Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 26, Number 1 - January 9, 2004

From Washington, D.C.:

DEPARTMENT OF ENERGY PUBLISHES PROPOSED RULEMAKING ON WORKER SAFETY AND HEALTH

On December 8, 2003, the Department of Energy (DOE) published a proposed rule (68 FR 68276) in the Federal Register on worker safety and health at DOE workplaces as required by Section 3173 of the National Defense Authorization Act of Fiscal Year 2003. The proposed regulation sets forth the obligations of DOE contractors to provide safe and healthy workplaces. The proposed rule requires the contractor to ensure that:

the workplace is free from recognized hazards that are causing or are likely to cause death or serious bodily harm; and
work is performed in accordance with the worker safety and health program for the workplace.

DOE has included an appendix in the proposed rule that has a description of worker safety standards and programs generally acceptable for inclusion in a worker safety and health program. The appendix is based on DOE Order 440.1A which describes DOE's expectations on worker protection. Radiological hazards would not be covered by the proposed rule since they are regulated by existing requirements on nuclear safety and radiological protection set forth in 10 CFR parts 820, 830 and 835. Comments on the proposed rulemaking must be received by DOE on or before February 6, 2004. For more information, email or call David_L_Dave_Jackson@rl.gov at (509) 373-1289 with Fluor Hanford's Occupational Safety & Health Organization.

EPA PUBLISHES FINAL RULE REVISING STATE IMPLEMENTATION PLANS ON PREVENTION OF SIGNIFICANT DETERIORATION PROGRAM

On December 24, 2003, EPA published a final rule (68 FR 74483) in the Federal Register revising state implementation plans (SIPs) for the Prevention of Significant Deterioration (PSD) program mandated by part C of title I of the Clean Air Act (CAA). The revisions include changes to incorporate newly promulgated paragraphs of the Federal PSD rule into the Federal Implementation Plan (FIP) portion of the SIP where the State Agency does not have an approved PSD SIP in place. Specifically, the final rule includes:

administrative amendments to the Federal implementation plan (FIP) portions of the SIPs to update the reference to the PSD FIP that is already incorporated into these plans;
administrative amendments of delegated state and local authority programs to incorporate the provisions published in the Federal Register on October 27, 2003;
revisions to references for each FIP to incorporate the equipment replacement provision amendments that are not subject to New Source Review requirements under the routine maintenance, repair and replacement exclusion into the FIP portions of SIPs; and
adopts a cross-referencing format for the FIP portions of SIPs wherein they will automatically be updated whenever new sections are added to 52.21.

The final rule became effective December 26, 2003. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

EPA SEEKS APPROVAL FROM THE OFFICE OF MANAGEMENT AND BUDGET ON TWO INFORMATION COLLECTION REQUESTS

EPA recently published two notices in the Federal Register regarding Information Collection Requests. The notices are as follows:

On December 9, 2003, EPA published a notice announcing that it was planning to submit an ICR on National Pollutant Discharge Elimination System (NPDES) Compliance Assessment/Certification Information to OMB for review and approval. NPDES Permit holders must maintain records, meet compliance schedules and report violations to the permitting authority who uses this information to assess whether or not the permittee is complying with discharge limits in the permit on a consistent basis. Currently, the ICR is due to expire on February 29, 2004. Comments on the ICR must be received by EPA on or before February 9, 2004.
On December 15, 2003, EPA published a notice (68 FR 69397) announcing that it was planning to submit an ICR on Notification of Episodic Releases of Oil and Hazardous Substances to OMB for review and approval. CERCLA requires persons in charge of a facility or vessel to notify the National Response Center (NRC) of a hazardous substance release into the environment if the amount of release equals or exceeds the substance's reportable quantity limit. The Clean Water Act requires a person in charge of a vessel to notify the NRC of an oil spill into U.S. navigable waters if the spill causes sheen or violates applicable water quality standards. The reporting of these releases allows the Federal government to determine if a Federal response action is required. The information collected is also available to Federal agencies who use the information to evaluate the potential need for additional regulations and for improved emergency response planning. Currently, the ICR is due to expire on April 30, 2004. Comments on the ICR must be received by EPA on or before February 10, 2004

EPA is soliciting comments to: evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency; evaluate the accuracy of the Agency's estimate of the burden of the proposed collection information; and enhance the quality, utility, and clarity of information collected. For more information, email or call Marsha_A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664..

Briefly:

