ML23167A465
| ML23167A465 | |
| Person / Time | |
|---|---|
| Issue date: | 06/14/2023 |
| From: | NRC/NMSS/DMSST/ASPB |
| To: | Fordham E State of WA, Dept of Health |
| References | |
| Download: ML23167A465 (1) | |
Text
Chapter 246-237 WAC
RADIATION PROTECTION PHYSICAL PROTECTION OF CATEGORY 1 AND
CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIAL
Last Update: 5/16/22
WAC 246-237-001 Purpose and scope.
246-237-010 Definitions, abbreviations, and acronyms.
246-237-011 Specific exemptions.
246-237-021 Personnel access authorization requirements for
Category 1 or Category 2 quantities of radioactive
material.
246-237-023 Access authorization program requirements.
246-237-025 Background investigations.
246-237-027 Requirements for criminal history records checks of
individuals granted unescorted access to Category 1
or Category 2 quantities of radioactive material.
246-237-029 Relief from fingerprinting, identification, and
criminal history records checks and other elements
WAC (2/17/2023 10:59 AM) [ 1 ] NOT FOR FILING of background investigations for designated
categories of individuals permitted unescorted
access to certain radioactive materials.
246-237-031 Protection of information.
246-237-033 Access authorization program review.
246-237-041 Security program.
246-237-043 General security program requirements.
246-237-045 LLEA coordination.
246-237-047 Security zones.
246-237-049 Monitoring, detection, and assessment.
246-237-051 Maintenance and testing.
246-237-053 Requirements for mobile devices.
246-237-055 Security program review.
246-237-057 Reporting of events.
246-237-071 Additional requirements for transfer of Category 1
and Category 2 quantities of radioactive material.
WAC (2/17/2023 10:59 AM) [ 2 ] NOT FOR FILING 246-237-073 Applicability of physical protection of Category 1
and Category 2 quantities of radioactive material
during transit.
246-237-075 Preplanning and coordination of shipment of
Category 1 or Category 2 quantities of radioactive
material.
246-237-077 Advance notification of shipment of Category 1
quantities of radioactive material.
246-237-079 Requirements for physical protection of Category 1
and Category 2 quantities of radioactive material
during shipment.
246-237-081 Reporting requirements.
246-237-101 Form of records.
246-237-103 Record retention.
246-237-105 Inspections.
246-237-900 Appendix A: Table 1Category 1 and Category 2
thresholds.
WAC (2/17/2023 10:59 AM) [ 3 ] NOT FOR FILING WAC 246-237-001 Purpose and scope. (1) This chapter has
been established to provide the requirements for the physical
protection program for any licensee that possesses an aggregated
Category 1 or Category 2 quantity of radioactive material listed
in WAC 246-237-900 Appendix A: Table 1Category 1 and Category
- 2. These requirements provide reasonable assurance of the
security of Category 1 or Category 2 quantities of radioactive
material by protecting these materials from theft or
diversion. Specific requirements for access to material, use of
material, transfer of material, and transport of material are
included. No provision of this chapter authorizes possession of
licensed material.
(2) WAC 246-237-021 through 246-237-057 apply to any person
who, under the rules in this chapter, possesses or uses at any
site an aggregated Category 1 or Category 2 quantity of
radioactive material.
(3) WAC 246-237-071 through 246-237-081 apply to any person
who, under the rules of this chapter:
WAC (2/17/2023 10:59 AM) [ 4 ] NOT FOR FILING (a) Transports or delivers to a carrier for transport in a
single shipment, a Category 1 or Category 2 quantity of
radioactive material; or
(b) Imports or exports a Category 1 or Category 2 quantity
of radioactive material. The provisions in this chapter apply
only to the domestic portion of the transport.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-001, filed 6/14/16, effective 7/15/16.]
WAC 246-237-010 Definitions, abbreviations, and acronyms.
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) "Access control" means a system for allowing only
approved individuals to have unescorted access to the security
zone and for ensuring that all other individuals are subject to
escorted access.
(2) "Act" means the Atomic Energy Act of 1954, including
any amendments thereto.
WAC (2/17/2023 10:59 AM) [ 5 ] NOT FOR FILING (3) "Aggregated" means accessible by the breach of a single
physical barrier that would allow access to radioactive material
in any form, including any devices that contain the radioactive
material, when the total activity equals or exceeds a Category 2
quantity of radioactive material.
(4) "Agreement state" means any state with which the Atomic
Energy Commission or the NRC has entered into an effective
agreement under subsection 274b of the act. Nonagreement state
means any other state.
(5) "Approved individual" means an individual whom the
licensee has determined to be trustworthy and reliable for
unescorted access in accordance with WAC 246-237-021 through
246-237-033 and who has completed the training required by WAC
246-237-043(3).
(6) "Background investigation" means the investigation
conducted by a licensee or applicant to support the
determination of trustworthiness and reliability.
(7) "Becquerel (Bq)" means the SI unit of activity. One
becquerel is equal to 1 disintegration or transformation per
second (s-1).
WAC (2/17/2023 10:59 AM) [ 6 ] NOT FOR FILING (8) "By-product material" means:
(a) Any radioactive material (except special nuclear
material) yielded in, or made radioactive by, exposure to the
radiation incident to the process of producing or using special
nuclear material;
(b) The tailings or wastes produced by the extraction or
concentration of uranium or thorium from ore processed primarily
for its source material content, including discrete surface
wastes resulting from uranium solution extraction processes.
Underground ore bodies depleted by these solution extraction
operations do not constitute "by-product material" within this
definition;
(c)(i) Any discrete source of radium-226 that is produced,
extracted, or converted after extraction, before, on, or after
August 8, 2005, for use for a commercial, medical, or research
activity; or
(ii) Any material that:
(A) Has been made radioactive by use of a particle
accelerator; and
WAC (2/17/2023 10:59 AM) [ 7 ] NOT FOR FILING (B) Is produced, extracted, or converted after extraction,
before, on, or after August 8, 2005, for use for a commercial,
medical, or research activity; and
(d) Any discrete source of naturally occurring radioactive
material, other than source material, that:
(i) The NRC, in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the
Secretary of Homeland Security, and the head of any other
appropriate federal agency, determines would pose a threat
similar to the threat posed by a discrete source of radium-226
to the public health and safety or the common defense and
security; and
(ii) Before, on, or after August 8, 2005, is extracted or
converted after extraction for use in a commercial, medical, or
research activity.
(9) "Carrier" means a person engaged in the transportation
of passengers or property by land or water as a common,
contract, or private carrier, or by civil aircraft.
(10) "Category 1 quantity of radioactive material" means a
quantity of radioactive material meeting or exceeding the
WAC (2/17/2023 10:59 AM) [ 8 ] NOT FOR FILING Category 1 threshold in Table 1 of WAC 246-237-900 Appendix A:
Table 1Category 1 and Category 2. This is determined by
calculating the ratio of the total activity of each radionuclide
to the Category 1 threshold for that radionuclide and adding the
ratios together. If the sum equals or exceeds 1, the quantity
would be considered a Category 1 quantity. Category 1 quantities
of radioactive material do not include the radioactive material
contained in any fuel assembly, subassembly, fuel rod, or fuel
pellet.
(11) "Category 2 quantity of radioactive material" means a
quantity of radioactive material meeting or exceeding the
Category 2 threshold but less than the Category 1 threshold in
Table 1 of WAC 246-237-900 Appendix A: Table 1Category 1 and
Category 2. This is determined by calculating the ratio of the
total activity of each radionuclide to the Category 2 threshold
for that radionuclide and adding the ratios together. If the sum
equals or exceeds one, the quantity would be considered a
Category 2 quantity. Category 2 quantities of radioactive
material do not include the radioactive material contained in
any fuel assembly, subassembly, fuel rod, or fuel pellet.
WAC (2/17/2023 10:59 AM) [ 9 ] NOT FOR FILING (12) "Curie" means a unit of quantity of radioactivity. One
curie (Ci) is that quantity of radioactive material which decays
at the rate of 3.7 x 1010 transformations per second (tps).
(13) "Diversion" means the unauthorized movement of
radioactive material subject to this chapter to a location
different from the material's authorized destination inside or
outside of the site at which the material is used or stored.
(14) "Escorted access" means accompaniment while in a
security zone by an approved individual who maintains continuous
direct visual surveillance at all times over an individual who
is not approved for unescorted access.
(15) "FBI" means the federal bureau of investigation.
(16) "Fingerprint orders" means the orders issued by the
NRC or the legally binding requirements issued by agreement
states that require fingerprints and criminal history records
checks for individuals with unescorted access to Category 1 and
Category 2 quantities of radioactive material or safeguards
information-modified handling.
(17) "Government agency" means any executive department,
commission, independent establishment, corporation, wholly or
WAC (2/17/2023 10:59 AM) [ 10 ] NOT FOR FILING partly owned by the United States of America which is an
instrumentality of the United States, or any board, bureau,
division, service, office, officer, authority, administration,
or other establishment in the executive branch of the
government.
(18) "License" means, except where otherwise specified, a
license for radioactive material issued pursuant to the
regulations in chapters 246-232, 246-233, 246-235, 246-240, 246-
243, or 246-244 WAC.
(19) "License issuing authority" means the licensing agency
(the department, NRC, or an agreement state) that issued the
license.
(20) "LLEA (local law enforcement agency)" means a public
or private organization that has been approved by a federal,
state, or local government to carry firearms and make arrests,
and is authorized and has the capability to provide an armed
response in the jurisdiction where the licensed Category 1 or
Category 2 quantity of radioactive material is used, stored, or
transported.
WAC (2/17/2023 10:59 AM) [ 11 ] NOT FOR FILING (21) "Lost or missing licensed material" means licensed
material whose location is unknown. It includes material that
has been shipped but has not reached its destination and whose
location cannot be readily traced in the transportation system.
(22) "Mobile device" means a piece of equipment containing
licensed radioactive material that is either mounted on wheels
or casters, or otherwise equipped for moving without a need for
disassembly or dismounting; or designed to be hand carried.
