Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 23, Number 8 - August 10, 2001

From Washington D.C.:

EPA UPDATES THE INTEGRATED RISK INFORMATION SYSTEM

On July 20, 2001, EPA published two notices (66 FR 37957 and 66 FR 37958) in the Federal Register announcing that it is both updating and amending the Integrated Risk Information System (IRIS). The IRIS is a database containing substance-specific summaries of qualitative and quantitative health information in support of the risk assessment process, particularly hazard identification and dose-response evaluation. The information in IRIS can be used as a source to evaluate potential public health risks from environmental contaminants. EPA is taking action in one of the notices (66 FR 37958) to respond to the U.S. Senate request as detailed in Senate Report 106-410 that the Agency conduct an assessment of the database using public input to determine the needs for adding new and updated chemical substances.

In the second notice, EPA is announcing an upcoming change to the location and phone number of the IRIS hotline and records center as well as a redesign of the IRIS web site. These changes will be available on the IRIS website on September 30, 2001. The redesigned website will be available for public review and comment on the Internet on August 1, 2001. After a 60-day comment period, the new site will replace the current website. The website is located at http://www.epa.gov/iris. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

EPA COMPLETES THE FINAL FRAMEWORK FOR THE INFORMATION PRODUCTS BULLETIN

On July 5, 2001, EPA published a notice in the Federal Register announcing that the final framework plan for the Information Products Bulletin (IPB) was available. The IPB is a new joint effort between EPA and the Environmental Council of the States (ECOS) to inform stakeholders and the public about upcoming significant information products being developed by EPA and some of the states. The purpose of the framework plan is to outline the basis and scope of the IPB. The IPB will notify interested parties about significant information products under development or major modification by EPA and some states; alert stakeholders and the public about opportunities to provide input regarding the development of some significant information products; be launched in Summer 2001, and updated every four months; and be available on the Internet as well as in hard copy.

EPA produces information products each year for the general public that are based on data from federal, state, local, tribal or other organizations. The products analyze and/or draw conclusions about primary data in order to describe environmental conditions, trends, potential risks, and/or the performance of companies, facilities and communities. Products such as the Sector Facility Indexing Project, the National-Scale Air Toxics Assessment, and the Water Quality Standards Database would be included in the IPB. To view the IPB website go to http://www.epa.gov/ipbpages. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

From Olympia:

STATUS OF ECOLOGY RULEMAKING

Model Toxic Control Act Rule

The Washington State Department of Ecology (Ecology) adopted the final Model Toxic Control Act (MTCA) rule amendments on February 12, 2001, with an effective date of August 15, 2001. Ecology is continuing to prepare guidance and intend to have the following guidance issued either shortly before the August 15 implementation date or on that date: Cleanup Levels and Risk Calculations Update 3- and 4-phase models for soil to groundwater cleanup, institutional controls database update, model remedies for commercial gas stations, and terrestrial ecological evaluation exclusions. The guidance on natural attenuation will be done in phases starting with a white paper, which is currently being developed. Ecology intends to release the white paper by August 15, 2001. The terrestrial ecological evaluation exclusion will be web-based guidance and Ecology will post it on their website at http://www.ecy.wa.gov/ as it is issued. Ecology will develop additional guidance as identified in the Concise Explanatory Statement based on available staff resources. Ecology has asked the External Advisory Committee to assist in review of the guidance as it is developed. The Agency is establishing a Citizen Technical Advisor position to work with the public on cleanup issues/questions. Ecology is also currently developing a training plan and input on Hanford training needs has been provided to them.

Dangerous Waste Rule

Ecology received preliminary comments from EPA on the draft authorization package from the most recent rule adoption, which occurred in June 2000, and made the necessary changes. A final draft is currently being reviewed by Ecology's Attorney General (AG). Once the AG's review is complete and comments incorporated into the final draft, Ecology will submit the authorization package to EPA for review and approval. After EPA approves the final package, a decision will be published in the Federal Register for public review and comment. Ecology anticipates submitting the final draft to EPA by early August 2001. Ecology has no plans to amend the Dangerous Waste Regulations in 2001.

Water Quality Triennial Review

Ecology is continuing to work on the Use-Based format rulemaking. A workshop was held on June 26, 2001, on the Use-Base Format plus Criteria to Protect Bull Trout to provide information to the public and receive comment on the proposal. Ecology is currently working on the Small Business Economic Impact Statement (SBEIS), which will be ready for release this winter. Additionally, EPA, Ecology, U.S. Fish and Wildlife, and National Marine Fisheries Service are developing temperature criteria for waters of Washington, Oregon and Idaho to protect salmon. Ecology intends to incorporate information coming from that process into the Triennial Review rulemaking. The regional temperature criteria was originally expected to be issued by October 1, 2001, but has been delayed to December 1, 2001. Ecology anticipates publishing the proposed rule in the Winter 2001, to coincide with release of the SBEIS and the Regional Water Temperature Criteria.

