Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 25, Number 4 - April 11, 2003

From Washington, D.C.:

EPA AGREES TO DEADLINES ON MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY FOR CERTAIN SOURCE CATEGORIES

On March 21, 2003, EPA entered a proposed consent decree in the U.S. District Court for the District of Columbia with the Sierra Club (Sierra Club v. Whitman, D.D.C., No. 01-1537, filed 3/21/03) to settle a lawsuit in which the Sierra Club challenged EPA's failure to issue emissions standards for hazardous air pollutants for a number of source categories. Section 112 of the Clean Air Act (CAA) required EPA to issue emissions standards for 189 listed hazardous air pollutants based on the maximum achievable control technology (MACT). The CAA also required EPA to complete actions on these standards by November 15, 2000, but EPA only had established standards on about 80 of the source categories by that time. The Sierra Club, subsequently, filed a lawsuit in 2001 to force EPA to issue the standards on the remaining source categories.

The consent decree proposes to set legal deadlines for EPA to complete action on 16 source categories such as industrial boilers; institutional/commercial boilers and process heaters; and site remediation. Under the decree, EPA is required to take final action on 12 of the remaining source categories by August 29, 2003, on four more by February 27, 2004 and issue the final standards for industrial boilers by June 14, 2005. EPA is soliciting comments from the public on the proposed consent decree. Comments must be received by EPA on or before April 28, 2003. The consent decree parallels a proposed rule (67 FR 72875) EPA published in the Federal Register in December 2003, that set deadlines for EPA to issue air toxic standards for 63 source categories. Under the proposed rule, if EPA fails to issue standards by the deadlines, states would begin requiring companies to submit permit applications for determining toxic air emissions standards within 60 days. This proposed rule set deadlines of May 15, 2003, through August 13, 2005, for facilities in these source categories to submit applications for permits. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Compliance Services.

EPA PUBLISHES PROPOSED RULE REVISING THE PROCEDURES FOR DETERMINING SENSITIVITY OF ANALYTICAL TEST METHODS UNDER THE CLEAN WATER AC

On March 12, 2003, EPA published a proposed rule (68 FR 11770) in the Federal Register revising the procedures for determining the sensitivity of analytical test methods under the Clean Water Act (CWA). The Method Detection Limit (MDL) and Minimum Level of Quantitation (ML) currently are used to define test sensitivity under the CWA. The MDL is used to determine the lowest concentration at which a substance is detected or is present in the sample. The ML has been used as a quantitation limit or to describe the lowest concentration of a substance that gives a recognizable signal. The proposed revisions include the following:

Clarifications and improvements on the MDL and ML based on recent EPA assessment
Alternative approaches for defining test sensitivity
Changes to the definition of the MDL to reflect the proposed revisions to the procedure
Peer review of EPA's assessment
Earlier stakeholder comments on the existing MDL procedures.

EPA also is making available in the same Federal Register a report (68 FR 11791) entitled, "Technical Support Document for the Assessment of Detection and Quantitation Concepts". This report includes an evaluation of the MDL and ML procedures and alternative approaches for defining test sensitivity. Comments on the proposed rule and report must be received by EPA on or before July 10, 2003. For more information, contact Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford Compliance Services.

From Olympia:

ECOLOGY ISSUES DRAFT COST BENEFIT ANALYSIS ON AMENDMENTS TO THE SURFACE WATER QUALITY STANDARDS

On March 24, 2003, Ecology issued a draft cost benefit analysis (draft) on the proposed amendments to the Surface Water Quality Standards for public review and comment. Before adopting a rule or rule amendment, Ecology is required by the Administrative Procedures Act to make a determination on the probable benefits and probable costs of the action. In the Ecology assessment, the agency is required to take into account both the qualitative and quantitative benefits and costs and the specific directives of the statute being implemented. The proposed amendments evaluated in the draft are the changes to the Bacteria, Temperature, and Dissolved Oxygen and Irrigation Water Criteria. The draft makes conclusions including the following:

The bacterial portion of the proposed rule is not expected to generate probable benefits that exceed probable costs. It is unlikely to meet the net benefits requirements.
The probable benefits of the temperature and dissolved oxygen standards exceed the probable costs for some classification shifts if fish populations are sufficiently increased.
The irrigation supply criteria may meet the net benefits requirement, but full evaluation is not possible given the fact that quantitative information on both the benefits and costs is extremely limited. No current costs are expected and any agricultural gains are expected in the distant future.

