Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 25, Number 7 - July 11, 2003

From Washington, D.C.:

EPA BEGINS PUBLIC REVIEW PROCESS OF RADIOACTIVE WASTE CHARACTERIZATION DOCUMENTS FOR HANFORD PROPOSED FOR DISPOSAL AT THE WASTE ISOLATION PILOT PLANT

On June 4, 2003, EPA published a notice (68 FR 33429) in the Federal Register announcing that DOE documents on characterization of transuranic (TRU) radioactive waste at the Hanford site proposed for disposal at the Waste Isolation Pilot Plant (WIPP) are available for public review and comment. These documents include the Hanford Site TRU Waste Certification Plan and the Hanford Site TRU Waste Characterization Quality Assurance Project Plan. EPA requires that these documents be submitted and approved in order to meet conditions of the WIPP compliance certification as published in the Federal Register on May 18, 1998 (63 FR 27354). This certification requires that WIPP will comply with EPA's radioactive waste disposal regulations under 40 CFR Part 191, subparts B and C.

The WIPP certification also requires EPA to perform an inspection of Hanford's technical program for waste characterization. During the inspection, EPA will evaluate the adequacy, implementation, and effectiveness of the applicable technical activities of Hanford's TRU waste characterization program. EPA will also confirm the continued adequacy of waste characterization processes at Hanford for retrievably-stored, contact-handled debris at the Waste Receiving and Processing facility and homogeneous solids characterized at the Plutonium Finishing Plant. Following the inspection and public review period, EPA will notify DOE by letter if it is approved to ship TRU waste to WIPP. Documents can be viewed in EPA Docket centers in Washington, D.C., Carlsbad, N.M., Albuquerque, N.M., and Sante Fe, N.M. Comments on the documents must be received by EPA on or before July 7, 2003. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Project Services.

EPA ISSUES NEW PUBLIC INVOLVEMENT POLICY

On June 6, 2003, EPA published a notice (68 FR 33946) in the Federal Register announcing that it is issuing a new Public Involvement Policy (Policy). This new Policy is intended to provide guidance for EPA staff on effective and reasonable means to involve the public in EPA's regulatory and program implementation decisions. The Policy recommends seven basic steps which EPA should consider when making major decisions on rules, policies and program implementation activities including:

Plan and budget for public involvement activities;
Identify the interested and affected parties;
Consider providing technical or financial assistance to the public to facilitate involvement;
Provide information and outreach to the public;
Conduct public consultation and involvement activities;
Review and use input and provide feedback to the public; and
Evaluate public involvement activities.

EPA is also releasing a document simultaneously with the document entitled, "Guidance for Implementing Public Involvement" that provides specific recommendation for accomplishing each of the seven steps. The guidance can be found on the Internet at http://www.epa.gov/publicinvolvement/policy2003/guidance.pdf. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

From Olympia:

ECOLOGY SEEKS PUBLIC COMMENT ON THE FINAL DRAFT EASTERN WASHINGTON STORMWATER MANUAL AND MODEL MUNICIPAL STORMWATER PROGRAM

On June 4, 2003, Ecology published a notice (WSR 03-11-096) in the Washington State Register announcing that the Eastern Washington Stormwater Manual (EWSM) is available for public review and comment. The EWSM is intended to serve as a commonly accepted standard for the management of stormwater in Eastern Washington. Ecology developed the EWSM with the assistance of a steering committee and consultant. The public comment period on the first draft EWSM and Model Municipal Stormwater Program (MMS) which describes a regional and environmental stormwater program that can be implemented by local government was held last fall. Based on comments from the first draft, Ecology has prepared the final draft EWSM.

