PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 96-11-129.
Title of Rule and Other Identifying Information: Chapter 246-249 WAC, Radioactive waste -- Use of commercial disposal site, addressing requirements for naturally occurring and accelerator produced radioactive material (NARM), excluding source material. The four sections subject to revision are WAC 246-249-001 Purpose and scope, 246-249-010 Definitions, 246-249-080 Naturally occurring and accelerator produced radioactive material (NARM) excluding source material, and 246-249-090 Transfer for disposal and manifests.
Hearing Location(s): Department of Health, Town Center East, 101 Israel Road S.E., Room 163, Tumwater, WA 98501, on September 27, 2005, at 10:00 a.m.
Date of Intended Adoption: October 12, 2007 [2005].
Submit Written Comments to: http://www3.doh.wa.gov/policyreview/ or Nancy Darling, Department of Health, P.O. Box 47827, Olympia, WA 98504-7827, fax (360) 236-3244 by September 27, 2005.
Assistance for Persons with Disabilities: Contact Kristin Felix by September 21, 2005, TTY (800) 833-6388 or (360) 236-3240.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal would increase the diffuse NARM disposal limit at the commercial low-level radioactive waste site (Richland, Washington) from 8,600 cubic feet per year to 100,000 cubic feet per year. Other revisions include a case-by-case rollover option for carrying unused volume from year-to-year, replacement of an individual generator limit of 1,000 cubic feet per year with a requirement that individual generators receive prior DOH approval for disposal of volumes greater than 1,000 cubic feet per year, and minor changes made for consistency and clarification. Revisions are included in four sections of the rule. All the substantive revisions are in WAC 246-249-080. Revisions in the other three sections are primarily for clarification and consistency. The specific revisions by sections are:
WAC 246-249-001 Purpose and scope, clarifies application of the rule to NARM and clarifies that "radioactive waste" applies to both NARM and low-level waste.
WAC 246-249-010 Definitions, includes new or revised definitions for NARM, radioactive waste, rollover volume and generator.
WAC 246-249-080 Naturally occurring and accelerator produced radioactive material (NARM) excluding source material, revisions address the new site volume limit, deletion of the individual generator limit, and requirements for rollover volumes.
WAC 246-249-090 Transfer for disposal and manifests, references to "low-level waste" are changed to "radioactive waste" for clarification.
Reasons Supporting Proposal: A 1996 settlement agreement (referenced in Thurston County Superior Court Agreed Order No. 95-2-02812-5) between Department of Health (DOH) and United States Ecology states that DOH shall conduct rule making for the purpose of amending WAC 246-249-080 to establish a diffuse NARM disposal limit of 100,000 cubic feet per year.
The final EIS for the commercial low-level radioactive waste disposal site, Richland, Washington, evaluated several alternatives for NARM disposal. DOH and the Department of Ecology are proposing this rule amendment based on the preferred alternative.
Statutory Authority for Adoption: RCW 70.98.050.
Statute Being Implemented: RCW 70.98.050.
Rule is necessary because of state court decision, Agreed Order 95-2-0281.
Name of Proponent: Department of Health, governmental.
Name of Agency Personnel Responsible for Drafting: Nancy Darling, Olympia, Washington, (360) 236-3244; Implementation and Enforcement: Mikel Elsen, Richland, Washington, (360) 236-3241.
No small business economic impact statement has been prepared under chapter 19.85 RCW. DOH has prepared an economic impact analysis that evaluates the economic impacts for the proposed rules and concludes there are no known economic impacts to businesses. Under RCW 19.85.030(1), no small business economic impact statement is required if there are no known costs to any business associated with the changes to WAC 246-249-080 or the other proposed rules. Additionally, under RCW 19.85.025(3), a small business economic impact statement is not required for the rules that are being revised for clarification (WAC 246-249-001, 246-249-010, and 246-249-090).
A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Nancy Darling, Department of Health, P.O. Box 47827, Olympia, WA 98504-7827, phone (360) 236-3244, fax (360) 236-2255, e-mail nancy.darling@doh.wa.gov.
August 23, 2005
M. C. Selecky
Secretary
OTS-8080.3
AMENDATORY SECTION(Amending Order 187, filed 8/7/91,
effective 9/7/91)
WAC 246-249-001
Purpose and scope.
