Hanford Environmental Report - February 13, 2004

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 26, Number 2 - February 13, 2004

From Washington, D.C.:

EPA PUBLISHES FINAL RULE CLARIFYING THE SCOPE OF MONITORING REQUIREMENTS FOR FEDERAL/STATE OPERATING PERMIT PROGRAMS

On January 22, 2004, the Environmental Protection Agency (EPA) published a final rule in the Federal Register (FR) (69 FR 3202) ratifying certain current monitoring language of state and federal operating permit program rules under Title V of the Clean Air Act (CAA). In particular, EPA is:

Ratifying the regulatory text in Sections 70.6(c )(1) and 71.6(c )(1) as it is currently worded in Title V.
Declining to adopt the proposed revisions of these texts as proposed in a September 17, 2002 Federal Register (67 FR 58561); and announcing that it has determined the correct interpretation of Sections 70.6(c)(1) and 71.6(c )(1) is that they do not provide a basis for requiring or authorizing review and enhancement of existing monitoring in Title V permits independent of any review and enhancement as may be required under the periodic monitoring rules, the continuous air monitoring rule where it applies, and other applicable requirements under the CAA.

This action is the first in a four-step strategy for improving existing monitoring where necessary through rulemaking in order to reduce resource-intensive, case-by-case monitoring reviews. EPA intends to take three related actions in the near future including: encouraging states to improve possibly inadequate monitoring in certain State Implementation Plan (SIP) rules; identifying and improving possibly inadequate monitoring in certain federal rules or monitoring in SIP rules not addressed in connection with the PM 2.5 implementation guidance or rulemaking over a longer time frame; and publishing a separate proposed rule to address what monitoring constitutes periodic monitoring under sections 70.6(c)(3)(i)(B) and 71.6(a)(3)(i)(B). For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

DEPARTMENT OF TRANSPORTATION PUBLISHES FINAL RULE AMENDING REQUIREMENTS FOR TRANSPORTATION OF RADIOACTIVE MATERIALS

On January 26, 2004, the U. S. Department of Transportation (DOT) published a final rule (69 FR 3632) in the Federal Register amending requirements to the Hazardous Materials (HAZMAT) Regulations on transportation of radioactive materials based on changes to the International Atomic Energy Agency (IAEA) publication entitled, "IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material," 1996 Edition, No. TS-R-1. The final rule requirements include:

Exception for certain naturally occurring radioactive materials from federal HAZMAT regulations as long as their specific activities do not exceed 10 times the activity concentration exemption values.
Removal of plutonium 238 from the definition of fissile material.
Adoption of the nuclide-specific exemption activity concentrations and nuclide-specific consignment activities listed in IAEA standards to ensure continued consistency between domestic and international regulations for the basic definition of radioactive material.
Incorporation of the IAEA updates for packages containing more that 0.1 kilogram of uranium hexafluoride.
Adoption of the IAEA's new proper shipping names and United Nations identification numbers, with certain exceptions.
A requirement that the new fissile label be placed on each fissile material package.

The Nuclear Regulatory Commission (NRC) published final rule amendments (69 FR 3698) in the FR at the same time in conjunction with DOT's publication since the two agencies jointly regulate the transportation of radioactive material in the U.S. in accordance with a July 2, 1979 Memorandum of Understanding. The Washington State Department of Transportation (WDOT) final rule becomes effective October 1, 2004. The NRC final rule becomes October 1, 2004 and portions of Sections 71.19 and 71.20 expire on October 1, 2008. For more information, email or call Jim_Portsmouth@duratekinc.com, FH Traffic Manager at (509) 376-7164.

THE NATIONAL RESEARCH COUNCIL ISSUES REPORT ON IMPROVING THE CHARACTERIZATION PROGRAM FOR TRANSURANIC WASTE BOUND FOR THE WASTE ISOLATION PILOT PLANT

On January 16, 2004, the National Research Council issued a report entitled, "Improving the Characterization Program for Contact-Handled Transuranic (TRU) Waste Bound for the Waste Isolation Pilot Plant". The report contains recommendations DOE should consider before making any significant changes to the federal TRU waste characterization program. These recommendations include:

Conduct a public study assessing the risks of TRU waste handling, transportation, disposal, and characterization activities.
Use its increasing experience base and advances in technology to improve the current TRU waste characterization program.
Propose a more flexible waste characterization program that takes into account the properties of different waste streams.
Request authorization to use other methods of determining what constitutes "acceptable knowledge" in its waste characterization activities.
Keep states through which WIPP-bound TRU waste travels informed of changes in the characterization program to ensure the transportation agreements with those states are not threatened.
Publish clear analyses of proposed changes to its characterization program to document that they would not harm human health or the environment.

The report is available through the National Academies Press, at (800) 624-6242 or can be ordered on the Internet at http://www.nap.edu for a cost of $39.00 (plus shipping). For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Program Services.

