PERMANENT RULES
Date of Adoption: June 3, 1998.
Purpose: This rule updates the requirements for the medical uses of radioactive material, adds provisions for nuclear pharmacy, and sets release criteria associated with patients administered radioactive material in order to be consistent with the federal rules governing the same areas.
Citation of Existing Rules Affected by this Order: Amending WAC 246-220-010, 246-221-001, 246-221-060, 246-221-130, 246-221-250, 246-222-080, 246-232-010, 246-232-040, 246-233-010, 246-233-020, 246-235-020, 246-235-080, 246-235-090, 246-235-100, 246-235-120, 246-239-010, 246-239-022, 246-239-025, 246-239-040, 246-239-055, 246-240-010, 246-240-015, 246-240-020, 246-240-025, 246-240-050, 246-244-240, and 246-247-010.
Statutory Authority for Adoption: RCW 70.98.050.
Adopted under notice filed as WSR 98-09-108 on April 22, 1998.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 15, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
June 4, 1998
Kristine Van Gorkom
Deputy Secretary
OTS-1958.1
AMENDATORY SECTION(Amending WSR 95-01-108, filed 12/21/94,
effective 1/21/95)
WAC 246-220-010
Definitions.
As used in these regulations, these terms have the definitions set forth below. Additional definitions used only in a certain part will be found in that part.
(1) "A1" means the maximum activity of special form radioactive material permitted to be transported in a Type A package. "A2" means the maximum activity of normal form radioactive material permitted to be transported in a Type A package. A1 and A2 values are assigned to individual radionuclides and are tabulated in WAC 246-220-110, Appendix A. Methods of calculating values are also given.
(2) "Absorbed dose" means the energy imparted by ionizing radiation per unit mass of irradiated material. The units of absorbed dose are the gray (Gy) and the rad.
(3) "Accelerator produced material" means any material made radioactive by exposing it in a particle accelerator.
(4) "Act" means Nuclear energy and radiation, chapter 70.98 RCW.
(5) "Activity" means the rate of disintegration or transformation or decay of radioactive material. The units of activity are the becquerel (Bq) and the curie (Ci).
(6) "Adult" means an individual eighteen or more years of age.
(7) "Agreement state" means any state with which the United States Nuclear Regulatory Commission has entered into an effective agreement under section 274 b. of the Atomic Energy Act of 1954, as amended (73 Stat. 689).
(8) "Airborne radioactive material" means any radioactive material dispersed in the air in the form of particulates, dusts, fumes, mists, vapors, or gases.
(9) "Airborne radioactivity area" means a room, enclosure, or operating area in which airborne radioactive material exists in concentrations (a) in excess of the derived air concentration (DAC) specified in WAC 246-221-290, Appendix A, or (b) to such a degree that an individual present in the area without respiratory protective equipment could exceed, during the hours an individual is present in a week, an intake of 0.6 percent of the annual limit on intake (ALI) or twelve DAC-hours.
(10) "Alert" means events may occur, are in progress, or have occurred that could lead to a release of radioactive material but that the release is not expected to require a response by offsite response organizations to protect persons offsite.
(11) "Annual limit on intake" (ALI) means the derived limit for the amount of radioactive material taken into the body of an adult worker by inhalation or ingestion in a year. ALI is the smaller value of intake of a given radionuclide in a year by the reference man that would result in a committed effective dose equivalent of 0.05 Sv (5 rem) or a committed dose equivalent of 0.5 Sv (50 rem) to any individual organ or tissue. ALI values for intake by ingestion and by inhalation of selected radionuclides are given in WAC 246-221-290.
(12) "Background radiation" means radiation from cosmic sources; naturally occurring radioactive materials, including radon, except as a decay product of source or special nuclear material, and including global fallout as it exists in the environment from the testing of nuclear explosive devices. "Background radiation" does not include sources of radiation from radioactive materials regulated by the department.
(13) "Becquerel" (Bq) means the SI unit of activity. One becquerel is equal to 1 disintegration or transformation per second (s-1).
(14) "Bioassay" means the determination of kinds, quantities or concentrations, and, in some cases, the locations of radioactive material in the human body, whether by direct measurement, in vivo counting, or by analysis and evaluation of materials excreted or removed from the human body. For purposes of these regulations, "radiobioassay" is an equivalent term.
(15) "Byproduct material" means: (a) Any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and (b) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface wastes resulting from uranium or thorium solution extraction processes. Underground ore bodies depleted by these solution extraction operations do not constitute "byproduct material" within this definition.
(16) "Calendar quarter" means not less than twelve consecutive weeks nor more than fourteen consecutive weeks. The first calendar quarter of each year shall begin in January and subsequent calendar quarters shall be so arranged such that no day is included in more than one calendar quarter and no day in any one year is omitted from inclusion within a calendar quarter. No licensee or registrant shall change the method of determining calendar quarters for purposes of these regulations except at the beginning of a calendar year.
(17) "Calibration" means the determination of (a) the response or reading of an instrument relative to a series of known radiation values over the range of the instrument, or (b) the strength of a source of radiation relative to a standard.
(18) "CFR" means Code of Federal Regulations.
(19) "Class" means a classification scheme for inhaled material according to its rate of clearance from the pulmonary region of the lung. Materials are classified as D, W, or Y, which applies to a range of clearance half-times: For Class D, Days, of less than ten days, for Class W, Weeks, from ten to one hundred days, and for Class Y, Years, of greater than one hundred days. For purposes of these regulations, "lung class" and "inhalation class" are equivalent terms. For "class of waste" see WAC 246-249-040.
(20) "Collective dose" means the sum of the individual doses received in a given period of time by a specified population from exposure to a specified source of radiation.
(21) "Committed dose equivalent" (HT,50) means the dose equivalent to organs or tissues of reference (T) that will be received from an intake of radioactive material by an individual during the fifty-year period following the intake.
(22) "Committed effective dose equivalent" (HE,50) is the sum of the products of the weighting factors applicable to each of the body organs or tissues that are irradiated and the committed dose equivalent to each of these organs or tissues (HE,50 = &Sgr; wT,HT,50).
(23) "Controlled area." See "Restricted area."
(24) "Curie" means a unit of quantity of radioactivity. One curie (Ci) is that quantity of radioactive material which decays at the rate of 3.7 x 1010 transformations per second (tps).
(25) "Declared pregnant woman" means a woman who has voluntarily informed her employer, in writing, of her pregnancy, and her estimated date of conception.
(26) "Deep dose equivalent" (Hd), which applies to external whole body exposure, means the dose equivalent at a tissue depth of 1 centimeter (1000 mg/cm2).
(27) "Department" means the department of health, division of radiation protection, which has been designated as the state radiation control agency.
(28) "Depleted uranium" means the source material uranium in which the isotope Uranium-235 is less than 0.711 percent by weight of the total uranium present. Depleted uranium does not include special nuclear material.
(29) "Derived air concentration" (DAC) means the concentration of a given radionuclide in air which, if breathed by the reference man for a working year of two thousand hours under conditions of light work, results in an intake of one ALI. For purposes of these regulations, the condition of light work is an inhalation rate of 1.2 cubic meters of air per hour for two thousand hours in a year. DAC values are given in WAC 246-221-290.
