Subject of Possible Rule Making: Clarification of chapter 246-247 WAC, Radiation protection -- Air emission, one possible outcome could be development of a second chapter to separately address facilities subject to United States Nuclear Regulatory Commission rules versus Environmental Protection Agency rules for regulation of radioactive air emission sources.

     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: Clarification of the rules have been requested by licensees and federal agencies (Department of Energy (DOE) and Environmental Protection Agency (EPA)). It may be necessary to provide a new chapter to address NRC regulations separately for those of EPA regulations.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The agency will coordinate with the Department of Ecology and the United States Nuclear Regulatory Commission and Environmental Protection Agency in developing consistent regulations.

     Process for Developing New Rule: A workgroup is being formed to gather input about the formation of these rules. People interested in attending meetings should contact Allen W. Conklin (see below). Other input will be solicited through mailings and the department's web site.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Allen W. Conklin, Washington Department of Health, Office of Radiation Protection, P.O. Box 47827, Olympia, WA 98504-7827, phone (360) 236-3261, e-mail al.conklin@doh.wa.gov, fax (360) 236-2256.

May 27, 2005

M. C. Selecky

Secretary

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