Briefly:

The State of Washington Department of Ecology (Ecology) recently held workshops throughout the State to discuss preliminary assessments of water quality in Washington to include all rivers, lakes and marine waters in the state where data was available. Ecology also gave an update of the 303(d) list (polluted waters list) which is used to develop water cleanup plans or Total Maximum Daily Loads (TMDLs) for these bodies of water. The workshops were held in Spokane on February 3, Yakima on February 4 and Olympia on February 12, 2004. Comments on the assessments must be received by Ecology no later than March 15, 2004.
On January 7, 2004, Ecology published a Preproposal Statement of Inquiry (WSR 04-01-116) in the Washington State Register (WSR) on a rulemaking to amend Chapter 173-224 WAC, Wastewater Discharge Permit Fees. Ecology is proposing to amend the existing rule that will increase annual permit fees for fiscal year 2005 and 2006 as well as create a new permit fee structure for Phase 2 Storm water Municipalities. For more information, email or call Marsha_A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.
On January 12, 2004, EPA published a notice (69 FR 1738) in the FR announcing that it was seeking public comment and information on an Information Collection Request (ICR) for Reporting and Recordkeeping for Asbestos Abatement Worker Protection. The ICR is due to expire July 31, 2004. Comments on the ICR must be received in EPA by March 12, 2004.
On January 12, 2004, EPA published a final rule (69 FR 1785) in the FR promulgating Performance Specification 11 (PS-11): Specifications and Test Procedures for Particulate Matter Continuous Emission Monitoring Systems at Stationary Sources, and Procedure 2: Quality Assurance (QA) Requirements for Particulate Matter (PM) Continuous Emission Monitoring Systems at Stationary Sources. The PS-11 and QA Procedure 2 applies to sources that are required under an applicable regulation to use particulate matter continuous emission monitoring systems to monitor PM. The final rule became effective January 12, 2004.
On January 21, 2004, the State of Washington Department of Health (WDOH) published a withdrawal of the proposed rule changes in the Washington State Register (WSR) to Chapter 246-247 (WSR 04-02-067) WAC, Radioactive Air Emissions that were filed June 21, 2003 as WSR 03-15-104. WDOH intends to rework the proposal based on comments that were raised during the public comment period.
On January 28, 2004, EPA released draft guidance on information about the most frequently used EPA models and how to evaluate these models. EPA has also posted on the Internet a "Knowledge Base" that contains 90 models most commonly used by EPA's regional and program offices. The draft guidance contains a variety of information about each model including situations where the model could be used, where its use would be appropriate, assumptions it makes, and contact names to discuss it further. Information about EPA's models and guidance can be found on the Internet at http://www.epa.gov/crem.
On January 29, 2004, the National Research Council released a report entitled, "Air Quality Management in the United States" which makes recommendations on how air quality can be improved. Congress had asked the National Academies in 1999 to evaluate the effectiveness of major provisions of the CAA and its implementation and to develop scientific and technical recommendations for strengthening them. The report recommended that EPA convene an implementation task force to prepare an action plan and determine if legislative action would be necessary. The report can be found on the Internet in a few weeks at http://books.nap.edu/catalog/10728.html?onpi_newsdoc01292003.
On January 30, 2004, EPA published a notice (69 FR 4463) in the FR announcing that it was extending the public comment period on a proposed rule that would conditionally exclude industrial wipes contaminated with hazardous solvents from the definition of solid waste under the Resource Conservation and Recovery Act. The proposed rule (68 FR 65586) was published in the Federal Register on November 20, 2003. EPA is extending the comment period from February 18, 2004 to March 14, 2004. Comments on the proposed rule must be received by EPA on or before that time.

*FEDERAL/STATE*
	*REGISTER REVIEW*

69 FR 338: On January 5, 2004, EPA published a notice announcing the Office of Management and Budget (OMB) responses to EPA's Information Collection Requests (ICRs) that were approved in November 2003.

69 FR 1738: On January 12, 2004, EPA published a notice announcing that it was seeking public comment and information on an ICR for Reporting and Recordkeeping for Asbestos Abatement Worker Protection 9 (see briefly, this edition). Comments on the ICR must be received by EPA on or before March 12, 2004.

69 FR 1785: On January 12, 2004, EPA published final rule amendments to Performance Specification 11 and Procedure 2 (see briefly, this edition). The final rule became effective January 12, 2004.

69 FR 1977: On January 13, 2004, EPA published a notice announcing that it was planning to submit an ICR on Reporting and Recordkeeping Requirements under EPA's Wastewise Program to OMB for review and approval. The ICR expires May 31, 2004. Comments on the ICR must be received by EPA on or before March 15, 2004.

69 FR 2350: On January 15, 2004, EPA published a notice announcing an external peer-review panel meeting to review the external review draft document entitled "Toxicological Review of Toluene: In Support of Summary Information on the Integrated Risk Information System (IRIS)". EPA will use comments and recommendations from the panel to finalize the draft document. The meeting was held February 5, 2004 in Washington, D.C.