(30) "Derived air concentration-hour" (DAC-hour) means the product of the concentration of radioactive material in air, expressed as a fraction or multiple of the derived air concentration for each radionuclide, and the time of exposure to that radionuclide, in hours. A licensee or registrant may take two thousand DAC-hours to represent one ALI, equivalent to a committed effective dose equivalent of 0.05 Sv (5 rem).
(31) "Dose" is a generic term that means absorbed dose, dose equivalent, effective dose equivalent, committed dose equivalent, committed effective dose equivalent, total organ dose equivalent, or total effective dose equivalent. For purposes of these regulations, "radiation dose" is an equivalent term.
(32) "Dose commitment" means the total radiation dose to a part of the body that will result from retention in the body of radioactive material. For purposes of estimating the dose commitment, it is assumed that from the time of intake the period of exposure to retained material will not exceed fifty years.
(33) "Dose equivalent (HT)" means the product of the absorbed dose in tissue, quality factor, and all other necessary modifying factors at the location of interest. The units of dose equivalent are the sievert (Sv) and rem.
(34) "Dose limits" means the permissible upper bounds of radiation doses established in accordance with these regulations. For purposes of these regulations, "limits" is an equivalent term.
(35) "Dosimetry processor" means a person that processes and evaluates individual monitoring devices in order to determine the radiation dose delivered to the monitoring devices.
(36) "dpm" means disintegrations per minute. See also "curie."
(37) "Effective dose equivalent (HE)" means the sum of the products of the dose equivalent to each organ or tissue (HT) and the weighting factor (wT) applicable to each of the body organs or tissues that are irradiated (HE = &Sgr; wTHT).
(38) "Embryo/fetus" means the developing human organism from conception until the time of birth.
(39) "Entrance or access point" means any opening through which an individual or extremity of an individual could gain access to radiation areas or to licensed radioactive materials. This includes entry or exit portals of sufficient size to permit human entry, without respect to their intended use.
(40) "Exposure" means (a), when used as a verb, being exposed to ionizing radiation or to radioactive material, or (b), when used as a noun, the quotient of &Dgr;Q by &Dgr;m where "&Dgr;Q" is the absolute value of the total charge of the ions of one sign produced in air when all the electrons (negatrons and positrons) liberated by photons in a volume element of air having mass "&Dgr;m" are completely stopped in air. The special unit of exposure is the roentgen (R) and the SI equivalent is the coulomb per kilogram. One roentgen is equal to 2.58 x 10-4 coulomb per kilogram of air.
(41) "Exposure rate" means the exposure per unit of time, such as roentgen per minute and milliroentgen per hour.
(42) "External dose" means that portion of the dose equivalent received from any source of radiation outside the body.
(43) "Extremity" means hand, elbow, arm below the elbow, foot, knee, and leg below the knee.
(44) "Eye dose equivalent" means the external dose equivalent to the lens of the eye at a tissue depth of 0.3 centimeter (300 mg/cm2).
(45) "Former United States Atomic Energy Commission (AEC) or United States Nuclear Regulatory Commission (NRC) licensed facilities" means nuclear reactors, nuclear fuel reprocessing plants, uranium enrichment plants, or critical mass experimental facilities where AEC or NRC licenses have been terminated.
(46) "Generally applicable environmental radiation standards" means standards issued by the United States Environmental Protection Agency (EPA) under the authority of the Atomic Energy Act of 1954, as amended, that impose limits on radiation exposures or levels, or concentrations or quantities of radioactive material, in the general environment outside the boundaries of locations under the control of persons possessing or using radioactive material.
(47) "Gray" (Gy) means the SI unit of absorbed dose. One gray is equal to an absorbed dose of 1 joule/kilogram (100 rad).
(48) "Healing arts" means the disciplines of medicine, dentistry, osteopathy, chiropractic, podiatry, and veterinary medicine.
(49) "High radiation area" means any area, accessible to individuals, in which radiation levels could result in an individual receiving a dose equivalent in excess of 1 mSv (0.1 rem) in one hour at 30 centimeters from any source of radiation or from any surface that the radiation penetrates. For purposes of these regulations, rooms or areas in which diagnostic x-ray systems are used for healing arts purposes are not considered high radiation areas.
(50) "Highway route controlled quantity" means a quantity of radioactive material in a single package which exceeds:
(a) 3,000 times the A1 or A2 quantity as appropriate; or
(b) 30,000 curies, whichever is less.
(51) "Human use" means the intentional internal or external administration of radiation or radioactive material to human beings.
(52) "Immediate" or "immediately" means as soon as possible but no later than four hours after the initiating condition.
(53) "IND" means investigatory new drug for which an exemption has been claimed under the United States Food, Drug and Cosmetic Act (Title 21 CFR).
(54) "Individual" means any human being.
(55) "Individual monitoring" means the assessment of:
(a) Dose equivalent (i) by the use of individual monitoring devices or (ii) by the use of survey data; or
(b) Committed effective dose equivalent (i) by bioassay or (ii) by determination of the time-weighted air concentrations to which an individual has been exposed, that is, DAC-hours.
(56) "Individual monitoring devices" means devices designed to be worn by a single individual for the assessment of dose equivalent. For purposes of these regulations, individual monitoring equipment, personnel monitoring device, personnel dosimeter, and dosimeter are equivalent terms. Examples of individual monitoring devices are film badges, thermoluminescent dosimeters (TLDs), pocket ionization chambers, and personal air sampling devices.
(57) "Inspection" means an official examination or observation by the department including but not limited to, tests, surveys, and monitoring to determine compliance with rules, regulations, orders, requirements and conditions of the department.
(58) "Interlock" means a device arranged or connected such that the occurrence of an event or condition is required before a second event or condition can occur or continue to occur.
(59) "Internal dose" means that portion of the dose equivalent received from radioactive material taken into the body.
(60) "Irretrievable source" means any sealed source containing licensed material which is pulled off or not connected to the wireline downhole and for which all reasonable effort at recovery, as determined by the department, has been expended.
(61) "License" means a license issued by the department in accordance with the regulations adopted by the department.
(62) "Licensed material" means radioactive material received, possessed, used, transferred, or disposed under a general or specific license issued by the department.
(63) "Licensee" means any person who is licensed by the department in accordance with these regulations and the act.
(64) "Licensing state" means any state with regulations equivalent to the suggested state regulations for control of radiation relating to, and an effective program for, the regulatory control of NARM and which has been granted final designation by the Conference of Radiation Control Program Directors, Inc.
(65) "Lost or missing licensed material" means licensed material whose location is unknown. This definition includes licensed material that has been shipped but has not reached its planned destination and whose location cannot be readily traced in the transportation system.
(66) "Major processor" means a user processing, handling, or manufacturing radioactive material exceeding Type A quantities as unsealed sources or material, or exceeding four times Type B quantities as sealed sources, but does not include nuclear medicine programs, universities, industrial radiographers, or small industrial programs. Type A and B quantities are defined in Section 71.4 of 10 CFR Part 71.
(67) "Member of the public" means an individual except when the individual is receiving an occupational dose.
(68) "Minor" means an individual less than eighteen years of age.
(69) "Monitoring" means the measurement of radiation, radioactive material concentrations, surface area activities or quantities of radioactive material and the use of the results of these measurements to evaluate potential exposures and doses. For purposes of these regulations, radiation monitoring and radiation protection monitoring are equivalent terms.
