Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 23, Number 3 - March 9, 2001

From Washington D.C.:

EPA ISSUES DIRECT FINAL RULE AMENDING THE FEDERAL AND STATE OPERATING PERMITS PROGRAMS

On March 1, 2001, EPA published a direct final rule (66 FR 12872) in the Federal Register amending the Federal and State Operating Permits Program under 40 CFR Parts 70 and 71 of the Clean Air Act (CAA). The amendments are being made in response to a decision by the U.S. Court of Appeals for the District of Columbia on petitions filed by the Natural Resources Defense Council, Inc. (NRDC) and the Appalachian Power Company (APC) et al. The NRDC and the APC had filed petitions challenging several aspects of the Compliance Assurance Monitoring (CAM) rule. The Court dismissed most of the petitioners' challenges but remanded the portion of the CAM rule pertaining to continuous or intermittent compliance certification back to EPA for revision.

In the direct final rule, EPA has made changes to comply with the Court's remand by adding text to sections 70.6(c)(5)(iii)(B) and 71.6(c)(5)(iii)(B) that require the responsible official for the affected facility to include in the annual compliance certification whether compliance during the period was continuous or intermittent. EPA has also made a change to guidance entitled, "CAM Rule Implementation Questions and Responses," to reflect the Courts decision. The direct final rule will become effective on April 30, 2001, unless EPA receives adverse comments on or before April 2, 2001, or receives a request for a hearing by March 16, 2001. In the event EPA receives adverse comments, EPA has published a proposed rule amendment (66 FR 12916) elsewhere in the same Federal Register. Kirk Peterson, with the Fluor Hanford Compliance Field Services organization, is currently evaluating the impacts of this direct final rule on Hanford. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364.

From Olympia:

ECOLOGY ADOPTS FINAL AMENDMENTS TO THE MODEL TOXICS CONTROL ACT REGULATION

On February 12, 2001, Ecology adopted the final amendments to the Model Toxics Control Act (MTCA) regulation that will become effective August 15, 2001. Ecology set the effective date six months from the adoption in order to develop guidance on parts of the rule still needing clarification. At the same time the final rule was adopted, Ecology released the final Environmental Impact Statement, Estimates of Probable Costs and Benefits, Least Burdensome Alternative Analysis, and Concise Explanatory Statement with Appendices. The rulemaking ends a 5-year rulemaking effort by Ecology to revise the MTCA regulation. Amendments to the rule include:

• Addition of new ecological risk assessment provisions;
• Clarification on the use of a quantitative risk assessment in evaluating alternatives being considered during the feasibility study and in establishing cleanup levels;
• Authorizing Ecology to develop model remedies;
• Addition of new or changes to some existing cleanup/contamination standards for various contaminants;
• Clarification on the development of remediation levels and the remedy selection process;
• Incorporation of current Ecology policies and guidances into the rule, such as current policies on the statistical methods for determining compliance and delisting of sites; and
• Addition of new soil to ground water standards.

Businesses in Washington continue to have major concerns with the rule and are considering seeking a legal or legislative fix. The Association of Washington Business has discussed these concerns with legislators who are scheduling a hearing soon with the House Agriculture and Ecology committee to hear these concerns. The final rule can be obtained from the Internet at http://www.ecy.wa.gov/laws-rules/activity/wac173340.html. For more information, email or call Barry L Vedder at (509) 372-9444.

ECOLOGY PUBLISHES PROPOSED CHANGES TO AIR REGULATIONS

On February 21, 2001, Ecology published proposed rule amendments to Chapter 173-400 WAC, the General Regulations for Air Pollution Sources, and Chapter 173-401 WAC, the Air Operating Permit regulation in the Washington State Register. The purpose of the proposed rule is to make the air rules consistent with federal regulations and to clarify and streamline agency procedures. The amendments include:

• Changes to the New Source Review requirements for major stationary sources to comply with federal requirements including new visibility protection standards and amendments to the best available retrofit technology program;
• Updating of definitions for consistency and clarity with federal rules;
• Changes to five National Emission Standards for Hazardous Air Pollutants;
• Addition of new Maximum Air Control Technology standards for marine tank vessel loading operations and kraft, soda, sulfite, and stand-alone semi-chemical pulp mills;
• Changes to portions of the rule to improve clarity and usability;
• Changes to the report dates of the air operating permit program requirements; and
• Addition of new, New Source Performance Standards for small municipal waste combustion units and commercial and industrial solid waste incinerators.

Ecology has scheduled several public hearings throughout the state including a hearing in Spokane on March 13, 2001, at 7 pm at the Spokane County Public Health Center, Room 140, West 1101 College Avenue, and in Olympia on March 15, 2001, at 7 pm at the Department of Ecology Headquarters office. Comments on the proposed rule must be received by Ecology on or before March 26, 2001. Kirk Peterson with the Fluor Hanford Compliance Field Services organization, is currently reviewing the proposed rule to determine its impact at Hanford. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364.

