Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 24, Number 3 - March 8, 2002

From Washington, D.C.:

EPA SOLICITS PUBLIC COMMENT ON DRAFT GUIDANCE MEMO ON COMPLETION OF CORRECTIVE ACTION ACTIVITIES AT RCRA FACILITIES

On February 27, 2002, EPA published a draft guidance memo (memo) (67 FR 9174) in the Federal Register entitled, "Completion of Corrective Action Activities at RCRA Facilities," for public review and comment. The memo provides guidance to EPA Regional Offices and authorized States in determining when a corrective action at a RCRA treatment, storage, and disposal facility is complete. It describes two types of completion determinations - "corrective action complete" and "corrective action complete with controls." In cases where regulators determine that the corrective action is complete, no additional cleanup or monitoring would be required and the site would be eligible for release from financial assurance. The owner or operator would then be able to transfer the property or in some cases return previously used commercial or industrial property to productive use. In the case where regulators determine that the corrective action is complete with controls, the regulator would recognize that cleanup work has been performed to the extent that human health and the environment are protected, but monitoring of the site and other controls would still be needed to ensure that there will be no harm caused in the future. Financial assurance would be maintained in this instance.

EPA is also soliciting public comment on certain issues including: (1) terminology the agency might use to describe the completion of corrective action determinations; (2) mechanisms, other than permits and orders, that might be used to implement institutional controls following a corrective action complete with controls decision; and (3) situations where a permit order could be eliminated because no additional action is required by the regulatory agency or site owner/operator to implement the remaining controls. Comments on the memo must be received by EPA on or before April 29, 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:

WASHINGTON COMPETITIVENESS COUNCIL RELEASES RECOMMENDATIONS ON HOW WASHINGTON CAN STAY GLOBALLY COMPETITIVE

The Washington Competitiveness Council (WCC) recently released a report with recommendations on how Washington can stay globally competitive. The WCC was formed by Governor Locke for the purpose of finding ways to eliminate roadblocks many companies face in trying to do business in Washington. The recommendations made were in the areas of taxes and fees, regulation and permitting, physical infrastructure and human capital and innovation. The recommendations on regulation and permitting include:

• Washington should create leadership to streamline and generally oversee the environmental regulatory process;
• The Department of Ecology must adopt a greater service ethic to improve employees' attitude in dealings with business and to improve the agency's accountability to those it serves;
• Washington should create a single state-government contact with which businesses can work as they decide whether to locate or expand in the state; and
• The Washington Administrative Procedures Act should be tightened to reduce agency discretion in the process for adopting rules that implement legislation.

Governor Locke has appointed Paul Isaki to work on the regulation and permitting recommendations. Paul is currently preparing a work plan and will be forming an implementation committee to assist him on these recommendations. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

2002 LEGISLATIVE UPDATE ON ENVIRONMENTAL BILLS

There are a number of environmental Bills working their way through the legislative process that may have an impact on Hanford. These Bills include:

• HB 1411. This Bill provides public notice of releases of hazardous substances.
• HB 2668/SB 6624. This Bill modifies well construction provisions.
• HB 2671. This Bill creates a permit assistance center in Ecology.
• HB 2716. This Bill requires cost and benefit assessment early in the rulemaking process.
• HB 2735/SB 2697. This Bill creates a joint task force on permit streamlining.
• HB 2847. This Bill improves water quality through sound storm water management.
• SB 6609. This Bill allows cost recovery in cases involving disputed Ecology studies.
• SB 6737. This Bill coordinates implementation of watershed plans.