Ecology held public workshops in several cities throughout the state on the EWSM including in Spokane on June 23, 2003, in Tri-Cities on June 25, 2003, and in Ellensburg on June 26, 2003. The MMS has been completed and will be published in late July or early August 2003. The EWSM and MMS can be found on the Internet at http://www.ecy.wa.gov/programs/wq/stormwater/. Comments on the EWSM must be received by Ecology on or before August 18, 2003. For more information, email or callMarsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

Briefly:

On June 10, 2003, EPA released a draft workbook entitled, "Underground Storage Tank Environmental Results Program Workbook (workbook)", which is designed to: help owners and operators of underground storage tanks comply with federal regulations, help states develop and implement environmental protection programs and help owners and operators of regulated tanks to participate in EPA's Environmental Results Program. The workbook contains regulatory requirements, best management practices, and compliance checklists for underground tanks. EPA plans to release the final workbook in the fall 2003. The workbook can be found on the Internet at http://www.epa.gov/swerust1/oustnews.htm.
On June 11, 2003, the Department of Transportation (DOT) published a proposed rule (68 FR 34880) in the Federal Register to change hazard communication requirements of the hazardous materials regulations, particularly revisions to specifications for labels and placards. The revisions are being proposed, in part, to respond to petitions filed by 6 industry groups and public safety agencies asking that EPA make rule changes to labels and placards. Comments on the proposed rule must be received by EPA on or before August 11, 2003.
On June 20, 2003, EPA published a final rule (68 FR 36927) in the Federal Register revising 40 CFR Part 761 to reinstate a cleanup standard for polychlorinated biphenyls (PCBs). Under the reinstated cleanup standard, any person may use porous surfaces contaminated by liquid PCB spills at concentrations less than 10 micrograms per 100 cubic meters, however, porous surfaces contaminated with PCBs in larger amounts would have to be cleaned up. EPA is taking this action to comply with a U.S. Court of Appeals for the District of.Columbia Circuit decision in the case Utility Solid Waste Activities Group v EPA, 236 F.3rd 749, 51 ERC 1961 (D.C. Cir. 2001); 21 DEN A-8, 1/31/01. EPA was sued by Utility Solid Waste Activities Group who asserted that the Agency changed the standard without public notice and comment as required by the Administrative Procedures Act. The cleanup standard was part of a final rule EPA promulgated in 1998 amending the PCB disposal regulation. The final rule became effective June 20, 2003.
On June 23, 2003, EPA published a final rule (68 FR 37334) in the Federal Register making clarifications to 40 CFR Part 63 Section 112(l), Approval of State Programs and Delegation of Federal Authorities". The final rule clarifies which parts of the existing National Emission Standards for Hazardous Air Pollutants(NESHAP) can be delegated to State, Local and Tribal (S/L/Ts) agencies and those that EPA will retain. According to the rule, a section on implementation and enforcement is being added to each NESHAP that describes authorities that will not be delegated. S/L/Ts will have flexibility in approving certain changes in testing, monitoring, reporting and recordkeeping requirements and in implementing a requirement, however, they will not be able to change any requirement itself. The final rule becomes effective August 22, 2003.
On June 23, 2003, EPA released a document entitled, "Draft Report on the Environment 2003 (draft report)". This is the first national report on the environment EPA has ever published describing its achievements during the past thirty years to protect human health and the environment. The draft report is intended to provide a roadmap for EPA policy and budget priorities. EPA began working on the report in 2001 with the assistance of numerous federal and state agencies as well as private groups. The draft report can be found on the Internet at http://www.epa.gov/indicators.
EPA Region 10 recently indicated that it is negotiating with federal dam operators on the Columbia River to take action to reduce water temperatures on the river. This is part of the process for establishing total maximum daily loads (TMDLs) on the Columbia River and Lower Snake River systems. The Columbia River is listed as an impaired waterbody under the Clean Water Act (CWA) since it has elevated temperatures in the summer and fall months. These elevated temperatures are caused by slack water in reservoirs behind dams on the river. EPA indicated that draft plans on the TMDL allocations among the dams and actions that dam operators might take to reduce temperatures will be released this fall. Information on the Columbia River TMDL for temperature can be found on the Internet at http://yosemite.epa.gov/R10/water.hsf.
On June 27, 2003, EPA published a final rule to take action on the March 1, 2001 (66 FR 12872), proposal to amend the State Operating Permits Program and the Federal Operating Permits Program. The final rule responds to a decision by the U.S. Court of Appeals for the District of Columbia Circuit on a lawsuit filed by the Natural Resources Defense Council (NRDC v EPA, 194 F.3d 130, D.C. Cir. 1999) remanding to EPA those revisions to the compliance certification requirements that accompanied promulgation of the compliance assurance monitoring (CAM) rule (62 FR 54900) published in the Federal Register on October 22, 1997 and that tailored the ongoing compliance certification to the monitoring imposed by the CAM. The Court ruled that the compliance certification must include whether a facility or source has been in continuous or intermittent compliance. EPA is removing the language in the 1997 regulatory revision that addresses this requirement and is replacing it with provisions required by statute. The final rule became effective June 27, 2003.
EPA's Office of Enforcement and Compliance Assurance (OECA) recently released a document entitled, "Guidance on the Use of Environmental Management Systems (EMS) in Enforcement Settlements as Injunctive Relief and Supplemental Environmental Projects". The guidance reiterates OECAs support for the use of EMSs by all sizes and types of organizations as well as promotes EMSs as a potentially valuable tool for maintaining compliance, achieving beyond-compliance results and minimizing environmental impacts in non-regulated areas. The OECA encourages the incorporation of EMSs as injunctive relief in enforcement settlements when necessary. The guidance also discusses the waiver of the pre-approval requirement to speed up the process of approving EMSs as supplemental environmental projects. The guidance can be found on the Internet at http://cfpub.epa.gov/compliance/resources/publications/incentives/ems/.

