|Dedicated to the Goal of
100% Environmental Compliance|
Volume 18, Number 14 - June 13, 1997
Because of holidays and vacations schedules, the next Hanford Environmental
Report will not be issued until July 18 the third Friday in July. All
subsequent issues will be issued on the second Friday of every month as per the
From Washington D.C.:
EPA RELEASES DRAFT FINAL AMENDMENTS TO THE POLYCHLORINATED
BIPHENYLS (PCBs) RULE
EPA recently released its draft final amendments to the PCB rule, known as
the PCB Mega-Rule, under the Toxic Substances Control Act. These amendments are
based on comments EPA received from the publication of two notices in the
Federal Register (56 FR 26738 on June 10, 1991 and 59 FR 62788
on December 6, 1994) requesting public input. EPA believes the rules will
result in eliminating duplications with other rules, in significant cost-savings
and in streamlined procedures that will be self-implementing. This draft final
rule addresses the manufacture, processing, distribution, use, remediation,
storage and disposal of PCBs and includes provisions that:
- establish additional alternatives for remediation and disposal of PCBs;
- establish standards and procedures for disposing of remediation waste and
certain products manufactured with PCBs;
- establish procedures for determining PCB concentration;
- establish standards and procedures for decontamination of PCBs; and
- updates marking, recordkeeping and reporting requirements.
The draft final rule also codifies policies that EPA has developed and
implemented for a number of years. EPA has released this rule prior to
publication in the Federal Register in order to give DOE an opportunity to
provide input. Roni Swan
(509/376-0967) and Tom Quayle
(509/376-376-5223) with FDH Environmental Protection are coordinating comments
for Hanford. Send your comments to them by June 20, 1997.
UPDATE ON ECOLOGY'S TRIENNIAL REVIEW OF SURFACE WATER QUALITY
In 1994, Ecology began its surface water quality rulemaking process with a
public scoping meeting to determine the issues that would be included. As a
result of this scoping process, Ecology formed advisory committees to address
the various rules to be revised and prepared draft changes to these rules. In
1996, Ecology held public workshops to discuss the changes and to ask for public
input. In response to this input, Ecology has drafted proposed rules and will
be holding public hearings on them. At the hearings, Ecology will be seeking
comment on the proposed rules including revisions:
- to allow for short-term modification of the water quality criteria;
- to improve the accuracy of conversion factors used to describe dissolved
metals regulated under the surface water quality standards;
- to adjust the criterion for ammonium, cyanide, and copper;
- to clarify the definition of natural background conditions; and
- to clarify the compliance schedule section so that narrative interim limits
may also qualify.
Ecology will also be discussing guidance on establishing nutrient criteria
for lakes and proposed revisions to the definition of "waters of the state"
to include wetlands. Public hearings on these revisions will be held on July 8,
1997, in Lacey, at the Department of Ecology Headquarters Office, 300 Desmond
Drive, from 7 pm to 9 pm; and on July 10, 1997, in Spokane, at the Spokane
County Health Building, 1101 College Avenue, Room 140 from 7 pm to 9 pm.
Comments on these proposed revisions must be received by Ecology by July 11,
1997. Other rule revisions Ecology is working on as part of the triennial
review are the implementation plan for the antidegradation policy and a plan to
restructure the current water quality standards to a use-based structure.
Ecology will be discussing these at the public hearings later on this year. For
more information, contact Jay
Kapadia (509/373-4932) with FDH's Environmental Protection.
GOVERNOR SIGNS REGULATION REFORM AND OTHER BILLS
Governor Locke recently signed several Bills that were previously reported
in the HER. These Bills will have both a direct and potential impact on
operations at Hanford and include:
- Engrossed Substitute House Bill 1792. This Bill has a
major impact at Hanford in that it was written specifically to require Ecology
to develop a technology certification program for radioactive and mixed waste
remediation. The Bill is intended to streamline permitting processes and
encourage the use of environmental technologies at the site. Governor Locke
signed the Bill on May 19, 1997. It will become effective on July 27, 1997.
- Engrossed Second Substitute House Bill 1866. This Bill
is intended to create a voluntary program that would allow state agencies to
enter into agreements with regulated entities to use innovative measures or
strategies to achieve environmental results more effectively and efficiently.
