less of radium-226:
*Note: | For purposes of this subdivision, "electron tubes" include spark gap tubes, power tubes, gas tubes including glow lamps, receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes, and any other completely sealed tube that is designed to conduct or control electrical currents. |
(a) Each individual source shall not exceed 0.05 microcuries of americium-241 or the applicable exempt quantity set forth in WAC 246-232-120, Schedule B.
(b) An individual source may contain more than one radionuclide but the total quantity in the individual source shall not exceed unity based on the sum of the fractional parts of one or more of the exempt quantities set forth in WAC 246-232-120, Schedule B. For purposes of this subsection, 0.05 microcuries of americium-241 is considered an exempt quantity.
(8) Spark gap irradiators containing 1 microcurie or less of cobalt-60 per spark gap irradiator for use in electrically ignited fuel oil burners having a firing rate of at least three gallons (11.4 liters) per hour.
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(a) Any person is exempt from this chapter and chapters 246-233 and 246-235 WAC to the extent that such person receives, possesses, uses, owns, or transfers source material in any chemical mixture, compound, solution or alloy in which the source material is by weight less than 1/20 of one percent (0.05 percent) of the mixture, compound, solution, or alloy.
(b) Any person is exempt from this chapter and chapters 246-233 and 246-235 WAC to the extent that such person receives, possesses, uses or transfers unrefined and unprocessed ore containing source material: Provided, That, except as authorized in a specific license, such person shall not refine or process such ore.
(c) Any person is exempt from this chapter and chapters 246-233 and 246-235 WAC to the extent that such person receives, possesses, uses or transfers:
(i) Any quantities of thorium contained in:
(A) Incandescent gas mantles;
(B) Vacuum tubes;
(C) Welding rods;
(D) Electric lamps for illuminating purposes provided that each lamp does not contain more than fifty milligrams of thorium;
(E) Germicidal lamps, sunlamps and lamps for outdoor or industrial lighting provided that each lamp does not contain more than two grams of thorium;
(F) Rare earth metals and compounds, mixtures, and products containing not more than 0.25 percent by weight thorium, uranium, or any combination of these; or
(G) Personnel neutron dosimeters, provided each dosimeter does not contain more than 50 milligrams of thorium;
(ii) Source material contained in the following products:
(A) Glazed ceramic tableware: Provided, That the glaze contains not more than twenty percent by weight source material; and
(B) Piezoelectric ceramic containing not more than two percent by weight source material;
(iii) Photographic film, negatives and prints containing uranium or thorium;
(iv) Any finished product or part fabricated of, or containing, tungsten-thorium or magnesium-thorium alloys: Provided, That the thorium content of the alloy does not exceed four percent by weight and that the exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any such product or part;
(v) Depleted uranium contained in counterweights installed in aircraft, rockets, projectiles and missiles, or stored or handled in connection with installation or removal of such counterweights, provided that:
(A) The counterweights are manufactured in accordance with a specific license issued by the United States Nuclear Regulatory Commission authorizing distribution by the licensee pursuant to 10 CFR Part 40;
(B) Each counterweight has been impressed with the following legend clearly legible through any plating or other covering: "DEPLETED URANIUM"*;
(C) Each counterweight is durably and legibly labeled or marked with the identification of the manufacturer and the statement: "UNAUTHORIZED ALTERATIONS PROHIBITED"*; and
(D) The exemption contained in this subparagraph shall not be deemed to authorize the chemical, physical or metallurgical treatment or processing of any such counterweight other than repair or restoration of any plating or other covering;
*Note:The requirements specified in (c)(v)(B) and (C) of this subsection need not be met by counterweights manufactured prior
to December 31, 1969: Provided, That such counterweights are impressed with the legend, "CAUTION - RADIOACTIVE
MATERIAL - URANIUM," as previously required by the regulations.(vi) Depleted uranium used as shielding constituting part of
any shipping container which is conspicuously and legibly
impressed with the legend "CAUTION - RADIOACTIVE SHIELDING - URANIUM"
and the uranium metal is encased in mild steel or in an equally
fire resistant metal of a minimum wall thickness of 3.2
millimeters.
(vii) Thorium contained in finished optical lenses: Provided, That each lens does not contain more than thirty percent by weight of thorium, and that the exemption contained in this subparagraph shall not be deemed to authorize either:
(A) The shaping, grinding or polishing of such lens or manufacturing processes other than the assembly of such lens into optical systems and devices without alteration of the lens; or
(B) The receipt, possession, use or transfer of thorium contained in contact lenses, or in spectacles, or in eyepieces in binoculars or other optical instruments;
(viii) Uranium contained in detector heads for use in fire detection units: Provided, That each detector head contains not more than 0.005 microcuries of uranium; or
(ix) Thorium contained in any finished aircraft engine part containing nickel-thoria alloy, provided that:
(A) The thorium is dispersed in the nickel-thoria alloy in the form of finely divided thoria (thorium dioxide); and
(B) The thorium content in the nickel-thoria alloy does not exceed four percent by weight.
