Hanford Environmental Report - December 13, 2002

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 24, Number 12 - December 13, 2002

From Washington, D.C.:

EPA RELEASES SECOND DRAFT NORTHWEST REGIONAL WATER TEMPERATURE GUIDANCE

EPA recently released a second draft of the document entitled, "Northwest Regional Water Temperature Guidance" for public review and comment. The guidance is intended to be used by states and tribes in the Pacific Northwest region to establish water quality standards for temperature to protect salmon and trout (steelhead, bull trout, and cutthroat trout). If states and tribes adopt standards consistent with the guidance, EPA Region 10 will be able to expedite the Clean Water Act (CWA) approval process and the Endangered Species Act consultation for the standards. A first draft of the guidance was released in October 2001. EPA received 700 public comments and has significantly revised the guidance based on these comments. Changes EPA has made to the guidance include:

Adding more information about human-elevated water temperatures as a factor in salmonid decline;
Adding a section describing the relationship of this guidance to the national 304(a) criteria for temperature;
Revising the emphasis of the guidance from the thermal potential approach to a more familiar approach of defining cold water salmonid uses for the different salmonid life stages and the recommended numeric criteria to protect those uses;
Adding recommendations on where and when the numeric criteria should apply;
Adding a more thorough explanation of the basis for the recommended numeric criteria, and providing a better connection between the draft guidance and the technical issue papers that were developed to support the draft guidance; and
Adding a section describing options under the CWA that a state or tribe could pursue if the recommended numeric criteria are inappropriate or unattainable.

EPA held several public meetings throughout the region in November 2002 to solicit public input. Comments on the draft were to be received by EPA on or before November 26, 2002. The draft can be found on the Internet at http://www.epa/r10earth/temperature.htm. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

EPA SOLICITS PUBLIC COMMENT ON THE ENFORCEMENT AND COMPLIANCE HISTORY ONLINE DATABASE

On November 20, 2002, EPA published a notice (67 FR 70079) in the Federal Register soliciting public comment on its new website, the Enforcement and Compliance History Online (ECHO). ECHO covers facilities regulated under the Clean Air Act (CAA), the CWA, and RCRA. The website contains searchable, facility-level enforcement and compliance information and users will be able to obtain the name and addressees of regulated facilities, permitting information, inspection history and compliance status of violations occurring during the past two years. EPA plans to extend the inspection and compliance histories to five years later on.

EPA has developed ECHO to provide a single point of access to environmental compliance data which is now available to the public through FOIA requests and several existing EPA databases including: the Air Facility System, EPA's Permit Compliance System, the RCRA Information System, Integrated Compliance Information System, and the Facility Management System. ECHO is the culmination of a five year effort EPA has made in partnership with the Environmental Council of States and a group representing state and territorial environmental agencies. ECHO can be found on the Internet at http://www.epa.gov/echo. Comments on ECHO must be received by EPA on or before January 21, 2003. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

DEPARTMENT OF ENERGY PUBLISHES PROPOSED RULE REVISING ITS FLOODPLAIN AND WETLAND ENVIRONMENTAL REVIEW REQUIREMENTS

On November 18, 2002, the Department of Energy (DOE) published a proposed rule (67 FR 69480) in the Federal Register revising its floodplain and wetland environmental review requirements. DOE is adding flexibility to the requirements and removing unnecessary procedural burdens. Proposed changes to the requirements include:

Simplifying DOE public notification procedures for proposed floodplain and wetland actions;
Exempting additional actions from the floodplain and wetland assessment provisions of these requirements;
Providing for immediate action in an emergency;
Expanding the existing list of sources that may be used in determining the location of floodplains and wetlands; and
Allowing floodplain and wetland assessments for actions proposed to be taken under CERCLA to be coordinated with the CERCLA environmental review process rather than the National Environmental Policy Act process.

DOE is also proposing revisions that would make the requirements easier to use by reordering sections, clarifying requirements, and eliminating sections that are not necessary. Comments on the proposed rule must be received by DOE on or before January 14, 2003. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

Briefly:

