Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 246-254-070 through 246-254-100, fees for specialized radioactive material licenses and 246-254-120 Fees for licensing and compliance actions.

Purpose: Revise fee schedule for the radiation protection program, increasing them by the 2001 fiscal growth factor 2.87%.

Statutory Authority for Adoption: RCW 70.98.080.

Statute Being Implemented: RCW 70.98.080, 43.70.250, 43.20B.020.

Summary: Fees support public health activities in the radiation protection program and need to be adjusted to compensate for the inflationary costs of administering the program.

Reasons Supporting Proposal: Fee adjustments are necessary to guarantee sufficient revenue to fulfill the department's public health protection obligations.

Name of Agency Personnel Responsible for Drafting: Jan Haywood, Tumwater, (360) 236-3011; Implementation and Enforcement: Terry Frazee, Tumwater, (360) 236-3221.

Name of Proponent: Department of Health, Environmental Health Programs, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendments increase fees by the 2001 fiscal growth factor of 2.87%. The increase is necessary to ensure continued protection of public health by enabling the programs to acquire additional revenue to maintain current service activities and meet program costs.

Proposal Changes the Following Existing Rules: The only proposed changes to this rule are to increase the existing fees by the 2001 fiscal growth factor of 2.87%.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025(3), rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of the Regulatory Fairness Act.

RCW 34.05.328 does not apply to this rule adoption. Rules that set or adjust fees pursuant to legislative standards are exempt from the requirements of RCW 34.05.328.

Hearing Location: 7171 Cleanwater Lane, Building 2, Tumwater, WA 98512, on June 27, 2001, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jan Haywood by June 20, 2001, TDD (800) 833-6388, or (360) 236-3011.

Submit Written Comments to: Jan Haywood, P.O. Box 47820, Olympia, WA 98504-7820, fax (360) 236-2250, by June 27, 2001.

Date of Intended Adoption: June 27, 2001.

May 21, 2001

Nancy Ellison

Deputy

for Mary C. Selecky

Secretary

OTS-4881.2

AMENDATORY SECTION(Amending WSR 00-02-016, filed 12/27/99, effective 1/27/00)

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) Four thousand ((eight)) nine hundred ((forty-five)) eighty-four dollars for operation of a single nuclear pharmacy.

(b) Eight thousand ((two)) five hundred ((sixty-five)) two dollars for operation of a single nuclear laundry.

(c) Eight thousand ((two)) five hundred ((sixty-five)) two dollars 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) Two thousand nine hundred eighty-three dollars 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) Seven hundred ((fifty-four)) seventy-five dollars for a license authorizing the receipt and redistribution from a single facility of manufactured products or devices containing radioactive material.

(f) Five thousand ((five)) seven hundred ((forty-five)) four dollars for a license authorizing decontamination services operating from a single facility.

(g) Two thousand ((six)) seven hundred ((twenty-five)) dollars for a license authorizing waste brokerage including the possession, temporary storage at a single facility, and over-packing only of radioactive waste.

(h) One thousand ((one)) two hundred ((seventy)) three dollars 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) Two thousand ((one)) two hundred ((ninety)) fifty-two dollars for a license authorizing health physics services, leak testing, or calibration services.

(j) One thousand ((three)) four hundred ((seventy)) nine dollars for a civil defense license.

(k) Four hundred ((thirteen)) twenty-four dollars 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) Sixteen thousand ((four)) eight hundred seventy-five dollars 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) Seven thousand ((five)) seven hundred ((eighty)) ninety-seven dollars 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) Six thousand ((ninety-five)) two hundred sixty-nine dollars 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 ninety-two dollars fifty cents 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 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) Four thousand ((one)) two hundred seventeen dollars for operation of a mobile nuclear medicine program from a single base of operation.

(b) ((Two)) Three thousand ((nine hundred ninety)) seventy-five dollars for a license authorizing groups II and III of WAC 246-235-120 for diagnostic nuclear medicine at a single facility.

(c) Two thousand ((five)) six hundred ((ninety)) sixty-four dollars for a license authorizing groups IV and V of WAC 246-235-120 for medical therapy at a single facility.

(d) Four thousand ((one)) two hundred ((twenty)) thirty-eight dollars 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.