These Bills can be found on the Washington legislative website is http://www.leg.wa.gov. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

Briefly:

• On February 12, 2002, Ecology released a 3rd draft of the amendments to the Minimum Functional Standards for Solid Waste Handling (MFS). The agency released this draft for informational purposes only because numerous people have been contacting the Agency asking about the status of the rules. Ecology is currently waiting for the Small Business Economic Impact Statement to be completed before rulemaking can continue. Although Ecology will be making minor changes to the draft, it has indicated that the language in this version is close to what will be submitted to the Code Reviser's office for publication in the Washington State Register as a proposed rule. The draft can be found on the Internet at http://www.ecy.wa.gov/laws-rules/activity/wac173304.html. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

• EPA recently announced that it has a new interactive website at http://cfpub1.epa.gov/npdes/?program_id=6 which contains information on the National Pollutant Discharge Elimination System (NPDES) program. The site allows easy access to information about the NPDES permitting program and gives both general interest and detailed information. It also allows the user to create and sort specialized lists of publications, guidance, and regulations.

• The National Watershed Forum recently released recommendations on protecting and restoring aquatic resources through local partnerships. Some of the recommendations include: develop a flexible, integrated and diversified national watershed strategy/delivery system; implement a national media campaign to highlight the importance of and foster general awareness of watershed issues; establish a clearinghouse to provide one-stop shopping that would enhance the flow of information; and undertake a concerted effort to address the issue of defining a healthy watershed. The recommendations are available on the Internet at http://www.epa.gov/owow/forum.

• On February 7, 2002, EPA published a notice (67 FR 5807) in the Federal Register announcing the Emergency Planning and Community Right to Know/Toxic Release Inventory 2002 Training Workshop schedule. The workshops will be held throughout the U.S. from March to June 2002 including a workshop on May 6-7, 2002, in Seattle at the EPA Region 10 office. The workshops are intended to assist persons preparing annual reports on releases of waste and other waste management activities. Information on the workshops can be found on the Internet at http://www.epa.gov/tri.

• On February 13, 2002, EPA published a notice (67 FR 6709) in the Federal Register announcing that a website containing letters from EPA responding to citizens who commented on alleged deficiencies in State and local air operating permit programs including Washington's is now available. The website is now available at http://www.epa.gov/air/oaqps/permits/response/. The website contains letters from EPA responding to citizens who commented on alleged deficiencies in State and local air operating permit programs, including Washington's. The comments were submitted during EPA's 90-day comment period from December 11, 2002, to March 12, 2002, on various State Title V deficiencies.

• On February 15, 2002, EPA published a notice (67 FR 7164) in the Federal Register announcing that eight new Acute Exposure Guideline Levels for Hazardous Substances (AEGLs) are available for public review and comment. These AEGLs include: carbon tetrachloride, propylene oxide, boron trifluoride-dimethyl ether, chlorine, uranium hexafluoride, chlorine dioxide, methyl nonfluorobutyl ether, and methyl nonafluoroisobutyl ether. The AEGLs are of interest to facilities that may be affected if the AEGL values are adopted by government agencies for emergency planning, prevention, or response programs such as EPA's Risk Management Program under the Clean Air Act. The AEGLs can be found on the Internet at http://www.epa.gov/.

• On February 27, 2002, DOE published a notice (67 FR 9048) in the Federal Register with the text of the letter from the Secretary of Energy to the President and recommendations by the Secretary on the suitability of the Yucca Mountain site in Nevada for development as a geologic repository for spent nuclear fuel and high-level radioactive waste. The notice also announces that documents including the Yucca Mountain Science and Engineering Report, Revision 1; the Final Environmental Impact Statement; Yucca Mountain Site Suitability Evaluation; impact reports from the State of Nevada and various counties; and the letter from the Nuclear Regulatory Commission that were forwarded with the recommendation are available electronically. The letter and documents can be found on the Internet at http://www.ymp.gov.

