SUPPLEMENTAL NOTICE OF PROPOSED REGULATIONS IN THE NATURALLY OCCURRING ASBESTOS PROGRAM

STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES

This Supplemental Notice incorporates by reference the initial Notice of Proposed Regulations published on April 6 and 13, 2014.  The reason for this Supplemental Notice is that the Department of Transportation and Public Facilities has developed an NOA Sampling Protocol which it intends to incorporate into the NOA program regulations by reference.  The Department of Transportation & Public Facilities (DOT&PF) supplements its notice of proposed regulations in Title 17 AAC 97.010 – 17 AAC 97.060 of the Alaska Administrative Code, dealing with the Naturally Occurring Asbestos regulation, to include the following:

(1)        The DOT&PF NOA Sampling and Classification Protocol which is proposed to be adopted by reference at 17 AAC 97.020 of the regulation.

A copy of the DOT&PF NOA Sampling Protocol may be obtained by writing to the Alaska Department of Transportation and Public Facilities, P.O. Box 112500, Juneau, Alaska, 99811-2500.  Electronic copies may be viewed through the Alaska DOT&PF website at:

http://www.dot.state.ak.us/stwddes/desmaterials/noa.shtml

You may comment on the proposed regulations, including the addition of the above-noted incorporated item, and including the potential costs to private persons of complying with the proposed regulations, by submitting written comments to Roger Healy, Chief Engineer at P.O. Box 112500 Juneau, AK 99811-2500. Additionally, the DOT&PF will accept comments by facsimile at (907)465-2460 and by electronic mail at roger.healy@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the "comment" link. The comments must be received no later than 5:00p.m. on January 15, 2015.

You may comment on any or all of the proposed regulations at this time.  If you have already commented on these proposed regulations, your comments will be considered and you do not have to comment on them again unless you wish to add to your comments in light of the additional Protocol to be incorporated by reference in the regulations. 

If you are a person with a disability who needs a special accommodation in order to participate in this process please contact Shannon Erickson at (907) 465-6950 or TDD Relay Service 1-800-770-8973/TTY or dial 711 no later than 5:00 pm on January 2, 2015 to ensure that any necessary accommodations can be provided.

For a copy of the proposed regulations, or a copy of the proposed NOA Sampling Protocol, contact Statewide Design and Engineering Services Division, at 3132 Channel Drive, Juneau, Alaska 99811-2500 or (907) 465-3900 or go to http://www.dot.state.ak.us/stwddes/desmaterials/noa.shtml

After the public comment period ends, the DOT&PF will either adopt the proposed regulations or other provisions dealing with the same subject, without further notice, or decide to take no action. 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.

Statutory Authority: AS 09.65.245

Statutes Being Implemented, Interpreted, or Made Specific: AS 09.65.245; AS 18.31.250 - AS 18.31.260; AS 44.42.400 - AS 42.430

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

Roger Healy P.E., Chief Engineer

Department of Transportation and Public Facilities

Statewide Design and Engineering Services