Hanford Environmental Report - January 12, 2001

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 23, Number 1 - January 12, 2001

From Washington D.C.:

EPA ISSUES FINAL RULE ON RADIONUCLIDES IN DRINKING WATER

On December 7, 2001, EPA published a final rule (65 FR 76708) in the Federal Register establishing maximum contaminant levels goals, maximum contaminant levels (MCL)s, and monitoring, reporting and public notification requirements for radionuclides in community drinking water systems under the National Primary Drinking Water regulation. The final rule includes:

Requirements for uranium, which is not currently regulated;
Revisions to the monitoring requirements for combined radium-226 and radium-228; and
Revisions to the monitoring requirements for beta particle and photon radioactivity.

EPA is retaining the current MCL for combined radium-226/-228, the gross alpha particle radioactivity, and the beta particle and photon radioactivity in the final rule; however, the Agency intends to review the beta particle and photon radioactivity in the near future to further evaluate the various risk management issues. The final rule is applicable to community water systems, either privately or publicly owned, that provide water to an average of at least 25 people year-round or provide water for human consumption to at least 15 service connections. The final rule will become effective December 8, 2003. Wayne Toebe with Compliance Field Services is currently reviewing the final rule to determine how it will impact Hanford. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford at (509) 372-2359.

EPA OPENS A 90-DAY PUBLIC COMMENT PERIOD ON THE OPERATING PERMIT PROGRAM

On December 11, 2000, EPA published a notice (65 FR 77376) in the Federal Register announcing that a 90-day comment period had begun for the public to identify deficiencies in State and local agency operating permit programs under Title V of the Clean Air Act (CAA). EPA is taking this action as a result of litigation with the Sierra Club and the New York Public Interest Research Group (NYPIRG). The Sierra Club and NYPIRG is challenging EPA in the District of Columbia Circuit Court of Appeals over the Agency's recent extension, until December 1, 2001, of the interim approval period for 86 operating permit programs. These two groups have raised concerns that many State and local programs, with either interim or full approval, have program deficiencies and/or implementation problems. In order to address these concerns, EPA has opened the public comment period.

EPA has indicated in the public comment notice that the public can comment on deficiencies they see in either the substance of the approved program or in how a permitting authority is implementing its program. After reviewing the comments, EPA will issue a notice of deficiency (NOD) discussing the shortcomings in an operating permit program and include a timeframe for correcting the deficiency. By law the deficiencies must be corrected within 2 years. For deficiencies that EPA does not agree with, the Agency will publish a notice explaining its reasons for not making a finding of deficiency. EPA will be publishing NODs for deficiencies identified for programs that have not been granted full approval as of December 11, 2000, as well as alleged deficiencies that EPA does not agree with by December 1, 2001. For the programs that have been granted full approval as of December 11, 2000, EPA will publish NODs by April 1, 2002, along with the deficiencies they do not agree with. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford at (509) 372-2359.

EPA DEFERS PHASE IV STANDARDS FOR PCB'S AS A CONSTITUENT SUBJECT TO TREATMENT IN SOIL

On December 26, 2000, EPA published a final rule (65 FR 81373) in the Federal Register temporarily deferring a portion of the Land Disposal Restrictions (LDR) rule applicable to constituents subject to treatment (CST) in soils contaminated with certain characteristic hazardous wastes. In particular, EPA is temporarily deferring the requirement that polychlorinated biphenyls (PCBs) be treated as a CST in toxicity characteristic (TC) soils containing metals. EPA is taking this action since generators have complained that the requirement is discouraging them from cleaning up PCB contaminated soils primarily because combustion technology that is often necessary to treat the waste is expensive or not available. Generators have also commented to EPA that there is limited effective non-combustion treatment available for PCBs and a lack of State authorization to implement the amended soil standards, thus causing PCBs to be retained as a CST without the option of treating them to 10 times the Universal Treatment Standards or 90 percent reduction from the initial concentration. Because of these concerns, EPA feels it's appropriate to temporarily defer the PCB requirements while it investigates how to integrate RCRA LDR PCB cleanup standards with CERCLA cleanups, RCRA corrective actions or closures, and the Toxic Substances Control Act (TSCA) requirements.

EPA will continue to require generators to treat metal-contaminated soils to meet LDR standards for all hazardous constituents except PCBs. Also, RCRA addresses PCBs in soil under the California List provision (Section 3004(d)(2)(E)) which prohibits land disposal of hazardous wastes that contain halogenated organic compounds at concentrations equal to or exceeding 1000 parts per million (ppm). In absence of the Phase IV PCB standards, the 1000 ppm statutory level would be the upper bound of PCBs that could be in contaminated soils without triggering LDR treatment requirements. The temporary deferral will only affect soils exhibiting the TC for metals and containing PCBs in concentrations between 100 ppm and a maximum of 1000 ppm. The final rule became effective December 26, 2000. Wayne Toebe with Compliance Field Services is currently evaluating how this final rule impacts Hanford. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford at (509) 372-2359.

