TITLE 12. HEALTH

STATE BOARD OF HEALTH

Final Regulation

Title of Regulation: 12VAC5-490. Virginia Radiation Protection Regulations: Fee Schedule (adding 12VAC5-490-30, 12VAC5-490-40).

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

Effective Date: March 4, 2009.

Agency Contact: Les Foldesi, Director, Bureau of Radiological Health, Department of Health, 109 Governor Street, Room 730, Richmond, VA 23219, telephone (804) 864-8151, FAX (804) 864-8155, or email les.foldesi@vdh.virginia.gov.

Summary:

This regulation establishes a fee structure to support the radioactive materials licensing and inspection program for those materials the U.S. Nuclear Regulatory Commission intends to transfer to the Commonwealth by agreement.

Changes to the proposed regulation reduce the fee for (i) Category 7A to $7,500, (ii) Category 7D to $3,750, and (iii) Category 11B to zero.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

12VAC5-490-30. Application and licensing fees for naturally occurring and accelerator-produced radioactive materials.

The application and licensing fees to receive, possess, use, transfer, own or acquire naturally occurring and accelerator-produced radioactive materials license pursuant to 12VAC5-481 are listed in 12VAC5-490-40.

12VAC5-490-40. Application and licensing fees for byproduct, source, and special nuclear materials.

The application and licensing fees to receive, possess, use, transfer, own or acquire byproduct materials, source and special nuclear materials shall not become effective until 30 days after publication in the Virginia Register of a notice of an agreement executed by the Commonwealth of Virginia and the federal government under the provisions of § 274b of the Atomic Energy Act of 1954, as amended (73 Statute 689). Application for a radioactive materials license and annual fees for persons issued a radioactive materials license pursuant to 12VAC5-481 are listed in the following table:

Category		Specific License Type	Application & Annual Fee
1		Special Nuclear Material (SNM)
	A.	License for possession and use of SNM in sealed sources contained in devices used in measuring systems	$1,000
	B.	License for use of SNM to be used as calibration and reference sources	$500
	C.	SNM - all other, except license authorizing special nuclear material in unsealed form that would constitute a critical mass (fee waived if facility holds additional license category)	$2,000
2		Source Material
	A.	Source material processing and distribution	$3,000
	B.	Source material in shielding (fee waived if facility holds additional license category)	$200
	C.	Source material - all other, excluding depleted uranium used as shielding or counterweights	$2,000
3		Byproduct, NARM
	A.	License of broad scope for processing or manufacturing of items for commercial distribution	$15,000
	B.	License for processing or manufacturing and commercial distribution of radiopharmaceuticals, generators, reagent kits and sources or devices	$8,000
	C.	License for commercial distribution or redistribution of radiopharmaceuticals, generators, reagent kits and sources or devices	$4,000
	D.	Other licenses for processing or manufacturing of items for commercial distribution	$4,000
	E.	License for industrial radiography operations performed only in a shielded radiography installation	$3,000
	F.	License for industrial radiography performed only at the address indicated on the license, and at temporary job sites	$4,000
	G.	License for possession and use of less than 370 TBq (10,000 curies) of radioactive material in sealed sources for irradiation of materials where the source is not removed from the shield (fee waived if facility holds additional irradiator license category)	$3,000
	H.	License for possession and use of less than 370 TBq (10,000 curies) of radioactive material in sealed sources for irradiation of materials where the source is exposed for irradiation purposes.  The category also includes underwater irradiators for irradiation of materials in which the source is not exposed for irradiation	$3,000
	I.	License for possession and use of at least 370 TBq (10,000 curies) and less than 3.7 PBq (100,000 curies) of radioactive material in sealed sources for irradiation of materials)	$5,000
	J.	License for possession and use of 3.7 PBq (100,000 curies) or more of radioactive material in sealed sources for irradiation of materials	$15,000
	K.	License to distribute items containing radioactive materials to persons under a general license	$2,000
	L.	License to possess radioactive materials intended for distribution to persons exempt from licensing	$1,000
	M.	License of broad scope for research and development that does not authorize commercial distribution	$7,500
	N.	Other licenses for research and development that do not authorize commercial distribution	$1,500
	O.	License for installation, repair, maintenance or other service of devices or items containing radioactive material, excluding waste transportation or broker services	$1,500
	P.	License for portable gauges	$1,000
	Q.	License for portable X-ray fluorescence analyzer, dewpointer or gas chromatograph	$250
	R.	Leak testing services	$500
	S.	Instrument calibration services	$1,000
	T.	Fixed gauges	$1,000
	U.	All other byproduct, naturally occurring or accelerator-produced material licenses, except as otherwise noted	$1,500
4		Waste Processing
	A.	Commercial waste treatment facilities, including incineration	$200,000
	B.	All other commercial facilities involving waste compaction, repackaging, storage or transfer	$11,000
	C.	Waste processing - all other, including decontamination service	$5,000
5		Well Logging
	A.	License for well logging using sealed sources or subsurface tracer studies	$3,000
	B.	License for well logging using sealed sources and subsurface tracer studies	$4,000
6		Nuclear Laundry
	A.	License for commercial collection and laundry of items contaminated with radioactive material	$10,000
7		Medical/Veterinary
	A.	License for human use of byproduct, source, special nuclear or NARM material in sealed sources contained in teletherapy or stereotactic radiosurgery devices, including mobile therapy	[ $10,000 $7,500 ]
	B.	License of broad scope for human use of byproduct, source, special nuclear or NARM materials used in medical diagnosis, treatment, research and development (excluding teletherapy or stereotactic radiosurgery devices)	$15,000
	C.	License for mobile nuclear medicine	$2,000
	D.	Medical - all others, including SNM pacemakers and high dose rate remote afterloading devices	[ $4,000 $3,750]
	E.	License for veterinary use of radioactive materials	$2,000
	F.	In-vitro	$1,000
8		Academic
	A.	License for possession and use of byproduct, naturally occurring or accelerator-produced radioactive material for educational use or academic research and development that does not authorize commercial distribution, excluding broad scope or human use licenses	$1,000
9		Accelerator
	A.	License for accelerator production of radioisotopes with commercial distribution	$4,000
	B.	Accelerator isotope production - all other (fee waived if facility holds medical broad scope license with no commercial distribution)	$2,000
10		Reciprocity
	A.	Reciprocity recognition of an out-of-state specific license	50% of annual fee of applicable category
11		Amendments
	A.	Request to amend specific license - no license review	$0
	B.	Request to amend specific license - license review required	[ $100 $0 ]
	C.	Request to terminate license	$200

VA.R. Doc. No. R07-114; Filed January 14, 2009, 2:37 p.m.