(70) "NARM" means any naturally occurring or accelerator-produced radioactive material. It does not include by-product, source, or special nuclear material. For the purpose of meeting the definition of a Licensing State by the Conference of Radiation Control Program Directors, Inc. (CRCPD), NARM refers only to discrete sources of NARM. Diffuse sources of NARM are excluded from consideration by the CRCPD for Licensing State designation purposes.
(71) "Natural radioactivity" means radioactivity of naturally occurring nuclides.
(72) "NDA" means a new drug application which has been submitted to the United States Food and Drug Administration.
(73) "Nonstochastic effect" means a health effect, the severity of which varies with the dose and for which a threshold is believed to exist. Radiation-induced cataract formation is an example of a nonstochastic effect. For purposes of these regulations, a "deterministic effect" is an equivalent term.
(74) "Normal form radioactive material" means radioactive material which has not been demonstrated to qualify as "special form radioactive material."
(75) "Nuclear Regulatory Commission" (NRC) means the United States Nuclear Regulatory Commission or its duly authorized representatives.
(76) "Nuclear waste" as used in WAC 246-232-090(5) means any quantity of source or byproduct material, (not including radiography sources being returned to the manufacturer) required to be in Type B packaging while transported to, through, or across state boundaries to a disposal site, or to a collection point for transport to a disposal site. Nuclear waste, as used in these regulations, is a special classification of radioactive waste.
(77) "Occupational dose" means the dose received by an
individual in the course of employment in which the individual's
assigned duties involve exposure to radiation or to radioactive
material from licensed and unlicensed sources of radiation,
whether in the possession of the licensee, registrant, or other
person. Occupational dose does not include dose received: From
background radiation, ((as a patient from medical practices))
from any medical administration the individual has received, from
exposure to individuals administered radioactive material and
released pursuant to chapters 246-239 and 246-240 WAC, from
voluntary participation in medical research programs, or as a
member of the public.
(78) "Ore refineries" means all processors of a radioactive material ore.
(79) "Package" means the packaging together with its radioactive contents as presented for transport.
(80) "Particle accelerator" means any machine capable of accelerating electrons, protons, deuterons, or other charged particles in a vacuum and of discharging the resultant particulate or other radiation into a medium at energies usually in excess of 1 MeV.
(81) "Permittee" means a person who has applied for, and received, a valid site use permit for use of the low-level waste disposal facility at Hanford, Washington.
(82) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent or agency of the foregoing, but shall not include federal government agencies.
(83) "Personal supervision" means supervision such that the supervisor is physically present at the facility and in such proximity that contact can be maintained and immediate assistance given as required.
(84) "Personnel monitoring equipment." See individual monitoring devices.
(85) "Pharmacist" means an individual licensed by this state to compound and dispense drugs, and poisons.
(86) "Physician" means an individual licensed by this state to prescribe and dispense drugs in the practice of medicine.
(87) "Planned special exposure" means an infrequent exposure to radiation, separate from and in addition to the annual occupational dose limits.
(88) "Practitioner" means an individual licensed by the state in the practice of a healing art (i.e., physician, dentist, podiatrist, chiropractor, etc.).
(89) "Public dose" means the dose received by a member of
the public from exposure to sources of radiation under the
licensee's or registrant's control or to radiation or radioactive
material released by the licensee. ((It)) Public dose does not
include occupational dose((, dose)) or doses received from
background radiation, ((dose received as a patient from medical
practices)) from any medical administration the individual has
received, from exposure to individuals administered radioactive
material and released pursuant to chapters 246-239 and 246-240
WAC, or ((dose received)) from voluntary participation in medical
research programs.
(90) "Qualified expert" means an individual who has demonstrated to the satisfaction of the department he/she has the knowledge, training, and experience to measure ionizing radiation, to evaluate safety techniques, and to advise regarding radiation protection needs. The department reserves the right to recognize the qualifications of an individual in specific areas of radiation protection.
(91) "Quality factor" (Q) means the modifying factor, listed in Tables I and II, that is used to derive dose equivalent from absorbed dose.
| TABLE I | ||
| QUALITY FACTORS AND ABSORBED DOSE EQUIVALENCIES | ||
| Quality Factor (Q) | Absorbed Dose Equal to A Unit Dose
Equivalenta |
X, gamma, or beta radiation and high-speed electrons | 1 | 1 |
| Alpha particles, multiple- charged particles, fission fragments and heavy particles of unknown charge | 20 | 0.05 |
| Neutrons of unknown energy | 10 | 0.1 |
| High-energy protons | 10 | 0.1 |
| a | Absorbed dose in rad equal to 1 rem or the absorbed dose in gray equal to 1 Sv. |
| TABLE II | |||
| MEAN QUALITY FACTORS, Q, AND FLUENCE PER UNIT DOSE EQUIVALENT FOR MONOENERGETIC NEUTRONS | |||
Neutron Energy (MeV) | Quality Factora (Q) | Fluence per Unit Dose Equivalentb (neutrons cm-2 rem-1) | Fluence per Unit Dose Equivalentb (neutrons cm-2 Sv-1) |
(thermal)2.5 x 10-8 | 2 | 980 x 106 | 980 x 108 |
| 1 x 10-7 | 2 | 980 x 106 | 980 x 108 |
| 1 x 10-6 | 2 | 810 x 106 | 810 x 108 |
| 1 x 10-5 | 2 | 810 x 106 | 810 x 108 |
| 1 x 10-4 | 2 | 840 x 106 | 840 x 108 |
| 1 x 10-3 | 2 | 980 x 106 | 980 x 108 |
| 1 x 10-2 | 2.5 | 1010 x 106 | 1010 x 108 |
| 1 x 10-1 | 7.5 | 170 x 106 | 170 x 108 |
| 5 x 10-1 | 11 | 39 x 106 | 39 x 108 |
| 1 | 11 | 27 x 106 | 27 x 108 |
| 2.5 | 9 | 29 x 106 | 29 x 108 |
| 5 | 8 | 23 x 106 | 23 x 108 |
| 7 | 7 | 24 x 106 | 24 x 108 |
| 10 | 6.5 | 24 x 106 | 24 x 108 |
| 14 | 7.5 | 17 x 106 | 17 x 108 |
| 20 | 8 | 16 x 106 | 16 x 108 |
| 40 | 7 | 14 x 106 | 14 x 108 |
| 60 | 5.5 | 16 x 106 | 16 x 108 |
| 1 x 102 | 4 | 20 x 106 | 20 x 108 |
| 2 x 102 | 3.5 | 19 x 106 | 19 x 108 |
| 3 x 102 | 3.5 | 16 x 106 | 16 x 108 |
| 4 x 102 | 3.5 | 14 x 106 | 14 x 108 |
| a | Value of quality factor (Q) at the point where the dose equivalent is maximum in a 30-cm diameter cylinder tissue-equivalent phantom. |
| b | Monoenergetic neutrons incident normally on a 30-cm diameter cylinder tissue-equivalent phantom. |
(92) "Quarter" means a period of time equal to one-fourth of the year observed by the licensee, approximately thirteen consecutive weeks, providing that the beginning of the first quarter in a year coincides with the starting date of the year and that no day is omitted or duplicated in consecutive quarters.
