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

Volume 21, Number 12 - December 10, 1999

From Washington, D.C.:

EPA ISSUES PROPOSED RULE TO AMEND AND RETAIN THE MIXTURE AND DERIVED-FROM RULES

On November 19, 1999, EPA published its proposed rule (64 FR 63382) to amend and retain the mixture rule and derived-from rule and to establish an exemption from the Hazardous Waste Identification Rule (HWIR) under the Resource Conservation and Recovery Act (RCRA). Under this revision, EPA proposes to:

The rule also provides a discussion on whether to revise the Land Disposal Restrictions by replacing the technology-based treatment standards in 40 CFR 268.40 and 268.48 with risk-based treatment standards.

On the same day in the Federal Register, EPA proposed (64 FR 63464) to conditionally exempt hazardous waste mixed with low-level wastes or mixed with Naturally Occurring and/or Accelerator-produced Radioactive Material from the storage, transportation, and disposal requirements of RCRA. Currently, Tony Miskho with Compliance Field Services is evaluating the rule to determine how it will impact Hanford. Comments on the rule must be received in EPA by February 17, 2000. For more information, email or call Anthony_G_Miskho@rl.gov of Fluor Daniel Hanford, Inc. at (509) 376-7313.

DOE ISSUES A RECORD OF DECISION TO ADOPT A COMPREHENSIVE LAND USE PLAN AT HANFORD

On November 12, 1999, DOE published a Record of Decision (64 FR 61615) in the Federal Register on the Comprehensive Land Use Plan (CLUP) Environmental Impact Statement (EIS) for Hanford. The purpose of the CLUP is to facilitate decision-making on the site's uses and facilities for the next 50 years. The CLUP includes a land-use map, land-use designations, land-use policies, and a set of procedures for plan implementation. Of those six alternatives evaluated in the EIS, DOE chose the DOE Preferred Alternative which balances multiple uses of the Hanford site, including future DOE missions, non-DOE federal missions, and other public and private sector land uses. The DOE Preferred Alternative will:

A copy of the CLUP EIS can be downloaded from the Internet at http://nepa.eh.doe.gov/eis/eis0222.html. For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Olympia Office at (360) 709-0664.

From Ecology:

ECOLOGY ISSUES PROPOSED MODEL TOXICS CONTROL ACT RULE

On November 17, 1999, Ecology published its proposed rule (99-22-077) to amend Chapter 173-340 WAC, the Model Toxics Control Act (MTCA), Chapter 173-321 WAC, Public Participation Grants, and Chapter 173-322 WAC, Remedial Action Grants and Loans in the Washington State Register. The proposed amendments implement changes recommended by the Policy Advisory Committee that was convened by the legislature to evaluate MTCA, by Governor Locke's Executive Order 97-02 on regulatory reform and by other laws that have been enacted since the last amendment to these rules. The proposed amendments will:

Ecology will be holding several public hearings throughout the state in December including public hearings in Yakima on December 16, 1999, and in Spokane on December 15, 1999. Marsha Beery with FDH's Olympia Office will be coordinating comments for the site to submit to Ecology. Additionally, a team of site staff will be evaluating the impacts of the rule at Hanford and will be preparing a white paper on their findings. Comments on the proposed rule must be received in Ecology by January 17, 2000. The proposed rule can be downloaded from the Internet at http://www.wa.gov/ecology/tcp/cleanup.html.

Ecology has also released several other documents at the same time the proposed rules were published including the "MTCA Proposed Rule Amendments Draft Environmental Impact Statement," the "Terrestrial Environmental Evaluation Pilot Study Report" and the "Small Business Economic Impact Statement." For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Olympia Office at (360) 709-0664.

DOH EVALUATES ITS RADIATION PROTECTION AIR EMISSION RULES

DOH recently announced that it was evaluating Chapter 246-247 WAC, the Radiation Protection - Air Emission rule as a result of a petition they received last summer from a private party to review the regulations and Governor Locke's Executive Order 97-02 that requires state agencies to complete a review of all controversial or significant rules by January 2001. As part of this evaluation, DOH asked Hanford staff as well as other interested parties to provide comments to them on the preliminary review and recommendations DOH staff recently completed on the rule. John Bates with Compliance Field Services coordinated comments for the site and submitted them to DOH by the December 3, 1999 due date.

DOH indicated that they will be reviewing the comments to determine whether or not the rule needs to be revised, repealed or left alone. Jan Haywood, who is lead at DOH on this effort, indicated that she felt the determination would be made within the next couple of months. For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Olympia Office at (360) 709-0664.