The Cost Benefit Analysis can be found on the Internet at http://www.ecy.wa.gov/programs/wq/swqs/supporting_docs/cost-benefit_analysis.html. Comments on the draft Cost Benefit Analysis must be received by Ecology on or before April 22, 2003. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

Briefly:

On March 3, 2003, EPA published a notice (68 FR 10012) in the Federal Register announcing that the draft document entitled, "Final Guidelines for Carcinogen Risk Assessment" and the draft "Supplemental Guidance for Assessing Cancer Susceptibility from Early-Life Exposure to Carcinogens (draft Guidelines)" are available for public review and comment. The draft Guidelines can be found on the Internet at http://www.epa.gov/ncea/raf/cancer2003.htm. Comments on the draft guidelines must be received by EPA on or before May 1, 2003.
On March 4, 2003, EPA released a document entitled, "EPA Memorandum Establishing Rapid-Response Enforcement Initiative". The memorandum discusses EPA's formation of a new enforcement team that will focus on providing a "targeted and rapid response" to environmental violations within a particular industry or geographic area. The team is part of EPA's Special Litigation and Projects Division and will work with the states and EPA regions in a direct way to get more rapid resolution to problems.
On March 6, 2003, EPA published a notice (68 FR 10718) in the Federal Register announcing that an Information Collection Request (ICR) on NSPS for Industrial-Commercial-Institutional Steam Generating Units has been forwarded to OMB for review and approval. The existing ICR expired February 28, 2003. Owners and operators of steam generating units subject to Subpart Db must make one-time-only notifications of: construction/reconstruction, anticipated and actual startup, initial performance test, physical or operational changes, and demonstration of a continuous monitoring system. Owners and operators also must submit reports on initial performance test results, monitoring results, and excess emissions as well as maintain records on startup, shutdowns, malfunctions, and periods when the continuous monitoring system is inoperative. The purpose of this ICR is to continue the notification, monitoring, and recordkeeping requirements of this regulation. Comments on the ICR must be received by EPA on or before April 7, 2003.
On March 10, 2003, EPA published a final rule (68 FR 11316) in the Federal Register revising the applicability implementation plans regarding the Prevention of Significant Deterioration (PSD) program mandated by Title I, Part C of the CAA. The revisions incorporate new applicability provisions in the Federal PSD rule for baseline emissions determination, actual-to-projected-actual methodology, plant-wide applicability limitations, clean units, and pollution control projects. The final rule became effective March 3, 2003.
On March 19, 2003, EPA published a withdrawal of the final rule (68 FR 13607) in the Federal Register on Revisions to the Water Quality Planning and Management Regulation and Revisions to the National Pollutant Discharge Elimination System Program in Support of the Revisions to the Water Quality Planning and Management Regulation that was published in the Federal Register on July 13, 2000 (July 2000 Rule). The July 2000, Rule was scheduled to take effect on April 30, 2003,but EPA is withdrawing the rule because significant changes would need to be made before the rule could be an efficient and effective Total Maximum Daily Load (TMDL) program as the agency had envisioned. Regulations EPA promulgated in 1985 and amended in 1992 will remain in effect until further notice.
On March 21, 2003, EPA published a notice (68 FR 13872) in the Federal Register proposing to include in the regulation promulgated April 9, 1007 that adopted the North American Industry Classification Systems (NAICS) for the U.S. The NAICS codes correspond to the SIC (Standard Industrial Classification) codes that currently are subject to the Toxic Release Inventory reporting requirements. The NAICS is a new industry classification system that will replace the SIC system that has been used for collecting statistical data and for other administrative and regulatory purposes. Comments on the proposal must be received by EPA on or before May 20, 2003.
On March 25, 2003, EPA released a document entitled, "A Review of the Reference Dose and Reference Concentration Processes" that makes recommendations for improving toxicity tests and suggests that a less-than-lifetime "safe dose" be developed. The recommendations include: modification of existing guideline study protocols to provide more comprehensive coverage of the effects that may occur when individuals are exposed at various times in their lives; develop guidelines and guideline study protocols that will provide more systematic information on how chemicals are processed by and affect the body; and collecting more information from less-than-lifetime exposure to evaluate how long it may take before a chemical causes an effect and whether that effect is reversible. The document can be found on the Internet at http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=55365.
On March 28, 2003, EPA published a notice (68 FR 15170) in the Federal Register announcing that the draft Handbook for Management of Onsite and Clustered (Decentralized) Wastewater Treatment Systems (Handbook) was available for public review and comment. The purpose of the Handbook is to develop a step-by-step guide for regulators and service providers to implement a voluntary management program for decentralized wastewater treatment systems. The Handbook can be found on the Internet at http://www.epa.gov/owm/mtb/decent. Comments on the Handbook must be received by EPA on or before May 27, 2003.
On March 28, 2003, EPA published a notice (68 FR 15172) in the Federal Register announcing that the final Voluntary National Guidelines for Management of Onsite and Clustered (Decentralized) Wastewater Treatment Systems (Guidelines) are available. The purpose of the Guidelines is to improve the level of performance of decentralized wastewater treatment systems nationally through improved management programs. The Guidelines can be found on the Internet at http://www.epa.gov/owm/mtb/decent.
EPA recently launched a website that lists requests made to and responses of the Agency for corrections to information the Agency disseminates. Correction requests can now be tracked online under procedures established by EPA's in the Information Quality Guidelines document. Under this guidance, individuals and organizations can ask EPA to revise allegedly incorrect information disseminated. The guidelines were in response to a directive issued by the Office of Management and Budget. The correction requests and agency responses can be found on the Internet at http://www.epa.gov/oei/qualityguidelines/af_req_correction_sub.htm.

