Hanford
Environmental
Report
Dedicated to the Goal of 100% Environmental Compliance

Volume 21, Number 7 - July 9, 1999

From Washington, D.C.:

EPA PUBLISHES CORRECTIONS TO THE POLYCHLORINATED BIPHEYNLS DISPOSAL AMENDMENTS (MEGARULE)

On June 24, EPA published technical corrections to the final polychlorinated biphenyls (PCB) disposal amendments (64 FR 33755). These corrections are applicable to individuals, industries, utilities, federal, state and municipal governments who manufacture, process, distribute in commerce, use, or dispose of PCBs or materials containing PCBs. They correct technical and procedural errors of the final PCB regulation published June 29, 1998 (63 FR 35384) and the use of the term "industrial furnace" of the proposed PCB regulation published December 6, 1994 (59 FR 62788). They also establish a procedure for requesting an approval for risk-based sampling, cleanup, storage, or disposal of PCB remediation waste under Section 761.61 (c) and risk-based decontamination or sampling of decontaminated materials under Section 761.79(h) where those activities apply to more than one EPA region. Under the new procedure, requests for approval will need to be submitted to the EPA Regional Administrator for activities occurring in a single EPA region and to the Director, National Program Chemicals Division, for activities occurring in more than one EPA region.

The final rule amendments became effective June 24, 1999. Tom Quayle with FDH's Environmental Protection is currently evaluating the final rule amendment to determine how it will impact Hanford. For more information, email or call Thomas_A_Tom_Quayle@rl.gov at (509) 376-5223.

EPA PROPOSES AMENDMENTS TO HOW IT CALCULATES THE ECONOMIC BENEFIT OF VIOLATIONS IN CIVIL PENALTY ENFORCEMENT CASES

On June 18, EPA published an advanced notice of proposed action (ANPA) to amend how it calculates the economic benefit of violations in civil penalty enforcement cases. This ANPA provides responses to comments received from an earlier notice that was published in the Federal Register on October 9, 1996 requesting public comment on how it calculates the economic benefit for violations. It also provides an advanced notice of changes EPA is proposing to its benefit recapture approach and BEN computer model used to calculate economic benefit for settlements as well as solicits public comment on these changes.

EPA is proposing to update the BEN computer model so that it will flag cases in which illegal competitive advantage from violations may be significant. EPA does not intend to use the BEN model to calculate the dollar amount of illegal competitive advantage, rather it is preparing a new guidance document that regulators will use for this purpose on a case-by-case basis. EPA is also proposing to include detailed financial figures such as discount, tax, and inflation rates, depreciation schedules and capital costs in the BEN changes. Comments on the ANPA must be received in EPA by July 30, 1999. For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Regulatory Interface at (360) 709-0664.

From Olympia:

ECOLOGY BEGINS RULEMAKING TO EVALUATE AIR QUALITY FEES

On June 16, Ecology published a preproposal statement of inquiry (WSR 99-12-093) to begin rulemaking to evaluate the fee structure of the Air Quality Program. The intent of this evaluation is to make sure that regulated sources that pay fees to this program are being treated fairly and equitably. As part of the process, Ecology will be looking at the fee provisions of all the air quality rules such as Chapter 173-400 WAC and Chapter 173-460 WAC and use various fee models to determine administrative efficiency, anticipated revenue stability, and fee equity. Ecology will not be evaluating Chapter 173-401 WAC, the Air Operating Permit rule, as part of this process. If appropriate, Ecology will propose amendments to the air quality rules and consolidate existing fee provisions into a new regulation, Chapter 173-409 WAC.

To assist in the evaluation, Ecology has created internal workgroups composed of economists, budget analysts, fiscal office staff, and permit fee administration experts. Ecology intends to prepare discussion drafts of any rule that is proposed. These drafts will be available for public review and comment. Ecology will also conduct public hearings during the process to receive comment and feedback. If warranted, Ecology will form stakeholder-based focused groups to assist in the evaluation. For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Regulatory Interface at (360) 709-0664.

