Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 23, Number 12 - December 14, 2001

From Washington D.C.:

EPA ISSUES FINAL RULE AMENDING THE DEFINITION OF MAJOR SOURCE UNDER THE CLEAN AIR ACT

On November 27, 2001, EPA published a final rule (66 FR 59161) in the Federal Register amending the definition of "major source" under 40 CFR Part 70 of the Clean Air Act (CAA). The final rule requires that a facility need not count fugitive emissions of nitrogen oxides, sulfur dioxide, particulate matter, and other air pollutants that are considered nontoxic when determining whether or not the facility is a "major source" of air pollution emissions and thus subject to state operating permit requirements. Fugitive emissions include emissions that arise from leaks in pumps, valves, storage piles, and other sources where emission control measures are not applied. Under the final rule, facilities are still required to count fugitive emissions of toxic air pollutants that would determine if the facility is a major source and fugitive non-toxic emissions covered by Federal new source performance standards (NSPS) issued before August 7, 1980.

This final rule responds to a lawsuit that challenged EPA's 1992 rule requiring that state operating permit programs count all non-hazardous fugitive emissions in major source determinations. EPA indicated in a fact sheet accompanying the final rule that states may keep or remove fugitive emission requirements from the definition of major source in their operating permit program regulations. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Compliance Services.

EPA ISSUES ADDITIONAL PROPOSED REGULATION AMENDING CORRECTIVE ACTION MANAGEMENT UNIT RULE

On November 20, 2001, EPA published a proposed rule (66 FR 58086) in the Federal Register amending the corrective action management rule to allow, under limited circumstances, hazardous waste eligible for placement in Corrective Action Management Unit (CAMU) sites to be disposed of in hazardous waste landfills. The principle hazardous constituents in the waste would have to be treated to the same, or in some cases higher, standards than would hazardous wastes going to CAMUs at a remediation site. The receiving hazardous waste landfill would be required to meet the RCRA minimum technology requirements for new landfills and to have a RCRA permit. Also, the public near the location would have an opportunity to comment on disposal at the landfill.

EPA is taking this action as a result of comments received during the comment period on the proposed CAMU rule (65 FR 51080) which was published in the Federal Register on August 22, 2000. In that notice, EPA proposed amendments to tighten standards for wastes managed at CAMUs during cleanup by establishing minimum design standards and minimum treatment requirements for hazardous remediation waste placed in CAMUs. EPA's proposed revisions did not address the issue of CAMU-eligible wastes shipped off-site, however, several people commented and asked EPA to address this issue. This proposed rule responds to these comments. Comments on the proposed rule were to be received by EPA on or before December 5, 2001. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services.

EPA OPENS COMMENT PERIOD ON DOE'S DOCUMENTS CHARACTERIZING TRANSURANIC RADIOACTIVE WASTE AT THE HANFORD SITE PROPOSED FOR DISPOSAL AT THE WASTE ISOLATION PILOT PROJECT

On November 27, 2001, EPA published a notice (66 FR 59208) in the Federal Register announcing that DOE documents on the characterization of transuranic (TRU) radioactive waste at the Hanford site proposed for disposal at the Waste Isolation Pilot Project (WIPP) in New Mexico were available for public review and comment. These documents are required by EPA as part of its approval process for allowing disposal of TRU radioactive waste at WIPP.

EPA plans to perform an inspection of Hanford's technical and quality assurance programs for TRU waste characterization in accordance with the WIPP compliance certification that was published in the Federal Register in May 13, 1998 (63 FR 27354). During the inspection, which will take place December 18-19, 2001, EPA will focus on select non-destructive assay and TRU waste packaging activities performed at the Plutonium Finishing Plant. If, as a result of the inspection, EPA determines that the proposed processes and programs at Hanford adequately control the characterization of TRU radioactive waste, the characterization data from these activities can be used to support certification of TRU waste for disposal at WIPP. Comments on the notice must be received by EPA on or before December 27, 2001. For more information, email or call Paul_J_Crane@rl.gov, TRU Program Manager, at (509) 372-3477 with the Fluor Hanford Waste Management Project.

