Privacy & Security Notice

Image of Hanford Site Hanford
Environmental
Report
Dedicated to Environmental Compliance

Volume 24, Number 2 - February 8, 2002

From Washington, D.C.:

EPA ISSUES NOTICE OF DEFICIENCY ON WASHINGTON'S CLEAN AIR ACT TITLE V OPERATING PERMIT PROGRAM

On January 2, 2002, EPA published a Notice of Deficiency (NOD) (67 FR 72) in the Federal Register on Washington's Clean Air Act (CAA) Title V operating permit (AOP) program. Washington's AOP program is administered by two state agencies including Ecology and seven local air authorities. Of concern to EPA are provisions in Washington's rule which exempt insignificant emissions units (IEUs) from testing, monitoring, recordkeeping, reporting and compliance certification requirements.

In 1995, the Washington State Petroleum Association, several other companies, and Ecology petitioned the U.S. Court of Appeals for the Ninth Circuit challenging EPA's initial determination that Washington must revise its IEU provisions as a condition of full approval of the AOP program. In 1996, the Court ruled in favor of the petitioners and required EPA to address inconsistencies in its Title V program as argued in court. In its decision, the court did not rule on whether Washington was meeting requirements of Part 70. The court then remanded the issue back to EPA instructing it to give full approval to Washington's IEU provisions. In August 2001, EPA granted full approval of Washington's program, however, it maintained that Part 70 does not allow the exemption of IEUs from testing, monitoring, recordkeeping, reporting, and compliance certification. Since remand of the court decision, EPA has addressed the inconsistencies as the court ruled and is now issuing the NOD to Washington to comply with the Federal Title V rule. Washington has 18 months from the date EPA signed the NOD (June 14, 2003) to make corrections or the State faces withdrawal of its AOP program. Currently, Ecology and businesses are discussing options for responding to EPA's notice. Bill Green with Fluor Hanford's Project Environmental Documentation group is determining how this will impact Hanford. For more information, email or call William_E_Jr_Green@rl.gov at (360) 376-0583.

EPA PROPOSES TO AUTHORIZE ECOLOGY'S HAZARDOUS WASTE MANAGEMENT PROGRAM REVISIONS

On January 15, 2002, EPA published a proposed rule (67 FR 1931) in the Federal Register granting Ecology final authorization to operate its hazardous waste management program as amended. Ecology had submitted its authorization package with EPA in August 2, 2001, for amendments to the State's Dangerous Waste Regulations that were adopted in June 2000. EPA has determined that Ecology's revised program meets the statutory and regulatory requirements of RCRA. Ecology's rule revisions in this authorization include:

These rule amendments to Ecology's Dangerous Waste Program became effective June 10, 2000. EPA must receive comments on the proposed rule on or before February 14, 2002. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services group.

EPA PROPOSES AMENDMENTS TO THE NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS DELEGATIONS' PROVISIONS

On January 16, 2002, EPA published proposed rule amendments to 40 CFR, Part 63, Section 112(l)(67 FR 2286) of the CAA in the Federal Register to clarify which portions of the existing National Emissions Standards for Hazardous Air Pollutants (NESHAP) contain authorities that can be delegated to State, Local, and Tribal (S/L/T) agencies. The changes EPA is proposing include:

EPA is proposing these amendments because of inconsistencies in the existing NESHAPs, which were promulgated before a consistent rule format was developed. This action is intended to make it easier for EPA to delegate the program to the S/L/T agencies. EPA must receive comments on the proposed rule amendments on or before March 18, 2002. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Compliance Services group.

EPA SEEKS PUBLIC COMMENT ON THE DRAFT RECOMMENDATIONS FOR IMPLEMENTING ITS PUBLIC INVOLVEMENT POLICY

On January 17, 2002, EPA published a notice (67 FR 2436) in the Federal Register announcing that the document entitled, "Draft Recommendations for Implementing EPA's Public Involvement Policy " was available for public review and comment. This document recommends specific actions EPA staff can take to implement EPA's Public Involvement Policy which is currently being finalized and will be released this spring. A draft of EPA's Public Involvement Policy was published in the Federal Register in December 2000. Draft recommendations in this document include:

EPA intends to issue the final recommendations along with the final Public Involvement Policy this spring. The draft recommendations can be found on the Internet at http://www.epa.gov/stakeholders. EPA must receive comments on the document on or before March 18, 2002. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

