PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 246-247-035 National standards adopted by reference for sources of radionuclide emissions, 246-247-075 Monitoring, testing, and quality assurance, and 246-247-080 Inspections, reporting, and recordkeeping.
Hearing Location(s): Department of Health, Point Plaza East, Room 152/153, 310 Israel Road S.E., Tumwater, WA 98501, on November 8, 2011, at 10:00 a.m.
Date of Intended Adoption: November 15, 2011.
Submit Written Comments to: Michelle K. Austin, Rules Coordinator, P.O. Box 47827, Olympia, WA 98504-7827, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2266, by November 8, 2011.
Assistance for Persons with Disabilities: Contact Michelle K. Austin by November 1, 2011, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is necessary to adopt federal requirements into chapter 246-247 WAC, Radiation protection -- Air emissions, WAC 246-247-035, 246-247-075 and 246-247-080, to obtain full delegation of the radioactive air emissions program. Currently the department of health (department) has partial delegated authority for national emission standards for hazardous air pollutants (NESHAPs) for radionuclide air emissions from the Environmental Protection Agency (EPA). EPA retains enforcement authority for specific actions. This partial delegation causes a duplication of regulatory oversight for licensees between the department and EPA.
Reasons Supporting Proposal: If the department adopts rules that are as stringent as the federal requirements, the department can request full delegation authority from EPA. To obtain full delegation from EPA and to have consistent rule language at the state level, the department is proposing to adopt rule language that is substantially equivalent to the department of ecology (ecology) WAC 173-400-105. This benefits licensees by providing a single point of regulatory oversight and licensing for radionuclide air emissions, and creating consistent requirements between the ecology and the department for air operating permits.
Statutory Authority for Adoption: RCW 70.98.050 and 70.98.080(5).
Statute Being Implemented: RCW 70.98.050 and 70.98.080(5).
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: John Martell, 309 Bradley Boulevard, Suite 201, Richland, WA 99352, (509) 946-3798.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Under RCW 19.85.025 and 34.05.310 (4)(c), a small business economic impact statement is not required for proposed rules that adopt or incorporate by reference - without material change - federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
A cost-benefit analysis is not required under RCW 34.05.328. The agency did not complete a cost-benefit analysis under RCW 34.05.328. RCW 34.05.328 (5)(b)(iii) exempts rules that adopt or incorporate by reference without material change federal statutes or regulations, Washington state law, the rules of other Washington state agencies, or national consensus codes that generally establish industry standards.
October 4, 2011
Mary C. Selecky
Secretary
OTS-4283.3
AMENDATORY SECTION(Amending WSR 05-12-059, filed 5/26/05,
effective 6/26/05)
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)) 2011, 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.
[Statutory Authority: RCW 70.98.050. 05-12-059, § 246-247-035, filed 5/26/05, effective 6/26/05.]
(2) Equipment and procedures used for the continuous monitoring of radioactive air emissions shall conform, as applicable, to the guidance contained in ANSI N13.1, ANSI N42.18, ANSI N323, ANSI N317, reference methods 1, 1A, 2, 2A, 2C, 2D, 4, 5, and 17 of 40 CFR Part 60, Appendix A, 40 CFR Part 52, Appendix E, and any other methods approved by the department.
(3) The operator of an emission unit with a potential-to-emit of less than 0.1 mrem/yr TEDE to the MEI may estimate those radionuclide emissions, in lieu of monitoring, in accordance with 40 CFR 61 Appendix D, or other procedure approved by the department. The department may require periodic confirmatory measurements (e.g., grab samples) during routine operations to verify the low emissions. Methods to implement periodic confirmatory monitoring shall be approved by the department.
(4) The department may allow a facility to use alternative monitoring procedures or methods if continuous monitoring is not a feasible or reasonable requirement.
(5) The following types of facilities shall determine radionuclide emissions in accordance with either a methodology referenced in subsections (1) through (4) of this section or the respective document referenced below:
(a) Nuclear power reactors licensed by the NRC: Offsite Dose Calculation Manual;
(b) Fuel fabrication plants licensed by the NRC: NRC's Regulatory Guide 4.16, dated December 1985;
(c) Uranium mills that are processing material: NRC's Regulatory Guide 4.14, dated April 1980.
(6) Licensed facilities shall conduct and document a quality assurance program. Except for those types of facilities specified in subsection (5) of this section, the quality assurance program shall be compatible with applicable national standards such as ANSI/ASME NQA-1-1988, ANSI/ASME NQA-2-1986, QA/R-2, and QA/R-5.
(7) Those types of facilities specified in subsection (5) of this section shall conduct and document a quality assurance program compatible with either the applicable national standards referenced in subsection (6) of this section or the NRC's Regulatory Guide 4.15, dated February 1979.
(8) Facilities shall monitor nonpoint and fugitive emissions of radioactive material.
(9) The department may conduct an environmental surveillance program to ensure that radiation doses to the public from emission units are in compliance with applicable standards. The department may require the operator of any emission unit to conduct stack sampling, ambient air monitoring, or other testing as necessary to demonstrate compliance with the standards in WAC 246-247-040.
