Hanford Environmental Report - January 14, 2000

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 22, Number 1 - January 14, 2000

From Olympia:

UPDATE OF ECOLOGY RULEMAKING

Dangerous Waste Regulation
On October 8, 1999, Ecology released a draft Dangerous Waste rule amendment for public review and comment. Some of the key changes Ecology is proposing include: adding hazardous waste lamps such as fluorescent, high-intensity discharge and neon lamps as a universal waste; amending the transporter requirements; adding new operational standards for transfer facilities; removing the exclusion of steel mill flue dust; incorporating certain federal regulations such as the recent land disposal restriction standards, military munitions rule, portions of the hazardous remediation waste management requirement and post-closure rule, subpart CC air emission standards and the used oil rule. Tony Miskho was the lead in coordinating and consolidating the site comments which DOE submitted to Ecology by the November 5, 1999, due date. Ecology intends to publish the proposed rule in the Washington State Register on January 19, 2000. The proposed rule can be viewed on Ecology's website at http://www.wa.gov/ecology/ecyhome.html.

EPA published its decision to grant Ecology final authorization on rules the agency adopted in December 1993, October 1995, and January 1998, in the Federal Register on October 12, 1999. The agency received no adverse comments so the authorization became effective January 11, 2000.
Toxic Air Pollutant New Source Review
Ecology is currently proposing several changes to the Toxic Air Pollutant rules including: consolidating the toxic air pollutant and criteria air pollutants new source review provisions into a new chapter; establishing de minimis levels for toxic air pollutants, clarifying applicability, updating and adding to the generic best available control technologies and updating the acceptable source impact levels (ASIL). Steve Cross, Ecology's lead on this rulemaking, has convened a committee of stakeholders which interacts primarily through email exchange to assist him in developing this rule. He has been working with the members on various issues over the last few months. Kirk Peterson, Rodger Woodruff and Marsha Beery are members of this committee. The rulemaking has been slowed as a result of the passage of I-695which has impacted Ecology's Air Program budget.
Model Toxics Control Act
Ecology published the proposed rule in the Washington State Register on November 17, 1999, for public review and comment. At the same time, they released the MTCA Proposed Rule Amendment Environmental Impact Statement, the Small Business Economic Impact Statement, and the Terrestrial Environmental Evaluation Pilot Study Report. Marsha Beery is the lead in coordinating and consolidating the sites comments and has forwarded these to DOE for review, approval and submittal to Ecology by the January 17, 2000 due date.
Water Quality Triennial Review
Ecology has completed the Antidegradation Implementation Plan as mandated by the Clean Water Act, which requires states to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters." This Plan establishes a process for protecting and improving water quality for public use and survival of aquatic species. Ecology is currently working on rulemaking to restructure the Surface Water Quality Standards to a Use-Based format. This will change the current system in which Ecology assigns waters to classes that have lists of beneficial uses to a system where Ecology would assign water bodies individual beneficial uses independently of each other. As part of this process, Ecology is taking an intensive look at the criteria used to represent whether or not certain uses are being protected. Mark Hicks, Ecology's lead on this rulemaking, has prepared technical papers on temperature, freshwater dissolved oxygen, bacteria, and irrigation criteria which will be used as background information for this restructuring. Ecology has also completed a case study of the Columbia River Basin Irrigation project which demonstrates how uses assigned to waters may change. A similar case study will be done on basins throughout the state to get a range of situations on restructuring to the new Use-Based format. Ecology anticipates that this case study will be completed by March 2000.

For more information on these rulemakings, email or call Marsha A_Beery@rl.gov of Fluor Hanford, Inc.'s Olympia Office at (360) 709-0664.