On December 3, 2003, the State Department of Health (WDOH) published a proposed rule (WSR 03-23-134) in the Washington State Register to amend Chapter 246-249 WAC, Drinking Water Operating Permits. The purpose of the rule is to update the criteria for compliance regarding public water system performance and to be consistent with other drinking water regulations. Comments on the proposed rule amendment must be received by WDOH on or before January 12, 2004.
On December 10, 2003, EPA published a notice (68 FR 68893) in the Federal Register requesting public comment on the triennial national enforcement and compliance assurance priorities (TNECAP) to be addressed in fiscal years 2005, 2006 and 2007. The final priority selections will be incorporated into EPA's Office of Enforcement and Compliance Assurance Workplanning Guidance which provides national program direction for all EPA Regional Offices. Comments on the TNECAP must be received by EPA on or before January 12, 2004.
On December 29, 2003, EPA published a notice (68 FR 74907) in the Federal Register announcing that the comment period on the proposed rule revising the definition of solid waste published in the Federal Register on October 28, 2003 (68 FR 61558) is being extended from January 26, 2004 to February 25, 2004. Comments on the proposed rule must be received by EPA on or before that date.
On December 30, 2003, EPA published a notice (68 FR 75237) in the Federal Register announcing that it was extending the comment period on the stakeholder dialogue for Toxic Chemical Release reporting. The comment period has been extended from January 5, 2004 to February 4, 2004. Comments must be received by EPA on or before that date.
On December 30, 2003, EPA published a notice (68 FR 75240) in the Federal Register announcing that it is making available an external review draft document entitled, "Air Quality Criteria for Particulate Matter". The purpose of the document is to provide an assessment of the latest scientific information on the effects of airborne particulate matter on the public health and welfare for use in EPA's current review of the National Ambient air Quality Standards for PM. Comments on the draft document must be received by EPA on or before January 31, 2004.
On December 31, 2003, EPA published a notice (68 FR 75507) in the Federal Register announcing that the updated "National Recommended Water Quality Criteria for Protection of Human Health" for fifteen pollutants was available. The criteria are based on EPA's 2000 methodology for deriving human health water quality criteria and supercedes criteria for these chemicals that was previously published before this notice by the Agency.
On December 31, 2003, EPA published a notice (68 FR 75515) in the Federal Register seeking public comment on the preliminary Effluent Guidelines Program Plan (EGPP) for 2004/2005. The purpose of this notice is to present the results of EPA's annual review of the effluent guidelines that were promulgated under Section 304(b) of the Clean Water Act; to solicit public comment on the preliminary EGPP; and to describe and solicit comment on the analytical framework that EPA has used to date in performing the annual review for 2003 and in developing the preliminary EGPP. Comments on the EGPP must be received by EPA on or before February 17, 2004.

*FEDERAL/STATE*
	*REGISTER REVIEW*

68 FR 68384: On December 8, 2003, EPA published a notice announcing that it has amended the "Central Data Exchange-Customer Registration System (CDX-CRS)" published on March 18, 2002. The original system of records has been amended to: update the "location" section to reflect the recent relocation of the CDX-CRS to a new facility; clarify the "Categories of Records in the System" section regarding EPA forms; and clarify the "purpose" section to ensure the public recognizes that the use of the CDX-CRS is optional and only necessary for those individuals who want to file information electronically. The amendments have been immediately effective.

68 FR 68276: On December 8, 2003, the Department of Energy (DOE) published a proposed rulemaking for worker safety and health at DOE workplaces (see article, this edition). Comments on the proposed rulemaking must be received by DOE on or before February 6, 2004.

68 FR 68618: On December 9, 2003, EPA published a notice announcing that it was planning to submit an ICR on NPDES Compliance Assessment/Certification Information to the OMB for review and approval (see article, this edition). Comments on the ICR must be received by EPA on or before February 9, 2004.

68 FR 68919: On December 10, 2003, EPA published a notice announcing that the document entitled, "Draft Recovered Materials Advisory Notice (RMAN)" was available for public review. The RMAN provides guidance to procuring agencies for purchasing certain items containing recovered materials. Comments on the document must be received by EPA on or before February 9, 2004.

68 FR 68893: On December 10, 2003, EPA published a notice requesting public comment on the TNECAP to be addressed for fiscal years 2005, 2006 and 2007 (see briefly, this edition). Comments on the TNECAP must be received by EPA on or before January 12, 2004.

68 FR 69397: On December 15, 2003, EPA published a notice announcing that it was planning to submit an ICR on Notification of Episodic Releases of Oil and Hazardous Substances to OMB for review and approval (see article, this edition). Comments on the ICR must be received by EPA on or before February 10, 2004

68 FR 69680: On December 15, 2003, EPA published a notice announcing that it was planning to submit an ICR on Chemical Specific Rules under Section 8(a) of the Toxic Substances Control Act to OMB for review and approval. Comments on the ICR must be received by EPA on or before February 13, 2004.

68 FR 69685: On December 15, 2003, EPA published the eighteenth update of the Federal Agency Hazardous Waste Compliance Docket pursuant to section 120(c) of CERCLA. EPA is required by CERCLA to update the list every six months. The docket contains information about Federal facilities that manage hazardous waste or from which hazardous substances have been or may be released. The list is current as of August 14, 2003.

68 FR 74483: On December 24, 2003, EPA published a final rule revising SIPs on PSD programs mandated by part C of title I of the CAA (see article, this edition). The final rule became effective December 26, 2003.

68 FR 74907: On December 29, 2003, EPA published a notice announcing that the comment period on the proposed rule revising the definition of solid waste published in the Federal Register on October 28, 2003 (68 FR 61558) is extended to February 25, 2004 (see briefly, this edition). Comments on the proposed rule must be received by EPA on or before that date.

68 FR 75237: On December 30, 2003, EPA published a notice announcing that it was extending the comment period on the stakeholder dialogue for Toxic Chemical Release reporting (see briefly, this edition) to February 4, 2004. Comments must be received by EPA on or before that date.

68 FR 75240: On December 30, 2004, EPA published a notice announcing that it is making available an external review draft document entitled, "Air Quality Criteria for Particulate Matter" (see article, this edition). Comments on the draft document must be received by EPA on or before January 31, 2004.

68 FR 75507: On December 31, 2003, EPA published a notice announcing that the updated national recommended water quality criteria for protection of human health for fifteen pollutants was available (see briefly, this edition).

68 FR 75515: On December 31, 2003, EPA published a notice seeking public comment on the preliminary EGPP for 2004/2005 (see briefly, this edition). Comments on the EGPP must be received by EPA on or before February 17, 2004.

WSR 03-23-134: On December 3, 2003, the WDOH published a proposed rule to amend Chapter 246-249 WAC, Drinking Water Operating Permits (see briefly, this edition). Comments on the proposed rule amendment must be received by WDOH on or before January 12, 2004.

WSR 03-24-077: On December 17, 2003. Ecology published a notice announcing that the commercial low-level radioactive waste site use permit fees are being amended for the period March 1, 2004 to February 28, 2005. The annual base fee, 1x, has been set at $424.

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