Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 26, Number 4 - April 9, 2004

From Washington, D.C.:

EPA PUBLISHES FINAL RULE ON REFRIGERANT RECYCLING

On March 12, 2004, EPA published a final rule (69 FR 11945) in the Federal Register amending the refrigerant recycling rule promulgated under Section 608 of the Clean Air Act (CAA). The final rule:

Clarifies how the requirements of Section 608 apply to refrigerants that are used as substitutes for chlorofluorocarbon and hydrochlorofluorocarbon refrigerants;
Gives an explanation of the statutory prohibition on venting substitute refrigerants to the atmosphere that became effective on November 15, 2005;
Exempts certain substitute refrigerants from the venting prohibition on the basis of current evidence that their release does not pose a threat to the environment;
Amends the current refrigerant recovery and recycling requirements of chlorofluororcarbon and hydrochlorofluorocarbon refrigerants to accommodate the proliferation of new refrigerants on the market; and
Clarifies that the venting prohibition applies to all refrigerants for which EPA has not made a determination that their release "does not pose a threat to the environment particularly hydrofluorocarbon and perfluorocarbon refrigerants

The final rule does not address leak repair requirements for appliances containing substitutes for ozone-depleting substance refrigerants, nor does it address certification requirements for refrigerant recovery or recycling equipment intended for use with substitute refrigerants. The final rule becomes effective May 11, 2004. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

From Olympia:

LEGISLATURE PASSES ENVIRONMENTAL BILLS

During the 2004 legislative session, which began January 12, 2004 and ended March 11, 2004, the legislature passed several environmental bills including:

Senate Bill 5590 on determining the appeals period for certain environmental appeals. This Bill was passed by the legislature on March 10, 2004 and is currently awaiting the Governor's signature.
Second Substitute Senate Bill 5957 regarding establishing a system of standards and procedures concerning water quality data. This Bill was passed by the legislature on March 11, 2004 and is currently awaiting the Governor's signature.
Senate Bill 6415 regarding the conditioning of industrial and construction storm water general discharge permits. This Bill was passed by the legislature on March 11, 2004 and is currently awaiting the Governor's signature.
House Bill 2308 regarding requiring the Department of Ecology to develop specific criteria for the types of solid wastes that are allowed to be received by inert waste landfills. This Bill was passed by the legislature on March 10, 2004 and signed by the Governor on March 24, 2004 to become effective June 10, 2004.
Substitute House Bill 2488 regarding electronic product management. This Bill was passed by the legislature on March 11, 2004 and was signed by the Governor on March 29, 2004.

For more information, e-mail or call Marsha Beery at (360) 709-0664 with Fluor Hanford's Olympia Office.

ECOLOGY RELEASES DRAFT GENERAL REGULATIONS FOR AIR POLLUTION SOURCES

On March 17, 2004, Ecology released draft rule amendments to Chapter 173-400 WAC, General Regulations for Air Pollution Sources. The draft rule is Ecology's first attempt at changing the state regulation to conform with EPA's recent changes to the Federal New Source Review rule plus make other changes that would provide greater flexibility in air quality permitting. According to Tom Todd, Ecology's lead person on this rulemaking effort, more discussion and changes to the draft are expected before issuing a proposed rule. Tom has been working with the New Source Review Advisory Committee which was convened in the fall of 2003 to assist Ecology in developing the rule changes. The Committee is composed of stakeholders from the business, local government, and environmental communities plus state and federal agencies including EPA. Stakeholders in the business community would like to see changes to the rule that:

Provide for one Prevention of Significant Deterioration rule;
Clean up deficiencies in the state regulation in order to get State Implementation Plan approval;
Result in a template/framework for statewide consistency; and
Remove requirements/processes that don't add environmental value.

Kirk Peterson with Fluor Hanford's Program Services is currently reviewing the draft rule and will be coordinating comments for the Hanford site. Comments on the draft rule must be received by Ecology on or before April 8, 2004. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364.

