WSR 07-03-183

EXPEDITED RULES

DEPARTMENT OF ECOLOGY


[ Order 06-15 -- Filed January 24, 2007, 11:44 a.m. ]

Title of Rule and Other Identifying Information: Ambient air quality standards and emission limits for radionuclides, chapter 173-480 WAC.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Jerry Thielen, Washington Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600 , AND RECEIVED BY March 26, 2007.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: All of the changes to this regulation are to update to be consistent with applicable federal regulations.

Statutory Authority for Adoption: RCW 70.94.331.

Statute Being Implemented: Chapter 70.94 RCW.

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

Name of Proponent: Washington department of ecology, air quality program, governmental.

Name of Agency Personnel Responsible for Drafting: Tom Todd, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-7528; Implementation and Enforcement: Stuart Clark, P.O. Box 47600, Olympia, WA 98504-7600, (360) 407-6800.

January 23, 2007

Polly Zehm

Deputy Director

OTS-9351.1


AMENDATORY SECTION(Amending Order 86-04, filed 5/7/86)

WAC 173-480-030   Definitions.   Unless a different meaning is clearly required by context words and phrases used in this chapter shall have the following meanings: General terms common with other chapters as defined in chapter ((173-403)) 173-400 WAC, and terms specific to the standards and limits of radionuclides as defined in this section.

(1) "ALARA" means as low as reasonably achievable making every reasonable effort to maintain exposures to radiation as far below the dose standards in this chapter as is practical, consistent with the purpose for which the licensed activity is undertaken, taking into account the state of technology, the economics of improvements in relation to the state of technology, the economics of improvements in relation to benefits to the public health and safety, and other socioeconomic considerations, and in relation to the utilization of nuclear energy, ionizing radiation, and radioactive materials in the public interest.

(2) "As low as reasonably achievable control technology" (ALARACT) means the use of radionuclide emission control technology that achieves emission levels that are consistent with the philosophy of ALARA.

(3) Best available radionuclide control technology "BARCT" means technology which will result in a radionuclide emission limitation based on the maximum degree of reduction for radionuclides which would be emitted from any proposed new or modified emission units which the permitting authority on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such emission unit or modification through application of production processes or available methods, systems, and techniques. In no event shall application of best available radionuclide technology result in emissions of radionuclides which would exceed the ambient annual standard limitation specified in this chapter.

(((2) "Critical organ" means the most exposed human organ or tissue exclusive of the skin (integumentary system) and the cornea.

(3) "Dose equivalent" means the product of absorbed dose and appropriate factors to account for differences in biological effectiveness due to the quantity of radiation and its distribution in the body.))

(4) "Effective dose equivalent" means the sum of the products of absorbed dose and appropriate factors to account for differences in biological effectiveness due to the quality of radiation and its distribution in the body of reference man.

(5) "Radionuclide" means any nuclide that emits radiation.

(((5))) (6) "Rem" means a unit of dose equivalent radiation.

(((6) "Whole body" means all human organs or tissue exclusive of the skin (integumentary system) and the cornea.))

[Statutory Authority: RCW 70.94.331. 86-10-053 (Order 86-04), 173-480-030, filed 5/7/86.]


AMENDATORY SECTION(Amending Order 86-04, filed 5/7/86)

WAC 173-480-040   Ambient standard.   Emissions of radionuclides in the air shall not cause a maximum ((accumulated)) effective dose equivalent of more than ((25)) 10 mrem/y to the whole body ((or 75 mrem/y to a critical organ of)) to any member of the public. ((Doses due to radon-220, radon-222, and their respective decay products are excluded from these limits.)) Compliance with the standard shall be determined by procedures in WAC 173-480-070.

[Statutory Authority: RCW 70.94.331. 86-10-053 (Order 86-04), 173-480-040, filed 5/7/86.]


AMENDATORY SECTION(Amending Order 86-04, filed 5/7/86)

WAC 173-480-050   General standards for maximum permissible emissions.   (1) All radionuclide emission units are required to meet the emission standards in this chapter. At a minimum all emission units shall meet ((WAC 402-10-010)) chapter 246-247 or 246-248 WAC (as applicable) requiring every reasonable effort to maintain radioactive materials in effluents to unrestricted areas, as low as reasonably achievable (ALARA). For the purposes of this chapter, control equipment of facilities operating under ALARA shall be defined as reasonably ((available)) achievable control technology (RACT).

(2) ((PSD: The emission requirements for an emission unit of radionuclides shall be the same for all areas of the state independent of prevention of significant deterioration (PSD) classification.

(3))) Whenever another federal or state regulation or limitation in effect controls the emission of radionuclides to the ambient air, the more stringent control of emissions shall govern.

[Statutory Authority: RCW 70.94.331. 86-10-053 (Order 86-04), 173-480-050, filed 5/7/86.]


AMENDATORY SECTION(Amending Order 86-04, filed 5/7/86)

WAC 173-480-070   Emission monitoring and compliance procedures.   (1) The procedures specified in chapter ((402-80 WAC)) 246-247 or 246-248 WAC (as applicable) shall be used to determine compliance with the standard. Radionuclide emissions shall be determined and dose equivalents to members of the public shall be calculated using department of ((social and)) health ((services)) approved sampling procedures, department of ((social and)) health ((services)) approved models, or other procedures, including those based on environmental measurements that department of ((social and)) health ((services)) has determined to be suitable.

(2) Compliance with this standard shall be determined by calculating the dose to members of the public at the point of maximum annual air concentration in an unrestricted area where any member of the public may be.

[Statutory Authority: RCW 70.94.331. 86-10-053 (Order 86-04), 173-480-070, filed 5/7/86.]


AMENDATORY SECTION(Amending Order 86-04, filed 5/7/86)

WAC 173-480-080   Regulatory actions and penalties.   (1) The department or any activated local air pollution control authority may enforce this chapter with the provisions of WAC ((173-403-170)) 173-400-230, Regulatory actions; and ((173-403-180)) 173-400-240, Criminal penalties.

(2) The responsible person may also be subject to the provisions of RCW ((34.04.030)) 34.05.350, Emergency rules and amendments; RCW 70.98.130, Administrative procedure; RCW 70.98.140, Injunction proceedings; and RCW 70.98.200, Penalties as cited by the department of ((social and)) health ((services)).

[Statutory Authority: RCW 70.94.331. 86-10-053 (Order 86-04), 173-480-080, filed 5/7/86.]

Washington State Code Reviser's Office