WSR 12-10-069



[ Filed May 1, 2012, 11:21 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 246-254-130 Radioactive waste disposal site surveillance fee increase and clarification of who must pay.

Hearing Location(s): Department of Health, Point Plaza East, Room 139, 310 Israel Road S.E., Tumwater, WA 98501, on June 5, 2012, at 10:00 a.m.

Date of Intended Adoption: June 25, 2012.

Submit Written Comments to: Michelle K. Austin, P.O. Box 47827, Olympia, WA 98504-7824, web site, fax (360) 236-2266, by June 5, 2012.

Assistance for Persons with Disabilities: Contact Michelle K. Austin by May 28, 2012, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In 2011, the state legislature gave the department of health (department) the authority to increase the radioactive waste site surveillance fee to "meet the actual costs of conducting business," which is consistent with the underlying statutes. The proposed fee increase is necessary to offset the costs of program activities related to regulatory oversight of the site and maintain the department's agreement with the United States Nuclear Regulatory Commission, as required by RCW 70.98.110. In addition, editorial changes are also included to clarify who must pay the site surveillance fee.

Reasons Supporting Proposal: The proposed rule is needed to fund the statutory objectives of protecting the public and environment from the harmful effects of radiation. The proposed fee increase is needed to offset the ongoing decline in revenue based on the volume of waste disposed at the site, and to enable the program to continue to meet the requirements of the underlying statutes. To clarify that this fee applies to both low-level radioactive waste and naturally occurring and accelerator produced radioactive material as intended by the underlying statute, the proposed rule identifies both types of radioactive waste.

Statutory Authority for Adoption: RCW 70.98.085, 2ESHB 1087.

Statute Being Implemented: RCW 70.98.050, 70.98.085, and 70.98.110.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of health, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mikel J. Elsen, 111 Israel Road S.E., Tumwater, WA 98501, (360) 236-3241.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(f), a small business economic impact statement is not required for proposed rules that set or adjust fees or rates pursuant to legislative standards.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) exempts rules that set or adjust fees or rates pursuant to legislative standards.

April 30, 2012

Mary C. Selecky



AMENDATORY SECTION(Amending Order 121, filed 12/27/90, effective 1/31/91)

WAC 246-254-130   Radioactive waste disposal site surveillance fee.   (1) The department shall charge a radioactive waste site surveillance fee ((for radioactive waste site surveillance)) of twenty-six dollars per cubic foot to generators and brokers of LLRW (low-level radioactive waste) and NARM (naturally occurring and accelerator produced radioactive material).

(2) The fee shall be an added charge on each cubic foot of ((low-level waste)) LLRW and NARM disposed at the disposal site.

(3) The department shall authorize by contract the operator of a low-level radioactive waste disposal site to collect the fee from waste generators and brokers.

(4) The department shall provide for reimbursement to the site operator for collection costs.

(5) The department shall calculate the fee collected from waste generators and brokers as required under RCW 70.98.085 and the fee shall not exceed the statutory limit specified in that section.

(6) The site operator shall remit the fee to the department as follows:

(a) Quarterly for the first seven quarters of each biennium.

(b) By July 15 for the final quarter of the biennium.

[Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as 246-254-130, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.085. 90-11-126 (Order 050), 402-70-073, filed 5/23/90, effective 6/23/90.]

Washington State Code Reviser's Office