DOH ISSUES PROPOSED REVISIONS TO THE RADIATION PROTECTION REGULATIONS

On November 17, 1999, the DOH published its proposed revisions to the radiation protection regulations (99-22-086) in the Washington State Register to adopt recently promulgated U.S. Nuclear Regulatory Commission (NRC) rules. The revisions are required under Washington's Agreement State status with the NRC. The revisions establish the radiological cleanup criteria that licensees must follow to terminate their licenses and specify that a licensee vacating its premises, terminating its license, or decontaminating and decommissioning its site must meet the new criteria. This regulation is applicable to all facilities licensed by DOH to use or store radioactive material. It will not apply to the U.S. Ecology commercial low-level radioactive waste disposal site, uranium mining and milling facilities, or facilities under federal jurisdiction such as U.S. Naval facilities or Hanford. DOH is holding public meetings on December 9, 1999, in Seattle and December 10, 1999, in Spokane. The proposed regulation can be downloaded from the Internet at http://slc.leg.wa.gov/wsr/register.htm. Comments on the proposed rule must be received in DOH by December 31, 1999.

Briefly:

Ecology recently released a document entitled, "Washington's Water Quality Management Plan (WQMP) to Control Nonpoint Sources of Pollution." This WQMP has been updated as a result of President Clinton's Clean Water Action Plan which requires each state to update its plan for managing nonpoint pollution in 1999 in order to qualify for grants under the Clean Water Act (CWA). The WQMP is a statewide look at protecting Washington's natural resources from nonpoint pollution. The WQMP can be downloaded from the Internet at http://www.wa.gov/ecology/biblio/wq.html.

EPA recently announced that it will be creating a new Internet Website called the Compliance Assistance Clearinghouse, that will connect environmental compliance officials with each other and provide compliance information. This Website will provide environmental compliance data and allow users to find compliance experts. The Website will be operational by September, 2000.

EPA recently released a report entitled, "Air Quality for Particulate Matter" which will be used as the basis for its decision to retain or revise the national standards set in 1997 on particulate matter. The report is an updated version from the one released in 1996. It reflects the current scientific research on particulates. Comments on the report must be received in EPA by January 14, 2000. The report can be downloaded from the Internet at http://www.epa.gov/ncea/.

On November 30, 1999, EPA published a notice in the Federal Register (64 FR 66909) announcing that it was going to evaluate and update its public participation requirements. The agency will be evaluating how well its regulations and policies ensure public participation in agency decision-making. To this end, EPA has convened a workgroup that will conduct a review of EPA's public participation regulations and policies and provide a report of their findings including an action plan to update requirements to EPA's Administrator by January 31, 2000. EPA is also soliciting public comments, which must be received in their office by December 30, 1999.


