Hanford Environmental Report - December 10, 2004

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 26, Number 12 - December 10, 2004

From Washington, D.C.:

EPA PUBLISHES NOTICE ANNOUNCING THAT WASTE CHARACTERIZATION DOCUMENTS ON TRANSURANIC RADIOACTIVE WASTE FROM HANFORD IS AVAILABLE

On November 30, 2004, EPA published a notice (69 FR 69569) in the Federal Register (FR) announcing that the waste characterization documents applicable to transuranic (TRU) radioactive waste from the Plutonium Finishing Plant (PFP) at the Hanford site for disposal at the Waste Isolation Pilot Plant (WIPP) are available for public review and comment. EPA is taking this action because it must conduct an expedited review of one of the elements of Hanford's waste characterization processes, know as acceptable knowledge (AK). This waste had been mistakenly certified as a waste stream eligible for disposal at WIPP in July 2004 and as a result 600 drums of PFP solids were placed in the WIPP repository. This placement occurred between July and September 2004 until DOE discovered the error and suspended shipments of the PFP solids from Hanford.

To meet EPA regulatory obligations, the Agency must conduct an after-the-fact review of the AK process to determine adequacy of the AK documentation. As a result, EPA will conduct an evaluation of AK documents and, as needed, telephone interviews with site personnel regarding the PFP solids to determine Hanford's compliance with EPA's WIPP compliance criteria and ensure that placement of this waste has no adverse effect on WIPP's performance. EPA's evaluation may lead to an approval at which time the site could resume shipment of the waste to WIPP. Currently, EPA does not believe that the PFP wastes placed in WIPP constitute a threat to human health, the environment or the long term performance of the WIPP repository. EPA indicated that the PFP solid waste may remain in the repository while EPA undertakes its review. Comments on documents must be received by EPA on or before December 30, 2004. For more information, contact Paul MartinPaul Martin at (509) 376-6620 with Fluor Hanford's Waste Management Environmental Compliance.

From Olympia:

ECOLOGY BEGINS RULEMAKING TO AMEND THE UNDERGROUND INJECTION CONTROL PROGRAM REGULATIONS

Ecology recently announced that it will begin rulemaking to amend the underground injection control (UIC) program regulation, Chapter 173-218 WAC. The UIC program is intended to protect groundwater by regulating the disposal of fluids into a UIC well. UIC wells include those used for stormwater, large on-site septic systems, heat pump return flow wells, aquifer storage and recovery wells, and wells used to clean up groundwater. Ecology convened an advisory committee composed of various stakeholders in October 2001 to assist it in developing the rule. The committee met seven times over the course of three years and held its final meeting in August 2004. Amendments to the regulation include::

Adding changes required by the federal UIC program which includes changes to definition such as UIC well;
Allowing fluids from municipal, commercial, industrial and residential sources and stormwater into UIC wells if the requirements of the UIC rule are met;
Describing what is needed to operate a Class V UIC well without a permit;
Requiring owners of existing UIC wells to determine if current use of their UIC wells is protective of groundwater quality. For owners of stormwater wells, this includes identification of high risk wells and modifying site practices if necessary; and
Revising the State Waste Discharge Permit Program rule to allow UIC wells to be included in a permit.

Ecology held informational meetings throughout the state in November 2004. The Agency will file the paperwork to begin rulemaking in January 2005 and intends to finalize the rule by July 2005. For more information, email or call Raja Ranade at (509) 376-9676 with Fluor Hanford's Program Services.

ECOLOGY ADOPTS THE FINAL DANGEROUS WASTE REGULATION AMENDMENT

On November 30, 2004, Ecology adopted the final Dangerous Waste Regulation amendments which will be published in the Washington State Register (WSR) in early December 2004. Ecology began the rulemaking on February 18, 2004 with the publication of the preproposal statement of inquiry (WSR 04-04-101) in the WSR. This was followed by publication of the proposed rule in the WSR (WSR 04-14-094) on July 21, 2004. DOE, Fluor Hanford, and PNNL submitted comments to Ecology during the public comment period. The final rule contains amendments that impact Hanford including:

