Hanford
Environmental
Report
Dedicated to Environmental Compliance

Volume 22, Number 3 - March 10, 2000

From Washington D.C.:

EPA ISSUES PROPOSED RULE TO DEFER CERTAIN POLYCHLORINATED BIPHENYLS FROM THE PHASE IV LAND DISPOSAL RESTRICTION STANDARDS

On February 16, 2000, EPA published a proposed rule in the Federal Register (65 FR 7809) to temporarily defer the requirement that polychlorinated biphenyls (PCBs) be considered an underlying hazardous constituent when they are present in soils that exhibit the Toxicity Characteristic for metals from the Phase IV Land Disposal Restriction (LDR) standards. Under the Phase IV LDR standards issued in May 26, 1998, EPA required PCBs that are underlying hazardous constituents in metal wastes to be cleaned up to 10 part per million or less. Since the rule became effective, facilities have complained that they can't meet the 10 ppm standard stating that wastes containing metals and wastes containing PCBs must be treated in different ways. The proposed rule is intended to remedy this problem as well as settle part of a lawsuit brought by the Association of Battery Recyclers vs EPA (D.C. CIR., No. 98-1368). This lawsuit challenges EPA's jurisdiction to regulate mineral processing wastes.

The proposed rule is also intended to address a conflict between how PCBs are regulated under RCRA verses how they are handled under Toxic Substances Control Act (TSCA). In the proposed rule, EPA is temporarily retracting the RCRA LDR standard in order to take a second look at the relationship between these two rules. Wayne Toebe with Compliance Field Services is currently determining how this rule will impact Hanford. Comments on the proposed rule must be received in EPA by April 3, 2000. For information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford at (509) 372-2359.

FEDERAL APPEALS COURT SETTLES CORRECTIVE ACTION MANAGEMENT UNIT LAWSUIT

On February 11, 2000, the U.S. Court of Appeals for the District of Columbia settled a lawsuit brought by the Environmental Defense Fund; Environmental Technology Council (a waste treatment industry trade group) and the Natural Resource Defense Council against EPA on the final corrective action management unit (CAMU) rule (Environmental Defense Fund vs EPA, D.C. Cir., No 93-1316 and No. 99-1077, 2/11/00).

The CAMU rule was finalized in February 1993 and allows facilities to consolidate and remediate contaminated media in designated areas without triggering treatment and minimum technology requirements under the Land Disposal Restriction (LDR) standards of RCRA. The litigants in the lawsuit challenged the rule arguing that RCRA does not provide the regulatory flexibility that EPA offered in the CAMU rule. The settlement would:

The adjustment factors would be used in situations where EPA may require cleanups to be more or less stringent than the LDR standards. The settlement also grandfathers in existing approved CAMUs and those that have substantially moved through the approval process. EPA must publish a proposed rule based on the settlement by August 7, 2000, and issue a final rule by October 8, 2001. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

From Olympia:

ECOLOGY RELEASES A DRAFT NEW SOURCE REVIEW RULE On February 29, 2000

On February 29, 2000, Ecology released a draft amendment to the new source review (NSR) provisionof Chapter 173-400 WAC, General Regulations for Air Pollution Sources and Chapter 173-460 WAC, Controls for New Sources of Toxic Air Pollutants. In the draft amendment, Ecology has combined the NSR provisions of these two rules into a new chapter, Chapter 173-465 WAC. Additionally, Ecology is proposing amendments including:

A copy of the rule can be downloaded from the Internet at http://www.wa.gov/ecology/leg/wac173460/NSR02draft.htm. Kirk Peterson with Compliance Field Services and Rodger Woodruff with PNNL are the contacts for this rulemaking and will be preparing comments on the draft rule to submit to Ecology. For information, email or call Kirk_A_Peterson@rl.gov of Fluor Hanford at (509) 372-2364 or Rodger Woodruff of PNNL at (509) 373-6396.