FEDERAL/STATE
REGISTER REVIEW
64 FR 59141
On November 2, 1999, EPA published a notice announcing that it was proposing to begin rulemaking on the allocation of essential-use allowances for ozone depleting substances for the 2000 control period. Comments on the proposed rulemaking must be received in EPA by December 2, 1999.
64 FR 59246
On November 2, 1999, EPA published a notice announcing that it was proposing to begin rulemaking on a multimedia approach to reduce radon risks in indoor air while protecting public health from the highest levels of radon in drinking water. Comments on the proposed rulemaking must be received in EPA by January 3, 2000.
64 FR 60194
On November 4, 1999, EPA published a policy statement on a category for persistent, bioaccumulative and toxic new chemical substances. The policy statement becomes effective January 3, 2000.
64 FR 61142
On November 9, 1999, the NRC published a revision to its General Statement of Policy and Procedure for NRC Enforcement Actions (NUREG-1600). The policy becomes effective November 9, 1999.
64 FR 61182
On November 9, 1999, EPA published its final rule revising the human health water quality criteria for polychlorinated biphenyl's (PCBs) in the National Toxics Rule based on EPA's reassessment of the cancer potency of PCBs. The revised criteria are applicable to several States including Washington. The final rule becomes effective December 9, 1999.
64 FR 61348
On November 10, 1999, EPA published a notice announcing that it was extending the public comment period on the draft guidance for States that wish to use an economic incentive program to achieve air quality improvements. The draft guidance is entitled, "Draft Economic Incentive Program Guidance." Comments on the draft guidance must be received in EPA by December 10, 1999.
64 FR 61615
On November 12, 1999, DOE published a record of decision to adopt a Comprehensive Land-Use Plan for the Hanford Site (see article, this edition). The purpose of the land-use plan and implementing policies and procedures is to facilitate decision-making on the site's use and facilities over the next 50 years.
64 FR 61807
On November 15, 1999, EPA published a notice announcing that it was holding public meetings on its August 3, 1999, proposed rule to lower the reporting thresholds for lead and lead compounds that are subject to reporting under Emergency Planning and Community Right-to-Know Act and Pollution Prevention Act. The meetings will be held in Los Angeles, CA, on November 30, 1999, in Chicago, Illinois, on December 2, 1999, and in Washington D.C., on December 14, 1999.
64 FR 63025
On November 29, 1999, EPA published a notice announcing revisions to the list of categories of major and area air pollution sources and a schedule for promulgation of standards for sources of hazardous air pollutants that were published in the Federal Register on February 12, 1998. The effective date of the revisions is November 18, 1999.
64 FR 63209
On November 19, 1999, EPA published technical corrections to the revised standards for hazardous waste combustors final rule published in the Federal Register on June 19, 1998, and the Hazardous Waste Combustors National Emission Standards for Hazardous Air Pollutants Final Rule published in the Federal Register on September 30, 1999. The final rule became effective November 19, 1999.
64 FR 63382
On November 19, 1999, EPA published a proposed rule to retain and amend the mixture rule and the derived-from rule in RCRA (see article, this edition). The proposed rule also discusses an implementation framework for an exemption from the Hazardous Waste Identification Rule. Comments on the proposed rule must be received in EPA by February 17, 2000.
64 FR 63464
On November 19, 1999, EPA published a proposed rule that would provide flexibility to facilities that manage low-level mixed waste and naturally occurring and/or accelerator-produced radioactive material mixed with hazardous waste. Comments on the proposed rule must be received in EPA by February 17, 2000.
64 FR 63695
On November 22, 1999, EPA published amendments to its final rule on wastewater provisions for the acetal resins, acrylic and modacrylic fiber, and polycarbonate production source categories. The final rule became effective November 22, 1999.
64 FR 63779
On November 22, 1999, EPA published proposed amendments to the National Emission Standards for Hazardous Air Pollutants: Generic Maximum Achievable Control Technology rule. The proposed rule amends regulation of surge control vessels and bottoms receiver vessels. Comments on this proposed rule must be received in EPA by January 21, 2000.
64 FR 63808
On November 22, 1999, EPA published a notice announcing that it was submitting an ICR to OMB on NESHAP Subpart M, National Emission Standards for Asbestos for review and comment. Comments must be received in EPA by December 22, 1999.
64 FR 63809
On November 22, 1999, EPA published a notice announcing that it was submitting an ICR to OMB on NESHAP, Benzene Waste Operations. Comments on this ICR must be received in EPA by December 22, 1999.
64 FR 66632
On November 29, 1999, EPA published a notice announcing that it was issuing draft nitrogen oxide compliance plans in accordance with 40 CFR parts 72 and 76, the Acid Rain Program rule. Comments on the draft plans must be received in EPA by December 29, 1999.
64 FR 66906
On November 30, 1999, EPA published a notice that it was evaluating and updating its public participation requirements (see Briefly, this edition). EPA has convened a workgroup to conduct this review and prepare a report of their findings for the Administrator by January 31, 2000. Comments on this action must be received in EPA by December 30, 1999.
64 FR 67054
On November 30, 1999, DOE published a supplemental notice of proposed rulemaking to amend the policies under the Nuclear Waste Policy Act of 1982 for evaluating the suitability of Yucca Mountain, Nevada, as a site for development of a nuclear waste repository. This revised proposal focuses on the criteria and methodology to be used for evaluating geological and related aspects of the Yucca Mountain site. Comments on the proposed amendment must be received in DOE by February 14, 2000.
64 FR 67092
On November 30, 1999, EPA published proposed standards and guidelines that address nonhazardous waste burned at new and existing commercial and industrial solid waste incineration units. The standards and guidelines will protect public health by reducing exposure to air pollution. Comments on the proposed standards and guidelines must be received in EPA by January 31, 2000.
WSR 99-21-100
On November 3, 1999, Ecology published a preproposal statement of inquiry to announce that it had begun rulemaking to withdraw the unappropriated ground waters of the Yakima River Basin from further appropriation until completion of a study of the ground water hydrology of the basin. Comments on this preproposal statement of inquiry can be submitted to Ecology.
WSR 99-21-021
On November 3, 1999, Ecology published a policy statement relating to RCW 90-44.100(3) to assist water right permit and certificate holders who desire to amend a ground water right to add a well or to replace an existing well by complying with statutory criteria. The policy statement became effective September 30, 1999.
WSR 99-22-079
On November 17, 1999, Ecology published a preproposal statement of inquiry to begin rulemaking to revise Chapter 173-304 WAC, the Minimum Functional Standards for solid waste handling. This rule establishes standards and requirements for management and disposal of solid waste other than the design, construction, and operation of municipal solid waste landfills. Comments on this preproposal statement of inquiry can be submitted to Ecology.
WSR 99-22-077
On November 17, 1999, Ecology published its proposed amendments to the Model Toxics Control Act rule, public participation grants and remedial action grants (see article, this edition). Comments on the proposed rule must be received in Ecology by January 17, 2000.
WSR 99-22-086
On November 17, 1999, the Department of Health published its proposed rule to adopt radiation protection standards that would conform to the U.S. NRC rule on radiological criteria for license termination (see article, this edition). Comments on the proposed rule must be received in DOH by January 5, 2000.
WSR 99-22-087
On November 17, 1999, DOH published its proposed rule to amend the environmental health fees of Chapter 246-290-990 WAC, Water System Evaluation and Project Review and Approval Fees and Chapter 246-292-160 WAC, the Water Works Certification Fees. DOH is proposing to increase the fees to the fiscal growth factor of 3.32%. These fees support the public health activities in the drinking water program. Comments on the proposed rule must be received in DOH by December 23, 1999.

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URL: http://www.hanford.gov/pubs/envnews/dec1999.html
Last Updated: December 7, 1999