Add mercury-containing equipment as a "universal waste";
Define "knowledge" for waste designation and waste analysis plan purposes. The final text has been modified significantly from what was proposed ;
Changed the book designation procedure for state-only toxicity
Extend financial responsibility requirements to off-site recyclers and used oil processors while maintaining the federal and state government exemption from financial assurance requirements;
Modify permit by rule provisions;
Modify used oil requirements to grant Ecology case-by-case used oil testing authority;
Add waste minimization reporting requirements for the Annual Dangerous Waste Report
Add new 45-day closure notification requirement for tanks and container
Expand tank system release notification requirements
Change Uniform Fire Code reference to International Fire Code
Change the SIC codes to the NAICS codes
Renumber the corrective action subsections in WAC 173-303-646
Change WAC 173-304 references to WAC 173-350
Change waste code W001 to WPCB
Add 40 CFR 63 NESHAP requirements
Add a mixture rule exclusion of limited value
Update references to the Federal Regulations so that the new LDR treatment standard for radioactively contaminated batteries can be used
Add National Environmental Performance Track provisions

Other amendments that do not affect Hanford but are important changes include:

Clarify that used oil generated by conditionally exempt small quantity generators that is to be burned for energy recovery or re-refined must be managed under the used oil rules in Chapter 173-303-515 WAC;
Add new corrective action management unit (CAMU) requirements, including the provision that allows "CAMU-eligible" waste to managed off-site; and
Add import and export requirements
Add boiler and industrial furnace requirements

The final rule also resulted in Ecology withdrawing some of the proposed amendments. The final rule does not contain:

Satellite accumulation area changes
Chemical Testing Methods publication #97-407 changes.

The final rule becomes effective on January 1, 2004. For more information, email or call Anthony_G_Miskho@rl.gov with Fluor Hanford's Waste Operations at (509) 376-7313.

Notice:

U.S. District Court issues temporary restraining order for State Initiative 297 (I-297), allowing Hanford Site Cleanup to continue.

U.S. District Judge Alan McDonald issued the order on December 2, 2004, the day I-297 which prohibits out-of-state shipments of waste to the Hanford Site until existing waste is cleaned up was to take effect, following a telephone conference call with state, federal, and initiative sponsor attorneys. The order prevents the initiative from taking effect until a preliminary injunction hearing is held which is now scheduled for December 13, 2004. Federal attorneys had requested the order. They asserted that in addition to barring the DOE from sending radioactive waste to Hanford, the initiative could be reasonably interpreted to require Hanford Site cleanup activities conducted under the Tri-Party Agreement to stop or slow until new permits are obtained. Permitting activities could take years to complete and seriously delay and disrupt cleanup.

Briefly:

On November 3, 2004, EPA published a notice (69 FR 64049) in the FR announcing that an ICR on Hazardous Waste Generator Standards (Renewal) has been forwarded to OMB for review and approval. This action addresses categories of informational requirements in part 262 including: pretransport requirements for both large (LQGs) and small quantity generators (SQGs); air emission standards for LQGs; recordkeeping and reporting requirements for LQGs and SQGs; and export requirements for LQGs and SQGs. The ICR expired October 31, 2004. Comments on the ICR must be received by EPA on or before December 3, 2004.
On November 4, 2004, DOT published a final rule (69 FR 64462) in the FR amending the Hazardous Material Regulation (HMR) to improve hazard communications for hazardous materials transported in commerce. The final rule includes revisions to: permit the use of the Pantone Formula, an industry guide for colors, for hazard warning labels and placards; expand the use of labels specified in the Compressed Gas Association Pamphlet C-7 on cylinders used to transport Division 2.1, 2.2 or 2.3 gases to all modes of transportation; require a non-odorized marking on certain cylinders, portable tanks, cargo tanks, and tank cars and multi unit tank car tanks containing unodorized liquefied petroleum gas; and allow a fumigant marking to be removed from a transport vehicle or freight container before the lading is unloaded if the vehicle has undergone sufficient aeration. The final rule becomes effective on October 1, 2005.
On November 5, 2004, EPA published a notice (69 FR 64558) in the FR announcing that the DOE documents on waste characterization programs applicable to certain TRU radioactive waste at the Savannah River Site proposed for disposal at the WIPP are available. The documents are procedures and other materials related to the Central Characterization Project established by DOE to augment the ability of TRU waste sites to characterize and certify the waste in accordance with EPA's WIPP Compliance Criteria. The documents can be found on the Internet at http://www.epa/gov/radiation/wipp. Comments on the documents must be received by EPA on or before December 6, 2004.
On November 8, 2004, EPA published a notice (69 FR 64704) in the FR announcing the availability of a document entitled, "Revised Assessment of Detection and Quantitation Approaches." This document is EPA's revised assessment of method detection limit (MDL), minimum level of quantitation (ML) and other detection and quantitation procedures for use under the Clean Water Act (CWA) and EPA's consideration of public comments received on an assessment document published by EPA in 2003. The document can be found on the Internet at http://www.epa.gov/edocket.
On November 8, 2004, EPA published a notice (69 FR 64707) in the FR withdrawing the proposed rule to revise the regulation for the definition and procedure for EPA's method detection limit (MDL); and to add a definition of minimum level of quanititation and a procedure for developing it. EPA is withdrawing the rule since the vast majority of commenters on the previous proposed rule published in March 2003 disfavored these changes. The withdrawal is effective immediately.
On November 10, 2004, EPA published a notice (69 FR 65176) in the FR announcing the release of a new on-line resource called, "Integrated Risk Information System (IRIS) Track" which will provide information on the progress of chemical assessments that are underway in the IRIS program. The IRIS Track came on-line on November 10, 2004. IRIS Track will show major milestone dates for IRIS assessment development and review. It will enable IRIS users to monitor current milestone status and view projected dates for future milestones for each chemical assessment in progress. The IRIS Track can be found on the Internet at http://www.epa.gov/iris.
On November 17, 2004, the Department of Transportation (DOT) published a notice (69 FR 67384) in the FR announcing that in conjunction with the implementation of the revised HMR on January 1, 2005, DOT is making available a programming tool for companies or individuals to use to electronically file hazardous materials incident reports. The new electronic format may only be used for reporting incidents that occur on or after January 1, 2005. The programming tool can be found on the Internet at http://hazmat.dot.gov.
On November 29, 2004, EPA published a final rule (69 FR 69290) in the FR revising EPA's definition of volatile organic compounds (VOCs) for the purposes of preparing State implementation plans to attain the national ambient air quality standards for ozone under Title I of the Clean Air Act. The revision adds four compounds to the list of compounds excluded from the definition of VOC on the basis that these compounds make negligible contribution to topospheric ozone formation. Current producers or users of these compounds who are subject to regulations limiting VOCs will not need count these four compounds as a VOC after the effective date. The final rule becomes effective December 29, 2004.
On November 29, 2004, DOE published a notice (69 FR 69365) in the FR to announce that it needed an additional 45-days to develop the implementation plan in response to recommendation 2004-1 of the Defense Nuclear Facilities Safety Board Oversight of Complex High-Hazard Nuclear Operations. With the extension of time, DOE expects to complete its implementation plan by December 23, 2004.
On November 30, 2004, EPA published a notice (69 FR 69600) in the FR announcing the availability of a document entitled, "Preliminary Risk Assessment for Pentachlorophenol" that was developed as part of EPA's six-phase public participation reregistration process for pentachlorophenol. The notice starts a 60-day public comment period for the document. Comments on the document must be received by EPA on or before January 31, 2005.

*FEDERAL/STATE*
	*REGISTER REVIEW*

69 FR 63376: On November 1, 2004, DOE published a notice announcing that the Environmental Management Site-Specific Advisory Board for Idaho National Engineering and Environmental Laboratory will meet November 16, 2004 at 8 am to 6 pm and November 17, 2004 from 8 am to 5 pm.

69 FR 63523: On November 2, 2004, EPA published a notice announcing that an ICR on Establishing No-Discharge Zones Under the Clean Water Act (CWA) Section 312 has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 2, 2004.

69 FR 63524: On November 2, 2004, EPA published a notice announcing that it has forwarded an ICR on Significant New Alternatives Policy to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 2, 2004.

69 FR 63528: On November 2, 2004, EPA published a notice announcing that an ICR on EPA Strategic Plan Information on Source Water Assessment and Protection has been forwarded to the OMB for review and approval. Comments on the ICR must be received by EPA on or before December 2, 2004.

69 FR 63530: On November 2, 2004, EPA published a notice announcing that an ICR on Prevention of Significant Deterioration Non-Attainment Area New Source Review has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 2, 2004.

