Hanford Environmental Report - February 14, 2003

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 25, Number 2 - February 14, 2003

From Washington, D.C.:

DOE PUBLISHES NOTICE OF INTENT TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT ON MIXED WASTE MANAGED IN TANKS ON THE HANFORD SITE

On January 8, 2003, DOE published a notice (68 FR 1052) in the Federal Register announcing its intent to prepare an environmental impact statement (EIS) on the proposed retrieval, treatment, and disposal of mixed, hazardous, and radioactive waste being managed in the high-level waste (HLW) tank farms on the Hanford Site and closure of the 149 single-shell tanks (SST) and associated facilities. DOE is soliciting public comment on the scope of this EIS. DOE will prepare the EIS in accordance with the National Environmental Policy Act and implementing regulations.

DOE's proposed action is to remove waste from the tanks in the HLW tank farm to the extent that retrieval technically and economically is feasible and treat the waste through vitrification in the planned Waste Treatment Plant and/or one of several other treatment processes that include bulk vitrification, grout, steam reforming, and sulfate removal. DOE will package the waste for shipment and disposal offsite or transfer for disposal onsite. After the mixed waste is removed, DOE proposes to close 149 underground single-shell tanks, 28 underground double-shell tanks, the ancillary equipment, and contaminated soils in the HLW tank farms. The tanks will be closed in accordance with the Tri-Party Agreement. DOE will be holding public meetings in several cities in Washington and Oregon including Richland on February 5, 2003, Hood River on February 18, 2003, Portland on February 19, 2003, and Seattle on February 20, 2003. Comments on the scope of the EIS must be received by DOE on or before March 10, 2003. For more information, contact Wayne_E_Toebe@rl.gov at (509) 372-2359 with Flour Hanford Compliance Services.

EPA PUBLISHES PROPOSED NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS RULE FOR INDUSTRIAL/COMMERCIAL/INSTITUTIONAL BOILERS AND PROCESS HEATERS

On January 13, 2003, EPA published a proposed rule (68 FR 1660) in the Federal Register establishing national emission standards for hazardous air pollutants (NESHAP) for industrial/commercial/institutional boilers and process heaters. The proposed rule implements Section 112(d) of the Clean Air Act (CAA) that requires all major sources to meet hazardous air pollutant (HAP) emissions standards by applying the maximum achievable control technology (MACT) level of control. MACT refers to the maximum degree of reductions in emissions of HAP that is achievable, taking into consideration the cost of achieving emissions reductions, any non air quality health and environmental impacts, and energy requirements. The proposed rule includes new requirements for these sources including:

Testing and initial compliance requirements;
Notification, recordkeeping, and reporting requirements;
Continuous compliance requirements; and
Certain emission limitations and work practice standards.

EPA has identified industrial/commercial/industrial boilers and process heaters as potential major sources of HAP emissions because they have been found to emit pollutants such as arsenic, cadmium, chromium, hydrogen chloride, hydrogen fluoride, lead, manganese, mercury, and nickel. EPA is excluding from the proposed rule any units that already are or will be subject to regulation under another MACT standard. Comments on the proposed rule must be received by EPA on or before March 14, 2003. Kirk Peterson with Fluor Hanford Compliance Services currently is evaluating the proposed rule to determine the impact for the Hanford Site. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Compliance Services.

From Washington, D.C.:

ENVIRONMENTAL BILLS INTRODUCED IN 2003 LEGISLATIVE SESSION

The 2003 Legislative session began on January 13, 2003. Since that time, several environmental bills have been introduced for consideration and passage including:

Senate Bill 5124, House Bill 1002 - Mercury reduction and education. This bill requires that manufacturers of mercury-containing thermostats, motor vehicles with mercury switches, and lamps sold, distributed for sale, or used in the state must develop a collection system plan for ensuring that their mercury-containing products are properly collected, transported, and recycled. The bill also lists certain dates when 1) mercury containing lamps must be labeled as containing mercury and 2) mercury-added novelties, mercury-containing thermometers, motors that contain mercury switches, and commercial thermostat that contains mercury can no longer be sold or distributed.
Senate Bill 5126 - Hearings Board, de novo review of board decisions. This bill states that judicial review of the decisions of the growth management boards and environmental boards are de novo, with the burden of proof on the department.
Senate Bill 5493 - Environmental bench marks. This bill authorizes the development of a proposal for an environmental quality benchmarks program for future legislative consideration that would make better use of existing monitoring data and analysis to inform the public and would further performance-based environmental quality strategies.
Senate Bill 5594 - Hazardous waste facilities, plan for cleanup and/or closure of recyclers and oil processors. This bill requires Ecology to adopt the amended Chapter 173-303 WAC, Dangerous Waste Program, which would add provisions governing financial assurance, pollution liability, and closure plans at facilities including recyclers and used oil processors; establishing a system for authorizing recycling and used oil processing operations that currently are not subject to hazardous waste permits; and submitting recommendations in the 2004 legislative session addressing a fee-based system that would provide adequate funding for Ecology's permitting, compliance, and assistance programs for hazardous waste facilities including recyclers and used oil processors.
Senate Bill 5595 - Modifying the public notification requirements for wastewater discharge permits. This bill requires that Ecology send notice of wastewater discharge permit applications received to potentially affected state agencies; Ecology provide public notice and opportunity for public comment on proposed or draft permits or permit denials; and Ecology gives 30 days for interested parties to comment on the propose draft permit or permit denial.

For a copy of the bills or for more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Compliance Services.

ECOLOGY PUBLISHES PROPOSED RULE AMENDING THE SURFACE WATER QUALITY STANDARDS

On January 2, 2003, Ecology published the proposed amendments (WSR 03-01-124) to Chapter 173-201A WAC, the Surface Water Quality Standards, in the Washington State Register. The proposed rule would amend key aspects of the water quality standards including:

Changing the existing criteria for temperature, dissolved oxygen, bacteria and ammonia;
Adding new criteria to protect char (bull trout);
Adding new criteria to protect agricultural water supplies;
Adding new language on how to prevent degradation of water quality;
Moving from a "class-based" system to a "use-based" system for designating beneficial uses of fresh waters;
Providing more clarity and detail on implementing the regulations; and
Organizing the regulation in a better manner to make it easier to use.

Ecology held public hearings in various cities throughout the state in late January and early February 2003 to obtain public input on the changes. A draft EIS and other supporting documents can be found on the Internet at http://www.ecy.wa.gov/programs/wq/swqs. Comments on the proposed rule must be received by Ecology on or before March 7, 2003. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Compliance Services.

Notice:

The Association of Washington Business, the NW Environmental Business Council, and Preston, Gates and Ellis Law firm will be holding the 2003 Environmental Conference of Washington (ECW) on June 11 and 12, 2003 at the Washington State Trade and Convention Center in Seattle. The ECW is a forum for current and emerging environmental issues and features breakout sessions on air, water, hazardous waste, energy, land use, permitting, homeland security, sediments, and other topics. The ECW features topics on three tracks including policy roundtable, advanced management/technical, and compliance basics. For a complete agenda and registration information, visit the Internet at http://www.ecwashington.org.

Briefly:

