The
DEC proposes to adopt regulation changes in Title 18, Chapter 75 of the Alaska
Administrative Code dealing with Oil and Other Hazardous Substances Pollution
Control, and Title 18, Chapter 78 of the Alaska Administrative Code dealing
with Underground Storage Tanks. The
changes include the following:
·
Amend
18 AAC 75.325 to clarify how existing cumulative risk thresholds are to be reported.
·
Amend
18 AAC 75.355 to
· permit a qualified
sampler to conduct certain activities when a qualified environmental
professional is not available;
· clarify language to
make this section consistent with language in 18 AAC 78.090(f) concerning the
department’s authority to waive the requirement for a “qualified impartial
third party;” and
· update the adopted-by-reference
version of the Environmental Protection Agency’s Standard Test Methods SW-846 and
adopted-by-reference version of the Underground Storage Tanks (UST) Procedures
Manual.
·
Amend
18 AAC 75.365 to reflect an updated adopted-by-reference document titled,
Operation Requirements for Soil Treatment Facilities.
·
Repeal
and readopt 18 AAC 75.370(a)(4) to provide a new table with updated standards
for bottom liners.
·
Amend
18 AAC 75.380 to include wording on how sampling results from contaminated soil
shall be calculated and presented.
·
Amend
18 AAC 75.390 to correct a typographical error.
·
Amend
definitions at 18 AAC 75.990 to:
· revise “groundwater” to
conform with the parallel definition in 18 AAC 70;
· provide a new
definition for “qualified environmental professional” to allow more flexibility
by including alternate ways to meet the definition; and
· provide a new definition
for “qualified sampler” to allow individuals with less experience to perform
certain activities.
·
Make
conforming changes throughout the chapter, including repealing the definition for
“qualified person” and replacing it with the term, “qualified environmental
professional” in the following sections: 18 AAC 75.335, 360, 365, 380, 390 and
990.
·
Amend
18 AAC 78.007 to reflect an updated adopted-by-reference version of the UST Procedures
Manual;
·
Amend
18 AAC 78.090 to:
· add a new
sub-subparagraph requiring excavated soil be field-screened and sampled for UST
in-place closure assessments; and
· update section (f) to
conform to section 18 AAC 75.355(b).
·
Amend
18 AAC 78.235 to:
· add language to
reference the waiver option in 18 AAC 78.090(f); and
· repeal subsection (c) because
it is redundant.
·
Amend
18 AAC 78.271 to allow a qualified sampler to conduct certain activities when a
qualified environmental professional is not available.
·
Amend
18 AAC 78.273 to reflect an updated adopted-by-reference document titled, Operation
Requirements for Soil Treatment Facilities.
·
Repeal
and readopt 18 AAC 78.274(a)(4) to provide a new table with updated standards
for bottom liners.
·
Amend
18 AAC 78.275 to remove reference to EPA’s Test Methods at SW-846 and replace
it with a reference to Table 1 of the UST Procedures Manual.
·
Amend
18 AAC 78.600 to:
· clarify the method of
reporting existing cumulative risk thresholds; and
· correct the out-of-date
reference to a since-updated version of the Cumulative Risk Guidance.
·
Amend
definitions in 18 AAC 78.995 to:
· provide a new
definition for “qualified environmental professional” to allow more flexibility
by including alternate ways to meet the definition; and
· provide a new definition
for “qualified sampler” to allow individuals with less experience to perform
certain activities.
·
Make
conforming changes throughout the chapter, including repealing the definition
for “qualified person” and replacing the term, “qualified impartial third party”
with the term, “qualified environmental professional” in the following
sections: 18 AAC 78.090, 235, 250, 271, 273, 275, 276, 600, 930 and 995.
·
Update
two DEC documents that are adopted by reference:
· Underground Storage
Tank Procedures Manual; and
· Operation Requirements
for Soil Treatment Facilities (previously titled the Soil Treatment Facility
Guidance).
·
Housekeeping
edits throughout the chapters to reflect the above changes, revise and clarify
wording, correct typographical errors, clarify information in tables, and correct
and update referenced regulations and updated documents.