Minimum Functional Standards for Solid Waste Landfills

Ecology intends to release a 3rd draft preliminary Minimum Functional Standards for Solid Waste Landfills rule on August 1, 2001, for public review and comment. The comments that were received during the public comment period on the previous draft preliminary rule have been incorporated as appropriate. Ecology indicated that there would continue to be a delay in the formal rulemaking until a SBEIS is completed. Once the SBEIS is completed, then the formal rulemaking will begin, which is anticipated to be Winter 2001.

Briefly:

• The Earthjustice Legal Defense Fund, acting on behalf of the Sierra Club filed a lawsuit July 16, 2001, seeking to get EPA to issue regulations under the Clean Air Act to control hazardous air pollutants from approximately 80 different categories of industrial sources (Sierra Club v. Whitman, D.D.C. No. 01-1537, filed 7/16/01). They also filed a second lawsuit on July 17 to require EPA to issue regulations to control emissions of the 30 hazardous air pollutants that present the greatest threat to public health (Sierra Club v. Whitman, D.D.C. No. 01-1548, filed 7/17/01). The lawsuit is intended to force EPA to take actions to meet deadlines set in the Clean Air Act Amendments of 1990 to control hazardous air pollutants EPA. The group plans to file a lawsuit every day for one week to highlight EPA's failure to protect the public from toxic air pollutants.

• On July 16, 2001, EPA filed a proposal in the U.S. Court of Appeals for the District of Columbia to stay for 18 months the litigation over a July 2000 Clean Water Act rule revision of the impaired waters program. Several interest groups representing farmers, environmental advocates, industry and others sued EPA over various aspects of the total maximum daily load (TMDL) rule (American Farm Bureau Federation v. Whitman, D.C. Cir., No. 00-1320 and consolidated cases, 7/18/00). The proposal to stay the litigation will be followed shortly by a notice in the Federal Register, which proposes to extend, by 18 months, the effective date of the final rule amending the TMDL program. That rule (65 FR 43586) which was to have taken effect October 1, 2002, would have significantly revised the TMDL program. EPA is taking this action to have time to review the rule.

• EPA recently issued guidance entitled, "Operation and Maintenance (O&M) in the Superfund Program" which provides an overview of O&M activities throughout the various stages of a superfund site cleanup. The guidance lists O&M activities that should be considered during the remedial investigation and feasibility study; during the remedial design phase; during the actual remedial activities and in the transition from the remedial action state to the O&M stage. It provides information on timing of O&M planning, the performance of O&M functions, oversight responsibilities of remedial project managers, record keeping, troubleshooting and termination of O&M. The guidance can be found on the Internet at http://www.epa.gov/superfund/new/newstuff.htm.

• Ecology sought funding during the 2001 Legislative session to implement the "Proposed Strategy on Persistent, Bioaccumulative Toxins (PBTs)." The House and Senate approved a budget of $800,000 with virtually no strings attached as to how Ecology can spend the money. EPA is also currently developing a national strategy on PBTs. Ecology has adopted 9 of the 12 PBT chemicals EPA listed. The two strategies have similar prevention and control proposals. Ecology's PBT strategy may have an impact on Mercury, PCBs or other PBT chemicals (as they are added to the PBT list) at Hanford.

• On July 19, 2001, EPA published a notice of proposed rulemaking in the Federal Register soliciting public input on a range of Maximum Contaminant Level (MCL) options for the arsenic in drinking water standards. EPA is requesting comment on whether the data and technical analyses in the arsenic rule published in the Federal Register on January 22, 2001, and any new information that may be available would support setting the enforceable arsenic standard or MCL at 3, 5, 10 or 20 micrograms per liter. Comments on the proposed rulemaking must be received by EPA on or before October 31, 2001.

• On July 3, 2001, the Department of Transportation (DOT) published a notice of proposed rulemaking in the Federal Register to revise the current incident reporting requirements of the Hazardous Materials Regulation and the hazardous materials incident report form, DOT Form F 5800.1. The major changes DOT is proposing include: collecting more specific information on the incident reporting form, expanding reporting exceptions, expanding reporting requirements to persons other than carriers, reporting undeclared shipments of hazardous materials, notifying shippers of incidents; and reporting non-release incidents involving bulk packages. Comments on the proposed rulemaking must be received by EPA on or before October 1, 2001.

• On July 20, 2001, EPA published an updated list of chemicals subject to reporting requirements of the Toxic Release Inventory including seven chemicals subject to reporting for the first time. The updated list includes seven chemicals newly added to the TRI, such as, benzo(g,h,i)perylene, benzo(j,k)fluorine, 3-methylcholantrene, octachlorostyrene, pentachlorobenzene, tetrabromobisphenol A, and vanadium. The lists can be found on the Internet at http://www.epa.gov/ceppo/whatnew.html.