Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 26, Number 8 - August 13, 2004

From Washington, D.C.:

EPA PUBLISHES NOTICE OF RECONSIDERATION OF THE FINAL NEW SOURCE REVIEW REGULATION FOR THE EQUIPMENT REPLACEMENT PROVISION

On July 1, 2004, EPA published a notice in the FR (69 FR 40277) announcing its reconsideration of certain issues arising from the final rule amendments published in the FR on October 27, 2003 and December 24, 2003 regarding the major New Source Review (NSR) program mandated by parts C and D of title I of the Clean Air Act (CAA). Following the publication of these final rules, EPA received petitions for reconsideration from several environmental groups, public interest organizations and states. As a result of these petitions, EPA is reconsidering certain issues arising from the final rule and is seeking public comment on these. These issues include:

The legal basis for determining that the Equipment Replacement Provision (ERP) was allowable under the CAA;
The justification for selecting the 20 percent replacement cost threshold to determine if a replacement was routine; and
A simplified procedure for incorporating the ERP into the state implementation plans (SIPs) that lacks EPA-approved regulations for enforcing NSR.

EPA is seeking comments on these provisions only and will not respond to any other comments on other provisions of the rule. The Agency plans to issue a final decision on these issues and other issues raised in the various petitions by December 28, 2004. A public hearing was held August 2, 2004 at the Sheraton Hotel in Durham, NC to discuss these issues. Comments on them must be received by EPA on or before August 30, 2004. In a related matter, EPA published a final rule in the FR (69 FR 40273) which addresses the stay of the effectiveness of the ERP NSR Routine Maintenance, Repair and Replacement (RMRR) exclusion in the Code of Federal Regulations (CFR). The final rule provides EPA's interpretation of the effect of the stay on the Prevention of Significant Deterioration Federal Implementation Plans (PSD FIP) in various SIPs. The stay was issued by the U.S. Court of Appeals for the District of Columbia Circuit on December 24, 2003. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

EPA PROPOSES TO GRANT AN EXCLUSION TO DOE FOR CERTAIN RCRA WASTES AT THE HANFORD SITE

On July 15, 2004, EPA published a proposed rule in the FR (69 FR 42395) to grant a petition submitted by the DOE, Richland Operations Office (RL), to exclude from the RCRA regulation certain mixed wastes that are treated at the 200 Area Effluent Treatment Site (200 Area ETF). EPA is proposing to conditionally grant the exclusion based on an evaluation of waste stream-specific and treatment process information provided by DOE-RL. The action would delist treated effluents produced by the 200 Area ETF which were first delisted in June 1995 (60 FR 6054).

EPA is proposing to modify the June 1995 delisting by increasing the annual quantity of waste delisted to conform to the expected full treatment capacity of the 200 Area ETF. The agency is also proposing to expand the list of constituents associated with hazardous waste number F039 (multi-source leachate) from the current F001 to F005 constituents to all constituents for which F039 waste is listed. The change will allow ETF to fulfill its anticipated future missions which include treating mixed wastewaters from a number of additional sources beyond 242-A Evaporator process condensate upon which the original delisting was based. EPA is also proposing to expand the list of hazardous waste numbers for which treated effluent is delisted to include certain wastewater forms of U-and P-listed wastes. This addition of listed wastes is intended to accommodate possible management of U- and P-listed wastes from spill cleanup or decontamination associated with management of these wastes at the Central Waste Complex or other storage facilities. Comments on the proposed rule must be received in EPA by August 30, 2004. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Program Services.

EPA PUBLISHES FINAL RULE AMENDING THE CRITERIA FOR THE CERTIFICATION AND RECERTIFICATION OF THE WASTE ISOLATION PILOT PLANT COMPLIANCE WITH THE DISPOSAL REGUATIONS

On July 16, 2004, EPA published a final rule in the FR (69 FR 42571) amending the "Criteria for the Certification and Recertification of the Waste Isolation Pilot Plant's (WIPP) Compliance with the Disposal Regulations" proposed August 9, 2002 (67 FR 51930-51946). The final rule includes amendments that:

Add a mechanism to address minor changes to the provisions of the Compliance Criteria;
Change the approval process for waste characterization programs at DOE transuranic waste sites;
Change the number of copies of compliance applications and reference materials submitted to EPA; and
Replace the term "process knowledge" with "acceptable knowledge."