((This chapter
provides)) These rules ((governing)) govern generators and
brokers of low-level radioactive waste (LLRW) and generators
and brokers of naturally occurring and accelerator produced
radioactive material (NARM) seeking to dispose ((of such))
waste at any commercial disposal facility in the state of
Washington. For purposes of this chapter, the term
"radioactive waste" refers to both low-level radioactive waste
and naturally occurring and accelerator produced radioactive
material. These rules are in addition to applicable
requirements of the United States Nuclear Regulatory
Commission (NRC), the United States Department of
Transportation (DOT), and other requirements of Title 246 WAC,
the requirements of the department of ecology, Title 173 WAC,
and conditions of the license issued to the disposal site
operator(s).
[Statutory Authority: RCW 70.98.050 and 70.98.080. 91-16-109 (Order 187), § 246-249-001, filed 8/7/91, effective 9/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-249-001, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-62-010, filed 12/11/86.]
(1) "Low-level radioactive waste," ((has the same meaning
as in)) consistent with the Low-Level Radioactive Waste Policy
Amendments Act of 1985, Public Law 99-240, ((that is,)) means
radioactive waste not classified as high-level radioactive
waste, spent nuclear fuel, or by-product material as defined
in section 11e.(2) of the Atomic Energy Act.
(2) "Broker" means a person who performs one or more of
the following functions for a ((low-level)) radioactive waste
generator:
(a) Arranges for transportation of the ((low-level))
radioactive waste;
(b) Collects and/or consolidates shipments of ((such
low-level)) radioactive waste (waste collector);
(c) Processes ((such low-level)) radioactive waste in
some manner((; provided it shall not mean a)), not including
carriers whose sole function is to transport ((such
low-level)) radioactive waste (waste processor).
(3) "Chelating agent" means amine polycarboxylic acids (e.g., EDTA, DTPA), hydroxy-carboxylic acids, and polycarboxylic acids (e.g., citric acid, carbolic acid, and glucinic acid).
(4) "Chemical description" means a description of the
principal chemical characteristics of a ((low-level))
radioactive waste.
(5) "Computer-readable medium" means ((that)) the
regulatory agency's computer can transfer the information from
the medium into its memory.
(6) "Consignee" means the designated receiver of the
shipment of ((low-level)) radioactive waste.
(7) "Decontamination facility" means a facility operating
under a commission or agreement state license whose principal
purpose is decontamination of equipment or materials to
accomplish recycle, reuse, or other waste management
objectives, and, for purposes of this section, is not
considered to be a consignee for ((LLW)) radioactive waste
shipments.
(8) "Disposal container" means a container principally
used to confine ((low-level)) radioactive waste during
disposal operations at a land disposal facility (also see
"high integrity container"). Note that for some shipments,
the disposal container may be the transport package.
(9) "EPA identification number" means the number
((received by a transporter following application to the
administrator of EPA as required by)) assigned by the EPA
administrator under 40 CFR Part 263.
(10) "Generator" means any entity including a licensee operating under a commission or agreement state license who:
(a) Is a waste generator as defined in this part; or
(b) Is the entity or licensee to whom waste can be attributed within the context of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (e.g., waste generated as a result of decontamination or recycle activities).
(11) "High integrity container (HIC)" means a container
commonly designed to meet the structural stability
requirements of this chapter, and to meet department of
transportation ((requirements for a)) Type A package
requirements.
(12) "Land disposal facility" means the land, buildings, and equipment which are intended to be used for the disposal of radioactive wastes. For the purposes of this chapter, a land disposal facility does not include a geologic repository.
(13) "Motor vehicle" means any vehicle, truck, tractor, semi-trailer, or trailer (or any permitted combination of these), driven by mechanical power and used upon the highways to carry property.
(14) "Motor common carrier" means a person holding itself out to the general public to provide motor vehicle transportation for compensation over regular or irregular routes, or both.
(15) "Motor contract carrier" means a person other than a common carrier providing motor vehicle transportation of property for compensation under continuing agreements with one or more persons.
(16) "Motor private carrier" means a person, other than a motor carrier, transporting property by motor vehicle when the person is the owner, lessee, or bailee of the property being transported; and the property is being transported for sale, lease, rent, or bailment, or to further a commercial enterprise.
(17) "Motor carrier" means a motor common carrier and a motor contract carrier.
