SUPPLEMENTAL NOTICE OF PROPOSED CHANGES ON MANAGEMENT OF WASTE GENERATED BY OIL AND GAS EXPLORATION AND COAL COMBUSTION, SOLID WASTE TREATMENT AND USER FEES IN THE REGULATIONS OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

BRIEF DESCRIPTION

The Alaska Department of Environmental Conservation (ADEC) proposes to amend regulations regarding storage, treatment, and disposal requirements for oil and gas exploration and production waste, reuse and disposal requirements for coal ash. The amendments also address treatment requirements for small waste treatment facilities for medical waste and biosolids, as well as updating user fees.

The ADEC proposes to adopt regulation changes in Title 18, Chapter 60 of the Alaska Administrative Code, dealing with waste reuse, storage, treatment and disposal, including the following:

1. 18 AAC 60.005 is amended to exclude drilling waste treatment facilities, facilities treating sewage solids or septage to create biosolids, and medical waste treatment facilities from the exemption for small treatment facilities.

2. 18 AAC 60.007 and 18 AAC 60.008 are repealed and replaced with new sections at       18 AAC 60.007, 18 AAC 60.008, and 18 AAC 60.009 that establish revised standards for beneficial use of solid waste as structural fill material or as an ingredient in a manufactured product.

3. 18 AAC 60.200 is amended to clarify small treatment facilities permitting requirements and allow for approval of short-term solid waste treatment facilities via plan approval rather than permit.

4. 18 AAC 60.210 is amended to establish standards specific to a coal ash landfill application.

5. 18 AAC 60.410 is amended to establish location standards for a coal ash landfill.

6. 18 AAC 60.430 is amended to eliminate provisions for drilling waste disposal facilities.

7. 18 AAC 60.432 is established to set new standards for drilling waste disposal facilities.

8. 18 AAC 60.440 is amended to establish closure standards for inactive reserve pits.

9. 18 AAC 60.465 is established to set design criteria for a coal ash landfill.

10. 18 AAC 60.466 is established to set monitoring criteria for a coal ash landfill.

11. 18 AAC 60.467 is established to set closure standards for a coal ash landfill.

12. 18 AAC 60.468 is established to set post-closure care standards for a coal ash landfill.

13. 18 AAC 60.490 is amended to reflect revised closure standards established in 18 AAC 60.432 for drilling waste disposal facilities.

14. 18 AAC 60.505 is amended to reference more recent revisions of 40 C.F.R. 503.

15. 18 AAC 60.510(b) is amended to clarify requirements for biosolids.

16. 18 AAC 60.700 is repealed and readopted to update user fees.

17. 18 AAC 60.990 is amended to add, modify, and repeal definitions.

This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued on April 25, 2017, concerning these proposed regulation revisions contained in the Department of Law file number JU201320245. This SUPPLEMENTAL NOTICE is being issued to extend the public comment period by 30 days to receive additional public comments.

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 Rebecca Colvin, ADEC Division of Environmental Health at 555 Cordova St. Anchorage, AK 99501. Additionally, the ADEC will accept comments by facsimile at (907) 269-7510 and by electronic mail at rebecca.colvin@alaska.gov. The comments must be received not later than 5:00 p.m. on June 26, 2017.

You may submit written questions relevant to the proposed action to Rebecca Colvin by email at rebecca.colvin@alaska.gov or at 555 Cordova St. Anchorage, AK 99501. The questions must be received at least 10 days before the end of the public comment period. The ADEC will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and at http://dec.alaska.gov/eh/sw/.

If you are a person with a disability who may need a special accommodation in order to participate in this process, please contact Natalie Wolfe at (907) 269-0291 or TDD Relay Service 1-800-770-8973/TTY not later than June 19, 2017 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Rebecca Colvin by email at rebecca.colvin@alaska.gov or online at http://dec.alaska.gov/eh/sw/.

After the public comment period ends, the ADEC will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and subject to public inspection.

Statutory authority: AS 46.03.020; AS 46.03.100, AS 44.46.025

Statutes being implemented, interpreted, or made specific: AS 44.46.020; AS 46.03.100

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

Date:   May 16, 2017

                        /s/                                         
Larry Hartig, Commissioner
Department of Environmental Conservation