WSR 16-06-003 PERMANENT RULES DEPARTMENT OF HEALTH [Filed February 17, 2016, 1:55 p.m., effective March 19, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: The department of health is adopting WAC 246-247-035 National standards adopted by reference for sources of radionuclide emissions, to update the publication date of federal rules previously adopted by reference. This adoption does not change any requirements and is necessary only to meet United States Environmental Protection Agency requirements for the department of health to receive full delegation of the radioactive air emissions program.
Citation of Existing Rules Affected by this Order: Amending WAC 246-247-035.
Adopted under notice filed as WSR 15-24-010 on November 18, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: February 19, 2016.
Maryanne Guichard
Assistant Secretary
AMENDATORY SECTION (Amending WSR 12-01-071, filed 12/19/11, effective 1/19/12)
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, ((2011)) 2015, 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 C.F.R. Part 61, Subpart A - General Provisions.
(ii) 40 C.F.R. Part 61, Subpart H - National Emission Standards for Emissions of Radionuclides Other Than Radon From Department of Energy Facilities.
(iii) 40 C.F.R. 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 C.F.R. Part 61, Subpart Q - National Emission Standards for Radon Emissions From Department of Energy Facilities.
(b) For nonfederal facilities:
(i) 40 C.F.R. Part 61, Subpart A - General Provisions.
(ii) 40 C.F.R. Part 61, Subpart B - National Emission Standards for Radon Emissions From Underground Uranium Mines.
(iii) 40 C.F.R. Part 61, Subpart K - National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants.
(iv) 40 C.F.R. Part 61, Subpart R - National Emissions Standards for Radon from Phosphogypsum Stacks.
(v) 40 C.F.R. Part 61, Subpart T - National Emission Standards for Radon Emissions From the Disposal of Uranium Mill Tailings.
(vi) 40 C.F.R. Part 61, Subpart W - National Emission Standards for Radon Emissions From Operating Mill Tailings.
(2) References to "Administrator" or "EPA" in 40 C.F.R. Part 61 include the department of health except in any section of 40 C.F.R. 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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