Hanford Environmental Report

	Hanford Environmental Report
Dedicated to the Goal of 100% Environmental Compliance

Volume 20, Number 1 - January 9, 1998

From Washington D.C.:

EPA AMENDS STANDARDS FOR LAND DISPOSAL RESTRICTION TREATMENT VARIANCES

On December 5, EPA published final rule amendments (62 FR 64504) to provisions on treatment variances under the Land Disposal Restrictions (LDR) treatment standards. These amendments clarify EPA's intent on treatment variances in the final LDR rule published in the Federal Register on May 12, 1997 (62 FR 26059) and include the following changes to:

clarify the circumstances whereby treatment variances may be approved because the applicable LDR standard is inappropriate. These include circumstances: where imposing the best demonstrated available technology (BDAT) is technically possible but unsuitable or impractical from a technical standpoint; or where imposing BDAT could result in a net environmental detriment by discouraging aggressive remediation.
add language that explicitly requires the decision-maker to determine that a revised treatment standard is sufficient to minimize threats to human health and the environment which are posed by land disposal of the waste.

The Federal Register publication also includes responses to comments on the previous final rule, withdrawal of the Citgo Petroleum variance, and information on state authorization of this amendment. The final rule revisions became effective December 5, 1997. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Daniel Hanford, Inc. at (509) 372-2359.

EPA ISSUES AMENDMENTS TO THE FINAL SUBPART CC RULES

On December 8, EPA published amendments to the final RCRA Subpart CC rule, the Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers. This rule is intended to reduce organic air emissions from certain hazardous waste management activities. EPA originally published the final rule in December 1994 (59 FR 62896), but has since made several revisions because of stakeholder concerns (see article in the EWR, Volume 18, Number 3). The amendments include changes to sections on:

Applicability and definitions. EPA has revised this section to clarify that having an implementation plan in place by December 8, 1997 can serve as compliance with subpart CC rules if the upgrades could not be installed or in operation by then or if modifications of production or treatment processes to satisfy exemption criteria were not completed. EPA is also clarifying that units that became subject to the subpart CC requirements after December 8, 1997, must comply with the rules immediately.
General. EPA has revised this section to: clarify that the subpart CC air rules apply only to units managing a hazardous waste; clarify exemptions for surface impoundments used for biological treatment of hazardous waste and for wastes meeting the LDR treatment standards for organic hazardous constituents; clarify the relationship of the LDR exemption and treatment variances under the LDR program; and amend the treatment demonstration provision for valuing waste analysis results below the limit of detection for an analytical method.
Waste Determination Procedures. EPA has revised this section to clarify: its intent regarding the number of samples required for a waste determination; language on the facility owner or operator use of test methods or waste knowledge; and provisions on the waste determination requirements for treated wastes. It has also added language on valuing non-detect analytical results.
Standards: Tanks. EPA has revised this section to clarify provisions on: closure devises for Level 1 tanks; the use of enclosed combustion devices as control devices on Level 2 tanks; enclosure doors and other openings not evaluated as natural draft openings when hazardous waste is managed inside the enclosure; exempting tanks, surface impoundments, or containers from subpart CC requirements when hazardous waste in the unit meets the LDR treatment standards.
Standards: Surface Impoundments. EPA is adding an exemption to the closed system transfer requirements for hazardous wastes transferred to a surface impoundments that meet the LDR treatment standards.
Standards: Containers. EPA is clarifying the language on: container inspection requirements; venting of containers for worker safety; the Department of Transportation compliance demonstration option for containers; and use of Method 21 monitoring for containers that are required to have Level 2 controls.
Standards: Closed-Vent Systems and Control Devices. EPA is clarifying language on inspection and monitoring procedures and requirements for management of spent carbon.

These amendments affect only those units at Hanford that contain or receive hazardous waste. The final rule also provides clarification to subparts AA and BB of the RCRA air rules. It became effective December 8, 1997. Fluor Daniel Hanford's Environmental Protection is currently determining how these amendments impact Hanford. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Daniel Hanford, Inc. at (509) 372-2359.

From Olympia:

UPDATE OF ECOLOGY DANGEROUS WASTE, AIR QUALITY, WATER QUALITY AND MTCA RULEMAKINGS

Ecology is currently working on amendments to the Dangerous Waste, Water Quality and MTCA rules. The following is an update of these rulemakings:

Dangerous Waste Rules: On August 20, 1997, Ecology published the proposed amendments to Chapter 173-303 WAC, the Dangerous Waste (DW) rule, in the Washington State Register (WSR) (WSR 97-16-074) for public review and comment. At the same time, they also released proposed amendments to the Chemical Test Methods (CTM) for public review and comment. Comments on both of these proposed documents were due October 2, 1997. Public hearings were held in Spokane on September 10, in Pasco on September 11, and in Seattle on September 17. Tony Miskho, [(509) 376-7313; email: Anthony_G_Miskho@rl.gov] with Fluor Daniel Hanford, Inc coordinated comments for Hanford.
Ecology has made changes to the proposed rule based on public comment and will adopt the final amended rule on January 8, 1998. At the same time the rule is adopted, Ecology will release the responsiveness summary for both the DW rule amendments and the CTM. The final amended rule will be published in the WSR in late January 1998.

