Privacy & Security Notice

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Environmental
Report
Dedicated to Environmental Compliance

Volume 26, Number 3 - March 12, 2004

From Washington, D.C.:

DOE ISSUES FINAL ENVIRONMENTAL IMPACT STATEMENT ON TREATMENT, STORAGE AND DISPOSAL OF RADIOACTIVE AND SOLID WASTE AT HANFORD

On February 3, 2004, DOE released the final environmental impact statement (FEIS) on the treatment, storage and disposal of radioactive and solid waste at Hanford. In the EIS, DOE proposes to:

The FEIS was prepared after a public scoping process that began in October 1997. Two drafts of the environmental impact statements (EIS) were released for public review and comment. Comments on the first proposal were addressed in the Draft EIS while comments on the revised proposal have been addressed in the FEIS. Copies of the FEIS are available for public review a the DOE Public Reading Room located in the Consolidated Information Center at Washington State University Tri-Cities in Richland or can be viewed on the Internet at http://www.hanford.gov/eis/eis-0286D2/2003_FINAL.cfm. For more information, e-mail or call Marsha Beery at (360) 709-0664 with Fluor Hanford's Olympia Office.

From Olympia:

ECOLOGY BEGINS RULEMAKING TO AMEND THE DANGEROUS WASTE REGULATION

On February 18, 2004, Ecology published a preproposal statement of inquiry (WSR 04-04-101) in the Washington State Register to begin rulemaking to amend the Dangerous Waste (DW) Regulation. Ecology will be making changes to the regulation in order to be consistent with certain Federal rules that have been promulgated since the last DW rule amendment (2000) including:

Ecology will also be making State-only technical amendments as well as adding new language to implement the hazardous waste facilities initiative which extends certain DW requirements to hazardous waste treatment, storage, disposal and recycling facilities and used oil processors that accept wastes from off-site. For more information, e-mail or call Tony Miskho at (509) 376-7313 with Fluor Hanford's Waste Services.

ENVIRONMENTAL BILLS BEING CONSIDERED IN THE 2004 LEGISLATIVE SESSION

The 2004 Legislative session began January 12, 2004. Since that time, there are several environmental bills that have been working their way through the legislative process and are now in the final stages of being passed including:

The Legislature will have until March 11, 2004 to pass these Bills. They will then be sent to the Governor for signature and/or veto. For more information, e-mail or call Marsha Beery at (360) 709-0664 with Fluor Hanford's Olympia Office.

HOUSE TECHNOLOGY, TELECOMMUNICATIONS AND ENERGY COMMITTEE RECEIVES INITIATIVE 297 FOR ACTION

On January 29, 2004, the Secretary of State's office sent Initiative 297 which was deemed to have the appropriate number of signatures to the 2004 Legislature for action. The Initiative establishes additional requirements for regulating mixed waste at sites such as Hanford. Under the State Constitution, the legislature has three options in responding to the Initiative:

The Initiative is currently in the House Technology, Telecommunication and Energy Committee (HTTEC) for review, however, according to the committee schedule, there are no plans for them to take action on the Initiative prior to the March 11, 2004 end of the legislative session. For more information, e-mail or call Marsha Beery at (360) 709-0664 with Fluor Hanford's Olympia Office.

Briefly:

On February 4, 2004, the Department of Health (WDOH) published a preproposal statement of inquiry (WSR 04-03-010) in the Washington State Register to begin rulemaking to revise Chapter 246-272B, the rules regarding large on-site sewage systems (LOSS). The rule revision will consider jurisdictional relationships between local health departments, WDOH and Ecology as they relate to LOSS. Interested parties can participate in the rulemaking by contacting Jeanne Robitaille, Rules Development Committee Meeting Coordinator, with WDOH at (509) 456-4431.

On February 9, 2004, EPA published a notice (69 FR 5971) in the Federal Register announcing that the Integrated Risk Information System (IRIS) 2004 agenda is available. The IRIS is an EPA database that contains scientific consensus positions on human health effects that may result from exposure to chemical substances in the environment. EPA is also requesting scientific information on health effects that may result from exposure to chemical substances the Agency will be looking at this year. Scientific information must be received by EPA on or before April 9, 2004.

On February 12, 2004, EPA published a notice (69 FR 6984) in the Federal Register announcing that it was extending the comment period on the Preliminary Effluent Guidelines Program Plan (PEGPP) for 2004/2005 that was published in the Federal Register on December 31, 2003. The PEGPP describes the effluent guidelines program and EPA's current effluent guidelines development efforts. The comment period has been extended to March 18, 2004. Comments must be received by EPA on or before that date.

On February 13, 2004, EPA published a final rule (69 FR 7121) in the Federal Register adjusting its civil monetary penalties for inflation. EPA is required to review its penalties once every four years and adjust them as necessary for inflation according to a formula specified in the Debt Collection Improvement Act of 1996. The final rule becomes effective March 15, 2004.

