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

Volume 19, Number 5 - December 12, 1997

From Washington D.C.:

EPA AND THE NUCLEAR REGULATORY COMMISSION RELEASE GUIDANCE ON MIXED WASTE TESTING REQUIREMENTS

On November 20, EPA and the Nuclear Regulatory Commission (NRC) published a joint final guidance on Testing Requirements for Mixed Waste. The guidance primarily addresses testing of mixed low-level waste (LLW). Additional information, however, on testing of hazardous waste which could apply to both mixed LLW and other types of mixed waste including high-level and transuranic mixed waste is found in Appendix A of the guidance. The guidance was written for commercial mixed waste generators that are NRC licensed; however, the information is also intended for testing mixed waste at Federal facilities including Hanford.

The guidance contains information on:

The guidance also describes methods that mixed waste handlers can use to analyze mixed waste that may reduce their occupational exposure to radiation and, at the same time, satisfy the RCRA testing requirements. In situations where testing is required, the guidance provides two options for achieving radiation exposures as low as reasonably achievable. These include the use of a sample size of less than 100 grams for the Toxicity Characteristics Leaching Procedure. For a copy of the guidance, email or call JoAnn_A_ McCoy@rl.gov of Waste Management Federal Services of Hanford, Inc. at (509) 372-3596. For more information, email or call Anthony_G_Miskho@rl.gov of Fluor Daniel Hanford, Inc. at (509) 376-7313.

EPA ISSUES DRAFT COMPLIANCE ASSURANCE MONITORING TECHNICAL GUIDANCE

On December 2 EPA published a notice announcing that its draft Compliance Assurance Monitoring (CAM) Technical guidance is available for public review and comment. The process for developing this guidance was described in the preamble to the final CAM rule that was signed by EPA on October 3, 1997. The draft CAM Technical guidance provides non-prescriptive examples of different types of monitoring facilities can use for various control equipment and emission units to satisfy the CAM requirements. The intent of this guidance is to provide industry and permitting authorities with examples that will assist them in streamlining permit review where the industry proposes monitoring based on one of the examples.

The draft CAM Technical Guidance Document is available on EPA's Technology Transfer Network site at http://ttnwww.rtpnc.epa.gov/html/emticwww/index.htm. Comments on the guidance must be received in EPA by January 5, 1998. For more information, email or call Kirk_A_Peterson@rl.gov of Fluor Daniel Hanford, Inc. at (509) 372-2364.

From Olympia:

DECISION BY THE POLLUTION CONTROL HEARINGS BOARD ON THE STATE ENVIRONMENTAL POLICY ACT COULD IMPACT CERTAIN PERMITS AND PROJECTS

In a recent preliminary ruling in the case Global Aqua vs Ecology, the Pollution Control Hearings Board (PCHB) determined that certain projects and permits that have, heretofore, been exempt from the threshold determinations of the State Environmental Policy Act (SEPA) may now be required to prepare an alternatives analysis. This ruling was made on a little used provision of SEPA, RCW 43.21C.030(2)(e), which requires that project applicants prepare an alternatives analysis in cases where a proposed activity involves an "unresolved conflict concerning alternative uses of available resources". The PCHB did not indicate what activities would lead to a competing use of natural resources nor did it define what an acceptable alternatives analysis is. A dissenting member of the PCHB pointed out that potentially any decision that could be appealed to the PCHB involves an "unresolved conflict".

Since this could impact businesses in Washington, the Association of Washington Business (AWB) is considering introducing legislation in the 1998 legislative session to amend SEPA in order to clarify this provision. The activities at Hanford that could be impacted by this include the air operating permit and wastewater discharge permits. For more information, email or call Marsha_A_Beery@rl.gov of Fluor Daniel Hanford, Inc. Olympia Office at (360) 709-0664.

EPA SETTLES LAWSUIT WITH ENVIRONMENTAL GROUPS OVER WASHINGTON'S 303(d) LIST

EPA Region 10 recently settled a lawsuit with two environmental organizations, the Northwest Environmental Advocates and the Northwest Environmental Defense Center, on the timing and adequacy of Washington's 303(d) listings. Section 303(d) of the Clean Water Act (CWA) requires states to prepare a list of waterbodies that do not, or are not expected to, comply with water quality standards. The state is then required to prepare a "Total Maximum Daily Load (TMDLs)" of pollutants for each water quality limited or "impaired" segment. The final TMDL's are used by the state to set effluent limits in NPDES and wastewater discharge permits and to require controls of non-point sources that impair the water quality. EPA Region 10 must approve the states list and schedule the TMDL process.

