WSR 13-20-067
EXPEDITED RULES
DEPARTMENT OF ECOLOGY
[Order 13-06—Filed September 27, 2013, 11:17 a.m.]
Title of Rule and Other Identifying Information: The department of ecology is proposing to repeal chapter 173-325 WAC, Low-level radioactive waste disposal and chapter 173-326 WAC, Commercial low-level radioactive waste disposal—Site use permits.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Bari Schreiner, Agency Rules Coordinator, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, e-mail Bari.Schreiner@ecy.wa.gov, AND RECEIVED BY December 2, 2013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule proposal is to repeal two chapters that ecology no longer has authority to implement. Chapter 70.98 RCW, as amended by chapter 19, Laws of 2012, HB 2304 and SB 6491, transferred authority for the site use permit program to the department of health (health) effective July 1, 2012. Health has been administering this program since that date and has adopted rules under chapters 246-249 and 246-254 WAC to align their rules with the statute.
Reasons Supporting Proposal: The site use permit program regulations describe a permit system for disposal of commercial low-level radioactive waste near Richland, Washington. The disposal facility is commonly referred to as "US Ecology."
Ecology is conducting this rule making to conform to state law and to repeal duplicative rules. This repeal will eliminate possible confusion over obsolete rules.
Statutory Authority for Adoption: Chapter 43.200 RCW, Radioactive Waste Act.
Statute Being Implemented: Chapter 70.98 RCW, Nuclear energy and radiation.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of ecology, governmental.
Name of Agency Personnel Responsible for Drafting: Larry Goldstein, Lacey, (360) 407-6573.
September 25, 2013
Polly Zehm
Deputy Director
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 173-325-010
Purpose.
WAC 173-325-020
Definitions.
WAC 173-325-030
Requirements for generators and brokers.
WAC 173-325-040
Requirements for site operator.
WAC 173-325-050
Effective dates.
REPEALER
The following chapter of the Washington Administrative Code is repealed:
WAC 173-326-010
Purpose.
WAC 173-326-020
Definitions.
WAC 173-326-030
Requirements for generators and brokers using the Hanford low-level radioactive waste disposal facility.
WAC 173-326-040
Payment procedures.
WAC 173-326-050
Permit fees.
WAC 173-326-060
Requirements for site operator.