Effective Date of Rule: August 15, 2006.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Initial extension of the effective date of the rule, as described below, was due to a request from the department of ecology for time to evaluate potential issues arising from the application, if any of the Cleanup Priority Act (CPA), chapter 70.105E RCW, to the disposal of NARM at the commercial low-level radioactive waste disposal site, before the rule took effect. Ecology's evaluation indicates the need to obtain the federal district court's decision on summary judgment in the case of United States v. Manning, CV-04-5128-AAM, in order to fully analyze the CPA's application, if any, to NARM disposal at the commercial site. Arguments on summary judgment are currently scheduled for May 23, 2006, and a decision from the court is expected next summer. To provide adequate time for the court to rule and ecology to consider the court's ruling with respect to its implementation of the CPA, the extension of the effective date of the rule is continued to August 15, 2006. Toward the end of this period, the department health will evaluate whether or not the court's decision and ecology's subsequent analysis of the CPA's application to NARM disposal at the commercial site affects this rule making.

     Purpose: The purpose of this order is to amend the rule-making order, WSR 05-21-128, filed on October 19, 2005, adopting amendments to chapter 246-249 WAC, to extend the effective date of the rule. The order of adoption identified the effective date of the rule as thirty-one days after filing, or November 19, 2005. By amended order of adoption, dated November 18, 2005, the effective date of the rule was extended to December 23, 2005. This second amended order of adoption continues the extension of the effective date of the rule to August 15, 2006.

     The purpose of this rule making is to amend chapter 246-249 WAC to allow disposal of up to 100,000 cubic feet per year of diffuse naturally occurring and accelerator produced radioactive material (NARM) disposed at the commercial low-level radioactive waste site in Richland, Washington. The amendment also allows the licensee to seek approval to dispose of diffuse NARM volumes greater than 100,000 cubic feet if there are unused volumes from previous years.

     Citation of Existing Rules Affected by this Order: Amending WAC 246-249-001, 246-249-010, 246-249-080, and 246-249-090.

     Statutory Authority for Adoption: RCW 70.98.050.

      Adopted under notice filed as WSR 05-17-189 on August 24, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: December 21, 2005.

Mary C. Selecky

Secretary