*FEDERAL/STATE*
	*REGISTER REVIEW*

68 FR 10009: On March 3, 2003, EPA published a notice announcing that an ICR on New Source Performance Standards Subpart Da - Standards of Performance for Electric Utility Steam Generating Units has been forwarded to the OMB for review and approval. Comments on the ICR must be received by EPA on or before April 2, 2003.

68 FR 10012: On March 3, 2003, EPA published a notice announcing that the draft Final Guidelines for Carcinogen Risk Assessment and the draft Supplemental Guidance for Assessing Cancer Susceptibility from Early-Life Exposure to Carcinogens (draft Guidelines) are available for public review and comment (refer to briefly, this edition). Comments on the draft guidance must be received by EPA on or before May 1, 2003.

68 FR 10370: On March 5, 2003, EPA published a correction to the Protection for Stratospheric Ozone regulation, 40 CFR, Parts 81 and 85. EPA is removing Table I in Section 82.4. The correction will be effective immediately.

68 FR 10675: On March 6, 2003, EPA published a notice announcing that the EPA intends to establish a Negotiated Rulemaking Committee under the Federal Advisory Committee Act and the Negotiated Rulemaking Act to negotiate proposed federal standards for conducting all appropriate inquiry. The purpose of the committee will be to conduct discussions and reach consensus on proposed regulatory language setting standards and practices for conducting all appropriate inquiry. Comments on the notice must be received by EPA on or before April 7, 2003.

68 FR 10714: On March 6, 2003, DOE published a notice announcing that the Environmental Management Site-Specific Advisory Board for the Hanford Site will be holding a meeting on April 3, 2003, from 9am to 5pm and April 4, 2003, from 8:30am to 4pm at the West Coast Ridpath Hotel in Spokane.

68 FR 10718: On March 6, 2003, EPA published a notice announcing that an ICR on NSPS for Industrial-Commercial-Institutional Steam Generating Units has been forwarded to OMB for review and approval (refer to briefly, this edition). Comments on the ICR must be received by EPA on or before April 7, 2003.

68 FR 11316: On March 10, 2003, EPA published a final rule revising the applicability implementation plans regarding the PSD program mandated by Title I, Part C of the CAA (refer to briefly, this edition). The final rule became effective March 3, 2003.

68 FR 11770: On March 12, 2003, EPA published proposed rule amendments to the procedures for determining the sensitivity of analytical (test) methods under EPA's CWA (refer to briefly, this edition). Comments on the proposed rule amendments must be received by EPA on or before July 10, 2003.

68 FR 11791: On March 12, 2003, EPA published a notice announcing the availability of the assessment of detection and quantitation procedures (Assessment Document) used by EPA to determine the sensitivity of analytical (test) methods under the CWA (refer to briefly, this edition).

68 FR 11833: On March 12, 2003, EPA published the OMB responses to ICRs previously submitted.

68 FR 12014: On March 13, 2003, EPA published a notice announcing that the EPA will be holding five public hearings on March 31, 2003, on the PSD and Nonattainment New Source Review: Routine Maintenance, Repair and Replacement rule revision. The public hearings were held in Albany, NY; Dallas, TX; Research Triangle Park, NC; Salt Lake City, UT; and Romulus, MI.

68 FR 12887: On March 18, 2003, EPA published a notice announcing that the DOE documents on waste characterization for certain transuranic radioactive waste at the Savannah River Site proposed for disposal at the Waste Isolation Pilot Plant (WIPP) are available for public review and comment. The documents are procedures and other related materials regarding the Central Characterization Project that DOE established to assist the ability of TRU waste sites to characterize and certify the waste in accordance with EPA's WIPP Compliance Criteria. Comments on the documents must be received by EPA on or before April 17, 2003.

68 FR 12901: On March 18, 2003, EPA published a revised ICR on the 2003 Hazardous Waste Report that the Agency was planning to submit to the OMB for review and approval. Comments on the revised ICR must be received by EPA on or before May 19, 2003.