Notice:

Ecology will be holding various workshops throughout the state to discuss the Surface Water Quality Standards amendments, the new proposed Water Rights Administration rule and management of dangerous wastes. The workshops will be held as follows:

Surface Water Quality Standards Amendments. Ecology will be discussing the new criteria for temperature, dissolved oxygen and bacteria, the water quality degradation plan, and the new use-based structure. Workshops will be held in various cities throughout the state including Kennewick on January 17, 2001, at the Benton County Public Utility District Auditorium, 2721 West 10th Avenue from 6:30 pm to 8:30 pm. Information on the surface water quality standards changes can be obtained from the Internet at http://www.ecy.wa.gov/programs/wq/swqa/index.html.
Proposed Water Rights Administration Rule. Ecology is seeking public input on changes that need to be made to improve clarity, provide guidance, and make the rule consistent. Workshops will be held in various cities throughout the state including Kennewick on January 10, 2001, at Ecology's Kennewick Office, 1315 West 4th Avenue, at 1:30 pm. Information on the workshops can be obtained from the Internet at http://www.ecy.wa.gov/programs/wr/wrhome.html.
Dangerous Waste Management Workshops. Ecology will be discussing how facilities can properly minimize, manage, and dispose of hazardous wastes. Workshops are being held in various cities throughout the state including Spokane on January 30, 2001, at the Shilo Inn, 923 East 3rd Avenue, from 8:30 am to 4:30 pm; and in Yakima on February 1, 2001, at the Double Tree Hotel, Selah, in the Wapato Rooms from 8:30 am to 4:30 pm. The cost of the workshop is $40. Registration forms and more information on the workshops can be obtained from the Internet at http://www.ecy.wa.gov/programs/hwtr/workshops/index.html.

Briefly:

On December 27, 2000, EPA published the final Policy on Alternative Dispute Resolution (ADR) in the Federal Register (65 FR 81858). The policy is intended to be used by EPA for internal Agency disagreements as well as external conflicts. ADR involves the use of a third party in resolving conflict and employs techniques such as conciliation, facilitation, mediation, fact-finding, mini-trials, arbitration, and the use of omsbuds or any combination of these. EPA encourages the use of ADR for adjudications, rulemaking, policy development, administrative and civil judicial enforcement actions, permit issuance, protests of contract awards, administration of contracts and grants, stakeholder involvement, negotiations, and litigation. The final policy becomes effective immediately.
On December 28, 2000, EPA published its draft 2000 Public Involvement Policy in the Federal Register (65 FR 82335) and began a 120-day public comment period. The draft policy was updated from the previous policy issued in 1981 and reflects changes in Agency responsibilities, new regulations, expanded public involvement techniques, and the changes as a result of public access to the Internet. The policy will provide guidance and direction to EPA on effective means to involve the public in regulatory and program decisions. The draft policy can be viewed on the Internet at http://www.epa.gov/stakeholders. Comments on the draft policy must be received by EPA on or before April 27, 2001.
On December 18, 2000, EPA published a notice (65 FR 78977) in the Federal Register expanding the list of acceptable substitutes for ozone-depleting substances under the Significant New Alternatives Policy (SNAP) program. The substitutes are for refrigeration and air conditioning, foams, non-aerosol solvent cleaning, and aerosol solvents and propellants. EPA is requesting information on the composition and safety of certain refrigerants from motor vehicle air conditioners and the possible expansion of the SNAP program to include review of, and possibly establish use conditions for, operations that involve hand cleaning with solvents for precision, electronics, and metals cleaning. The list expansion became effective December 18, 2000.

*FEDERAL/STATE*
	*REGISTER REVIEW*

65 FR 75696: On December 4, 2000, EPA published a notice announcing that it was forwarding an Information Collection Request (ICR) on Record Keeping and Periodic Reporting of Production, Import, Recycling, Destruction, Transshipment and Feedstock Use of Ozone-Depleting Substances to the Office of Management and Budget (OMB) for review and approval. Comments on the ICR must be received by EPA on or before January 3, 2001.

65 FR 75699: On December 4, 2000, EPA published a notice announcing that it was soliciting comments on several issues related to the Total Maximum Daily Loads (TMDL) program including the State resources required to develop and implement the TMDLs, estimated costs to the regulated community, and the estimated costs to small businesses resulting from regulatory changes to the TMDL program. Comments on the TMDL issues must be received by EPA on or before January 3, 2001.

65 FR 75930: On December 5, 2000, EPA published a notice announcing that it was forwarding an ICR on Notification of Episodic Releases of Oil and Hazardous Substances to OMB for review and approval. Comments on the ICR must be received by EPA on or before February 5, 2001.

65 FR 76708: On December 7, 2000, EPA published a final rule establishing MCL goals, MCLs, and monitoring, reporting and public notification requirements for radionuclides in community water supply systems (see article, this edition). The final rule will become effective December 8, 2003.

65 FR 77375: On December 11, 2000, EPA published a notice announcing that it was forwarding an ICR on Measuring Success of EPA Compliance Assistance to OMB for review and approval. Comments on the ICR must be received by EPA on or before January 10, 2001.