69 FR 2352: On January 15, 2004, EPA published a notice announcing the availability of a document entitled, "Questions and Answers for the New Chemical Program". The document is intended to explain and clarify the requirements of the Toxic Substances Control Act (TSCA) Section 5 and selected EPA regulations implementing TSCA Section 5 and to provide useful information to persons subject to the requirements. Comments on the document must be received by EPA on or before March 15, 2004.

69 FR 2468: On January 15, 2004, EPA published a notice announcing that the TSCA Interagency Testing Committee (ITC) transmitted the Fifty-Third Report (Report) to the Administrator of EPA on December 2, 2003. In the Report, the ITC is revising the Priority Testing List by adding 3 pyridinamines and 20 tungsten compounds. Comments on the Report must be received by EPA on or before February 17, 2004.

69 FR 2712: On January 20, 2004, EPA published a notice announcing that the document entitled, "EPA's Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000)" is available for review and comment. EPA is requesting scientific views on the draft revised criteria since the criteria reflect changes in several of the values used to derive them, including the Reference Dose, the Relative Source Contribution and Bioaccumulation Factors. Scientific information must be received by EPA on or before March 22, 2004.

69 FR 3202: On January 22, 2004, EPA published a final rule clarifying the scope of certain monitoring requirements for federal and state operating permit programs (see article, this edition). The final rule becomes effective February 23, 2004.

69 FR 3581: On January 26, 2004, EPA published a notice announcing that it is sponsoring a two-day public symposium on recently published scientific research on the health effects of trichloroethylene. A preliminary program agenda can be found on the Internet at http://www.epa.gov/ncea/. The symposium will be held February 26, and 26, 2004 in Washington, D.C.

69 FR 3632: On January 26, 2004, the DOT published a final rule amending the requirements of the Not Attributed (HMR) on transportation of radioactive materials based on changes in the IAEA publication entitled, "IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material", 1996 Edition, No. TS-R-1 (see article, this edition). The final rule becomes effective October 1, 2003.

69 FR 3698: On January 26, 2004, the NRC published a final rule amending its regulations on packaging and transporting radioactive material (see article, this edition). The rulemaking will make the regulation compatible with the latest version of the IAEA standards and codify other applicable requirements. The final rule will become effective October 1, 2004.

69 FR 4455: On January 30, 2004, the Office of the Secretary of Transportation (OST) published a final rule implementing a rulemaking procedure that will expedite the processing of non-controversial changes to its regulations. The OST will publish rules that the Secretary judges to be noncontroversial and unlikely to result in adverse public comment as direct final rules. The direct final rule will become effective in a specified number of days after the date it is published in the FR if there are no adverse comments received. The rule also corrects the applicability section to remove reference to modal administrations that now have their own rulemaking procedures. The final rule becomes effective March 1, 2004.

69 FR 4510: On January 30, 2004, EPA published a notice announcing that it has forwarded an ICR on the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Off-site Waste and Recovery Operations to the OMB for review and approval. The ICR expires January 31, 2004. Comments on the ICR must be received by EPA on or before March 1, 2004.

69 FR 4514: On January 30, 2004, EPA published a notice announcing an external peer-review panel meeting to review the external review draft document entitled, "Toxicological Review of Dichlorobenzenes and Integrated Risk Information System (IRIS) Summary for 1,2 DCB, 1,3 DCB and 1,4 DCB". EPA will use the comments and recommendations from this panel to finalize the document. The meeting will be held February 12, 2004 in Cincinnati, Ohio. Comments on the document must be received by EPA on or before March 1, 2004.

69 FR 4463: On January 30, 2004, EPA published a notice announcing that it was extending the comment period on the Proposed Conditional Exclusions from Hazardous and Solid Waste For Solvent Contaminated Industrial Wipes from February 18, 2004 to March 19, 2004 (see briefly, this edition). Comments on the proposal must be received by EPA on or before that time.

WSR 04-01-115: On January 7, 2004, Ecology published a notice announcing that it will hold public hearing Wednesday, January 21, 2004 in the Ecology Headquarters Office in Lacey to discuss designating fine particulate maters areas in Washington State. Ecology is considering recommending that all areas of the state, except Yakima County, be designated "attainment/unclassified" based on 2000-2002 data. Comments on the recommendation were due to Ecology on January 21, 2004.

WSR 04-01-116: On January 7, 2004, Ecology published a preproposal statement of inquiry on a rulemaking to amend Chapter 173-224 WAC, Wastewater Discharge Permit Fees (see briefly, this edition).

WSR 04-02-067: On January 21, 2004, WDOH published a withdrawal of the proposed rule changes to Chapter 246-247 WAC, Radioactive Air Emissions that were filed June 21, 2003 (see briefly, this edition).

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