Current through Register Vol. 24-18, September 15, 2024
Before radioactive material can be used at any temporary
job site, the jurisdictional status of the job site must be determined.
Authorization for use of radioactive material at job sites under exclusive
federal jurisdiction must be obtained from the appropriate regional office of
the NRC, Washington, D.C. 20555. Before radioactive materials can be used as a
temporary job site in another state, authorization must be obtained from that
state if it is an agreement state, or from the NRC if it is a nonagreement
state.
(1) A person authorized by a
license issued by the NRC or an agreement state, may obtain authorization from
the department to work in Washington state provided:
(a) The out-of-state license is issued by the
NRC or agreement state with jurisdiction where the licensee maintains an office
for directing the licensed work and for retaining radiation safety
records;
(b) The out-of-state
licensee must not possess or use radioactive materials or conduct authorized
work in Washington state for more than 180 days in that 12-month period which
starts the date approval is granted, and the appropriate fee is received by the
department, as required in chapter 246-254 WAC;
(c) The out-of-state licensing document
authorizes the work conducted;
(d)
The licensed work is not conducted in an area under exclusive federal
jurisdiction;
(e) The appropriate
fee is currently paid, as required in chapter 246-254 WAC. Licensees send fees
to Washington State Department of Health, Revenue Accounting, P.O. Box 1099,
Olympia, Washington 98504-1099;
(f)
The out-of-state licensee notifies the department in writing at least three
days before each entry into Washington state to conduct licensed work.
(i) The written notification must be sent to
the Radioactive Materials Section, Department of Health, P.O. Box 47827,
Olympia, Washington 98504-7827. Fax, email, or other notifications may be
approved by the department.
(ii)
The written notification must include use and storage location(s), start and
end dates of licensed work, and type of proposed possession and use in
Washington state, and must include licensing documents authorizing the licensed
work.
(iii) If an unexpected need
or emergency means the three-day notice is impossible or would impose an undue
hardship on the out-of-state licensee, the out-of-state licensee may telephone
the department (360-236-3221), for permission to proceed immediately.
(iv) The department may waive the requirement
for filing additional written notifications during the remainder of the 12
months following the receipt of the initial notification.
(g) The out-of-state licensee must:
(i) Comply with all terms and conditions of
the licensing document issued by the licensing authority except such terms or
conditions contrary to the requirements or rules of the department or this
section;
(ii) Comply with all
applicable rules, terms and conditions of the department; and
(iii) Promptly provide other information the
department may request.
(h) The out-of-state licensee must request
approval for changes in work locations, radioactive material, or work conducted
if different from the most recent information provided to the
department.
(i) The out-of-state
licensee may not transfer or dispose of radioactive material except by transfer
to a person specifically licensed by the department or by the NRC or an
agreement state to receive such material.
(j) The out-of-state specific licensee may
possess or use radioactive material or conduct authorized work in offshore
waters for more than 180 days in any calendar year, if the specific license
issued by an agreement state or the NRC authorizes the specific licensee to
possess or use radioactive material or conduct authorized work in offshore
waters for an unlimited period of time.
(2) A person who holds a specific license
issued by the NRC or an agreement state authorizing the holder to manufacture,
install, or service a device described in WAC
246-233-020
within the areas subject to the jurisdiction of the licensing body is hereby
granted a general license to install and service such device in this state in
areas not under exclusive federal jurisdiction provided:
(a) Such person must file a report with the
department within 30 days after the end of each calendar quarter in which any
device is transferred to or from, or installed in this state. Each report must
identify each general licensee to or from whom such device is transferred by
name and address, the device manufacturer (or initial transferor), model number
and serial number, and the quantity and type of radioactive material contained
in the device;
(b) The device has
been, and is, manufactured, labeled, installed, and serviced in accordance with
applicable provisions of the specific license issued to a person by the NRC or
an agreement state;
(c) Such person
must ensure that any labels required to be affixed to the device under rules of
the authority which licensed the manufacture of the device bear a statement
that removal of the label is prohibited; and
(d) The specific licensee must provide each
general licensee to and from whom such device is transferred, or on whose
premises such device is installed, a copy of the general license in WAC
246-233-020.
(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 to prevent undue
hazard to public health and safety, or to the environment, or to
property.
Statutory Authority:
RCW
70.98.050. 04-04-055, § 246-232-040,
filed 1/30/04, effective 3/1/04; 01-02-068, § 246-232-040, filed 12/29/00,
effective 1/29/01; 99-15-105, § 246-232-040, filed 7/21/99, effective
8/21/99; 98-13-037, § 246-232-040, filed 6/8/98, effective 7/9/98.
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.