EPA PROPOSES RULE TO REDUCE THE RECORDKEEPING AND REPORTING BURDEN OF RCRA

On January 17, 2002, EPA published a proposed rule (67 FR 2517) in the Federal Register to reduce the recordkeeping and reporting burden of RCRA that is imposed on the regulated community, states, and the public. The intent of the proposed rule is to meet the Federal government-wide goal established by the Paperwork Reduction Act of reducing the paperwork burden by 40 percent from the total burden imposed annually by regulation as of September 30, 1995. This action will eliminate 929,000 hours per year of paperwork burden. In this rulemaking, EPA proposes:

EPA initially published a notice (64 FR 32859) requesting public comment on reduction ideas in the Federal Register in June 1999. Ideas and comments from that notice and several public forums have been incorporated into the proposed rule. EPA must receive comments on the proposed rule on or before April 17, 2002. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services group.

EPA ISSUES FINAL AMENDMENTS TO THE CORRECTIVE ACTION MANAGEMENT UNIT RULE

On January 22, 2002, EPA published final amendments (67 FR 2962) in the Federal Register to the Corrective Action Management Unit (CAMU) rule under RCRA. This action amends the original CAMU rule, which was promulgated in February 1993. In this final rule amendment, EPA is:

EPA is also amending the regulations to: amend the provisions on "staging piles" to allow for mixing, blending, and other similar physical operations intended to prepare wastes for subsequent management or treatment; add a new provision allowing for off-site placement of hazardous CAMU-eligible waste in hazardous waste landfills if they are treated to meet CAMU treatment standards; grant interim authorization for these CAMU amendments to states that are authorized for the 1993 CAMU rule, and expedite state authorization for the CAMU rule for states that are authorized for the RCRA corrective action program but not the 1993 CAMU rule. The final rule becomes effective on April 22, 2002. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services group.

Briefly:


FEDERAL/STATE
REGISTER REVIEW
67 FR 72
On January 2, 2002, EPA published a NOD on Washington's AOP Program (see article, this edition). The notice became effective December 14, 2001.
67 FR 278
On January 3, 2002, EPA published a notice announcing that it was extending the comment period on a proposed rule establishing electronic reporting and records (see briefly, this edition). EPA must receive comments on the proposed on or before February 27, 2002.
67 FR 369
On January 3, 2002, the OMB published final guidelines that provide policy and procedures to Federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information that the agencies issue or release (see briefly, this edition). The final guidelines became effective January 3, 2002.
67 FR 585
On January 4, 2002, EPA published a notice announcing it is planning to submit an Information Collection Request (ICR) on the Public Water Systems Supervision program to the OMB for review and approval. EPA must receive comments on the ICR on or before March 5, 2002.
67 FR 874
On January 8, 2002, DOE published a notice announcing that the meeting of the Hanford Environmental Management Site-Specific Advisory Board will be held February 7-8, 2002, at the West Coast Hotel in Kennewick.
67 FR 1212
On January 9, 2002, EPA published a notice announcing that it was adding several health assessments to the Integrated Risk Information System 2001 agenda and is also soliciting scientific data on these assessments. The health assessments can be found on the Internet at http://www.epa.gov/iris. EPA must receive comments on the health assessments on or before March 11 2002.
67 FR 1295
On January 10, 2002, EPA published a notice announcing that applicability determinations, alternative monitoring decisions, and regulatory interpretations EPA has made on the NSPS and the NESHAP are available. These documents can be found on the Applicability Determination Index on the Internet at http://www.es.epa.gov/oeca/eptdd/adi.html.
67 FR 1358
On January 10, 2002, the Agency for Toxic Substances and Disease Registry published a notice announcing that a public meeting of the Inter-tribal Council on Hanford Health Projects in association with the Citizens Advisory Committee on Public Health Services Activities and Research at DOE sites: Hanford Health Effects Subcommittee, will be held January 23, 2002, at 9 a.m. in the West Coast Hotel in Kennewick.
67 FR 1430
On January 11, 2002, EPA published a notice to extend the public comment period on the proposed response to the D.C. U.S. Court of Appeals remand of the National Ambient Air Quality Standards (NAAQS) for ozone published in the Federal Register on November 14, 2001. The comment period has been extended to February 13, 2002. EPA must receive comments on the remand on or before that date.
67 FR 1811
On January 14, 2002, EPA published a final rule on the Long Term I Enhanced Surface Water Treatment Rule. The purpose of the final rule is to improve control of microbial pathogens in drinking water and address the risk of disinfection byproducts. The final rule becomes effective February 13, 2002.
67 FR 1931
On January 15, 2002, EPA published a proposed rule granting final authorization for the changes to Washington's hazardous waste program (see article, this edition). EPA must receive comments on the proposed rule on or before February 14, 2002.
67 FR 1937
On January 15, 2002, EPA published proposed significant new use (SNUR) rules for six chemical substances under the Toxic Substances Control Act. EPA must receive comments on the SNUR on or before March 18, 2002.
67 FR 1977
On January 15, 2002, EPA published a notice announcing that the final report entitled, "Workshop Report on the Application of 2,3,7,8 - TCDD Toxicity Equivalence Factors to Fish and Wildlife" is available. The report can be found on the Internet at http://www.epa.gov/ncea/raf/rafpub.htm.
67 FR 2285
On January 16, 2002, EPA published proposed amendments to clarify existing NESHAP Delegations' Provisions (see article, this edition) of section 112(l) of the CAA. EPA must receive comments on the proposed amendments on or before March 18, 2002.
67 FR 2436
On January 17, 2002, EPA published a notice soliciting public comment on the document entitled, "Draft Recommendations for Implementing EPA's Public Involvement Policy." The document can be found on the Internet at http://www.epa.gov/stakeholders. EPA must receive comments on the draft recommendations on or before March 18, 2002.
67 FR 2518
On January 17, 2002, EPA published a proposed rule to reduce recordkeeping and reporting under RCRA (see article, this edition). EPA must receive comments on the proposed rule on or before April 17, 2002.
67 FR 2962
On January 22, 2002, EPA published a final rule amending the corrective action management unit regulations (see article, this edition). The final rule becomes effective April 22, 2002.
67 FR 3628
On January 25, 2002, the NRC published a proposed rule amending regulations on disposal of high-level radioactive wastes at the potential Yucca Mountain repository to define the term "unlikely" in quantitative terms (see briefly, this edition). Comments on the proposed rule must be received in the NRC by April 10, 2002.
67 FR 3897
On January 28, 2002, EPA published a notice announcing that the draft document entitled, "Proposed Methodology for Particulate Matter Risk Analyses for Selected Urban Areas" was available for review and comment. This document outlines the analyses and methods proposed for the quantitative risk assessment of fine particles that will be conducted as part of the periodic review of the NAAQS for particulate matter. EPA must receive comments on the draft document on or before February 27, 2002.
67 FR 4185
On January 29, 2002, EPA published a direct final rule to remove restrictions previously imposed on the use of certain substitutes for ozone-depleting substances under the Significant New Alternatives Policy program. The direct final rule becomes effective April 1, 2002, unless EPA receives adverse comments at which time EPA will withdraw the rule. Elsewhere in the same Federal Register, EPA published a notice of proposed rulemaking (67 FR 4222) on this same action. EPA must receive comments on the notice of proposed rulemaking on or before February 28, 2002.
67 FR 4429
On January 30, 2002, EPA published a notice announcing that a technical manual entitled, "Methods for Collection, Storage, and Manipulation of Sediments for Chemical and Toxicological Analyses" was available. The document can be found on the Internet at http://www.epa.gov/ncepihom/orderpub.html.
67 FR 4675
On January 31, 2002, EPA published a correction to 40 CFR Part 122 on the NPDES program regulations. EPA is making corrections to section 122.26 on stormwater discharges. The correction becomes effective immediately.
WSR 02-01-092
On January 2, 2002, Ecology published a proposed rule to establish wetland mitigation banks. The purpose of the rule is to provide a predictable, efficient, regulatory framework for the review of bank proposals and the certification of environmentally responsible wetland mitigation banks consistent with federal guidance. Comments must be received by Ecology on or before February 15, 2002.
WSR 02-01-129
On January 2, 2002, Ecology published a preproposal statement of inquiry to begin rulemaking to amend Chapter 172-153 WAC, Water Conservancy Boards. The rule is being revised to incorporate changes as a result of Engrossed Substitute House Bill 1832. Interested parties can participate in the rulemaking by contacting Ecology at (360) 407-6634.
WSR 02-01-165
On January 2, 2002, the Department of Health published a final rule revising the fee schedule for water system evaluation and project review and approval fees and drinking water operator certification fees. The final rule became effective December 14, 2002.
WSR 02-02-017
On January 16, 2002, Ecology published a final rule establishing requirements for the measurement and reporting of water diversions and withdrawals under a new rule, Chapter 173-173 WAC. The final rule became effective on January 21, 2002.

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

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