The changes are intended to maintain and improve EPA's oversight of WIPP to ensure safe disposal of waste. The changes will not modify the technical approach that EPA employs when conducting independent inspections of the waste characterization capabilities at DOE waste generator/storage sites. EPA is conducting the action in accordance with the procedures for substituting alternative provisions in the Compliance Criteria. The final rule becomes effective October 14, 2004. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Program Services.

From Olympia:

ECOLOGY PUBLISHES PROPOSED RULE TO AMEND THE DANGEROUS WASTE REGULATION

On July 21, 2004, Ecology published a proposed rule in the Washington State Register (WSR 04-14-094) to amend the Dangerous Waste (DW) Regulation. The purpose of the proposed rule is to update the state rule with federal requirements and implement certain state-only requirements such as the hazardous waste facilities initiative on recycling and used oil facilities. The proposed rule includes amendments that:

Add mercury-containing equipment as a "universal waste" with simpler handling requirements;
Define "knowledge" as used for waste designation and TSD waste activities;
Expand satellite accumulation requirements to append 90-day accumulation requirements;
Extend financial responsibility requirements to recyclers and used oil processors;
Modify the Chemical Testing Methods manual to clarify when persistent wastes designate as dangerous wastes;
Allow some wastewater treatment unit (PBR units) operators to accept more off-site wastes for treatment at their facility;
Modify used oil testing requirements to make it easier for Ecology to request a chlorinated compounds test instead of requiring full designation testing;
Clarify that used oil generated by conditionally exempt small quantity generators that is to be burned for energy recovery or re-refined must be managed under the used oil rules in Chapter 173-303-515 WAC;
Add new corrective action management unit (CAMU) requirements, including the provision that allows "CAMU-eligible" waste to managed off-site;
Change the SIC codes to the NAICS codes;
Change the "once listed, always listed" rule by adopting a few of the mixture rule exclusions; and
Exempt some listed waste residues that no longer exhibit the characteristics for which they were listed.

Comments on the proposed rule must be received by Ecology on or before September 10, 2004. Ecology held video conference hearings simultaneously on August 10, 2004 from 1 p.m. to 4 p.m. at the University of Washington in Tacoma, the Spokane Community College in Spokane, University of Washington in Seattle, and Yakima Valley Community College in Yakima. For more information, email or call Anthony_G_Miskho@rl.gov with Fluor Hanford's Waste Operations at (509) 376-7313.

Briefly:

