Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-20-037.

     Title of Rule and Other Identifying Information: Chapter 246-254 WAC, Radiation protection -- Fees.

     Hearing Location(s): Department of Health, Town Center 2, Room 530, 111 Israel Road S.E., Tumwater, WA 98501, on March 26, 2008, at 10:00 a.m.

     Date of Intended Adoption: March 27, 2008.

     Submit Written Comments to: Arden C. Scroggs, Supervisor, Radioactive Materials Section, P.O. Box 47827, Olympia, WA 98504-7827, Arden.Scroggs@doh.wa.gov, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2255, by March 26, 2008.

     Assistance for Persons with Disabilities: Contact Joy Redman by March 19, 2008, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making will revise the medical license fee terminology to reflect current terminology and regulatory references, and combine the current two health physics service provider fee categories into a single fee category.

     Reasons Supporting Proposal: This is necessary because the medical fee regulations were recently revised to include new references and language. In addition, staff analysis indicates there is little difference in the work effort required to license and inspect the two categories of health physics service provider and assessing significantly different fees is not warranted. The proposed change represents a fee reduction for one category and no change for the other.

     Statutory Authority for Adoption: RCW 43.70.110 and 43.70.250.

     Statute Being Implemented: RCW 43.70.110 and 43.70.250.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of health, governmental.

     Name of Agency Personnel Responsible for Drafting: C. DeMaris, 111 Israel Road S.E., Tumwater, WA, (360) 236-3223; Implementation and Enforcement: A. Scroggs, 111 Israel Road S.E., Tumwater, WA, (360) 236-3221.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3) and 34.05.310 (4)(d), a small business economic impact statement (SBEIS) is not required for rules that clarify language of a rule without changing its effect; and under RCW 19.85.025(3) and 34.05.310 (4)(f), an SBEIS is not required for rules that set or adjust fees or rates pursuant to legislative standards.

     A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis was not prepared. Under RCW 34.05.328 (5)(b)(iv), a cost-benefit analysis is not required for rules that clarify language of a rule without changing its effect; and under RCW 34.05.328 (5)(b)(vi), a cost-benefit analysis is not required for rules that set or adjust fees or rates pursuant to legislative standards.

February 6, 2008

Mary C. Selecky

Secretary

OTS-1066.3

AMENDATORY SECTION(Amending WSR 05-24-109, filed 12/7/05, effective 1/7/06)

WAC 246-254-070   Fees for specialized radioactive material licenses.   (1) Persons licensed or authorized to possess or use radioactive material in the following special categories shall forward annual fees to the department as follows:

     (a) $7,050 for operation of a single nuclear pharmacy.

     (b) $12,025 for operation of a single nuclear laundry.

     (c) $12,025 for a license authorizing a single facility to use more than one curie of unsealed radioactive material in the manufacture and distribution of radioactive products or devices containing radioactive material.

     (d) $4,215 for a license authorizing a single facility to use less than or equal to one curie of unsealed radioactive material or any quantity of previously sealed sources in the manufacture and distribution of products or devices containing radioactive material.

     (e) $1,085 for a license authorizing the receipt and redistribution from a single facility of manufactured products or devices containing radioactive material.

     (f) $8,065 for a license authorizing decontamination services operating from a single facility.

     (g) $3,815 for a license authorizing waste brokerage including the possession, temporary storage at a single facility, and over-packing only of radioactive waste.

     (h) (($1,700 for a license authorizing equipment servicing involving:

     (i) Incidental use of calibration sources;

     (ii) Maintenance of equipment containing radioactive material; or

     (iii) Possession of sealed sources for purpose of sales demonstration only.

     (i) $3,175)) $1,700 for a license authorizing health physics services, leak testing, ((or)) calibration services, equipment servicing, or possession of sealed sources for purpose of sales demonstration only.

     (((j))) (i) $1,995 for a civil defense license.

     (((k))) (j) $600 for a license authorizing possession of special nuclear material as pacemakers or depleted uranium as shielding.

     (2) Persons licensed or authorized to possess and use radioactive material in the following broad scope categories shall forward annual fees to the department as follows:

     (a) $23,860 for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than one curie.

     (b) $11,030 for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession of any single isotope greater than 0.1 curie but less than or equal to one curie.

     (c) $8,865 for a license authorizing possession of atomic numbers three through eighty-three with maximum authorized possession less than or equal to 0.1 curie.

     (3) Persons licensed or authorized to possess or use radioactive material which are not covered by any of the annual license fees described in WAC 246-254-070 through 246-254-100, shall pay fees as follows:

     (a) An initial application fee of one thousand dollars;

     (b) Billing at the rate of $125 for each hour of direct staff time associated with issuing and maintaining the license and for the inspection of the license; and

     (c) Any fees for additional services as described in WAC 246-254-120.

     (d) The initial application fee will be considered a credit against billings for direct staff charges but is otherwise nonrefundable.

     (4) Persons licensed or authorized to possess or use radioactive material in a facility for radioactive waste processing, including resource recovery, volume reduction, decontamination activities, or other waste treatment, but not permitting commercial on-site disposal, shall pay fees as follows:

     (a) A nonrefundable initial application fee for a new license of sixteen thousand dollars which shall be credited to the applicant's quarterly billing described in (b) of this subsection; and

     (b) Quarterly billings for actual direct and indirect costs incurred by the department including, but not limited to, license renewal, license amendments, compliance inspections, a resident inspector for time spent on the licensee's premises as deemed necessary by the department, laboratory and other support services, and travel costs associated with staff involved in the foregoing.