Briefly:

On March 2, 2004, EPA published a proposed rule (69 FR 9781) in the Federal Register to clarify and correct EPA's National Primary Drinking Water regulation. The proposed rule clarifies typographical errors, inadvertent omissions, editorial errors, and outdated language in the final Long Term 1 Enhances Surface Water Treatment Rule (LT1ESWTR), the Surface Water Treatment rule, and other rules. EPA is also proposing optional monitoring for disinfection profiling and an earlier compliance date for some requirements of the LT1ESWTR as well as a detection limit for the Uranium Methods. Comments on the changes must be received in EPA by May 3, 2004.
On March 3, 2004, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice (69 FR 10048) in the Federal Register announcing that three new and three updated toxicological profiles of priority hazardous substances are available. The profiles include: atrazine, fluorides, malathion, pyrethrins and pyrethroids, selenium, and sulfur mustard. ATSDR is mandated by CERCLA to prepare toxicological profiles for each substance included on the priority lists of hazardous substances. The profiles can be obtained from the U.S. Department of Commerce in Springfield, VA at (800) 553-6847.
On March 10, 2004, EPA published a notice (69 FR 11424) in the Federal Register announcing that the RCRA Corrective Action (CA) Conference entitled, "Moving Toward Results Based Facility-Initiated Corrective Action" will be held May 11-12, 2004. The Conference will explore Future Measures for Environmental Indicators for 2008 through 2020 and fostering innovations that will drive the RCRA CA Program. For more information or to register for the Conference, go to the Internet at http://www.nationalcaconf.com/2004.
On March 12, 2004, EPA published a notice (69 FR 11826) in the Federal Register announcing that it is extending the comment period on the Advanced Notice of Proposed Rulemaking (ANPR) entitled, "Approaches to an Integrated Framework for Management and Disposal of Low-Activity Radioactive Waste: Request for Comment" that was published in the Federal Register on November 18, 2003 (68 FR 65120). The comment period has been extended from March 17, 2004 to May 17, 2004. Comments must be received in EPA by May 17, 2004.
On March 15, 2004, the Nuclear Regulatory Commission (NRC) and the Department of Transportation (DOT) published a notice (69 FR 12088) in the Federal Register announcing that they will be convening a workshop to discuss operational concerns for implementing the revised transportation regulations in 10 CFR part 71 and 49 CFR parts 171 and 178. Part of the workshop will focus on discussions to obtain a path forward on the portion of the proposed rule concerning 10 CFR part 71 change authority for dual-purpose certificate holders that was not included in the final rule published in the Federal Register on January 26, 2004 (69 FR 3632). The workshop will be held on April 15, 2004 at the NRC Auditorium in Rockville, MD.
On March 17, 2004, Department of Health (WDOH) published a preproposal statement of inquiry (WSR 04-06-044) in the Washington State Register (WSR) to implement water use efficiency requirements for Group A public water supplies of Chapter 246-290 WAC. Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. WDOH is creating a subcommittee of the Water Supply Advisory Committee to assist it in developing the rule.
On March 17, 2004, WDOH published a proposed rule (WSR 04-06-046) in the WSR to revise the fee schedule on Chapter 246-290-990 WAC, water system evaluation and project review and approval fees and Chapter 246-292-160 WAC, water works certification fees. WDOH will be holding a public hearing on the fees on April 12, 2004 in Tumwater, WA. Comments on the proposed rule must be received by WDOH on or before April 12, 2004.
On March 17, 2004, WDOH published a final rule (WSR 04-06-047) in the WSR to amend the criteria for compliance of public water system performance and to be consistent with other drinking water regulations. The final rule becomes effective on April 17, 2004.
On March 25, 2004, EPA published a notice (69 FR 15326) in the Federal Register announcing that a document entitled, "An Examination of EPA Risk Assessment Principles and Practices," is available for public review and comment. The document is an EPA staff paper that discusses how risk assessment is conducted at the Agency. It also presents staff recommendations for EPA and interested parties to consider on how EPA can strengthen and improve its risk assessment practices. Comments on the document must be received in EPA by June 23, 2004.

*FEDERAL/STATE*
	*REGISTER REVIEW*

69 FR 9616: On March 1, 2004, EPA published a notice announcing that it had forwarded an Information Collection Request (ICR) on Land Disposal Restrictions to the Office of Management and Budget (OMB) for review and approval. The ICR expired February 29, 2004. The ICR concerns the requirement by EPA that facilities maintain the data outlined in the ICR so that it can ensure that land-disposed waste meets the treatment standards. Comments on the ICR must be received in EPA by March 31, 2004.

69 FR 9781: On March 2, 2004, EPA published a proposed rule to make minor changes to clarify and correct the National Primary Drinking Water Standards regulation (see briefly, this edition). Comments on the proposed rule change must be received in EPA by May 3, 2004.

69 FR 10048: On March 3, 2004, the ATSDR published a notice announcing that three new and three updated final toxicological profiles of priority hazardous substances are available (see briefly, this edition).

69 FR 11358: On March 10, 2004, EPA published a notice announcing that it was making available information related to a July 11, 2000 proposed rule under the Significant New Alternatives Policy (SNAP) Program of Section 612 of the CAA. The July 11, 2000 proposed rule concerned use of several hydrochlorofluorocarbons in foam blowing applications. Comments on the information must be received in EPA by April 9, 2004.