BRIEFLY

NOTICE

Ecology will be holding public workshops in July to discuss proposed amendments to the Water Quality Wastewater/Stormwater Discharge permit fees. These fees are used to pay for the costs of operating Ecology's wastewater discharge permit program. Issues that will be discussed at the workshops include: increasing fees for fiscal year 2000 and 2001; automatic fiscal-year fee changes without going through a rule amendment process; eliminating prorated fees for terminated permits; eliminating refunds; creating some new fee categories; and amending some existing categories. Ecology will be holding a workshop in Kennewick on Tuesday, July 20 at Ecology's Nuclear Waste Office, 1315 West 4th Ave, Room 4-6 from 1:30pm to 3:00pm. For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Regulatory Interface at (360) 709-0664.


FEDERAL/STATE
REGISTER REVIEW
64 FR 28949
On May 28, EPA published an advanced notice of proposed rulemaking (ANPRM) to revise 40 CFR Part 268 on land disposal restriction treatment standards applicable to mercury-bearing wastes. This ANPRM provides notice of EPA's comprehensive reevaluation of the treatment standards for mercury-bearing hazardous wastes and options, issues and data needs for the proposed mercury treatment standards revisions. Comments on the ANPRM must be received in EPA by July 27, 1999.
64 FR 30410
On June 8, EPA published a notice expanding the list of acceptable substitutes for ozone-depleting substances under EPA's Significant New Alternatives Policy program. It provides EPA's most recent acceptable listing decisions for Class I and II substances in the refrigerators and air conditioner, foam blowing, solvent cleaning, aerosol and adhesive, plus the coating and ink sectors. The list became effective June 8, 1999.
64 FR 30417
On June 8, EPA published its final rule amending the "Guidelines Establishing Test Procedures for Analysis of Pollutants" under Section 304(h) of the Clean Water Act to add EPA Method 1631 which measures mercury at the low levels associated with ambient water quality criteria. The final rule becomes effective July 8, 1999. The guidelines can be obtained from the Internet at http://www.epa.gov/OST/Methods.
64 FR 31772
On June 14, EPA published a proposed rule to amend the provisions that implement the statutory ban on nonessential products that release class I ozone-depleting substances under Section 610 of the Clean Air Act. EPA is amending the rule based on information that some sectors continue to use Class I substances in products where the use of those substances today should be considered a "nonessential use" of Class I substances in a product. Products affected in this rulemaking include aerosol products, pressurized dispensers, plastic foam products, and air-conditioning and refrigeration products that contain or are manufactured with chlorofluorocarbons. Comments must be received in EPA by August 13, 1999.
64 FR 32045
On June 15, EPA published a notice announcing the availability of a document, "Exposure Factors Handbook, Volumes I-III" or "Exposure Factors Handbook" CD-ROM. The purpose of the document and CD-ROM is to provide a summary of the available statistical data on factors used in assessing human exposure. It is intended to serve as a resource for exposure assessors who need to have data on standard factors to calculate exposure to toxic chemicals. The document can be obtained from the Internet at http://www.epa.gov/ncea/exposfac.htm.
64 FR 32232
On June 16, EPA published a notice announcing that it was making several guidance documents available to assist industries in knowing what their compliance responsibilities are under Section 313 of the Emergency Planning and Community Right-to-Know Act.

These documents include: an update to the 1997 EPCRA Section 313 Questions and Answers document which contains guidance on commonly asked questions; a crosswalks document which lists the source of the question and answers; the "Toxic Chemical Release Inventory Reporting Forms and Instructions: Revised 1998 Version Crosswalks Document which outlines clarification made to the current instruction package; and updates to several industry-specific guidance documents. To obtain copies of these documents contact the EPCRA hotline at 800/535-0202.