(e) Two thousand two hundred ((fifteen)) seventy-eight dollars for a license authorizing group VI of WAC 246-235-120 for brachytherapy at a single facility.

(f) One thousand ((three)) four hundred ((seventy)) nine dollars for a license authorizing brachytherapy or gamma stereotactic therapy or teletherapy at a single facility.

(g) Two thousand ((eighty-five)) one hundred forty-four dollars for a license authorizing medical or veterinary possession of greater than two hundred millicuries total possession of radioactive material at a single facility.

(h) One thousand ((six)) seven hundred ((sixty)) seven dollars 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) One thousand two hundred ((twenty)) fifty-five dollars 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) One thousand ((seventy-)) one hundred five dollars for a license authorizing group I as defined in WAC 246-235-120 or in vitro uses of radioactive material at a single facility.

(k) Six hundred ((seventy-one)) ninety dollars 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.

[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.]

(a) Four thousand ((eight)) nine hundred ((thirty)) sixty-eight dollars for a license authorizing the use of radiographic exposure devices in one or more permanent radiographic vaults in a single facility.

(b) Six thousand ((four)) six hundred ((seventy)) fifty-five dollars for a license authorizing the use of radiographic exposure devices at temporary job sites but operating from a single storage facility.

(c) Three thousand ((one)) two hundred ((seventy)) sixty dollars for a license authorizing well-logging activities including the use of radioactive tracers operating from a single storage facility.

(d) ((Six)) Seven hundred ((eighty-seven)) six dollars for a license authorizing possession of portable sealed sources including moisture/density gauges and excluding radiographic exposure devices operating from a single storage facility.

(e) Seven hundred ((fifty-four)) seventy-five dollars for a license authorizing possession of any nonportable sealed source, including special nuclear material and excluding radioactive material used in a gas chromatograph at a single facility.

(f) Four hundred ((seventy-five)) eighty-eight dollars for a license authorizing possession of gas chromatograph units containing radioactive material at a single facility.

(g) One thousand three hundred ((five)) forty-two dollars for a license authorizing possession of any self-shielded or pool type irradiator with sealed source total quantity greater than one hundred curies at a single facility.

(h) ((Six)) Seven thousand ((nine)) one hundred ((twenty)) eighteen dollars for a license authorizing possession of sealed sources for a walk-in type irradiator at a single facility.

(i) Six thousand ((twenty-five)) one hundred ninety-seven dollars for a license authorizing possession of greater than one gram of unsealed special nuclear material or greater than five hundred kilograms of source material at a single facility.

(j) One thousand nine hundred ((thirty)) eighty-five dollars for a license authorizing possession of less than or equal to one gram of unsealed special nuclear material or five hundred kilograms of source material at a single facility.

(k) Three hundred ((nine)) seventeen dollars for a license authorizing possession of static elimination devices not covered by a general license.

(2) Persons with licenses authorizing multiple locations of permanent storage shall increase the annual fee by fifty percent for each additional location.

(3) Depleted uranium registrants required to file Form RHF-20 shall forward an annual fee of sixty-((two)) three dollars fifty cents to the department.

[Statutory Authority: RCW 43.70.250. 00-02-016, 246-254-090, filed 12/27/99, effective 1/27/00; 99-12-022, 246-254-090, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, 246-254-090, 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, 246-254-090, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-090, filed 5/25/95, effective 6/25/95; 94-11-011 246-254-090, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-090, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-090, filed 10/29/91, effective 11/29/91.]

(a) Three thousand three hundred ninety-four dollars for a license authorizing possession at a single facility of unsealed sources in amounts greater than:

(i) One millicurie of I-125 or I-131; or

(ii) One hundred millicuries of H-3 or C-14; or

(iii) Ten millicuries of any single isotope.

(b) One thousand six hundred ((thirty-five)) eighty-one dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

(i) Greater than 0.1 millicurie and less than or equal to one millicurie of I-125 or I-131; or

(ii) Greater than ten millicuries and less than or equal to one hundred millicuries of H-3 or C-14; or

(iii) Greater than one millicurie and less than or equal to ten millicuries of any single isotope.