(18) "Naturally occurring and accelerator produced material" (NARM) means any radioactive material of natural or accelerator origin; but does not include by-product, source or special nuclear material. Diffuse NARM is low activity NARM that has less than 2 nCi/g of 226-Ra.
(19) "NRC Forms 540, 540A, 541, 541A, 542, and 542A" are official NRC Forms referenced in this section. Licensees need not use originals of these NRC Forms as long as any substitute forms are equivalent to the original documentation in respect to content, clarity, size, and location of information. Upon agreement between the shipper and consignee, NRC Forms 541 (and 541A) and NRC Forms 542 (and 542A) may be completed, transmitted, and stored in electronic media. The electronic media must have the capability for producing legible, accurate, and complete records in the format of the uniform manifest.
(((19))) (20) "Package" means the assembly of components
necessary to ensure compliance with the packaging requirements
of DOT regulations, together with its radioactive contents, as
presented for transport.
(((20))) (21) "Physical description" means the items
((called for)) on NRC Form 541 ((to)) that describe a
((low-level)) radioactive waste.
(((21))) (22) "Radioactive waste" means either or both
low-level radioactive waste and naturally occurring and
accelerator produced radioactive material.
(23) "Residual waste" means ((low-level)) radioactive
waste resulting from processing or decontamination activities
that cannot be easily separated into distinct batches
attributable to specific waste generators. This waste is
attributable to the processor or decontamination facility, as
applicable.
(((22))) (24) "Rollover volume" means the difference, in
a calendar year, between the volume of NARM disposed at the
disposal site and the site volume limit set forth under WAC 246-249-080(4).
(25) "Shipper" means the licensed entity (i.e., the waste
generator, waste collector, or waste processor) who offers
((low-level)) radioactive waste for transportation, typically
consigning this type of waste to a licensed waste collector,
waste processor, or land disposal facility operator.
(((23))) (26) "Shipment" means the total ((low-level))
radioactive waste material transported in one motor vehicle.
(((24))) (27) "Shipping paper" means NRC Form 540 and, if
required, NRC Form 540A which includes the information
required by DOT in 49 CFR Part 172.
(((25))) (28) "Transuranic waste" means material
contaminated with elements that have an atomic number greater
than 92.
(((26))) (29) "Uniform Low-Level Radioactive Waste
Manifest or uniform manifest" means the combination of NRC
Forms 540, 541, and, if necessary, 542, and their respective
continuation sheets as needed, or equivalent.
(((27))) (30) "Waste collector" means an entity,
operating under a commission or agreement state license, whose
principal purpose is to collect and consolidate waste
generated by others, and to transfer this waste, without
processing or repackaging the collected waste, to another
licensed waste collector, licensed waste processor, or
licensed land disposal facility.
(((28))) (31) "Waste description" means the physical,
chemical and radiological description of a ((low-level))
radioactive waste as called for on NRC Form 541.
(((29))) (32) "Waste generator" means an entity,
operating under a commission or agreement state license, who:
(a) Possesses any material or component that contains radioactivity or is radioactively contaminated for which the licensee foresees no further use; and
(b) Transfers this material or component to a licensed land disposal facility or to a licensed waste collector or processor for handling or treatment prior to disposal.
A licensee performing processing or decontamination
services may be a "waste generator" if the transfer of
((low-level)) radioactive waste from its facility is defined
as "residual waste."
(((30))) (33) "Waste processor" means an entity,
operating under a commission or agreement state license, whose
principal purpose is to process, repackage, or otherwise treat
((low-level)) radioactive material or waste generated by
others prior to eventual transfer of waste to a licensed
low-level radioactive waste land disposal facility.
(((31))) (34) "Waste type" means a waste within a
disposal container having a unique physical description (i.e.,
a specific waste descriptor code or description; or a waste
sorbed on or solidified or stabilized in a specifically
defined media).
[Statutory Authority: RCW 70.98.050 and 70.98.080. 98-09-117, § 246-249-010, filed 4/22/98, effective 5/23/98; 91-16-109 (Order 187), § 246-249-010, filed 8/7/91, effective 9/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-249-010, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-62-020, filed 12/11/86.]
(2) Applications for specific departmental approval
((shall)) must be submitted to the department for volumes
greater than one thousand cubic feet of diffuse NARM, and must
describe:
(a) The chemical processes which produce or have produced the waste;
(b) The volume of waste to be disposed; and
(c) The radionuclides in the waste.