(93) "Rad" means the special unit of absorbed dose. One rad equals one-hundredth of a joule per kilogram of material; for example, if tissue is the material of interest, then 1 rad equals 100 ergs per gram of tissue. One rad is equal to an absorbed dose of 100 erg/gram or 0.01 joule/kilogram (0.01 gray).
(94) "Radiation" means alpha particles, beta particles, gamma rays, x-rays, neutrons, high-speed electrons, high-speed protons, and other particles capable of producing ions. For purposes of these regulations, ionizing radiation is an equivalent term. Radiation, as used in these regulations, does not include magnetic fields or nonionizing radiation, such as radiowaves or microwaves, visible, infrared, or ultraviolet light.
(95) "Radiation area" means any area, accessible to individuals, in which radiation levels could result in an individual receiving a dose equivalent in excess of 0.05 mSv (0.005 rem) in one hour at thirty centimeters from the source of radiation or from any surface that the radiation penetrates.
(96) "Radiation machine" means any device capable of producing ionizing radiation except those devices with radioactive materials as the only source of radiation.
(97) "Radiation safety officer" means an individual who has the knowledge and responsibility to apply appropriate radiation protection regulations and has been assigned such responsibility by the licensee or registrant.
(98) "Radiation source." See "Source of radiation."
(99) "Radioactive material" means any material (solid, liquid, or gas) which emits radiation spontaneously.
(100) "Radioactive waste" means any radioactive material which is no longer of use and intended for disposal or treatment for the purposes of disposal.
(101) "Radioactivity" means the transformation of unstable atomic nuclei by the emission of radiation.
(102) "Reference man" means a hypothetical aggregation of human physical and physiological characteristics determined by international consensus. These characteristics may be used by researchers and public health workers to standardize results of experiments and to relate biological insult to a common base.
(103) "Registrable item" means any radiation machine except those exempted by RCW 70.98.180 or exempted by the department pursuant to the authority of RCW 70.98.080.
(104) "Registrant" means any person who is registered by the department or is legally obligated to register with the department in accordance with these regulations and the act.
(105) "Registration" means registration with the department in accordance with the regulations adopted by the department.
(106) "Regulations of the United States Department of Transportation" means the regulations in 49 CFR Parts 170-189, 14 CFR Part 103, and 46 CFR Part 146.
(107) "Rem" means the special unit of any of the quantities expressed as dose equivalent. The dose equivalent in rem is equal to the absorbed dose in rad multiplied by the quality factor (1 rem = 0.01 Sv).
(108) "Research and development" means: (a) Theoretical analysis, exploration, or experimentation; or (b) the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials, and processes. Research and development does not include the internal or external administration of radiation or radioactive material to human beings.
(109) "Respiratory protective equipment" means an apparatus, such as a respirator, used to reduce an individual's intake of airborne radioactive materials.
(110) "Restricted area" means any area to which access is limited by the licensee or registrant for purposes of protecting individuals against undue risks from exposure to radiation and radioactive material. "Restricted area" shall not include any areas used for residential quarters, although a separate room or rooms in a residential building may be set apart as a restricted area.
(111) "Roentgen" (R) means the special unit of exposure. One roentgen equals 2.58 x 10-4 coulombs/kilogram of air.
(112) "Sanitary sewerage" means a system of public sewers for carrying off waste water and refuse, but excluding sewage treatment facilities, septic tanks, and leach fields owned or operated by the licensee or registrant.
(113) "Sealed source" means any device containing radioactive material to be used as a source of radiation which has been constructed in such a manner as to prevent the escape of any radioactive material.
(114) "Shallow dose equivalent" (Hs), which applies to the external exposure of the skin or an extremity, means the dose equivalent at a tissue depth of 0.007 centimeter (7 mg/cm2) averaged over an area of 1 square centimeter.
(115) "SI" means an abbreviation of the International System of Units.
(116) "Sievert" means the SI unit of any of the quantities expressed as dose equivalent. The dose equivalent in sievert is equal to the absorbed dose in gray multiplied by the quality factor (1 Sv = 100 rem).
(117) "Site area emergency" means events may occur, are in progress, or have occurred that could lead to a significant release of radioactive material and that could require a response by offsite response organizations to protect persons offsite.
(118) "Site boundary" means that line beyond which the land or property is not owned, leased, or otherwise controlled by the licensee or registrant.
(119) "Source container" means a device in which radioactive material is transported or stored.
(120) "Source material" means: (a) Uranium or thorium, or any combination thereof, in any physical or chemical form, or (b) ores which contain by weight one-twentieth of one percent (0.05 percent) or more of (i) uranium, (ii) thorium, or (iii) any combination thereof. Source material does not include special nuclear material.
(121) "Source material milling" means the extraction or concentration of uranium or thorium from any ore processing primarily for its source material content.
(122) "Source of radiation" means any radioactive material, or any device or equipment emitting or capable of producing ionizing radiation.
(123) "Special form radioactive material" means radioactive material which satisfies the following conditions:
(a) It is either a single solid piece or is contained in a sealed capsule that can only be opened by destroying the capsule;
(b) The piece or capsule has at least one dimension not less than five millimeters (0.197 inch); and
(c) It satisfies the test requirements specified by the United States Nuclear Regulatory Commission. A special form encapsulation designed in accordance with the United States Nuclear Regulatory Commission requirements in effect on June 30, 1983, and constructed prior to July 1, 1985, may continue to be used. A special form encapsulation either designed or constructed after June 30, 1985, must meet requirements of this definition applicable at the time of its design or construction.
(124) "Special nuclear material" means:
(a) Plutonium, uranium-233, uranium enriched in the isotope 233 or in the isotope 235, and any other material that the United States Nuclear Regulatory Commission, pursuant to the provisions of section 51 of the Atomic Energy Act of 1954, as amended, determines to be special nuclear material, but does not include source material; or
(b) Any material artificially enriched in any of the foregoing, but does not include source material.
(125) "Special nuclear material in quantities not sufficient to form a critical mass" means uranium enriched in the isotope U-235 in quantities not exceeding three hundred fifty grams of contained U-235; Uranium-233 in quantities not exceeding two hundred grams; Plutonium in quantities not exceeding two hundred grams; or any combination of them in accordance with the following formula: For each kind of special nuclear material, determine the ratio between the quantity of that special nuclear material and the quantity specified above for the same kind of special nuclear material. The sum of such ratios for all of the kinds of special nuclear material in combination shall not exceed "1" (i.e., unity). For example, the following quantities in combination would not exceed the limitation and are within the formula:
| 175(grams contained U-235) 350 | + | ||
| 50(grams U-233) 200 | + | ||
| 50(grams Pu) 200 | < 1 | ||
(127) "Survey" means an evaluation of the radiological conditions and potential hazards incident to the production, use, release, disposal, or presence of sources of radiation. When appropriate, such evaluation includes, but is not limited to, tests, physical examinations, calculations and measurements of levels of radiation or concentration of radioactive material present.
(128) "Test" means (a) the process of verifying compliance with an applicable regulation, or (b) a method for determining the characteristics or condition of sources of radiation or components thereof.
(129) "These regulations" mean all parts of the rules for radiation protection of the state of Washington.
(130) "Total effective dose equivalent" (TEDE) means the sum of the deep dose equivalent for external exposures and the committed effective dose equivalent for internal exposures.
