Original Notice.

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

Title of Rule: Environmental health program fees, WAC 246-254-053 Radiation machine facility registration fees.

Purpose: Revise fee schedule for the x-ray compliance program, increasing them by the 2001 fiscal growth factor of 2.87%.

Statutory Authority for Adoption: RCW 43.70.110.

Statute Being Implemented: RCW 43.70.250.

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, Implementation and Enforcement: Jan Haywood, Tumwater, (360) 236-3011.

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: 2121 Cleanwater Lane, Building 2, Tumwater, WA 98512, on June 29, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jan Haywood by June 22, 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 29, 2001.

Date of Intended Adoption: June 29, 2001.

May 22, 2001

Nancy Ellison

Deputy

for Mary C. Selecky

Secretary

OTS-4879.2

AMENDATORY SECTION(Amending WSR 99-13-085, filed 6/14/99, effective 7/15/99)

WAC 246-254-053   Radiation machine facility registration fees.   (1) Radiation machine facility fees apply to each person or facility owning, leasing and using radiation-producing machines.

FEE TYPE	FEE
(a) Annual Base Registration Fee	$46
(b) Late registration or re-registration	$46
(c) Penalty for operating without registration	$46 for each year of unregistered operation
(d) Tube Fees	See Table 1

TABLE 1 Radiation Tube Fees
Group	First Tube	Each Additional Tube
(i) Group A: Dental, Podiatric, Veterinary uses	$((46)) 47	$((23)) 23.50
(ii) Group B: Hospital, Medical, Chiropractic uses	$((127)) 130	$((66)) 67.50
(iii) Group C: Industrial, research, and other uses	$((70)) 72	$((23)) 23.50
(iv) Group D: Electron Microscopes, Mammographic X-ray Machines, Bone Densitometers, and Airport Baggage Cabinet X-ray Systems	NA	NA

(2) X-ray shielding fees and penalties.

(a) Facilities regulated under the shielding plan requirements of WAC 246-225-030 or 246-227-150 are subject to a $90 X-ray shielding review fee for each X-ray room.

(b) If a facility regulated under WAC 246-225-030 or 246-227-150 operates without X-ray shielding calculations or a floor plan review it will be subject to a $((45)) 46 penalty.

(3) Radiation safety fee. If a facility or group of facilities under one administrative control employs two or more full-time individuals whose positions are entirely devoted to in-house radiation safety, the facility shall pay a flat, annual fee of $((2,900)) 2,980.

(4) Consolidation of registration. Facilities may consolidate X-ray machine registrations into a single registration after notifying the department in writing and documenting that a single business license applies.

[Statutory Authority: RCW 43.70.110. 99-13-085, 246-254-053, filed 6/14/99, effective 7/15/99; 98-11-066, 246-254-053, filed 5/19/98, effective 7/1/98. Statutory Authority: RCW 43.70.110, 43.70.250 and chapter 70.98 RCW. 98-01-047, 246-254-053, filed 12/8/97, effective 1/8/98; 96-11-043, 246-254-053, filed 5/8/96, effective 6/28/96; 95-12-004, 246-254-053, filed 5/25/95, effective 6/25/95; 94-11-010, 246-254-053, filed 5/5/94, effective 6/5/94; 93-13-019 (Order 372), 246-254-053, filed 6/8/93, effective 7/9/93. Statutory Authority: RCW 43.70.110. 91-22-027 (Order 208), 246-254-053, filed 10/29/91, effective 11/29/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-053, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 43.20B.110. 89-16-064 (Order 2839), 440-44-050, filed 7/31/89, effective 8/31/89. Statutory Authority: RCW 43.20A.055. 86-08-054 (Order 2359), 440-44-050, filed 3/28/86. Statutory Authority: Chapter 70.98 RCW and 1985 c 383. 85-20-021 (Order 2283), 440-44-050, filed 9/23/85. Statutory Authority: RCW 43.20A.055. 85-13-007 (Order 2238), 440-44-050, filed 6/7/85; 83-12-058 (Order 1965), 440-44-050, filed 6/1/83. Statutory Authority: 1982 c 201. 82-13-011 (Order 1825), 440-44-050, filed 6/4/82.]

Washington State Code Reviser's Office