WSR 05-08-019

PROPOSED RULES

DEPARTMENT OF HEALTH


[ Filed March 29, 2005, 11:27 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Radiation protection -- Air emissions, WAC 246-247-035 Adoption of national standards for sources of radionuclide air emissions.

Hearing Location(s): Washington State Department of Health, Town Center East, Room 363, 101 Israel Road S.E., Tumwater, WA 98501, on May 10, 2005, at 10:00.

Date of Intended Adoption: May 15, 2005.

Submit Written Comments to: A. W. Conklin, Washington Department of Health, Office of Radiation Protection, P.O. Box 47827, Olympia, WA 98504-7827, e-mail http://www3.doh.wa.gov/policy review/, fax (360) 236-2255, by May 10, 2005.

Assistance for Persons with Disabilities: Contact Joy Redman at (360) 236-3260, TTY (888) 833-6388.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This revision is to add a new section (WAC 246-247-035) which adopts by reference, without material change, the federal standards for radionuclide emissions contained in 40 C.F.R. 61 Subparts A, B, H, I, K, Q, R, T, and W. The effect from this action makes Washington state regulations equivalent to the federal rules and allows delegation of the Environmental Protection Agency's authority over airborne emissions of radionuclides to the Department of Health.

Reasons Supporting Proposal: Delegation of National Emissions Standards for Hazardous Air Pollutants (NESHAPs) authority from the EPA to the Department of Health reduces the potential for dual regulation of federal and private facilities that are currently under applicable state and federal rules.

Statutory Authority for Adoption: RCW 70.98.050.

Statute Being Implemented: RCW 70.98.050.

Rule is necessary because of federal law, 40 C.F.R. 63 Subpart E.

Name of Proponent: Washington State Department of Health, governmental.

Name of Agency Personnel Responsible for Drafting: John Schmidt, Richland, (509) 946-3874; Implementation and Enforcement: Allen Conklin, Olympia, (360) 236-3261.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is exempt from the requirements of chapter 19.85 RCW pursuant to RCW 19.85.25(3) [19.85.025(3)]. Further, there are no small businesses within the regulated industry required to comply with the proposed rule and thus there is no disproportionate impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. This rule meets the exception provided in RCW 34.05.328 (5)(b)(iii) in that it adopts federal regulations without material change. However, adoption by reference will allow delegation of the applicable subparts to the state for administration and enforcement reducing dual regulation cost.

March 29, 2005

M. C. Selecky

Secretary

OTS-7848.2


NEW SECTION
WAC 246-247-035   National standards adopted by reference for sources of radionuclide emissions.   (1) The following federal standards, as in effect on July 1, 2004, are adopted by reference except as provided in subsections (2) and (3) of this section.

These standards apply in addition to other requirements of this chapter.

(a) For federal facilities:

(i) 40 CFR Part 61, Subpart A - General Provisions.

(ii) 40 CFR Part 61, Subpart H - National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities.

(iii) 40 CFR Part 61, Subpart I - National Emission Standards for Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H.

(iv) 40 CFR Part 61, Subpart Q - National Emission Standards for Radon Emissions From Department of Energy Facilities.

(b) For nonfederal facilities:

(i) 40 CFR Part 61, Subpart A - General Provisions.

(ii) 40 CFR Part 61, Subpart B - National Emission Standards for Radon Emissions From Underground Uranium Mines.

(iii) 40 CFR Part 61, Subpart K - National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants.

(iv) 40 CFR Part 61, Subpart R - National Emissions Standards for Radon from Phosphogypsum Stacks.

(v) 40 CFR Part 61, Subpart T - National Emission Standards for Radon Emissions From the Disposal of Uranium Mill Tailings.

(vi) 40 CFR Part 61, Subpart W - National Emission Standards for Radon Emissions From Operating Mill Tailings.

(2) References to "Administrator" or "EPA" in 40 CFR Part 61 include the department of health except in any section of 40 CFR Part 61 for which a federal rule or delegation indicates that the authority will not be delegated to the state.

(3) Any change or alternative to standards, emission monitoring and test procedures, compliance and reporting requirements, or recordkeeping requirements must be approved by EPA.

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Washington State Code Reviser's Office