Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 24, Number 7 - July 13, 2002

From Washington, D.C.:

DOE'S TRANSURANIC RADIOACTIVE WASTE CHARACTERIZATION DOCUMENTS FOR HANFORD PROPOSED FOR DISPOSAL AT THE WASTE ISOLATION PILOT PROJECT ARE PUBLISHED

On June 12, 2002, EPA published a notice (67 FR 40295) in the Federal Register announcing that DOE documents on the characterization of transuranic (TRU) radioactive waste at the Hanford facility proposed for disposal at the Waste Isolation Pilot Project (WIPP) are available for public review and comment. These documents include the following: (1) Hanford Site Transuranic Waste Certification Plan; (2) Hanford Site Transuranic Waste Characterization Quality Assurance Project Plan; and (3) Waste Receiving and Processing Facility, Gamma Energy Processing Operations. EPA has also included a document which summarizes its past waste characterization inspections at Hanford and the technical processes that the Agency has approved to date.

In May 1998, EPA announced its final compliance certification decision of WIPP, which required that the site comply with EPA's radioactive waste disposal regulations in 40 CFR, Part 191, subparts B and C of RCRA. This final compliance certification included conditions that prohibited the shipment of TRU wastes from sites other than Los Alamos National Laboratory until EPA determined that the site had established and executed a quality assurance program and had approved the procedures for compliance with the waste characterizations provisions. As part of the process for this approval, DOE was required to submit the documents herein for EPA's review and approval. Also, as part of the approval process, EPA will perform an inspection of the Hanford facility to verify the information in the documents. If EPA determines as a result of the inspection that the proposed processes and programs are adequate, it will notify DOE in writing of its approval and will allow DOE to ship TRU wastes to WIPP. Comments on the documents must be received by EPA on or before July 12, 2002. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services group.

EPA PUBLISHES PROPOSED RULE ON CATHODE RAY TUBE AND MERCURY-CONTAINING EQUIPMENT

On June 12, 2002, EPA published a proposed rule (67 FR 40508) in the Federal Register to exclude cathode ray tubes (CRTs) and glass removed from CRTs sent for recycling or reuse from the definition of solid waste under RCRA. CRTs, which include television and computer monitors, designate as characteristic dangerous waste primarily because of their lead content but can contain low concentrations of mercury, cadmium, and arsenic as well. The proposed rule contains provisions that:

Allow CRTs that are slated for recycling to be speculatively accumulated.
Allow broken CRTs that can be recycled to be excluded from the definition of solid waste if they are stored in a building with a roof, floor, and walls.
Allow CRTs that are not stored in a building to be stored in a container that is constructed, filled, and closed to minimize releases of CRT glass, and are labeled and marked clearly; and
Require processed glass from used CRTs destined for recycling at facilities other than lead smelters or glass manufacturers to be packaged and labeled.

EPA is soliciting public comment on whether CRTs sent to hazardous waste landfills and incinerators should also comply with the streamlined packaging and labeling requirements as broken CRTs are. Household CRTs and non-households with few CRTs would not be subject to hazardous waste rules whether the CRTs are being recycled or not.

Also in this action, EPA is proposing to streamline management requirements for used mercury-containing equipment by adding it to the federal list of universal wastes. The proposed rule would allow for waste handlers to label or clearly mark worn-out mercury-containing equipment and manage the waste in accordance with the universal waste management standards for thermostats. Comments on the proposed rule must be received by EPA on or before August 12, 2002. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services group.

From Olympia:

ECOLOGY RELEASES DISCUSSION PAPER ON WASHINGTON'S HAZARDOUS WASTE FACILITIES INITIATIVE

On June 3, 2002, Ecology released a discussion paper entitled, "Washington's Hazardous Waste Facilities Initiative." Ecology is undertaking this initiative as a result of a directive by the 2001 legislature which asked the Department to evaluate current statutes and regulations governing hazardous waste management facilities and make recommendations on improving financial assurance regulatory control. The concern with hazardous waste (HW) facilities arose when business failures or facility closures in several facilities left taxpayers with financial responsibility for cleaning up the sites.