As a result of the lawsuit, EPA has entered into an agreement with Ecology on how the TMDL process will be implemented. The agreement includes: a schedule for development of TMDLs, TMDL prioritization, the public participation process, TMDL scoping and project planning, TMDL point source and nonpoint source development and implementation, EPA review of TMDLs, and the TMDL tracking system. Ecology will be requesting a supplemental budget of $1.2M during the 1998 legislative session to allow them to hire 10 FTEs to implement the TMDL process. Businesses, including Hanford, that may apply for new NPDES or wastewater discharge permits or apply to modify their existing permits may be impacted by this ruling. For more information, email or call Marsha_A_Beery@rl.gov of Fluor Daniel Hanford, Inc. Lacey Office at (360) 709-0664.

Notice:

A new feature has been added to the index page. It is a table of Ecology's Semi-Annual Rule Agenda that describes rulemaking activities that are applicable to or may be of interest at Hanford. This table will be updated every 6 months. If you have any questions about the table or rulemaking activities, email or call Marsha_A_Beery@rl.gov of Fluor Daniel Hanford, Inc. Lacey Office at (360) 709-0664.


FEDERAL/STATE
REGISTER REVIEW
Note: For electronic copies of Federal Register (FR) items or hard copies of Washington State Register (WSR) items listed here, email or call JoAnn_A_ McCoy@rl.gov of Waste Management Federal Services of Hanford, Inc. at (509) 372-3596.
62 FR 58840
On October 30, EPA published a notice announcing that the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) has prepared proposed Acute Exposure Guideline Levels (AEGLs) for 12 chemicals. The NAC/AEGL Committee is asking for public comment on these proposed AEGLs. Comments were to be submitted to EPA by December 1, 1997.
62 FR 60448
On November 7, EPA and the Department of Agriculture published a notice announcing that on October 18, 1997, Vice President Gore released his Clean Water Initiatives to celebrate the 25th anniversary of the CWA. At the same time, he asked the EPA and USDA to lead the effort to implement these initiatives. Federal Agencies have been directed to develop a comprehensive Action Plan within 120 days which will contain steps for improving and strengthening water pollution control efforts. Currently, EPA, USDA and other Federal agencies are working on this Action Plan and are planning a series of public meetings with constituent groups to discuss this Plan. Also, EPA and USDA have created an Internet Website to provide information for the public on this activity. Comments on the Action Plan must be received in EPA/USDA by December 8, 1997.
62 FR 60694
On November 12, DOE published a notice announcing that it has submitted a notification to extend the requirement to transmit an implementation plan on Recommendation 97-2 to the Defense Nuclear Facilities Safety Board (DNFSB) for 45 days. The DNFSB published Recommendation 97-2 on Criticality Safety at Defense Nuclear Facilities in the DOE Complex on May 29, 1997. The Atomic Energy Act requires DOE to either send the DNFSB an implementation plan or request an extension. Comments on the request for extension must be received in the DNFSB by December 12, 1997.
62 FR 62079
On November 20, EPA and the NRC published a joint final guidance on the testing requirements for mixed waste (see article this edition). The guidance primarily addresses testing of mixed low-level waste.
62 FR 63662
On December 2, EPA published a notice announcing that the draft Compliance Assurance Monitoring Technical Guidance Document is available for public review (see article, this edition). A copy of this guidance may be obtained on EPA's Technology Transfer Network at http://ttnwww.rtpnc.epa.gov/html/emticwww/index.htm. Comments on the draft must be received in EPA by January 5, 1998.
62 FR 63937
On December 3, EPA published a notice announcing that the National Center for Environmental Assessment is planning to update and revise EPA's Air Quality Criteria for carbon monoxide as required by the Clean Air Act. EPA is asking the public to assist them by submitting information that has been published, accepted for publication or presented at a public scientific meeting on carbon monoxide. Information must be received in EPA by December 31, 1997.
WSR 97-21-030
On November 5, Ecology published its final rule amending SEPA. The amendments are required as a result of Engrossed Substitute House Bill 1724 and are intended to better integrate the requirements of SEPA and the Growth Management Act. The final rule became effective on November 10, 1997.
WSR 97-21-140
On November 5, Ecology published its final rule repealing Chapter 173-401-830 WAC, Appendix A, Insignificant Activities and Emission Units. This section is being repealed since a more comprehensive list of insignificant emission units and activities was written into Chapter 173-401 WAC in 1994. The final rule became effective on November 17, 1997.
WSR 97-21-073
On November 5, Ecology published an emergency rule extending the existing emergency rule for processing certain water right applications or applications for change or transfer of water rights which was to expire on October 18, 1997. The proposal for adopting a permanent rule was filed August 18, 1997 as WSR 97-17-081. The emergency rule is effective immediately.
WSR 97-22-048
On November 15, Ecology published a proposed rule to amend the instream resource protection program for the main stem and the John Day-McNary Pools Reach of the Columbia River. The amendment is the result of Engrossed Substitute House Bill 1110 passed in the 1997 legislative session which ended the moratorium Ecology had placed on new water appropriations on these reaches of the river. Comments on the proposed rule must be received in Ecology by December 26, 1997.

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URL: http://www.hanford.gov/pubs/envnews/dec1997.html
Last Updated: December 11, 1997