(c) One thousand ((three)) four hundred ((seventy)) nine dollars for a license authorizing possession at a single facility of unsealed sources in amounts:

(i) Greater than 0.01 millicurie and less than or equal to 0.1 millicurie of I-125 or I-131; or

(ii) Greater than one millicurie and less than or equal to ten millicuries of H-3 or C-14; or

(iii) Greater than 0.1 millicurie and less than or equal to one millicurie of any other single isotope.

(d) Four hundred ((seventy-five)) eighty-eight dollars for a license authorizing possession at a single facility of unsealed or sealed sources in amounts:

(i) Less than or equal to 0.01 millicurie of I-125 or I-131; or

(ii) Less than or equal to one millicurie of H-3 or C-14; or

(iii) Less than or equal to 0.1 millicurie of any other single isotope.

(e) Six hundred ((thirty-five)) fifty-three dollars for a license authorizing possession at a single facility of large quantities of naturally occurring radioactive material in total concentration not exceeding 0.002 microcurie per gram.

(2) Persons with licenses authorizing multiple locations of use shall increase the annual fee by fifty percent for each additional location.

(3) Persons registered to perform in vitro testing pursuant to Form RHF-15 shall forward an annual fee of sixty-((two)) three dollars fifty cents to the department.

[Statutory Authority: RCW 43.70.250. 00-02-016, 246-254-100, filed 12/27/99, effective 1/27/00; 99-12-022, 246-254-100, filed 5/24/99, effective 6/24/99. Statutory Authority: RCW 43.70.110. 98-11-067, 246-254-100, 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, 246-254-100, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-100, filed 5/25/95, effective 6/25/95; 94-11-011 246-254-100, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-100, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-100, filed 10/29/91, effective 11/29/91.]

OTS-4908.1

AMENDATORY SECTION(Amending WSR 95-12-004, filed 5/25/95, effective 6/25/95)

WAC 246-254-120   Fees for licensing and compliance actions.   (1) In addition to the fee for each radioactive material license as described under WAC 246-254-070, 246-254-080, 246-254-090, and 246-254-100, a licensee shall pay a service fee for each additional licensing and compliance action as follows:

(a) For a second follow-up inspection, and each follow-up inspection thereafter, a fee of ninety-two dollars fifty cents per hour of direct staff time associated with the follow-up inspection, not to exceed nine hundred twenty-five dollars per follow-up inspection. Hours are calculated in half-hour increments.

(b) For each environmental cleanup monitoring visit, a fee of ninety-two dollars fifty cents per hour of direct staff time associated with the environmental cleanup monitoring visit, not to exceed two thousand ((two)) three hundred ((fifty)) fourteen dollars per visit. Hours are calculated in half-hour increments.

(c) For each new license application, the fee of one hundred fifty dollars in addition to the required annual fee.

(d) For each sealed source and device evaluation, a fee of ninety-two dollars fifty cents per hour of direct staff time associated with each sealed source and device evaluation, not to exceed two thousand seven hundred seventy-seven dollars per evaluation.

(e) For review of air emission and environmental programs and data collection and analysis of samples, and review of decommissioning activities by qualified staff in those work units, a fee of ninety-two dollars fifty cents per hour of direct staff time associated with the review. The fee does not apply to reviews conducted by the radioactive materials section staff and does not apply unless the review time would result in a special service charge exceeding ten percent of the licensee's annual fee.

(f) For expedited licensing review, a fee of ninety-two dollars fifty cents per hour of direct staff time associated with the review. This fee only applies when, by the mutual consent of licensee and affected staff, a licensing request is taken out of date order and processed by staff during nonwork hours and for which staff is paid overtime.

(2) The licensee or applicant shall pay any additional service fees at the time of application for a new license or within thirty days of the date of the billing for all other licensing and compliance actions.

(3) The department shall process an application only upon receipt of the new application fee and the annual fee.

(4) The department may take action to modify, suspend, or terminate the license or sealed source and device registration if the licensee fails to pay the fee for additional licensing and compliance actions billed by the department.

[Statutory Authority: RCW 43.70.110, 43.70.250 and chapter 70.98 RCW. 95-12-004, 246-254-120, filed 5/25/95, effective 6/25/95; 94-11-011, 246-254-120, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-120, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-120, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-120, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), 402-70-070, filed 12/11/86; 79-12-073 (Order 1459), 402-70-070, filed 11/30/79, effective 1/1/80.]

Washington State Code Reviser's Office