(3) A request for specific approval may be approved if
the department finds the material ((to be)) is:
(a) In conformance with conditions of all licenses and permits issued to the disposal site operator; and
(b) Consistent with protection of the public health, safety and environment.
(4) Diffuse naturally occurring and accelerator produced
radioactive material, excluding source material, shall be
limited to a total site volume of no more than ((eight)) one
hundred thousand ((six hundred)) cubic feet per calendar
year((, and individual generators shall be limited to an
annual total volume of one thousand cubic feet per calendar
year, provided that there shall be no annual site limit or
individual generator volume limit for)). This annual disposal
limit does not apply to:
(a) Accelerator produced radioactive material excluding decommissioning waste; and
(b) Discrete sealed sources. For purposes of this section, sealed sources means any device containing naturally occurring radioactive material or accelerator produced radioactive material to be used as a source of radiation which has been constructed in such a manner as to prevent the escape of any radioactive material.
(5) Rollover provision. For a given calendar year, the site licensee may apply to the department for an increase in the site volume limit not to exceed the cumulative rollover volume from previous years. The licensee must submit an application to the department describing the request and addressing the possible impacts. The department may approve the application if it finds that disposal of rollover volumes in excess of one hundred thousand cubic feet per year is appropriate based on the real or potential impacts to the public health, safety and environment.
(6) Emergency provision. If the annual total site
((volume limit or an individual generator's annual total))
volume limit has been met((,)) and an emergency situation
occurs, single generators of diffuse NARM may seek emergency
approval from the secretary to dispose of ((NARM excluding
source materials)) waste in excess of volume limitations. The
secretary may approve emergency disposal if he or she finds
that an emergency exists based upon the circumstances
described by the applicant, the real or potential impact on
the public health and safety as determined by the department
and that approval of such additional disposal is consistent
with protecting the public health and safety of the citizens
of the state of Washington.
(((6))) (7) The department shall review ((subsection
(4)(a) and (b) of)) this section, every five years, beginning
five years from the rule's effective date ((of this
regulation, to determine if volume limits should be set.
(7) Denial by the department of a request for specific approval shall not be interpreted as an approval to dispose of naturally occurring or accelerator produced radioactive material without regard to its radioactivity)).
[Statutory Authority: Chapter 70.98 RCW. 95-13-094, § 246-249-080, filed 6/21/95, effective 7/22/95. Statutory Authority: RCW 70.98.050 and 70.98.080. 91-16-109 (Order 187), § 246-249-080, filed 8/7/91, effective 9/7/91. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-249-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-62-090, filed 12/11/86.]
(1) Effective March 1, 1998, each shipment of radioactive waste intended for disposal at a licensed land disposal facility in the state of Washington must be accompanied by a uniform low-level radioactive waste shipment manifest.
(2) Any licensee shipping radioactive waste intended for ultimate disposal at a licensed land disposal facility must document the information required on NRC's Uniform Low-Level Radioactive Waste Manifest and transfer this recorded manifest information to the intended consignee in accordance with this section.
(a) Each shipment manifest must include a certification by the waste generator as specified in this section.
(b) Each person involved in the transfer for disposal and disposal of waste, including the waste generator, waste collector, waste processor, and disposal facility operator, shall comply with the requirements specified in this section.
(c) When recording information on shipment manifests, information must be recorded in the International System of Units (SI) or in SI and units of curie, rad, rem, including multiples and subdivisions.
(3) A waste generator, collector, or processor who
transports, or offers for transportation, ((low-level))
radioactive waste intended for ultimate disposal at a licensed
low-level radioactive waste land disposal facility must
prepare a manifest reflecting information requested on
applicable NRC Forms 540 (Uniform Low-Level Radioactive Waste
Manifest (Shipping Paper)) and 541 (Uniform Low-Level
Radioactive Waste Manifest (Container and Waste Description))
and, if necessary, on an applicable NRC Form 542 (Uniform
Low-Level Radioactive Waste Manifest (Manifest Index and
Regional Compact Tabulation)). NRC Forms 540 and 540A must be
completed and must physically accompany the pertinent
low-level waste shipment. Upon agreement between shipper and
consignee, NRC Forms 541 and 541A and 542 and 542A may be
completed, transmitted, and stored in electronic media with
the capability for producing legible, accurate, and complete
records on the respective forms. Licensees are not required
by the department to comply with the manifesting requirements
of this section when they ship:
(a) ((LLW)) Radioactive waste for processing and expect
its return (i.e., for storage under their license) prior to
disposal at a licensed land disposal facility;
(b) ((LLW)) Radioactive waste that is being returned to
the licensee who is the "waste generator" or "generator," as
defined in this part; or
(c) Radioactively contaminated material to a "waste processor" that becomes the processor's "residual waste."
