Hanford Environmental Report - December 12, 2003

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 25, Number 12 - December 12, 2003

From Washington, D.C.:

EPA PUBLISHES FINAL ACTION ON THE RECONSIDERATION OF REVISED REGULATIONS FOR MAJOR NEW SOURCE REVIEW PROGRAMS UNDER THE CLEAN AIR ACT

On November 7, 2003, EPA published a notice of final action (68 FR 63021) in the Federal Register on six issues the Agency reconsidered regarding revised regulations for major New Source Review (NSR) programs under Parts C and D of Title I of the Clean Air Act (CAA). EPA had published final NSR rule amendments in the Federal Register on December 31, 2002 and March 10, 2003 and after these publications, received numerous petitions asking the Agency to reconsider many aspects of the amendments. In response to these petitions, EPA published a notice in the Federal Register in July 2003 granting reconsideration of six issues. In this notice of final action, EPA has determined that two clarifications are necessary including:

add a definition of "replacement unit"; and
clarify that the plantwide applicability limitation baseline calculation procedures for newly constructed units do not apply to modified units.

EPA denied reconsideration of other issues that were raised by petitioners. EPA is also making available a document entitled, "Technical Support Document for Prevention of Significant Deterioration and Non-attainment New Source Review Reconsideration" which contains a summary of comments received on the six issues being reconsidered plus EPA's responses to them and a summary of other petition issues of which EPA is denying reconsideration. The document can be found on the Internet at: http://www.epa.gov/nsr/. The final action becomes effective January 6, 2004. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

EPA PUBLISHES AN ADVANCED NOTICE OF PROPOSED RULEMAKING ON APPROACHES TO AN INTEGRATED FRAMEWORK FOR MANAGEMENT AND DISPOSAL OF LOW-ACTIVITY RADIOACTIVE WASTE

On November 18, 2003, EPA published an advanced notice of proposed rulemaking (ANPR) (68 FR 65120) in the Federal Register on approaches to an integrated framework for management and disposal of low-activity radioactive waste (LARW) at RCRA facilities. EPA is particularly focusing on low-activity mixed waste (LAMW) which is both chemically hazardous under RCRA and contains low radionuclide concentrations under the Atomic Energy Act (AEA). These wastes are regulated and managed under both authorities but under certain conditions as described in the ANPR, EPA believes that one authority may be sufficient to provide public health and environmental protection. These conditions include:

appropriate limits on radionuclide concentrations in LAMW; and
disposal of the LAMW in RCRA subtitle C hazardous waste landfills which have prescribed engineering design and requirements that may provide the protection necessary for pubic health and the environment.

EPA is also seeking comment on approaches for other types of radioactive wastes with low concentrations of radioactivity. These wastes are not considered mixed waste because they aren't regulated under both RCRA and AEA such as certain wastes from the extraction of uranium and thorium, a variety of wastes that fall into the technologically enhanced naturally occurring radioactive materials category and certain decommissioning wastes. The Nuclear Regulatory Commission has also published a notice (68 FR 64993; November 18, 2003) in the Federal Register announcing the EPA ANPR. Comments on the ANPR must be received in EPA by March 17, 2004. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Program Services.

EPA PROPOSES RULE TO AMEND RCRA FOR CERTAIN SOLVENT-CONTAMINATED MATERIALS

On November 20, 2003, EPA published a proposed rule (68 FR 65586) in the Federal Register to amend RCRA for certain solvent-contaminated materials such as reusable shop towels, rags, disposable wipes and paper towels. In the rule amendment, EPA is proposing to:

conditionally exclude from the definition of hazardous waste, disposable industrial wipes that are contaminated with hazardous solvents and are going to disposal; and
conditionally exclude from the definition of solid waste reusable, industrial shop towels and rags that are contaminated with hazardous solvents and are sent for laundering or dry cleaning.

The proposal affects contaminated industrial wipes being sent to both landfills and non-landfill facilities. It is applicable to industrial wipes exhibiting a hazardous characteristic due to use with solvents; or industrial wipes contaminated with F001-F005 spent F-listed solvent or comparable P- and U-listed commercial chemical products that are spilled and cleaned up with industrial wipes. Comments on the proposed rule amendment must be received in EPA by February 18, 2004. For more information, contact Wayne For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Program Services.