FEDERAL/STATE
REGISTER REVIEW
65 FR 4919
On February 2, 2000, EPA published a proposed rule to revise the Water Quality Planning and Management regulation to remove the requirement that States, Territories, and authorized tribes submit a list of impaired and threatened waterbodies to EPA for review by April 1, 2000. Comments on this proposed rule must be received in EPA by March 3, 2000.
65 FR 7290
On February 14, 2000, EPA published a direct final rule to amend the air operating permits regulation. The amendment extends all operating permit program interim approvals to June 1, 2002. The direct final rule amendments become effective March 30, 2000, unless EPA receives adverse comments before March 15, 2000. Elsewhere in this federal register, EPA has published a proposed rule (65 FR 7333) in the event EPA receives adverse comments.
65 FR 7297
On February 14, 2000, the Department of Transportation published a final rule amending the statutorily mandated registration and fee assessment program for persons who transport or offer for transport certain categories and quantities of hazardous materials. The final rule is intended to increase funding for the national Hazardous Materials Emergency Preparedness grants program. The final rule becomes effective May 1, 2000.
65 FR 7310
On February 14, 2000, the DOT published a final rule amending the Hazardous Materials Regulation by revising the "List of Hazardous Substances and Reportable Quantities" that appears in Appendix A of the Hazardous Materials Table. The intended effect of this action is to enable shippers and carriers to identify CERCLA hazardous substances. The amendment becomes effective August 14, 2000.
65 FR 7333
On February 14, 2000, EPA published a proposed rule amending the air operating permit rule promulgated on July 21, 1992. The amendment would extend all operating permit program interim approvals until June 1, 2002. Comments on the proposed rule must be received in EPA by March 15, 2000.
65 FR 7390
On February 14, 2000, EPA published a notice announcing that an Information Collection Request (ICR) on 40 CFR Part 70, Air Operating Permits regulations, has been forwarded to the Office of Management and Budget (OMB) for review and approval. Comments on the ICR must be received in EPA by March 15, 2000.
65 FR 7550
On February 15, 2000, EPA published a notice announcing that draft guidance entitled, "Risk Assessment Guidance for Superfund Volume 3 Part A: Process for Conducting Probabilistic Risk Assessment" is available for public review and comment. The draft guidance is available on the Internet at http://www.epa.gov/superfund/pubs.htm#r. Comments must be received in EPA by April 21, 2000.
65 FR 7809
On February 16, 2000, EPA published a proposed rule to temporarily defer a portion of the rule applying LDR under RCRA to underlying hazardous constituents (UHC) in soils contaminated with certain characteristic hazardous wastes (see article, this edition). Comments on the proposed rule must be received in EPA by April 3, 2000.
65 FR 8699
On February 22, 2000, EPA published a notice announcing that it was submitting an ICR on the LDR No-Migration Variances to OMB for review and approval. Comments on the ICR must be received in EPA by April 24, 2000.
65 FR 10025
On February 25, 2000, EPA published a notice announcing that it was extending the comment period for the interim final rule published January 6, 2000 which allocated essential use allowances for ozone-depleting substances for calendar year 2000. The comment period has been extended until March 27, 2000. Comments must be received in EPA by that time.
65 FR 10061
On February 25, 2000, Energy published a record of decision designating the Hanford site and the Nevada test site as the disposal areas for low level radioactive waste analyzed in the Waste Management Programmatic Environmental Impact Statement (WMPEIS). Energy has also decided to treat mixed low-level waste analyzed in the WMPEIS at Hanford, the Idaho National Engineering and Environmental Laboratory, the Oak Ridge Reservation, and the Savannah River Site and to dispose MLLW at the Hanford site and the Nevada Test site. Copies of the WMPEIS and the ROD can be obtained from the Center for Environmental Management Information, P.O. Box 23769, Washington, D.C., 20026-3769.
WSR 00-04-088
On February 16, 2000, the Department of Health published a proposed rule amending Chapter 246-243 WAC and 246-235 WAC, Industrial Radiographic Operations and Chapter 246-221WAC Prior Occupational Dose. The amendments will bring radiation protection regulations into conformance with the US Nuclear Regulatory Commission rules. Comments on the proposed rule must be received in EPA by March 9, 2000.

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