Mobile devices do not include stationary equipment installed in
a fixed location.
(23) "Movement control center" means an operations center
that is remote from transport activity and that maintains
position information on the movement of radioactive material,
receives reports of attempted attacks or thefts, provides a
means for reporting these and other problems to appropriate
agencies, and can request and coordinate appropriate aid.
(24) "No-later-than arrival time" means the date and time
that the shipping licensee and receiving licensee have
established as the time at which an investigation will be
initiated if the shipment has not arrived at the receiving
WAC (2/17/2023 10:59 AM) [ 12 ] NOT FOR FILING facility. The no-later-than arrival time may not be more than
six hours after the estimated arrival time for shipments of
Category 2 quantities of radioactive material.
(25) "NRC" or "commission" means the U.S. Nuclear
Regulatory Commission.
(26) "Person" means any individual, corporation,
partnership, firm, association, trust, estate, public or private
institution, group, government agency other than NRC or the
Department of Energy, any state or any political subdivision of,
or any political entity within, a state, any foreign government
or nation, or any political subdivision of any such government
or nation, or other entity, and any legal successor,
representative, agent or agency of the foregoing.
(27) "Reviewing official" means the individual who makes
the trustworthiness and reliability determination of an
individual to determine whether the individual may have, or
continue to have, unescorted access to the Category 1 or
Category 2 quantities of radioactive materials that are
possessed by the licensee.
WAC (2/17/2023 10:59 AM) [ 13 ] NOT FOR FILING (28) "Sabotage" means deliberate damage, with malevolent
intent, to a Category 1 or Category 2 quantity of radioactive
material, a device that contains a Category 1 or Category 2
quantity of radioactive material, or the components of the
security system.
(29) "Safe haven" means a readily recognizable and readily
accessible site at which security is present or from which, in
the event of an emergency, the transport crew can notify and
wait for the local law enforcement authorities.
(30) "Security zone" means any temporary or permanent area
determined and established by the licensee for the physical
protection of Category 1 or Category 2 quantities of radioactive
material.
(31) "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(32) "Telemetric position monitoring system" means a data
transfer system that captures information by instrumentation or
measuring devices about the location and status of a transport
WAC (2/17/2023 10:59 AM) [ 14 ] NOT FOR FILING vehicle or package between the departure and destination
locations.
(33) "Trustworthiness and reliability" are characteristics
of an individual considered dependable in judgment, character,
and performance, such that unescorted access to Category 1 or
Category 2 quantities of radioactive material by that individual
does not constitute an unreasonable risk to the public health
and safety or security. A determination of trustworthiness and
reliability for this purpose is based upon the results from a
background investigation.
(34) "Unescorted access" means solitary access to an
aggregated Category 1 or Category 2 quantity of radioactive
material or the devices that contain the material.
(35) "United States" means when used in a geographical
sense includes Puerto Rico and all territories and possessions
of the United States.
[Statutory Authority: RCW 70A.388.040 and 70A.388.110. WSR 22-
11-063, § 246-237-010, filed 5/16/22, effective 6/16/22.
Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16-13-079,
§ 246-237-010, filed 6/14/16, effective 7/15/16.]
WAC (2/17/2023 10:59 AM) [ 15 ] NOT FOR FILING WAC 246-237-011 Specific exemptions. (1) The department
may, upon application of any interested person or upon its own
initiative, grant such exemptions from the requirements of the
rules in this chapter as it determines are authorized by law and
will not endanger life or property or the common defense and
security, and are otherwise in the public interest.
(2) Any licensee's activities are exempt from the
requirements of WAC 246-237-021 through 246-237-057 to the
extent that its activities are included in a security plan
required by 10 C.F.R. Part 73.
(3) A licensee who possesses radioactive waste that
contains Category 1 or Category 2 quantities of radioactive
material is exempt from the requirements of WAC 246-237-021
through 246-237-081, except that any radioactive waste that
contains discrete sources, ion-exchange resins, or activated
material that weighs less than two thousand kg (four thousand
four hundred nine pounds) is not exempt from the requirements of
this chapter. The licensee shall implement the following
requirements to secure the radioactive waste:
WAC (2/17/2023 10:59 AM) [ 16 ] NOT FOR FILING (a) Use continuous physical barriers which allow access to
the radioactive waste only through established access control
points;
(b) Use a locked door or gate with monitored alarm at the
access control point;
(c) Assess and respond to each actual or attempted
unauthorized access to determine whether an actual or attempted
theft, sabotage, or diversion occurred; and
(d) Immediately notify the LLEA and request an armed
response from the LLEA upon determination that there was an
actual or attempted theft, sabotage, or diversion of the
radioactive waste that contains Category 1 or Category 2
quantities of radioactive material.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-011, filed 6/14/16, effective 7/15/16.]
WAC 246-237-021 Personnel access authorization
requirements for Category 1 or Category 2 quantities of
radioactive material. (1) General.
WAC (2/17/2023 10:59 AM) [ 17 ] NOT FOR FILING (a) Each licensee who possesses an aggregated quantity of
radioactive material at or above the Category 2 threshold shall
establish, implement, and maintain its access authorization
program in accordance with the requirements of this chapter.
(b) An applicant for a new license and each licensee who
would become newly subject to the requirements of this chapter,
upon application for modification of its license, shall
implement the requirements of this chapter, as appropriate,
before taking possession of an aggregated Category 1 or Category
2 quantity of radioactive material.
(c) Any licensee who has not previously implemented the
security orders or been subject to the provisions of this
chapter shall implement the provisions of this chapter before
aggregating radioactive material to a quantity that equals or
exceeds the Category 2 threshold.
(2) General performance objective. The licensee's access
authorization program must ensure that the individuals specified
in subsection (3)(a)(i) and (ii) of this section are trustworthy
and reliable.
(3) Applicability.
WAC (2/17/2023 10:59 AM) [ 18 ] NOT FOR FILING (a) Licensees shall subject the following individuals to an
access authorization program:
(i) Any individual whose assigned duties require unescorted
access to Category 1 or Category 2 quantities of radioactive
material or to any device that contains the radioactive
material; and
(ii) Reviewing officials.
(b) Licensees need not subject the categories of
individuals listed in WAC 246-237-029(1) to the investigation
elements of the access authorization program.
(c) Licensees shall approve for unescorted access to
Category 1 or Category 2 quantities of radioactive material only
those individuals with job duties which require unescorted
access to Category 1 or Category 2 quantities of radioactive
material.
(d) Licensees may include individuals needing access to
safeguards information-modified handling under 10 C.F.R. Part 73
in the access authorization program under WAC 246-237-021
through 246-237-033.
WAC (2/17/2023 10:59 AM) [ 19 ] NOT FOR FILING
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-021, filed 6/14/16, effective 7/15/16.]
WAC 246-237-023 Access authorization program requirements.
(1) Granting unescorted access authorization.
(a) Licensees shall implement the requirements of this
chapter for granting initial or reinstated unescorted access
authorization.
(b) Individuals who have been determined to be trustworthy
and reliable shall also complete the security training required
by WAC 246-237-043(3) before being allowed unescorted access to
Category 1 or Category 2 quantities of radioactive material.
(2) Reviewing officials. Reviewing officials are the only
individuals who may make trustworthiness and reliability
determinations that allow individuals to have unescorted access
to Category 1 or Category 2 quantities of radioactive materials
possessed by the licensee.
(a) Each licensee shall name one or more individuals to be
reviewing officials. After completing the background
investigation on the reviewing official, the licensee shall
WAC (2/17/2023 10:59 AM) [ 20 ] NOT FOR FILING provide, under oath or affirmation, a certification that the
reviewing official is deemed trustworthy and reliable by the
licensee. Provide oath or affirmation certificates to the
department. The fingerprints of the named reviewing official
must be taken by a law enforcement agency, federal or state
agencies that provide fingerprinting services to the public, or
commercial fingerprinting services authorized by a state to take
fingerprints. The licensee shall recertify that the reviewing
official is deemed trustworthy and reliable every 10 years in
accordance with WAC 246-237-025(3).
(b) Reviewing officials must be permitted to have
unescorted access to Category 1 or Category 2 quantities of
radioactive materials or access to safeguards information or
safeguards information-modified handling, if the licensee
possesses safeguards information or safeguards information-
modified handling.
(c) Reviewing officials cannot approve other individuals to
act as reviewing officials.
WAC (2/17/2023 10:59 AM) [ 21 ] NOT FOR FILING (d) A reviewing official does not need to undergo a new
background investigation before being named by the licensee as
the reviewing official if:
(i) The individual has undergone a background investigation
that included fingerprinting and an FBI criminal history records
check and has been determined to be trustworthy and reliable by
the licensee; or
(ii) The individual is subject to a category listed in WAC
246-237-029(1).
(3) Informed consent.
(a) Licensees may not initiate a background investigation
without the informed and signed consent of the subject
individual. This consent must include authorization to share
personal information with other individuals or organizations as
necessary to complete the background investigation. Before a
final adverse determination, the licensee shall provide the
individual with an opportunity to correct any inaccurate or
incomplete information that is developed during the background
investigation. Licensees do not need to obtain signed consent
from those individuals who meet the requirements of WAC 246-237-
WAC (2/17/2023 10:59 AM) [ 22 ] NOT FOR FILING 025(2). A signed consent must be obtained prior to any
reinvestigation.
(b) The subject individual may withdraw their consent at
any time. Licensees shall inform the individual that:
(i) If an individual withdraws their consent, the licensee
may not initiate any elements of the background investigation
that were not in progress at the time the individual withdrew
their consent; and
(ii) The withdrawal of consent for the background
investigation is sufficient cause for denial or termination of
unescorted access authorization.
(4) Personal history disclosure. Any individual who is
applying for unescorted access authorization shall disclose the
personal history information that is required by the licensee's
access authorization program for the reviewing official to make
a determination of the individual's trustworthiness and
reliability. Refusal to provide, or the falsification of, any
personal history information required by this chapter is
sufficient cause for denial or termination of unescorted access.