ECOLOGY EXTENDS COMMENT PERIOD ON STORMWATER MANAGEMENT MANUAL

Ecology recently released a five-volume document entitled, "Stormwater Management Manual (Manual)." This Manual provides guidance to assist municipalities, industries and construction companies in managing stormwater and preventing water pollution. The five volumes include:

Volume I - Minimum Technical Requirements
Volume II - Construction Stormwater Pollution Prevention
Volume III - Hydrologic Analysis
Volume IV - Source Control Best Management Practices (BMP's)
Volume V - Runoff Treatment BMP's

Ecology has been conducting workshops in cities throughout the state, including Kennewick, Spokane, and Yakima, over the last couple of months to solicit public comment. As a result of concerns expressed at the workshops, Ecology has decided to extend the public comment period on the Manual to February 15, 2000. Prior to finalizing the Manual, Ecology will publish a final review draft and hold public meetings. They plan to complete the revisions to the Manual by the end of June 2000.

THE DEPARTMENT OF HEALTH (DOH) REVIEWS THE RADIATION PROECTION AIR EMISSION RULES

On November 1, 1999, DOH announced that it was evaluating, Chapter 246-247 WAC, the radiation protection air emissions rules, in keeping with Governor Locke's Executive Order 97-02 on regulatory improvement that requires agencies to review their rules for need, reasonableness, clarity, effectiveness, and fairness. As part of this evaluation, DOH was soliciting comments from interested parties on a review agencies review and analysis of the rule the agency had completed. John Bates with Compliance Field Services is the lead in coordinating and consolidating the site comments which were submitted to DOH by the December 3, 1999, due date. DOH will be evaluating comments that they receive on this rule over the next few months and determine whether or not to repeal, revise, or leave the rule alone. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford, Inc.'s Olympia Office at (360) 709-0664.

*FEDERAL/STATE*
	*REGISTER REVIEW*

64 FR 67450: On December 1, 1999, EPA published a final rule amending the drinking water regulations that were published as proposed regulations in the Federal Register on July 31, 1998, September 3, 1998, and January 14, 1999. The final rule authorizes the use of updated versions of 25 American Society for Testing and Materials, 54 Standard Methods for Examination of Water and Wastewater and 13 Environmental Protection Agency analytical methods for compliance determinations of chemical contaminants in drinking water. EPA is also withdrawing approval of the previous versions of the 13 EPA Methods. The final rule became effective on January 3, 2000.

64 FR 67566: On December 2, 1999, EPA published a notice announcing that it had forwarded an Information Collection Request on Spill Prevention, Control and Countermeasure Plans to the Office of Management and Budget for review and approval. Comments must be received by EPA on January 3, 2000.

64 FR 68039: On December 6, 1999, EPA published an expanded list of acceptable substitutes for ozone-depleting substances under the Significant New Alternatives Policy program. The list includes acceptable substitutes for Class I and II substances in the refrigeration and air conditioning, foam blowing, solvent cleaning and aerosol sectors. The expanded list became effective December 6, 1999.

64 FR 68546: On December 7, 1999, EPA published a final rule amending the Class V Underground Injection Control regulations. The rule adds new requirements for two categories of Class V wells including existing motor vehicle waste disposal wells in ground water protection areas, new motor vehicle waste disposal wells and new and existing large-capacity cesspools, to ensure protection of underground drinking water sources. EPA is also postponing finalization of new requirements for the industrial well category pending further study and will finalize the rule for these types of wells at a later date. The final rule will become effective April 5, 2000.

64 FR 68659: On December 8, 1999, EPA published a notice to reopen the comment period for 64 FR 57424 (published October 25, 1999) that rescinded the findings EPA made that the 1-hour national ambient air quality standard for ozone no longer applies in certain areas. EPA is reopening the comment period to January 3, 2000. Comments must be received by EPA on or before January 3, 2000.

64 FR 68661: On December 8, 1999, EPA published a notice announcing that documents applicable to characterization of transuranic radioactive waste at Hanford proposed for disposal at the Waste Isolation Pilot Plant are available for public review and comment. Comments must be received by EPA on or before January 7, 2000.