EPA FORWARDS INFORMATION COLLECTION REQUESTS TO THE OFFICE OF MANAGEMENT AND BUDGET FOR REVIEW AND APPROVAL

EPA recently forwarded two Information Collection Requests (ICRs) to the Office of Management and Budget (OMB) for review and approval that may have some impact at Hanford. These ICRs are as follows:

• On November 27, 2001, EPA published a notice (66 FR 59248) in the Federal Register announcing that it was planning to submit an ICR on Requirements for Generators, Transporters, and Hazardous Waste Management Facilities Under the RCRA Hazardous Waste Manifest System to OMB for review and approval. This ICR expires on March 30, 2002. EPA believes that the manifest requirements, and the resulting information that is collected, mitigate potential hazards to human health and the environment by ensuring that hazardous waste is sent to and received by appropriate treatment, storage, and disposal facilities. EPA is soliciting comments to: (1) evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency; (2) evaluate the accuracy of the agency's estimate of burden of the proposed collection of information; (3) enhance the quality, utility, and clarity of the information to be collected, and (4) minimize the burden of the collection of information on those who are to respond. Comments on this ICR must be received by EPA on or before January 28, 2002.
• On November 29, 2001, EPA published a notice (66 FR 59590) in the Federal Register announcing that it has forwarded an ICR on Reporting and Recordkeeping Requirements for Facility Ground-Water Monitoring Requirements to OMB for review and approval. This ICR expires November 30, 2001. The ICR examines the ground water monitoring standards for permitted and interim status facilities under 40 CFR Parts 264 and 165. The ground-water monitoring requirements for regulated units follows a tiered approach. Each tier requires collection and analysis of ground-water samples. Owners or operators that conduct ground water monitoring are required to report information to the oversight agencies on releases of contaminants and to maintain records of ground water monitoring data at their facility. The goal of the ground water monitoring program is to prevent and quickly detect releases of hazardous contaminants in ground water so they can be cleaned up expeditiously to protect human health and the environment. Comments on this ICR must be received by EPA on or before December 21, 2001.

For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

Briefly:

• The Department of Transportation (DOT) published a notice in the Federal Register (66 FR 59220) announcing that it was extending the comment period on the proposed rule that was published in the Federal Register on June 14, 2001 (66 FR 32420), which clarifies the applicability of the Hazardous Materials Regulations on loading, unloading, and storage operations. DOT is taking this action as part of a broad review of its transportation safety and security programs as a result of the terrorist attack of September 11. The comment period has been extended to February 1, 2002. Comments must be received by DOT on or before that date.

• The American Chemistry Council, the National Association of Chemical Distributors, and the Chlorine Institute recently released a publication entitled, "Transportation Security Guidelines for the U.S. Chemical Industry." These guidelines were developed by the American Chemical Council to help companies and organizations to improve security for the transportation of hazardous materials. The document recommends a risk-based approach and provides examples of preventative measures and alternatives to address potential security concerns. The publication can be found on the Internet at http://www.americanchemistry.com.

• EPA recently released final guidance entitled, "2002 Integrated Water Quality Monitoring and Assessment Report Guidance," which contains recommendations to states for doing biological monitoring to determine if a water body is impaired, thus requiring a total maximum daily load. The guidance recommends that states submit an integrated report that satisfies their requirements under both Sections 303(d) and 305(b) of the Clean Water Act. Section 303(d) calls for a list of impaired waters and section 305(d) requires reports on the quality of state waters. For a copy of the report, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

• On November 2, 2001, the Nuclear Regulatory Commission (NRC) published a final rule (66 FR 55732) on licensing criteria for disposal of spent nuclear fuel and high-level radioactive wastes in the proposed geologic repository at Yucca Mountain, Nevada. This final rule amends the NRC's technical requirements and criteria to be consistent with the final environmental standards for Yucca Mountain issued by EPA. The criteria address how a repository system must perform and specify that it must comprise both natural and engineered barriers. The final rule includes: (1) licensing criteria; (2) participation in license reviews by the State, affected units of local government, and Indian Tribes; (3) records and reporting; (4) monitoring and testing programs; (5) performance confirmation; (6) quality assurance; (7) personnel training and certification; (8) and emergency planning. The final rule became effective December 3, 2001.

