Radiation Protection Rule-making Activities

Current Rulemaking

Nuclear Regulatory Commission – Regulation Action Tracking System (RATS) 2018.1 Update

On August 23 2022 at 1:30PM, the Department of Health (department) will hold a virtual public hearing to propose amendments to the following three Washington Administrative Code (WAC) chapters:

  • Chapter 246-232 WAC - Radioactive material - licensing applicability
  • Chapter 246-235 WAC – - Radioactive materials - specific licenses
  • Chapter 246-240 WAC – Radiation protection - medical use of radioactive material

This proposed rule making amends three chapters of rules to adopt federally required rule changes without material change related to licensing radioactive materials. This rule making adopts the Nuclear Regulatory Commission (NRC) rule changes that are identified by the following Regulation Amendments Tracking System (RATS) and corresponding federal registers (FR) – where applicable:

  • RATS 2018.1, 83 FR 33046-published 04/24/2002, chapters 246-232, 235, and 240 WAC:
    • Amends the reporting and notification requirements for a medical event for permanent implant brachytherapy;
    • Amends the training and experience requirement to obtain a written attestation for an individual who is certified by a specialty board whose certification process has been recognized by the NRC or an Agreement State as well as exempt certain board-certified individuals from certain training and experience requirements if certification was obtained by a specified date;
    • Amends the requirements for measuring molybdenum contamination;
    • Adds a new requirement for the reporting of failed technetium and rubidium generators; and
    • Allows licensees to name associate radiation safety officers on a medical license.

During the review of RATS ID# 2018.1, the department determined that during previous rulemakings, some drafting errors were made, and identified some rule language clarifications were needed as follows:

  • RATS ID# 2002.2, 67 FR 20348, WAC 246-240-075(2)(a):
    • Corrected an error made when adopting the language, regarding the completed number of hours of structured education and program experience required by a pharmacist to become a nuclear pharmacist from 200 hours to 700 hours.
  • RATS ID# 2005.2, 70 FR 16336, WAC 246-240-075(2)(a)(i):
    • Removed: "Didactic training in the following areas:"
    • Replaced with: "Two hundred hours of classroom and laboratory training in the following areas:"
  • Minor language clarifications were made to mirror equivalent 10 CFR language to the following:
    • RATS ID# 2005.2, 70 FR 16336, WAC 246-240-154(1)(a), 246-240-163 (1)(a), and 246-240-210(1)(b)
    • RATS ID# 2007.3, 72 FR 55864, WAC 246-235-010(9)
    • No RATS ID # (Pre 1991), 30 FR 8185, WAC 246-232-050(3) & (5), 246-235-010(4), and 246-235-020(2)
    • No RATS ID# (Pre 1991), 49 FR 9403, WAC 246-235-010(10)
    • No RATS ID# (Pre 1991), 52 FR 49371, WAC 246-232-004
    • No RATS ID# (Pre 1991), 53 FR 24044, WAC 246-235-010(8)
    • No RATS ID# (Pre 1991), 54 FR 14061, WAC 246-232-050(6)
    • RATS ID# 1998.1, 63 FR 1890, WAC 246-232-005
    • RATS ID# 2005.1, 70 FR 2001, WAC 246-232-050(14)
    • RATS ID# 2007.3, 72 FR 55864, WAC 246-232-050(7), 246-232-050(15) and 246-240-022(6)
    • RATS ID# 2011.1, 76 FR 35512, WAC 246-232-050(2)(b)(i) and (ii)

The CR-102 Proposed Rulemaking Form (PDF) was filed on July 14, 2022.

If you would like to attend the August 23 virtual public hearing or give testimony, register for our Zoom webinar and follow the instructions. After registering, you will receive a confirmation email containing information about joining the webinar.

If you would like to submit a formal comment, send it to radruleupdates@doh.wa.gov by close of business on August 23, 2022.

