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Hanford
Environmental Report |
| Dedicated to Environmental Compliance | |
Volume 25, Number 1 - January 11, 2003
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.
Ecology will be holding workshops and public hearings on the Water Quality Standards Revisions in January and February 2003. The workshops and hearings will be held in various cities throughout the state including Pasco on January 29, 2003, at Columbia Basin College at 6:00 p.m. for the workshop and 8:00 p.m. for the public hearing; and in Yakima on January 30, 2003, at Ecology's Central Regional Office at 6:00 p.m. for the workshop and 8:00 p.m. for the public hearing. The proposed changes to the water quality standards include: (1) changes to the existing criteria for temperature, dissolved oxygen, bacteria, and ammonia; (2) new criteria to protect char; (3) new criteria to protect agricultural water supplies; (4) new language on how to prevent degradation of water quality; (5) moving from a class-based system to a "use based system" for designating beneficial uses of fresh water; and (6) more clarity and detail on implementing the regulation. A copy of the proposed standards and accompanying information can be found on the Internet at http://www.ecy.wa.gov/programs/wq/swqs.
On December 3, 2002, EPA published a notice (67 FR 71964) in the Federal Register announcing that an Office of Solid Waste and Emergency Response (OSWER) draft document entitled, "Contaminated Sediment Remediation Guidance for Hazardous Waste Sites (OSWER 9355.0-85)" was available for review and comment. The draft guidance provides technical and policy guidance for project managers considering remedial response actions or non-time-critical removal actions under CERCLA and for addressing sediment contamination under RCRA. The draft guidance can be found on the Internet at http://www.epa.gov/superfund/resources/sediment/guidance.htm. Comments on the draft guidance must be received by EPA on or before March 3, 2003.
On December 4, 2002, EPA published a notice (67 FR 72173) in the Federal Register announcing that a draft guidance document entitled, "Generic Assessment Endpoints for Ecological Risk Assessments," is available for review and comment. The draft guidance is intended to assist EPA in selecting assessment endpoints as part of the ecological risk assessment process. The draft guidance can be found on the Internet at http://www.epa.gov/ncea/raf. Comments on the draft guidance must be received by EPA on or before February 3, 2003.
The National Toxicological Program (NTP) recently released the 10th Report on Carcinogens (Report) that added five substances or compounds including beryllium and beryllium compounds to the list of known carcinogens and 12 substances or groups of substances to the list of chemicals and chemical compounds reasonably anticipated to cause cancer in humans. The Public Health Service Act of 1978 requires the NTP to prepare the carcinogens report every two years. The Report can be found on the Internet at http://ntp-server.niehs.nih.gov/NewHomeRoc/AcoutRoC.html.
On December 13, 2002, the State of Washington and the Department of Energy reached an agreement that provides for shipment of out-of-state transuranic (TRU) waste to Hanford for temporary storage and for eventual transfer of waste already at the site to the Waste Isolation Pilot Plant (WIPP) in New Mexico. The agreement also provides for setting a schedule for cleanup of 31,000 barrels of mixed waste buried at Hanford. The schedule will become part of the Tri-Party Agreement on cleanup of Hanford [will be added to existing M(ilestone)-91.] The cleanup milestones are to be negotiated by March 1, 2003. In exchange, the State will not file a lawsuit against the federal government to stop shipment of 170 drums of TRU waste from Ohio and California to Hanford for temporary storage pending disposal at the WIPP in the future. Shipment of out-of-state wastes to Hanford will occur over the next eight months. The DOE will also issue a new draft environmental impact statement on disposal of hazardous and solid waste at Hanford.
On December 19, 2002, the OMB released a report containing recommendations from the public on how to address 316 different regulations and guidance documents and asked for the relevant agencies to respond to these recommendations by late February 2003. The recommendations are contained in a report entitled, "2002 Report to Congress on the Costs and Benefits of Federal Regulations." The report can be found on the Internet at http://www.whitehouse.gov/omb/inforeg/2002_report_to_congress.pdf.
On December 20, 2002, EPA published a notice (67 FR 78115) in the Federal Register proposing National Pollution Discharge Elimination System (NPDES) general permits for stormwater discharges from large and small construction activities in certain EPA Regions. The proposed general permit will replace the existing permit covering large construction sites in EPA Regions 1, 2, 3, 7, 8, 9, and 10 that expires February 17, 2003, the general permit covering large construction sites in Region 6 that expires July 6, 2003, and the general permit covering large construction sites in Region 5. The general permit will also cover small construction activities in Regions 1, 2, 3, 5, 6, 7, 8, 9, and 10. Comments on the proposed general permit must be received by EPA on or before February 3, 2003.