Briefly:

• EPA recently released two guidance documents entitled, "Soil Screening Guidance for Radionuclides: Technical Background Document," and "Soil Screening Guidance for Radionuclides: User's Guide." The Soil Screening guidance for radionuclides is a tool EPA has developed to standardize and accelerate cleanup of soil contaminated with radionuclides at sites where a future residential land use scenario is anticipated. The guidance provides a methodology that can be used to calculate risk-based, site-specific, soil screening levels for radioactive contaminants in soil that may be used to identify areas needing further investigation. The guidance documents can be obtained from the Internet at http://www.epa.gov/superfund/resources/radiation/radssg.htm.
• EPA is in the process of developing regional temperature criteria guidance for the waters of Washington and other states in the Northwest. In March, EPA along with Washington, Oregon, Idaho, the U.S. Fish and Wildlife Service, and the National Marine Fisheries Service will be holding three workshops to allow the public to preview the technical papers these entities have written on temperature and solicit input on the criteria guidance. The guidance focuses on analyzing the most current and relevant scientific information related to water temperature and its effect on native salmonids. The overall goal of the project is for the States and Tribes in the Pacific Northwest to use this guidance when developing their temperature standards. The workshop in Washington will be held on March 12, 2001, from 1 pm to 4 pm at the Ecology Headquarters Office Auditorium in Lacey. A summary of technical issues, as well as an overall synthesis paper, can be obtained at http://www.epa.gov/r10earth/water.htm.
• EPA will be holding Emergency Planning and Community Right to Know (EPCRA) and Pollution Prevention Act (PPA) Training workshops throughout the U.S. during the spring of 2001. The workshops are intended to assist people who prepare the annual EPCRA reports for their organizations on release and other waste management information as required by EPCRA and PPA. A workshop will be held in Moses Lake on May 18, 2001, and in Seattle on May 23-24, 20001. For more information about these workshops, go to http://www.epcra-tri.com.
• EPA recently announced that a report entitled, "Options for Development of Parametric Probability Distributions for Exposure Factors (EPA/600/R-00/058, July 2000)," is available. This report contains procedures for applying probabilistic techniques in exposure assessments and is a companion document to the "Exposure Factors Handbook" published in 1997. Copies of the report can be obtained from the Internet at http://www.epa.gov/ncea.
• On February 28, 2001, EPA published an advanced notice of proposed rulemaking (ANPR)(66 FR 12746) in the Federal Register announcing that it intended to develop a rule which would establish performance standards for assuring the accuracy, record integrity, and accessibility of electronic reports and records for all recordkeeping requirements including any recordkeeping requirements affected by the electronic signatures in Global and National Commerce Act (E-Sign) of Chapter I, Title 40 CFR. E-Sign was enacted on June 30, 2000, and made electronic contracts, signatures, and records relating to transactions in or affecting interstate commerce legal documents. Comments on the ANPR must be received by EPA on or before March 30, 2001. Wayne Toebe with the Fluor Hanford Compliance Field Services organization, is currently evaluating this ANPR to determine its impacts Hanford. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359.
• On February 28, 2001, EPA published a notice (66 FR 12775) in the Federal Register announcing that it had forwarded an Information Collection Request (ICR) on Recordkeeping and Reporting Requirements for Air Emission Standards for Tanks, Surface Impoundments and Containers under RCRA Subpart CC to the Office of Management and Budget (OMB) for review and approval. RCRA subpart CC requires controls for minimizing release of volatile organic air emissions from tanks, surface impoundments, and containers holding hazardous waste. Recordkeeping and reporting are required under subpart CC in order for EPA to determine that facilities are complying with the air quality standards and that the standards are being implemented and maintained. EPA is requesting an extension of the currently approved ICR, which expired February 28, 2001. Comments on the ICR must be received by EPA on or before March 30, 2001. Wayne Toebe with the Fluor Hanford Compliance Field Services organization, is currently evaluating the ICR to determine its impacts on Hanford. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359.
• On February 28, 2001, EPA published a notice (66 FR 12780) in the Federal Register announcing that it was reopening the comment period on proposed test method, Method 203, Part 51, Appendix M, to allow the public an opportunity to provide updated comments. Method 203 was originally published as a proposed test method for determining compliance with stationary source opacity emission limitations (57 FR 46114) in the Federal Register on October 7, 1992. Method 203 specifies quality assurance requirements and procedures that must be preformed by the continuous opacity monitoring systems (COMS) operator after the initial demonstration of compliance with Performance Specification 1 (PS-1). PS-1 outlines the design and performance requirements of COMS. Comments on Method 203 must be received by EPA on or before March 30, 2001. Kirk Peterson, with the Fluor Hanford Compliance Field Services organization, is currently evaluating this notice to determine if it impacts Hanford. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364.