Hanford
Environmental
Report
Dedicated to Environmental Compliance

Volume 23, Number 2 - February 9, 2001

From Washington D.C.:

EPA ISSUES FULL APPROVAL TO THE WASHINGTON STATE AIR OPERATING PERMIT PROGRAM

On January 2, 2001, EPA published a direct final rule (66 FR 16) in the Federal Register taking final action to fully approve the Washington State Air Operating Permit (AOP) Program under the Clean Air Act (CAA). The Washington State AOP program is implemented by the Washington State Department of Ecology, the Washington Energy Facility Site Evaluation Council, and seven local air pollution control authorities. Washington had originally submitted its application requesting authorization for development of an AOP permit program to EPA in 1993. At that time, EPA granted Washington interim approval since the application did not fully meet the requirements of 40 CFR Part 70, the federal implementing regulation. The interim approval notice published in the Federal Register on November 9, 1994, identified the conditions Washington had to meet in order to receive full approval of the AOP program. These conditions included concerns on rule language regarding maximum criminal penalty authority, false material statement, tampering, writ of mandamus, insignificant emission units, penalty authority for multiple standards, potential to emit, limitations on criminal authority, and knowing violations. Since the interim approval was granted, Washington has made changes to state or local air authority regulations or taken other actions to address these conditions.

In the event EPA received adverse comments on the full approval, a proposed rule (66 FR 84) was being published in the same Federal Register to begin rulemaking activities. Comments on the direct final rule must be received by EPA on or before February 1, 2001. For more information, email or call Kirk_A_FDH_Peterson@rl.gov of Fluor Hanford at (509) 372-2364.

EPA ISSUES IMPLEMENTATION GUIDANCE FOR RADIONUCLIDES IN DRINKING WATER

On January 18, 2001, EPA published a notice (66 FR 4826) in the Federal Register announcing that the Draft Implementation Guidance for the Radionuclides rule was available for public review and comment. This draft guidance has resulted from the promulgation of the final National Primary Drinking Water Regulation (NPDWR) for Radionuclides (65 FR 76708) published in the Federal Register on December 7, 2000. This final NPDWR for radionuclides established maximum contaminant level goals, maximum contaminant levels and monitoring, reporting, and public notification requirements for radionuclides in community drinking water systems.

The draft guidance contains information that can be used to implement the rule including a detailed explanation of the rule requirements, guidance for violation determinations, summaries of the rule and implementation timelines, significant non-compliance definitions, Safe Drinking Water Information reporting requirements, guidance for State primacy revision applications, and a series of fact sheet guidance materials for States and public water system operators. The draft guidance also describes the new standards for uranium as well as revisions to the radionuclides monitoring framework. The Appendices of the document contain information for the State and EPA Regional Offices to use with primacy revisions and rule implementation including: violation tables for compliance determination, State reporting guidance, rule training materials, and beta and photon emitter conversion tables. Comments on the draft guidance must be received by EPA on or before March 30, 2001. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford at (509) 372-2359.

EPA ISSUES DIRECT FINAL RULE APPROVING UPDATED DRINKING WATER AND WASTEWATER TEST PROCEDURES

On January 16, 2001, EPA published a direct final rule (66 FR 3466) in the Federal Register approving the use of updated test procedures for contaminants in wastewater and drinking water. These updated test procedures have been published by the following organizations: the American Society for Testing Materials, United States Geological Survey, Department of Energy (DOE), American Public Health Association, American Water Works Association, and Water Environment Federation. The purpose of the direct final rule is to give the analytical community a larger selection of analytical methods to use in testing for contaminants.