(131) "Total organ dose equivalent (TODE)" means the sum of the deep dose equivalent and the committed dose equivalent to the organ or tissue receiving the highest dose.
(132) "Type A packaging" means packaging designed in accordance with 49 CFR 173.411 and 173.412 to retain its integral containment and shielding under normal conditions of transport as demonstrated by tests described in 49 CFR 173.465 or 173.466 as appropriate. The contents are limited to A1 or A2 quantities. The package does not require competent authority approval.
(133) "Type A quantity" means a quantity of radioactive material less than or equal to the A1 or A2 value for a single radionuclide, or for which the sum of the fractions does not exceed unity for a mixture of radionuclides.
(134) "Type B packaging" means packaging approved by the United States Nuclear Regulatory Commission for the transport of quantities of radioactivity in excess of A1 or A2. It is defined in detail in 10 CFR 71.4.
(135) "Type B quantity" means a quantity of radioactive material in excess of a Type A quantity. It requires Type B packaging for transportation.
(136) "United States Department of Energy" means the Department of Energy established by Public Law 95-91, August 4, 1977, 91 Stat. 565, 42 U.S.C. 7101 et seq., to the extent that the department exercises functions formerly vested in the United States Atomic Energy Commission, its chairman, members, officers and components and transferred to the United States Energy Research and Development Administration and to the administrator thereof pursuant to sections 104 (b), (c) and (d) of the Energy Reorganization Act of 1974 (Public Law 93-438, October 11, 1974, 88 Stat. 1233 at 1237, 42 U.S.C. 5814 effective January 19, 1975) and retransferred to the Secretary of Energy pursuant to section 301(a) of the Department of Energy Organization Act (Public Law 95-91, August 4, 1977, 91 Stat. 565 at 577-578, 42 U.S.C. 7151, effective October 1, 1977).
(137) "Unrefined and unprocessed ore" means ore in its natural form prior to any processing, such as grinding, roasting, beneficiating, or refining.
(138) "Unrestricted area" (uncontrolled area) means any area which is not a restricted area. Areas where the external dose exceeds 2 mrem in any one hour or where the public dose, taking into account occupancy factors, will exceed 100 mrem total effective dose equivalent in any one year must be restricted.
(139) "Very high radiation area" means an area, accessible to individuals, in which radiation levels could result in an individual receiving an absorbed dose in excess of 5 Gy (500 rad) in one hour at one meter from a source of radiation or from any surface that the radiation penetrates.
(140) "Waste handling licensees" mean persons licensed to receive and store radioactive wastes prior to disposal and/or persons licensed to dispose of radioactive waste.
(141) "Week" means seven consecutive days starting on Sunday.
(142) "Weighting factor" wT for an organ or tissue (T) means the proportion of the risk of stochastic effects resulting from irradiation of that organ or tissue to the total risk of stochastic effects when the whole body is irradiated uniformly. For calculating the effective dose equivalent, the values of wT are:
| ORGAN DOSE WEIGHTING FACTORS | |||
| Organ or Tissue | wT | ||
Gonads | 0.25 | ||
| Breast | 0.15 | ||
| Red bone marrow | 0.12 | ||
| Lung | 0.12 | ||
| Thyroid | 0.03 | ||
| Bone surfaces | 0.03 | ||
| Remainder | 0.30a | ||
Whole Body | 1.00b | ||
| a | 0.30 results form 0.06 for each of 5 "remainder” organs, excluding the skin and the lens of the eye, that receive the highest doses. |
| b | For the purpose of weighting the external whole body dose, for adding it to the internal dose, a single weighting factor, wT = 1.0, has been specified. The use of other weighting factors for external exposure will be approved on a case-by-case basis until such time as specific guidance is issued. |
(143) "Whole body" means, for purposes of external exposure, head, trunk including male gonads, arms above the elbow, or legs above the knee.
(144) "Worker" means an individual engaged in activities under a license or registration issued by the department and controlled by a licensee or registrant but does not include the licensee or registrant. Where the licensee or registrant is an individual rather than one of the other legal entities defined under "person," the radiation exposure limits for the worker also apply to the individual who is the licensee or registrant. If students of age eighteen years or older are subjected routinely to work involving radiation, then the students are considered to be workers. Individuals of less than eighteen years of age shall meet the requirements of WAC 246-221-050.
(145) "Working level" (WL) means any combination of short-lived radon daughters in 1 liter of air that will result in the ultimate emission of 1.3 x 105 MeV of potential alpha particle energy. The short-lived radon daughters are -- for radon-222: polonium-218, lead-214, bismuth-214, and polonium-214; and for radon-220: polonium-216, lead-212, bismuth-212, and polonium-212.
(146) "Working level month" (WLM) means an exposure to one working level for one hundred seventy hours -- two thousand working hours per year divided by twelve months per year is approximately equal to one hundred seventy hours per month.
(147) "Year" means the period of time beginning in January used to determine compliance with the provisions of these regulations. The licensee or registrant may change the starting date of the year used to determine compliance by the licensee or registrant provided that the change is made at the beginning of the year and that no day is omitted or duplicated in consecutive years.
[Statutory Authority: RCW 70.98.050. 95-01-108, § 246-220-010, filed 12/21/94, effective 1/21/95; 94-01-073, § 246-220-010, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-220-010, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-220-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-12-050, filed 12/11/86; 83-19-050 (Order 2026), § 402-12-050, filed 9/16/83. Statutory Authority: Chapter 70.121 RCW. 81-16-031 (Order 1683), § 402-12-050, filed 7/28/81. Statutory Authority: RCW 70.98.050. 81-01-011 (Order 1570), § 402-12-050, filed 12/8/80; Order 1095, § 402-12-050, filed 2/6/76; Order 708, § 402-12-050, filed 8/24/72; Order 1, § 402-12-050, filed 7/2/71; Order 1, § 402-12-050, filed 1/8/69; Rules (part), filed 10/26/66.]
OTS-1960.2
AMENDATORY SECTION(Amending WSR 94-01-073, filed 12/9/93,
effective 1/9/94)
WAC 246-221-001
Purpose and scope.
(1) This chapter establishes standards for protection against radiation hazards. Except as otherwise specifically provided, this chapter applies to all licensees or registrants. The requirements of this chapter are designed to control the receipt, possession, use, transfer, and disposal of sources of radiation by any licensee or registrant so the total dose to an individual, including doses resulting from all sources of radiation other than background radiation, does not exceed the standards for protection against radiation prescribed in this chapter.
(2) The limits in this chapter do not apply to doses due to background radiation, to exposure of patients to radiation for the purpose of medical diagnosis or therapy, to exposure from individuals administered radioactive material and released pursuant to chapters 246-239 and 246-240 WAC, or to voluntary participation in medical research programs.
(3) Nothing in this chapter shall be interpreted as limiting actions that may be necessary to protect health and safety in an emergency.
(4) The definitions contained in WAC 246-220-010 also apply to this chapter. WAC 246-220-007, Statement of philosophy, is directly applicable to this chapter.
[Statutory Authority: RCW 70.98.050. 94-01-073, § 246-221-001, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-221-001, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-221-001, filed 12/27/90, effective 1/31/91; Order 1095, § 402-24-010, filed 2/6/76; Order 1, § 402-24-010, filed 1/8/69; Rules (part), filed 10/26/66.]