(d) The exemptions in (c) of this subsection do not authorize the manufacture of any of the products described.
(2) Radioactive material other than source material.
(a))) Exempt concentrations.
(((i))) (a) Except as provided in (((a)(ii))) (b) of this
subsection ((any)), a person is exempt from this chapter and
chapters 246-233 and 246-235 WAC to the extent that ((such)) the
person receives, possesses, uses, transfers, owns or acquires
products or materials containing radioactive material in
concentrations ((not in excess of)) less than or equal to those
listed in WAC 246-232-130, Schedule C.
(((ii))) (b) No person may introduce radioactive material
into a product or material, knowing or having reason to believe,
that it will be transferred to persons exempt under (a)(((i))) of
this subsection or equivalent regulations of the United States
Nuclear Regulatory Commission, any agreement state or licensing
state, except in accordance with a specific license issued
((pursuant to)) under WAC 246-235-105 or the general license
provided in WAC 246-232-040.
(((b))) (2) Exempt quantities.
(((i))) (a) Except as provided in (b)(((ii))) and (((iii)))
(c) of this subsection ((any)), a person is exempt from these
regulations to the extent that such person receives, possesses,
uses, transfers, owns or acquires radioactive material in
individual quantities each of which ((does not exceed)) is less
than or equal to the applicable quantity set forth in WAC 246-232-120, Schedule B.
(((ii))) (b) This ((paragraph, WAC 246-232-010 (2)(b),))
subsection does not authorize the production, packaging or
repackaging of radioactive material for purposes of commercial
distribution, or the incorporation of radioactive material into
products intended for commercial distribution.
(((iii))) (c) No person may, for purposes of commercial
distribution, transfer radioactive material in the individual
quantities set forth in WAC 246-232-120, Schedule B, knowing or
having reason to believe that such quantities of radioactive
material will be transferred to persons exempt under (((b)))
subsection (2) of this ((subsection)) section or equivalent
regulations of the United States Nuclear Regulatory Commission or
any agreement state or licensing state, except in accordance with
a specific license issued by the United States Nuclear Regulatory
Commission, ((pursuant to)) under Section 32.18 of 10 CFR Part 32
or by the department ((pursuant to)) under WAC 246-235-105 which
license states that the radioactive material may be transferred
by the licensee to persons exempt under (((b))) subsection (2) of
this ((subsection)) section or the equivalent regulations of the
United States Nuclear Regulatory Commission or any agreement
state or licensing state.
(((c) Exempt items.
(i) Certain items containing radioactive material. Except for persons who apply radioactive material to, or persons who incorporate radioactive material into the following products, any person is exempt from these regulations to the extent that person receives, possesses, uses, transfers, owns or acquires the following products:*
*Note:Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device,
commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer
and disposal by all other persons who are exempted from regulatory requirements may be obtained only from the United
States Nuclear Regulatory Commission, Washington, D.C. 20555.
(A) Timepieces or hands or dials containing not more than
the following specified quantities of radioactive material and
not exceeding the following specified levels of radiation:
25 millicuries of tritium per timepiece;
5 millicuries of tritium per hand;
15 millicuries of tritium per dial (bezels when used shall be considered as part of the dial);
100 microcuries of promethium - 147 per watch or 200 microcuries of promethium - 147 per any other timepiece;
20 microcuries of promethium - 147 per watch hand or 40 microcuries of promethium - 147 per other timepiece hand;
60 microcuries of promethium - 147 per watch dial or 120 microcuries of promethium - 147 per other timepiece dial (bezels when used shall be considered as part of the dial);
The levels of radiation from hands and dials containing promethium - 147 will not exceed, when measured through 50 milligrams per square centimeter of absorber:
For wrist watches, 0.1 millirad per hour at 1 centimeter from any surface;
For pocket watches, 0.1 millirad per hour at 1 centimeter from any surface;
For any other timepiece, 0.2 millirad per hour at 10 centimeters from any surface.
One microcurie of radium-226 per timepiece in timepieces manufactured prior to the effective date of these regulations.
(B) Lock illuminators containing not more than 15
millicuries of tritium or not more than 2 millicuries of
promethium - 147 installed in automobile locks. The levels of
radiation from each lock illuminator containing promethium - 147
will not exceed 1 millirad per hour at 1 centimeter from any
surface when measured through 50 milligrams per square centimeter
of absorber.
(C) Precision balances containing not more than 1 millicurie of tritium per balance or not more than 0.5 millicurie of tritium per balance part.
(D) Automobile shift quadrants containing not more than 25 millicuries of tritium.
(E) Marine compasses containing not more than 750 millicuries of tritium gas and other marine navigational instruments containing not more than 250 millicuries of tritium gas.
(F) Thermostat dials and pointers containing not more than 25 millicuries of tritium per thermostat.