New Source Review Rule: On August 6, 1997, Ecology published the proposed amendments to the New Source Review (NSR) provisions of Chapter 173-400 WAC, General Regulations for Air Pollution Sources, in the WSR (WSR 97-15-071). Public hearings were held on August 26 in Vancouver, on August 27 in Bellevue, and on August 28 in Spokane. Comment on the proposed rule were due September 5, 1997. John Bates, [(509) 376-2088; email: John_A_Bates@rl.gov] with Fluor Daniel Hanford, Inc coordinated comments for Hanford. Ecology subsequently revised the proposed rule in response to public comment and adopted the final rule changes on December 19, 1997. These final rule amendments will appear in the WSR in early January 1998. The responsiveness summary is currently being printed and should be available for distribution by mid-January 1998.

Water Quality Rule: On June 18, 1997, Ecology published a proposed amendments to Chapter 173-201A WAC, the Surface Water Quality Standards for Washington. These amendments were part of Ecology's triennial review process which began in 1994 and included changes to the lake nutrient criteria, short-term modifications, wetlands definitions, and toxic substances. Ecology held public hearings on July 8 in Lacey and on July 10 in Spokane. The comment due date was July 18, 1997. Jay Kapadia, [(509) 373-4932; email: Jay_J_Kapadia@rl.gov] with Fluor Daniel Hanford, Inc coordinated comments for Hanford. Ecology adopted the final amended rule on November 18, 1997 and published it in the Washington State Register (WSR 97-23-064) on December 3, 1997. The final rule became effective on December 19, 1997. The responsiveness summary has been released.
Also, as part of the triennial review process, Ecology will be clarifying the antidegradation policy implementation plan and changing the water quality standards to a use-based structure. Ecology is currently preparing draft antidegradation policy implementation plan procedures that will be available for public review and comment in early February 1998. Also, at this same time, Ecology is preparing white papers on temperature, bacteria, irrigation and domestic water supplies and clean sediments on the use-based structure which will be available for public review and comment in early February. Ecology intends to have two rounds of public workshops, one will be in late February 1998 and the other will be scheduled later in the year.

Model Toxic Control Act Rule: Ecology is continuing its rulemaking on the amendments to the MTCA rules. A number of draft rules have been reviewed by the MTCA Advisory Committee members specifically in the areas of site specific risk assessment, ecological cleanup levels, remedy selection, cleanup actions levels, points of compliance, enhanced technical assistance, institutional controls and area wide contamination. Ecology intends to have a final draft of the entire amended rule available by late-January 1998.
Pam Doctor and Ken Gano with Bechtel Hanford Inc. are members of the Ecological Risk Subcommittee and have been working with Ecology on concerns they have with the wildlife exposure model as proposed in the draft ecological-risk rule. As a result of these concerns, they have prepared a white paper, "Evaluation of the Washington State Department of Ecology's Wildlife Exposure Models for Hanford", which will be submitted to Ecology for its use in determining whether or not the proposed wildlife exposure model is appropriate for Hanford. This paper is currently being reviewed by BHI and DOE and will be submitted to Ecology soon.

For more information, email or call Marsha_A_Beery@rl.gov of Fluor Daniel Hanford, Inc. Olympia Office at (360) 709-0664.

Notice:

Ecology recently released the following documents:

The Concise Explanatory Statement (Responsiveness Summary) for Adoption of Chapter 173-201A WAC, Water Quality Standards for Surface Waters of Washington. This responsiveness summary contains Ecology's answers to public comment on lake nutrient criteria, wetlands language, toxics criteria, and short-term modifications. For a copy, email or call Marsha_A_Beery@rl.gov of Fluor Daniel Hanford, Inc. Olympia Office at (360) 709-0664 or Rhonda_J_Roni_Swan@.rl.gov of Fluor Daniel Hanford, Inc. at (509) 376-0967.
The Environmental Excellence Program Agreements Principles (EEPAP). These principles are Ecology's interpretation of Engrossed Second Substitute House Bill 1866 that was passed is the 1997 legislative session. This Bill created the opportunity for state, local and regional governments to explore more flexible approaches to environmental and resource protection. A copy of the EEPAP can be downloaded from the Internet at http://www.wa.gov/ecology/swfa/eepa/Prin.htm.
The Environmental Performance Partnership Agreement (EPPA). The EPPA identifies Ecology's and EPA's mutual goals and activities for the air quality, RCRA, surface and ground water quality management, watershed and aquatic habitat protection and enforcement and compliance programs for the 1998 state fiscal year. The EPPA can be downloaded from the Internet at http://www.wa.gov/ecology/ppa.html.

