Privacy & Security Notice

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Environmental
Report
Dedicated to Environmental Compliance

Volume 25, Number 1 - January 11, 2003

From Washington, D.C.:

EPA APPROVES REVISIONS TO WASHINGTON'S AIR OPERATING PERMIT PROGRAM

On December 2, 2002, EPA published a final rule (67 FR 71479) in the Federal Register approving revisions to Washington State's Title V Air Operating Permit Program regulation. EPA had previously published a notice of deficiency (NOD) in the Federal Register on January 2, 2002, (67 FR 73) notifying Washington that the provisions on insignificant emission units (IEUs) in the state regulation did not meet the minimum Federal requirements for the air operating permit program approval. Ecology responded to the NOD by proposing revisions to the regulation on May 15, 2002. The final rule revisions were submitted to EPA on September 26, 2002, and include:

EPA's approval of Washington's air operating permit program applies to all State and local agencies that implement this program including the State Department of Ecology, Washington Energy Facility Site Evaluation Commission, Benton Clean Air Authority, Northwest Air Pollution Authority, the Olympic Regional Clean Air Authority, the Puget Sound Clean Air Agency; the Spokane County Air Pollution Control Authority, the Southwest Clean Air Agency; and the Yakima Regional Clean Air Authority. The final rule became effective January 2, 2003. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 or William_E_Jr_Green@rl.gov at (509) 376-0583.

EPA PUBLISHES PROPOSED RULE TO AMEND THE GENERAL NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS PROVISIONS

On December 9, 2002, EPA published a proposed rule (67 FR 72875) in the Federal Register amending the General Provisions of the National Emission Standards For Hazardous Air Pollutants (NESHAPs) and the requirements for Control Technology Determinations for Major Sources under the Clean Air Act (CAA) Sections 112(g) and 112(j). The proposed rule amendments include: establishment of a new timetable for the submission of Section 112(j) Part 2 applications which is derived from the timetable for promulgation of the remaining NESHAP; and changes to the General Provisions that establish general procedures for preparation, maintenance, and periodic revision of startup, shutdown, and malfunction plans.

EPA is proposing these amendments in compliance with a November 26, 2002, settlement of a lawsuit brought by the Sierra Club (Sierra Club v. EPA, D.C. Cir., No. 02-1135, settlement reached 11/26/02; 233 DEN AA-1, 12/4/02). The lawsuit challenged EPA's decision to extend the deadline for two years or until May 2004, for certain source categories to submit applications for state permits that would set maximum achievable control technology (MACT) standards for hazardous air emissions. Under the agreement, the proposed rule would set deadlines for 60 source categories to submit their applications for permits from May 15, 2003, to August 13, 2005. EPA is required to issue the final rule by April 27, 2003. The settlement agreement can be found on the Internet at http://www.epa.gov/airlinks/112j.html. Comments on the proposed rule must be received by EPA on or before January 20, 2003. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Compliance Services.

EPA PUBLISHES NOTICES ON INFORMATION COLLECTION REQUESTS FORWARDED TO THE OFFICE OF MANAGEMENT AND BUDGET FOR APPROVAL

EPA published several notices in the Federal Register on Information Collection Requests (ICRs) that it has forwarded or is planning to forward to the Office of Management and Budget (OMB) for review and approval. They include:

EPA believes it is necessary to continue collection of the information above in order to implement the regulations. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Compliance Services.

Notice:

Briefly:



FEDERAL/STATE
REGISTER REVIEW

67 FR 71479
On December 2, 2002, EPA published a final rule approving Washington's revisions to the insignificant air emissions provisions and other minor revisions its Title V Air Operating Permit program (see article, this edition). The final approval becomes effective January 2, 2003.
67 FR 71520
On December 2, 2002, EPA published a notice announcing that it was soliciting public comments on a new method for analyzing drinking water that was developed by CPI International called ColitagTM. EPA received additional information on this method during the public comment period on the proposed rule on Unregulated Contaminant Monitoring rule: Approval of Analytical Method for Aeromonas; National Primary and Secondary Drinking Water regulations; Approval of Analytical Methods for Chemical and Microbiological Contaminants rule and is soliciting public comment on this new information. Comments on the ColitagTM must be received by EPA on or before January 2, 2002.
67 FR 71925
On December 3, 2002, DOE published a notice announcing its interest in receiving grant applications to support the performance of innovative, fundamental research on characterization of TRU and mixed wastes that are currently stored at DOE sites or will be produced as part of DOE's environmental cleanup efforts. Formal applications must be received by DOE on or before March 4, 2003.
67 FR 71964
On December 3, 2002, EPA published a notice announcing that the document entitled, "Contaminated Sediment Remediation Guidance for Hazardous Waste Sites," was available for review and comment (see briefly, this edition). EPA intends to use the comments received to revise draft guidance or to assist with future EPA guidance on this topic. Comments on the guidance must be received by EPA on or before March 3, 2003.
67 FR 72168
On December 4, 2002, EPA published a notice announcing that an ICR on Toxics Release Inventory Form R was forwarded to the OMB for review and approval. Comments on the ICR must be received by EPA on or before January 3, 2003.
67 FR 72166
On December 4, 2002, EPA published a notice announcing that an ICR on Alternate Threshold for Low Annual Reportable Amounts, Toxic Chemical Release Reporting was forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before January 3, 2003.
67 FR 72173
On December 4, 2002, EPA published a notice announcing that a draft document entitled, "Generic Assessment Endpoints for Ecological Risk Assessments," was available for review and comment (see briefly, this edition). Comments must be received by EPA on or before February 3, 2003.
67 FR 72668
On December 6, 2002, EPA published a notice announcing that it was planning to submit an ICR on Notice of Intent for Stormwater Discharges Associated with Construction Activity to OMB for review and approval. Comments on the ICR must be received by EPA on or before February 4, 2003.
67 FR 72875
On December 9, 2002, EPA published a proposed rule amending the General Provisions for NESHAP rule and the rule establishing requirements for case-by-case determinations under the Clean Air Act Section 112(j) (see article, this edition). Comments on the proposed rule must be received by EPA on or before January 20, 2003.
67 FR 76174
On December 11, 2002, EPA published a notice announcing that it was designating a new equivalent method for measuring concentrations of particulate matter as PM10 in ambient air. The new equivalent method is the EQPM-1102-150, "Thermo Andersen Series FH 62 C14 Continuous PM10 Ambient Particulate Monitor."
67 FR 76400
On December 12, 2002, EPA published a notice announcing that it was planning to submit an ICR on Industry Detailed Questionnaire: Phase II Cooling Water Intake Structures to OMB for review and approval. Comments on the ICR must be received by EPA on or before February 10, 2003.
67 FR 77126
On December 16, 2002, the DOT published a notice announcing that the International Atomic Energy Agency is cosponsoring an International Conference on the Safe Transport of Radioactive Materials will be held July 7-11, 2003, in Vienna Austria. Information on the conference can be found on the Internet at http://www.iaea.org/ns/rasanet/programme/radiationsafety/transportsafety/2-detailed-info-on-tsu-prog.htm.
67 FR 77687
On December 19, 2002, EPA published technical corrections for the NESHAP for Hazardous Waste Combustors. The technical corrections regard three rules - (1) the Direct Final rule published on July 3, 2001, (2) an Interim Standards Rule published on February 13, 2002, and (3) a final Amendments Rule published on February 14, 2002.
67 FR 77927
On December 20, 2002, EPA published a notice of acceptability expanding the list of acceptable substitutes for ozone-depleting substances under EPA's Significant New Alternatives Policy program. The notice became effective December 20, 2002.
67 FR 77978
On December 20, 2002, EPA published a notice that it was forwarding an ICR on General Hazardous Waste Facility Standards to OMB for review and comment (see article, this edition.) Comments on the ICR must be received by EPA on or before January 21, 2003.
67 FR 78115
On December 20, 2002, EPA published proposed general permits for discharges from large and small construction activities (see briefly, this edition.) Comments on the proposed general permit must be received by EPA on or before February 3, 2003.
67 FR 78203
On December 23, 2002, EPA published a proposed rule revising the text that established the 10 parts per billion arsenic drinking water standard to express the standard as 0.010mg/L instead in order to clarify the implementation of the final rule. Comments on the proposed rule revision must be received by EPA on or before January 22, 2003.