(G) Electron tubes: Provided, That each tube does not contain more than one of the following specified quantities of radioactive material:
(aa) 150 millicuries of tritium per microwave receiver protector tube or 10 millicuries of tritium per any other electron tube;
(bb) 1 microcurie of cobalt-60;
(cc) 5 microcuries of nickel-63;
(dd) 30 microcuries of krypton-85;
(ee) 5 microcuries of cesium-137;
(ff) 30 microcuries of promethium-147;
(gg) 1 microcurie of radium-226:
And provided further, That the levels of radiation from each electron tube containing radioactive material does not exceed 1 millirad per hour at 1 centimeter from any surface when measured through 7 milligrams per square centimeter of absorber.*
*Note:For purposes of this subdivision, "electron tubes" include spark gap tubes, power tubes, gas tubes including glow lamps,
receiving tubes, microwave tubes, indicator tubes, pick-up tubes, radiation detection tubes, and any other completely
sealed tube that is designed to conduct or control electrical currents.
(H) Ionizing radiation measuring instruments containing, for
purposes of internal calibration or standardization, a source of
radioactive material not exceeding 0.05 microcuries of
americium-241 or the applicable quantity set forth in WAC 246-232-120, Schedule B.
(I) Spark gap irradiators containing not more than 1 microcurie of cobalt-60 per spark gap irradiator for use in electrically ignited fuel oil burners having a firing rate of at least three gallons (11.4 liters) per hour.
(ii) Self-luminous products containing radioactive material(s).
(A) Tritium, krypton-85 or promethium-147. Except for persons who manufacture, process or produce self-luminous products containing tritium, krypton-85 or promethium-147, any person is exempt from these regulations to the extent that such person receives, possesses, uses, transfers, owns or acquires tritium, krypton-85 or promethium-147 in self-luminous products manufactured, processed, produced, imported or transferred in accordance with a specific license issued by the United States Nuclear Regulatory Commission pursuant to Section 32.22 of 10 CFR Part 32, which license authorizes the transfer of the product to persons who are exempt from regulatory requirements. The exemption in (c)(ii) of this subsection does not apply to tritium, krypton-85 or promethium-147 used in products for frivolous purposes or in toys or adornments.
(B) Radium-226. Any person is exempt from these regulations to the extent that such person receives, possesses, uses, transfers or owns articles containing less than 0.1 microcurie of radium-226 which were manufactured prior to October 1983.
(iii) Gas and aerosol detectors containing radioactive material.
(A) Except for persons who manufacture, process or produce gas and aerosol detectors containing radioactive material, any person is exempt from these regulations to the extent that such person receives, possesses, uses, transfers, owns or acquires radioactive material in gas and aerosol detectors designed to protect life or property from fires and airborne hazards: Provided, That detectors containing radioactive material shall have been manufactured, imported, or transferred in accordance with a specific license issued by the United States Nuclear Regulatory Commission* or an agreement state, pursuant to Section 32.26 of 10 CFR Part 32, or licensing state pursuant to WAC 246-235-105, which authorizes the transfer of the detectors to persons who are exempt from regulatory requirements.
*Note:Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device,
commodity, or other product containing source material or byproduct material whose subsequent possession, use, transfer
and disposal by all other persons are exempted from regulatory requirements may be obtained only from the United States
Nuclear Regulatory Commission, Washington, D.C. 20555.
(B) Gas and aerosol detectors previously manufactured and
distributed to general licensees in accordance with a specific
license issued by an agreement state shall be considered exempt
under (c)(iii)(A) of this subsection: Provided, That the device
is labeled in accordance with the specific license authorizing
distribution of the generally licensed device: And provided
further, That they meet the requirements of WAC 246-235-105.
(C) Gas and aerosol detectors containing naturally occurring and accelerator-produced radioactive material (NARM) previously manufactured and distributed in accordance with a specific license issued by a licensing state shall be considered exempt under (c)(iii)(A) of this subsection: Provided, That the device is labeled in accordance with the specific license authorizing distribution of the generally licensed device, and provided further that they meet the requirements of WAC 246-235-105.
(iv) Resins containing scandium-46 and designed for sand consolidation in oil wells. Any person is exempt from these regulations to the extent that such person receives, possesses, uses, transfers, owns or acquires synthetic plastic resins containing scandium-46 which are designed for sand consolidation in oil wells. Such resins shall have been manufactured or imported in accordance with a specific license issued by the United States Nuclear Regulatory Commission or shall have been manufactured in accordance with the specifications contained in a specific license issued by the department or any agreement state to the manufacturer of such resins pursuant to licensing requirements equivalent to those in Sections 32.16 and 32.17 of 10 CFR Part 32 of the regulations of the United States Nuclear Regulatory Commission. This exemption does not authorize the manufacture of any resins containing scandium-46.))
[Statutory Authority: RCW 70.98.050. 98-13-037, 246-232-010, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), 246-232-010, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-232-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), 402-19-190, filed 12/11/86; 83-19-050 (Order 2026), 402-19-190, filed 9/16/83. Statutory Authority: RCW 70.98.050. 81-01-011 (Order 1570), 402-19-190, filed 12/8/80. Statutory Authority: RCW 70.98.080. 79-12-073 (Order 1459), 402-19-190, filed 11/30/79, effective 1/1/80. Formerly WAC 402-20-190.]