Briefly:

On November 5, 2003, EPA published a notice (68 FR 62597) in the Federal Register announcing that it will hold an on-line dialogue on options for reducing the burden to the regulated community of the Toxics Release Inventory (TRI) program. EPA is seeking suggestions and ideas on a number of burden reduction options including: establishing higher reporting thresholds for small businesses or for certain classes of facilities or chemicals; modifying the eligibility requirements of the Form A Certification Statement to expand its use; creating a new form allowing facilities meeting certain criteria to certify to no significant change in reporting in the current year as measured against a designated baseline year; and using range codes in Section 8 of Form R. Instructions for participating in the on-line dialogue are posted on EPA's TRI website at http://www.epa.gov/tri/programs/stakeholders/outreach.htm. The dialogue will be held until January 5, 2004.
On November 7, 2003, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice announcing that it has developed and is making available a revised CERCLA Priority List of 275 Hazardous Substances based on the most recent information available. The Hazardous Substances on this list are candidates for a toxicological profile and identification of priority data needs. The Priority List can be found on the Internet at http://www.atsdr.cdc.gov/clist.html.
On November 10, 2003, DOE released the document entitled, "Facilities for the Future of Science: A Twenty-Year Outlook", which outlines the Agency's top 28 priorities for scientific research facilities for the next 20 years. DOE has divided the priorities into three sections: top priorities with near-term applications; top-priorities with mid-term applications and top priorities with far-term applications. The top near-term application priorities include developing new facilities for fusion research and regaining the lead in supercomputing capabilities. The document can be found on the Internet at http://www.sc.doe.gov.
On November 19, 2003, Ecology published a notice (WSR 03-22-076) in the Washington State Register (WSR) announcing that it will hold a public hearing on December 10, 2003 at 2 pm in the Ecology Headquarters Office at 300 Desmond Drive, Lacey, WA to receive comment on changes to the State Implementation Plan (SIP) regarding Chapter 173-400 WAC, the General Regulations for Air Pollution Sources. The proposed changes are necessary in order for Ecology to be consistent with federal air quality rules for stationary sources. Comments on the SIP changes must be received by Ecology on or before December 18, 2003.
On November 21, 2003, the Washington State Department of Health (WDOH) announced that it will hold two public workshops to discuss proposed changes to Chapter 246-247, the Radiation Air Emission Protection Rule. The workshops will be held on December 16, 2003 in Richland at 9 am in the WDOH office at 309 Bradley Blvd, Suite 201 in the second floor conference room and on December 18, 2003 in Tumwater at the WDOH office at 310 SE Isreal Road in conference room 152. WDOH had previously published a proposed rule in the WSR on August 6, 2003 and due to public comments received during the public comment period and at the public hearing held on August 29, 2003 decided to revise its original proposal.

*FEDERAL/STATE*
	*REGISTER REVIEW*

68 FR 62289: On November 3, 2003, EPA published a notice announcing that it was planning to submit nine Information Collection Requests (ICRs) to the Office of Management and Budget (OMB) for review and approval. The ICRs include: Standards of Performance for Tanks, Surface Impoundments and Containers; New Source Performance Standards (NSPS) for Stationary Gas Turbines; and National Emission Standards for Hazardous Air Pollutants (NESHAP) for Beryllium. Comments on the ICRs must be received by EPA on or before January 2, 2004.

68 FR 62690: On November 5, 2003, EPA published a proposed rule to amend the transportation conformity rule to include criteria and procedures for the new 8-hour ozone and fine particulate matter (PM2.5) national ambient air quality standards. Comments on the proposed rule must be received by EPA on or before December 22, 2003.

68 FR 62597: On November 5, 2003, EPA published a notice announcing that it will hold an on-line dialogue on options for reducing the burden to the regulated industry of the Toxics Release Inventory program (see briefly, this edition). The dialogue will be held until January 5, 2004.

68 FR 63021: On November 7, 2003, EPA published a notice of final action on the reconsideration of revised regulations on major New Source Review (NSR) programs under Parts C and D of Title I of the Clean Air Act (CAA) that were published in the Federal Register on December 31, 2002 and March 10, 2003 (see article, this edition). The final action becomes effective January 6, 2004.

