National Standards Adopted by Reference for Sources of Radionuclide Emissions Rule Revision

What's Happening?

We are considering proposed rule amendments to WAC 246-247-035 - National standards adopted by reference for sources of radionuclide emissions. The amendments will update the publication date of the federal rules adopted by reference under 40 C.F.R. Part 61 from 2023 to the most recently adopted 2024 version. The amendment makes no changes to any requirements previously adopted but is required for the department to receive full delegation of the Radionuclide Air Emissions Program from the U.S. Environmental Protection Agency (EPA).        

We filed a CR-102 – Proposed Rule Making (PDF) on May 17, 2024.

Why?

The U.S. Environmental Protection Agency (EPA) updates the federal code each year even when no amendments to the requirements are made. EPA requires us to adopt the annual updated publication date into state rule to receive full delegation of the Radionuclide Air Emissions Program.

The Department of Ecology or a local air pollution control authority administers Title V of the federal Clean Air Act and issues all Air Operating Permits. When a facility emits radionuclides, we issue an Air Emissions License under RCW 70A.388.040. To obtain full delegation for regulation of radionuclide air emissions from EPA, we must adopt rules that are at least as stringent as the applicable federal requirements.

Public Hearing

We are holding a public hearing on June 25, 2024, at 3:30 p.m. to receive public testimony. The hearing will be hybrid so individuals may participate in person or virtually.

The in-person hearing will be held at:

Department of Health, Town Center 2, Rooms 166/167
111 Israel Road SE, Tumwater, WA. 98501

Virtual participation requires registration. After registering, you will receive a confirmation email containing information about joining the webinar.

If you wish to submit written formal comments about this rulemaking you may submit them by close of business on June 25, 2024, to:

Mail: 
Washington State Department of Health
C/O Nina Helpling - EPH OAS
PO Box 47820, Olympia, WA 98504-7824

Email: radruleupdates@doh.wa.gov      

Online: Agency Rules Comment Page

All comments received, whether by email or online, virtually, or in-person will be given the same consideration. We encourage you to comment in a manner that is most convenient for you.

Rulemaking Files

Document What's This? Date Filed
CR-102 (PDF) Announces proposed rule making May 17, 2024
WAC 246-247-035 (PDF) Proposed chapter amendments N/A

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Contacts

Nina Helpling, Rules Coordinator

Crystal Mathey, Office of Radiation and Protection