BRIEF DESCRIPTION

The Alaska Department of Environmental Conservation (DEC) is proposing to update cleanup levels for soil and groundwater for contaminated sites.

The Alaska Department of Environmental Conservation proposes to adopt regulation changes in Title 18, Chapter 75 of the Alaska Administrative Code, updating cleanup levels for soil and groundwater, along with minor housekeeping changes.   The proposed changes include the following:

(1)   Amend 18 AAC 75.325 to update the department’s Procedures for Calculating Cumulative Risk and adopt it by reference, add new language clarifying the requirements for obtaining approval to dispose of soil or groundwater from a site subject to the site cleanup rules.

(2)   Amend 18 AAC 75.340 to update the department’s Procedures for Calculating Cleanup Levels and Risk Assessment Procedures Manual and adopt these documents by reference, and update terms.

(3)   Amend 18 AAC 75.341 to update soil cleanup levels and notes for method two in Table B1.

(4)   Amend 18 AAC 75.345 to update groundwater cleanup levels and notes in Table C.

(5)   Amend 18 AAC 75.355 to reflect current terms and best practices used in evaluating laboratory analytical data, repeal adoption of SW-846 by reference, and update the adopted by reference document, Underground Storage Tanks Procedures Manual.

(6)   Amend 18 AAC 75.370(b) to clarify who is required to obtain approval to move or dispose of soil or groundwater from a site subject to the site cleanup rules.

(7)   Amend 18 AAC 75.990 to repeal a definition and add two definitions.

(8)   In addition other conforming and housekeeping changes have been made throughout the chapter.

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.

All comments must be received by 5:00 p.m. on April 26, 2018.  Comments received after this date will not be considered in final action on these rules.

You may submit written questions relevant to the proposed action to Sally Schlichting by email to sally.schlichting@alaska.gov or by mail to Sally Schlichting, Alaska Department of Environmental Conservation, 410 Willoughby Ave, Suite 303, P.O. Box 111800, Juneau, AK 99811-1800.  The questions must be received at least 10 days before the end of the public comment period. The Department of Environmental Conservation will aggregate its response to substantially similar questions and make the questions and responses available on http://dec.alaska.gov/spar/regulation-projects   The Department of Environmental Conservation may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs 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 or dial 711 no later than April 18, 2018 to ensure that any necessary accommodations can be provided.

 A copy of the proposed regulation changes and material proposed for adoption by reference is available on the Alaska Online Public Notice System at http://aws.state.ak.us/OnlinePublicNotices/ or at http://dec.alaska.gov/spar/regulation-projects and by contacting Sally Schlichting at the address or email above or by phone at (907) 465-5076.

After the public comment period ends, the Department of Environmental Conservation 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 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 44.46.025  AS 46.03.020 AS 46.03.050  AS 46.03.710
AS 46.03.740  AS 46.03.745 AS 46.03.755  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 46.08.140 AS 46.09.010  AS 46.09.020