Washington Administrative Code

The definitions, abbreviations, and acronyms in this section and WAC 246-220-010, apply throughout this chapter unless the context clearly indicates otherwise.(1) "Abatement technology" means any mechanism, process or method that has the potential to reduce public exposure to rad…

(1) In addition to other requirements of this chapter, the following federal standards, as in effect on July 1, 2026, are adopted by reference except as provided in subsection (2) of this section.(a) For federal facilities:(i) 40 C.F.R. Part 61, Subpart A - General Provisions.(ii…

(1) Standards for radioactive air emissions in the state of Washington are contained in WAC 173-480-040, 173-480-050, and 173-480-060. Additional standards for emissions of radionuclides other than radon from United States Department of Energy facilities and for radionuclide emis…

This section describes the information requirements for approval to construct, modify, and operate an emission unit. Any notice of construction (NOC) requires the submittal of the information listed in Appendix A. Complex projects may require additional information. The applicant…

(1) All facilities under the authority of this chapter shall submit fees in accordance with WAC 246-254-160.(2) Those facilities required by WAC 246-254-160(2) to submit an application fee, shall submit the fee with the application.[Statutory Authority: Chapters 70.98 and 70.94 R…

(1) The department may, upon request by a nonfederal licensee, authorize provisions specific to that nonfederal licensee, other than those already set forth in WAC 246-247-075 for nonfederal emission unit monitoring, testing, or quality assurance, so long as the department finds …

(1) The department reserves the right to inspect and audit all construction activities, equipment, operations, documents, data, and other records related to compliance with the requirements of this chapter. The department may require a demonstration of ALARACT at any time.(2) All…

(1) All procedures for determining compliance with the dose equivalent standards of 40 C.F.R. 61 (effective July 1, 2021) are adopted by reference, as applicable as specified by the referenced subparts. The department may, upon request of a nonfederal licensee, authorize provisio…

(1) In accordance with RCW 70A.15.3130, the department may take any of the following actions to enforce compliance with the provisions of this chapter:(a) Notice of violation and compliance order (RCW 70A.15.3010).(b) Restraining order or temporary or permanent injunction (RCW 70…

(1) Name and address of the facility, and location (latitude and longitude) of the emission unit(s).(2) Name, title, address, and phone number of the responsible manager.(3) Identify the type of proposed action for which this application is submitted:(a) Construction of new emiss…

Purpose. A BARCT demonstration is used to choose control technologies for the mitigation of emissions of radioactive material from new emission units or significant modifications to emission units. The bases for the BARCT demonstration requirements are the BARCT standard given in…

Purpose. An ALARACT demonstration is used for inspection or audit purposes, and to demonstrate compliance with the substantive ALARACT technology standard as required by this chapter. An ALARACT demonstration is used to evaluate the adequacy of control technology on existing emis…

These rules govern generators and brokers of low-level radioactive waste (LLRW) and generators and brokers of naturally occurring and accelerator produced radioactive material (NARM) seeking to dispose waste at any commercial disposal facility in the state of Washington. For purp…

The definitions, abbreviations, and acronyms in this section and in WAC 246-220-010 apply throughout this chapter unless the context clearly indicates otherwise.(1)(a) "Broker" means a person who performs one or more of the following functions for a radioactive waste generator:(i…

(1) Each generator and each broker of radioactive waste shall:(a) Possess an active valid, and unencumbered site use permit prior to the shipment of such waste to, or the disposal of such waste at any commercial disposal facility in the state of Washington.(b) Renew the site use …

(1) A low-level radioactive waste shipment certification, Form RHF-31, must accompany each shipment of radioactive waste to a licensed low-level radioactive waste burial site. All three sections of the form must be completed. The certification shall be submitted at the disposal s…

(1) Considerations. Determination of the classification of waste involves two considerations. First, consideration must be given to the concentration of long-lived radionuclides (and their shorter-lived precursors) whose potential hazard will persist long after such precautions a…

(1) Packaging.(a) Wastes shall be packaged in conformance with the conditions of the license issued to the site operator to which the waste will be shipped. Where the conditions of the site license are more restrictive than the provisions of these regulations, the site license co…

Each package of waste must be clearly labeled to identify whether it is Class A waste, Class B waste, or Class C waste in accordance with WAC 246-249-040. This marking is in addition to any transportation markings or labeling required by the United States Nuclear Regulatory Commi…

It is inevitable that a small portion of wastes cannot be treated to fully comply with the waste form requirements of this chapter consistent with the ALARA philosophy of chapter 246-220 WAC. A waste disposal site operator may apply to the department for a variance provided:(1) T…

(1) In addition to requirements for a disposal site use permit contained in WAC 246-249-020, single generators of naturally occurring or accelerator produced radioactive material shall obtain the specific approval of the department prior to offering wastes for disposal.(2) Applic…

The requirements of this section are designed to control transfers of radioactive waste by any waste generator, waste collector, or waste processor licensee who ships radioactive waste either directly, or indirectly through a waste collector or waste processor, to a licensed low-…

Unless the context requires otherwise, the definitions contained in this section apply throughout this chapter.(1) "Attorney general" means the antitrust section of the office of the attorney general.(2) "Applicant" means a certified health plan, health care facility, health care…

(1) The purpose of WAC 245-02-020 through 245-02-050 is to implement provisions of the act that require the commission to adopt rules governing antitrust immunity, competitive oversight, and conduct of certified health plans, health care providers, and health care facilities. The…

The provisions of WAC 245-02-010 through 245-02-050 shall govern contracts and conduct among health care providers, health care facilities, and certified health plans entered into or renewed on and after October 1, 1995.[Statutory Authority: RCW 43.72.310. WSR 99-04-049, recodifi…