On January 6, 2003, EPA published a notice (68 FR 557) in the Federal Register announcing the finalization of nine Clean Water Act Section 304(a) ecoregional nutrient criteria documents for lakes and reservoirs and rivers and streams within specific geographic regions of the U.S. EPA also is requesting scientific information on three new Section 304(a) ecoregional nutrient criteria documents. These documents serve as recommendations for States, Territories, and authorized Tribes to use in developing nutrient criteria to protect designated uses and in establishing water quality standards through rulemaking. Scientific information on the three new ecoregional nutrient criteria must be received by EPA on or before May 6, 2003.
On January 7, 2003, EPA published a final rule (68 FR 848) in the Federal Register amending the Toxic Substances Control Act (TSCA) Section 8(a) Inventory Update Rule (IUR). The final rule requires manufacturers of certain chemical substances on the TSCA Chemical Substances Inventory to report additional data on some of the chemicals to assist EPA in screening potential exposures and risks resulting from industrial operations and commercial uses. EPA also is changing the IUR reporting and recordkeeping requirements, removing one reporting exemption and creating others, modifying its procedures for making Confidential Business Information claims, and making technical corrections. The final rule became effective February 6, 2003.
On January 8, 2003, Ecology released a document entitled, "Concise Explanatory Statement and Responsiveness Summary for the Adoption of Chapter 173-350 WAC Solid Waste Handling Standards (Publication #: 03-070001.)" The document contains Ecology's responses to the verbal and written comments submitted to the agency during the public comment period on the proposed rule. For a copy of the document or for more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Compliance Services.
On January 9, 2003, the Department of Transportation (DOT) published a final rule (68 FR 1342) in the Federal Register reducing the registration fees paid by persons who transport or offer for transportation in commerce certain categories and quantities of hazardous materials. The DOT also is revising the rule to provide that a not-for-profit organization will pay the same registration fee as a small business. The final rule becomes effective March 3, 2003.
On January 10, 2003, EPA published a notice (68 FR 1454) in the Federal Register announcing that it is planning to submit several Information Collection Requests (ICR) including an ICR on National Pollutant Discharge Elimination System Modification and Variance Requests to the Office of Management and Budget (OMB) for review and approval. A NPDES permit applicant may request a variance from the conditions of the permit and in doing so is required to submit certain information. The ICR calculates the burden and costs associated with these modifications. The ICR expires April 30, 2003. Comments on the ICR must be received by EPA on or before March 11, 2003.
On January 13, 2003, EPA published a notice (68 FR 1608) in the Federal Register announcing that the Final Policy on Water Quality Trading (Final Policy) is available for public review and comment. The Final Policy describes ways that water quality trading programs may be aligned with the Clean Water Act (CWA) and implementing regulations. It also describes elements that can be used for environmentally sound trading programs. The Final Policy offers guidance to States and Tribes on developing and implementing water quality trading programs. Comments on the Final Policy must be received by EPA on or before July 15, 2003.
On January 14, 2003, EPA published a proposed rule (68 FR 1888) in the Federal Register establishing NESHAPs for stationary combustion turbines. EPA has identified these as major sources of HAP emissions because they have been found to emit pollutants such as formaldehyde, toluene, benzene, and acetaldehyde. The proposed NESHAP implements Section 112(d) of the CAA by requiring all major sources to meet HAP emission standards reflecting the application of MACT for combustion turbines. Comments on the proposed rule were to be received by EPA on or before February 13, 2003. Kirk Peterson is evaluating the proposed rule to determine its impact on the Hanford Site. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Compliance Services.
On January 15, 2003, the Army Corps of Engineers (Corps) and EPA published an advanced notice of proposed rulemaking (ANPRM) (68 FR 1991) in the Federal Register to obtain early comment on issues associated with the scope of waters of the CWA in light of the U.S. Supreme Court decision on a recent court case (Solid Waste Agency of Northern Cook County v. Corps, 531, U.S. 159(2001). The 2001 Supreme Court decision narrowed the parameters under which the federal government may regulate certain wetlands. EPA and the Corps are requesting comments and data/information from the public, scientific community, and Federal and State resource agencies on the definition of "waters of the United States" to clarify the scope of their regulatory jurisdiction under the CWA. The public input on the ANPRM will be used by the agencies to determine the issues to be addressed and the substantive approach for a future proposed rulemaking to addressing the scope of the CWA jurisdiction. Comments on the ANPRM must be received by EPA on or before March 3, 2003.
On January 16, 2003, EPA published a notice (68 FR 2276) in the Federal Register announcing that it was extending the comment period on the proposed rule (October 30, 2002, 67 FR 66251) titled Methods Innovation Rule and Notice of Data Availability that announced the availability of the RCRA Waste Sampling Draft Technical Guidance. The comment period has been extended from December 30, 2002 to February 28, 2003. The documents can be found on the Internet at http://www.epa.gov/epaoswer/hazwaste/test/sw846.htm. Comments on the proposed rule must be received by EPA on or before February 28, 2003.
On January 29, 2003, EPA published a notice (68 FR 4481) in the Federal Register announcing the availability of two studies on the treatment of mercury wastes. The studies were done to determine if EPA could propose treatment and disposal alternatives to current land disposal restrictions treatment standards for mercury retorting. The studies are available on the Internet at http://www.epa.gov/edocket.
On January 30, 2003, EPA published a notice (68 FR 4777) in the Federal Register announcing that it was extending the comment period on the pilot website, Enforcement and Compliance History Online (ECHO) from January 21, 2003, to March 31, 2003. ECHO contains searchable, facility-level enforcement and compliance information. ECHO can be found on the Internet at http://www.epa.gov/echo. Comments on ECHO must be received by EPA on or before March 31, 2003.
On January 21, 2003, U.S. DOT published a notice of proposed rulemaking (NPRM) (68 FR 2734) in the Federal Register to amend the Hazardous Materials Regulations (HMR) based on petitions for rulemaking and DOT initiatives. The proposed amendments are intended to update, clarify, and provide relief for regulated entities from certain regulatory requirements. Comments on the NPRM must be received by DOT on or before March 17, 2003.
On January 23, 2003, EPA launched an Internet site, http://www.regulations.gov, designed to promote public participation in the federal rulemaking process. The site consolidates all government rules open to public comment into one single website and allows the public to find, review, and comment on these rulemakings. The website is the first part of a three-part program called eRulemaking. The second part is a single, government-wide electronic docket that will reduce the cost, increase government efficiency, and improve the public participation in the rulemaking process. The third part is an electronic desktop system that will improve federal employee's ability to conduct a more thorough regulatory analysis plus develop and consider more innovative regulatory options. eRulemaking is part of a larger federal E-government initiative program that is intended to make it easier for the public to be involved in government programs and to save taxpayer money.