On September 6, 2002, DOE published revisions (67 FR 56989) in the Federal Register to its Record of Decision (ROD) on, "DOE's Waste Management Program: Treatment and Storage of Transuranic (TRU) Waste" issued January 20, 1998 (63 FR 3629) and revised in 2000 (65 FR 82985) and again in July 2001 (66 FR 38646). DOE has revised the ROD to transfer approximately 27 cubic meters of TRU waste from a portion of the Battelle Columbus Laboratory, the Battelle West Jefferson North Site in Columbus, Ohio, and approximately nine cubic meters of TRU waste from the Energy Technology Engineering Center in Canoga Park, California, to the Hanford Site near Richland, Washington for interim storage. DOE expects that the waste will ultimately be shipped to the Waste Isolation Pilot Plant (WIPP) in New Mexico for disposal. DOE is taking this action since it needs to begin shipping TRU waste from the West Jefferson and ETEC sites in order to meet its regulatory timetables for cleanup of contamination there. The TRU waste at these sites is primarily remote handled and will not be accepted at the WIPP for disposal. Therefore, DOE is shipping the waste to Hanford where it will be processed and stored until final disposition plans are adopted.
EPA recently released implementation guidance for the final radionuclides rule, which was published in the Federal Register on December 7, 2000. The final rule will become effective December 8, 2003. The guidance is a how-to approach for EPA regional administrators, states, and community water suppliers to understand and implement the rule requirements and provides information on preparing state primacy provisions. It covers monitoring requirements, violation determination, and data reporting. The implementation guidance can be found on the Internet at http://www.epa.gov/OGWDW.
On November 1, 2002, the Department of Transportation (DOT) published a notice of proposed rulemaking (67 FR 66598) in the Federal Register to announce that it is revising the Hazardous Materials Incident Report Form and has hired a contractor to develop the new form. The contractor will also be providing the form on the Internet so that users can fill it out and then send it to EPA electronically. DOT will be contacting the regulated community to participate in a focus group to test the proposed form before it is released to a wider audience. The contract will be completed by December 31, 2002.
On November 5, 2002, EPA published a final rule (67 FR 67303) in the Federal Register revising the Freedom of Information Act (FOIA) regulation. EPA is streamlining and condensing the regulation to make it more user friendly. The Agency is also adding new provisions to implement the Electronic FOIA amendments of 1996 and update cost figures for calculating and charging fees. The final rule became effective on November 5, 2002.
On November 8, 2002, EPA's Inspector General released a report criticizing EPA Region 10 for not doing a better job in overseeing the cleanup of the Hanford Site. The report discusses shortcomings of EPA's oversight of the cleanup activities at Hanford's 100-K Area and DOE's pump-and-treat interim system for groundwater contaminated with hexavalent chromium entering the Columbia River. The Inspector General report can be found on the Internet at http://www.epa.gov/oigearth/ereading_room/hanford.pdf.
On November 13, 2001, EPA published a notice (67 FR 68861) in the Federal Register announcing that it had forwarded an Information Collection Request (ICR) on Notification of Regulated Waste Activity to the Office of Management and Budget (OMB) for review and approval. The ICR expires December 31, 2002. Subtitle C of RCRA requires that any person who generates or transports regulated waste or who owns or operates a facility for the treatment, storage, or disposal of regulated waste must notify EPA of their activity. EPA believes that continuation of the collection of this information is necessary. Comments on this ICR must be received by EPA on or before December 13, 2002.
On November 15, 2002, EPA released a final version of a white paper entitled, "Beyond RCRA: Prospects for Waste and Materials Management in the Year 2020". The white paper, which identifies economic and technological trends that will affect waste management and establish goals for regulators, industry, and other interested parties to achieve by 2020, is the culmination of a three-year effort by EPA. The white paper identifies three goals for waste management over the next 20 years including: (1) reducing waste and increasing the efficient and sustainable use of resources; (2) preventing hazardous chemicals from causing harmful exposure to humans and ecosystems; and (3) managing wastes and cleaning up chemical releases in a way that is safe and protects the environment. The white paper can be found on the Internet at http://www.epa.gov/epaoswer/osw/vision.htm.
On November 19, 2002, EPA published a final rule (67 FR 69952) in the Federal Register approving several test procedures known as whole effluent toxicity (WET) methods for measuring the toxicity of effluents and receiving waters. EPA is also withdrawing two WET test methods from the list of approved test procedures and is revising some of the WET test methods to improve performance and increase confidence in their reliability. The final rule also satisfies settlement agreement requirements from earlier litigation over the originally published WET test methods. The final rule becomes effective December 19, 2002.
On November 22, 2002, EPA published a notice (67 FR 70427) in the Federal Register announcing that it was adding 23 area source categories of hazardous air pollutants (HAPs) to the previous list developed under the Integrated Urban Air Toxics Strategy. This fulfills the requirement to identify and list area source categories representing 90 percent of the emissions of the 30 listed or area source HAPs under sections 112(c)(3) and 112(k)(3)(B)(ii) of the CAA. The list became effective November 22, 2002.
On November 29, 2002, EPA published a notice (67 FR 71165) in the Federal Register announcing that the document entitled, "Draft Strategy for National Clean Water Industrial Regulations (Strategy)" is available for public review and comment. The draft Strategy describes a process to identify existing effluent guidelines that EPA should consider revising, and to identify any industrial categories for which EPA should consider developing new effluent guidelines. EPA intends to use this process to develop future Effluent Guideline Program Plans that it is required to publish every two years. Comments on the draft Strategy must be received by EPA on or before February 27, 2003.
On November 29, 2002, EPA published a notice (67 FR 71169) in the Federal Register announcing that a document entitled, "Draft Guidance for Evaluating the Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils" is available for review and comment. The draft guidance is intended to be used as a tool to help the user conduct a screening evaluation on whether or not the vapor intrusion exposure pathway is complete and, if it is, whether it poses an unacceptable risk to human health. Comments on the draft guidance must be received by EPA on or before February 27, 2003.
On November 29, 2002, EPA published a final rule (67 FR 70850) in the Federal Register amending the health effects language for two substances [di(2-ethylhexyl) adipate and di(2-ethylhexyl) phthalate] in the Public Notification Rule and Consumer Confidence Report (CCR) rule under the Safe Drinking Water Act. EPA is also making minor corrections to Appendix A of the CCR rule such as correcting drinking water source information listed for copper, changing the placement of regulatory and health effects information for disinfection by-products, and correcting certain references. The final rule becomes effective December 27, 2002.