67 FR 78446
On December 24, 2002, EPA published a notice announcing OMBs responses to EPA ICRs.
67 FR 78450
On December 24, 2002, EPA published a notice announcing that an ICR on NESHAP for Asbestos has been forwarded to OMB for review and approval (see article, this edition.) Comments on the ICR must be received by EPA on or before January 23, 2003.
67 FR 78454
On December 24, 2002, EPA published a notice announcing that an ICR on Emergency Planning and Release Notification Requirements under EPCRA Sections 304, 303, and 304 had been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before January 23, 2003.
67 FR 78947
On December 26, 2002, EPA published a direct final rule amending EPA's final rule on the NPDES for Cooling Water Intake Structures for New Facilities published December 18, 2001. The direct final rule becomes effective on March 26, 2003, unless adverse comments are received by January 27, 2003, at which time EPA will withdraw the rule. Elsewhere in this same Federal Register, EPA has published a proposed rule (67 FR 78956) to begin rulemaking in the event the direct final rule is withdrawn. Comments on the proposed rule must be received by EPA on or before January 27, 2003.
67 FR 79020
On December 27, 2002, EPA published a notice of proposed rulemaking to withdraw the final rule titled, "Revisions to the WQPM Rule and Revisions to the NPDES Program in Support of Revisions to the WQPM Rule," published in the Federal Register on July 13, 2000 (see briefly, this edition.) Comments on the proposed rule must be received by EPA on or before January 27, 2003.
67 FR 79091
On December 27, 2002, EPA published revisions of 15 of the national recommended water quality criteria for protecting human health pursuant to section 304(a) of the Clean Water Act (see briefly, this edition.) Comment on the revisions must be received by EPA on or before February 25, 2003.
67 FR 79459
On December 27, 2002, EPA published a notice of proposed rulemaking to stay its authority under 40 CFR Section 50.9(b) to determine that an area has attained the 1-hour standard and that the 1-hour standard no longer applies. The stay is the result of a Supreme Court decision on this subject. Comments on the proposed rulemaking must be received by EPA on or before January 27, 2003.
67 FR 79507
On December 27, 2002, EPA published a final rule allocating essential use allowances for import and production of class I stratospheric ozone depleting substances for calendar year 2003. The final rulemaking became effective December 27, 2002.
67 FR 79607
On December 30, 2002, EPA published a notice announcing that it was forwarding an ICR on Regional Haze Regulations to OMB for review and approval. Comments on the ICR must be received by EPA on or before January 29, 2003.
67 FR 79608
On December 30, 2002, EPA published a notice announcing that an ICR on National Waste Minimization Partnership Program has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before January 29, 2003.
67 FR 79609
On December 30, 2002, EPA published a notice announcing that an ICR on Ambient Air Quality Surveillance has been forwarded to OMB for review and approval (see article, this edition.) Comments on the ICR must be received by EPA on or before January 29, 2003.
67 FR 79861
On December 31, 2002, EPA published a final rule revising the accelerated phase out regulation on the production, import, export, transformation and destruction of substances that deplete the ozone layer under the CAA. The amendments reflect changes in U.S. reporting obligations under the Montreal Protocol due to a recent decision by countries that are Parties to the agreement. The final rule becomes effective January 30, 2003.
67 FR 79898
On December 31, 2002, EPA published an extension of the comment period on the approval of analytical methods for chemical and microbiological contaminants, additional information on the ColitagTM Method. The comment period has been extended to January 17, 2003.
67 FR 79906
On December 31, 2002, DOE published a record of decision on the proposed relocation of Technical Area 18 capabilities and materials at the Los Alamos National Laboratory.
67 FR 80185
On December 31, 2002, EPA published a final rule revising the regulations on the New Source Review (NSR) programs mandated by parts C and D of Title 1 of the CAA (see briefly, this edition.) The final rule becomes effective March 3, 2003.
67 FR 80290
On December 31, 2002, EPA published a proposed rule to revise the regulations on the New Source Review programs mandated by parts C and D of Title 1 of the CAA (see briefly, this edition.) Comments on the proposed rule revision must be received by EPA on or before March 3, 2003.
67 FR 80326
On December 31, 2002, EPA published a proposed rule revising the national ambient air quality standards for particulate matter. The action describes the number of collocated sites required within a reporting organization. Comments on the proposed rule must be received by EPA on or before March 3, 2003. Elsewhere in this same Federal Register, EPA has published a proposed rule to begin rulemaking in the event the direct final rule is withdrawn. Comments on the proposed rule must be received by EPA on or before March 3, 2003.
WSR 02-04-036
On December 18, 2002, Ecology published the commercial low-level radioactive waste site use permit fees for the period March 1, 2003, to February 29, 2004. The annual base fee 1x has been set at $424 (see briefly, this edition.)

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

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