*FEDERAL/STATE*
	*REGISTER REVIEW*

68 FR 32801: On June 2, 2003, EPA published a notice of proposed rulemaking to establish two discrete frameworks to implement the 8-hour ozone national ambient air quality standard (NAAQS). The proposed rulemaking will allow States to know which statutory requirements apply for purposes of developing State implementation plans (SIPs) under the Clean Air Act (CAA). Comments on the proposed rulemaking must be received by EPA on or before August 1, 2003.

68 FR 33121: On June 3, 2003, EPA published a notice announcing that a stakeholder meeting on issues associated with hazardous waste management in research and/or academic laboratories was being held June 18, 2003, in Washington, D.C. The purpose of the meeting is to present EPA's progress on waste management issues in research and academic labs and solicit input on approaches for addressing these issues. Comments on the issues must be received by EPA on or before July 18, 2003.

68 FR 33129: On June 3, 2003, EPA published a notice announcing that it was finalizing revisions to certain parts of its policy statement entitled, "Statement of Interpretation and Enforcement Policy; Notification of Substantial Risk" issued March 16, 1978.

68 FR 33284: On June 3, 2003, EPA published a notice of proposed rulemaking to list n-propyl bromide (nPB) as an acceptable substitute for ozone-depleting substances in the solvent cleaning sector and aerosol solvents and adhesive end uses under EPA's Significant New Alternatives Policy program of the CAA. Comments on the proposed rulemaking must be received by EPA on or before August 4, 2003.

68 FR 33429: On June 4, 2003, EPA published a notice announcing the availability of DOE documents applicable to characterization of TRU radioactive waste at the Hanford site proposed for disposal at the WIPP (see article, this edition) and soliciting public comments. Comments on the documents must received by EPA on or before July 7, 2003.

68 FR 33946: On June 6, 2003, EPA published a notice announcing that it is issuing a new Public Involvement Policy (see article, this edition). The Policy can be found on the Internet at http://www.epa.gov/publicinvolvement.