Ecology recently released a draft summary of the Washington State Hazardous Waste Management Plan and Solid Waste Management Plan (the draft Plans). The draft Plans contain recommendations on how wastes will be reduced in the environment over time by using them as resources. Some of the short term recommendations in the draft Plans include: encourage new businesses to adopt sustainability practices; form a work group on low-interest loans for pollution prevention technologies; collaborate with affected parties to explore changes to hazardous waste fees and taxes; modify the DW Regulations to encourage waste reduction and toxics minimization; and encourage pollution prevention planners to address hazardous substance use, including toxicity and risk, in their pollution prevention plans. Comments on the draft Plans must be received by Ecology on or before August 13, 2004. The draft Plans can be found on the Internet at http://www.ecy.wa.gov/beyondwaste.
On July 6, 2004, EPA published a notice in the FR (69 FR 40632) announcing that it is extending the public comment period on the revised drafts for Chapters 7, 8, and 9 of the document entitled, "Air Quality Criteria for Particulate Matter," from July 20, 2004 to July 30, 2004. Comments on the drafts must be received by EPA on or before July 30, 2004.
On July 7, 2004, EPA published a direct final rule in the FR (69 FR 40787) making several minor changes to the Inventory Update Rule reporting requirements under 40 CFR, Part 710 of the Toxic Substances Control Act (TSCA). These corrections include: relocating the non-isolated intermediate definition; correcting the low current interest partial exemption chemical list; correcting the percent production volume associated with the chemical substance's physical form reporting requirement; correcting overlapping site ranges in the number of sites code table; and updating the procedure to obtain the reporting documents. The direct final rule becomes effective September 7, 2004 unless EPA received adverse comments by August 6, 2004.
On July 8, 2004, EPA published a notice in the FR (69 FR 41256) announcing that the applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made on the New Source Performance Standards (NSPS), the NESHAP and the Stratospheric Ozone Protection Program (SOPP) as available on the Applicability Determination Index (ADI) database system located on the Internet at http://www.epa.gov/compliance/assistance/applicability.
On July 9, 2004, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice in the FR (69 FR 41490) announcing the release of the 18th set of toxicological profiles, containing one new and five updated profiles. The ATSDR is required by CERCLA to prepare toxicological profiles for each substance included on the priority lists of hazardous substances. The ATSDR and EPA identified 275 hazardous substances that pose the most significant potential threat to human health. Comments on the toxicological profiles must be received in the ATSDR by October 17, 2004.
On July 16, 2004, EPA published a notice in the FR (69 FR 42727) announcing that the eRulemaking Initiative, a federal government-wide effort, will hold a series of public meetings and an online dialogue seeking public input on its major projects. The Initiative will use information technology to expand public understanding and involvement in the rulemaking process by providing a way for the public to search, view, and comment on the proposed federal regulations online. The public meetings will be held August 2, 2004 in San Francisco, CA, August 3, 2004 in Chicago, Ill, August 9, 2004 in Cambridge, MA and Online Dialogue, August 12, 2004 in Washington, D.C. Comments on the Initiative must be received by EPA on or before August 16, 2004.
On July 20, 2004, EPA published minor technical corrections in the FR (69 FR 43322) to the NESHAP for asbestos under Section 112 of the CAA. The action corrects typographical errors in Table 1 of the amendments that were promulgated on September 18, 2003. The final rule becomes effective August 18, 2004.
On July 22, 2004, EPA published a notice in the FR (69 FR 43842) announcing that it has forwarded an Information Collection Request (ICR) on the NESHAP for Beryllium to the Office of Management and Budget (OMB) for review and approval. The NESHAP for Beryllium requires facilities to monitor, record, and report beryllium emissions. The ICR has been submitted to continue collection of this information. The ICR is scheduled to expire on September 30, 2004. Comments on the ICR must be received by EPA on or before August 23, 2004.
On July 23, 2004 the State of Washington and the U.S. Department of Justice filed a stipulation in U.S. District Court for the Eastern District of Washington formalizing an agreement by the DOE to suspend off-site-generated shipments of low-level waste and mixed low-level waste to the Hanford site. The DOE agreed to stop sending these wastes to Hanford in response to a stipulation filed by Washington's Attorney General to block shipments of transuranic waste to Hanford. The AG amended a 2003 lawsuit where the Court issued a preliminary injunction against transfer of transuranic wastes to the site and is now seeking a preliminary injunction to add the off-site low-level waste and mixed low-level waste to Hanford alleging that shipments violate the National Environmental Policy Act. DOE agreed to halt the waste shipments until the earlier of two dates: November 15, 2004 or until the court rules on the preliminary injunction request.
On July 28, 2004, EPA published a notice in the FR (69 FR 45053) announcing that the draft Federal Guide for Green Construction Specs (the draft Guide) is available. The draft Guide provides tools to promote environmentally preferable purchasing during construction and renovation of government buildings. The draft Guide is being developed by EPA along with the office of the Federal Environmental Executive and the members of the multiagency-sponsored Whole Building Design Guide to help Federal building project managers meet various mandates established by statute and Executive Orders as well as EPA and DOE program recommendations. The draft Guide can be found on the Internet at http://fedgreenspecs.wbdg.org. Comments on the draft guide must be received by EPA on or before September 27, 2004.
On July 21, 2004, Ecology published a preproposal statement of inquiry in the Washington State Register (WSR) (04-14-055) to amend the definitions of clean soils and dredged material and contaminated soils and dredged material and the approach to managing soils containing contaminants of Chapter 173-350 WAC, the Solid Waste Handling Standards. Interested parties can participate in the rulemaking by contacting Mike Hibbler at (509) 329-3466.
On July 21, 2004, Ecology published a table of toxic cleanup program policies, procedures, and implementation memos in the WSR (04-14-056) that have been updated or are newly developed. The documents being updated are POL 3000, POL 101, POL 102, POL 540A; PRO 320, and PRO 321. Newly developed documents include: Implementation memo #4 and Implementation memo #5.

