WSR 15-20-087
[Filed October 5, 2015, 3:43 p.m.]
Subject of Possible Rule Making: WAC 246-247-035 National standards adopted by reference for sources of radionuclide emissions.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.98.050 and 70.98.080.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: This rule making is necessary to update the federal rules (40 C.F.R. 61) adopted by reference in WAC 246-247-035. As the radiation control agency for Washington state under RCW 70.98.050, the department of health (department) must implement and enforce the National Emission Standards for Hazardous Air Pollutants when an air emissions license is part of an air operating permit issued by the department of ecology. To retain oversight and full delegation for regulation of radionuclide air emissions from the United States Environmental Protection Agency (EPA), the department rules must be at least as stringent as the federal rules. The department does this by adopting the most current federal rules by reference.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: This rule revision will allow the department to retain full delegation of the National Emissions Standards for Hazardous Air Pollutants for radionuclide air emissions from EPA and will eliminate duplication with EPA licensing requirements. This rule revision will also provide consistency between department of health and department of ecology rules related to air operating permits. Department of health staff will inform partners at EPA and the department of ecology about the rule revision to adopt the most recent federal rules.
Process for Developing New Rule: The department will use a collaborative approach to involve stakeholders and interested parties by providing information via letters, the office of radiation protection's web site, e-mail lists, and the department's rule-making web site. The department will also hold a public hearing to gather comments on the proposed rule prior to rule adoption.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Michelle K. Austin, Rules Coordinator, Office of Radiation Protection, P.O. Box 47827, Olympia, WA 98504-7827, phone (360) 236-3250, e-mail Stakeholders can review and provide comments on the draft rule during the formal comment period or at the public hearing.
October 5, 2015
John Wiesman, DrPH, MPH