(2) Radium-226. A person is exempt from these regulations to the extent that the person receives, possesses, uses, transfers or owns articles containing less than 0.1 microcurie of radium-226 which were manufactured prior to October 1983.
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*Note: | Authority to transfer possession or control by the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source material or by-product material whose subsequent possession, use, transfer and disposal by all other persons are exempted from regulatory requirements may be obtained only from the United States Nuclear Regulatory Commission, Washington, D.C. 20555. |
(3) Gas and aerosol detectors containing naturally occurring and accelerator-produced radioactive material (NARM) previously manufactured and distributed in accordance with a specific license issued by a licensing state shall be considered exempt under subsection (1) of this section if the device is labeled in accordance with the specific license authorizing distribution of the generally licensed device, and if the device meets the requirements of WAC 246-235-105.
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(2) A person who desires to use the capsules for research involving human subjects shall apply for and receive a specific license under WAC 246-235-080.
(3) A person who desires to manufacture, prepare, process, produce, package, repackage, or transfer for commercial distribution these capsules shall apply for and receive a specific license from the United States Nuclear Regulatory Commission under Section 32.21 of 10 C.F.R. Part 32.
(4) Nothing in this section relieves persons from complying with applicable United States Food and Drug Administration, other federal, and state requirements governing receipt, administration, and use of drugs.
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(a) The licensing document does not limit the activity authorized by such document to specified installations or locations;
(b) The licensed activity is not conducted in an area under exclusive federal jurisdiction;
(c) The out-of-state licensee notifies the department in writing and pays or has paid the appropriate fee (refer to chapter 246-254 WAC), at least three days prior to each entry to the state to engage in such activity. The written notification must be sent to the Radioactive Materials Section, Department of Health, Mailstop 47827, Olympia, Washington 98504-7827 and the fee should be sent to Washington State Department of Health, Revenue Accounting, P.O. Box 1099, Olympia, Washington 98504. Such notification shall indicate the location, period, and type of proposed possession and use within the state, and shall be accompanied by copies of the pertinent licensing documents. If, for a specific case, the three-day period would impose an undue hardship on the out-of-state licensee, the licensee may, upon telephone application to the department (360 236-3220), obtain permission to proceed sooner. The department may waive the requirement for filing additional written notifications during the remainder of the twelve months following the receipt of the initial notification from a person engaging in activities under the general license provided in this subsection;
(d) The out-of-state licensee complies with all applicable regulations of the department and with all the terms and conditions of the licensing document, except any such terms and conditions which may be inconsistent with applicable regulations of the department;
(e) The out-of-state licensee supplies such other information as the department may request; and
(f) The out-of-state licensee shall not transfer or dispose of radioactive material possessed or used under the general license provided in this subsection except by transfer to a person:
(i) Specifically licensed by the department or by the United States Nuclear Regulatory Commission, an agreement state or a licensing state to receive such material; or
(ii) Exempt from the requirements for a license for such
material under WAC 246-232-010 (((2)(a))) (1).
(2) Notwithstanding the provisions of subsection (1) of this section, any person who holds a specific license issued by the United States Nuclear Regulatory Commission, an agreement state or a licensing state authorizing the holder to manufacture, transfer, install, or service a device described in WAC 246-233-020(4) within the areas subject to the jurisdiction of the licensing body is hereby granted a general license to install, transfer, demonstrate or service a device in this state in areas not under exclusive federal jurisdiction provided that:
(a) Such person shall file a report with the department within thirty days after the end of each calendar quarter in which any device is transferred to or installed in this state. Each such report shall identify each general licensee to whom such device is transferred by name and address, the type of device transferred, and the quantity and type of radioactive material contained in the device;
(b) The device has been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license issued to such person by the United States Nuclear Regulatory Commission, an agreement state or a licensing state;
(c) Such person shall assure that any labels required to be affixed to the device under regulations of the authority which licensed manufacture of the device bear a statement that "Removal of this label is prohibited"; and
(d) The holder of the specific license shall furnish to each general licensee to whom such device is transferred or on whose premises such device is installed a copy of the general license contained in WAC 246-233-020(4).
(3) The department may withdraw, limit, or qualify its acceptance of any specific license or equivalent licensing document issued by another agency, or any product distributed pursuant to such licensing document, upon determining that such action is necessary in order to prevent undue hazard to public health and safety or property.
[Statutory Authority: RCW 70.98.050. 99-15-105, 246-232-040, filed 7/21/99, effective 8/21/99; 98-13-037, 246-232-040, filed 6/8/98, effective 7/9/98. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), 246-232-040, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-232-040, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), 402-19-250, filed 12/11/86; 83-19-050 (Order 2026), 402-19-250, filed 9/16/83. Statutory Authority: RCW 70.98.050. 81-01-011 (Order 1570), 402-19-250, filed 12/8/80. Statutory Authority: RCW 70.98.080. 79-12-073 (Order 1459), 402-19-250, filed 11/30/79, effective 1/1/80. Formerly WAC 402-20-210.]
