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Hanford
Environmental
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Volume 21, Number 2 - February 12, 1999
From Washington, D.C.:
EPA ISSUES FINAL CHEMICAL ACCIDENT
PREVENTION RULE AMENDMENTS
On January 6, EPA published its final chemical accident prevention rule
amendments (64 FR 964) under 40 CFR Part 68. This rule expands the
requirements for owners and operators of stationary sources that are
subject to the rule to submit a risk management plan (RMP) to a central
location specified by EPA by June 21, 1999. EPA is amending the rule to:
- Add RMP data elements;
- Establish specific procedures for protecting confidential business
information when submitting the RMP;
- Adopt the government's use of a new industry classification system;
- Add a requirement for the owner or operator to certify that they have
evaluated compliance with this rule at least every 3 years; and
- Make other technical corrections.
The rule became effective February 5, 1999. Kirk Peterson with Fluor
Daniel Hanford's Environmental Protection organization is working with
site staff to implement those provisions that are applicable to Hanford.
For more information, email or call
Kirk_A_Peterson@rl.gov
of Fluor Daniel Hanford, Inc. at (509) 372-2364.
EPA RECENTLY ISSUES A DIRECT FINAL RULE AND
DRAFT PREAMBLE FOR TWO RULEMAKINGS UNDER THE SAFE DRINKING WATER ACT
EPA recently issued the following direct final rule and draft preamble
language for two rulemakings under the Safe Drinking Water Act:
- On January 8, EPA published a direct final rule (64 FR 1494) on the
Unregulated Contaminant Monitoring Regulation (UCMR) for public water
systems. The UCMR requires that all public water systems be monitored
for unregulated contaminants every five years for one year. This direct
final rule suspends monitoring for small and medium public water systems
of 10,000 or fewer persons for monitoring that was scheduled to begin
after December 31, 1998. EPA is suspending the monitoring which would
overlap with the monitoring under the revised UCMR program to allow
small and medium systems to save on costs. The direct final rule becomes
effective March 9, 1999, unless EPA receives adverse comments by
February 8, 1999. Also in the same Federal Register, EPA has published a
proposed rule (64 FR 1499) in the event adverse comments are received on
the direct final rule. Comments on the proposed rule must be received by
EPA by February 8, 1999.
- On January 22, EPA released for public review and comment a draft
preamble on the Ground Water Rule (GWR) for public water systems. This
draft is a preliminary analysis of supporting data and proposed
requirements for the GWR. The rule will specify the appropriate use of
disinfection for ground water supply systems and encourage the use of
alternative approaches including best management practices and control
of contamination at its source. EPA intends to have a proposed rule
issued by the spring of 1999 and a final rule by November 2000. The
draft preamble plus other information on the rule can be found on the
Internet at http://www.epa.gov/OGWDW/standard/gwr.html. Comments on the
draft preamble must be received in EPA by February 19, 1999.
For information on these actions, email or call
Douglas_A_Rohl@rl.gov
with DynCorp. at (509) 373-2553.
LEGISLATIVE UPDATE
There are several Bills recently introduced in this legislative session
that could have an impact at Hanford. These include:
- House Bill 1169-Solid Waste Landfills. This Bill adds new sections to
RCW 70 to limit the siting of solid waste landfills.
- House Bill 1182-Public Water Systems. This Bill revises RCW 70
regarding coordinated water system plans.
- House Bill 1312-Regulatory Reform. This Bill amends RCW 34.05.610 to
allow the lieutenant governor to participate in deliberations and work
of the Joint Administrative Rules Review Committee.
- Senate Bill 5059-Tansportation. This Bill amends RCW 43 regarding
transportation of low-level radioactive waste classified as 11e(2) under
the Federal Atomic Energy Act of 1952.
- Senate Bill 5087-Water Quality. This Bill revises RCW 90.48 to
require Ecology to involve local government and citizens in preparing
the total maximum daily load (TMDL) it submits to the federal government
for each body of water that fails to meet the water quality standards of
the federal Clean Water Act (CWA).
- Senate Bill 5089-Water Quality. This Bill adds new sections to RCW
90.48 to allow for control measures to implement TMDL analyses of the
federal CWA.
- Senate Bill 5091-Water Resources. This Bill amends several water
resource statutes to establish a more effective method of water resource
management in Washington.
- Senate Bill 5105-Public Water Systems; Companion House Bill 1164.
This Bill revises RCW 70.119A to amend the definition of public water
system to include systems providing water through conveyances.
- Senate Bill 5340-Hazardous Materials Transportation. This Bill amends
RCW 811 to allow inspections of hazardous materials offered by private
shippers for rail transportation.
- Senate Bill 5392- Regulatory Reform. This Bill amends RCW 34.05 to
add a new provision which requires state agencies to return to the
legislature after two years for authorization to adopt new rules.