(5) Determination basis.
WAC (2/17/2023 10:59 AM) [ 23 ] NOT FOR FILING (a) The reviewing official shall determine whether to
permit, deny, unfavorably terminate, maintain, or
administratively withdraw an individual's unescorted access
authorization based on an evaluation of all of the information
collected to meet the requirements of this chapter.
(b) The reviewing official may not permit any individual to
have unescorted access until the reviewing official has
evaluated all of the information collected to meet the
requirements of this chapter and determined that the individual
is trustworthy and reliable. The reviewing official may deny
unescorted access to any individual based on information
obtained at any time during the background investigation.
(c) The licensee shall document the basis for concluding
whether or not there is reasonable assurance that an individual
is trustworthy and reliable.
(d) The reviewing official may terminate or
administratively withdraw an individual's unescorted access
authorization based on information obtained after the background
investigation has been completed and the individual granted
unescorted access authorization.
WAC (2/17/2023 10:59 AM) [ 24 ] NOT FOR FILING (e) Licensees shall maintain a list of persons currently
approved for unescorted access authorization. When a licensee
determines that a person no longer requires unescorted access or
meets the access authorization requirement, the licensee shall
remove the person from the approved list as soon as possible,
but no later than seven working days, and take prompt measures
to ensure that the individual is unable to have unescorted
access to the material.
(6) Procedures. Licensees shall develop, implement, and
maintain written procedures for implementing the access
authorization program. The procedures must include provisions
for the notification of individuals who are denied unescorted
access. The procedures must include provisions for the review,
at the request of the affected individual, of a denial or
termination of unescorted access authorization. The procedures
must contain a provision to ensure that the individual is
informed of the grounds for the denial or termination of
unescorted access authorization and allow the individual an
opportunity to provide additional relevant information.
(7) Right to correct and complete information.
WAC (2/17/2023 10:59 AM) [ 25 ] NOT FOR FILING (a) Prior to any final adverse determination, licensees
shall provide each individual subject to this chapter with the
right to complete, correct, and explain information obtained as
a result of the licensee's background investigation.
Confirmation of receipt by the individual of this notification
must be maintained by the licensee for a period of one year from
the date of the notification.
(b) If, after reviewing their criminal history record, an
individual believes that it is incorrect or incomplete in any
respect and wishes to change, correct, update, or explain
anything in the record, the individual may initiate challenge
procedures. These procedures include direct application by the
individual challenging the record to the law enforcement agency
that contributed the questioned information or a direct
challenge as to the accuracy or completeness of any entry on the
criminal history record to the FBI, Criminal Justice Information
Services Division, ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road,
Clarksburg, WV 26306 as set forth in 28 C.F.R. 16.30 through
16.34. In the latter case, the FBI will forward the challenge to
the agency that submitted the data, and will request that the
WAC (2/17/2023 10:59 AM) [ 26 ] NOT FOR FILING agency verify or correct the challenged entry. Upon receipt of
an official communication directly from the agency that
contributed the original information, the FBI Identification
Division makes any changes necessary in accordance with the
information supplied by that agency. Licensees must provide at
least 10 days for an individual to initiate action to challenge
the results of an FBI criminal history records check after the
record being made available for their review. The licensee may
make a final adverse determination based upon the criminal
history records only after receipt of the FBI's confirmation or
correction of the record.
(8) Records.
(a) The licensee shall retain documentation regarding the
trustworthiness and reliability of individual employees for
three years from the date the individual no longer requires
unescorted access to Category 1 or Category 2 quantities of
radioactive material.
(b) The licensee shall retain a copy of the current access
authorization program procedures as a record for three years
after the procedure is no longer needed. If any portion of the
WAC (2/17/2023 10:59 AM) [ 27 ] NOT FOR FILING procedure is superseded, the licensee shall retain the
superseded material for three years after the record is
superseded.
(c) The licensee shall retain the list of persons approved
for unescorted access authorization for three years after the
list is superseded or replaced.
[Statutory Authority: RCW 70A.388.040 and 70A.388.110. WSR 22-11-063, § 246-237-023, filed 5/16/22, effective 6/16/22.
Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 17-01-034,
§ 246-237-023, filed 12/12/16, effective 1/12/17; WSR 16-13-079,
§ 246-237-023, filed 6/14/16, effective 7/15/16.]
WAC 246-237-025 Background investigations. (1) Initial
investigation. Before allowing an individual unescorted access
to Category 1 or Category 2 quantities of radioactive material
or to the devices that contain the material, licensees shall
complete a background investigation of the individual seeking
unescorted access authorization. The scope of the investigation
must encompass at least the seven years preceding the date of
the background investigation or since the individual's
WAC (2/17/2023 10:59 AM) [ 28 ] NOT FOR FILING eighteenth birthday, whichever is shorter. The background
investigation must include at a minimum:
(a) Fingerprinting and an FBI identification and criminal
history records check in accordance with WAC 246-237-027;
(b) Verification of true identity. Licensees shall verify
the true identity of the individual who is applying for
unescorted access authorization to ensure that the applicant is
who they claim to be. A licensee shall review official
identification documents (driver's license; passport; government
identification; certificate of birth issued by the state,
province, or country of birth) and compare the documents to
personal information data provided by the individual to identify
any discrepancy in the information. Licensees shall document the
type, expiration, and identification number of the
identification document, or maintain a photocopy of identifying
documents on file in accordance with WAC 246-237-031. Licensees
shall certify in writing that the identification was properly
reviewed, and shall maintain the certification and all related
documents for review upon inspection;
WAC (2/17/2023 10:59 AM) [ 29 ] NOT FOR FILING (c) Employment history verification. Licensees shall
complete an employment history verification, including military
history. Licensees shall verify the individual's employment with
each previous employer for the most recent seven years before
the date of application;
(d) Verification of education. Licensees shall verify that
the individual participated in the education process during the
claimed period;
(e) Character and reputation determination. Licensees shall
complete reference checks to determine the character and
reputation of the individual who has applied for unescorted
access authorization. Unless other references are not available,
reference checks may not be conducted with any person who is
known to be a close member of the individual's family including,
but not limited to, the individual's spouse, parents, siblings,
or children, or any individual who resides in the individual's
permanent household. Reference checks under this chapter must be
limited to whether the individual has been and continues to be
trustworthy and reliable;
WAC (2/17/2023 10:59 AM) [ 30 ] NOT FOR FILING (f) The licensee shall also, to the extent possible, obtain
independent information to corroborate that provided by the
individual (for example, seek references not supplied by the
individual); and
(g) If a previous employer, educational institution, or any
other entity with which the individual claims to have been
engaged fails to provide information or indicates an inability
or unwillingness to provide information within a time frame
deemed appropriate by the licensee but at least after ten
business days of the request or if the licensee is unable to
reach the entity, the licensee shall document the refusal,
unwillingness, or inability in the record of investigation; and
attempt to obtain the information from an alternate source.
(2) Grandfathering.
(a) Individuals who have been determined to be trustworthy
and reliable for unescorted access to Category 1 or Category 2
quantities of radioactive material under the fingerprint orders
may continue to have unescorted access to Category 1 and
Category 2 quantities of radioactive material without further
WAC (2/17/2023 10:59 AM) [ 31 ] NOT FOR FILING investigation. These individuals shall be subject to the
reinvestigation requirement.
(b) Individuals who have been determined to be trustworthy
and reliable under the provisions of 10 C.F.R. Part 73 or the
security orders for access to safeguards information, safeguards
information-modified handling, or risk-significant material may
have unescorted access to Category 1 and Category 2 quantities
of radioactive material without further investigation. The
licensee shall document that the individual was determined to be
trustworthy and reliable under the provisions of 10 C.F.R. Part
73 or a security order. Security order, in this context, refers
to any order that was issued by the NRC that required
fingerprints and an FBI criminal history records check for
access to safeguards information, safeguards information-
modified handling, or risk-significant material such as special
nuclear material or large quantities of uranium hexafluoride.
These individuals shall be subject to the reinvestigation
requirement.
(3) Reinvestigations. Licensees shall conduct a
reinvestigation every ten years for any individual with
WAC (2/17/2023 10:59 AM) [ 32 ] NOT FOR FILING unescorted access to Category 1 or Category 2 quantities of
radioactive material. The reinvestigation shall consist of
fingerprinting and an FBI identification and criminal history
records check in accordance with WAC 246-237-027. The
reinvestigations must be completed within ten years of the date
on which these elements were last completed.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 17 034, § 246-237-025, filed 12/12/16, effective 1/12/17; WSR 16-13-079, § 246-237-025, filed 6/14/16, effective 7/15/16.]
WAC 246-237-027 Requirements for criminal history records
checks of individuals granted unescorted access to Category 1 or
Category 2 quantities of radioactive material. (1) General
performance objective and requirements.
(a) Except for those individuals listed in WAC 246-237-029
and those individuals grandfathered under WAC 246-237-025(2),
each licensee subject to the provisions of this chapter shall
fingerprint each individual who is to be permitted unescorted
access to Category 1 or Category 2 quantities of radioactive
material. Licensees shall transmit all collected fingerprints to
the NRC for transmission to the FBI. The licensee shall use the
WAC (2/17/2023 10:59 AM) [ 33 ] NOT FOR FILING information received from the FBI as part of the required
background investigation to determine whether to grant or deny
further unescorted access to Category 1 or Category 2 quantities
of radioactive materials for that individual.
(b) The licensee shall notify each affected individual that
their fingerprints will be used to secure a review of their
criminal history record, and shall inform them of the procedures
for revising the record or adding explanations to the record.
(c) Fingerprinting is not required if a licensee is
reinstating an individual's unescorted access authorization to
Category 1 or Category 2 quantities of radioactive materials if:
(i) The individual returns to the same facility that
granted unescorted access authorization within 365 days of the
termination of their unescorted access authorization; and
(ii) The previous access authorization was terminated under
favorable conditions.