64 FR 68722: On December 8, 1999, EPA published a final rule that expands the existing National Pollution Discharge Elimination System (NPDES) Phase I storm water program to address storm water discharges from small municipal separate storm sewer systems and construction sites that disturb one to five acres. The final rule becomes effective February 7, 2000.

64 FR 68852: On December 8, 1999, EPA published a notice announcing that the Report to Congress on the Phase II Storm Water Regulations (Report) was available for public review and comment. The Report can be viewed on the Internet at http://www.epa.gov/owm/sw/phase2. Comments must be received by EPA on or before January 7, 2000.

64 FR 69358: On December 10, 1999, EPA published a notice announcing that data on the disposal of polychlorinated byphenyls was available. EPA is also soliciting additional information on the potential risks of exposure to PCBs and the use and concentration of PCBs found in certain non-liquid PCB applications. EPA is asking that data submission be received by the agency on or before April 10, 2000. Comments on the data received will end July 7, 2000.

64 FR 69530: On December 13, 1999, EPA published a notice announcing that the final report entitled, "Summary of the U.S. EPA Workshop on the Relationship Between Exposure Duration and Toxicity," was available. The report discusses the current understanding of dose-duration relationships, the approaches that can be used in their modeling, the inclusion of these relationships in risk assessment, and future directions in this area. Copies of the report can be ordered from EPA's National Service Center for Environmental Publications at 1 (800) 490-9198.

64 FR 69637: On December 14, 1999, EPA published a final rule which allows permitting authorities the discretion to defer Clean Air Act Title V operating permit requirements until December 9, 2004, for area sources of air pollution that are subject to five NESHAPs. Sources, however, must continue to meet all applicable requirements established by the respective NESHAPS. The final rule becomes effective December 14, 1999.

64 FR 71367: On December 21, 1999, EPA published a notice to announce it was extending the comment period for the proposed radon in drinking water rule published in the Federal Register on November 2, 1999 (64 FR 59246). EPA is proposing a Maximum Contaminant Level Goal and National Primary Drinking Water rule for radon-222 in public drinking water. The comment period has been extended to February 4, 2000. Comments must be received by EPA on or before February 4, 2000.

64 FR 71614: On December 21, 1999, EPA published interim guidance on the federally permitted release exemption to section 103 of CERCLA and section 304 of the Emergency Planning and Community Right-to-Know Act. The interim guidance discusses EPA's interpretation of the federally permitted release exemption as it applies to some air emissions. Comments must be received by EPA on or before February 22, 2000.

64 FR 72657: On December 28, 1999, EPA published a notice announcing that the ICR on Toxic Chemical Release Reporting was forwarded to OMB for review and approval. Comments must be received by EPA on or before January 27, 2000.

64 FR 72972: On December 29, 1999, EPA published a proposed rule to consolidate its Good Laboratory Practice Standards (GLPs) which are currently found in two separate rules in 40 CFR Part 160 and 40 CFR Part 792. EPA is also proposing amendments that will streamline and ease compliance with the GLPS. Comments on the proposed rule must be received by EPA on or before March 29, 2000.

WSR 99-23-101: On December 1, 1999, Ecology published a final rule which will guide creation and operation of county water conservancy boards. The legislature authorized conservancy boards under Chapter 90.08 RCW allowing counties to establish boards to process applications to change existing water rights subject to Ecology approval. The final rule became effective December 17, 1999.

WSR 99-24-117: On December 15, 1999, Ecology published a final rule amending Chapter 173-230 WAC to establish minimum standards for obtaining and maintaining a wastewater operator certificate. The final rule became effective January 1, 2000.

WSR 99-24-091: On December 15, 1999, Ecology published the Commercial Low-Level Radioactive Waste Site Use Permit Fees in accordance with Chapter 173-326 WAC. The site Use Permit Fees are for the period March 1, 2000 to February 28, 2001. The annual base fee, 1x, has been set at $400.

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Last Updated: January 12, 2000