• On November 14 2001, DOE published a final rule (66 FR 57298) in the Federal Register which revises 10 CFR Part 960, the General Guidelines for the Recommendation of Sites for Nuclear Waste Repositories and promulgates a new rule, Part 963, the Yucca Mountain Site Suitability Guidelines. This final rule corrects the nonconformity of DOE's prior suitability guidelines to EPA's and NRC's current regulatory framework for the licensing of the Yucca Mountain repository. The final rule became effective December 14, 2001.

• On November 15, 2001, EPA published a notice in the Federal Register announcing the availability of interpretations it has made of applicability and alternative monitoring decisions under the New Source Performance Standards and the National Emission Standards for Hazardous Air Pollutants. The interpretations are being released in accordance with the Administrative Procedure Act and the CAA. These interpretations are EPA's written responses to inquiries from stakeholders on applicability and alternative monitoring. EPA currently compiles these inquiries on the Applicability Determination Index (ADI) on a quarterly basis. The interpretations can be found on the ADI at http://es.epa.gov/oeca/eptdd/adi.html.

• On November 20, 2001, EPA published a notice (66 FR 58070) in the Federal Register announcing that the requirements of Federally-enforceable State Implementation Plans in each State is available. Section 110(h) of the CAA requires EPA to assemble these documents every three years and publish them in the Federal Register. The SIPs for EPA Region 10, which includes Washington, can be found on the Internet at http://www.epa.gov/r10earth/sips.htm.

• On November 23, 2001, EPA published a notice (66 FR 58693) in the Federal Register announcing that it was extending the comment period on the proposed rule to revise and approve several analytical test procedures measuring "whole effluent toxicity." The proposed rule was published in the Federal Register (66 FR 49794) on September 28, 2001. The comment period has been extended to January 11, 2002. Comments must be received by EPA on or before that date.

• On November 28, 2001, EPA published a notice announcing that it was extending the comment period on the proposed rule (66 FR 46162) published in the Federal Register on August 31, 2001, to establish electronic reporting and records to satisfy EPA's environmental reporting and recordkeeping requirements. The rule is voluntary, however, facilities that already maintain electronic reports or records would be required to meet the recordkeeping criteria in the rule. The comment period has been extended to January 28, 2002. Comments must be received by EPA on or before that date.

• On November 29, 2001, EPA published a notice (66 FR 59593) in the Federal Register announcing that it was intending to issue the final revised 2002 Guidelines for Carcinogenic Risk Assessment (GCRA) and was soliciting additional scientific information or comments before it released the guidelines. The proposed guidelines which amend EPA's 1986 GCRA were released for public review and comment in 1996. In July 1999, EPA released a draft revised GCRA from which it has made final revisions. Through this action, EPA is providing an additional opportunity for public comment. Until the final GCRA is released, the July 1999 draft will serve as interim guidance to those preparing cancer risk assessments. The draft revised GCRA can be found on the Internet at http://www.epa.gov/ncea/raf/cancer.htm.

• EPA recently released a document entitled, "EPA's Unregulated Contaminant Monitoring Regulation Reporting Guidance," that will assist water suppliers in providing EPA with monitoring, surveys, and other assessments of unregulated contaminants. The guidance includes schedules for monitoring based on the size of a drinking water system, on the source of the water, and on the likelihood of finding unregulated contaminants. It also contains guidelines for sampling and procedures for entering data into EPA's national databases. The document can be found on the Internet at http://www.epa.gov/water/new.html.