*FEDERAL/STATE*
	*REGISTER REVIEW*

68 FR 463: On January 6, 2003, the Nuclear Regulatory Commission (NRC) published a final rule amending regulations to add the Standardized Advanced NUHOMS System to the list of approved spent fuel storage casks. The amendment allows the holders of power reactor operating licenses to store spent fuel in this approved cask system under a general license. The final rule becomes effective February 5, 2003.

68 FR 557: On January 6, 2003, EPA published a notice announcing the availability of nine Section 304(a) ecoregional nutrient criteria documents for lakes, reservoirs, rivers, and streams within specific geographic regions of the U.S (see briefly, this edition). Comments on the criteria must be received by EPA on or before March 6, 2003.

68 FR 560: On January 6, 2003, EPA published a notice announcing the availability of a final nutrient criteria technical guidance manual for estuaries and coastal marine waters. The document provides States and Tribes with guidance on how to develop numeric nutrient criteria for estuaries and coastal marine waters. The document can be found on the Internet at http://www.epa.gov/OST/standards/nutrient.html.

68 FR 614: On January 6, 2003, EPA published a final response to a remand of the U.S. Court of Appeals for the District of Columbia Circuit on the Ozone national ambient air quality standard (NAAQS). The Court remanded the Ozone NAAQS to EPA to consider any potential beneficial health effects of Ozone pollution in shielding the public from "harmful effects of the sun's ultraviolet rays". The response becomes effective March 7, 2003.

68 FR 848: On January 7, 2003, EPA published a final rule amending the TSCA Section 8(a) Inventory Update Rule (refer to briefly, this edition). The final rule becomes effective February 6, 2003.

68 FR 1052: On January 8, 2003, DOE published a notice announcing that it intends to prepare an EIS on the proposed retrieval, treatment, and disposal of the mixed waste being managed in the high-level waste HLW tank farms on the Hanford Site and closure of the 149 SST's and associated facilities at these same tank farms (refer to article, this edition). Comments on the scope of the EIS must be received by DOE on or before March 10, 2003.

68 FR 1179: On January 9, 2003, DOE published a notice announcing that the Hanford Environmental Management Site-Specific Advisory Board (HAB) will meet Thursday, February 6, 2003 from 9am to 5 pm and Friday, February 7, 2003 from 8:30 am to 4 pm at the Red Lion Inn in Richland.

68 FR 1608: On January 13, 2003, EPA published a notice announcing that the final Water Quality Trading Policy was available (refer to briefly, this edition).

68 FR 1660: On January 13, 2003, EPA published a proposed rule to establish NESHAP for Industrial/Commercial/Institutional Boilers and Process Heaters (refer to article, this edition). Comments on the proposed rule must be received by EPA on or before March 14, 2003.