(1) Each licensee or registrant shall conduct operations so that:
(a) The total effective dose equivalent to individual members of the public from the licensed or registered operation does not exceed 1 mSv (0.1 rem) in a year, exclusive of the dose contributions from background radiation, from any medical administration the individual has received, from exposure to individuals administered radioactive material and released pursuant to chapters 246-239 and 246-240 WAC, from voluntary participation in medical research programs, and from the licensee's or registrant's disposal of radioactive material into sanitary sewerage in accordance with WAC 246-221-190; and
(b) The dose in any unrestricted area from external sources, exclusive of the dose contributions from patients administered radioactive material and released pursuant to chapters 246-239 and 246-240 WAC, does not exceed 0.02 mSv (0.002 rem) in any one hour.
(2) If the licensee or registrant permits members of the public to have access to restricted areas, they shall be escorted and the limits for members of the public continue to apply to those individuals.
(3) Notwithstanding subsection (1) of this section, a licensee or registrant may continue to operate a facility constructed and put into operation prior to January 1, 1994, where the annual dose limit for an individual member of the public is more than 1 mSv (0.1 rem) and less than 5 mSv (0.5 rem) total effective dose equivalent, provided:
(a) The facility's approved operating conditions for each radiation source remain the same. Any increase in the following operating conditions shall require reevaluation and/or modification of the facility shielding applicable to the source of radiation to meet the 1 mSv (0.1 rem) total effective dose equivalent limit for individual members of the public: size of the radiation source, workload, or occupancy factors associated with the source of radiation; and
(b) Any change in the permanent shielding of the facility due to remodeling, repair or replacement shall require the facility to meet the 1 mSv (0.1 rem) total effective dose equivalent limit for individual members of the public for areas affected by that portion of the shielding.
(4) Each licensee or registrant shall maintain records sufficient to demonstrate compliance with the dose limit for individual members of the public.
[Statutory Authority: RCW 70.98.050. 94-01-073, § 246-221-060, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-221-060, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-221-060, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-24-040, filed 12/11/86. Statutory Authority: RCW 70.98.050. 81-01-011 (Order 1570), § 402-24-040, filed 12/8/80; Order 1095, § 402-24-040, filed 2/6/76; Order 1, § 402-24-040, filed 1/8/69; Rules (part), filed 10/26/66.]
(1) A room or area is not required to be posted with a caution sign because of the presence of a sealed source, provided the radiation level 30 centimeters from the surface of the source container or housing does not exceed 0.05 mSv (five millirem) per hour.
(2) Rooms or other areas in hospitals that are occupied by
patients are not required to be posted with caution signs because
of the presence of patients containing radioactive material
provided that ((confinement is not required)) the patient could
be released from licensee control pursuant to chapters 246-239
and 246-240 WAC.
(3) Caution signs are not required to be posted in areas or rooms containing radioactive material for periods of less than eight hours provided that:
(a) The material is constantly attended during such periods by an individual who shall take the precautions necessary to prevent the exposure of any individual to radiation or radioactive material in excess of the limits established in this part; and
(b) Such area or room is subject to the licensee's or registrant's control.
(4) A room or other area is not required to be posted with a caution sign because of the presence of radioactive material prepared for transport and packaged and labeled in accordance with regulations of the United States Department of Transportation.
(5) A room or area is not required to be posted with a caution sign because of the presence of a diagnostic x-ray system used solely for healing arts purposes.
(6) The interior of a teletherapy room is not required to be posted with caution signs provided such posting is conspicuously placed at the entrance(s) to the rooms.
(7) A licensee is not required to label:
(a) Containers holding licensed material in quantities less than the quantities listed in WAC 246-221-300; or
(b) Containers holding licensed material in concentrations less than those specified in WAC 246-221-290, Table III; or
(c) Containers attended by an individual who takes the precautions necessary to prevent the exposure of any individual to radiation or radioactive material in excess of the limits established by this chapter; or
(d) Containers when they are in transport and packaged and labeled in accordance with the regulations of the United States Department of Transportation; or
(e) Containers such as those located in water-filled canals, storage vaults, or hot cells, that are accessible only to individuals authorized to handle or use them, or to work in the vicinity of the containers, provided the contents are identified to these individuals by a readily available written record. The record shall be retained as long as the containers are in use for the purpose indicated on the record; or
(f) Installed manufacturing or process equipment, such as chemical process equipment, piping, and tanks.
(8) Each licensee, prior to removal or disposal of empty uncontaminated containers to unrestricted areas, shall remove or deface the radioactive material label or otherwise clearly indicate that the container no longer contains radioactive materials.
[Statutory Authority: RCW 70.98.050. 94-01-073, § 246-221-130, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-221-130, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-221-130, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 83-19-050 (Order 2026), § 402-24-095, filed 9/16/83. Statutory Authority: RCW 70.98.050. 81-01-011 (Order 1570), § 402-24-095, filed 12/8/80; Order 1095, § 402-24-095, filed 2/6/76.]
OTS-2027.1
AMENDATORY SECTION(Amending WSR 95-01-108, filed 12/21/94,
effective 1/21/95)
WAC 246-221-250
Notification of incidents.
(1) Immediate notification. Notwithstanding other requirements for notification, each licensee and/or registrant shall immediately (as soon as possible but no later than four hours after discovery of an incident) notify the State Department of Health, Division of Radiation Protection, P.O. Box 47827, Olympia, Washington 98504-7827, by telephone (206/682-5327) and confirming letter, telegram, mailgram, or facsimile of any incident involving any radiation source which may have caused or threatens to cause:
(a) An individual to receive:
(i) A total effective dose equivalent of 0.25 Sv (25 rem) or more; or
(ii) An eye dose equivalent of 0.75 Sv (75 rem) or more; or
(iii) A shallow dose equivalent to the skin or extremities or a total organ dose equivalent of 2.5 Sv (250 rem) or more; or
(b) The release of radioactive material, inside or outside of a restricted area, so that, had an individual been present for twenty-four hours, the individual could have received an intake five times the occupational ALI. This provision does not apply to locations where personnel are not normally stationed during routine operations, such as hot-cells or process enclosures; or
(c) The loss of ability to take immediate protective actions necessary to avoid exposure to sources of radiation or releases of radioactive material that could exceed regulatory limits. Events which could cause such a loss of ability include fires, explosions, toxic gas releases, etc.
