Hanford
Environmental
Report
Dedicated to the Goal of 100% Environmental Compliance

Volume 21, Number 4 - April 16, 1999

From Washington, D.C.:

DOE ISSUES DRAFT REQUIREMENT ON THE USE OF NON-DOE FACILITIES FOR DISPOSAL OF LOW-LEVEL AND MIXED LOW-LEVEL WASTE

On March 11, DOE published an announcement in the Federal Register (64 FR 12161) that the draft requirement on the use of non-DOE facilities for treatment, storage, and disposal of radioactive waste was available. The draft requirement is consistent with results of a policy analysis DOE recently completed that concluded the agency should use DOE disposal facilities for DOE waste and should use commercial facilities that have gone through an exemption process when DOE disposal is not practical. The draft requirement also states that when on-site disposal is not practical, use of both on-site DOE facilities and commercial facilities may be necessary. Subsequent to the results of this analysis, DOE has decided to continue its current policy to dispose of DOE low-level and mixed low-level waste at the site of generation, if practical, or if on-site disposal is not available, then DOE may approve exemptions to dispose of these wastes at a commercial facility.

DOE has delegated the exemption authority for determining when commercial facilities should be used to the DOE Field Office Managers. The policy analysis was not completed at the time DOE published the draft Order and Manual on radioactive waste management in the Federal Register (August 6, 1998, 63 FR 42012); therefore, the section pertaining to the use of non-DOE facilities for treatment, storage, and disposal of radioactive waste was reserved pending the outcome of the policy analysis. For more information, email or call Donald_W_Jr_Fritz@rl.gov of Fluor Daniel Hanford, Inc. at (509) 372-2066.

THE DEPARTMENT OF JUSTICE ARGUES RCRA ALLOWS EPA OVERFILING OF STATE ENFORCEMENT ACTIONS

In the case of Harmon Industries Inc. vs. Browner, the Department of Justice (DOJ) recently argued in a brief to the U.S. Court of Appeals for the Eighth Circuit that RCRA allows EPA to pursue enforcement against a company that had already settled with the state over the same violations. The DOJ also argued that the decision by the federal court violates EPA's sovereign immunity. DOJ was disputing an August 25, 1998 federal court ruling on this case that EPA had no authority to overfile a state enforcement action. The U.S. District Court of Missouri had ruled that RCRA forbids EPA overfiling of a state enforcement action. It also ruled that the principle of res judicata, which bars relitigation of the same claims against the same parties also forbids overfiling. If the district court ruling is allowed to prevail, EPA's enforcement powers in a state that has authority to implement RCRA would be limited since a state settlement could take precedence over a federal action.

In support of Harmon Industries, several national industry trade associations, business groups and a legal foundation have filed friend-of-the-court briefs with the Court of Appeals. They argue that establishment of a federal-state partnership by Congress under RCRA allows the states the primary role of implementing and enforcing RCRA management standards. They also argue that any duplicate enforcement action by EPA violates this partnership and undermines the responsibility of states to administer their RCRA programs. Harmon Industries has recently filed its own brief with the Court of Appeals disputing the DOJ claims. For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Regulatory Interface at (360) 709-0664.

BRIEFLY

Ecology recently released the "Summary of Case-Studies Conducted to Test the Draft Antidegradation Implementation Plan (AIP)" ( Summary). The Summary compares actions that have been or will be reviewed for compliance with the State Water Quality Standards against the requirements of the draft AIP. The Summary provides information on the elements of the draft AIP that will cause the greatest increase in work and compliance costs as well as provides a summary of issues that resulted from the case studies. The information learned from the case studies will be incorporated into the draft AIP which Ecology is currently preparing. For a copy of the summary, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Regulatory Interface at (360) 709-0664.

On March 25, Ecology released a document entitled," Draft: Analysis and Selection of Fish Consumption Rates for Washington State Risk Assessments and Rick-based Standards". This document was developed by Ecology's Risk Assessment Forum in response to requests from agency staff and the public for more consistent application of fish consumption rates in Ecology's risk assessments, screening criteria, and risk-based standards. The document provides an evaluation of fish consumption surveys conducted in Washington, a review of policy directives, and recommendations for consumption rates that are to be used in Ecology's risk-based guidelines and risk assessments. For a copy of this document, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Regulatory Interface at (360) 709-0664.


FEDERAL/STATE
REGISTER REVIEW
64 FR 11528
On March 9, the Department of Transportation (DOT) published a notice announcing that it was initiating an Department-wide evaluation of the Hazardous Materials Transportation Programs. The objective of the evaluation is to document and assess the hazardous materials programs within DOT and to determine if these programs can be accomplished more effectively and efficiently. The evaluation will be discussed in DOT's FY 99 Program Performance Report which will be available for distribution by March 31, 2000.
64 FR 11881
On March 10, EPA published a notice announcing that its enforcement policy for encouraging prompt testing of computer-related equipment to ensure that environmental compliance is not impaired by Y2K is available. The policy can be obtained from the Internet at http://www.epa.gov/year2000.
64 FR 12161
On March 11, DOE published a notice announcing that the draft requirement for the use of commercial facilities for treatment, storage, and disposal of radioactive waste is available (see article, this edition). A copy of this draft Order and Manual can be obtained from the Internet at http://www.explorer.doe.gov:1776/htmls/draft.html.
64 FR 12167
On March 11, EPA published a notice announcing that it has designated a new reference method for measuring concentrations of PM2.5 in ambient air. The new reference method is a manual monitoring method based on a particular commercially available PM2.5 sampler. A copy of the record of decision can be obtained from the Bureau of Reclamation, Upper Columbia Area Office, 1917 Marsh Road, Yakima, WA, 98907-1794.
64 FR 12805
On March 15, EPA published a notice announcing that the document entitled, "Pollution Prevention Research Strategy" is available. This document provides the framework for pollution prevention research. A copy of the document can be obtained from EPA's National Center for Environmental Publications at 800/490-9198.
64 FR 13613
On March 19, the Nuclear Regulatory Commission (NRC) published a notice announcing that the draft document entitled, "Standard Review Plans for the Review of a License Application for the Tank Waste Remediation System Privitization Project" was available for review and comment. A copy of the draft can be obtained from the Internet at http://www.nrc.gov/NRC/NUREGS/indexnum.html. Comments must be received in the NRC by June 17, 1999.
64 FR 13943
On March 23, the DOT published an advanced notice of proposed rulemaking to solicit comments on its proposal to revise the incident reporting requirements of the Hazardous Materials Regulations and the Hazardous Materials Incident Report form. Comments on this proposal must be received in DOT by June 21, 1999.
64 FR 14517
On March 25, the National Marine Fisheries Service published its final rule to list two evolutionary significant units of west coast steelhead located within the middle Columbia River Washington and Oregon and the Upper Willamette River in Oregon as threatened. The NMFS has indicated that only naturally spawned populations of steelhead residing below impassable natural barriers are listed.
64 FR 14788
On March 26, the DOT published a notice announcing that the Hazardous Materials Registration Program (HMRP) will enter registration year 1999-2000 on July 1, 1999. The HMRP requires that those persons who transport or offer for transportation certain hazardous materials file a registration statement and pay a fee to the DOT by July 1, 1999.
WSR 99-05-060
On March 3, Ecology published a preproposal statement of inquiry to begin rulemaking to amend the surface water quality standards, Chapter 173-210A WAC. Ecology is amending the rule to change the existing antidegradation policy and classification-based format. Comments on these actions can be sent to Mary Getchell, Department of Ecology , P.O. Box 47600, Olympia, WA 98504-7600.

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Last Updated: April 15, 1999