The purpose of the discussion paper is to identify specific problems with HW facilities, look at options for addressing these problems, and propose solutions. Ecology has identified a number of problems with these sites including: (1) major activities and waste streams at waste management facilities are exempt; (2) financial assurance mechanisms are inadequate and/or out-of-date; (3) lack of permits or authorization to operate for recycling facilities and used oil processor; (4) difficulty in obtaining information about facilities; and (5) resource levels are inadequate. To address these issues Ecology would like to:

Expand closure, liability, and closure funding requirements to recyclers and used oil processors;
Revise rules and guidelines to address inadequacies and improve assurances that funds will actually be available upon closure or abandonment of facilities;
Establish a streamlined permit and operating certificate program for recyclers and used oil processors;
Create an internet site to display information maintained by Ecology and EPA; and
Seek funding in addition to current levels through fees to hazardous waste management facilities, including recyclers and used oil processors.

Ecology has held several stakeholder meetings to get feedback from interested groups. Fluor Hanford was in attendance at the stakeholder meeting for Hazardous Waste Generators on June 27, 2002. Ecology will be revising the report and scheduling a stakeholder meeting in the near future. The Department must have a report to the Legislature on or before September 30, 2002. Comments on the discussion paper must be received by Ecology on or before July 11, 2002. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

ECOLOGY ISSUES INTERIM ENFORCEMENT POLICY ON CRTS AND RELATED ELECTRONIC WASTES

Ecology recently issued an Interim Enforcement Policy (IEP) to conditionally exclude CRTs and related electronic wastes that are recycled or reused from the Dangerous Waste (DW) Regulations. The IEP will be in place until Ecology adopts a final rule through a formal rulemaking process. The purpose of the IEP is to inform generators, transporters, and operators of facilities that collect, accumulate, and dismantle monitors and other related equipment that Ecology will refrain from enforcing the DW regulations as long as they comply with the policy. The IEP models EPA's proposal to conditionally exclude CRTs that are recycled or reused.

The IEP is primarily written for businesses that are fully regulated generators under the DW regulations but small quantity generators and those managing household hazardous waste are encouraged to comply with these requirements as well. According to the IEP, CRTs that are recycled:

Do not have to be counted as a DW;
Do not need to be manifested when transported off-site; and
Must be legitimately recycled including glass-to-glass recycling (meaning processing CRT glass into new CRTs), reclamation, reuse of parts, and smelting operations.

Other related computer equipment that is found to designate as DW may be managed in the same manner as the CRTs. The IEP also contains the specific requirements generators, transporters, and facilities must follow to manage CRTs under the conditional exclusion. The IEP can be found on the Internet at http://www.ecy.wa.gov/pubs/0204017.pdf. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services group.

Briefly:

EPA recently published notices in the Federal Register on Information Collection Requests (ICRs) it has forwarded to the Office of Management and Budget for review and approval. These ICRs are for RCRA Expanded Public Participation, which was published in the Federal Register on June 10, 2002, (67 FR 39716) and for National Emission Standards for Hazardous Air Pollutants: Radionuclides, which was published in the Federal Register (67 FR 43109) on June 26, 2002. Comments on the ICR for RCRA Expanded Public Participation must be received by EPA on or before July 10, 2002 and on the ICR for NESHAPs: Radionuclides must be received by EPA on or before July 26, 2002.

On June 4, 2002, EPA published a notice (67 FR 38418) in the Federal Register announcing the States thatwhich have submitted notifications to EPA under the requirements of RCRA 40 CFR Part 271.27 and thus have interim authorization for the Corrective Action Management Units (CAMU) amendments rule published in the Federal Register on January 22, 2002 (67 FR 2962). The CAMU amendments of January 22, 2002, granted interim authorization to states that are authorized for the CAMU rule promulgated in February 1993 and that submitted a notification letter to EPA by March 22, 2002. A total of 25 States, including Washington, submitted notification letters and met the criteria for interim authorization.