65 FR 77376: On December 11, 2000, EPA published a notice announcing a 90-day comment period for the public to identify deficiencies in State and local agency operating permit programs (see article, this edition). Comments on the deficiencies must be received by EPA on or before March 12, 2001.

65 FR 77544: On December 12, 2000, EPA published a notice announcing that it was reopening the public comment period on EPA's notice of proposed rulemaking, "CAA Reclassification, Wallula , Washington Particulate Matter (PM10) Nonattainment Area," published in the Federal Register on November 16, 2000 (65 FR 69275). Comments on the proposed rulemaking must be received by EPA on or before December 27, 2000.

65 FR 77866: On December 13, 2000, EPA published a notice announcing that the National Advisory Committee for Acute Exposure Guideline Levels (AEGLs) for Hazardous Substances has developed AEGL values and Executive Summaries for seven chemicals for public review and comment. The seven chemicals include phosgene, isobutyronitrile, propionitrile, methacrylonitrile, chlorine trifluoride, ethylenimine, and propylenimine. Comments must be received by EPA on or before January 12, 2000.

65 FR 78977: On December 18, 2000, EPA published a notice announcing that it was expanding the list of acceptable substitutes for ozone-depleting substances under the Significant New Alternatives Policy (SNAP) program (see briefly, this edition). The list of acceptable substitutes became effective December 18, 2000.

65 FR 79364: On December 19, 2000, EPA published a notice re-opening and extending the comment period on the draft EPA Guidelines for Management of Onsite/Decentralized Wastewater Systems and Guidance Manual Outline. Comments on the draft guidelines and guidance manual must be received by EPA on or before January 19, 2001.

65 FR 79791: On December 20, 2000, EPA published a proposed rule amending rules on the interim approval of State and local operating permit programs. Currently, the regulation allows EPA to extend the expiration dates of interim approvals two years beyond the date the permit was originally granted. The proposed rule amendment would remove this provision. Comments on the amendments must be received by EPA on or before January 19, 2001.

65 FR 80394: On December 21, 2000, EPA published an advanced notice of proposed rulemaking revising the rule on the handling of confidential business information. EPA is planning to revise the rule to reflect current case law and recent technological developments. EPA is also withdrawing the proposed rule published in the Federal Register on November 23, 1994 (65 FR 60445).

65 FR 81242: On December 22, 2000, EPA published a final rule establishing effluent limitations guidelines and standards for wastewater discharges from the centralized waste treatment facility. The final rule is applicable to wastewater discharges of new and existing centralized waste treatment facilities which accept hazardous or non-hazardous industrial wastes, wastewater, and/or used material from off-site for treatment of the wastes and/or recovery of materials from the waste. The final rule amends EPA's Guidelines Establishing Test Procedures for the Analysis of Pollutants to add 10 semivolatile organic pollutants to Method 625 and 6 semivolatile organic pollutants to Method 1625. The final rule becomes effective on January 22, 2001.

65 FR 81373: On December 26, 2000, EPA published a final rule temporarily deferring the requirement under the LDR that PCBs be considered a constituent subject to treatment when they are present in soils that exhibit the toxicity characteristic for metals (see article, this edition). The final rule became effective December 26, 2000.

65 FR 81858: On December 27, 2000, EPA published its final policy on the use of ADR (see briefly, this edition). The policy became effective immediately.

65 FR 82355: On December 28, 2000, EPA published revisions to the 1981 Public Participation Policy (see briefly, this edition). Comments on the draft policy must be received by EPA on or before April 27, 2001.

WSR 00-23-054: On December 6, 2000, Ecology published a pre-proposal statement of inquiry to expand the proposed rule published in the Washington State Register on April 21, 1999, revising Chapter 173-400 WAC, General Regulations for Air Pollution Sources. Ecology is expanding the proposed rule to adopt federal requirements for new source performance standards and the air toxics rule. Ecology is also proposing to include requirements for certain existing municipal solid waste landfills to obtain an air operating permit. Comments on the proposed rule can be submitted to Ecology, however, the Agency provided no comment due date.

WSR 00-23-104: On December 6, 2000, Ecology published a final rule amending Chapter 173-400 WAC, General Regulations for Air Pollution Sources to correct typographical errors, clarify existing rule language, and ensure consistency with federal regulations. The final rule became effective December 21, 2000.

WSR 00-24-031: On December 20, 2000, Ecology published a final rule amending the Shoreline Master Program (SMP) guidelines that implement the Shoreline Management Act. Engrossed Substitute House Bill 1724 passed by the Legislature in 1995 required that Ecology update the guidelines. The amended SMP guidelines will become Chapter 173-26 and replace existing Chapter 173-16 WAC, which is being repealed. The final rule became effective December 29, 2000.

WSR 00-24-134: On December 20, 2000, Ecology published a final rule amending Chapter 173-60-070 to establish maximum noise levels permissible in identifiable environments and provide use standards for the reception of noise within such environments.

WSR 00-24-133: On December 20, 2000, Ecology published a notice of the site use permits fees for the Commercial Low-Level Radioactive Waste Disposal facility for March 1, 2001 to February 28, 2002.

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