On December 27, 2002, EPA published a notice of proposed rulemaking (67 FR 79020) in the Federal Register to withdraw the final rule amending the Water Quality Planning and Management (WQPM) regulation and the NPDES Program in Support of Revisions to the WQPM regulation published in the Federal Register on July 13, 2002. The rule revision clarified existing regulations requiring States to identify waters that are not meeting applicable water quality standards and to establish pollutant budgets known as total maximum daily loads (TMDLs) to restore the quality of those waters. The rule also amended EPA's NPDES rule to include provisions for addressing implementation of the TMDLs through NPDES permits. The rule was to take effect on April 30, 2003, however, EPA is proposing to withdraw the rule or extend the effective date since it feels the rule no longer reflects the goals of the Clean Water Act (CWA). For more information, contact Wayne_E_Toebe@rl.gov at (509) 372-2359 with Compliance Services.
On December 27, 2002, EPA published a notice (67 FR 79091) announcing that it is revising 15 of the national recommended water quality criteria for protecting human health under Section 304(a) of the Clean Water Act (CWA). The revision is a partial update based on EPA's new methodology for deriving human health criteria. EPA's recommended water quality criteria provide guidance for States and Tribes to establish water quality standards. These standards are used in implementing several environmental programs including the NPDES permit program. The criteria do not substitute for the CWA or EPA regulations and are not legally binding. EPA is also announcing the availability of an updated national recommended water quality criteria compilation. The compilation can be found on the Internet at http://www.epa.gov/waterscience/humanhealth/. Comments on the criteria must be received by EPA on or before February 25, 2003.
On December 27, 2002, the Army Corp of Engineers released a "Regulatory Guidance Letter (RGL) for Wetlands and Interagency National Wetlands Mitigation Action Plan." The RGL clarifies and supports the national policy for "no overall net loss" of wetlands and reinforces the Corps commitment to protect waters of the U.S., including wetlands. The RGL supercedes RGL 01-1 that was issued October 31, 2001. In implementing the guidance and action plan, the Corps may move away from its traditional practice of requiring that acres of wetlands lost to development be replaced by an equal or larger amount of newly created wetlands. Under the new plan, the Corps may use a functional measurement evaluating the actual value of restoration activities to a watershed or ecosystem, which could result in fewer total acres of wetlands created. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Compliance Services.
On December 31, 2002, EPA published a final rule (67 FR 80185) in the Federal Register revising the regulations on New Source Review (NSR) programs under Parts C and D of the CAA. The revision includes changes that: (1) set plantwide emission caps that will allow facilities to make changes within a plant without triggering NSR as long as the facility does not exceed the plantwide cap; (2) establish a 10-year grace period from additional NSR requirements for "clean units"; (3) allow for changes in emissions baselines; and (4) exempts pollution control projects. The purpose of the revision is to allow facilities more flexibility in responding to rapidly changing markets and to plan for future investments in pollution control and prevention technologies. The final rule becomes effective March 3, 2003. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Compliance Services.
On December 31, 2002, EPA published a proposed rule (67 FR 80290) in the Federal Register to amend the regulations on NSR programs governing routine maintenance, repair and replacement (RMRR) under Parts C and D of the CAA. The proposed revision provides for two categories of activities that will in the future be considered RMRR: (1) activities within an annual maintenance, repair and replacement allowance; and (2) replacements that meet EPA's equipment replacement provision criteria. Under the proposed rule, when an activity falls within either of these categories, it would be considered RMRR and a source's owner or operator would know that the activity was excluded from the NSR without regard to other considerations. When the activity did not fall within one of these categories, then it could qualify as RMRR under the current case-by-case test. Comments on the proposed rule must be received by EPA on or before March 3, 2003. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Compliance Services.
· Ecology has recently amended its "Used Oil Guidance." Previously, Ecology had interpreted the standards to allow waste from high-flash solvent parts washers used to clean engine parts to be managed as used oil since it had become contaminated with used oil in the cleaning process. This interpretation, however, was in conflict with EPA's position that the regulation does not consider residual oil on parts as "used oil." In light of EPA's position, Ecology has amended the guidance to state that wastes generated from high-flash solvent parts washers, caustic dip tanks, etc., that become contaminated with an oil residue during the cleaning of engine parts cannot be managed as used oil, even if burned for energy recovery. EPA's long-term management goal for used oil is to keep the waste stream in a pure state so that it will be more likely to be considered and treated as a valuable commodity rather than a waste to get rid of. Ecology will be making a publication available soon entitled, "Management of Materials Containing or Contaminated with Used Oil (WDOE#02-04-031)."
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, in the Washington State Register. The annual base fee 1x has been set at $424. The site use permit fees for each category are: <50 cubic feet, 1x, $424; >50 to <1000 cubic feet, 2x, $848; >500 to <1000 cubic feet, 5x, $2120; >1000 to <2500, 10x, $4240; >2500 cubic feet, 35x, $14,840; Nuclear Facilities, 100x, $42,400.
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