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     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 4, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 19, 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.]

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