Date of Adoption: June 12, 2001.
Purpose: This rule revision is in accordance with a stipulated agreement between the Department of Health (DOH), Heart of America Northwest, and Columbia Riverkeepers (OPS No. 00-04-C-1092RP). The agreement resolves a challenge to DOH's Determination of Non-Significance of March 29, 2000, regarding adoption of Nuclear Regulatory Commission standards as chapter 246-246 WAC. Under the agreement, DOH agreed to clarify the rule by adding a new subsection to WAC 246-246-001 General provisions and scope, consisting of the following statement: "The provisions of this chapter do not relieve licensees of meeting all other applicable state and federal laws and rules."
Citation of Existing Rules Affected by this Order: Amending WAC 246-246-001.
Statutory Authority for Adoption: RCW 70.98.050.
Adopted under notice filed as WSR 01-10-130 on May 2, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Effective Date of Rule: Thirty-one days after filing.
June 29, 2001
M. C. Selecky
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.]