On June 7, 2002, EPA published a notice (67 FR 39584) in the Federal Register announcing that it has made a final determination for all sub-classes of Class V injection wells not included in the final rulemaking on Class V motor vehicle waste disposal wells and large capacity cesspools (December 7, 1999). These Class V wells include those at sites that: (1)use injection as part of the aquifer remediation activities; (2) use "open-loop" heat pump/air conditioning systems; (3) are shallow non-hazardous industrial waste disposal wells, large-capacity septic systems; (4) are agricultural and storm water drainage wells; and (5) other wells. EPA has determined that the existing Federal Underground Injection Control (UIC) regulations are adequate to prevent these wells from endangering ground water sources of drinking water and no new regulations are necessary at this time. EPA is also amending the UIC rules to make minor changes and clarifications to certain references. The final determination and final rule revisions became effective June 7, 2002.

On June 10, 2002, EPA published a final rule (67 FR 39602) in the Federal Register which simplifies and consolidates emission inventory reporting requirements which includes annual and 3-year cycle inventories to a single location in the Code of Federal Regulations; establishes new reporting requirements for PM 2.5 and regional haze; and establishes new requirements for the statewide reporting of area source and mobile source emissions. The Consolidated Emission Reporting is intended to increase efficiency and provide more consistent and uniform data. The final rule becomes effective August 9, 2002.

On June 10, 2002, EPA published a proposed rule (67 FR 39662) in the Federal Register to add a new section to the Criteria for Municipal Solid Waste Landfills which would allow states to issue research, development, and demonstration permits that would give landfill owners site-specific waivers from certain provisions of the MSWLF regulations. The waivers would give landfill owners more flexibility in choosing the technology they want to use in disposing waste. The waivers would be approved for 3 years at a time and could be renewed three times for a total of 12 years. The RD&D permits would only be given to landfill owners who prove that the process they choose to use at the site would not pose an increased threat to human health and the environment. EPA is proposing this revision to promote the use of innovation technologies such as bioreactor processes at MSWLF. Comments on the proposed rule must be received by EPA on or before August 9, 2002.

On June 11, 2002, EPA published a notice in the Federal Register announcing that a document entitled, "External Review Draft Action Plan for the Development of a Framework for Metals Assessment and Guidance for Characterizing and Ranking Metals (Action Plan)" is available for review and comment. The goal of the Action Plan is to establish a process for developing guidance that will assure: a consistent application of scientific principles for assessing hazard and risk for metals; state-of-the-science application of methods and data; a transparent process that articulates assumptions and uncertainties; and the flexibility to address program-specific issues. The Action Plan can be found on the Internet at http://www.epa.gov/ncea/raf/rafpub.htm. Comments on the Action Plan must be received by EPA on or before July 2, 2002.

On June 12, 2002, the Department of the Interior published a notice (67 FR 40333) in the Federal Register announcing its intent to prepare a Comprehensive Conservation Plan and Associated Environmental Impact Statement for the Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge and solicit public comments in cooperation with the DOE. The Hanford Reach National Monument was designated by Presidential Proclamation in June 2000 and encompasses 195,000 acres, part of which is owned and managed by the DOE. The Monument was established to conserve a unique and biologically diverse area, which has functioned historically as a protective buffer zone around the Hanford Site. The Monument also contains one of the most extensive and intact American Indian occupation sites in the region as well as historic structures and other remains from more recent human activities including homesteads from small towns that were established along the riverbank in the early 1900s. Comments on the notice must be received by DOI on or before September 12, 2002.

On June 18, 2002, EPA published a notice (67 FR 41417) in the Federal Register announcing that a document entitled, "Proposed Effluent Guidelines Program Plan for 2002/2003 (Plan)" is available for public review and comment. Under the Clean Water Act, EPA establishes national regulations or effluent guidelines to reduce pollutant discharges from industrial facilities to surface waters and publicly owned treatment works. This Plan describes EPA's ongoing efforts to establish and develop these effluent guidelines. The Plan may be obtained from EPA's Water Docket Office, 401 M Street SW, Washington D.C. 20460 or by calling (202) 260-3027. Comments on the Plan must be received by EPA on or before July 18, 2002.