68 FR 34821: On June 11, 2003, EPA published a final rule approving most but not all of the State of Washington's SIP revisions for visibility submitted by Ecology on November 5, 1999. The final rule becomes effective July 11, 2003.

68 FR 34880: On June 11, 2003, the DOT published a proposed rule amending the hazard communication requirements of the hazardous materials regulations, particularly revisions to specifications for labels and placards (see briefly, this edition). Comments on the proposed rule must be received by EPA on or before August 11, 2003.

68 FR 35207: On June 12, 2003, EPA published a notice announcing that it has forwarded an Information Collection Request (ICR) on NESHAP for Mercury to the Office of Management and Budget (OMB) for review and approval. Comments on the ICR must be received by EPA on or before July 14, 2003.

68 FR 35884: On June 17, 2003, EPA published a notice announcing that a document entitled, "Interim Guidance (IG) for Community Involvement in Supplemental Environmental Projects" is available. The IG is intended to encourage EPA staff to involve communities in supplemental environmental projects. The IG can be found on the Internet at http://www.epa.gov/compliance/resources/policies/civil/seps/sepcomm2003-intrm.pdf.

68 FR 36749: On June 19, 2003, EPA published a final rule making minor amendments to the Agency's final rule published December 18, 2001 implementing Section 316(b) of the Clean Water Act for new facilities that use water withdrawn from rivers, streams, lakes, reservoirs, estuaries, oceans or other waters of the US for cooling purposes. The final rule becomes effective July 21, 2003.

68 FR 36985: On June 20, 2003, EPA published a notice announcing that the document entitled, "Air Quality Criteria for Particulate Matter" will be available on June 30, 2003, for public review and comment. The purpose of the document is to provide an assessment of the latest scientific information on the effects of airborne particulate matter for use in EPA's current review of the National Ambient Air Quality Standards for PM.

68 FR 36927: On June 20, 2003, EPA published a final rule revising the language in 40 CFR Part 761 on PCBs to conform with a court decision vacating the portion of the 1999 amendment which pertained to the porous materials use authorization (see briefly, this edition). The final rule became effective June 20, 2003.

68 FR 36981: On June 20, 2003, EPA published the Office of Management and Budget responses to EPA's Information Collection Requests.

68 FR 37334: On June 23, 2003, EPA published a final rule clarifying which parts of the existing NESHAP contain authorities that can be delegated to S/L/Ts (see briefly, this edition). The final rule will become effective August 22, 2003.

68 FR 38159: On June 26, 2003, EPA published a final rule to stay its authority to determine that the 1-hour national ambient air quality standard for ozone no longer applies in areas that meet that standard. The final stay will ensure that the 1-hour standard remains in place nationwide until EPA issues a new rule governing how and when the 1-hour standard should be removed. The final rule becomes effective August 25, 2003.

68 FR 38517: On June 27, 2003, EPA published a final rule on a March 2001 proposal to amend the State Operating Permits Program and the Federal Operating Permits Program (see briefly, this edition). The final rule became effective June 27, 2003.

68 FR 38973: On June 30, 2003, EPA published a proposed rule to amend the transportation conformity rule to address the March 2, 1999, ruling by the Court of Appeals for the District of Columbia Circuit (Environmental Defense Fund v EPA, et al., 167 F. 3d 641, DC Cir. 1999). EPA proposes to incorporate into the transportation conformity rule the EPA and DOT guidance that has been used in place of certain regulatory provisions of the rule since the March 1999 court decision. Comments on the proposed rule must be received by EPA on or before July 30, 2003.

WSR 03-11-096: On June 4, 2003, Ecology published a notice soliciting public comments on the final draft Eastern Washington Stormwater Manual and Model Municipal Stormwater Program (see article, this edition). Ecology also announced that it has scheduled public meetings in various cities throughout Washington in June 25, 2003, from 4:30 pm to 6:30 pm. Comments on the final draft must be received by Ecology on or before August 18, 2003.

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