*FEDERAL/STATE*
	*REGISTER REVIEW*

67 FR 66555: On November 1, 2002, EPA published a direct final rule approving the Yakima carbon monoxide maintenance plan and redesignation of the Yakima non-attainment area to attainment for the carbon monoxide National Ambient Air Quality Standard. The direct final rule becomes effective December 31, 2002, unless adverse comments are received by December 2, 2002, at which time it will be withdrawn. Elsewhere in this same Federal Register, EPA has published a proposed rule (67 FR 66598) on this same subject to begin rulemaking in the event the direct final rule is withdrawn. Comments on the proposed rule must be received by EPA on or before December 2, 2002.

67 FR 66598: On November 1, 2002, the DOT published a notice announcing that it has hired a contractor to revise the Hazardous Materials Incident Reporting form (see briefly, this edition).

67 FR 66628: On November 1, 2002, EPA published a notice announcing that an ICR on National Pollution Discharge Elimination System Program Phase II has been forwarded to the OMB for review and approval. Comments on the ICR must be received by EPA on or before December 2, 2002.

67 FR 67096: On November 4, 2002, the Nuclear Regulatory Commission (NRC) published a final rule amending its regulations to reflect a new address for the Public Docket Room and to correct information collection sections in the Code of Federal Regulations. The final rule became effective November 4, 2002.

67 FR 67303: On November 5, 2002, EPA published a final rule revising the FOIA regulations to streamline, condense, and use simpler language in them (see briefly, this edition). The final rule became effective November 5, 2002.

67 FR 67581: On November 6, 2002, EPA published a notice of proposed rulemaking to allocate essential-use allowances of import and production of class I stratospheric ozone depleting substances for calendar year 2003. Comments on the NPRM must be received by EPA on or before December 6, 2002.

67 FR 67615: On November 6, 2002, EPA published a notice announcing that an ICR on Information Requirements for EPA Worker Protection Standards for Hazardous Waste Operations and Emergency Response is being forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 6, 2002.

67 FR 67830: On November 7, 2002, EPA published a notice announcing that it was planning to submit an ICR on Federal Plan Requirements for Municipal Solid Waste Landfills that Commenced Construction Prior to May 30, 1991, and Have Not Been Modified or Reconstructed Since May 30, 1991 to OMB for review and approval. Comments on the ICR must be received by EPA on or before January 6, 2003.

67 FR 68124: On November 8, 2002, EPA published a notice announcing that it has revised the area source category list and inventory under Sections 112(c)(6) and 112 (k) of the CAA. The effective date of the revisions was November 8, 2002.

67 FR 68134: On November 8, 2002, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice announcing that the Public Meeting of the Inter-Tribal Council on Hanford Health Projects is scheduled to be held at the West Coast Tri-Cities Hotel on January 29, 2003.

67 FR 68135: On November 8, 2002, the ATSDR published a notice announcing that the Citizens Advisory Committee on Public Health Service Activities and Research at DOE Sites: Hanford Health Effects Subcommittee will be meeting at the West Coast Tri-Cities Hotel on January 30 and 31, 2003.

