Environmental
Report
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Hanford
Environmental Report |
| Dedicated to Environmental Compliance | |
Volume 23, Number 7 - July 13, 2001
EPA ISSUES A PRELIMINARY DRAFT STAFF PAPER ON PARTICULATE MATTER
On June 15, 2001, EPA published a notice (66 FR 32621) in the Federal Register announcing the availability of the document entitled, "Preliminary Draft Review of the National Ambient Air Quality Standards for Particulate Matter (PM): Policy Assessment of Scientific and Technical Information" (Draft Review) for public review and comment. The purpose of this Draft Review is to evaluate the policy implications of scientific and technical information in EPA's Air Quality Criteria for PM that is used in periodic review of the National Ambient Air Quality Standards (NAAQS) for PM. EPA is required by the Clean Air Act (CAA) to carry out periodic review and revision of scientific criteria in the NAAQS for criteria air pollutants such as PM. The Draft Review contains chapters on:
EPA is also making the draft document entitled, "Particulate Matter NAAQS Risk Analysis Scoping Plan" (Scoping Plan) available for public review and comment. Comments on these two documents must be received by EPA on or before July 12, 2001. The Draft Review and Scoping Plan can be obtained from the Internet at http://www.epa.gov/ttn/oarpq/tlsp.html. For more information, email or call Kirk_A_FDH_Peterson@rl.gov of Fluor Hanford at (509) 372-2364.
EPA PUBLISHES FINAL RADIATION PROTECTION STANDARDS FOR YUCCA MOUNTAIN REPOSITORY NEVADA
On June 13, 2001, EPA published a final rule (66 FR 32074) in the Federal Register establishing public health and safety standards for radioactive material stored or disposed of in the potential repository at Yucca Mountain, Nevada. The Energy Policy Act (EPAct) required that EPA develop these standards. EPA was also required by the EPAct to contract with the National Academy of Sciences (NAS) to conduct a study and provide recommendations on reasonable radiation protection standards necessary for the protection of public health and safety. The NAS prepared a report of its findings and recommendations entitled, "Technical Basis for Yucca Mountain Standards." The standards EPA has established are consistent with the NAS report. The standards include:
DOE will also be required to analyze 3000 acre-feet of water per year to show it is meeting the ground water standard. The Secretary of Energy will make a recommendation later this year to the President on whether or not to proceed with the project at Yucca Mountain. If the President approves the project, then DOE will need to get additional approval from the Nuclear Regulatory Commission to proceed; however, should the State of Nevada object to the project, then Congress would have to vote on whether or not to proceed. The Yucca Mountain site is the only site under consideration by DOE for a long-term storage facility for nuclear waste. Information on the standards can be viewed on the Internet at http://www.epa.gov/radiation/yucca. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
On June 25, 2001, EPA published a notice (66 FR 33679) in the Federal Register announcing that it was planning to submit an Information Collection Request (ICR) on "Reporting and Recordkeeping Requirements for Facility Ground Water Monitoring Requirements" to the Office of Management and Budget for review and approval. Facilities potentially affected by this action include owners and operators of surface impoundments, waste piles, land treatment units, and landfills that manage hazardous waste regulated under RCRA. Owners and operators of facilities that conduct ground water monitoring are required to report information to oversight agencies and maintain records at their facilities. The goal of the ground water monitoring program is to prevent and quickly detect releases of hazardous contaminants to ground water and expeditiously clean up releases. In this ICR, EPA is asking for comment to:
Comments on the proposed ICR must be received by EPA on or before August 24, 2001. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
The Washington State Department of Health (DOH) recently notified stakeholders that the Final Environmental Impact Statement on the Commercial Low-Level Radioactive Waste Disposal Site in Richland will be issued in December 2002 rather than the earlier anticipated date of March 2001. This delay is due to the volume and substance of comments received on the draft EIS released in November 2000. DOH will be working on a number of tasks over the next 18 months including answering all comments, evaluating an alternative zero volume for Naturally Occurring or Accelerator Produced Radioactive Material (NARM), evaluating impacts for air transportation of waste, evaluating transportation impacts for construction of the closure cover, researching and evaluating more operational enhancements including the use of trench liners, clarifying the role of the Model Toxics Control Act in closing the commercial site, integrating the data from the site investigation into the Chemical Risk Assessment, Ground Water Model, and Radioactive Risk Assessment, and planning Phase III of the site investigation, including hiring a consultant to facilitate public participation in the Data Quality Objectives Process.
Ecology recently notified stakeholders that the Water Quality Permit Writers Manual is now on the Internet at http://www.ecy.wa.gov/programs/wq/wastewater/index.html. The manual is a technical guidance and policy manual for wastewater discharge permit writers in Washington. It is intended to enhance the quality and consistency of wastewater discharge permits issued by Ecology and to improve the efficiency of the permitting process.
On June 8, 2001, EPA published a notice (66 FR 30905) in the Federal Register announcing that applicability determinations, alternative monitoring decisions, and regulatory interpretations it has made on the new source performance standards (NSPS) and the national emission standards for hazardous air pollutants (NESHAP) have been posted to the Applicability Determination Index (ADI) Database System. The ADI is an electronic index on the Internet that contains EPA letters and memoranda on various topics such as applicability, monitoring, record keeping, and reporting requirements under the NSPS and NESHAP. EPA posts these documents on the ADI on a quarterly basis. In this notice, EPA has added 63 documents to the ADI. Documents that may be of interest at Hanford include: treatment and control requirements for treatment, storage, and disposal facilities; and opacity monitoring alternative. The ADI Database System is located on the Internet at http://es.epa.gov/oeca/eptdd/adi.html.