69 FR 64048: On November 3, 2004, EPA published a notice announcing OMB's responses to EPA ICRs that were submitted in September 2004.

69 FR 64049: On November 3, 2004, EPA published a notice announcing that an ICR on Hazardous Waste Generator Standards has been forwarded to OMB for review and approval (see briefly, this edition). Comments on the ICR must be received by EPA on or before December 3, 2004.

69 FR 64050: On November 3, 2004, EPA published a notice announcing that an ICR on Community Right to Know Reporting Requirements Under Section 311 and 312 of the Emergency Planning and Community Right to Know Act has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 3, 2004.

69 FR 64287: On November 4, 2004, EPA published a notice announcing that an ICR on Control Technology Determinations for Constructed and Reconstructed Major Sources of Hazardous Air Pollutants to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 6, 2004.

69 FR 64462: On November 4, 2004, DOT published a final rule amending the HMR to improve hazard communications for hazardous materials transported in commerce (see briefly, this edition). The final rule becomes effective on October 1, 2005.

69 FR 64558: On November 5, 2004, EPA published a notice announcing that the DOE documents on waste characterization programs for TRU radioactive waste at the Savannah River Site proposed for disposal at the WIPP are available (see briefly, this edition). Comments on the documents must be received by EPA on or before December 6, 2004.

69 FR 64704: On November 8, 2004, EPA published a notice announcing the availability of a document entitled "Revised Assessment of Detection and Quantitation Approaches" (see briefly, this edition). The document can be found on the Internet at http://www.epa.gov/edocket.

69 FR 64707: On November 8, 2004, EPA published a notice withdrawing the proposed rule to revise the regulation for the definition and procedure for EPA's MDL and added to these regulations a definition of minimum level of quanititation (see briefly, this edition). The withdrawal is effective immediately

69 FR 64926: On November 9, 2004, EPA published a notice announcing that it was updating and revising the Air Quality Criteria for Lead published in June 1986 and associated supplement published in 1990. Interested parties are invited to submit research studies that have been published, accepted for publication, or presented at a public scientific meeting.

69 FR 65188: On November 10, 2004, EPA published a notice to extend the public comment period on the draft Federal Guide for Green Construction Specifications published on July 28, 2004 from September 27, 2004 to January 14, 2005. Comments must be received by EPA on or before that time.

69 FR 65176: On November 10, 2004, EPA published a notice announcing the release of a new on-line resource, "IRIS Track" which is intended to provide information on the progress of chemical assessments underway in the IRIS program (see briefly, this edition). The IRIS Track can be found on the Internet at http://www.epa.gov/iris.

69 FR 65426: On November 11, 2004, EPA published a notice announcing that it has found the Yakima PM10 Non-attainment Area Limited Maintenance Plan and Re-designation Request adequate for transportation conformity purposes. The findings are effective November 29, 2004.

69 FR 67139: On November 16, 2004, DOE published a notice announcing that it intends to prepare an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA) for the proposed consolidation of nuclear activities related to production of radioisotope power systems required for Government national security and space exploration missions at a single, highly secure DOE site. Comments on the scope of the EIS must be received by DOE on or before January 31, 2005.

69 FR 67384: On November 17, 2004, the DOT published a notice announcing that in conjunction with the implementation of the revised Hazardous Materials Incident Report on January 1, 2005, DOT is making available a programming tool for companies or individuals to use to electronically file hazardous materials incident reports (see briefly, this edition). The programming tool can be found on the Internet at http://hazmat.dot.gov.

69 FR 67575: On November 18, 2004, EPA published a notice announcing that it was forwarding an ICR on Toxic Substances Control Act Section 402 and Section 404 Training and Certification, Accreditation and Standards for Lead-Based Paint Activities to the OMB for review and approval. Comments on the ICR must be received by EPA on or before December 20, 2004.

69 FR 67908: On November 22, 2004, EPA published a notice announcing that an ICR on PCB Consolidated Reporting and Recordkeeping Requirements has been forwarded to the OMB for review and approval. Comments on the ICR must be received by EPA on or before December 22, 2004.

69 FR 68342: On November 24, 2004, EPA published a notice announcing that an ICR on Requirements and Exemptions for Specific RCRA Wastes has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 27, 2004.