(2) Twenty-four hour notification. Each licensee and/or registrant shall within twenty-four hours of discovery of the event, notify the State Department of Health, Division of Radiation Protection, P.O. Box 47827, Olympia, Washington 98504-7827, by telephone (206/682-5327) and confirming letter, telegram, mailgram, or facsimile of any incident involving any radiation source possessed which may have caused or threatens to cause:
(a) An individual to receive, in a period of twenty-four hours:
(i) A total effective dose equivalent exceeding 0.05 Sv (5 rem); or
(ii) An eye dose equivalent exceeding 0.15 Sv (15 rem); or
(iii) A shallow dose equivalent to the skin or extremities or a total organ dose equivalent exceeding 0.5 Sv (50 rem); or
(b) The release of radioactive material, inside or outside of a restricted area, so that, had an individual been present for twenty-four hours, the individual could have received an intake in excess of one occupational ALI. This provision does not apply to locations where personnel are not normally stationed during routine operations, such as hot-cells or process enclosures; or
(c) An unplanned contamination incident that:
(i) Requires access to the contaminated area, by workers or the general public, to be restricted for more than twenty-four hours by imposing additional radiological controls or by prohibiting entry into the area;
(ii) Involves a quantity of material greater than five times the lowest annual limit on intake specified in WAC 246-221-290; and
(iii) Has access to the area restricted for a reason other than to allow radionuclides with a half-life of less than twenty-four hours to decay prior to decontamination; or
(d) Equipment failure or inability to function as designed when:
(i) The equipment is required by regulation or license condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive material exceeding regulatory limits or to mitigate the consequences of an accident;
(ii) The equipment is required to be available and operable at the time it becomes disabled or fails to function; and
(iii) No redundant equipment is available and operable to perform the required safety functions; or
(e) An unplanned medical treatment at a medical facility of an individual with spreadable radioactive contamination on the individual's clothing or body; or
(f) An unplanned fire or explosion damaging any radioactive material or any device, container or equipment containing radioactive material when:
(i) The quantity of radioactive material involved is greater than five times the lowest annual limit on intake specified in WAC 246-221-290; and
(ii) The damage affects the integrity of the radioactive material or its container.
(3) For each occurrence requiring notification pursuant to this section, a prompt investigation of the situation shall be initiated by the licensee/registrant. A written report of the findings of the investigation shall be sent to the department within thirty days.
(4) The licensee or registrant shall prepare each report filed with the department pursuant to this section so that names of individuals who have received exposure to sources of radiation are stated in a separate and detachable portion of the report.
Any report filed with the department pursuant to this section shall contain the information described in WAC 246-221-260 (2) and (3).
(5) The provisions of this section do not apply to doses that result from planned special exposures, provided such doses are within the limits for planned special exposures and are reported pursuant to WAC 246-221-265.
(6) Telephone notifications that do not involve immediate or
twenty-four hour notification shall not be made to the emergency
number (Seattle 206/682-5327). Routine calls should be made to
the Olympia office (((360/753-3468))) (360 236-3300).
(7) Telephone notification required under this section shall include, to the extent that the information is available at the time of notification:
(a) The caller's name and call-back telephone number;
(b) A description of the incident including date and time;
(c) The exact location of the incident;
(d) The radionuclides, quantities, and chemical and physical forms of the radioactive materials involved; and
(e) Any personnel radiation exposure data available.
[Statutory Authority: RCW 70.98.050. 95-01-108, § 246-221-250, filed 12/21/94, effective 1/21/95; 94-01-073, § 246-221-250, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-221-250, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-221-250, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-24-190, filed 12/11/86; 83-19-050 (Order 2026), § 402-24-190, filed 9/16/83. Statutory Authority: RCW 70.98.050. 81-01-011 (Order 1570), § 402-24-190, filed 12/8/80; Order 1095, § 402-24-190, filed 2/6/76; Order 708, § 402-24-190, filed 8/24/72; Order 1, § 402-24-190, filed 7/2/71; Order 1, § 402-24-190, filed 1/8/69; Rules (part), filed 10/26/66.]
OTS-2028.1
AMENDATORY SECTION(Amending WSR 94-01-073, filed 12/9/93,
effective 1/9/94)
WAC 246-222-080
Inspections not warranted--Informal review.
(1) If the department of health, division of radiation protection determines, with respect to a complaint under WAC 246-222-070 that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the division of radiation protection shall notify the complainant in writing of such determination.
(a) If the complaint resulted from activities concerning naturally occurring or accelerator produced radioactive materials and/or radiation producing machines: The complainant may obtain review of such determination by submitting a written statement of position to the Assistant Director, Division of Industrial Safety and Health, P.O. Box 4600, Olympia, Washington 98504-4600. Such request for informal review will be processed according to the provisions of WAC 296-350-460 and the provisions of the interagency agreement between the department of labor and industries and the department of health, division of radiation protection, if any.
(b) If the complaint resulted from activities concerning
byproduct material, source material, and/or special nuclear
material: The complainant may obtain review of such
determination by submitting a written statement of position with
the Department of Health, Division of Radiation Protection, P.O.
Box 47827, Olympia, Washington 98504-7827 (((360/753-3468))) (360
236-3300), who will provide the licensee or registrant with a
copy of such statement by certified mail, excluding, at the
request of the complainant, the name of the complainant. The
licensee or registrant may submit an opposing written statement
of position with the department of health, division of radiation
protection, who will provide the complainant with a copy of such
statement by certified mail. Upon the request of the
complainant, the department of health may hold an informal
conference in which the complainant and the licensee or
registrant may orally present their views. An informal
conference may also be held at the request of the licensee or
registrant, but disclosure of the identity of the complainant
will be made only following receipt of written authorization from
the complainant. After considering all written or oral views
presented, the department of health shall affirm, modify, or
reverse the determination of the division of radiation protection
and furnish the complainant and the licensee or registrant a
written notification of the decision and the reason therefor.
(2) If the division of radiation protection determines that an inspection is not warranted because the requirements of WAC 246-222-070(1) have not been met, it shall notify the complainant in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of WAC 246-222-070(1).
[Statutory Authority: RCW 70.98.050. 94-01-073, § 246-222-080, filed 12/9/93, effective 1/9/94. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-222-080, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-222-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-48-080, filed 12/11/86; Order 1084, § 402-48-080, filed 1/14/76.]
OTS-1959.1
AMENDATORY SECTION(Amending Order 184, filed 7/24/91, effective
8/24/91)
WAC 246-232-010
Exemptions.
(1) Source material.
(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;
(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.*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.
(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) Except as provided in (a)(ii) of this subsection any person is exempt from this chapter and chapters 246-233 and 246-235 WAC to the extent that such person receives, possesses, uses, transfers, owns or acquires products or materials containing radioactive material in concentrations not in excess of those listed in WAC 246-232-130, Schedule C.
(ii) 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
WAC ((246-235-100(1))) 246-235-105 or the general license
provided in WAC 246-232-040.
(b) Exempt quantities.
(i) Except as provided in (b)(ii) and (iii) of this subsection any 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 the applicable quantity set forth in WAC 246-232-120, Schedule B.
(ii) This paragraph, WAC 246-232-010 (2)(b), 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) 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) of this
subsection 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 Section 32.18
of 10 CFR Part 32 or by the department pursuant to WAC
((246-235-100(2))) 246-235-105 which license states that the
radioactive material may be transferred by the licensee to
persons exempt under (b) of this subsection 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:*
(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:*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.
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.*
(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.*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.
(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
((246-235-100(3))) 246-235-105, which authorizes the transfer of
the detectors to persons who are exempt from regulatory
requirements.
(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
((*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. 246-235-100(3))) 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 ((246-235-100(3)))
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 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.]
OTS-2029.1
AMENDATORY SECTION(Amending Order 184, filed 7/24/91, effective
8/24/91)
WAC 246-232-040
Reciprocal recognition of licenses.