- Senate Bill 5404-Environmental Appeals. This Bill amends several
statutes including RCW 43 on the rules of practice and procedure of
state agency hearings boards.
- Senate Bill 5435-Regulatory Reform. This Bill creates the Washington
Environment 21 Commission under RCW 43. This Commission, which will be
composed of 14 members from business, agriculture, local government,
environmental organizations, Senate, House of Representatives, Ecology,
Office of Financial Management, tribes, and EPA, will review the goals
and objectives of the state's major environmental quality statutes and
make recommendations to the legislature and Governor on how to reconcile
conflicting or inconsistent provisions.
- Senate Bill 5478-Water Resources. This Bill revises several statutes
relating to lake levels and surface water flows.
- Senate Bill 5242-Real Property and Conveyances. This Bill amends RCW
64.40 that will allow for damages from unlawful agency actions.
- Senate Bill 5285-Special Proceedings and Actions; Companion House
Bill 1441. This Bill adds a new section to RCW 7.48 clarifying that, in
order to constitute a legal nuisance, environmental releases must be
unauthorized and proven to cause damage.
- Senate Bill 5260-Civil Procedure. This Bill amends RCW 4.84 on equal
access to justice.
For more information, email or call
Marsha A_Beery@rl.gov
of Fluor Daniel Hanford, Inc.'s Regulatory Interface at (360) 709-0664 or
go to http://www.leg.wa.gov.
BRIEFLY
EPA is planning to issue draft guidance by March for government
officials who are performing ecological risk assessments. EPA will be
holding workshops in February or March to discuss the forthcoming
guidance. EPA has learned that the most important issue on which the
government officials or "risk managers" need guidance is
deciding what part of the environment to protect.
EPA recently announced that it will be refining and unveiling a final
corrective action administrative reform package in the next several
months. As part of this reform, EPA has decided that it will not be
continuing the rulemaking for the subpart S rule of 40 CFR Part 264. A
proposed rule (55 FR 30798) was published in the Federal Register on July
27, 1990. This rule would have established national standards on when and
how clean ups at hazardous waste sites under RCRA would occur. EPA has
instead determined that it will issue guidance on its policies of those
areas of RCRA's corrective actions program that would have been codified
in this subpart. EPA will also be issuing guidance soon on
performance-based cleanup standards and environmental indicators.
On January 15, EPA announced that it would be meeting with stakeholders
interested in the applicability provisions of the New Source Review (NSR)
Reform under the Clean Air Act (CAA) on February 2-3. The purpose of the
meeting is to discuss EPA's new approach to NSR applicability. A copy of
the announcement, including discussion points and stakeholders that are
invited, is located on EPA's website at http://www.epa.gov/.
NOTICE
Ecology will be holding public meetings in Spokane and Seattle to
discuss a proposed strategy for addressing chemicals that are persistent,
bioaccumulative, and toxic. The meeting in Spokane will be held February
11 from 7pm to 9pm in the Lair Auditorium at Spokane Community College.
The meeting in Seattle will be held February 25 from 7pm to 9pm in the
Tahoma Room at the Mountaineers Building. For more information on these
meetings, email or call Marsha
A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Regulatory
Interface at (360) 709-0664.
| FEDERAL/STATE |
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REGISTER
REVIEW |
- 64 FR 688
- On January 5, EPA published its
proposed rule to lower the reporting thresholds for certain
persistent bioaccumulative toxic chemicals including dioxin and
dioxin-like compounds subject to reporting under section 313 of
the Emergency Planning and Community Right to Know Act and
section 6607 of the Pollution Prevention. Comments on the
proposed rule must be received in EPA by March 8, 1999.
- 64 FR 964
- On January 6, EPA published its
final rule modifying the chemical accident prevention rule under
40 CFR Part 68 (see article, this edition).
This rule requires owners and operators of stationary sources
that are subject to the rule to submit their risk management
plans to a central location specified by EPA by June 21, 1999.
The rule became effective on February 5, 1999.
- 64 FR 1092
- On January 7, EPA published its
final rule allocating essential-use allowances for the 1999
control period. Essential-use allowances permit a person to
obtain controlled ozone-depleting substances as an exemption to
the January 1, 1996, regulatory phaseout of production and
import. The rule became effective January 7, 1999.
- 64 FR 1494
- On January 8, EPA published its
direct final rule on the Unregulated Contaminant Monitoring
Regulation for public water systems under 40 CFR Part 141 to
suspend monitoring by small and medium systems for monitoring
scheduled to begin after December 31, 1998 (see
article, this edition). The rule becomes effective March
9, 1999, unless EPA receives adverse comments by February 8,
1999. EPA also published a proposed rule (64 FR 1499) in this
same Federal Register, should it receive adverse comments on the
direct final rule. Comments on the proposed rule must be
received in EPA by February 8, 1999.