(d) Fingerprints do not need to be taken if an individual
who is an employee of a licensee, contractor, manufacturer, or
supplier has been granted unescorted access to Category 1 or
Category 2 quantities of radioactive material, access to
WAC (2/17/2023 10:59 AM) [ 34 ] NOT FOR FILING safeguards information, or safeguards information-modified
handling by another licensee, based upon a background
investigation conducted under this chapter, or the fingerprint
orders, or 10 C.F.R. 73. An existing criminal history records
check file may be transferred to the licensee asked to grant
unescorted access in accordance with the provisions of WAC 246-
237-031(3).
(e) Licensees shall use information obtained as part of a
criminal history records check solely for the purpose of
determining an individual's suitability for unescorted access
authorization to Category 1 or Category 2 quantities of
radioactive materials, access to safeguards information, or
safeguards information-modified handling.
(2) Prohibitions.
(a) Licensees may not base a final determination to deny an
individual unescorted access authorization to Category 1 or
Category 2 quantities of radioactive material solely on the
basis of information received from the FBI involving:
(i) An arrest more than one year old for which there is no
information of the disposition of the case; or
WAC (2/17/2023 10:59 AM) [ 35 ] NOT FOR FILING (ii) An arrest which resulted in dismissal of the charge or
an acquittal.
(b) Licensees may not use information received from a
criminal history records check obtained under this chapter in a
manner which would infringe upon the rights of any individual
under the First Amendment to the Constitution of the United
States, nor shall licensees use the information in any way that
would discriminate among individuals on the basis of race,
religion, national origin, gender, or age.
(3) Procedures for processing of fingerprint checks.
(a) For the purpose of complying with this chapter,
licensees shall use an appropriate method to submit to the U.S.
Nuclear Regulatory Commission, Director, Division of Facilities
and Security, 11545 Rockville Pike, ATTN: Criminal History
Commented [SS1]: Is this the right Program/Mail Stop T-07D04M, Rockville, MD 20852, one completed, address now?
Commented [A(2R1]: yes legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ),
Commented [SS3R1]: after I commented this I saw it in the regulation. Thanks electronic fingerprint scan or, where practicable, other
fingerprint record for each individual requiring unescorted
access to Category 1 or Category 2 quantities of radioactive
material. Copies of these forms may be obtained by emailing
WAC (2/17/2023 10:59 AM) [ 36 ] NOT FOR FILING MAILSVS.Resource@nrc.gov. Guidance on submitting electronic
fingerprints can be found at
https://www.nrc.gov/security/chp.html.
(b) Fees for the processing of fingerprint checks are due
upon application. Licensees shall submit payment with the
application for the processing of fingerprints through corporate
check, certified check, cashier's check, money order, or
electronic payment, made payable to "U.S. NRC." (For guidance on
making electronic payments, contact the Division of Physical and
Cyber Security Policy by emailing Crimhist.resource@nrc.gov.)
Combined payment for multiple applications is acceptable. The
commission publishes the amount of the fingerprint check
application fee on the NRC's public website. (To find the
current fee amount, go to the Licensee Criminal History Records
Checks and Firearms Background Check information page at
https://www.nrc.gov/security/chp.html and see the link for How
do I determine how much to pay for the request?)
(c) The commission will forward to the submitting licensee
all data received from the FBI as a result of the licensee's
application for criminal history records checks.
WAC (2/17/2023 10:59 AM) [ 37 ] NOT FOR FILING
[Statutory Authority: RCW 70A.388.040 and 70A.388.110. WSR 22-11-063, § 246-237-027, filed 5/16/22, effective 6/16/22.
Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16-13-079,
§ 246-237-027, filed 6/14/16, effective 7/15/16.]
WAC 246-237-029 Relief from fingerprinting,
identification, and criminal history records checks and other
elements of background investigations for designated categories
of individuals permitted unescorted access to certain
radioactive materials. (1) Fingerprinting, and the
identification and criminal history records checks required by
WAC 246-237-025, 246-237-027 and Section 149 of the Atomic
Energy Act of 1954, as amended, and other elements of the
background investigation are not required for the following
individuals prior to granting unescorted access to Category 1 or
Category 2 quantities of radioactive materials:
(a) An employee of the NRC or of the Executive Branch of
the U.S. Government who has undergone fingerprinting for a prior
U.S. Government criminal history records check;
(b) A Member of Congress;
WAC (2/17/2023 10:59 AM) [ 38 ] NOT FOR FILING (c) An employee of a member of Congress or Congressional
committee who has undergone fingerprinting for a prior U.S.
Government criminal history records check;
(d) The governor of a state or their designated state
employee representative;
(e) Federal, state, or local law enforcement personnel;
(f) State Radiation Control Program Directors and State
Homeland Security Advisors or their designated state employee
representatives;
(g) Agreement state employees conducting security
inspections on behalf of the NRC under an agreement executed
under Section 274.i. of the Atomic Energy Act;
(h) Representatives of the International Atomic Energy
Agency engaged in activities associated with the
U.S./International Atomic Energy Agency Safeguards Agreement who
have been certified by the NRC;
(i) Emergency response personnel who are responding to an
emergency;
(j) Commercial vehicle drivers for road shipments of
Category 1 and Category 2 quantities of radioactive material;
WAC (2/17/2023 10:59 AM) [ 39 ] NOT FOR FILING (k) Package handlers at transportation facilities such as
freight terminals and railroad yards;
(l) Any individual who has an active federal security
clearance, provided that they make available the appropriate
documentation. Written confirmation from the agency/employer
which granted the federal security clearance or reviewed the
criminal history records check must be provided to the licensee.
The licensee shall retain this documentation for a period of
three years from the date the individual no longer requires
unescorted access to Category 1 or Category 2 quantities of
radioactive material; and
(m) Any individual employed by a service provider licensee
for which the service provider licensee has conducted the
background investigation for the individual and approved the
individual for unescorted access to Category 1 or Category 2
quantities of radioactive material. Written verification from
the service provider must be provided to the licensee. The
licensee shall retain the documentation for a period of three
years from the date the individual no longer requires unescorted
WAC (2/17/2023 10:59 AM) [ 40 ] NOT FOR FILING access to Category 1 or Category 2 quantities of radioactive
material.
(2) Fingerprinting, and the identification and criminal
history records checks required by WAC 246-237-025, 246-237-027
and Section 149 of the Atomic Energy Act of 1954, as amended,
are not required for an individual who has had a favorably
adjudicated U.S. Government criminal history records check
within the last five years, under a comparable U.S. Government
program involving fingerprinting and an FBI identification and
criminal history records check provided that they make available
the appropriate documentation. Written confirmation from the
agency or employer who reviewed the criminal history records
check must be provided to the licensee. The licensee shall
retain this documentation for a period of three years from the
date the individual no longer requires unescorted access to
Category 1 or Category 2 quantities of radioactive material.
These programs include, but are not limited to:
(a) National Agency Check;
(b) Transportation Worker Identification Credentials (TWIC)
under 49 C.F.R. Part 1572;
WAC (2/17/2023 10:59 AM) [ 41 ] NOT FOR FILING (c) Bureau of Alcohol, Tobacco, Firearms, and Explosives
background check and clearances under 27 C.F.R. Part 555;
(d) Health and Human Services security risk assessments for
possession and use of select agents and toxins under 42 C.F.R.
Part 73;
(e) Hazardous Material security threat assessment for
hazardous material endorsement to commercial driver's license
under 49 C.F.R. Part 1572; and
(f) U.S. Customs and Border Protection's Free and Secure
Trade (FAST) program.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-029, filed 6/14/16, effective 7/15/16.]
WAC 246-237-031 Protection of information. (1) Each
licensee who obtains background information on an individual
under this chapter shall establish and maintain a system of
files and written procedures for protection of the record and
the personal information from unauthorized disclosure.
(2) The licensee may not disclose the record or personal
information collected and maintained to persons other than the
WAC (2/17/2023 10:59 AM) [ 42 ] NOT FOR FILING subject individual, their representative, or to those who have a
need to have access to the information in performing assigned
duties in the process of granting or denying unescorted access
to Category 1 or Category 2 quantities of radioactive material,
safeguards information, or safeguards information-modified
handling. No individual authorized to have access to the
information may disseminate the information to any other
individual who does not have a need to know.
(3) The personal information obtained on an individual from
a background investigation may be provided to another licensee:
(a) Upon the individual's written request to the licensee
holding the data to disseminate the information contained in
their file; and
(b) The recipient licensee verifies information such as
name, date of birth, Social Security number, gender, and other
applicable physical characteristics.
(4) The licensee shall make background investigation
records obtained under this chapter available for examination by
an authorized representative of the department to determine
compliance with the applicable rules and laws.
WAC (2/17/2023 10:59 AM) [ 43 ] NOT FOR FILING (5) The licensee shall retain all fingerprint and criminal
history records (including data indicating no record) received
from the FBI, or a copy of these records if the individual's
file has been transferred, on an individual for three years from
the date the individual no longer requires unescorted access to
Category 1 or Category 2 quantities of radioactive material.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-031, filed 6/14/16, effective 7/15/16.]
WAC 246-237-033 Access authorization program review. (1)
Each licensee shall be responsible for the continuing
effectiveness of the access authorization program. Each licensee
shall ensure that access authorization programs are reviewed to
confirm compliance with the requirements of this chapter and
that comprehensive actions are taken to correct any
noncompliance that is identified. The review program shall
evaluate all program performance objectives and requirements.
Each licensee shall periodically, at least annually, review the
access program content and implementation.
WAC (2/17/2023 10:59 AM) [ 44 ] NOT FOR FILING (2) The results of the reviews, along with any
recommendations, must be documented. Each review report must
identify conditions that are adverse to the proper performance
of the access authorization program, the cause of the condition
or conditions, and, when appropriate, recommend corrective
actions, and corrective actions taken. The licensee shall review
the findings and take any additional corrective actions
necessary to preclude repetition of the condition, including
reassessment of the deficient areas where indicated.