It is similar to EPA's XL program. Governor Locke signed the Bill, in part, on
May 15, 1997. The sections of the Bill the Governor vetoed addressed provisions
on conditions for termination of agreements, exemption of agreements from the
State Environmental Policy Act, and a section which would potentially allow
degradation of the state's water quality. Governor Locke signed the Bill on May
15, 1997. It will become effective on July, 27, 1997.
- Engrossed Second Substitute House Bill 1032. This Bill
reintroduced language on regulatory reform that was not passed in the previous
legislative session. It is intended to improve rulemaking by:
Locke signed the Bill, in part, on May 19, 1997. The sections of the Bill the
Governor vetoed addressed provisions including limiting the authority of the
Forest Practices Board and the Office of the Insurance Commissioner, clarifying
the difference between rules and other documents that an agency issues, and
requiring agencies to review all newly adopted rules within seven years. The
Bill will become effective on July 27, 1997.
- allowing for an expedited rule adoption process,
- providing better advanced notice of rulemaking,
- improving opportunities for expedited repeal of rules,
- encouraging all state agencies to review their rules, and
- encouraging state agencies to consolidate rules on the same subject.
For copies of these Bills including Governor Locke's reasons for vetoing
sections of the Bills, contact Marsha
Beery (360/493-0843) with FDH's Environmental Protection.
|Note: For electronic copies of Federal
Register (FR) items or hard copies of Washington State Register
(WSR) items listed here, call or email JoAnn
- 62 FR 24055
- On May 2, the Department of Transportation
published its final rule establishing two informational sections in 49 CFR 107
and 190. The new sections describe how interested parties can obtain telephone
assistance on hazardous materials and pipeline safety issues; and publishes
telephone numbers and Internet addresses for those wanting information on these
programs. The final rule became effective on May 2, 1997.
- 62 FR 27968
- On May 22, EPA published its final rule that
revises the format for materials that states submit which are incorporated by
reference into their state implementation plans. This revision will affect the
"Identification of plan" sections under 40 CFR Part 52. The revision
became effective May 22, 1997.
- 62 FR 28009
- On May 22, DOE published a notice announcing its
intent to prepare an Environmental Impact Statement (EIS) on the disposition of
U.S. weapons-usable surplus plutonium. The EIS will discuss alternatives and
potential environmental impacts for the proposed siting, construction, and
operation of three types of facilities for plutonium disposition. Comments must
be received by the DOE by July 18, 1997.
- 62 FR 29118
- On May 29, the Defense Nuclear Facilities Safety
Board (DNFSB) made a recommendation (Recommendation 97-2) to the Secretary of
Energy on continuing criticality safety at DOE defense nuclear facilities.
Comments on this recommendation must be received by the DNFSB by June 30, 1997.
- WSR 97-10-092
- On May 21, Ecology published a pre-proposal
statement of inquiry announcing that rulemaking to amend the Model Toxic Control
Act (MTCA) rule has begun. The rule is being revised as a result of
recommendations by the Policy Advisory Committee established by Engrossed
Substitute House Bill 1810 to reform the MTCA rule. Comments on the rulemaking
must be received by Ecology by June 4, 1997.
- WSR 97-10-093
- On May 21, Ecology published a pre-proposal
statement of inquiry announcing that rulemaking on Chapter 173-160 WAC, the
Minimum Standards for Construction of Water Wells has begun. The rule is being
revised as a result of legislation that amended Chapter 18.104 RCW, the Water
Well Construction Act.
- WSR 97-10-091
- On May 21, Ecology published an emergency rule
to establish criteria under which it may prioritize processing of applications
for water rights or applications to change or transfer water rights for public
health or safety emergency. In the case, Hillis vs. Ecology, the Washington
State Supreme Court found that Ecology's policies and procedures for workload
organization and management are subject to rulemaking. The effective date of
the rule is immediate.
Fluor Daniel Hanford Company
420 Golf Club Road, Suite
Lacey, WA 98503
|These reports are issued monthly and can be found at this web site
on the second Friday of each month.|
|Information in the Hanford Environmental Report is taken from the
federal/state registers and newsletters/focus sheets distributed by the
Washington State Department of Ecology. It provides up-to-date federal and
state environmental regulatory information and interpretations, to educate
Hanford personnel and other interested parties on any new requirements.|
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