(10) The department may require the owner or operator of an emission unit to make provision, at existing emission unit sampling stations, for the department to take split or collocated samples of the emissions.
(11) The planning for any proposed new construction or significant modification of the emission unit must address accidental releases with a probability of occurrence during the expected life of the emission unit of greater than one percent.
(12) All facilities must be able to demonstrate that appropriate supervisors and workers are adequately trained in the use and maintenance of emission control and monitoring systems, and in the performance of associated test and emergency response procedures.
(13) All facilities must be able to demonstrate the reliability and accuracy of the radioactive air emissions monitoring data.
(14) A person may not render inaccurate any monitoring device or method required under chapter 70.98 RCW, or any ordinance, resolution, regulation, permit, or order in force pursuant thereto.
[Statutory Authority: RCW 70.98.050. 04-18-094, § 246-247-075, filed 9/1/04, effective 10/2/04. Statutory Authority: Chapters 70.98 and 70.94 RCW and chapter 173-480 WAC. 94-07-010, § 246-247-075, filed 3/4/94, effective 4/4/94.]
(2) ((All reporting and recordkeeping requirements of 40
CFR 61, subparts H and I (as effective on October 9, 2002),
are adopted by reference, as applicable as specified by the
referenced subparts.)) The department may, upon request by a
nonfederal licensee, authorize provisions specific to that
nonfederal licensee, other than those already set forth in WAC 246-247-080 for nonfederal emission unit inspections,
reporting, or recordkeeping, so long as the department finds
reasonable assurance of compliance with the performance
objectives of this chapter.
(3) The facility shall annually submit to the department the information requirements adopted in subsection (2) of this section, as applicable, along with the following additional information, as applicable:
(a) The results of emission measurements for those emission units subject only to periodic confirmatory measurements;
(b) Wind rose or joint frequency table;
(c) Annual average ambient temperature;
(d) Annual average emission unit gas temperature, if available;
(e) Annual total rainfall;
(f) Annual average emission unit flow rate and total volume of air released during the calendar year.
If this additional information is available in another annual report, the facility may instead provide a copy of that report along with the information requirements in this subsection. Annual reports are due by June 30 for the previous calendar year's operations.
(4) Any report or application that contains proprietary or procurement-sensitive information shall be submitted to the department with those portions so designated. The department shall hold this information confidential, unless required to release the information pursuant to laws, regulations, or court order.
(5) The facility shall notify the department within twenty-four hours of any shutdown, or of any transient abnormal condition lasting more than four hours or other change in facility operations which, if allowed to persist, would result in emissions of radioactive material in excess of applicable standards or license requirements. If requested by the department, the facility shall submit a written report within ten days including known causes, corrective actions taken, and any preventive measures taken or planned to minimize or eliminate the chance of recurrence.
(6) The facility shall file a report of closure with the department whenever operations producing emissions of radioactive material are permanently ceased at any emission unit (except temporary emission units) regulated under this chapter. The closure report shall indicate whether, despite cessation of operations, there is still a potential for radioactive air emissions and a need for an active or passive ventilation system with emission control and/or monitoring devices. If decommissioning is planned and will constitute a modification, a NOC is required, as applicable, in accordance with WAC 246-247-060.
(7) The facility shall maintain a log for each emission unit that has received categorical approval under WAC 246-247-060(8). The log shall contain records of important operations parameters including the date, location, and duration of the release, measured or calculated radionuclide concentrations, the type of emissions (liquid, gaseous, solid), and the type of emission control and monitoring equipment.
(8) The facility shall maintain readily retrievable storage areas for all records and documents related to, and which may help establish compliance with, the requirements of this chapter. The facility shall keep these records available for department inspection for at least five years.
(9) The facility shall ensure all emission units are fully accessible to department inspectors. In the event the hazards associated with accessibility to a unit require training and/or restrictions or requirements for entry, the facility owner or operator shall inform the department, prior to arrival, of those restrictions or requirements. The owner or operator shall be responsible for providing the necessary training, escorts, and support services to allow the department to inspect the facility.
(10) The facility shall make available, in a timely manner, all documents requested by the department for review. The facility shall allow the department to review documents in advance of an inspection. The facility shall allow access to classified documents by representatives of the department with the appropriate security clearance and a demonstrable need-to-know.
(11) The facility shall respond in writing in a timely manner, or within a time limit set by the department, to inspection results which require the facility to implement corrective actions or any other actions so directed by the department.
(12) A person may not make any false material statement, representation, or certification in any form, notice, or report required under chapter 70.98 RCW, or any ordinance, resolution, regulation, permit, or order in force pursuant thereto.
[Statutory Authority: RCW 70.98.050. 04-18-094, § 246-247-080, filed 9/1/04, effective 10/2/04. Statutory Authority: Chapters 70.98 and 70.94 RCW and chapter 173-480 WAC. 94-07-010, § 246-247-080, filed 3/4/94, effective 4/4/94. Statutory Authority: RCW 43.70.040. 91-02-049 (Order 121), recodified as § 246-247-080, filed 12/27/90, effective 1/31/91. Statutory Authority: RCW 70.98.080. 87-01-031 (Order 2450), § 402-80-080, filed 12/11/86.]