69 FR 11411: On March 10, 2004, DOE published a notice that the next meeting of the Hanford Environmental Management Site-Specific Advisory Board will be held on April 1 and April 2 at the Red Lion Hotel, Richland.

69 FR 11424: On March 10, 2004, EPA published a notice inviting the public to sessions of the forthcoming RCRA Corrective Action Conference entitled, "Moving Towards Results Based Facility-Initiated Corrective Action" (see briefly, this edition).

69 FR 11433: On March 10, 2004, EPA published a notice announcing the final report entitled, "Development Plan for the Causal Analysis/Diagnosis Decision Information System (CADDIS)", which describes a strategy for causal evaluations in aquatic systems is available. CADDIS can be found on the Internet at http://www.epa.gov/ncea.

69 FR 11621: On March 11, 2004, EPA published a notice announcing the Waste Characterization Program Documents applicable to transuranic radioactive waste from the Rocky Flats Environmental Technology Site for disposal at the Waste Isolation Pilot Plant are available for public review and comment Comments must be received in EPA by April 12, 2004.

69 FR 11826: On March 12, 2004, EPA published a notice announcing it was extending the comment period on the ANPR for the rule entitled, "Approaches to an Integrated Framework for Management and Disposal of Low-Activity Radioactive Waste" that was published in the Federal Register on November 18, 2003 (see briefly, this edition). Comments must be received in EPA by May 17, 2004.

69 FR 11945: On March 12, 2004, EPA published a final rule amending regulations on refrigerant recycling, promulgated under section 608 of the CAA (see article, this edition). The final rule becomes effective May 11, 2004.

69 FR 12088: On March 15, 2004, the NRC and the DOT published a notice announcing a workshop to discuss operational concerns for implementing the revised transportation regulation for the safe transport of radioactive materials in 10 CFR Part 71 and 49 CFR Parts 171 through 178 (see briefly, this edition).

69 FR 12323: On March 16, 2004, EPA published a notice announcing it was planning to submit an ICR on annual public water systems compliance report to OMB for review and approval. The ICR expires on September 30, 2004. Comments on the ICR must be received in EPA by May 17, 2004.

69 FR 13242: On March 22, 2004, EPA published a final rule revising the criteria for municipal solid waste landfills (MSWLF) to allow states to issue research, development, and demonstration (RD&D) permits for new and existing MSWLF units and lateral expansions. The final rule will allow Directors of approved state programs to provide a variance from certain MSWLF criteria, provided that operators/owners demonstrate that compliance with the RD&D permit will not increase risk to human health and the environment. The final rule becomes effective April 21, 2004.

69 FR 13522: On March 23, 2004, EPA published a notice announcing it was planning to submit an ICR on Part 71 Federal Operating Permit regulations to OMB for review and approval. The ICR expires on October 31, 2004. Comments on the ICR must be received in EPA by May 24, 2004.

69 FR 13524: On March 23, 2004, EPA published a notice announcing it was planning to submit an ICR on Part 70 Operating Permit Regulations to OMB for review and approval. Comments on the ICR must be received in EPA by May 24, 2004.

69 FR 15326: On March 25, 2004, EPA published a notice announcing the document entitled, "An Examination of EPA Risk Assessment Principles and Practices" is available for public review and comment (see briefly, this edition). Comments on the document must be received in EPA by June 23, 2004.

WSR 04-06-044: On March 17, 2004, WDOH published a preproposal statement of inquiry to implement water use efficiency requirements for Group A public water supplies of Chapter 246-290 WAC (see briefly, this edition).

WSR 04-06-046: On March 17, 2004, WDOH published a proposed rule to revise the fee schedule on Chapter 246-290-990 WAC, water system evaluation and project review and approval fees and Chapter 246-292-160 WAC, water works certification fees (see briefly, this edition). Comments on the proposed rule must be received by WDOH on or before April 12, 2004.

WSR 04-06-047: On March 17, 2004, WDOH published a final rule to amend the criteria for compliance on public water system performance and to be consistent with other drinking water regulations (see briefly, this edition). The final rule becomes effective on April 17, 2004.

WSR 04-06-062: On March 17, 2004, Ecology published a notice (WSR 04-06-062) in the WSR announcing it will hold a public hearing to discuss revised recommendations to EPA that all areas of WA, except for tribal lands, be designated attainment/unclassifiable for PM 2.5. The state would not be required to take any further action if all areas are designated this way. The public hearing will be held April 14, 2004 at its headquarters office in Olympia. Comments on the proposal must be received by Ecology on or before April 14, 2004.

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