For guidance in completing these forms, refer to the instructions that accompany the forms. Copies of manifests required by this section may be legible carbon copies, photocopies, or computer printouts that reproduce the data in the format of the uniform manifest.
This section includes information requirements of the U.S. Department of Transportation, as codified in 49 CFR Part 172. Information on hazardous, medical, or other waste, required to meet Environmental Protection Agency regulations, as codified in 40 CFR Parts 259, 261 or elsewhere, is not addressed in this section, and must be provided on the required EPA forms. However, the required EPA forms must accompany the Uniform Low-Level Radioactive Waste Manifest required by this section.
(4) Information requirements.
(a) General information.
The shipper of the radioactive waste, shall provide the following information on the uniform manifest:
(i) The name, facility address, and telephone number of the licensee shipping the waste;
(ii) An explicit declaration indicating whether the shipper is acting as a waste generator, collector, processor, or a combination of these identifiers for purposes of the manifested shipment; and
(iii) The name, address, and telephone number, or the name and EPA identification number for the carrier transporting the waste.
(b) Shipment information.
The shipper of the radioactive waste shall provide the following information regarding the waste shipment on the uniform manifest:
(i) The date of the waste shipment;
(ii) The total number of packages/disposal containers;
(iii) The total disposal volume and disposal weight in the shipment;
(iv) The total radionuclide activity in the shipment;
(v) The activity of each of the radionuclides H-3, C-14, Tc-99, and I-129 contained in the shipment; and
(vi) The total masses of U-233, U-235, and plutonium in special nuclear material, and the total mass of uranium and thorium in source material.
(c) Disposal container and waste information.
The shipper of the radioactive waste shall provide the following information on the uniform manifest regarding the waste and each disposal container of waste in the shipment:
(i) An alphabetic or numeric identification that uniquely identifies each disposal container in the shipment;
(ii) A physical description of the disposal container, including the manufacturer and model of any high integrity container;
(iii) The volume displaced by the disposal container;
(iv) The gross weight of the disposal container, including the waste;
(v) For waste consigned to a disposal facility, the maximum radiation level at the surface of each disposal container;
(vi) A physical and chemical description of the waste;
(vii) The total weight percentage of chelating agent for any waste containing more than 0.1% chelating agent by weight, plus the identity of the principal chelating agent;
(viii) The approximate volume of waste within a container;
(ix) The sorbing, stabilization, or solidification media, if any, and the identity of the solidification or stabilization media vendor and brand name;
(x) The identities and activities of individual radionuclides contained in each container, the masses of U-233, U-235, and plutonium in special nuclear material, and the masses of uranium and thorium in source material. For discrete waste types (i.e., activated materials, contaminated equipment, mechanical filters, sealed source/devices, and wastes in solidification/stabilization media), the identities and activities of individual radionuclides associated with or contained on these waste types within a disposal container shall be reported;
(xi) The total radioactivity within each container; and
(xii) For wastes consigned to a disposal facility, the
classification of the waste ((pursuant to)) under this
chapter. ((Waste not meeting the structural stability
requirements of this chapter must be identified.)) The shipper
must identify the waste if it does not meet the structural
stability requirements in this chapter.
(d) Uncontainerized waste information.
The shipper of the radioactive waste shall provide the following information on the uniform manifest regarding a waste shipment delivered without a disposal container:
(i) The approximate volume and weight of the waste;
(ii) A physical and chemical description of the waste;
(iii) If the chelating agent exceeds 0.1% by weight, the
total weight percentage of chelating agent ((if the chelating
agent exceeds 0.1% by weight,)) plus the identity of the
principal chelating agent;
(iv) For waste consigned to a disposal facility, the
classification of the waste ((pursuant to)) under this
chapter. ((Waste not meeting the structural stability
requirements of this chapter must be identified;)) The shipper
must identify the waste if it does not meet the structural
stability requirements in this chapter;
(v) The identities and activities of individual radionuclides contained in the waste, the masses of U-233, U-235, and plutonium in special nuclear material, and the masses of uranium and thorium in source material; and
(vi) For wastes consigned to a disposal facility, the maximum radiation levels at the surface of the waste.
