Hanford Environmental Report

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

Volume 19, Number 1 - August 8, 1997

From Olympia:

UPDATE OF ECOLOGY DANGEROUS WASTE, AIR QUALITY, WATER QUALITY AND MTCA RULEMAKING

Ecology is currently working on rule amendments to the Dangerous Waste, Air Quality, Water Quality and MTCA rules. The following is the status of these rulemakings:

Dangerous Waste Rule
On April 15, Ecology released a FOCUS announcing that the draft DW rule amendments were available for public review and comment. Tony Miskho, (509/376-7313) [Anthony_G_Miskho], with FDH Environmental Protection, coordinated comments for Hanford and submitted these to Ecology. Consequently, Ecology has made changes to the draft rule and will be filing a formal proposed amended rule with the State Code Revisor's office in early August. This will be followed by publication of the rule in the Washington State Register (WSR) on August 20. Public hearings are scheduled for September 10, 11, and 17. The locations and times of these hearings will be posted in the WSR publication. The public comment period will end October 2. Tony will be coordinating comments on the proposed rule for Hanford. Ecology expects the rule to be adopted by the end of the year.
New Source Review Rule
On March 21, Ecology issued draft amendments to the New Source Review (NSR) rule for review and comment by the NSR Advisory Committee. John Bates, (509/376-2088) [John_A_Bates] with FDH Environmental Protection, is a member of this committee and has been working with Ecology for the past year and a half on this rule amendment. Consequently, Ecology has made changes to the draft rule and filed a formal proposed amended rule with the State Code Revisor's office on July 16. The proposed amended rule is scheduled to be published in the WSR on August 6. Public hearings are scheduled for August 26, 27, and 28. The locations and times of these hearings will be posted in the WSR publication. The public comment period will end September 5. John will be coordinating comments on the proposed amended rule for Hanford. Ecology expects to adopt the rule by the end of the year.
Water Quality Rule
In May 1997, Ecology announced that it would be holding public hearings on proposed amendments to the surface water quality standards. These amendments are part of Ecology's triennial review process which began in 1994 and include changes to the lake nutrient criteria, short-term modifications, wetlands definitions, and toxic substances. The public comment period on these amendments ended July 18. Ecology is currently preparing a responsiveness summary.

Other amendments being considered in this triennial review process include clarifying the antidegradation policy implementation plan and changing the water quality standards to a use-based structure. These rulemakings are on a separate track than those discussed at the July hearings. Ecology anticipates holding public hearings on these this winter.
Model Toxic Control Act Rule
In December 1996, the Policy Advisory Committee submitted its final recommendations for making changes to MTCA to the legislature. This committee which was formed as a result of legislation had been meeting for over a year to discuss MTCA reforms specifically in the areas of site specific risk assessment, ecological cleanup levels, remedy selection, cleanup actions levels, points of compliance, enhanced technical assistance, institutional controls and areawide contamination. Consequently, Ecology is undergoing rulemaking to address these recommendations. To assist in this endeavor, Ecology has formed an Advisory Committee composed of representatives from the business, government and environmental communities. The Advisory Committee has formed a number of subcommittees to work on specific issues. Pam Doctor and Ken Gano with Bechtel Hanford Inc. are members of the Ecological Risk Subcommittee.

On May 21, Ecology published a notice in the WSR announcing that rulemaking to amend MTCA had begun. Ecology will be sending draft rules to the Advisory Committee members on August 15 followed by a meeting of the committee to discuss these rule amendments on September 10. Ecology anticipates that proposed amended rules will be published in the WSR in November on all but the ecological cleanup levels which will be delayed pending pilot studies. Currently, Ecology is looking for volunteers to take part in these studies.

For more information, contact Marsha Beery (360/493-0843) in FDH's Lacey Office.

ECOLOGY MOVES FORWARD WITH ITS ENVIRONMENTAL EXCELLENCE PROGRAM

On July 29, Ecology gave a presentation to members of the Association of Washington Business's (AWB) Air Quality Committee on its plans to move forward with an environmental excellence program. This program was created by enactment of Engrossed Substitute House Bill 1866 in the last legislative session. It establishes a voluntary program whereby state agencies can enter into agreements with regulated entities to develop innovative alternatives for complying with environmental regulations. John Williams with Ecology's Solid Waste Program who is the lead staff person on this project discussed future plans for implementing this program at the meeting.

Currently, John is developing a list of principles that regulated entities would need to follow when entering into agreements with Ecology. To this end, he has been meeting with stakeholders which include the environmental community, business, labor, local governments, and other state and federal agencies to ask their assistance in determining what these principles will be. John indicated that he has to submit the final list to Governor Locke on October 1. Marsha Beery (360/493-0843), with FDH's Environmental Protection, is a member of the AWB Air Quality Committee and will be working with the committee to get a list of principles to Ecology by the end of August. For more information, contact Marsha.