- 64 FR 1607
- On January 11, DOE published a
notice announcing its interest in receiving grant applications
for performance of innovative research to investigate DOE
surface contamination/vadose zone issues. The deadline for
submittal of formal applications to DOE is April 19, 1999.
- 64 FR 2280
- On January 13, EPA published its
proposed rule to review the Clean Water Act national effluent
limitations guidelines and pretreatment standards for wastewater
discharges from centralized waste treatment facilities. This
proposed rule would establish technology-based effluent
limitations and pretreatment standards for wastewater discharges
of new and existing centralized waste treatment facilities which
accept hazardous or non-hazardous industrial wastes, and
wastewater, and/or used material from off-site for treatment
and/or material recovery. Comments on this proposed rule must be
received in EPA by March 15, 1999.
- 64 FR 2760
- On January 15, the Agency for
Toxic Substances and Disease Registry published a notice on the
status of ATSDR's Superfund-mandated Substance-Specific Applied
Research Program authorized by CERCLA and SARA. There are 124
priority data needs identified for the first 38 hazardous
substances listed for this program, and 64 priority data needs
identified for another 12 hazardous substances added later to
the list. ATSDR provides a status of this program every three
years.
- 64 FR 2942
- On January 19, EPA published its
final rule adding 17 new sites to the National Priority List
(NPL). The NPL is intended to guide EPA in determining which
sites warrant further investigation on the extent of hazardous
waste contamination and to determine what CERCLA-financed
remedial actions may be appropriate. The final rule becomes
effective February 18, 1999.
- 64 FR 2942
- On January 19, EPA published its
proposed rule adding 11 new sites and withdrawing one site from
the General Superfund Section to the NPL. Comments on this
proposed rule must be received in EPA by March 22, 1999.
- 64 FR 3028
- On January 20, EPA published its
direct final rule amending 40 CFR part 58, Appendix D to shorten
the ozone monitoring season in Washington and Oregon from April
1 through October 31 to May 1 through September 30. The direct
final rule becomes effective March 22, 1999 unless EPA receives
adverse comment by February 19, 1999. EPA has also published in
this same Federal Register a proposed rule (64 FR 3056) to
approve Washington's and Oregon's request to modify their
current ozone monitoring season should it receive adverse
comments on its direct final rule.
- 64 FR 3139
- On January 20, the NRC published a
notice announcing that its draft "Contingency Plan for the
Year 2000 Issue in the Nuclear Industry" is available for
public review and comment. This document describes the NRC's
current plan and approach in addressing contingencies for
potential unanticipated events due to the Y2K problem. Comments
must be received in the NRC by February 15, 1999.
- 64 FR 3382
- On January 21, EPA published
clarifications and technical amendments to its final RCRA
subpart CC rule promulgating standards to reduce organic air
emissions from certain hazardous waste management activities.
The final standards were published in the Federal Register on
December 6, 1994. These standards control organic emissions from
certain tanks, containers, and surface impoundments used to
manage hazardous wastes. The amendments became effective January
21, 1999.
- 64 FR 3714
- On January 25, the Bureau of
Reclamation published a notice announcing that the Final
Programmatic Environmental Impact Statement (FPEIS) for
implementing provisions of Phase 2 of the Yakima River Basin
Water Enhancement Project (YRBWEP) was available. The purpose of
the YRBWEP is to meet the competing water needs of the Yakima
River Basin. The Bureau will make a decision on the proposed
action in the FPEIS by February 25, 1999, after which time they
will complete a Record of Decision identifying the action that
will be taken. A copy of the FPEIS can obtained from the Bureau
of Reclamation, Upper Columbia Area Office, 1917 Marsh Road,
Yakima, Washington 98907.
- 64 FR 3986
- On January 26, the Nuclear
Regulatory Commission (NRC) published a notice advising the
public that a Final Memorandum of Understanding (MOU) between
the NRC and DOE had been issued. This MOU continues the
relationship between DOE and the NRC that was founded through
statute. The MOU also updates the management policy that the NRC
and DOE have established through NRC-funded research programs at
the DOE laboratories. The effective date of the MOU was November
24, 1998.
- 64 FR 3861
- On January 26, EPA published an
interim final rule under the Significant New Alternatives Policy
(SNAP) program listing a refrigerant blend known as MT-31 as
unacceptable for all refrigeration and air-conditioning
end-uses. This interim final rule became effective January 26,
1999.
- 64 FR 3865
- On January 26, EPA published an
interim final rule under the SNAP program lisiting
hexafluoropropylene (HFP) and any blend containing HFP as
unacceptable for all refrigeration and air-conditioning
end-uses. The interim final rule became effective January 26,
1999.
- 64 FR 4422
- On January 28, the ATSDR published
a notice listing sites that are proposed or on the NPL that the
ATSDR has completed public health assessments on during the
period April 1998 through September 1998.
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URL: http://www.hanford.gov/pubs/envnews/feb1999.html
Last Updated: February 11, 1999