(3) Review records must be maintained for three years.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-033, filed 6/14/16, effective 7/15/16.]
WAC 246-237-041 Security program. (1) Applicability.
(a) Each licensee who possesses an aggregated Category 1 or
Category 2 quantity of radioactive material shall establish,
implement, and maintain a security program in accordance with
the requirements of this chapter.
(b) An applicant for a new license, and each licensee who
would become newly subject to the requirements of this chapter,
WAC (2/17/2023 10:59 AM) [ 45 ] NOT FOR FILING upon application for modification of its license, shall
implement the requirements of this chapter, as appropriate,
before taking possession of an aggregated Category 1 or Category
2 quantity of radioactive material.
(c) Any licensee who has not previously implemented the
security orders or been subject to the provisions of WAC 246-
237-041 through 246-237-057 shall provide written notification
to the department at least ninety days before aggregating
radioactive material to a quantity that equals or exceeds the
Category 2 threshold.
(2) General performance objective. Each licensee shall
establish, implement, and maintain a security program designed
to monitor and, without delay, detect, assess, and respond to an
actual or attempted unauthorized access to Category 1 or
Category 2 quantities of radioactive material.
(3) Program features. Each licensee's security program must
include the program features, as appropriate, described in WAC
246-237-043 through 246-237-055.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-041, filed 6/14/16, effective 7/15/16.]
WAC (2/17/2023 10:59 AM) [ 46 ] NOT FOR FILING WAC 246-237-043 General security program requirements.
(1) Security plan.
(a) Each licensee identified in WAC 246-237-041(1) shall
develop a written security plan specific to its facilities and
operations. The purpose of the security plan is to establish the
licensee's overall security strategy to ensure the integrated
and effective functioning of the security program required by
this chapter. The security plan must, at a minimum:
(i) Describe the measures and strategies used to implement
the requirements of this chapter; and
(ii) Identify the security resources, equipment, and
technology used to satisfy the requirements of this chapter.
(b) The security plan must be reviewed and approved by the
individual with overall responsibility for the security program.
(c) A licensee shall revise its security plan as necessary
to ensure the effective implementation of department
requirements. The licensee shall ensure that:
(i) The revision has been reviewed and approved by the
individual with overall responsibility for the security program;
and
WAC (2/17/2023 10:59 AM) [ 47 ] NOT FOR FILING (ii) The affected individuals are instructed on the revised
plan before the changes are implemented.
(d) The licensee shall retain a copy of the current
security plan as a record for three years after the security
plan is no longer required. If any portion of the plan is
superseded, the licensee shall retain the superseded material
for three years after the record is superseded.
(2) Implementing procedures.
(a) The licensee shall develop and maintain written
procedures that document how the requirements of this chapter
and the security plan will be met.
(b) The implementing procedures and revisions to these
procedures must be approved in writing by the individual with
overall responsibility for the security program.
(c) The licensee shall retain a copy of the current
procedure as a record for three years after the procedure is no
longer needed. Superseded portions of the procedure must be
retained for three years after the record is superseded.
(3) Training.
WAC (2/17/2023 10:59 AM) [ 48 ] NOT FOR FILING (a) Each licensee shall conduct training to ensure those
individuals implementing the security program possess and
maintain the knowledge, skills, and abilities to carry out their
assigned duties and responsibilities effectively. The training
must include instruction in:
(i) The licensee's security program and procedures to
secure Category 1 or Category 2 quantities of radioactive
material, and in the purposes and functions of the security
measures employed;
(ii) The responsibility to report promptly to the licensee
any condition which causes or may cause a violation of
department requirements;
(iii) The responsibility of the licensee to report promptly
to the LLEA and licensee any actual or attempted theft,
sabotage, or diversion of Category 1 or Category 2 quantities of
radioactive material; and
(iv) The appropriate response to security alarms.
(b) In determining those individuals who shall be trained
on the security program, the licensee shall consider each
individual's assigned activities during authorized use and
WAC (2/17/2023 10:59 AM) [ 49 ] NOT FOR FILING response to potential situations involving actual or attempted
theft, diversion, or sabotage of Category 1 or Category 2
quantities of radioactive material. The extent of the training
must be commensurate with the individual's potential involvement
in the security of Category 1 or Category 2 quantities of
radioactive material.
(c) Refresher training must be provided at a frequency not
to exceed 12 months and when significant changes have been made
to the security program. This training must include:
(i) Review of the training requirements of this subsection
and any changes made to the security program since the last
training;
(ii) Reports on any relevant security issues, problems, and
lessons learned;
(iii) Relevant results of department inspections; and
(iv) Relevant results of the licensee's program review and
testing and maintenance.
(d) The licensee shall maintain records of the initial and
refresher training for three years from the date of the
training. The training records must include dates of the
WAC (2/17/2023 10:59 AM) [ 50 ] NOT FOR FILING training, topics covered, a list of licensee personnel in
attendance, and related information.
(4) Protection of information.
(a) Licensees authorized to possess Category 1 or Category
2 quantities of radioactive material shall limit access to, and
unauthorized disclosure of, their security plan, implementing
procedures, and the list of individuals who have been approved
for unescorted access.
(b) Efforts to limit access shall include the development,
implementation, and maintenance of written policies and
procedures for controlling access to, and for proper handling
and protection against unauthorized disclosure of, the security
plan and implementing procedures, and the list of individuals
that have been approved for unescorted access.
(c) Before granting an individual access to the security
plan or implementing procedures, or the list of individuals that
have been approved for unescorted access, licensees shall:
(i) Evaluate an individual's need to know the security plan
or implementing procedures, or the list of individuals that have
been approved for unescorted access; and
WAC (2/17/2023 10:59 AM) [ 51 ] NOT FOR FILING (ii) If the individual has not been authorized for
unescorted access to Category 1 or Category 2 quantities of
radioactive material, safeguards information, or safeguards
information-modified handling, the licensee must complete a
background investigation to determine the individual's
trustworthiness and reliability. A trustworthiness and
reliability determination shall be conducted by the reviewing
official and shall include the background investigation elements
contained in WAC 246-237-025 (1)(b) through (g).
(d) Licensees need not subject the following individuals to
the background investigation elements for protection of
information:
(i) The categories of individuals listed in WAC 246-237-029
(1)(a) through (m); or
(ii) Security service provider employees, provided written
verification that the employee has been determined to be
trustworthy and reliable, by the required background
investigation in WAC 246-237-025 (1)(b) through (g), has been
provided by the security service provider.
WAC (2/17/2023 10:59 AM) [ 52 ] NOT FOR FILING (e) The licensee shall document the basis for concluding
that an individual is trustworthy and reliable and should be
granted access to the security plan, implementing procedures, or
the list of individuals that have been approved for unescorted
access.
(f) Licensees shall maintain a list of persons currently
approved for access to the security plan, implementing
procedures, or the list of individuals that have been approved
for unescorted access. When a licensee determines that a person
no longer needs access to the security plan, implementing
procedures, or the list of individuals that have been approved
for unescorted access, or no longer meets the access
authorization requirements for access to the information, the
licensee shall remove the person from the approved list as soon
as possible, but no later than seven working days, and take
prompt measures to ensure that the individual is unable to
obtain the security plan, implementing procedures, or the list
of individuals that have been approved for unescorted access.
(g) When not in use, the licensee shall store its security
plan, implementing procedures, and the list of individuals that
WAC (2/17/2023 10:59 AM) [ 53 ] NOT FOR FILING have been approved for unescorted access in a manner to prevent
unauthorized access. Information stored in nonremovable
electronic form must be password protected.
(h) The licensee shall retain as a record for three years
after the document is no longer needed:
(i) A copy of the information protection procedures; and
(ii) The list of individuals approved for access to the
security plan, implementing procedures, or the list of
individuals that have been approved for unescorted access.
[Statutory Authority: RCW 70A.388.040 and 70A.388.110. WSR 22-11-063, § 246-237-043, filed 5/16/22, effective 6/16/22.
Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16-13-079,
§ 246-237-043, filed 6/14/16, effective 7/15/16.]
WAC 246-237-045 LLEA coordination. (1) A licensee subject
to this chapter shall coordinate, to the extent practicable,
with a LLEA for responding to threats to the licensee's
facility, including any necessary armed response. The
information provided to the LLEA must include:
(a) A description of the facilities and the Category 1 and
Category 2 quantities of radioactive materials along with a
WAC (2/17/2023 10:59 AM) [ 54 ] NOT FOR FILING description of the licensee's security measures which have been
implemented to comply with this chapter; and
(b) A notification that the licensee will request a timely
armed response by the LLEA to any actual or attempted theft,
sabotage, or diversion of Category 1 or Category 2 quantities of
material.
(2) The licensee shall notify the department within three
business days if:
(a) The LLEA has not responded to the request for
coordination within sixty days of the coordination request; or
(b) The LLEA notifies the licensee that the LLEA does not
plan to participate in coordination activities.
(3) The licensee shall document its efforts to coordinate
with the LLEA. The documentation must be kept for three years.
(4) The licensee shall coordinate with the LLEA at least
every twelve months, or when changes to the facility design or
operation adversely affect the potential vulnerability of the
licensee's material to theft, sabotage, or diversion.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-045, filed 6/14/16, effective 7/15/16.]
WAC (2/17/2023 10:59 AM) [ 55 ] NOT FOR FILING WAC 246-237-047 Security zones. (1) Licensees shall
ensure that all aggregated Category 1 and Category 2 quantities
of radioactive material are used or stored within licensee-
established security zones. Security zones may be permanent or
temporary.
(2) Temporary security zones must be established as
necessary to meet the licensee's transitory or intermittent
business activities, such as periods of maintenance, source
delivery, and source replacement.