Radioactive Material | Microcuries |
Antimony-122 (Sb-122) | 100 |
Antimony-124 (Sb-124) | 10 |
Antimony-125 (Sb-125) | 10 |
Arsenic-73 (As-73) | 100 |
Arsenic-74 (As-74) | 10 |
Arsenic-76 (As-76) | 10 |
Arsenic-77 (As-77) | 100 |
Barium-131 (Ba-131) | 10 |
Barium-133 (Ba-133) | 10 |
Barium-140 (Ba-140) | 10 |
Bismuth-210 (Bi-210) | 1 |
Bromine-82 (Br-82) | 10 |
Cadmium-109 (Cd-109) | 10 |
Cadmium-115m (Cd-115m) | 10 |
Cadmium-115 (Cd-115) | 100 |
Calcium-45 (Ca-45) | 10 |
Calcium-47 (Ca-47) | 10 |
Carbon-14 (C-14) | 100 |
Cerium-141 (Ce-141) | 100 |
Cerium-143 (Ce-143) | 100 |
Cerium-144 (Ce-144) | 1 |
Cesium-129 (Cs-129) | 100 |
Cesium-131 (Cs-131) | 1,000 |
Cesium-134m (Cs-134m) | 100 |
Cesium-134 (Cs-134) | 1 |
Cesium-135 (Cs-135) | 10 |
Cesium-136 (Cs-136) | 10 |
Cesium-137 (Cs-137) | 10 |
Chlorine-36 (Cl-36) | 10 |
Chlorine-38 (Cl-38) | 10 |
Chromium-51 (Cr-51) | 1,000 |
Cobalt-57 (Co-57) | 100 |
Cobalt-58m (Co-58m) | 10 |
Cobalt-58 (Co-58) | 10 |
Cobalt-60 (Co-60) | 1 |
Copper-64 (Cu-64) | 100 |
Dysprosium-165 (Dy-165) | 10 |
Dysprosium-166 (Dy-166) | 100 |
Erbium-169 (Er-169) | 100 |
Erbium-171 (Er-171) | 100 |
Europium-152 (Eu-152) 9.2h | 100 |
Europium-152 (Eu-152) 13 yr | 1 |
Europium-154 (Eu-154) | 1 |
Europium-155 (Eu-155) | 10 |
Fluorine-18 (F-18) | 1,000 |
Gadolinium-153 (Gd-153) | 10 |
Gadolinium-159 (Gd-159) | 100 |
Gallium-67 (Ga-67) | 100 |
Gallium-72 (Ga-72) | 10 |
Germanium-71 (Ge-71) | 100 |
Gold-198 (Au-198) | 100 |
Gold-199 (Au-199) | 100 |
Hafnium-181 (Hf-181) | 10 |
Holmium-166 (Ho-166) | 100 |
Hydrogen-3 (H-3) | 1,000 |
Indium-111 (In-111) | 100 |
Indium-113m (In-113m) | 100 |
Indium-114m (In-114m) | 10 |
Indium-115m (In-115m) | 100 |
Indium-115 (In-115) | 10 |
Iodine-123 (I-123) | 100 |
Iodine-125 (I-125) | 1 |
Iodine-126 (I-126) | 1 |
Iodine-129 (I-129) | 0.1 |
Iodine-131 (I-131) | 1 |
Iodine-132 (I-132) | 10 |
Iodine-133 (I-133) | 1 |
Iodine-134 (I-134) | 10 |
Iodine-135 (I-135) | 10 |
Iridium-192 (Ir-192) | 10 |
Iridium-194 (Ir-194) | 100 |
Iron-52 (Fe-52) | 10 |
Iron-55 (Fe-55) | 100 |
Iron-59 (Fe-59) | 10 |
Krypton-85 (Kr-85) | 100 |
Krypton-87 (Kr-87) | 10 |
Lanthanum-140 (La-140) | 10 |
Lutetium-177 (Lu-177) | 100 |
Manganese-52 (Mn-52) | 10 |
Manganese-54 (Mn-54) | 10 |
Manganese-56 (Mn-56) | 10 |
Mercury-197m (Hg-197m) | 100 |
Mercury-197 (Hg-197) | 100 |
Mercury-203 (Hg-203) | 10 |
Molybdenum-99 (Mo-99) | 100 |
Neodymium-147 (And-147) | 100 |
Neodymium-149 (And-149) | 100 |
Nickel-59 (Ni-59) | 100 |
Nickel-63 (Ni-63) | 10 |
Nickel-65 (Ni-65) | 100 |
Niobium-93m (Nb-93m) | 10 |
Niobium-95 (Nb-95) | 10 |
Niobium-97 (Nb-97) | 10 |
Osmium-185 (So-185) | 10 |
Osmium-191m (So-191m) | 100 |
Osmium-191 (So-191) | 100 |
Osmium-193 (So-193) | 100 |
Palladium-103 (Pd-103) | 100 |
Palladium-109 (Pd-109) | 100 |
Phosphorus-32 (P-32) | 10 |