69 FR 68344: On November 24, 2004, EPA published a notice announcing that an ICR on Public Water System Supervision Program (Renewal) under the Safe Drinking Water Act has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 27, 2004.

69 FR 68345: On November 24, 2004, EPA published a notice announcing that it has forwarded an ICR on Microbial Rules (Renewal) under the Safe Drinking Water Act to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 27, 2004.

69 FR 68443: On November 24, 2004, EPA published a proposed rule that would establish national categorical requirements for certain existing facilities that employ a cooling water intake structure and are designed to withdraw water above a certain design intake flow form waters of the United States for cooling purposes. Comments on the proposed rule must be received by EPA on or before March 24, 2005.

69 FR 68898: On November 26, 2004, EPA published a notice announcing that it is planning to submit an ICR on Facility Ground-Water Monitoring Requirements under 40 CFR Part 264 to OMB for review and approval. Comments on the ICR must be received by EPA on or before January 25, 2005.

69 FR 69290: On November 29, 2004, EPA published a final rule revising EPA's definition of VOCs for the purposes of preparing State implementation plans to attain the national ambient air quality standards for ozone under Title I of the Clean Air Act (CAA). The final rule becomes effective December 29, 2004.

69 FR 69320: On November 29, 2004, EPA published a final rule amending the list of hazardous air pollutants (HAP) contained in Section 112 (b)(1) of the CAA by removing the compound ethylene glycol monobutyl ether from the group of glycol ethers. EPA received a petition to review this compound and determined that it would not cause adverse effects to human health or the environment. The action became effective November 29, 2004.

69 FR 69338: On November 29, 2004, EPA published a proposed rule to correct an error in the initial delineation of the boundary of the Yakima County non-attainment area for particulate matter with an aerodynamic diameter less that or equal to a nominal 10 micrometers. Comments on the proposed rule must be received by EPA on or before December 29, 2004.

69 FR 69368: On November 29, 2004, EPA published a notice announcing that an ICR on Continuous Release Reporting Requirements under CERCLA has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 29, 2004.

69 FR 69320: On November 29, 2004, EPA published a final rule amending the list of hazardous air pollutants contained in Section 112(b)(1) of the CAA. The final rule became effective November 29, 2004.

69 FR 69342: On November 29, 2004, EPA published a proposed rule to correct the boundary of the Yakima Non-attainment Area to exclude a small portion that lies within the exterior boundary of the Yakama Indian Reservation. Comments on the proposed rule must be received by EPA on or before December 29, 2004.

69 FR 69365: On November 29, 2004, DOE published a notice to announce that it needed an additional 45-days to develop the implementation plan in response to recommendation 2004-1 of the Defense Nuclear Facilities Safety Board Oversight of Complex High-Hazard Nuclear Operations (see briefly, this edition). With the extension of time, DOE expects to complete its implementation plan by December 23, 2004.

69 FR 69569: On November 30, 2004, EPA published a notice announcing that the waste characterization documents applicable to TRU radioactive waste from the Hanford site for disposal at the WIPP are available (see article, this edition). Comments on the documents must be received by EPA on or before December 30, 2004.

69 FR 69598: On November 30, 2004, EPA published a notice on the Office of Management and Budget responses to EPA Information Collection Requests that expired in November 2004.

69 FR 69600: On November 30, 2004, EPA published a notice announcing that the documents that were developed as part of EPA's six-phase public participation re-registration process for pentachlorophenol is available. Comments on the documents must be received by EPA on or before January 31, 2005.

WSR 04-21-093: On November 3, 2004, Ecology published a notice announcing that it will be holding 3 public meetings on the final water quality assessment. The assessment fulfills requirements of the CWA including the list of known polluted waters in the state referred to as the Section 303(d) list and a status of water quality in the state required by Section 305(b). The meetings will be held on November 12, 2004 in the Ecology Headquarters Office in Lacey from 10 am to 12 pm, on November 17, 2004 at the Yakima Convention Center in Yakima from 6:30 pm to 8:30 pm and on November 18, 2004 at the Spokane Falls Community College in Spokane from 6:30 pm to 8:30 pm.

WSR 04-22-043: On November 17, 2004, Ecology published a notice announcing that it has amended certain policies, procedures, and implementation memos in the Toxics Cleanup Program.

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