(3) Security zones must, at a minimum, allow unescorted
access only to approved individuals through:
(a) Isolation of Category 1 and Category 2 quantities of
radioactive materials by the use of continuous physical barriers
that allow access to the security zone only through established
access control points. A physical barrier is a natural or man-
made structure or formation sufficient for the isolation of the
Category 1 or Category 2 quantities of radioactive material
within a security zone; or
WAC (2/17/2023 10:59 AM) [ 56 ] NOT FOR FILING (b) Direct control of the security zone by approved
individuals at all times; or
(c) A combination of continuous physical barriers and
direct control.
(4) For Category 1 quantities of radioactive material
during periods of maintenance, source receipt, preparation for
shipment, installation, or source removal or exchange, the
licensee shall, at a minimum, provide sufficient individuals
approved for unescorted access to maintain continuous
surveillance of sources in temporary security zones and in any
security zone in which physical barriers or intrusion detection
systems have been disabled to allow such activities.
(5) Individuals not approved for unescorted access to
Category 1 or Category 2 quantities of radioactive material must
be escorted by an approved individual when in a security zone.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-047, filed 6/14/16, effective 7/15/16.]
WAC 246-237-049 Monitoring, detection, and assessment.
(1) Monitoring and detection.
WAC (2/17/2023 10:59 AM) [ 57 ] NOT FOR FILING (a) Licensees shall establish and maintain the capability
to continuously monitor and detect without delay all
unauthorized entries into its security zones. Licensees shall
provide the means to maintain continuous monitoring and
detection capability in the event of a loss of the primary power
source, or provide for an alarm and response in the event of a
loss of this capability to continuously monitor and detect
unauthorized entries.
(b) Monitoring and detection must be performed by:
(i) A monitored intrusion detection system that is linked
to an on-site or off-site central monitoring facility;
(ii) Electronic devices for intrusion detection alarms that
will alert nearby facility personnel;
(iii) A monitored video surveillance system;
(iv) Direct visual surveillance by approved individuals
located within the security zone; or
(v) Direct visual surveillance by a licensee designated
individual located outside the security zone.
WAC (2/17/2023 10:59 AM) [ 58 ] NOT FOR FILING (c) A licensee subject to this chapter shall also have a
means to detect unauthorized removal of the radioactive material
from the security zone. This detection capability must provide:
(i) For Category 1 quantities of radioactive material,
immediate detection of any attempted unauthorized removal of the
radioactive material from the security zone. Such immediate
detection capability must be provided by:
(A) Electronic sensors linked to an alarm;
(B) Continuously monitored video surveillance; or
(C) Direct visual surveillance.
(ii) For Category 2 quantities of radioactive material,
weekly verification through physical checks, tamper indicating
devices, use, or other means to ensure that the radioactive
material is present.
(2) Assessment. Licensees shall immediately assess each
actual or attempted unauthorized entry into the security zone to
determine whether the unauthorized access was an actual or
attempted theft, sabotage, or diversion.
(3) Personnel communications and data transmission. For
personnel, and automated or electronic systems, supporting the
WAC (2/17/2023 10:59 AM) [ 59 ] NOT FOR FILING licensee's monitoring, detection, and assessment systems,
licensees shall:
(a) Maintain continuous capability for personnel
communication and electronic data transmission and processing
among site security systems; and
(b) Provide an alternative communication capability for
personnel, and an alternative data transmission and processing
capability, in the event of loss of the primary means of
communication or data transmission and processing. Alternative
communications and data transmission systems may not be subject
to the same failure modes as the primary systems.
(4) Response. Licensees shall immediately respond to any
actual or attempted unauthorized access to the security zones,
or actual or attempted theft, sabotage, or diversion of Category
1 or Category 2 quantities of radioactive material at licensee
facilities or temporary job sites. For any unauthorized access
involving an actual or attempted theft, sabotage, or diversion
of Category 1 or Category 2 quantities of radioactive material,
the licensee's response shall include requesting, without delay,
an armed response from the LLEA.
WAC (2/17/2023 10:59 AM) [ 60 ] NOT FOR FILING
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-049, filed 6/14/16, effective 7/15/16.]
WAC 246-237-051 Maintenance and testing. (1) Each
licensee subject to this chapter shall implement a maintenance
and testing program to ensure that intrusion alarms, associated
communication systems, and other physical components of the
systems used to secure or detect unauthorized access to
radioactive material are maintained in operable condition and
are capable of performing their intended function when needed.
The equipment relied on to meet the security requirements of
this part must be inspected and tested for operability and
performance at the manufacturer's suggested frequency. If there
is no suggested manufacturer's suggested frequency, the testing
must be performed at least annually, not to exceed twelve
months.
(2) The licensee shall maintain records of the maintenance
and testing activities for three years.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-051, filed 6/14/16, effective 7/15/16.]
WAC (2/17/2023 10:59 AM) [ 61 ] NOT FOR FILING WAC 246-237-053 Requirements for mobile devices. Each
licensee who possesses mobile devices containing Category 1 or
Category 2 quantities of radioactive material must:
(1) Have two independent physical controls that form
tangible barriers to secure the material from unauthorized
removal when the device is not under direct control and constant
surveillance by the licensee; and
(2) For devices in or on a vehicle or trailer, unless the
health and safety requirements for a site prohibit the disabling
of the vehicle, the licensee shall utilize a method to disable
the vehicle or trailer when not under direct control and
constant surveillance by the licensee. Licensees shall not rely
on the removal of the ignition key to meet this requirement.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-053, filed 6/14/16, effective 7/15/16.]
WAC 246-237-055 Security program review. (1) Each
licensee shall be responsible for the continuing effectiveness
of their security program. Each licensee shall ensure that the
security program is reviewed to confirm compliance with the
WAC (2/17/2023 10:59 AM) [ 62 ] NOT FOR FILING requirements of this chapter and that comprehensive actions are
taken to correct any noncompliance which is identified. The
review must include the radioactive material security program
content and implementation. Each licensee shall periodically, at
least annually, review the security program content and
implementation.
(2) The results of the review, along with any
recommendations, must be documented. Each review report must
identify conditions that are adverse to the proper performance
of the security program, the cause of the condition or
conditions, and, when appropriate, recommend corrective actions,
and corrective actions taken. The licensee shall review the
findings and take any additional corrective actions necessary to
preclude repetition of the condition or conditions, including
reassessment of the deficient areas where indicated.
(3) The licensee shall maintain the review documentation
for three years.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-055, filed 6/14/16, effective 7/15/16.]
WAC (2/17/2023 10:59 AM) [ 63 ] NOT FOR FILING WAC 246-237-057 Reporting of events. (1) The licensee
shall immediately notify the LLEA after determining that an
unauthorized entry resulted in an actual or attempted theft,
sabotage, or diversion of a Category 1 or Category 2 quantity of
radioactive material. As soon as possible after initiating a
response, but not at the expense of causing delay or interfering
with the LLEA response to the event, the licensee shall notify
the department. In no case shall the notification to the
department be later than four hours after the discovery of any
attempted or actual theft, sabotage, or diversion.
(2) The licensee shall assess any suspicious activity
related to possible theft, sabotage, or diversion of Category 1
or Category 2 quantities of radioactive material and notify the
LLEA as appropriate. As soon as possible but not later than four
hours after notifying the LLEA, the licensee shall notify the
department.
(3) The initial telephonic notification required by
subsection (1) of this section must be followed within a period
of thirty days by a written report submitted to the department.
The report must include sufficient information for department
WAC (2/17/2023 10:59 AM) [ 64 ] NOT FOR FILING analysis and evaluation, including identification of any
necessary corrective actions to prevent future instances.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-057, filed 6/14/16, effective 7/15/16.]
WAC 246-237-071 Additional requirements for transfer of
Category 1 and Category 2 quantities of radioactive material. A
licensee transferring a Category 1 or Category 2 quantity of
radioactive material to a licensee of the department, the NRC,
or an agreement state shall meet the license verification
provisions listed in this section instead of those listed in WAC
246-232-080(4):
(1) Any licensee transferring Category 1 quantities of
radioactive material to a licensee of the department, the NRC,
or an agreement state, prior to conducting such transfer, shall
verify with the department, the NRC's license verification
system, or the license issuing authority that the transferee's
license authorizes receipt of the type, form, and quantity of
radioactive material to be transferred and that the licensee is
authorized to receive radioactive material at the location
WAC (2/17/2023 10:59 AM) [ 65 ] NOT FOR FILING requested for delivery. If the verification is conducted by
contacting the license issuing authority, the transferor shall
document the verification. For transfers within the same
organization, the licensee does not need to verify the transfer.
(2) Any licensee transferring Category 2 quantities of
radioactive material to a licensee of the department, the NRC,
or an agreement state, prior to conducting such transfer, shall
verify with the department, the NRC's license verification
system, or the license issuing authority that the transferee's
license authorizes receipt of the type, form, and quantity of
radioactive material to be transferred. If the verification is
conducted by contacting the license issuing authority, the
transferor shall document the verification. For transfers within
the same organization, the licensee does not need to verify the
transfer.
(3) In an emergency where the licensee cannot reach the
department or the license issuing authority, and the NRC license
verification system is nonfunctional, the licensee may accept a
written certification by the transferee that it is authorized by
license to receive the type, form, and quantity of radioactive
WAC (2/17/2023 10:59 AM) [ 66 ] NOT FOR FILING material to be transferred. The certification must include the
license number, current revision or amendment number, issuing
agency, expiration date and, for a Category 1 shipment, the
authorized address. The licensee shall keep a copy of the
certification. The certification must be confirmed by use of
NRC's license verification system or by contacting the
department or the license issuing authority by the end of the
next business day.
(4) The transferor shall keep a copy of the verification
documentation as a record for three years.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-071, filed 6/14/16, effective 7/15/16.]
WAC 246-237-073 Applicability of physical protection of
Category 1 and Category 2 quantities of radioactive material
during transit. (1) For shipments of Category 1 quantities of
radioactive material, each shipping licensee shall comply with
the requirements for physical protection contained in WAC 246-
237-075 (1) and (5); 246-237-077; 246-237-079 (1)(a), (2)(a),
and (3); and 246-237-081 (1), (3), (5), (7), and (8).
