Status Report on Department of Environmental Conservation Regulations Projects

3/3/98

Note: the names seemingly randomly inserted thru out the text are the individuals writing the regs.

This is an updated summary of pending and projected amendments to DEC's regulations.

18 AAC 50 AIR QUALITY CONTROL [John Kuterbach, 465-5118; Bill Walker, 465-5124]

Revising the construction permit regulations after negotiated rulemaking, with additional Mary Lundquist changes and clarification to other sections. [John Kuterbach] Adding federal landfill emissions requirements [Bill Walker]. Controversial sections held back for further negotiated rulemaking. Public notice issued 8/4/97. Public hearing, 9/8/97. Comment period ended 9/15/97. Adopted 12/2/97.

18 AAC 60 SOLID WASTE [Janice Adair, 269-7645, Glenn Miller, 465-5153]

Technical corrections, additional flexibility for Class II and III landfills as a result Steven Daugherty of Congressional exemptions, and adopting the federal financial assurance requirements. Public notice issued 8/4/97. Extended on 11/18/97 -- Comment period ended 1/19/98

18 AAC 75 CONTAMINATED SITES REMEDIATION. [Rich Cormack, 465-5204]

Cleanup Standards. Public notice, 12/18/96. Includes amendment to 18 AAC 70, Water Jim Cantor Quality Standards. Extended to 4/18/97. Comment period extended to January 30, 1998. Adoption planned by late February or early March. This project must have the same effective date as 18 AAC 78 (file 993-97-0111) because it adopts by reference some of those standards.

18 AAC 78 UNDERGROUND STORAGE TANKS. [Cynthia Pringham, 465-5301].

Revising laboratory analytical methods specific to Alaska conditions. Steven Daugherty Cleanup standards to coordinate with contaminated sites project in 18 AAC 75. Comment period ended 5/16/97. Adoption planned by end of December. This project must have the same effective date as 18 AAC 75 (file 993-96-0031) because it adopts by reference some of those standards.

18 AAC 32 MILK, ANIMAL & POULTRY PROCESSING. [Dr. Bert Gore, 745-3236; Janice Adair, 269-7645]

Comprehensive rewrite and update to federal Jim Cantor standards. Public notice 1/15/98. Comment period ends 3/2/98.

18 AAC 50 AIR QUALITY CONTROL [Bill Walker, 465-5124]

Changes needed to obtain full EPA approval of Alaska's operating permit program. Steven Daugherty Public notice 1/16/98; comment period ends 2/17/98.

18 AAC 50/53 AIR QUALITY CONTROL (SIP) AND OXYFUEL [Barbara Shepherd, 465-5176]

Changes to transportation conformity process because Anchorage failed to attain national Leroy Latta ambient air quality standards for carbon monoxide. Public notice issued 1/16/98; comment period ends 3/16/98.

18 AAC 72 DOMESTIC WASTEWATER DISPOSAL - PHASE I. [Janice Adair, 269-7645; David Johnson, 465-262-5210]

Eliminating "nonessential requirements while Mary Lundquist maintaining adequate protection of public health and environ-ment." Address concerns regarding bank loan certifications and other matters. Repeal subdivision plan review regulations. Rearrange chapter to make it easier to follow and understand. Public notice issued 2/20/98. Comment period ends 4/6/98.

18 AAC 30 ENVIRONMENTAL SANITATION [Napolilli]

Schools: Clarify that no lead paint may be present on any surface to which children would have access. Barbershops, Public Toilets portion to be reviewed in FY97 because of prioritized workloads.

18 AAC 36 ANIMAL HEALTH. [Dr. Bert Gore, 745-3236]

(Update rabies reference) (Add requirements for elk and reindeer; adding and updating various testing requirements) Contains incorrect references to federal law.

18 AAC 70 WATER QUALITY STANDARDS. [Susan Braley, 465-5308; and Pamela Grefsrud, 269-7568]

These revisions are proposed as a result of a year-long effort of the Governor's Water Quality Work Group that was formed to assist DEC in resolving problems with several priority water quality issues. The revisions are based on the principles of good science and prudent management decisions in applying Alaska-specific conditions.

18 AAC 72 DOMESTIC WASTEWATER DISPOSAL - PHASE I. [Janice Adair, 269-7645;David Johnson, 465-262-5210]

Eliminating "nonessential requirements while maintaining adequate protection of public health and environ-ment." Address concerns regarding bank loan certifications and other matters. Repeal subdivision plan review regulations. Rearrange chapter to make it easier to follow and understand. Public notice planned by mid-February.

18 AAC 75 OIL SPILL REGS. [Glenn Adams, 465-5228; Ken Rogowski, 269-7540]

Adjust financial responsibility requirements to CPI, as required by AS 46.94.045. Comment period ended 10/10/96. Because of one-year staleness rule and unresolved issues regarding scope of amendments, must go back to notice.

18 AAC 80 DRINKING WATER. [Janice Adair, 269-7645; Joe Cottingham, 465-5325]

Fee increase; improvements to regulations; remove guidance from procedures manual Mary Lundquist for placement in a strictly guidance manual; shorten procedures manual by moving substance into regulations and allowing the objectives and background elements of existing manual to become historic reference document.

18 AAC 85 RADIATION PROTECTION [Doug Dasher, 451-2172]

Repealing sections transferred to DHSS dealing with X-rays, lasers, and Cam Leonard microwaves. Update sections under DEC authority. Repeal project to occur in spring 1996, with updating project to occur thereafter.