On June 18, 2002, EPA published a direct final rule (67 FR 41343) in the Federal Register to amend the final Civil Monetary Penalty Inflation Adjustment Rule as mandated by the Debt Collection Improvement Act of 1996 to adjust EPA's civil monetary penalties for inflation on a periodic basis. EPA is required to review its penalties at least once every four years and make adjustments in them as necessary for inflation. In taking this action, EPA is increasing penalties for civil violations of environmental laws by 13.6 percent in response to inflation. The amounts for the new penalties for each statute enforced by EPA are listed in a chart in the announcement. The new penalties will become effective on August 19, 2002.

On June 19, 2002, Ecology published a final rule (WSR 02-12-059) in the Washington State Register to increase wastewater discharge permit fees under Chapter 173-224 WAC. The fees for Fiscal Year (FY) 2003 and FY 2004 have been increased up to the fiscal growth factor limit of 2.79% for FY 2003 and 3.29% for FY 2004 as established by the Office of Financial Management. The rule also establishes a first time fee for aquatic pest control permits and redefines how animal units are calculated. The final rule becomes effective June 30, 2002.

On June 24, 2002, EPA published a proposed rule (67 FR 42643) in the Federal Register on a range of options to address storm water discharges from construction sites. The proposed rule is expected to significantly reduce the amount of sediment discharged from construction sites. EPA is also requesting comment on other aspects of the proposed rule including technologies, costs, and economics. Comments on the proposed rule must be received by EPA on or before October 22, 2002.

On June 28, 2002, EPA published a proposed rule (67 FR 43575) in the Federal Register to approve Washington's Title V Air Operating Permit (AOP) Program proposed revisions to the provisions on insignificant emission units and other amendments provided there are no changes to these provisions through Ecology's rulemaking. This resolves the Notice of Deficiency EPA published in the Federal Register on January 2, 2002 (67 FR 73), which identified deficiencies in Ecology's AOP rules with regard to the IEU provisions. Comments on the proposed rule must be received by EPA on or before July 29, 2002.

*FEDERAL/STATE*
	*REGISTER REVIEW*

67 FR 38222: On June 3, 2002, EPA published a notice announcing that it has made preliminary regulatory determinations for nine contaminants from the list of contaminants EPA is required to publish under the SDWA. Comments on the notice must be received by EPA on or before August 2, 2002.

67 FR 38418: On June 4, 2002, EPA published a notification announcing the States that have submitted notification to EPA under 40 CFR Part 271 and thus have interim status for the Corrective Action Management Units amendments rule (67 FR 2962) which was published on January 22, 2002, in the Federal Register (see Briefly, this edition).

67 FR 39301: On June 7, 2002, EPA published a direct final rule to amend the National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards in response to a settlement agreement with General Electric Company. The direct final rule becomes effective July 29, 2002.

67 FR 39584: On June 7, 2002, EPA published a notice of final determination for all sub-classes of Class V injection wells not included in the final rulemaking on Class V motor vehicle disposal wells and large-capacity cesspools (see Briefly, this edition). The final determination became effective June 7, 2002.

67 FR 39602: On June 10, 2002, EPA published a final rule to simplify and consolidate emission inventory reporting requirements to a single location within the Code of Federal Regulations as well as amend other sections of the rule (see Briefly, this edition). This final rule becomes effective August 9, 2002.

67 FR 39662: On June 10, 2002, EPA published a proposed rule to add a new section to the Criteria for Municipal Solid Waste Landfills, which allows states to issue research, development, and demonstration permits to landfill operators (see Briefly, this edition). Comments on the proposed rule must be received by EPA on or before August 9, 2002.

67 FR 39712: On June 10, 2002, EPA published a notice announcing the OMB responses to Agency ICRs.

67 FR 39715: On June 10, 2002, EPA published a notice announcing that an ICR on Stratospheric Ozone Protection, Servicing Motor Vehicle Air Conditioners has been forwarded to the OMB for review and approval. Comments on the ICR must be received by EPA on or before July 10, 2002.