WAC (2/17/2023 10:59 AM) [ 67 ] NOT FOR FILING (2) For shipments of Category 2 quantities of radioactive
material, each shipping licensee shall comply with the
requirements for physical protection contained in WAC 246-237-
075 (2) through (5); 246-237-079 (1)(b), (c), (2)(b), and (3);
and 246-237-081 (2), (4), (6), (7), and (8). For those shipments
of Category 2 quantities of radioactive material which meet the
criteria of WAC 246-231-140(2), the shipping licensee shall also
comply with the advance notification provisions of WAC 246-231-
140.
(3) The shipping licensee shall be responsible for meeting
the requirements of this chapter unless the receiving licensee
has agreed in writing to arrange for the in-transit physical
protection required under this chapter.
(4) Each licensee that imports or exports Category 1
quantities of radioactive material shall comply with the
requirements for physical protection during transit contained in
WAC 246-237-075 (1)(b) and (5); 246-237-077; 246-237-079 (1)(a),
(2)(a), and (3); and 246-237-081 (1), (3), (5), (7), and (8) for
the domestic portion of the shipment.
WAC (2/17/2023 10:59 AM) [ 68 ] NOT FOR FILING (5) Each licensee that imports or exports Category 2
quantities of radioactive material shall comply with the
requirements for physical protection during transit contained in
WAC 246-237-079 (1)(b), (c), and (2)(b); and 246-237-081 (2),
(4), (6), (7), and (8) for the domestic portion of the shipment.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-073, filed 6/14/16, effective 7/15/16.]
WAC 246-237-075 Preplanning and coordination of shipment
of Category 1 or Category 2 quantities of radioactive material.
(1) Each licensee who plans to transport, or deliver to a
carrier for transport, licensed material that is a Category 1
quantity of radioactive material outside the confines of the
licensee's facility or other place of use or storage shall:
(a) Preplan and coordinate shipment arrival and departure
times with the receiving licensee;
(b) Preplan and coordinate shipment information with the
governor or the governor's designee of any state through which
the shipment will pass to:
WAC (2/17/2023 10:59 AM) [ 69 ] NOT FOR FILING (i) Discuss the state's intention to provide law
enforcement escorts; and
(ii) Identify safe havens; and
(c) Document the preplanning and coordination activities.
(2) Each licensee who plans to transport, or deliver to a
carrier for transport, licensed material which is a Category 2
quantity of radioactive material outside the confines of the
licensee's facility or other place of use or storage shall
coordinate the shipment no-later-than arrival time and the
expected shipment arrival with the receiving licensee. The
licensee shall document the coordination activities.
(3) Each licensee who receives a shipment of a Category 2
quantity of radioactive material shall confirm receipt of the
shipment with the originator. If the shipment has not arrived by
the no-later-than arrival time, the receiving licensee shall
notify the originator.
(4) Each licensee, who transports or plans to transport a
shipment of a Category 2 quantity of radioactive material, and
determines that the shipment will arrive after the no-later-than
arrival time provided pursuant to subsection (2) of this
WAC (2/17/2023 10:59 AM) [ 70 ] NOT FOR FILING section, shall promptly notify the receiving licensee of the new
no-later-than arrival time.
(5) The licensee shall retain a copy of the documentation
for preplanning and coordination, and any revision thereof, as a
record for three years.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-075, filed 6/14/16, effective 7/15/16.]
WAC 246-237-077 Advance notification of shipment of
Category 1 quantities of radioactive material. As specified in
subsections (1) and (2) of this section, each licensee shall
provide advance notification to the department and the governor
of a state, or the governor's designee, of the shipment of
licensed material in a Category 1 quantity, through or across
the boundary of the state, before transport, or delivery to a
carrier for transport, of the licensed material outside the
confines of the licensee's facility or other place of use or
storage.
(1) Procedures for submitting advance notification.
WAC (2/17/2023 10:59 AM) [ 71 ] NOT FOR FILING (a) The notification must be made to the department and to
the office of each appropriate governor or governor's designee.
The contact information, including telephone and mailing
addresses, of governors and governors' designees, is available
on the NRC's website at
https://scp.nrc.gov/special/designee.pdf. A list of the contact
information is also available upon request from the Director,
Division of Material Safety, Security, State, and Tribal
Programs, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, D.C. 20555-0001.
Notifications to the department must be made to the attention of
the Director, Office of Radiation Protection.
(b) A notification delivered by mail must be postmarked at
least seven days before transport of the shipment commences at
the shipping facility.
(c) A notification delivered by any means other than mail
must reach the department at least four days before transport of
the shipment commences and must reach the office of the governor
or the governor's designee at least four days before transport
of a shipment within or through the state.
WAC (2/17/2023 10:59 AM) [ 72 ] NOT FOR FILING (2) Information to be furnished in advance notification of
shipment. Each advance notification of shipment of Category 1
quantities of radioactive material must contain the following
information, if available at the time of notification:
(a) The name, address, and telephone number of the shipper,
carrier, and receiver of the Category 1 radioactive material;
(b) The license numbers of the shipper and receiver;
(c) A description of the radioactive material contained in
the shipment, including the radionuclides and quantities;
(d) The point of origin of the shipment and the estimated
time and date when shipment will commence;
(e) The estimated time and date the shipment is expected to
enter each state along the route;
(f) The estimated time and date of arrival of the shipment
at the destination; and
(g) A point of contact, with a telephone number, for
current shipment information.
(3) Revision notice.
(a) The licensee shall provide any information not
previously available at the time of the initial notification, as
WAC (2/17/2023 10:59 AM) [ 73 ] NOT FOR FILING soon as the information becomes available but not later than
commencement of the shipment, to the governor of the state or
the governor's designee and to the department.
(b) A licensee shall promptly notify the governor of the
state or the governor's designee of any changes to the
information provided in accordance with subsections (2) and
(3)(a) of this section. The licensee shall also immediately
notify the department of any such changes.
(4) Cancellation notice. Each licensee who cancels a
shipment for which advance notification has been sent shall send
a cancellation notice to the department and to the governor of
each state or to the governor's designee previously notified.
The licensee shall send the cancellation notice before the
shipment would have commenced or as soon thereafter as possible.
The licensee shall state in the notice that it is a cancellation
and identify the advance notification which is being canceled.
(5) Records. The licensee shall retain a copy of the
advance notification and any revision and cancellation notices
as a record for three years.
WAC (2/17/2023 10:59 AM) [ 74 ] NOT FOR FILING (6) Protection of information. State officials, state
employees, and other individuals, whether or not licensees of
the department, NRC, or an agreement state who receive schedule
information of the kind specified in subsection (2) of this
section shall protect that information against unauthorized
disclosure as specified in WAC 246-237-043(4).
[Statutory Authority: RCW 70A.388.040 and 70A.388.110. WSR 22-11-063, § 246-237-077, filed 5/16/22, effective 6/16/22.
Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 17-01-034,
§ 246-237-077, filed 12/12/16, effective 1/12/17; WSR 16-13-079,
§ 246-237-077, filed 6/14/16, effective 7/15/16.]
WAC 246-237-079 Requirements for physical protection of
Category 1 and Category 2 quantities of radioactive material
during shipment. (1) Shipments by road.
(a) Each licensee who transports, or delivers to a carrier
for transport, in a single shipment, a Category 1 quantity of
radioactive material shall:
(i) Ensure that movement control centers are established
that maintain position information from a remote location. These
control centers must monitor shipments twenty-four hours a day,
WAC (2/17/2023 10:59 AM) [ 75 ] NOT FOR FILING seven days a week, and have the ability to communicate
immediately, in an emergency, with the appropriate law
enforcement agencies.
(ii) Ensure that redundant communications are established
that allow the transport to contact the escort vehicle (when
used) and movement control center at all times. Redundant
communications may not be subject to the same interference
factors as the primary communication.
(iii) Ensure that shipments are continuously and actively
monitored by a telemetric position monitoring system or an
alternative tracking system reporting to a movement control
center. A movement control center must provide positive
confirmation of the location, status, and control over the
shipment. The movement control center must be prepared to
promptly implement preplanned procedures in response to
deviations from the authorized route or a notification of
actual, attempted, or suspicious activities related to the
theft, loss, or diversion of a shipment. These procedures will
include, but not be limited to, the identification of and
WAC (2/17/2023 10:59 AM) [ 76 ] NOT FOR FILING contact information for the appropriate LLEA along the shipment
route.
(iv) Provide an individual to accompany the driver for
those highway shipments with a driving time period greater than
the maximum number of allowable hours of service in a twenty-
four hour duty day as established by the Department of
Transportation Federal Motor Carrier Safety Administration. The
accompanying individual may be another driver.
(v) Develop written normal and contingency procedures to
address:
(A) Notifications to the communication center and law
enforcement agencies;
(B) Communication protocols. Communication protocols must
include a strategy for the use of authentication codes and
duress codes and provisions for refueling or other stops,
detours, and locations where communication is expected to be
temporarily lost;
(C) Loss of communications; and
(D) Responses to an actual or attempted theft or diversion
of a shipment.
WAC (2/17/2023 10:59 AM) [ 77 ] NOT FOR FILING (vi) Each licensee who makes arrangements for the shipment
of Category 1 quantities of radioactive material shall ensure
that drivers, accompanying personnel, and movement control
center personnel have access to the normal and contingency
procedures.
(b) Each licensee who transports Category 2 quantities of
radioactive material shall maintain constant control or
surveillance during transit and have the capability for
immediate communication to summon appropriate response or
assistance.
(c) Each licensee who delivers to a carrier for transport,
in a single shipment, a Category 2 quantity of radioactive
material shall:
(i) Use carriers who have established package tracking
systems. An established package tracking system is a documented,
proven, and reliable system routinely used to transport objects
of value. In order for a package tracking system to maintain
constant control or surveillance, the package tracking system
must allow the shipper or transporter to identify when and where
WAC (2/17/2023 10:59 AM) [ 78 ] NOT FOR FILING the package was last and when it should arrive at the next point
of control.