RADIOACTIVE MATERIALS. [Doug Dasher, 451-2172]

Develop regulations under AS 46.03.250/260 for Normally Occurring Radioactive Material. Update Northwest Interstate Compact on Low-Level Radioactive Waste. Public review draft incorporating comments from State of Washington's attorney nearly completed. Anticipate public notice by early September.

18 AAC 15 & PERMIT PROCEDURES/COMPLIANCE PROCEDURES. 18 AAC 95 [Billie Wilson, 465-5061]

Repealing 18 AAC 95 and merging with 18 AAC 15, 993-96-0080 with comprehensive rewrite of 18 AAC 15. All DEC attorneys at Dept. of Law Jim Cantor submitted suggestions for improvement. The suggestions were incorporated, the attorneys reviewed them and submitted comments to Jim Cantor to work out conflicts.

18 AAC 30 OVERNIGHT/TOURIST ACCOMMODATIONS [Janice Adair]

18 AAC 30 SWIMMING POOLS & SPAS [Janice Adair/CoryWillis/Nancy Napolilli]

Update basic sanitary requirements, establish recognition program for facilities that go beyond compliance. Industry work group established.

18 AAC 50 AIR QUALITY CONTROL [Bob Hughes, 465-5122]

Open Burning User Fees for activities that do not require a permit (emit less than 100 tons per year).

18 AAC 50/52 AIR QUALITY CONTROL (SIP re I/M) [Sally Ryan, 465-5127]

EPA allowed us to claim additional credit for the state's I/M program. We were required to submit our estimate of the actual effectiveness of our decentralized program (compared to a centralized program) by March 1996. EPA gave us 18 months to "prove" that our estimate is accurate. Next SIP submittal will show that our estimate is accurate.

18AAC 55 SMOKING IN PUBLIC PLACES. [Janice Adair, 269-7645]

While this chapter was repealed to remove outdated rules, it needs to be updated to reflect changes to statutes. Anticipate public notice during FY99

18 AAC 62 HAZARDOUS WASTE

(federal updates and other changes, including repealing fees to reflect statutory changes).

18 AAC 63 SITING/HAZARDOUS WASTE (Update federal -requirements)

18 AAC 70 WATER QUALITY STANDARDS. [Pamela Grefsrud, 269-7568]

Phase 2 and 3 Triennial Review. Include amending the error Katy found in the toxics column for marine water uses, which incorrectly references drinking water standards.

18 AAC 70 WATER QUALITY STANDARDS. [Paul Bateman, 451-2102]

Site-specific criteria for two creeks near Red Dog Mine. First comment period ended Cam Leonard 2/14/97. Extended to 3/1/97. Project on hold while Cominco completes more studies. Because of "one-year staleness rule," this project would need to be renoticed.

18 AAC 70 & Water Quality Standards and Industrial Wastewater Disposal

18 AAC 72 Amend simultaneously to state that decanting operations during an oil spill emergency are not subject to either chapter and do not require permit. Perhaps could be handled under general permit process.

18 AAC 72 & INDUSTRIAL WASTEWATER DISPOSAL.

Ensure that user fee must be paid in full before federal certification can be considered a state permit.

18 AAC 72 INDUSTRIAL WASTEWATER DISPOSAL. [Pete McGee, 451-2101].

Workload ranking model to develop waivers and administrative renewals for certain permits and certifications.

18 AAC 72 DOMESTIC WASTEWATER DISPOSAL - PHASE II. [Janice Adair]

Clarify intent of 220(g). Comment period ended 5/10/96. Adopted 220(g) portion;Mary Lundquist thereafter withdrew adoption to renotice proposal for additional comment. Adopted certified installer portion 6/19/96. Will include other issues raised by working group.

18 AAC 75 OIL SPILL REGS. [Chris Pace, 465-5231]

Remove duplication with DGC's regulations, 65-day review period, and other Breck Tostevin changes. MUST GO TO RE-NOTICE because of "one-year staleness rule."

18 AAC 75 OIL & HAZARDOUS SUBSTANCE

Hazardous Substance Spill Technology Review Council's pre-approval procedures and protocols. AS 46.08.070(d) mandates cost recovery regulations.

18 AAC 78 UNDERGROUND STORAGE TANKS. [Ben Thomas, 465-5206

Developing third-party inspection program. Workgroup being formed to discuss model regulations. Anticipate public notice by May or June 1998.

18 AAC 79 MINING WASTEWATER [Pete McGee]

(Cyanide/Heap Leach; AMA has requested formation of a new working group to review regulations for overlap with other programs.

18 AAC 80 DRINKING WATER. [James Weise]

See federal deadlines in attachment.

ATTACHMENT - MONTHLY REGULATORY STATUS REPORT:

FEDERAL AND OTHER DEADLINES

(In some cases, state regulations must be in place by these dates to avoid federal sanctions)

April 9, 1997 18 AAC 60. SOLID WASTE. Requirement for all landfills to obtain financial assurance.

March 30, 1998 Latest possible date to issue public notice regarding continued suspension of subdivision plan review regulations in 18 AAC 72, article 3.

11/98 18 AAC 80. DRINKING WATER. Disinfection and Disinfection By-Products Rule; interim enhanced Surface Water Treatment Rule.

2001 18 AAC 80. DRINKING WATER. Groundwater Disinfection Rules

1/2001 18 AAC 80. Arsenic Rule.

2000 18 AAC 80. Radon Rule