67 FR 39716: On June 10, 2002, EPA published a notice announcing that an ICR on RCRA Expanded Public Participation has been forwarded to OMB for review and approval (see Briefly, this edition). Comments on the ICR must be received by EPA on or before July 10, 2002.

67 FR 39982: On June 11, 2002, EPA published a notice announcing that the draft Action Plan for the Development of a Framework for Metals Assessment and Guidance for Characterizing and Ranking Metals was available for public review and comment (see Briefly, this edition). Comments must be received by EPA on or before July 2, 2002.

67 FR 40286: On June 12, 2002, EPA published a notice announcing that an ICR on Water Quality Standards Regulation has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before July 12, 2002.

67 FR 40295: On June 12, 2002, EPA published a notice announcing that DOE documents on characterization of transuranic radioactive waste at Hanford proposed for disposal at the Waste Isolation Pilot Project are available for public review and comment (see Article, this edition). Comments must be received by EPA on or before July 12, 2002.

67 FR 40333: On June 12, 2002, the Department of Interior, Fish and Wildlife (FWS) Service (FWS), published a notice announcing its intent to prepare a Comprehensive Conservation Plan and Associated Environmental Impact Statement for the Hanford Reach National Monument /Saddle Mountain National Wildlife Refuge and soliciting public comment (see Briefly, this edition). FWS must receive comments by September 12, 2002.

67 FR 40508: On June 12, 2002, EPA published a proposed rule to exclude from the definition of solid waste used cathode ray tubes and glass removed from CRTs sent for recycling (see Article, this edition). Comments on the proposed rule must be received by EPA on or before August 12, 2002.

67 FR 41343: On June 18, 2002, EPA published a direct final rule amending the final Civil Monetary Penalty Inflation Adjustment Rule to adjust EPA's civil monetary penalties for inflation (see Briefly, this edition). Elsewhere in the same Federal Register, EPA has published a proposed rule (67 FR 363) in the event the Agency receives adverse comments on the direct final rule. The direct final rule becomes effective August 19, 2002, unless EPA receives adverse comments by July 18, 2002. Comments on the proposed rule must also be received by EPA on or before July 18, 2002.

67 FR 41417: On June 18, 2002, EPA published a proposed Effluent Guidelines Program Plan (Plan) for 2002/2003 (see Briefly, this edition). Comments on the Plan must be received by EPA on or before July 18, 2002.

67 FR 41668: On June 19, 2002, EPA published a proposed rule extending the comment period for the proposed rule on cooling water intake structures Phase II existing facilities published in the Federal Register on April 9, 2002 (67 FR 17122). The comment period has been extended to August 7, 2002.

67 FR 41981: On June 20, 2002, EPA published a notice announcing that it was planning to submit 22 ICRs which are listed in the notice to the OMB for review and approval. Comments on the ICRs must be received by EPA on or before August 19, 2002.

67 FR 42251: On June 21, 2002, EPA published a notice announcing that it was planning to submit an ICR on the National Waste Minimization Partnership Program to OMB for review and approval. Comments on the ICR must be received by EPA on or before August 20, 2002.

67 FR 42254: On June 21, 2002, EPA published a notice to extend the comment period on the Draft Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility and Integrity of Information Disseminated by EPA from May 31, 2002, to June 21, 2002.

67 FR 42501: On June 24, 2002, EPA published a correction to the National Pollutant Discharge Elimination System rule. The correction became effective immediately.

67 FR 42557: On June 24, 2002, EPA published a notice of designation for a new reference for measuring concentrations of CO and a new equivalent method for measuring concentrations of O₃ in ambient air monitoring.

67 FR 42643: On June 24, 2002, EPA published a proposed rule on a range of options to address storm water discharges from construction sites (see Briefly, this edition). Comments on the proposed rule must be received by EPA on or before October 22, 2002.

67 FR 42948: On June 25, 2002, the Department of Transportation published a final rule revising and clarifying its hazardous materials safety rulemaking and program procedures. The final rule becomes effective July 25, 2002.

