PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: WAC 246-246-001 Radiological criteria for license termination.
Purpose: The rule is being amended pursuant to a settlement agreement entered into the by the Department of Health and Heart of America Northwest in resolution of a request for adjudicative proceeding by Heart of America Northwest concerning the determination of nonsignificance that the department issued for this rule. The sole purpose of this rule amendment is to formally recognize that by operation of existing law there may be other laws or rules to which radioactive materials licensees may be subject. For example, where release of a hazardous substance, which may include radionuclides, occurs at a license facility, licensees may be subject to the requirements of the Model Toxics Control Act, chapter 70.105D RCW, and regulations adopted pursuant to that law, chapter 173-340 WAC. Licensees should consult the Department of Ecology for guidance regarding the application of the Model Toxics Control Act and its separate requirements. This rule is not intended to establish a department position on the applicability of any law or rule.
Statutory Authority for Adoption: RCW 70.98.050.
Statute Being Implemented: RCW 70.98.050.
Summary: The proposal amends WAC 246-246-001 to add clarifying language.
Reasons Supporting Proposal: The amendment language was approved as part of a stipulated agreement (OPS # 00-04-C-1092RP).
Name of Agency Personnel Responsible for Drafting: Scott Van Verst, Tumwater, (360) 236-3256; Implementation and Enforcement: Terry C. Frazee, Tumwater, (360) 236-3221.
Name of Proponent: Heart of America Northwest and Columbia Riverkeepers, private.
Rule is necessary because of state court decision, OPS 00-04-C-1092RP.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 246-246-001 states the general provisions and scope of the chapter on radiological criteria for license termination regarding decommissioning of facilities handling radioactive materials. The rule amendment would add clarifying language.
Proposal Changes the Following Existing Rules: Adds clarifying language to WAC 246-246-001 as new subsection (5): "The provisions of this chapter do not relieve licensees of meeting all other applicable state and federal laws and rules."
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule amendment only adds clarifying language to this rule. The amendment is required by a stipulated agreement between the Department of Health, Heart of America Northwest, and Columbia Riverkeepers.
RCW 34.05.328 does not apply to this rule adoption. This rule amendment clarifies the language of the rule, without changing its effect.
Hearing Location: 7171 Cleanwater Lane, Building 5, Tumwater, on June 12, 2001, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Scott Van Verst by May 25, 2001, TDD (800) 833-6388 or (360) 236-3256.
Submit Written Comments to: Scott Van Verst, P.O. Box 47827, Olympia, WA 98504-7827, fax (360) 236-2255, by June 12, 2001.
Date of Intended Adoption: June 12, 2001.
April 26, 2001
M. C. Selecky
Secretary
OTS-4810.1
AMENDATORY SECTION(Amending WSR 00-07-085, filed 3/15/00,
effective 4/15/00)
WAC 246-246-001
General provisions and scope.
(1) The
criteria in this chapter apply to the decommissioning of all
facilities licensed or registered under these regulations. For
low-level waste disposal facilities (chapter 246-250 WAC), the
criteria apply only to ancillary surface facilities that support
radioactive waste disposal activities. The criteria do not apply
to uranium and thorium recovery facilities already subject to
chapter 246-252 WAC or to uranium solution extraction facilities.
(2) The criteria in this chapter do not apply to sites which:
(a) Have been decommissioned following department approved procedures prior to the effective date of this rule; and
(b) Have previously submitted and received department approval on a license termination plan (LTP) or decommissioning plan.
(3) After a site has been decommissioned and the license terminated in accordance with the criteria in this chapter, the department will require additional cleanup only if, based on new information, it determines that the criteria of this chapter were not met and residual radioactivity remaining at the site could result in significant threat to public health and safety.
(4) When calculating total effective dose equivalent (TEDE) to the average member of the critical group the licensee shall determine the peak annual TEDE dose expected within the first one thousand years after decommissioning.
(5) The provisions of this chapter do not relieve licensees of meeting all other applicable state and federal laws and rules.
[Statutory Authority: RCW 70.98.050. 00-07-085, 246-246-001, filed 3/15/00, effective 4/15/00.]