WSR 16-15-083
PERMANENT RULES
[Filed July 19, 2016, 2:13 p.m., effective August 19, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: WAC 246-247-035 National standards adopted by reference for sources of radionuclide emissions, this rule making updates the publication date from 2015 to the most recently adopted 2016 version of rules previously adopted by reference. This rule making does not make changes to any requirements previously adopted. This publication update is required for the department of health to receive full delegation of the Radionuclide Air Emissions Program from the Environmental Protection Agency.
Citation of Existing Rules Affected by this Order: Amending WAC 246-247-035.
Adopted under notice filed as WSR 16-11-009 on May 5, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.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: July 19, 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.
