Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the State Board of Health intends to consider amending 12VAC5-490, Virginia Radiation Protection Regulations: Fee Schedule. The purpose of the proposed action is to amend the fee schedule used by (i) the X-Ray Program (XRP) for device registrations and inspections and (ii) the Radioactive Materials Program (RMP) for initial licensure and annual licensing renewal. The XRP and RMP are fully supported by these fees, which have not increased since 2009. At that time, fees were sufficient to accommodate program and ancillary business functions as they were supplemented by general funds allocated to the Office of Radiological Health (ORH). Virginia entered into an agreement with the U.S. Nuclear Regulatory Commission (NRC) on March 31, 2009, to assume the responsibilities of regulating the use of radioactive materials in the Commonwealth. 12VAC5-490 was promulgated at that time to supply the monetary means for supporting the RMP by charging application and annual licensing fees. In November 2014, the NRC's Integrated Materials Performance Evaluation Program review team evaluated Virginia's RMP and found "the Program experienced a backlog in inspections due, in part, to having a shortage of qualified staff to complete inspections within the required timeframe." Since that time, the RMP has hired and trained two new inspectors and completed the overdue inspection backlog, thus avoiding monitoring, probation, or forfeiture. General funds that were used to support ORH were abolished in 2015. Since that time, the surplus accumulated between 2009 and 2015 has been used to support ORH and is projected to be depleted in 2018. Neither receiving general funds nor reducing staff is an option, thus the fee increase is the best choice to maintain the XRP, the RMP, and associated NRC Agreement State status.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 32.1-229.1 of the Code of Virginia.

Public Comment Deadline: June 28, 2017.

Agency Contact: Steve Harrison, Director, Division of Radiological Health, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-8151, FAX (804) 864-8155, or email steve.harrison@vdh.virginia.gov.