Platinum-191 (Pt-191) | 100 |
Platinum-193m (Pt-193m) | 100 |
Platinum-193 (Pt-193) | 100 |
Platinum-197m (Pt-197m) | 100 |
Platinum-197 (Pt-197) | 100 |
Polonium-210 (Po-210) | 0.1 |
Potassium-42 (K-42) | 10 |
Potassium-43 (K-43) | 10 |
Praseodymium-142 (Pr-142) | 100 |
Praseodymium-143 (Pr-143) | 100 |
Promethium-147 (Pm-147) | 10 |
Promethium-149 (Pm-149) | 10 |
Radium-226 (Ra-226) | 0.1 |
Rhenium-186 (Re-186) | 100 |
Rhenium-188 (Re-188) | 100 |
Rhodium-103m (Rh-103m) | 100 |
Rhodium-105 (Rh-105) | 100 |
Rubidium-81 (Rb-81) | 10 |
Rubidium-86 (Rb-86) | 10 |
Rubidium-87 (Rb-87) | 10 |
Ruthenium-97 (Ru-97) | 100 |
Ruthenium-103 (Ru-103) | 10 |
Ruthenium-105 (Ru-105) | 10 |
Ruthenium-106 (Ru-106) | 1 |
Samarium-151 (Sm-151) | 10 |
Samarium-153 (Sm-153) | 100 |
Scandium-46 (Sc-46) | 10 |
Scandium-47 (Sc-47) | 100 |
Scandium-48 (Sc-48) | 10 |
Selenium-75 (Se-75) | 10 |
Silicon-31 (Is-31) | 100 |
Silver-105 (Ag-105) | 10 |
Silver-110m (Ag-110m) | 1 |
Silver-111 (Ag-111) | 100 |
Sodium-22 (Na-22) | 10 |
Sodium-24 (Na-24) | 10 |
Strontium-85 (Sr-85) | 10 |
Strontium-89 (Sr-89) | 1 |
Strontium-90 (Sr-90) | 0.1 |
Strontium-91 (Sr-91) | 10 |
Strontium-92 (Sr-92) | 10 |
Sulphur-35 (S-35) | 100 |
Tantalum-182 (Ta-182) | 10 |
Technetium-96 (Tc-96) | 10 |
Technetium-97m (Tc-97m) | 100 |
Technetium-97 (Tc-97) | 100 |
Technetium-99m (Tc-99m) | 100 |
Technetium-99 (Tc-99) | 10 |
Tellurium-125m (Te-125m) | 10 |
Tellurium-127m (Te-127m) | 10 |
Tellurium-127 (Te-127) | 100 |
Tellurium-129m (Te-129m) | 10 |
Tellurium-129 (Te-129) | 100 |
Tellurium-131m (Te-131m) | 10 |
Tellurium-132 (Te-132) | 10 |
Terbium-160 (Tb-160) | 10 |
Thallium-200 (Tl-200) | 100 |
Thallium-201 (Tl-201) | 100 |
Thallium-202 (Tl-202) | 100 |
Thallium-204 (Tl-204) | 10 |
Thulium-170 (Tm-170) | 10 |
Thulium-171 (Tm-171) | 10 |
Tin-113 (Sn-113) | 10 |
Tin-125 (Sn-125) | 10 |
Tungsten-181 (W-181) | 10 |
Tungsten-185 (W-185) | 10 |
Tungsten-187 (W-187) | 100 |
Vanadium-48 (V-48) | 10 |
Xenon-131m (Xe-131m) | 1,000 |
Xenon-133 (Xe-133) | 100 |
Xenon-135 (Xe-135) | 100 |
Ytterbium-169 (Yb-169) | 10 |
Ytterbium-175 (Yb-175) | 100 |
Yttrium-87 (Y-87) | 10 |
Yttrium-90 (Y-90) | 10 |
Yttrium-91 (Y-91) | 10 |
Yttrium-92 (Y-92) | 100 |
Yttrium-93 (Y-93) | 100 |
Zinc-65 (Zn-65) | 10 |
Zinc-69m (Zn-69m) | 100 |
Zinc-69 (Zn-69) | 1,000 |
Zirconium-93 (Zr-93) | 10 |
Zirconium-95 (Zr-95) | 10 |
Zirconium-97 (Zr-97) | 10 |
Any radioactive material not listed above other than alpha emitting radioactive material | 0.1 |
[Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), 246-232-120, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-232-120, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 83-19-050 (Order 2026), 402-19-550, filed 9/16/83; 79-12-073 (Order 1459), 402-19-550, filed 11/30/79, effective 1/1/80. Formerly WAC 402-20-240.]
