The Alaska Department of Environmental Conservation (DEC) is proposing to adopt regulation changes in Title 18, Chapter 75 of the Alaska Administrative Code dealing with six per- and poly-fluoroalkyl substances (PFAS), including the following:
- 18 AAC 75.325 is proposed to be changed to update the department’s Procedures for Calculating Cumulative Risk and adopt it by reference.
- 18 AAC 75.330 is proposed to be changed to add a new subsection specifying that where groundwater contamination exceeds the cleanup levels established under 18 AAC 75.345, the department may require a responsible person to provide an alternative source of drinking water for affected parties or implement other institutional controls under 18 AAC 75.375.
- 18 AAC 75.340 is proposed to be changed to update the department’s Procedures for Calculating Cleanup Levels and adopt it by reference.
- 18 AAC 75.341 is proposed to be changed to set new soil cleanup levels for six PFAS that include Perfluorobutane Sulfonic Acid (PFBS), Perfluoroheptanoic Acid (PFHpA), Perfluorohexane Sulfonic Acid (PFHxS), Perfluorononanoic Acid (PFNA), Perfluorooctane Sulfonic Acid (PFOS), and Perfluorooctanoic Acid (PFOA).
- 18 AAC 75.345 is proposed to be changed to set new groundwater cleanup levels for six PFAS that include PFBS, PFHpA, PFHxS, PFNA, PFOS and PFOA.
This is a SUPPLEMENTAL NOTICE adding to the NOTICE OF PROPOSED CHANGES that was issued on October 1, 2018 concerning the proposed regulation revisions. This SUPPLEMENTAL NOTICE is being issued to correct technical errors in the proposed amendments and to extend the public comment period. The errors that are corrected are as follows:
- Amendments to 18 AAC 75.341 are corrected to remove the repeal and readoption of 18 AAC 75.341(d) as no change was made to this subsection or the footnotes to the tables in this subsection.
- An error in footnote 17 to Table 6 of the adopted by reference document, Procedures for Calculating Cleanup Levels is corrected from 70 µg/L to 0.07 µg/L.
You may comment on the regulation changes, including the potential costs to private persons of complying with the changes, by submitting written comments to Sally Schlichting, Alaska Department of Environmental Conservation, P.O. Box 111800, Juneau, AK 99811-1800, by facsimile at: (907) 465-5245, or by e-mail to sally.schlichting@alaska.gov. Comments also may 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 not later than 5:00 p.m. on Tuesday, November 13, 2018.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Theresa Zimmerman at (907) 465-6171 or TDD Relay Service 1-800-770-8973/TTY or dial 711 no later than November 9, 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 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 regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.
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 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 46.04.070, AS 46.08.140
AS 46.09.010, AS 46.09.020
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
Date: November 6, 2018
/s/
Larry Hartig, Commissioner