68 FR 12904: On March 18, 2003, EPA published a notice announcing that the 2003 RCRA National Meeting, "RCRA: Putting Resource Conservation into RCRA", will be held August 12 -15, 2003, at the Hyatt Regency Washington on Capitol Hill in Washington, D.C. To register for the meeting or for more information, go to the Internet at http://www.epa.gov/osw/meeting.

68 FR 12905: On March 18, 2003, EPA published a notice announcing that the Radiation Advisory Committee of the Science Advisory Board is planning a teleconference meeting to discuss several proposed self-initiated projects for FY 2004. A copy of the draft agenda and conference materials are available on the Internet at http://www.epa.gov/sab. The teleconference was held April 2, 2003. For more information, contact Dr. K. Jack Kooyoomjian at (202) 564-4557.

68 FR 13299: On March 19, 2003, EPA published a notice announcing that the EPA was planning to submit at ICR on Recordkeeping and Reporting Requirements for 40 CFR Part 258 - Solid Waste Disposal Facilities and Practices. Comments on the ICR must be received by EPA on or before May 19, 2003.

68 FR 13521: On March 19, 2003, EPA published a notice presenting a summary of significant data the Agency has received or collected since the proposed standards for cooling water intake structures at Phase II existing facilities under the Clean Water Act were published on April 9, 2002. The notice also provides new information on a broader suite of technology options that may be appropriate for compliance at specific sites. Comments on the notice and the April 9, 2002, proposal must be received by EPA on or before June 2, 2003.

68 FR 13607: On March 19, 2003, EPA published a withdrawal of the final July 2000, Rule that was published in the Federal Register on July 13, 2000 (refer to briefly, this edition).

68 FR 13872: On March 21, 2003, EPA published a notice proposing to include in the regulation promulgated April 9, 1007 that adopted the NAICS for the U.S. The NAICS codes correspond to the SIC codes that currently are subject to the TRI reporting requirements (refer to briefly, this edition). Comments on the proposal must be received by EPA on or before May 20, 2003.

68 FR 13911: On March 21, 2003, EPA published a notice announcing OMB's responses to the Agency's ICRs.

68 FR 14164: On March 24, 2003, EPA published a withdrawal of the direct final rule on the NPDES Amendment of Final Regulations Addressing Cooling Water Intake Structures for New Facilities. EPA receive adverse comments on the direct final rule so is withdrawing the rule and will be addressing the comment during the rulemaking on the proposed rule that was published in the Federal Register at the same time.

68 FR 14339: On March 25, 2003, EPA published a withdrawal of the direct final rule on Clarification to Interim Standards and Practices for All Appropriate Inquiry Under CERCLA and Notice of Future Rulemaking Action that was published (68 FR 3430) in the Federal Register on January 24, 2003. EPA received adverse comments on the rule so has decided to withdraw the rule. Instead, the Agency will continue the rulemaking on the proposed rule (68 FR 3478) that was published at the same time.

68 FR 14501: On March 25, 2003, EPA published a final rule revising the rule text in its January 2001, final rule that established the 10 parts per billion arsenic drinking water standard to express the standard as 0.010 mg/L to clarify implementation of the original rule. The regulation becomes effective April 24, 2003.

68 FR 14972: On March 27, 2003, EPA published a notice announcing that an ICR on Notice of Intent for Storm Water Discharges Associated with Construction Activity under a NPDES General Permit was forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before April 28, 2003.

68 FR 15170: On March 28, 2003, EPA published a notice announcing that the draft Handbook was available for public review and comment (refer to briefly, this edition). Comments on the Handbook must be received by EPA on or before May 27, 2003.

68 FR 15172: On March 28, 2003, EPA published a notice announcing that the final Voluntary National Guidelines are available (refer to briefly, this edition).

WSR 03-05-050: On March 5, 2003, Ecology published a notice announcing that the Lower Snake River Total Dissolved Gas Draft Total Maximum Daily Load (Draft TMDL) and Implementation Plan was available for public review and comment. Ecology will held a public hearing on the Draft TMDL on March 25, 2003, at the Ecology Office in Kennewick The Draft TMDL and Implementation Plan can be found on the Internet at http://www.ecy.wa.gov/biblio/0303020.html. Comments on the Draft TMDL must be received by Ecology on or before April 4, 2003.

WSR 03-06-035: On March 19, 2003, Ecology published a notice announcing that Ecology was withdrawing the proposed rule, WSR 99-21-100, Chapter 173-537 WAC, Water Resources Management Program for the Yakima River Basin. Ecology is withdrawing the proposal because adoption of the moratorium is no longer timely in the context of the groundwater study now underway and is not required to fulfill the substance of the agreement among the Yakima Nation, U.S. Bureau of Reclamation, and Ecology, as was contemplated at the time of signing a memorandum of agreement in 1999.

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For technical questions regarding the subject matter, please send email to: Wayne_E_Toebe@rl.gov