WSR 16-11-009 PROPOSED RULES DEPARTMENT OF HEALTH [Filed May 5, 2016, 1:22 p.m.]
Original Notice.
Title of Rule and Other Identifying Information: WAC 246-247-035 National standards adopted by reference for sources of radionuclide emissions.
Hearing Location(s): Department of Health, Town Center 2, 111 Israel Road S.E., Room 145, Tumwater, WA 98513, on June 21, 2016, at 11:00 a.m.
Date of Intended Adoption: July 19, 2016.
Submit Written Comments to: Michelle K. Austin, Project Manager, Department of Health, P.O. Box 47820, Olympia, WA 98504-7820, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2250, by June 21, 2016.
Assistance for Persons with Disabilities: Contact Michelle K. Austin by June 17, 2016, 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 update the publication date of rules previously adopted by reference in WAC 246-247-035 National standards adopted by reference for sources of radionuclide emissions. The amendment makes no changes to any requirements previously adopted, but is required for the department of health (department) to receive full delegation of the radionuclide air emissions program from the United States Environmental Protection Agency (EPA).
Reasons Supporting Proposal: The intent of RCW 70.98.050 is to safely regulate the possession and use of radioactive material within the state of Washington. The intent of RCW 70.98.080(5) is to reduce redundant licensing requirements. The rule meets the intent of the statutes by adopting requirements as stringent as the federal requirements in order for the department to have full delegation authority from EPA.
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: Michelle K. Austin, 111 Israel Road S.E., Tumwater, WA 98504, (360) 236-3250; Implementation and Enforcement: John Martell, 309 Bardley 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 ind [industry standards].
May 5, 2016
Clark Halvorson
Assistant Secretary
AMENDATORY SECTION (Amending WSR 16-06-003, filed 2/17/16, effective 3/19/16)
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, ((2015)) 2016, 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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