• Ecology recently released a draft summary report entitled, "The Washington Persistent Bioaccumulative and Toxics Chemical Working List (PBT Working List)," for public review and comment. The new PBT Working List contains 25 chemicals and chemical groups, which is up from the nine that were on the 2001 list. The PBT Working list includes chemicals that Ecology believes are of concern because of their PBT characteristics and will be focusing available resources on actions to reduce these types of chemicals. Initially Ecology will develop an action plan for mercury. Comments on the PBT Working list must be received by Ecology on or before September 30, 2002. For a copy of the draft, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

67 FR 5281

On February 5, 2002, EPA published a notice announcing that an Information Collection Request (ICR) on Water Quality Standards Regulations is being forwarded to the Office of Management and Budget (OMB) for review and approval. Comments on the ICR must be received by EPA on or before April 8, 2002.

67 FR 5596

On February 6, 2000, EPA published a notice announcing its intention to prepare a framework to use in developing comprehensive, cross-agency guidance for assessing the hazards and risks of metal and metal compounds and soliciting public comments. Comments on the framework must be received by EPA on or before February 20, 2002.

67 FR 5804

On February 7, 2002, EPA published a notice of OMB responses to Agency ICR requests.

67 FR 5806

On February 7, 2002, EPA published a notice that an ICR on Recordkeeping and Periodic Reporting of Production Import, Export, Recycling, Destruction, Transhipment and Feedstock Use of Ozone-depleting Substances is being forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before March 11, 2002.

67 FR 5807

February 7, 2002, EPA published a notice that it will be holding EPCRA/TRI training workshops throughout the U.S. spring 2002 (see briefly, this edition). Information on the workshops can be found on the Internet at http://www.epa.gov/tri.

67 FR 6351

On February 11, 2002, EPA published a final rule allocating essential-use allowances for import and production of class I stratospheric ozone depleting substances for calendar year 2002. The final rule became effective February 11, 2002.

67 FR 6519

On February 12, 2002, EPA published a notice announcing OMB responses to EPA ICR requests.

67 FR 6521

On February 12, 2002, EPA published a notice listing revisions to the list of categories of major and area sources of hazardous air pollutants emissions. The final list of categories became effective February 12, 2002.

67 FR 6661

On February 13, 2002, EPA published a notice announcing the availability of and soliciting public comment on DOE documents applicable to characterization of transuranic radioactive waste at Los Alamos National Laboratory proposed for disposal at the Waste Isolation Pilot Plant. Comments must be received by EPA on or before March 15, 2002.

67 FR 6709

On February 13, 2002, EPA published a notice announcing the availability of a website which has letters from EPA responding to citizens comments on alleged deficiencies in State and local air operating permit programs (see briefly, this edition). The website is located at http://www.epa.gov/air/oaqps/permits/response

67 FR 6792

On February 13, 2002, EPA published a final rule amending the standards to control emissions of hazardous air pollutants from incinerators, cement kilns and lightweight aggregate kilns that burn hazardous wastes. The final rule becomes effective February 13, 2002.

67 FR 6967

On February 14, 2002, EPA published a final rule amending standards for hazardous waste burning cement kilns, lightweight aggregate kilns and incinerators. The final rule becomes effective February 14, 2002.

67 FR 7164

On February 15, 2002, EPA published a notice providing AEGL values and executive summaries for eight chemicals (see briefly, this edition). Comments must be received by EPA on or before March 18, 2002.

67 FR 9048

On February 27, 2002, DOE published the text of the letter from the Secretary of Energy to the President and the Recommendation by the Secretary of Energy Regarding the Suitability of the Yucca Mountain Site for a Repository Under the Nuclear Policy Act (see briefly, this edition).

67 FR 9174

On February 27, 2002, EPA published a notice announcing the availability of a draft guidance memo on "Completion of Corrective Action Activities at RCRA Facilities" for public review (see article, this edition). Comments on the memo must be received by EPA on or before April 29, 2002.

WSR 02-03-137

On February 6, 2002, the Washington State Department of Health (D0H) published a preproposal statement of inquiry to begin rulemaking to amend Chapter 246-272 WAC, Onsite Wastewater Sewage Systems. Interested parties can participate in the rulemaking by contacting Mark Soltman with the DOH, P.O. Box 47990, Olympia, WA 98504.