68 FR 1888: On January 14, 2003, EPA published a proposed rule establishing NESHAP for stationary combustion turbines (refer to briefly, this edition). Comments on the proposed rule must be received by EPA on or before February 13, 2003.

68 FR 1991: On January 15, 2003, the Corps and EPA published an ANPR to solicit early pubic comment on issues associated with the definition of "waters of the United States" (refer to briefly, this edition) Comments on the ANPR must be received by EPA on or before March 3, 2003.

68 FR 2227: On January 16, 2003, EPA published a final rule promulgating NESHAP for municipal solid waste landfills. The final rule adds startup, shutdown, and malfunction requirements plus operating condition deviations for out-of-bounds monitoring parameters, requires timely control of bioreactor landfills, and changes the reporting frequency for one report. The final rule became effective January 16, 2003.

68 FR 2276: On January 16, 2003, EPA published a notice announcing that it was extending the comment period on the Methods Innovation Rule and the new RCRA Waste Sampling Draft Technical Guidance until February 28, 2003 (refer to briefly, this edition). Comments on the rule and the draft guidance must be received by EPA on or before that date.

68 FR 2734: On January 21, 2003, the DOT published a NPRM to amend the HMR (refer to briefly, this edition). Comments on the NPRM must be received in DOT by March 17, 2003.

68 FR 2819: On January 21, 2003, EPA published a final rule establishing an allowance system to control the U.S. consumption and production of the ozone-depleting substance (ODS,) hydrochlorofluorocarbons. The U.S. is obligated under the Montreal Protocol on Substances that Deplete the Ozone Layer to limit HCFC consumption to a specific level and to reduce it in a step-wise fashion starting January 1, 2004. The U.S. has also agreed to limit production beginning January 1, 2004. The final rule became effective January 21, 2003.

68 FR 4003: On January 27, 2003, EPA published a direct final rule to list three substitutes for ODS in the fire suppression and explosion protection sector as acceptable under EPA's Significant New Alternatives Policy program. The final rule becomes effective March 28, 2003, unless EPA receives adverse comments or a public hearing by February 26, 2003. Elsewhere in the same Federal Register, EPA published a notice of proposed rulemaking (NPR) (68 FR 4012) in the event the direct final rule is withdrawn. Comments on the NPR must be received by EPA on or before February 26, 2003.

68 FR 4392: On January 29, 2003, EPA published a correction to the Land Disposal Restriction regulation, 40 CFR Parts 266 to 299, revised as of July 1, 2002. EPA has made a change to the table by adding a footnote. The change became effective immediately.

68 FR 4481: On January 29, 2003, EPA published a notice announcing that two studies conducted on the treatment of mercury wastes (refer to briefly, this edition). The studies can be found on the Internet at http://www.epa.gov/fedrgstr.

68 FR 4777: On January 30. 2003, EPA published a notice announcing that the comment period has been extended for the pilot Website, ECHO (refer to briefly, this edition). Comments on ECHO must be received by EPA on or before March 31, 2003.

68 FR 4977: On January 31, 2003, EPA published a notice announcing that DOE documents on the Argonne National Laboratory - East are available for public review and comment. The documents include: CCP-PO-001-Revision 4, 5/31/02 - CCP Tranuranic (TRU) Waste Characterization Quality Assurance Project Plan, and CCP-PO-002-Revision 4, 5/17/02 -CCP TRU Waste Certification Plan. EPA also is announcing that it will perform an inspection at the facility on February 10, 2003. Comments on the documents must be received by EPA on or before March 3, 2003.

WSR 03-01-124: On January 2, 2003, Ecology published a proposed rule amending the Surface Water Quality Standards, Chapter 173-201A WAC (refer to article, this edition). Comments on the propose rule must be received by Ecology on or before March 7, 2003.

WSR 03-01-039: On January 2, 2003, Ecology published a final rule amending Chapter 173-153 WAC, the Water Conservancy Board rule, to make it consistent with amendments to the statute that occurred in 2001. The final rule became effective January 9, 2003.

WSR 03-02-089: On January 15, 2003, Ecology published its rule agenda for January 2003 to June 2003.

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