67 FR 43106: On June 26, 2002, EPA published a notice announcing that it was planning to submit an ICR on RCRA Reporting and Recordkeeping for Incinerators, Boilers, and Industrial Furnaces to OMB for review and approval. Comments on the ICR must be received by EPA on or before August 26, 2002.

67 FR 43109: On June 26, 2002, EPA published a notice announcing that an ICR on National Emission Standards for Hazardous Air Pollutants: Radionuclides has been forwarded to OMB for review and approval (see Briefly, this edition). Comments on the ICR must be received by EPA on or before July 26, 2002.

67 FR 43112: On June 26, 2002, EPA published a notice announcing it was adding 18 area source categories of hazardous air pollutants to the list under the Integrated Urban Air Toxics Strategy. The addition became effective June 26, 2002.

67 FR 43550: On June 28, 2002, EPA published corrections to the Standards of Performance for New Stationary Sources Monitoring Requirements by removing, moving, or adding tables to Part 60, Section 60.4. The corrections are effective immediately.

67 FR 43551: On June 28, 2002, EPA published corrections to the Standards of Performance for New Stationary Sources Monitoring Requirements by revising several sentences in Part 60 Section 60.13. The corrections are effective immediately.

67 FR 43575: On June 28, 2002, EPA published a proposed rule to approve Washington's Title V Air Operating Permit Program proposed revisions to regulations on insignificant emissions units and other provisions (see Briefly, this edition). Comments on the proposed rule must be received by EPA on or before July 29, 2002.

WSR 02-11-103: On June 5, 2002, Ecology published a notice announcing that the draft Program Policy 1-11, Assessment of Water Quality for the Section 303 (d) List is available for public review and comment. Public workshops will be held throughout Washington in June 2002 including a workshop in Spokane on June 5 at the Spokane County Cooperative Extension Office on Havana Street, and in Yakima on June 6 at the Department of Ecology, Central Regional Office in Yakima. The workshops will be held from 2:00 p.m. to 4:00 p.m. and 6:00 p.m. to 8:00 p.m. The draft policy can be found on the Internet at http://www.ecy.wa.gov/programs/wq/303d/index.html. Comments on the policy must be received by Ecology on or before July 8, 2002.

WSR 02-11-149: On June 5, 2002, Ecology published a final rule repealing Chapter 173-222 WAC on Wastewater Discharge Permit Fees, which has already been replaced by Chapter 173-224 WAC. The repeal becomes effective on June 22, 2002.

WSR 02-11-150 - Water Quality: On June 5, 2002, Ecology published a notice announcing that the proposed Fiscal Year 2003 Total Maximum Daily Load (TMDL) Priority List is available for public review and comment. The TMDL list can be found on the Internet at http://www.wa.gov/ecology/wq/303d/. Comments on the proposed list must be received by Ecology on or before June 28, 2002.

WSR 02-11-151: On June 5, 2002, Ecology published a proposed rule amending Chapter 173-50 WAC, Accreditation of Environmental Laboratories. The amendment will allow Ecology to grant accreditation for tests on matrices other than water, for physical tests, and for drinking water tests. Comments on the proposed rule must be received by Ecology on or before August 6, 2002.

WSR 02-12-058: On June 19, 2002, Ecology published a notice announcing that it was withdrawing the proposed rule on Chapter 173-700 WAC on Wetland Mitigation Banks due to budget reductions.

WSR 02-12-059: On June 19, 2002, Ecology published a final rule increasing fees under Chapter 173-224 WAC, Wastewater Discharge Permit fees rule (see Briefly, this edition). The final rule becomes effective June 30, 2002.

WSR 02-11-101: On June 5, 2002, Ecology published a proposed rule amending Chapter 173-303 WAC, the Dangerous Waste regulation, to adopt a conditional exclusion for controlled substances; that are being held as evidence by law enforcement agencies, that are managed by licensees and registrants of the state Board of Pharmacy, or Drug Enforcement Admininstration; to be destroyed in incinerators. Ecology is also making certain technical corrections as well. Comments on the proposed rule must be received by Ecology on or before June 17, 2002.

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