Agenda Date: December 9, 1998
Item Number:

Docket:   UR-980080 
   Rulemaking for Operators of Low-Level Radioactive Waste 
   Disposal Sites

Staff:   Sondra Walsh, Policy Research Specialist
   Gene Eckhardt, Assistant Director Water and Transportation
   Penny Hansen, Public Involvement Coordinator
   Lori Kanz, Consumer Program Specialist
   Ann Rendahl, Assistant Attorney General
   Bob Wallis, Review Judge
   Mary Sprouffske, Rules Coordinator
     
Recommendation:

Adopt, amend, and repeal the attached provisions in chapter 480-92 WAC 
governing Operators of Low-Level Radioactive Waste Disposal Sites.  

Rulemaking Process:

On February 25, 1998, the Commission filed a preproposal statement of inquiry
(CR-101) with the Office of the Code Reviser to initiate a review of the rules 
in Chapter 480-92 of the Washington Administrative Code (WAC) pertaining to 
operators of low-level radioactive waste disposal sites.  This review is in 
compliance with the Governor’s Executive Order 97-02 which requires agencies to 
review their rules for clarity, intent and statutory authority, need, 
effectiveness and efficiency, coordination, cost and fairness.

The process consisted of soliciting written comments from all interested 
persons and holding two stakeholder meetings.  Staff developed and mailed to 
interested persons drafts of the rules for discussion.  Written comments and 
participation at the stakeholder meeting have been minimal.  Only US Ecology, 
the site operator currently regulated by the Commission, submitted written 
comments.  Participants at the first stakeholder meeting included US Ecology, 
University of Washington, and Commission staff. Participants at the second 
stakeholder meeting were US Ecology and Commission staff. 
On September 30, 1998, the Commission directed the Secretary to file a Notice 
of Proposed Rulemaking (CR-102) with the Code Reviser.  The comment period for 
this rulemaking ended November 24, 1998.  No comments have been received.  

.  


Docket UR-980080
December 9, 1998
Page 2
Overview of the proposed rule changes:

The proposed rules make several changes to the existing rules.  The new rules 
clarify the definition of low-level radioactive to exclude “naturally occurring 
or accelerator produced radioactive material.”  The proposed rules eliminate 
the definitions and rules pertaining to the initial rate proceeding and the 
initial rate filing established at the onset of regulating this industry.  
Additionally, the proposed rules expand customer notice requirements for tariff 
filings, change the time annual reports are due, and change the semi-annual 
reporting requirements to annual reporting to implement a recent amendment to 
RCW 81.108.050(3).

Copies of all meeting notices mailed by the Commission, discussion drafts, 
written comments and all materials upon which staff has relied in this 
rulemaking process are included in the rulemaking file, which is located in the 
Commission’s record management section. 

Staff recommends the Commission adopt, amend, and repeal the rules in
Chapter 480-92 WAC governing Operators of Low-Level Radioactive Waste Disposal 
Sites.