(1) Subject to these regulations, any person who holds a specific license from the United States Nuclear Regulatory Commission or any agreement state or licensing state, and issued by the agency having jurisdiction where the licensee maintains an office for directing the licensed activity and at which radiation safety records are normally maintained, is hereby granted a general license to conduct the activities authorized in such licensing document within this state for a period not in excess of one hundred eighty days in that twelve month period which commences the date approval is granted, and the appropriate fee received, by the department provided that:
(a) The licensing document does not limit the activity authorized by such document to specified installations or locations;
(b) 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 ((LE-13)) 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
(((360-753-4481))) (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;
(c) 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;
(d) The out-of-state licensee supplies such other information as the department may request; and
(e) 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).
(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 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 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.]
OTS-1961.1
AMENDATORY SECTION(Amending Order 184, filed 7/24/91, effective
8/24/91)
WAC 246-233-010
General licenses--Source material.
(1) A general license is hereby issued authorizing use, possession, and transfer of not more than fifteen pounds of source material at any one time by persons in the following categories:
(a) Pharmacists using the source material solely for the preparation of medicinal compounds;
(b) Physicians using the source material for medicinal purposes;
(c) Persons receiving possession of source material from pharmacists and physicians in the form of medicinals or drugs;
(d) Commercial and industrial firms, and research, educational, and medical institutions, and state and local government agencies for research, development, educational, operational, or commercial purposes: And provided, That no such person shall, pursuant to this general license, receive more than a total of one hundred fifty pounds of source material in any one calendar year.
(2) Persons who receive, possess, use, or transfer source material pursuant to the general license issued in subsection (1) of this section are exempt from the provisions of chapters 246-221 and 246-222 WAC to the extent that such receipt, possession, use, or transfer is within the terms of such general license: Provided, however, That this exemption shall not be deemed to apply to any such person who is also in possession of source material under a specific license issued pursuant to chapter 246-235 WAC.
(3) A general license is hereby issued authorizing the receipt of title to source material without regard to quantity. This general license does not authorize any person to receive, possess, use, or transfer source material.
(4) Depleted uranium in industrial products and devices.
(a) A general license is hereby issued to receive, acquire, possess, use, or transfer, in accordance with the provisions of paragraphs (4)(b), (c), (d), and (e) of this section, depleted uranium contained in industrial products or devices for the purpose of providing a concentrated mass in a small volume of the product or device.
(b) The general license in paragraph (4)(a) of this section
applies only to industrial products or devices which have been
manufactured either in accordance with a specific license issued
to the manufacturer of the products or devices pursuant to WAC
((246-235-100(13))) 246-235-091 or in accordance with a specific
license issued to the manufacturer by the United States Nuclear
Regulatory Commission or an agreement state which authorizes
manufacture of the products or devices for distribution to
persons generally licensed by the United States Nuclear
Regulatory Commission or an agreement state.
(c)(i) Persons who receive, acquire, possess, or use depleted uranium pursuant to the general license established by paragraph (4)(a) of this section shall file department form RHF-20 "Registration certificate - Use of depleted uranium under general license," with the department. The form shall be submitted within thirty days after the first receipt or acquisition of such depleted uranium. The registrant shall furnish on department form RHF-20 the following information and such other information as may be required by that form:
(A) Name and address of the registrant;
(B) A statement that the registrant has developed and will maintain procedures designed to establish physical control over the depleted uranium described in paragraph (4)(a) of this section and designed to prevent transfer of such depleted uranium in any form, including metal scrap, to persons not authorized to receive the depleted uranium; and
(C) Name and/or title, address, and telephone number of the individual duly authorized to act for and on behalf of the registrant in supervising the procedures identified in item (4)(c)(i)(B) of this section.
(ii) The registrant possessing or using depleted uranium under the general license established by paragraph (4)(a) of this section shall report in writing to the department any changes in information previously furnished on the "Registration certificate - Use of depleted uranium under general license." The report shall be submitted within thirty days after the effective date of such change.
(d) A person who receives, acquires, possesses, or uses depleted uranium pursuant to the general license established by paragraph (4)(a) of this section:
(i) Shall not introduce such depleted uranium, in any form, into a chemical, physical, or metallurgical treatment or process, except a treatment or process for repair or restoration of any plating or other covering of the depleted uranium.
(ii) Shall not abandon such depleted uranium.
(iii) Shall transfer or dispose of such depleted uranium only by transfer in accordance with the provision of chapter 246-232 WAC. In the case where the transferee receives the depleted uranium pursuant to the general license established by paragraph (4)(a) of this section the transferor shall furnish the transferee a copy of this regulation and a copy of department form RHF-20.
In the case where the transferee receives the depleted uranium pursuant to a general license contained in the United States Nuclear Regulatory Commission's or agreement state's regulation equivalent to paragraph (4)(a) of this section the transferor shall furnish the transferee a copy of this regulation and a copy of department form RHF-20 accompanied by a note explaining that use of the product or device is regulated by the United States Nuclear Regulatory Commission or agreement state under requirements substantially the same as those in this regulation.
(iv) Shall maintain and make available to the department upon request the name and address of the person receiving the depleted uranium pursuant to such transfer.
(v) Shall not export such depleted uranium except in accordance with a license issued by the United States Nuclear Regulatory Commission pursuant to 10 CFR Part 110.
(e) Any person receiving, acquiring, possessing, using, or transferring depleted uranium pursuant to the general license established by paragraph (4)(a) of this section is exempt from the requirements of chapters 246-221 and 246-222 WAC of these regulations with respect to the depleted uranium covered by that general license.
[Statutory Authority: RCW 70.98.050 and 70.98.080. 91-15-112 (Order 184), § 246-233-010, filed 7/24/91, effective 8/24/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-233-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.050. 81-01-011 (Order 1570), § 402-21-030, filed 12/8/80. Statutory Authority: RCW 70.98.080. 79-12-073 (Order 1459), § 402-21-030, filed 11/30/79, effective 1/1/80. Formerly WAC 402-20-030.]
*Note: Different general licenses are issued in this section, each of which has its own specific conditions and requirements.
(1) Certain devices and equipment. A general license is
hereby issued to transfer, receive, acquire, own, possess, and
use radioactive material incorporated in the following devices or
equipment which have been manufactured, tested and labeled by the
manufacturer in accordance with a specific license issued to the
manufacturer by the United States Nuclear Regulatory Commission
for use pursuant to Section 31.3 of 10 CFR Part 31. This general
license is subject to the provisions of WAC 246-220-020,
246-220-030, 246-220-040, 246-220-050, 246-220-060, 246-220-070,
chapters 246-232, 246-221** and 246-222 WAC.
(a) Static elimination device. Devices designed for use as static eliminators which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 500 microcuries of Polonium-210 per device.
(b) Ion generating tube. Devices designed for ionization of air which contain, as a sealed source or sources, radioactive material consisting of a total of not more than 500 microcuries of Polonium-210 per device or a total of not more than 50 millicuries of Hydrogen-3 (tritium) per device.
| ** | Attention is directed particularly to the provisions of chapter 246-221 WAC of these regulations which relate to the labeling of containers. |
(3) Reserved.
(4) Certain measuring, gauging or controlling devices.
(a) A general license is hereby issued to commercial and industrial firms and research, educational and medical institutions, individuals in the conduct of their business, and state or local government agencies to own, acquire, receive, possess, use or transfer, in accordance with the provisions of (b), (c), and (d) of this subsection, radioactive material excluding special nuclear material contained in devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing light or an io