68 FR 63098: On November 7, 2003, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice announcing that it has developed and is making available a revised CERCLA Priority List of 275 Hazardous Substances based on the most recent information available (see briefly, this edition). The Priority List can be found on the Internet at http://www.atsdr.cdc.gov/clist.html.

68 FR 63778: On November 10, 2003, EPA published a notice announcing that it is planning to submit an ICR on National Wastewater Operator Training and Technical Assistance Program to OMB for review and approval. Comments on the ICR must be received by EPA on or before January 9, 2004.

68 FR 64894: On November 17, 2003, EPA published a notice announcing the availability of guidance entitled, "Guidance for Estimating Natural Visibility Conditions Under the Regional Haze Program", and "Guidance for Tracking Progress Under the Regional Haze Program". The purpose of the guidance is to assist States and Tribes on the implementation of regulations governing regional haze which were published in the Federal Register on July 1, 1999. The guidance can be found on the Internet at http://www.epa.gov/ttn/amtic/visinfo.html.

68 FR 64993: On November 18, 2003, the NRC published a notice announcing that EPA has published an advanced notice of proposed rulemaking on approaches to an integrated framework for management and disposal of low-activity radioactive waste (see article, this edition). Comments on the ANPR must be received by EPA on or before March 17, 2004.

68 FR 65120: On November 18, 2003, EPA published an ANPR on approaches to a more consistent framework for the disposal of radioactive waste with low concentrations of radioactivity such as low-activity mixed waste which is characterized as hazardous waste under RCRA and radioactive waste under the Atomic Energy Act (see article, this edition). Comments on the ANPR must be received by EPA on or before March 17, 2003.

68 FR 65586: On November 20, 2003, EPA published a proposed rule to modify RCRA for certain solvent-contaminated materials such as reusable shop towels, rags, disposable wipes and paper towels (see article, this edition). Comments on the proposed rule amendment must be received by EPA on or before February 18, 2004.

68 FR 65648: On November 21, 2003, EPA published a proposed rule to amend the list of hazardous air pollutants contained in section 112(b)(1) of the CAA by removing the compound ethylene glycol monobutylether from the group of glycol ethers. Comments on the proposed rule amendment must be received by EPA on or before January 20, 2004.

68 FR 65699: On November 21, 2003, EPA published a notice of proposed consent decree which requires EPA to revise the new source performance standards (NSPS) for electric utility steam generating units under Subpart Da; industrial-commercial-institutional boilers under Subparts Db and Dc and stationary gas turbines under Subpart GG of the Clean Air Act (CAA) or make determinations that revisions are not appropriate within 24 months of the date the Court enters the consent decree. Comments on the notice must be received by EPA on or before December 22, 2003.

68 FR 65700: On November 21, 2003, EPA published a notice announcing the proposed settlement agreement that addresses petitions for review that were filed by the Utility Air Regulatory Group, Clean Air Implementation Project, Air Permitting Forum, Alliance of Automobile Manufacturers and the National Environmental Development Association's Clean Air Regulatory Project on certain sections of 40 CFR Parts 70 and 71 of EPA's Title V operating permit program. The petitioners filed petitions on September 18, 2002 challenging EPA's interpretation of the sufficiency monitoring rule. Comments on the settlement agreement must be received by EPA on or before December 22, 2003.

68 FR 65928: On November 24, 2003, EPA published a notice announcing the Office of Management and Budget (OMB) responses to Information Collection Requests (ICRs) such as the NSPS for Industrial-Commercial-Institutional Steam Generating Units which were to expire in November 2003.

WSR 03-22-076: On November 19, 2003, Ecology published a notice announcing that it will hold a public hearing on December 10, 2003 at 2 pm in the Ecology Headquarters Office at 300 Desmond Drive, Lacey, WA to receive comment on changes to the State Implementation Plan (SIP) regarding Chapter 173-400 WAC, the General Regulations for Air Pollution Sources (see briefly, this edition). Comments on the SIP changes must be received by Ecology on or before December 18, 2003.

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