(ii) Use carriers who maintain constant control or
surveillance during transit and have the capability for
immediate communication to summon appropriate response or
assistance; and
(iii) Use carriers who have established tracking systems
that require an authorized signature prior to releasing the
package for delivery or return.
(2) Shipments by rail.
(a) Each licensee who transports, or delivers to a carrier
for transport, in a single shipment, a Category 1 quantity of
radioactive material shall:
(i) Ensure that rail shipments are monitored by a
telemetric position monitoring system or an alternative tracking
system reporting to the licensee, third-party, or railroad
communications center. The communications center shall provide
positive confirmation of the location of the shipment and its
status. The communications center shall implement preplanned
procedures in response to deviations from the authorized route
WAC (2/17/2023 10:59 AM) [ 79 ] NOT FOR FILING or to a notification of actual, attempted, or suspicious
activities related to the theft or diversion of a shipment.
These procedures will include, but not be limited to, the
identification of and contact information for the appropriate
LLEA along the shipment route.
(ii) Ensure that periodic reports to the communications
center are made at preset intervals.
(b) Each licensee who transports, or delivers to a carrier
for transport, in a single shipment, a Category 2 quantity of
radioactive material shall:
(i) Use carriers who have established package tracking
systems. An established package tracking system is a documented,
proven, and reliable system routinely used to transport objects
of value. In order for a package tracking system to maintain
constant control or surveillance, the package tracking system
must allow the shipper or transporter to identify when and where
the package was last and when it should arrive at the next point
of control.
(ii) Use carriers who maintain constant control or
surveillance during transit and have the capability for
WAC (2/17/2023 10:59 AM) [ 80 ] NOT FOR FILING immediate communication to summon appropriate response or
assistance; and
(iii) Use carriers who have established tracking systems
that require an authorized signature prior to releasing the
package for delivery or return.
(3) Investigations. Each licensee who makes arrangements
for the shipment of Category 1 quantities of radioactive
material shall immediately conduct an investigation upon
discovery that a Category 1 shipment is lost or missing. Each
licensee who makes arrangements for the shipment of Category 2
quantities of radioactive material shall immediately conduct an
investigation, in coordination with the receiving licensee, of
any shipment that has not arrived by the designated no-later-
than arrival time.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-079, filed 6/14/16, effective 7/15/16.]
WAC 246-237-081 Reporting requirements. (1) The shipping
licensee shall notify the appropriate LLEA and the department
within one hour of its determination that a shipment of Category
WAC (2/17/2023 10:59 AM) [ 81 ] NOT FOR FILING 1 quantities of radioactive material is lost or missing. The
appropriate LLEA would be the law enforcement agency in the area
of the shipment's last confirmed location. During the
investigation required by WAC 246-237-079(3), the shipping
licensee will provide agreed upon updates to the department on
the status of the investigation.
(2) The shipping licensee shall notify the department
within four hours of its determination that a shipment of
Category 2 quantities of radioactive material is lost or
missing. If, after twenty-four hours of the determination that
the shipment is lost or missing, the radioactive material has
not been located and secured, the licensee shall immediately
notify the department.
(3) The shipping licensee shall notify the designated LLEA
along the shipment route as soon as possible upon discovery of
any actual or attempted theft or diversion of a shipment or
suspicious activities related to the theft or diversion of a
shipment of a Category 1 quantity of radioactive material. As
soon as possible after notifying the LLEA, the licensee shall
notify the department upon discovery of any actual or attempted
WAC (2/17/2023 10:59 AM) [ 82 ] NOT FOR FILING theft or diversion of a shipment, or any suspicious activity
related to the shipment of Category 1 radioactive material.
(4) The shipping licensee shall notify the department as
soon as possible upon discovery of any actual or attempted theft
or diversion of a shipment, or any suspicious activity related
to the shipment, of a Category 2 quantity of radioactive
material.
(5) The shipping licensee shall notify the department and
the LLEA as soon as possible upon recovery of any lost or
missing Category 1 quantities of radioactive material.
(6) The shipping licensee shall notify the department as
soon as possible upon recovery of any lost or missing Category 2
quantities of radioactive material.
(7) The initial telephonic notification required by
subsections (1) through (4) of this section must be followed
within a period of thirty days by a written report submitted to
the department by an appropriate method. A written report is not
required for notifications of suspicious activities required by
subsections (3) and (4) of this section. In addition, the
WAC (2/17/2023 10:59 AM) [ 83 ] NOT FOR FILING licensee shall provide a copy of the written report to the
department. The report must set forth the following information:
(a) A description of the licensed material involved,
including kind, quantity, chemical and physical form;
(b) A description of the circumstances under which the loss
or theft occurred;
(c) A statement of disposition, or probable disposition, of
the licensed material involved;
(d) Actions that have been taken, or will be taken, to
recover the material; and
(e) Procedures or measures that have been, or will be,
adopted to ensure against a recurrence of the loss or theft of
licensed material.
(8) Subsequent to filing the written report, the licensee
shall also report any additional substantive information about
the loss or theft to the department within thirty days after the
licensee learns of such information.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-081, filed 6/14/16, effective 7/15/16.]
WAC (2/17/2023 10:59 AM) [ 84 ] NOT FOR FILING WAC 246-237-101 Form of records. Each record required by
this chapter must be legible throughout the retention period
specified by department rule. The record may be the original or
a reproduced copy or a microform, provided the copy or microform
is authenticated by authorized personnel and the microform is
capable of producing a clear copy throughout the required
retention period. The record may also be stored in electronic
media with the capability of producing legible, accurate, and
complete records during the required retention period. Records
such as letters, drawings, and specifications, must include all
pertinent information such as stamps, initials, and signatures.
The licensee shall maintain adequate safeguards against
tampering with, and loss of, records.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-101, filed 6/14/16, effective 7/15/16.]
WAC 246-237-103 Record retention. Licensees shall
maintain records required by this chapter for the period
specified by the appropriate rule. If a retention period is not
otherwise specified, these records must be retained until the
WAC (2/17/2023 10:59 AM) [ 85 ] NOT FOR FILING department terminates the facility's license. All records
related to this chapter may be destroyed upon department
termination of the facility license.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-103, filed 6/14/16, effective 7/15/16.]
WAC 246-237-105 Inspections. (1) Each licensee shall
afford the department, at all reasonable times, opportunity to
inspect Category 1 or Category 2 quantities of radioactive
material and the premises and facilities wherein the nuclear
material is used, produced, or stored.
(2) Each licensee shall make available to the department
for inspection, upon reasonable notice, records kept by the
licensee pertaining to receipt, possession, use, acquisition,
import, export, or transfer of Category 1 or Category 2
quantities of radioactive material.
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-105, filed 6/14/16, effective 7/15/16.]
WAC 246-237-900 Appendix A: Table 1Category 1 and
Category 2 thresholds. Terabecquerel (TBq) values are the
WAC (2/17/2023 10:59 AM) [ 86 ] NOT FOR FILING regulatory standard. The curie (Ci) values specified are
obtained by converting from the TBq value. The curie values
provided for practical usefulness only.
Radioactive Category 1 Category 1 Category 2 Category 2 material (TBq) (Ci) (TBq) (Ci)
Americium-241 60 1,620 0.6 16.2 Americium-241/Be 60 1,620 0.6 16.2 Californium-252 20 540 0.2 5.40 Cobalt-60 30 810 0.3 8.10 Curium-244 50 1,350 0.5 13.5 Cesium-137 100 2,700 1 27.0 Gadolinium-153 1,000 27,000 10 270 Iridium-192 80 2,160 0.8 21.6 Plutonium-238 60 1,620 0.6 16.2 Plutonium-239/Be 60 1,620 0.6 16.2 Promethium-147 40,000 1,080,000 400 10,800 Radium-226 40 1,080 0.4 10.8 Selenium-75 200 5,400 2 54.0 Strontium-90 1,000 27,000 10 270 Thulium-170 20,000 540,000 200 5,400 Ytterbium-169 300 8,100 3 81.0
Note: Calculations Concerning Multiple Sources or Multiple
Radionuclides
The "sum of fractions" methodology for evaluating
combinations of multiple sources or multiple radionuclides is to
be used in determining whether a location meets or exceeds the
threshold and is thus subject to the requirements of this
chapter.
WAC (2/17/2023 10:59 AM) [ 87 ] NOT FOR FILING I. If multiple sources of the same radionuclide or multiple
radionuclides are aggregated at a location, the sum of the
ratios of the total activity of each of the radionuclides must
be determined to verify whether the activity at the location is
less than the Category 1 or Category 2 thresholds of Table 1, as
appropriate. If the calculated sum of the ratios, using the
equation below, is greater than or equal to 1.0, then the
applicable requirements of this chapter apply.
II. First determine the total activity for each
radionuclide from Table 1. This is done by adding the activity
of each individual source, material in any device, and any loose
or bulk material that contains the radionuclide. Then use the
equation below to calculate the sum of the ratios by inserting
the total activity of the applicable radionuclides from Table 1
in the numerator of the equation and the corresponding threshold
activity from Table 1 in the denominator of the equation.
Calculations must be performed in metric values (TBq) and the
numerator and denominator values must be in the same units.
R1= total activity for radionuclide 1
R2= total activity for radionuclide 2
WAC (2/17/2023 10:59 AM) [ 88 ] NOT FOR FILING RN= total activity for radionuclide n
AR1= activity threshold for radionuclide 1
AR2= activity threshold for radionuclide 2
ARN= activity threshold for radionuclide n
1 + 2 + + 1.0 1 2
[Statutory Authority: RCW 70.98.050 and 70.98.110. WSR 16 079, § 246-237-900, filed 6/14/16, effective 7/15/16.]
Reviser's note: The brackets and enclosed material in the text of the above section
occurred in the copy filed by the agency.
WAC (2/17/2023 10:59 AM) [ 89 ] NOT FOR FILING