67 FR 69480: On November 11, 2002, DOE published a proposed rule revising its floodplain and wetland environmental review requirements to make them more flexible and remove unnecessary procedural burdens (see article, this edition). Comments on the proposed rule must be received by EPA on or before January 14, 2003.

67 FR 68859: On November 13, 2002, EPA published a notice announcing that an ICR on Significant New Use Rules for Existing Chemicals - TSCA Section 5(a) was forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 13, 2002.

67 FR 68861: On November 13, 2002, EPA published a notice announcing that an ICR on Notification of Regulated Waste Activity was forwarded to OMB for review and approval (see briefly, this edition). Comments on the ICR must be received by EPA on or before December 13, 2002.

67 FR 68863: On November 13, 2002, EPA published a proposed settlement agreement on a November 15, 2001, Federal Register notice on Recent Postings of Agency Regulatory Interpretations Pertaining to Applicability and Monitoring for Standards of Performance for New Stationary Sources and National Emission Standards for Hazardous Air Pollutants to the Applicability Determination Index Data Base System. Comments on the settlement agreement must be received by EPA on or before December 13, 2002.

67 FR 68881: On November 13, 2002, the Department of Interior published a notice announcing that the Hanford Reach National Monument Federal Advisory Committee will meet on December 3, 2002, and January 7, 2003, at the Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge office at the Port of Benton.

67 FR 69255: On November 15, 2002, the NRC published a notice announcing that the NUREG 1307, Revision 10, "Report on Waste Burial Charges" is available. The publication can be found on the Internet at http://www.nrc.gov/reading-rm.html.

67 FR 69952: On November 19, 2002, EPA published a final rule approving several WET test procedures for measuring the toxicity of effluents and receiving waters (see briefly, this edition). The final rule becomes effective December 19, 2002.

67 FR 70079: On November 20, 2002, EPA published a notice announcing that the Office of Compliance is soliciting comments on ECHO which contains searchable, facility-level enforcement and compliance information (see article, this edition). Comments on ECHO must be received by EPA on or before January 21, 2002.

67 FR 70427: On November 22, 2002, EPA published a notice announcing that 23 area source categories of hazardous air pollutants have been added to the previous lists developed under the Integrated Urban Air Toxics Strategy (see briefly, this edition). The revisions became effective November 22, 2002.

67 FR 70640: On November 25, 2002, EPA published a proposed rule for a Federal Plan to implement emission guidelines for commercial and industrial solid waste incineration units located in State and Tribal lands without State or Tribal plans in effect. Comments on the proposed rule must be received by EPA on or before January 24, 2003.

67 FR 70729: On November 26, 2002, EPA published a notice soliciting public input on the Science Advisory Board (SAB) prospective reorganization and structural changes. Comments on the SAB changes must be received by EPA on or before December 4, 2002.

67 FR 70850: On November 29, 2002, EPA published a final rule amending the Public Notification, Consumer Confidence Report and Primacy rules under the Safe Drinking Water Act (see briefly, this edition). The final rule becomes effective December 27, 2002.

67 FR 70949: On November 29, 2002, EPA published a notice announcing that two final reports on "The QTRACER2 Program for Tracer-Breakthrough Curve Analysis for Tracer Tests in Karst Aquifers and Other Hydrologic Systems" and "A Lexicon of Cave and Karst Terminology with Special Reference to Environmental Karst Hydrology" are available on the Internet at http://www.epa.gov/ncea. The documents became available on November 27, 2002.

67 FR 71164: On November 29, 2002, EPA published a notice announcing the OMB's responses to theEPA ICRs submitted between September 9, 2002, and November 1, 2002.

67 FR 71165: On November 29, 2002, EPA published a notice announcing that the draft "Strategy for National Clean Water Industrial Regulations (draft Strategy)" is available (see briefly, this edition). Comments on the draft Strategy must be received by EPA on or before February 27, 2003.

67 FR 71169: On November 29, 2002, EPA published a notice announcing that the draft document entitled, "Guidance for Evaluating the Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils (Guidance)" is available for review and comment (see briefly, this edition). Comments on the draft Guidance must be received by EPA on or before February 27, 2003.

WSR 02-21-112 - Water Resources: On November 6, 2002, Ecology published a pre-proposal statement of inquiry amending and/or partially repealing the in-stream resources protection program for the main stem of the Columbia River and for the John Day-McNary Reach of the Columbia River.

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