Exemptions.
(1) The following types of facilities or sources of radiation are exempt from the requirements of this chapter because they release no airborne radioactivity, or they prima facie comply with the standards in WAC
246-247-040, or they are already adequately regulated under other requirements:
(a) Users of only sealed sources;
(b) Sealed sources;
(c) Accelerators less than 200 MeV;
(d) Nuclear-powered vessels underway or moored dockside unless under a maintenance condition with a potential-to-emit;
(e) Uranium mill tailings piles disposed of under 40 C.F.R. Part 192 (effective July 1, 2021).
(2) Exemption determinations.
(a) Any exemptions shall be consistent with 40 C.F.R. 61. No exemptions from the standards in WAC
246-247-040 will be granted.
(b) A nonfederal facility may request exemption from some of the requirements of WAC
246-247-060 and
246-247-075 if the potential-to-emit, for the emission unit(s) under consideration, results in compliance at level I of the COMPLY computer code or level I of the NCRP's Commentary No. 3, or equivalent as approved by the department.
(c) A federal facility may request exemption from some of the requirements of WAC
246-247-060 and
246-247-075 if the potential-to-emit, for the emission unit(s) under consideration, results in a TEDE to the MEI from all pathways less than 0.1 mrem/yr.
(d) The facility shall submit all the data necessary to make the exemption determinations of (b) and (c) of this subsection. The department shall determine if any exemptions apply.
(e) Commercial nuclear power plants may request exemption from some of the requirements of this chapter in order to minimize dual regulation with the NRC.
(3) The department may require a facility with exempt emission units to submit a radioactive air emissions report to confirm compliance with applicable standards. The department reserves the right to conduct inspections and audits of the facility to confirm the status of its exempt emission units.
(4) Naturally occurring airborne radionuclides are exempt from the requirements of this chapter unless the concentrations or rates of emissions have been enhanced by industrial processes.
[Statutory Authority: RCW
70A.388.040,
70A.388.050(5) and 2020 c 20. WSR 21-22-118, § 246-247-020, filed 11/3/21, effective 12/4/21. Statutory Authority: RCW
70.98.050 and
70.98.080. WSR 18-01-083, § 246-247-020, filed 12/15/17, effective 1/15/18. Statutory Authority: Chapters
70.98 and
70.94 RCW and chapter 173-480 WAC. WSR 94-07-010, § 246-247-020, filed 3/4/94, effective 4/4/94. Statutory Authority: RCW
43.70.040. WSR 91-02-049 (Order 121), recodified as § 246-247-020, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW
70.98.080. WSR 87-01-031 (Order 2450), § 402-80-030, filed 12/11/86.]