*FEDERAL/STATE*
	*REGISTER REVIEW*

69 FR 39862: On July 1, 2004, EPA published a correction to the NESHAP for Source Categories under 40 CFR Part 63 of the CAA. The correction is effective immediately.

69 FR 40003: On July 1, 2004, EPA published a final rule amending the transportation conformity rule under 40 CFR Part 93 of the CAA. The final rule adopts criteria and procedures for the new 8-hour ozone and fine particulate matter, PM 2.5, national ambient air quality standards. The final rule becomes effective August 2, 2004.

69 FR 40273: On July 1, 2004, EPA published a final rule to reflect the stay ordered by the U.S Court of Appeals for the District of Columbia Circuit on the effectiveness of the Equipment Replacement Provision of the Clean Air Act New Source Review Routine Maintenance, Repair and Replacement exclusion in the CFR (see article, this edition). The final rule became effective July 1, 2004.

69 FR 40277: On July 1, 2004, EPA published a notice announcing its reconsideration of certain issues arising from the final rules of October 27, 2003 and December 24, 2003 of major New Source Review programs mandated by parts C and D of title I of the CAA (see article, this edition). Comments on the reconsideration must be received by EPA on or before August 30, 2004.

69 FR 40370: On July 2, 2004, EPA published a notice to correct a notice published in the FR on May 17, 2004 concerning formation of the task force to determine the performance of the Title V operating permits program and public meetings to be held by the task force. The corrections are effective immediately.

69 FR 40632: On July 6, 2004, EPA published a notice announcing that it is extending the public comment period on the document entitled, "Air Quality Criteria for Particulate Matter," from July 20, 2004 to July 30, 2004 (see briefly, this edition). Comments on the drafts must be received by EPA on or before July 30, 2004.

69 FR 40787: On July 7, 2004, EPA published a direct final rule making several minor changes to the IUR reporting requirements under 40 CFR Part 710 of the TSCA (see briefly, this edition). The direct final rule becomes effective September 7, 2004 unless EPA received adverse comments by August 6, 2004.

69 FR 41256: On July 8, 2004, EPA published a notice announcing that the applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made on the NSPS, the NESHAP and the SOPP are available on the ADI database system (see briefly, this edition).

69 FR 41225: On July 8, 2004, EPA published a notice announcing that the public comment period on the proposed rule for Regional Haze Regulations and Guidelines for Best Available Control Technology Determinations (69 FR 25184, May 5, 2004) has been extended to July 15, 2004. Comments must be received by EPA on or before that date.

69 FR 41490: On July 9, 2004, the ATSDR published a notice announcing the release of the 18th set of toxicological profiles (see briefly, this edition). Comments on the toxicological profiles must be received in the ATSDR by October 17, 2004.

69 FR 42117: On July 14, 2004, EPA published a direct final rule amending the large municipal waste combustor (MWC) emission guidelines to add a carbon monoxide emission limit for a type of MWC technology that was not previously addressed. The direct final rule is effective September 13, 2004 unless EPA receives adverse comments by August 13, 2004. Elsewhere in the same federal register, EPA published a proposed rule (69 FR 42117) on this subject in the event the Agency receives adverse comments on the direct final rule and decides to withdraw it. Comments on the proposed rule must be received by EPA on or before September 13, 2004.

69 FR 42395: On July 15, 2004, EPA published a proposed rule to grant a petition submitted by the DOE-RL, to exclude from RCRA regulation as listed hazardous waste certain mixed wastes that are treated at the 200 Area ETF (see article, this edition). Comments on the proposed rule must be received in DOE by August 30, 2004.

69 FR 42560: On July 16, 2004, EPA published a notice announcing that it will hold a public hearing on August 2, 2004 on the reconsideration (68 FR 40278, July 1, 2004) of regulations governing Routine Maintenance, Repair and Replacement of the New Source Review program that are mandated by Parts C and D of Title I of the CAA. The public hearing was held at the Sheraton Imperial Hotel in Durham, North Carolina (see article, this edition).