Element (atomic number) |
Isotope |
Column I Gas con- centra- tion Ci/ml1 |
Column II Liquid and solid concen- tration Ci/ml2 |
|
Antimony (51) | Sb-122 | 3x10-4 | ||
Sb-124 | 2x10-4 | |||
Sb-125 | 1x10-3 | |||
Argon (18) | Ar-37 | 1x10-3 | ||
Ar-41 | 4x10-7 | |||
Arsenic (33) | As-73 | 5x10-3 | ||
As-74 | 5x10-4 | |||
As-76 | 2x10-4 | |||
As-77 | 8x10-4 | |||
Barium (56) | Ba-131 | 2x10-3 | ||
Ba-140 | 3x10-4 | |||
Beryllium (4) | Be-7 | 2x10-2 | ||
Bismuth (83) | Bi-206 | 4x10-4 | ||
Bromine (35) | Br-82 | 4x10-7 | 3x10-3 | |
Cadmium (48) | Cd-109 | 2x10-3 | ||
Cd-115m | 3x10-4 | |||
Cd-115 | 3x10-4 | |||
Calcium (20) | Ca-45 | 9x10-5 | ||
Ca-47 | 5x10-4 | |||
Carbon (6) | C-14 | 1x10-6 | 8x10-3 | |
Cerium (58) | Ce-141 | 9x10-4 | ||
Ce-143 | 4x10-4 | |||
Ce-144 | 1x10-4 | |||
Cesium (55) | Cs-131 | 2x10-2 | ||
Cs-134m | 6x10-2 | |||
Cs-134 | 9x10-5 | |||
Chlorine (17) | Cl-38 | 9x10-7 | 4x10-3 | |
Chromium (24) | Cr-51 | 2x10-2 | ||
Cobalt (27) | Co-57 | 5x10-3 | ||
Co-58 | 1x10-3 | |||
Co-60 | 5x10-4 | |||
Copper (29) | Cu-64 | 3x10-3 | ||
Dysprosium (66) | Dy-165 | 4x10-3 | ||
Dy-166 | 4x10-4 | |||
Erbium (68) | Er-169 | 9x10-4 | ||
Er-171 | 1x10-3 | |||
Europium (63) | Eu-152 | 6x10-4 | ||
(9.2 h) | ||||
Eu-155 | 2x10-3 | |||
Fluorine (9) | F-18 | 2x10-6 | 8x10-3 | |
Gadolinium (64) | Gd-153 | 2x10-3 | ||
Gd-159 | 8x10-4 | |||
Gallium (31) | Ga-72 | 4x10-4 | ||
Germanium (32) | Ge-71 | 2x10-2 | ||
Gold (79) | Au-196 | 2x10-3 | ||
Au-198 | 5x10-4 | |||
Au-199 | 2x10-3 | |||
Hafnium (72) | Hf-181 | 7x10-4 | ||
Hydrogen (1) | H-3 | 5x10-6 | 3x10-2 | |
Indium (49) | In-113m | 1x10-2 | ||
In-114m | 2x10-4 | |||
Iodine (53) | I-125 | 3x10-9 | 2x10-5 | |
I-126 | 3x10-9 | 2x10-5 | ||
I-131 | 3x10-9 | 2x10-5 | ||
I-132 | 8x10-8 | 6x10-4 | ||
I-133 | 1x10-8 | 7x10-5 | ||
I-134 | 2x10-7 | 1x10-3 | ||
Iridium (77) | Ir-190 | 2x10-3 | ||
Ir-192 | 4x10-4 | |||
Ir-194 | 3x10-4 | |||
Iron (26) | Fe-55 | 8x10-3 | ||
Fe-59 | 6x10-4 | |||
Krypton (36) | Kr-85m | 1x10-6 | ||
Kr-85 | 3x10-6 | |||
Lanthanum (57) | La-140 | 2x10-4 | ||
Lead (82) | Pb-203 | 4x10-3 | ||
Lutetium (71) | Lu-177 | 1x10-3 | ||
Manganese (25) | Mn-52 | 3x10-4 | ||
Mn-54 | 1x10-3 | |||
Mn-56 | 1x10-3 | |||
Mercury (80) | Hg-197m | 2x10-3 | ||
Hg-197 | 3x10-3 | |||
Hg-203 | 2x10-4 | |||
Molybdenum (42) | Mo-99 | 2x10-3 | ||
Neodymium (60) | And-147 | 6x10-4 | ||
And-149 | 3x10-3 | |||
Nickel (28) | Ni-65 | 1x10-3 | ||
Niobium (Columbium)(41) | Nb-95 | 1x10-3 | ||
Nb-97 | 9x10-3 | |||
Osmium (76) | So-185 | 7x10-4 | ||
So-191m | 3x10-2 | |||
So-191 | 2x10-3 | |||
So-193 | 6x10-4 | |||
Palladium (46) | Pd-103 | 3x10-3 | ||
Pd-109 | 9x10-4 | |||
Phosphorus (15) | P-32 | 2x10-4 | ||
Platinum (78) | Pt-191 | 1x10-3 | ||
Pt-193m | 1x10-2 | |||
Pt-197m | 1x10-2 | |||
Pt-197 | 1x10-3 | |||
Potassium (19) | K-42 | 3x10-3 | ||
Praseodymium (59) | Pr-142 | 3x10-4 | ||
Pr-143 | 5x10-4 | |||
Promethium (61) | Pm-147 | 2x10-3 | ||
Pm-149 | 4x10-4 | |||
Radium (88) | Ra-226 | 1x10-7 | ||
Ra-228 | 3x10-7 | |||
Rhenium (75) | Re-183 | 6x10-3 | ||
Re-186 | 9x10-4 | |||
Re-188 | 6x10-4 | |||