(e) Multigenerator disposal container information.
This subsection applies to disposal containers enclosing
mixtures of waste originating from different generators. (Note: The origin of the ((LLW)) radioactive waste resulting
from a processor's activities may be attributable to one or
more "generators," including "waste generators." It also
applies to mixtures of wastes shipped in an uncontainerized
form, for which portions of the mixture within the shipment
originate from different generators.)
(i) For homogeneous mixtures of waste, such as incinerator ash, provide waste description applicable to the mixture and the volume of the waste attributed to each generator.
(ii) For heterogeneous mixtures of waste, such as the combined products from a large compactor, identify each generator contributing waste to the disposal container, and, for discrete waste types (i.e., activated materials, contaminated equipment, mechanical filters, sealed source/devices, and wastes in solidification/stabilization media), the identities and activities of individual radionuclides contained on these waste types within the disposal container. For each generator, provide the following:
(A) The volume of waste within the disposal container;
(B) A physical and chemical description of the waste, including the stabilization or solidification agent, if any;
(C) The total weight percentage of chelating agents for any disposal container containing more than 0.1% chelating agent by weight, plus the identity of the principal chelating agent;
(D) The sorbing, solidification, or stabilization media, if any, and the identity of the stabilization media vendor and brand name, if the media is claimed to meet stability requirements in WAC 246-249-050(2); and
(E) Radionuclide identities and activities contained in the waste, the masses of U-233, U-235, and plutonium in special nuclear material, and the masses of uranium and thorium in source material if contained in the waste.
(5) Certification.
An authorized representative of the waste generator, processor, or collector shall certify by signing and dating the shipment manifest that the transported materials are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation according to the applicable regulations of the Department of Transportation, the U.S. Nuclear Regulatory Commission, and the department. A collector in signing the certification is certifying that nothing has been done to the collected waste which would invalidate the waste generator's certification.
(6) Control and tracking.
(a) Any licensee who transfers radioactive waste to a land disposal facility or a licensed waste collector shall comply with the requirements in (a)(i) through (ix) of this subsection. Any licensee who transfers waste to a licensed waste processor for waste treatment or repackaging shall comply with the requirements of (a)(iv) through (ix) of this section. A licensee shall:
(i) Prepare all wastes so that the waste is classified according to WAC 246-249-040 and meets the waste characteristics requirements in WAC 246-249-050;
(ii) Label each disposal container (or transport package if potential radiation hazards preclude labeling of the individual disposal container) of waste to identify whether it is Class A waste, Class B waste, Class C waste, or greater than Class C waste, in accordance with WAC 246-249-040;
(iii) Conduct a quality assurance program to assure compliance with WAC 246-249-040 and 246-249-050 (the program must include management evaluation of audits);
(iv) Prepare the NRC Uniform Low-Level Radioactive Waste Manifest as required by this section;
(v) Forward a copy or electronically transfer the Uniform
Low-Level Radioactive Waste Manifest to the intended consignee
so that either receipt of the manifest precedes the ((LLW))
waste shipment or the manifest is delivered to the consignee
with the waste at the time the waste is transferred to the
consignee. Using both methods is also acceptable;
(vi) Include NRC Form 540 (and NRC Form 540A, if required) with the shipment regardless of the option chosen in (a)(v) of this subsection;
(vii) Receive acknowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540;
(viii) Retain a copy of, or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by these regulations; and
(ix) For any shipments or any part of a shipment for which acknowledgement of receipt has not been received within the times set forth in this section, conduct an investigation in accordance with (e) of this subsection.