69 FR 42571: On July 16, 2004, EPA published a final rule amending the "Criteria for the Certification and Recertification of the WIPP's Compliance with the Disposal Regulations" proposed August 9, 2002 (67 FR 51930-51946) (see article, this edition). The final rule becomes effective October 14, 2004.

69 FR 42727: On July 16, 2004, EPA published a notice announcing that the eRulemaking Initiative, a federal government-wide effort, will hold a series of public meetings and an online dialogue seeking public input on its major projects (see briefly, this edition). Comments on the Initiative must be received by EPA on or before August 16, 2004.

69 FR 43322: On July 20, 2004, EPA published minor technical corrections to the NESHAP for asbestos under Section 112 of the CAA (see briefly, this edition). The final rule becomes effective August 18, 2004.

69 FR 43325: On July 20, 2004, EPA published corrections to a final rule that was published on July 1, 2004 amending the transportation conformity rule to include criteria and procedures for the new 8-hour ozone and fine particulate matter (PM2.5). EPA is correcting two errors that appeared in the preamble to the final rule. The corrections became effective August 2, 2004.

69 FR 43842: On July 22, 2004, EPA published a notice announcing that it has forwarded an ICR on the NESHAP for Beryllium to the OMB for review and approval (see briefly, this edition). Comments on the ICR must be received by EPA on or before August 23, 2004.

69 FR 43844: On July 22, 2004, EPA published a notice announcing that it had forwarded an ICR on Obtaining Feedback On Public Involvement Activities and Processes to the OMB for review and approval. Comments on the ICR must be received by EPA on or before August 23, 2004.

69 FR 44649: On July 27, 2004, DOE published a Record of Decision (ROD) on the construction and operation of a depleted uranium hexafluoride conversion facility in the west-central portion of the Portsmouth, MA site. The ROD can be found on the Internet at http://www.eh.doe.gov/nepa.

69 FR 44654: On July 27, 2004, DOE published a ROD on the construction and operation of a depleted uranium hexafluoride conversion facility at the Paducah, KY, site. The ROD can be found on the Internet at http://www.eh.doe.gov/nepa.

69 FR 45053: On July 28, 2004, EPA published a notice announcing that the draft Federal Guide for Green Construction Specs is available (see briefly, this edition). Comments on the guidance must be received by EPA on or before September 27, 2004.

69 FR 45145: On July 29, 2004, EPA published a notice announcing that it was holding a public meeting to discuss regulatory determinations for the Second Contaminant Candidate List; updates for unregulated contaminant monitoring and EPA's efforts in developing the third Contaminant Candidate List. The meeting will be held September 15, 2004 in EPA's Headquarters, Washington, D.C.

69 FR 45313: On July 29, 2004, EPA published a notice announcing the OMB responses to ICRs submitted in June 2004.

69 FR 45592: On July 30, 2004, EPA published a final rule to remove the vacated 1997 PM 10 standards (American Trucking Associations v EPA, 175 F. 3d 1027 (D.C. Cir. 1999) and related requirements from the CFRs. The final rule became effective on July 30, 2004.

WSR 04-14-055: On July 21, 2004, Ecology published a preproposal statement of inquiry to amend the definitions of clean soils and dredged material and contaminated soils and dredged material and the approach to managing soils containing contaminants of Chapter 173-350 WAC, the Solid Waste Handling Standards (see briefly, this edition). Interested parties can participate in the rulemaking by contacting Mike Hibbler at 509/329-3466.

WSR 04-14-094: On July 21, 2004, Ecology published a proposed rule to amend the DW Regulation (see article, this edition). Comments on the proposed rule must be received by Ecology on or before September 10, 2004.

WSR 04-14-056: On July 21, 2004, Ecology published a table of toxic cleanup program policies, procedures, and implementation memos that have been updated or are newly developed (see briefly, this edition).

WSR 04-14-095: On July 21, 2004, Ecology published its semi annual rulemaking agenda for the period July 2004 to December 2004.

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