On June 21, 2001, the Department of Transportation (DOT) published final amendments (66 FR 33316) in the Federal Register to the hazardous waste transport rules to conform to international standards. The final rule contains numerous changes including amendments to proper shipment names, hazard classes, packaging authorizations, air transport quality limitations, and vessel stowage requirements. DOT is taking this action to make these requirements consistent with the United Nations Recommendations, the International Maritime Goods Code, and the International Civil Aviation Organization technical instructions. The proposed rule was published in the Federal Register on October 23, 2000 (66 FR 63294). The final rule becomes effective October 1, 2001.
On June 14, 2001, the DOT published a proposed rule (66 FR 32420) in the Federal Register consolidating, clarifying, and revising regulations on the loading, unloading, and storage of hazardous materials during transportation. DOT is proposing that "transportation in commerce" for the hazardous materials regulations begin when a carrier takes possession of a hazardous material and continues until it is delivered to its destination. The existing regulation has been confusing and controversial with the controversy centered on the question of just when does a hazardous material enter into transportation. This proposed rule addresses this controversy. Comments on the proposed rule must be by DOT on or before October 12, 2001.
On May 16, 2001, the American Chemistry Council (ACC) petitioned the U.S. Court of Appeals for the District of Columbia to review EPA's final hazardous waste identification rule (ACC v EPA, D.C. Cir., 01-1216, 5/16/01). The hazardous waste identification rule applies to wastes designated as hazardous under RCRA because they have been mixed with or derived from listed hazardous wastes. The ACC has specifically requested that benzene, 2-ethoxyethanol, 2-nitropropane, and 1,2,-trichloroethane be exempted from the RCRA regulations. They also complain that the final rule is too broad and does not provide enough exemptions for low-level hazardous wastes.
On June 28, 2001, the National Resources Defense Council (NRDC) filed a lawsuit against EPA for suspending the stricter standards for arsenic in drinking water (NRDC v. EPA, D.C. Cir., No. 011291, 6/28/01). President Bush suspended the 10 parts per billion (ppb) final arsenic standard issued January 22, 2001, by the Clinton Administration and is currently having the tighter standard reviewed from a health and cost benefit perspective. The standard was lowered from 50 ppb to the 10 ppb. The NRDC indicated that the purpose of the lawsuit is to force EPA to adopt the 10 ppb standard. They allege that the Bush Administration violated provisions of the Safe Drinking Water Act and the Administrative Procedures Act when it suspended the arsenic rule.
On June 27, 2001, the National Energy Policy Development Group directed EPA to review its Air Quality New Source Review program, including administrative interpretations and implementation, and report their findings on the impact of regulations to President Bush within 90 days. A background paper on this review was made available on June 22, 2001, and can be found on the Internet at http://www.epa.gov/air/nsr-review. EPA will hold four public meetings to solicit public comment and suggestions on the background paper and other information relevant to the review. The public meetings will be held July 10, 2001, in Cincinnati, OH; July 12, 2001, in Sacramento, CA; July 17, 2001, in Boston, MA; and July 20, 2001, in Baton Rouge, LA.
Ecology recently notified stakeholders of the status of Chapter 508-64 WAC, the Water Measuring rule amendment and implementation plan. The rule is being amended as a result of a lawsuit filed by American Rivers, the Center for Environmental Law and Policy, Washington Environmental Council, Pacific Coast Federation of Fisherman's Association, and the Institute for Fisheries Resources against Ecology for not complying with the 1993 water measurement law. In December 2000, the Thurston County Superior Court issued a final ruling, which requires Ecology to bring the water compliance program into line with the state water measuring law by December 31, 2002. Ecology is currently seeking public input on the initial draft rule and will be filing the proposed rule with the Code Revisor's Office on July 18, 2001. Ecology expects to adopt the final rule in December 2001.
On June 4, 2001, EPA published a notice in the Federal Register listing State and Tribal submissions of new or revised water quality standards that EPA approved April 1, 1998, through May 30, 2000. The notice also contains a list of EPA actions to promulgate or remove Federal water quality standards during this same period. As a result of recent changes in EPA's water quality standards, this will be the last list of water quality standards approvals published in the Federal Register. Instead, a repository of Clean Water Act-effective water quality standards has been established to replace the annual publication of EPA approvals. The repository can be found on the Internet at http://www.epa.gov/ost/wqs. The repository will be updated periodically to include new and revised water quality standards approved by EPA.
On June 27, 2001, EPA published a notice announcing that it was soliciting comment on the Draft Annual Compliance Assistance Activity Plan Inventory (Draft Inventory) for fiscal year 2002. This Draft Inventory catalogues compliance assistance activities EPA proposes for fiscal year 2002 so that stakeholders can go to a single source to get information. EPA is soliciting public comment on the content, type, and scope of projects contained in the Draft Inventory. The Draft Inventory can be viewed on the Internet at http://www.epa.gov/clearinghouse. Comments must be received by EPA on or before August 13, 2001.
Law Seminars International will be holding a conference on the New Model Toxic Control Act (MTCA) amendments in Seattle, Washington on September 20-21, 2001. The Conference will examine the new rule and how it changes the cleanup process. It will provide attorneys, consultants, environmental groups, and others involved in the cleanup of hazardous waste sites, with information on how to implement the new MTCA provisions. Some of the topics that will be covered include: highlights of the new MTCA rule and development, history of the new rule, methods A, B, and C and their applications, soil and groundwater cleanup levels, site and ecological risk assessment, model remedies, cost/benefit analysis, petroleum cleanups, statutory changes and case law update. The seminar cost is $595 with a group rate of $545 each for two or more registrants from the same firm. The conference will be held at the Crowne Plaza Hotel, 1113 6th Avenue in Seattle. To register, call (800) 854-8009 or visit the website at http://www.lawseminars.com.
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