Since EPA has promulgated standardized testing procedures for certain pollutants under the National Pollution Discharge Elimination System program, this direct final rule will have an impact on authorized State, Territories, and Tribes programs and permits issued under this program where the permit specifies that an approved testing procedure or alternate must be used. Also, this could impact public water systems that are required to have water samples analyzed for contaminants in drinking water. For those contaminants where EPA has established a maximum contaminant level, a public water supplier will be required to use one of the standardized test procedures. The direct final rule will become effective May 16, 2001, unless EPA receives adverse comments by March 19, 2001. In the event EPA receives any adverse comments, a proposed rule (66 FR 3526) has been published in the same Federal Register to begin rulemaking activities. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford at (509) 372-2359.

From Olympia:

ECOLOGY AND THE DEPARTMENT OF HEALTH (DOH) RELEASE THE DRAFT HANFORD AIR OPERATING PERMIT FOR PUBLIC REVIEW

On January 10, 2001, Ecology and DOH released the DOE draft Air Operating Permit (AOP) for the Hanford Facility for public review and comment. The proposed Hanford Site AOP includes three major parts: the license for radioactive air emissions regulated by DOH, the permit for non radioactive air emissions regulated by Ecology, asbestos and open burning permitting conditions regulated by the Benton County Clean Air Authority, and the Federal Facilities Compliance Agreement between EPA and DOE on the national emission standards for hazardous air pollutants for radionuclides. The draft AOP includes:

The draft permit does not impose new requirements except for "grandfathered" facilities that are now subject to general standards for maximum emissions and facilities that need clarifications or modifications on the frequency of emissions monitoring. The AOP program is a tool for consolidating air emission regulatory requirements into a single document to comply with federal and state regulations. It is intended to enhance facility accountability and compliance with air regulations by requiring sources to submit periodic reports on their air emission sources. Ecology held a public hearing on the AOP on January 31, 2001, at its Kennewick Office. Comments on the draft AOP must be received by Ecology on or before February 12, 2001. For more information, email or call Barry_L_Curn@rl.gov of Fluor Hanford at (509) 372-0840.

Briefly:


FEDERAL/STATE
REGISTER REVIEW
66 FR 16
On January 2, 2001, EPA published a direct final rule taking final action to fully approve the Washington State AOP program (see article, this edition). The direct final rule becomes effective on March 5, 2001, unless EPA receives adverse comments by February 1, 2001. In the event EPA receives adverse comments, the Agency has published a proposed rule elsewhere in this same Federal Register (66 FR 84) to begin rulemaking.
66 FR 365
On January 3, 2001, EPA published a notice announcing that the "Draft Guidance for National Hazardous Waste Ombudsman and Regional Superfund Ombudsmen Program" is available for review and comment. The Office of Solid Waste and Emergency Response (OSWER) National Hazardous Waste and Superfund Ombudsman and the Regional Superfund Ombudsman were established to provide help to the public in resolving issues and concerns raised about the solid and hazardous waste programs administered by OSWER. Comments on the draft program report must be received by EPA on or before March 5, 2001.
66 FR 1263
On January 8, 2001, EPA published technical corrections and amendments to the final rule promulgating National Emission Standards for Hazardous Air Pollutants from Off-site Waste and Recovery Operations issued July 1, 1996. The final rule required new and existing major sources to control emissions of hazardous air pollutants to the maximum achievable control technology level. The technical corrections and amendments do not change the basic control requirements. The technical corrections and amendments became effective on January 8, 2001.
66 FR 1665
On January 9, 2001, EPA published a notice announcing that new information on 5-minute sulfur dioxide concentrations in the ambient air is available. Comments on the new information must be received by EPA on or before March 12, 2001.
66 FR 1671
On January 9, 2001, EPA published a notice announcing that it was publishing 17 Ecoregional Nutrient Criteria Documents for lakes and reservoirs, rivers and streams and wetlands within specific geographic regions of the U.S. This information is intended to serve as a starting point for States, authorized Tribes, and others to develop more refined nutrient criteria. EPA expects States and authorized Tribes to adopt or revise EPA ecoregional nutrient criteria into their water quality standards by 2004. EPA is accepting significant scientific information submitted to it by April 9, 2001.
66 FR 1675
On January 9, 2001, EPA published corrections to the final NPDES Storm Water Multi-sector General Permit for Industrial Activities published in the Federal Register on October 30, 2000. This general permit authorizes the discharge of storm water from industrial activities consistent with the terms of the permit.
66 FR 2047
On January 10, 2001, the Department of Transportation (DOT) published a notice announcing that it was preparing a legislative proposal to reauthorize the hazardous materials transportation safety program. The program was last authorized by Congress in 1994. DOT, in this notice, is requesting comments on possible amendments to the Federal Hazardous Materials Transportation law. Comments must be received in DOT by February 26, 2001.
66 FR 2273
On January 11, 2001, EPA published a final rule approving the analytical methods for 13 chemical contaminants on List 2 of the contaminants to be monitored in public water systems under the Unregulated Contaminant Monitoring Regulation Revisions. The rule also sets a schedule for monitoring of the microbiological contaminants. The analytical methods and monitoring will be used to support EPA decisions on whether or not to regulate and establish standards for these contaminants in drinking water. The final rule became effective January 11, 2001.
66 FR 3466
On January 16, 2001, EPA published a direct final rule approving the use of updated versions of test procedures for determining chemical, radiological, and microbiological pollutants and contaminants in drinking water and wastewater (see article, this edition). The direct final rule becomes effective May 16, 2001, unless adverse comments are received by March 19, 2001. In the event EPA receives adverse comments, the Agency has published a proposed rule (66 FR 3526) elsewhere in this same Federal Register to begin rulemaking activities.
66 FR 3770
On January 16, 2001, EPA published a final rule making minor revisions to the Interim Enhanced Surface Water Treatment Rule (IESWTR) and Stage 1 Disinfectants and Disinfection Byproducts (Stage 1 DBPR) rule published in the Federal Register on December 16, 1998; and the State Primacy Requirements to Implement Safe Drinking Water Act Amendments published in the Federal Register April 28, 1998. The final rule revises compliance dates for the IESWTR and the Stage 1 DBPR. The final rule revisions become effective February 15, 2001.
66 FR 4021
On January 17, 2001, EPA published a notice announcing that it has the draft plans available on the two systems that provide access to information on the potential off-site consequences of accidental chemical releases from industrial facilities required under Section 112(r ) of the CAA. EPA is also soliciting comments on these draft plans. Comments must be received by EPA on or before March 19, 2001.
66 FR 4500
On January 17, 2001, EPA published a final rule lowering the reporting thresholds for lead and lead compounds that are subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act and Section 6607 of the Pollution Prevention Act. The reporting thresholds are being lowered to 100 pounds. The final rule becomes effective February 16, 2001.
66 FR 4550
On January 17, 2001, the Army Corp of Engineers, EPA, and the Department of Army published a final rule amending the Clean Water Act Section 404 rules defining the term "discharge of dredged material." This action is being taken to follow up on a proposed rule published earlier (August 16, 2000) in which these agencies proposed to amend the Section 404 rule to establish a rebuttable presumption that mechanized land clearing, ditching, channelization, in-stream mining, and other mechanized excavation activity in waters of the U.S. result in more than incidental fallback and thus involve a regulable discharge of dredged material. The final rule becomes effective February 16, 2001.
66 FR 4826
On January 18, 2001, EPA published a notice announcing that the "Draft Implementation Guidance for the Radionuclide Rule" is available for review and comment (see article, this edition). Comments on the draft guidance must be received by EPA on or before March 30, 2001.
66 FR 6976
On January 22, 2001, EPA published a final rule establishing a health-based, non-enforceable Maximum Contaminant Level Goal for arsenic of zero and an enforceable Maximum Contaminant Level for arsenic of 0.01 milligrams/liter. This final rule will apply to non-transient non-community water systems that are not presently subject to standards on arsenic in drinking water and to community water systems. EPA is also publishing clarifications for monitoring and demonstration of compliance for new systems or sources of drinking water. The final rule becomes effective March 23, 2001.

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