*FEDERAL/STATE*
	REGISTER REVIEW

Note: For electronic copies of Federal Register (FR) items or hard copies of Washington State Register (WSR) items listed here, call or email JoAnn McCoy (509/372-3596).

62 FR 37118: On July 10, Department of Transportation published an advisory bulletin for operators of gas and hazardous liquid underground storage facilities notifying them that it has design and operating guidelines and applicable state and DOT rules available. Elsewhere in this federal register, DOT has announced that it is terminating rule making proceedings on underground gas and hazardous liquid storage facilities.
62 FR 37448: On July 11, EPA published a notice announcing that it was modifying the final NPDES storm water multi-sector general permit. EPA is proposing to change the permit to authorize storm water discharges from previously excluded facilities in order that they may be covered after expiration of the baseline general permit. EPA is also giving notice that it will not be reissuing the NPDES storm water baseline industrial general permit issued on September 9, 1992 or September 25, 1992. Instead, it will terminate the permit upon final modification of the multi-sector permit. This will mean that all industrial facilities previously permitted under the baseline permit, except those in this notice, will be required to seek storm water permit coverage under the modified multi-sector permit or submit an application for an individual permit. Comment on the modification must be received in EPA by August 15, 1997.
62 FR 38272: On July 17, DOE published a notice announcing that it is seeking public comment on an amended proposed policy statement with plans for implementing technical and financial assistance to States for training local government public safety officials and Indian Tribes in areas where DOE intends to transport spent nuclear fuel and high-level radioactive waste. Comments on the policy statement must be received in DOE by September 15, 1997.
62 FR 38652: On July 18, EPA published its final rule revising the National Ambient Air Quality Standards (NAAQS) for particulate matter. The primary PM standards have been amended by adding two new PM 2.5 standards and revising the current 24 hours PM 10 standard. The secondary standards are also revised to be the same as the primary standards. EPA has also included the new reference method for monitoring PM2.5. The final rule becomes effective on September 16, 1997.
62 FR 38762: On July 18, EPA published a notice announcing that the laboratory and field test data used to develop the reference test method (Appendix L of 40 CFR Part 50) for measuring PM2.5 is available for review and comment. Comments must be received in EPA by August 18, 1997.
62 FR 38764: On July 18, EPA published its final rule revising 40 CFR Part 58, the ambient air quality surveillance rules to include PM2.5 provisions. EPA is also revising the PM10 monitoring requirements to address network design and siting, quality assurance and quality control, operating schedule, and other monitoring requirements. The final rule becomes effective on September 19, 1997.
62 FR 38856: On July 18, EPA published its final rule amending the NAAQS for ozone. The amendment replaces the current 1-hour primary standard with an 8-hour standard at a level of 0.08 parts per million based on the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations measured at each monitoring station within an area. Also, the current 1-hour secondary standard was replaced with the 8-hour standard identical to the primary standard. The final rule becomes effective September 16, 1997.
62 FR 39398: On July 22, DOT published amendments to its final Hazardous Materials rule that was published in the federal register on January 8, 1997. This final rule is intended to assist emergency response personnel in responding to and mitigating the effects of hazardous materials transportation incidents and to improve safety to transportation workers and the public. The final rule becomes effective October 1, 1998.
62 FR 40807: On July 30, the Defense Nuclear Facilities Safety Board published a notice announcing that the DOE was required to send the DNFSB a response to its May 29, 1997 (62 FR 29118) recommendation by July 14, 1997. This recommendation concerned the Continuation of Criticality Safety at Defense Nuclear Facilities. Comments on this notice must be received in DNFSB by July 30, 1997.
WSR 97-14-075: On July 16, Ecology published an expedited repeal of Chapter 173-401-830 Appendix A - Insignificant activities and emissions units. Ecology is repealing this section since a more comprehensive list of insignificant emissions units and activities is now included in Chapter 173-401 WAC. Any person who objects to this expedited repeal must file a written objection with Ecology within 30 days after publication of this notice.

Editor:
Marsha Beery,
Telephone (360) 493-0843
Fluor Daniel Hanford Company
420 Golf Club Road, Suite 104
Lacey, WA 98503
EMail: Marsha_A_ Beery@rl.gov

These reports are issued monthly and can be found at this web site on the second Friday of each month.

Information in the Hanford Environmental Report is taken from the federal/state registers and newsletters/focus sheets distributed by the Washington State Department of Ecology. It provides up-to-date federal and state environmental regulatory information and interpretations, to educate Hanford personnel and other interested parties on any new requirements.

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