The commission recognizes that reforms in the health system will occur through the development of comprehensive, integrated, and cost-effective health services delivery systems. Because the health services market place is evolving in anticipation of changes required by the act, i…

An applicant may petition the commission for approval of a managed health care finance and delivery system in a rural area that may violate existing antitrust law principles or provisions of WAC 245-02-040, 245-02-045 or 245-02-050 but is necessary to preserve local access to reg…

(1) The board finds that collective negotiation by competing health care providers of certain nonfee terms and conditions of contracts with health carriers may result in procompetitive effects in the absence of any express or implied threat of retaliatory collective action by hea…

"Most favored nations clauses" may discourage discounting by the affected seller, may facilitate oligopolistic pricing and deter entry by more efficient competitors. "Most favored nations clauses" are often used as a replacement for innovation or efficiency by large competitors a…

(1) Exclusive dealing clauses in health care provider and facility contracts with certified health plans may enhance the quality of health services, achieve economic efficiencies, or improve the cost-effective use of health services and equipment. Exclusive dealing clauses may al…

The purpose of WAC 245-02-110 through 245-02-175 is to implement RCW 43.72.310 by setting forth the form and procedure for: (1) Requests for informal opinions from the attorney general as to whether particular conduct is authorized by the act, and (2) written petitions to the com…

A petition, request for informal opinion, or request for adjudicatory proceeding shall adhere generally to the following form:(1) At the top of the page shall appear the wording "before the Washington Health Services Commission." On the left side of the page, below the foregoing,…

The following information shall accompany any written petition or request for informal opinion submitted to the commission:(1) Identification of parties. Identify all parties to the proposal, and their parent entities, and for each one state:(a) The name(s) under which it is doin…

Written petitions and requests for informal opinions must include, in narrative form, a description of the nature of the continued supervision and oversight the parties' believe would be necessary and appropriate to ensure the proposal continues to be consistent with the petition…

An applicant shall submit additional relevant information it believes is sufficient to support its petition or request for an informal opinion. The commission or attorney general may require the submission of additional information as may be required to complete the analysis nece…

(1) The applicant requesting an informal opinion or submitting a written petition shall direct the request or written petition to the Chair of the Commission at the Washington Health Services Commission, P.O. Box 41185, Olympia, Washington 98504-1185. Upon receipt of an informal …

(1) The commission may solicit comments from the public on the petition, request for informal opinion or request for adjudicatory proceeding by causing notice to be published in the state register of the subject matter of a petition, request for informal opinion or request for ad…

(1) Within five days of receipt of an attorney general's informal opinion requested by the commission under RCW 43.72.310(1), the commission shall mail a copy of the informal opinion to the requesting applicant. The applicant shall provide a copy of the informal opinion to the em…

As required by RCW 43.72.310(1), the attorney general will respond to a request for an informal opinion, or for advice regarding a written petition. The attorney general shall have discretion over the scope of the informal opinion or advice provided.(1) An informal opinion render…

An applicant may request an adjudicative proceeding in the following circumstances:(1) Where the applicant has received an informal opinion pursuant to RCW 43.72.310 and within thirty days of the applicant's receipt of the opinion, the applicant requests an adjudicatory proceedin…

If the commission decides not to conduct an adjudicative proceeding in response to an application, the commission shall furnish the applicant a copy of its decision in writing, with a brief statement of the commission's reasons and of any administrative review available to the ap…

An application for an adjudicative proceeding shall be accompanied by all of the information required for requests for informal opinions and written petitions, as described in WAC 245-02-115 to 245-02-125. The applicant may incorporate by reference any materials previously provid…

(1) Within thirty days of receipt of an application for adjudicative proceeding or petition, the commission shall notify the applicant of any obvious errors or omissions, request any additional information it requires and is permitted by law to require regarding the application f…

The determination of the presiding officer for an adjudicative proceeding before the commission shall be governed by RCW 34.05.425.[Statutory Authority: RCW 43.72.310. WSR 99-04-049, recodified as § 246-25-165, filed 1/28/99, effective 1/28/99; WSR 95-04-112, § 245-02-165, filed …

A grant or denial of authority to engage in proposed conduct shall be deemed a final order of the commission. Where authorization is granted, the commission shall retain jurisdiction over the applicant for purposes of continuing oversight and supervision as required by RCW 43.72.…

A petition for reconsideration of a final order under RCW 34.05.470 shall be filed with the commission.[Statutory Authority: RCW 43.72.310. WSR 99-04-049, recodified as § 246-25-175, filed 1/28/99, effective 1/28/99; WSR 95-04-112, § 245-02-175, filed 2/1/95, effective 3/4/95.]

If at anytime during its ongoing supervision of authorized conduct pursuant to RCW 43.72.310(6), the commission determines that reason exists to revoke or modify its authorization, the commission shall immediately notify the applicant in writing. An applicant may request an adjud…

(1) The regulations in this chapter establish procedures, criteria, and terms and conditions upon which the department issues licenses for land disposal of low-level radioactive wastes received from other persons. (Applicability of the requirements in this chapter to department l…

As used in this chapter, the following definitions apply:(1) "Active maintenance" means any significant activity needed during the period of institutional control to maintain a reasonable assurance that the performance objectives of WAC 246-250-170 and 246-250-180 are met. Such a…

(1) No person may receive, possess, or dispose of waste received from other persons at a land disposal facility unless authorized by a license issued by the department pursuant to this chapter, and chapter 246-235 WAC.(2) Each person shall file an application with the department …