[Statutory Authority: RCW 70.98.080, 43.20B.020, 43.70.110, and 43.70.250. 05-24-109, § 246-254-070, filed 12/7/05, effective 1/7/06. Statutory Authority: RCW 43.70.250. 04-12-124, § 246-254-070, filed 6/2/04, effective 7/3/04. Statutory Authority: RCW 70.98.080, 43.70.250 and [43.70.]110. 03-14-034, § 246-254-070, filed 6/23/03, effective 7/24/03. Statutory Authority: RCW 43.70.250, 43.270.040, and 2001 2nd sp.s. c 7 § 220. 02-04-025, § 246-254-070, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 70.98.080. 01-14-046, § 246-254-070, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-254-070, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-254-070, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-070, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-070, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-070, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-070, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-070, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-070, filed 10/29/91, effective 11/29/91.]

     (a) $5,960 for operation of a mobile nuclear medicine program from a single base of operation((.));

     (b) $4,345 for ((a license authorizing groups II and III of WAC 246-235-120 for diagnostic nuclear medicine at a single facility.)) the use of unsealed radioactive material for imaging and localization studies for which a written directive is not required as defined in WAC 246-240-157, at a single facility (diagnostic imaging and localization nuclear medicine);

     (c) $3,765 for ((a license authorizing groups IV and V of WAC 246-235-120 for medical therapy at a single facility.)) the use of unsealed radioactive material for which a written directive is required as defined in WAC 246-240-201 at a single facility (radiopharmaceutical therapy);

     (d) $6,000 for ((a license authorizing groups II or III and groups IV or V of WAC 246-235-120 for full diagnostic and therapy services at a single facility.)) the use of unsealed radioactive material for imaging and localization studies for which a written directive is not required as defined in WAC 246-240-157, the use of unsealed radioactive material for which a written directive is required as defined in WAC 246-240-201, and/or the use of sealed sources for manual brachytherapy as defined in WAC 246-240-251 at a single facility (combination diagnostic nuclear medicine and/or radiopharmaceutical therapy), and/or sealed source (manual or machine) therapy;

     (e) $3,225 for ((a license authorizing group VI of WAC 246-235-120 for brachytherapy at a single facility.)) the use of sealed sources for manual brachytherapy as defined in WAC 246-240-251 at a single facility (manual brachytherapy);

     (f) $1,995 for ((a license authorizing brachytherapy or gamma stereotactic therapy or teletherapy at a single facility.)) the use of sealed sources in a remote afterloader unit, teletherapy unit, or gamma stereotactic radiosurgery unit, as defined in WAC 246-240-351, at a single facility (machine brachytherapy);

     (g) $3,030 for a license authorizing medical or veterinary possession of greater than two hundred millicuries total possession of radioactive material at a single facility((.));

     (h) $2,410 for a license authorizing medical or veterinary possession of greater than thirty millicuries but less than or equal to two hundred millicuries total possession of radioactive material at a single facility((.));

     (i) $1,765 for a license authorizing medical or veterinary possession of less than or equal to thirty millicuries total possession of radioactive material at a single facility((.));

     (j) $1,555 for ((a license authorizing group I as defined in WAC 246-235-120 or in vitro uses of radioactive material at a single facility.)) the use of unsealed radioactive material for uptake, dilution and/or excretion studies for which a written directive is not required, as defined in WAC 246-240-151, at a single facility (diagnostic uptake, dilution, and excretion nuclear medicine);

     (k) $970 for a license authorizing medical or veterinary possession of a sealed source for diagnostic use at a single facility.

     (2) ((Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location or base of operation.)) The fee for a license authorizing multiple locations shall be increased by fifty percent of the annual fee for each additional location.

[Statutory Authority: RCW 70.98.080, 43.20B.020, 43.70.110, and 43.70.250. 05-24-109, § 246-254-080, filed 12/7/05, effective 1/7/06. Statutory Authority: RCW 43.70.250. 04-12-124, § 246-254-080, filed 6/2/04, effective 7/3/04. Statutory Authority: RCW 70.98.080, 43.70.250 and [43.70.]110. 03-14-034, § 246-254-080, filed 6/23/03, effective 7/24/03. Statutory Authority: RCW 43.70.250, 43.270.040, and 2001 2nd sp.s. c 7 § 220. 02-04-025, § 246-254-080, filed 1/24/02, effective 2/24/02. Statutory Authority: RCW 70.98.080. 01-14-046, § 246-254-080, filed 6/29/01, effective 7/30/01. Statutory Authority: RCW 43.70.250. 00-02-016, § 246-254-080, filed 12/27/99, effective 1/27/00; 99-12-022, § 246-254-080, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, § 246-254-080, filed 5/19/98, effective 6/19/98. Statutory Authority: RCW 43.70.110, [43.70.]250 and chapter 70.98 RCW. 96-11-043, § 246-254-080, filed 5/8/96, effective 6/28/96; 95-12-004, § 246-254-080, filed 5/25/95, effective 6/25/95; 94-11-011 § 246-254-080, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), § 246-254-080, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), § 246-254-080, filed 10/29/91, effective 11/29/91.]

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