Fusion Machines Rulemaking 

What’s Happening? 

The State of Washington Department of Health (department) will soon embark on a process to establish a regulatory framework for the safe development and operation of fusion technologies and establish fusion-specific license and registration fees. 

Why? 

Fusion technology is a rapidly developing field heading toward providing a clean, reliable, and nearly limitless source of power for future generations. Currently, fusion machines must be licensed or registered under three separate programs: radioactive materials byproducts, radioactive air emissions, and particle accelerators. Creating a single fusion machines framework would make the requirements clearer and more predictable for fusion companies. 

Rulemaking Timeline 

The department is planning to use its standard rulemaking process, initially anticipating the following schedule. 

Milestone  Description  Anticipated Date
File CR-101  Filing of the Preproposal Statement of Inquiry form (CR-101) will set the scope of potential rulemaking and begin the process of soliciting comments from the public   November 2026 
First RAC meeting  The Rule Advisory Committee (RAC) will begin to meet monthly to help provide technical guidance to develop a rule proposal  January 2027 
Informal comments The department will solicit comments from interested parties, other agencies, the public, and tribes early in the process  Spring 2027 
File CR-102  Filing of the Proposed Rule Making form (CR‑102) will formally announce the department’s proposed rule. It also starts the formal comment period  August 2027 
Hold public hearing  After the public has had time to consider the proposed rule, the department will conduct an official public hearing  September 2027 
File CR-103P  After all public comments are considered, the Rule-Making Order form (CR-103P) will officially adopt the permanent rule into the Washington Administrative Code (WAC)  October 2027
Effective date  The date the rule begins to apply in the state of Washington   December 2027 

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