You
may comment on the proposed regulation changes, including the potential costs
to private persons of complying with the proposed changes, by submitting
written comments to Sally Schlichting, Alaska Department of Environmental
Conservation, 410 Willoughby Ave., Suite 303, P.O. Box 111800, Juneau, AK
99811-1800, by facsimile at: (907) 465-5218, or by e-mail to sally.schlichting@alaska.gov. Alternatively, you may submit your comments
through the State of Alaska’s online public notice website at: http://aws.state.ak.us/OnlinePublicNotices/Default.aspx.
Comments must be
received by 5:00 p.m. on November 26, 2014.
Comments received after this date will not be considered in final action
on these rules.
If
you are a person with a disability who needs a special accommodation in order
to participate in this public process, please contact Eric Hotchkiss at (907) 465-6171
or TDD Relay Service 1-800-770-8973/TTY or dial 711 no later than November 19,
2014, to ensure that any necessary accommodations can be provided.
For a copy of the proposed regulation changes please see the documents attached at the bottom of this notice, or contact:
Susan Erben, Alaska Department of Environmental Conservation, 410
Willoughby Ave., Suite 303, P.O. Box 111800, Juneau, AK 99811-1800; by phone at
(907) 465-5206; by facsimile at (907) 465-5218; by email at susan.erben@alaska.gov. Or visit:
After the public comment period ends on November 26, 2014, DEC will either
adopt these or other provisions dealing with the same subject, without further
notice, or decide to take no action on them.
The language of the final regulations may be different from that of the
proposed regulations. You should comment
during the time allowed if your interests could be affected. Written
comments received are public records and are subject to public inspection.
Statutory Authority: AS
46.03.010, AS 46.03.020, AS 46.03.050, AS 46.03.070, AS 46.03.710
Statutes
Being Implemented, Interpreted, or Made Specific:
AS 44.46.020; AS 44.46.025; AS 46.03.020; AS 46.03.050; AS 46.03.070
AS 46.03.365; AS 46.03.375; AS 46.03.380; AS 46.03.405; AS 46.03.710
AS 46.03.740; AS 46.03.745; AS 46.03.755; AS 46.03.758; AS 46.03.822
AS 46.04.020; AS 46.04.030; AS 46.04.035; AS 46.04.055; AS 46.04.070
AS 46.04.110; AS 46.08.140; AS 46.09.010; AS 46.09.020; AS 46.09.060
AS 46.09.070; AS 46.23.020; AS 46.35.090; Sec. 7, Ch.
96, SLA 1990
Fiscal Information: The proposed
regulation changes are not expected to require an increased appropriation.
/s/
Larry
Hartig, Commissioner
Dated:
September 25, 2014
Juneau, Alaska
ADDITIONAL REGULATIONS NOTICE
INFORMATION
(AS 44.62.190(d))
1.
Adopting agency: Alaska Department of
Environmental Conservation
2.
General subject of regulation: Contaminated
sites and regulated underground storage tanks
3.
Citation of regulation (may be grouped):
18 AAC 75; 18 AAC 78
4.
Department of Law file number: JU2011200192
5.
Reason for the proposed action:
( )
compliance with federal law
( )
compliance with new or changed state statute
( )
compliance with court order
(X) development of program standards
( )
other: (please list)
6. Appropriation/Allocation: Spill Prevention and Response (AR
48500)/Contaminated Sites Program (AR 48502)
7. Cost
of implementation to the state agency and available funding (in thousands of
dollars): No additional costs expected
beyond regular program budget
8. The
name of the contact person for the regulations:
Name: Sally Schlichting
Title: Environmental Program Manager I
Address: Alaska Department of Environmental
Conservation, 410 Willoughby Ave., Suite 303, P.O. Box 111800, Juneau, AK
99811-1800
Telephone: (907) 465-5076
email address: sally.schlichting@alaska.gov
9. The origin of the proposed action:
__X__staff of state agency
_____ federal government
__X__ general public
_____ petition for regulation change
_____ other (please list)________________
10. Date: September 25, 2014
Prepared by:
Sally Schlichting
Environmental Program Manager I
(907)
465-5076