(b) Any waste collector licensee who handles only prepackaged waste shall:
(i) Acknowledge receipt of the waste from the shipper within one week of receipt by returning a signed copy of NRC Form 540;
(ii) Prepare a new manifest to reflect consolidated shipments that meet the requirements of this section. The waste collector shall ensure that, for each container of waste in the shipment, the manifest identifies the generator of that container of waste;
(iii) Forward a copy or electronically transfer the
Uniform Low-Level Radioactive Waste Manifest to the intended
consignee so that either receipt of the manifest precedes the
((LLW)) waste shipment, or the manifest is delivered to the
consignee with the waste at the time the waste is transferred
to the consignee. Using both methods is also acceptable;
(iv) Include NRC Form 540 (and NRC Form 540A, if required) with the shipment regardless of the option chosen in (b)(iii) of this subsection;
(v) Receive acknowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540;
(vi) Retain a copy of or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by these regulations;
(vii) For any shipments or any part of a shipment for which acknowledgement of receipt has not been received within the times set forth in this section, conduct an investigation in accordance with this section; and
(viii) Notify the shipper and the department when any shipment, or part of a shipment, has not arrived within sixty days after receipt of an advance manifest, unless notified by the shipper that the shipment has been canceled.
(c) Any licensed waste processor who treats or repackages waste shall:
(i) Acknowledge receipt of the waste from the shipper within one week of receipt by returning a signed copy of NRC Form 540;
(ii) Prepare a new manifest that meets the requirements of this section. Preparation of the new manifest reflects that the processor is responsible for meeting these requirements. For each container of waste in the shipment, the manifest shall identify the waste generators, the preprocessed waste volume, and the other information as required in subsection (4)(e) of this section;
(iii) Prepare all wastes so that the waste is classified according to WAC 246-249-040 and meets the waste characteristics requirements in WAC 246-249-050;
(iv) Label each package of waste to identify whether it is Class A waste, Class B waste, or Class C waste, in accordance with WAC 246-249-040 and 246-249-060;
(v) Conduct a quality assurance program to assure compliance with WAC 246-249-040 and 246-249-050 (the program shall include management evaluation of audits);
(vi) Forward a copy or electronically transfer the
Uniform Low-Level Radioactive Waste Manifest to the intended
consignee so that either receipt of the manifest precedes the
((LLW)) waste shipment, or the manifest is delivered to the
consignee with the waste at the time the waste is transferred
to the consignee. Using both methods is also acceptable;
(vii) Include NRC Form 540 (and NRC Form 540A, if required) with the shipment regardless of the option chosen in (c)(vi) of this subsection;
(viii) Receive acknowledgement of the receipt of the shipment in the form of a signed copy of NRC Form 540;
(ix) Retain a copy of or electronically store the Uniform Low-Level Radioactive Waste Manifest and documentation of acknowledgement of receipt as the record of transfer of licensed material as required by these regulations;
(x) For any shipment or any part of a shipment for which acknowledgement of receipt has not been received within the times set forth in this section, conduct an investigation in accordance with (e) of this subsection; and
(xi) Notify the shipper and the department when any shipment, or part of a shipment, has not arrived within sixty days after receipt of an advance manifest, unless notified by the shipper that the shipment has been canceled.
(d) The land disposal facility operator shall:
(i) Acknowledge receipt of the waste within one week of receipt by returning, as a minimum, a signed copy of NRC Form 540 to the shipper. The shipper to be notified is the licensee who last possessed the waste and transferred the waste to the operator. If any discrepancy exists between materials listed on the Uniform Low-Level Radioactive Waste Manifest and materials received, copies or electronic transfer of the affected forms must be returned indicating the discrepancy;
(ii) Maintain copies of all completed manifests and electronically store the information required by WAC 246-250-600(8) until the license is terminated; and
(iii) Notify the shipper and the department when any shipment, or part of a shipment, has not arrived within sixty days after receipt of an advance manifest, unless notified by the shipper that the shipment has been canceled.
(e) ((Any shipment or part of a shipment for which
acknowledgement is not received)) If the shipper does not
receive acknowledgement from the land disposal facility
operator for any shipment or part of a shipment within the
times set ((forth)) in this section, the shipper must:
(i) ((Be investigated by the shipper)) Investigate if the
shipper has not received notification or receipt within twenty
days after transfer; and
(ii) ((Be traced and reported. The investigation shall
include tracing the shipment and filing a report with)) Trace
the shipment or part of shipment and report the investigation
to the department. Each licensee who conducts a trace
investigation shall file a written report with the department
within two weeks of completion of the investigation.
[Statutory Authority: RCW 70.98.050 and 70.98.080. 98-09-117, § 246-249-090, filed 4/22/98, effective 5/23/98; 97-02-014, § 246-249-090, filed 12/20/96, effective 1/20/97; 91-16-109 (Order 187), § 246-249-090, filed 8/7/91, effective 9/7/91.]