64 FR 32859
On June 18, EPA published a notice of data availability on the burden that its recordkeeping and reporting requirements under the Office of Solid Waste have on states, the public, and regulated community and its ideas on reducing this paperwork burden. EPA is also soliciting public comment on this data. Comments must be received in EPA by September 20, 1999. The data can be obtained from the Internet at http://www.epa.gov/epaoswer/hazwaste/data/burdenreduction.
64 FR 32948
On June 18, EPA published an ANPA on amendments it is proposing to make on how it calculates the economic benefit of violating environmental regulations (see article, this edition). The ANPA provides the responses to public comment from a previous publication (October 9, 1996) and proposed changes to the BEN computer model. Comments must be received in EPA by July 30, 1999.
64 FR 33481
On June 23, EPA published a notice announcing it has designated three new reference methods for measuring concentrations of PM10 in ambient air. These new reference methods include the Andersen Instruments, Incorporated Model RAAS10-100 Single Channel Reference Method PM10 Sampler; the Andersen Instruments, Incorporated Model RAAS10-200 Single Channel Reference Method PM10 Audit Sampler; and the Andersen Instruments, Incorporated Model RAAS10-300 Multi Channel Sequential Reference Method PM 10 Sampler.
64 FR 33487
On June 23, EPA published a notice announcing that guidance entitled, "Draft Implementation Guidance for the Interim Enhanced Surface Water Treatment Rule and the Stage I Disinfectants and Disinfection Byproducts Rule." This guidance is a comprehensive reference that is intended to assist Regional and State implementation of the rules. EPA is also soliciting comments. Comments must be received in EPA by July 23, 1999. A copy of this guidance can be obtained from EPA by contacting Nicole Foley at (202) 260-0875 or via email at foley.nicole@epamail.epa.gov.
64 FR 33755
On June 24, EPA published its final rule amending the regulations that affect disposal of PCBs (see article, this edition). The amendment corrects technical errors and establishes procedures for requesting an approval for risk-based sampling, cleanup, storage, and disposal of PCB remediation waste and for risk-based decontamination or sampling of decontaminated material. The final rule became effective June 24, 1999.
WSR 99-11-055
On June 2, Ecology published a preproposal statement of inquiry announcing that rulemaking had begun to amend Chapter 173-224 WAC on Wastewater Discharge Permit Fees (see notice, this edition). Ecology is proposing to increase annual permit fees for the FY 1999-2001 biennium as well as create new permit fee categories for some previously unpermitted operations. Ecology is also soliciting comments from interested parties.
WSR 99-12-093
On June 16, Ecology published a preproposal statement of inquiry to begin rulemaking to evaluate how air quality fees are determined so that regulated sources are treated fairly and equally (see article, this edition). Ecology is soliciting comments from interested parties.
WSR 99-12-096
On June 16, Ecology published its proposed rule to amend Chapter 173-400 WAC on General Regulations for Air Pollution Sources. The proposed rule amendment adopts certain federal national emission standards for hazardous air pollutants and standards of performance for new source requirements, clarifies existing rule language and corrects typographical errors. The adoption of federal requirements includes emission standards for landfill emissions, hospital and medical waste incinerators; NESHAPS for subpart EEE, hazardous waste combustors, subpart III, for flexible polyurethane foam production, subpart JJJ for Group IV polymers and resins; and NSPS for 40 CFR Part 63 subparts Ea and Eb, municipal waste combustors, subpart Ec, medical waste incinerators, subpart OOO, nonmetallic mineral processing plans, and subpart WWW, municipal solid waste landfills. Comments on this proposed rule must be received in EPA by July 15, 1999.
WSR 99-12-130
On June 16, the Department of Health (DOH) published its proposed rule which is intended to bring radiation protection rules into conformance with federal Nuclear Regulatory Commission rules on transportation of radioactive material, disposition of records, reciprocal recognition of licenses in areas of exclusive federal jurisdiction, and dose constraint for air emissions. DOH has scheduled a hearing on this rule July 6, 1999 at 10am in the New Market Center, 7171 Cleanwater Lane, Building 5 Conference Room, Tumwater. Comments on the proposed rule must be received in DOH by July 6, 1999.

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Last Updated: July 9, 1999