For more information, contact:

Raj Maharjan, 360-522-0613

Nina Helpling, 360-236-3065

Recently Adopted Rule

Nuclear Regulatory Commission – Regulation Action Tracking System (RATS) Updates: 2018-2, 2018-3, 2019-1, 2019-2, and 2020-1

On April 12, 2022, the Department of Health (department) held a virtual public hearing to adopt amendments to the following five Washington Administrative Code (WAC) chapters:

  • Chapter 246-231 WAC - Packaging and transportation of radioactive material 
  • Chapter 246-236 WAC – Licenses and radiation safety requirements for irradiators
  • Chapter 246-237 WAC – Radiation protection – Physical protection of category 1 and category 2 quantities of radioactive material 
  • Chapter 246-243 WAC – Radiation protection – Industrial radiography
  • Chapter 246-244 WAC – Radiation protection – Wireline services

The department is required to remain compatible with NRC rules per the formal agreement between Washington State and the U.S. Nuclear Regulatory Commission (NRC). Between 2018 and 2020 the NRC made miscellaneous corrections, organizational changes, conforming amendments, and minor revisions to the Code of Federal Registration, Title 10 - Energy, Chapter I. Nuclear Regulatory Commission as identified by NRC Regulation Amendments Tracking System (RATS) numbers as follows: 

  1. 2018-2 Miscellaneous Correction - Organizational Changes - 83 FR 58721: Amends rules to make miscellaneous corrections that are non-substantive changes, such as updating titles.
  2. 2018-3 Miscellaneous Corrections - 83 FR 30285: Amends Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material and Packaging and Transportation of Radioactive Material rules to provide the department an oath or affirmation certificate(s) for reviewing officials seeking access authorization, to include in the security program, for the protection of information, a list of individuals that have been approved for unescorted access, and non-substantive changes such as updating titles.
  3. 2019-1 Miscellaneous Corrections - 84 FR 63565: Amends Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material rules to make miscellaneous corrections that are non-substantive changes, such as updating titles, mailing address, e-mail address, and basic instructions for clarity.
  4. 2019-2 Organizational Changes and Conforming Amendments - 84 FR 65639 and 84 FR 66561: Amends Packaging and Transportation of Radioactive Material rules to make organizational changes instructing Washington licensees to send quality assurance plans to the department and not to the NRC directly and to make non-substantive conforming changes to update a division title.
  5. 2020-1 Individual Monitoring Devices - 85 FR 15347: Amends Licenses and Radiation Safety Requirements for Irradiators and Radiation Protection - Industrial Radiography, and Radiation Protection - Wireline Services.  These amendments were made in response to a 2016 petition for rulemaking that NRC received from the American Society for Nondestructive Testing and the Nondestructive Testing Management Association. The NRC is amending its regulations to authorize the use of modern individual monitoring devices in industrial radiographic, irradiator, and well logging operations. These amendments will align personnel dosimetry requirements in these areas with the requirements for all other NRC licensees.

The proposed rule also makes non-substantive formatting changes.

The CR-103 Rule Making Order (PDF) was filed on May 16, 2022 and goes into effect June 16, 2022.

View the Federal Register to WAC Crosswalk (Word).

For more information, contact:

Raj Maharjan, 360-522-0613

Nina Helpling, 360-236-3065

SHB 2246 Title 70 RCW Updates

On February 22, 2022, the Department of Health (department) held a virtual public hearing to adopt the proposed amendments updating multiple Washington Administrative Code (WAC) chapters per requirements of Substitute House Bill 2246 (SHB 2246), Chapter 20, Laws of 2020.  

SHB 2246 reorganized the statutory chapters of Title 70 Revised Code of Washington (RCW) into two titles to better sort the chapters according to public health and safety, and environmental health and safety as follows:

  • Title 70 RCW, Public Health and Safety, and 
  • Title 70A RCW, Environmental Health and Safety 

The adopted rules corrected the RCW citations that were affected* by the reorganization of Title 70 RCW into two titles and included non-substantive clarifying edits. 

The rule is effective on April 9, 2022.

CR-103P Rule-Making Order (PDF)

For more information, contact Nina Helpling at shb2246@doh.wa.gov or call 360-236-3065.

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