Rhodium (45) | Rh-103m | 1x10-1 | ||
Rh-105 | 1x10-3 | |||
Rubidium | Rb-86 | 7x10-4 | ||
Ruthenium (44) | Ru-97 | 4x10-3 | ||
Ru-103 | 8x10-4 | |||
Ru-105 | 1x10-3 | |||
Ru-106 | 1x10-4 | |||
Samarium (62) | Sm-153 | 8x10-4 | ||
Scandium (21) | Sc-46 | 4x10-4 | ||
Sc-47 | 9x10-4 | |||
Sc-48 | 3x10-4 | |||
Selenium (34) | Se-75 | 3x10-3 | ||
Silicon (14) | Is-31 | 9x10-3 | ||
Silver (47) | Ag-105 | 1x10-3 | ||
Ag-110m | 3x10-4 | |||
Ag-111 | 4x10-4 | |||
Sodium (11) | Na-24 | 2x10-3 | ||
Strontium (38) | Sr-85 | 1x10-3 | ||
Sr-89 | 1x10-4 | |||
Sr-91 | 7x10-4 | |||
Sr-92 | 7x10-4 | |||
Sulfur (16) | S-35 | 9x10-8 | 6x10-4 | |
Tantalum (73) | Ta-182 | 4x10-4 | ||
Technetium (43) | Tc-96m | 1x10-1 | ||
Tc-96 | 1x10-3 | |||
Tellurium (52) | Te-125m | 2x10-3 | ||
Te-127m | 6x10-4 | |||
Te-127 | 3x10-3 | |||
Te-129m | 3x10-4 | |||
Te-131m | 6x10-4 | |||
Te-132 | 3x10-4 | |||
Terbium (65) | Tb-160 | 4x10-4 | ||
Thallium (81) | Tl-200 | 4x10-3 | ||
Tl-201 | 3x10-3 | |||
Tl-202 | 1x10-3 | |||
Tl-204 | 1x10-3 | |||
Thulium (69) | Tm-170 | 5x10-4 | ||
Tm-171 | 5x10-3 | |||
Tin (50) | Sn-113 | 9x10-4 | ||
Sn-125 | 2x10-4 | |||
Tungsten (Wolfram) (74) |
W-181 | 4x10-3 | ||
W-187 | 7x10-4 | |||
Vanadium (23) | V-48 | 3x10-4 | ||
Xenon (54) | Xe-131m | 4x10-6 | ||
Xe-133 | 3x10-6 | |||
Xe-135 | 1x10-6 | |||
Ytterbium (70) | Yb-175 | 1x10-3 | ||
Yttrium (39) | Y-90 | 2x10-4 | ||
Y-91m | 3x10-2 | |||
Y-91 | 3x10-4 | |||
Y-92 | 6x10-4 | |||
Y-93 | 3x10-4 | |||
Zinc (30) | Zn-65 | 1x10-3 | ||
Zn-69m | 7x10-4 | |||
Zn-69 | 2x10-2 | |||
Zirconium (40) | Zr-95 | 6x10-4 | ||
Zr-97 | 2x10-4 | |||
Beta and/or gamma emitting radioactive material not listed above with half-life less than 3 years | 1x10-10 | 1x10-6 |
Notes: | 1Values are given in Column I only for those materials normally used as gases |
2Ci/gm for solids |
Note 1: | Many radioisotopes disintegrate into isotopes which are also radioactive. In expressing the concentrations in Schedule C the activity stated is that of the parent isotope and takes into account the daughters. |
Note 2: | For purposes of WAC 246-232-010(( |
Example: | |
Concentration of Isotope A in Product | |
Exempt concentration of Isotope A | |
+ | |
Concentration of Isotope B in Product | |
Exempt concentration of Isotope B | |
≤ 1 |
Note 3: | For the purpose of determining concentration in a product or device, the total quantity of radioactive material present is divided by only that weight or volume of the discrete part or component throughout which the radioactive material is relatively uniformly distributed. If the weight or volume of this part or component cannot be determined then the product or device should be evaluated on the basis of the total quantity of radioactive material present. |
[Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), 246-232-130, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-232-130, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), 402-19-580, filed 12/11/86; 83-19-050 (Order 2026), 402-19-580, filed 9/16/83; 79-12-073 (Order 1459), 402-19-580, filed 11/30/79, effective 1/1/80. Formerly WAC 402-20-250.]