On December 30, 1997, the Department of Health released its Final Interim Regulatory Guidance for Radiological Cleanup at Hanford which replaces the draft interim guidance released March 1, 1996. This document provides guidance on how the DOH would implement a dose-based cleanup standard when Hanford is released for public use. For a copy, email or call Marsha_A_Beery@rl.gov of Fluor Daniel Hanford, Inc. Olympia Office at (360) 709-0664.

*FEDERAL/STATE*
	*REGISTER REVIEW*

Note: For electronic copies of Federal Register (FR) items or hard copies of Washington State Register (WSR) items listed here, email or call JoAnn_A_ McCoy@rl.gov of Waste Management Federal Services of Hanford, Inc. at (509) 372-3596.

62 FR 64504: On December 5, EPA published its final rule amending treatment variances from the LDR treatment standards (see article this edition). The rule became effective December 5, 1997. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Daniel Hanford, Inc. at (509) 372-2359.

62 FR 64588: On December 8, EPA published a notice announcing that a directive clarifying its policy on Monitored Natural Attenuation for contaminated soil and groundwater remediation at sites regulated under CERCLA, RCRA, the Underground Storage Tank, and Federal Facilities Restoration and Reuse programs is available. The purpose of the directive is provide consistent direction in how monitored natural attenuation remedies are proposed, evaluated, and approved. A copy of the directive can be downloaded from the Internet at http://www.epa.gov/swerustl/directiv/d9200417.htm.

62 FR 64636: On December 8, EPA published its final amended rule for reducing organic air emissions from certain hazardous waste activities (see article this edition). The original rule was published in the Federal Register on December 6, 1994 and has been amended several times. The final rule amendments became effective on December 8, 1997.

62 FR 64795: On December 9, EPA published its proposed rule to revoke 12 substances under the significant new use rules of section 5(a)(2) of the Toxic Substances Control Act (TSCA). EPA is proposing to revoke these new use rules as a result of new data that has come to their attention. Comments of this action must be received in EPA by January 1, 1998.

62 FR 65254: On December 11, DOE published a notice requesting that the "Hanford Site Solid Waste Program Environmental Impact Statement (EIS) Richland Washington" public scoping period be extended. Comments on the scope of the EIS must be received in DOE by January 30, 1998.

62 FR 66898: On December 22, DOT published its final rule to reinstate regulatory text that was removed from a September 2, 1997 direct final rule. DOT is reinstating the radiation protection program requirements issued on September 28, 1995. It is also publishing a notice of proposed rulemaking in another section of this same federal register soliciting further comments on the need to revise or remove these requirements. The final rule became effective September 30, 1997.

62 FR 66900: On December 22, DOE published a notice announcing that it was extending the date for mandatory compliance with the Radiation Protection Program requirements to October 1, 1999. Also, in another section of this same federal register, DOT is proposing to withdraw or revise the Hazardous Waste Regulations in response to public comment. The extension was effective on December 22, 1997.

62 FR 66903: On December 22, DOT published its proposed rule to withdraw or amend the radiation protection program provisions of subpart I of 49 CFR Part 172 of the Hazardous Materials Transportation Regulations. The purpose of this action is to address issues raised as a result of public comments on implementation of and compliance with the requirements of this program. Comments on this action must be received in EPA by February 13, 1998.

62 FR 67036: On December 24, EPA published its amendment to the proposed rule (61 FR 33178, June 26, 1996) under section 4(a) of the TSCA that requires manufacturers and processors to test hazardous air pollutants specified in the proposed rule for certain health effects. Under this amendment, EPA would require that testing be conducted using 11 TSCA health effects guidelines issued by EPA on August 15, 1997 (62 FR 43820) rather than the 11 draft test guidelines cross-referenced in the June 26, 1996 proposed rule. Comments on this action must be received in EPA by February 9, 1998.

WSR 97-23-021: On December 3, Ecology published a notice announcing that it was extending the adoption date for Chapter 173-400-110, the NSR provisions of the General Air Regulations from November 21, 1997 to December 19, 1997.

WSR 97-23-064: On December 3, Ecology published its final rule amending Chapter 173-201A WAC, Surface Water Quality Standards. This action amends sections on lake nutrient criteria, short-term modifications, wetlands definitions, and toxic substances. The final rule became effective December 19, 1997.

WSR 97-23-078: On December 3, Ecology published a notice announcing that it is extending the comments period and adoption date for its proposed rule to modify the existing general stormwater permit for construction activities issued on November 18, 1995. Ecology is extending the comment period and adoption date as a result of public comment.

WSR 97-24-113: On December 17, Ecology published a notice announcing that it had issued a wastewater discharge general permit for water treatment plants on December 3, 1997. The purpose of the permit is to control discharges of pollutants from water treatment plants into state waters. The application for coverage, permit, fact sheet, and response to comments can be downloaded from the Internet at: http://www.wa.gov/ecology/wq/wqpermit/. The terms of the permit may be appealed to the PCHB by January 16, 1998.

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URL: http://www.hanford.gov/pubs/envnews/jan1998.html
Last Updated: January 8, 1998