On February 13, 2004, EPA published a notice (69 FR 7135) in the Federal Register announcing that it has delegated authority for previously submitted requests for delegation of the New Source Performance Standards (NSPS) to Ecology, the Benton Clean Air Authority (BCAA), the Northwest Air Pollution Authority (NWAPA), the Olympia Regional Clean Air Agency (ORCAA), the Puget Sound Clean Air Agency (PSCAA), the Spokane County Air Pollution Control Authority (SCAPCA), the Southwest Clean Air Agency (SWCAA), and the Yakima Regional Clean Air Authority (YRCAA). The delegation covers new EPA NSPS standards and revisions to NSPS standards that were previously delegated to these agencies. EPA is also making a technical amendment to update the names/addresses of these entities and to update the informational table that shows which NSPS standards have been delegated to State and local agencies. The final rule became effective February 13, 2004.

On February 20, 2004, EPA published a notice (FR 7926) in the Federal Register announcing that the applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the NSPS, the National Emission Standards for Hazardous Air Pollutants (NESHAPs) and the Stratospheric Ozone Protection Program (SOPP) are available on the Applicability Determination Index (ADI) Database System. The documents can be found on the Internet at http://www.epa.gov/compliance/assistance/applicability.

On February 24, 2004, EPA published a notice (69 FR 8353) in the Federal Register announcing that it will hold a public hearing on March 9, 2004 and extend the comment period on the proposed rule entitled, "Proposed Conditional Exclusions from Hazardous and Solid Waste for Solvent-Contaminated Industrial Wipes" which was published in the Federal Register on November 20, 2003. EPA is extending the comment period until April 9, 2004. Comments must be received by EPA on or before that date.

On February 27, 2004, DOE published a notice (69 FR 9277) in the Federal Register that it was suspending the rulemaking under the Atomic Energy Act (AEA) to promulgate worker health and safety regulations for DOE workplaces and procedures for the assessment of civil penalties for violations of standards under those regulations. Since publication of the notice of proposed rulemaking on December 8, 2003, DOE has become aware that the Defense Facilities Nuclear Safety Board (DNFSB) which has safety oversight responsibility of DOE nuclear facilities has concerns regarding the proposed regulations. The purpose of the notice of suspension is to allow time for DOE to consult with the DFNSB in order to resolve its concerns.

FEDERAL/STATE
REGISTER REVIEW
69 FR 5971
On February 9, 2004, EPA published a notice announcing that the IRIS 2004 agenda is available (see briefly, this edition). Scientific information must be received by EPA on or before April 9, 2004.
69 FR 5979
On February 9, 2004, EPA published a notice announcing that the document entitled, "Integrating Ecological Risk Assessment and Economic Analysis in Watersheds: a Conceptual Approach and Three Case Studies" is available. The document can be found on the Internet at http://www.epa.gov/ncea.
69 FR 6977
On February 12, 2004, EPA published a notice announcing a proposed settlement agreement addressing a lawsuit filed by the Utility Air Regulatory Group in the U.S. Court of Appeals for the District of Columbia. Petitioners challenged EPA's final rule entitled, "Revision of the Guidance on Air Quality Models: Adoption of a Preferred Long Range Transportation Model and Other Revisions" published in the Federal Register April 5, 2003 adopting the CALPUFF modeling system as an additional air quality model under the Guideline on Air Quality Models, 40 CFR Part 51. Comments on the proposed settlement agreement must be received by EPA on or before March 15, 2004.
69 FR 6984
On February 12, 2004, EPA published a notice announcing that it was extending the comment period for the PEGPP for 2004/2005 that was published in the Federal Register on December 31, 2003 (see briefly, this eindex.htmldition). Comments must be received by EPA on or before March 18, 2004.
69 FR 7121
On February 13, 2004, EPA published a final rule adjusting its civil monetary penalties for inflation (see briefly, this edition). The final rule becomes effective March 15, 2004.
69 FR 7135
On February 13, 2004, EPA published a notice announcing that it was delegating EPA authority for implementation and enforcement of certain NSPS regulations to Ecology, BCAA, the NWAPA, the ORCAA, the PSCAA, the SCAPCA, the SWCAA, and the YRCAA(see briefly, this edition). The final rule became effective February 13, 2004.
69 FR 7156
On February 13, 2004, EPA published a final rule approving the ColitagTM method for detection to support previously established requirements for the National Primary Drinking Water Regulation compliance monitoring of total coliform and E. coli in drinking water. This action provides water utilities and certified laboratories an additional analytical method option to test for total coliform and E. coli. The final rule becomes effective March 15, 2004.
69 FR 7612
On February 18, 2004, EPA published a notice announcing that it was reopening the comment period on the proposed rule entitled, "Comprehensive Procurement Guideline V for Procurement of Products Containing Recovered Materials" which appeard in the Federal Register on December 10, 2003. EPA is reopening the comment period until March 9, 2004. Comments must be received by EPA on or before that date.
69 FR 7628
On February 18, 2004, EPA published a notice announcing that the Office of Management and Budget (OMB) responses to EPA Information Collection Requests (ICRs) are available.
69 FR 7637
On February 18, 2004, EPA published a notice announcing that it was reopening the comment period on the document entitled, "Recovered Materials Advisory Notice V" which appeared in the Federal Register on February 9, 2004. EPA is reopening the comment period until March 19, 2004.
69 FR 7926
On February 20, 2004, EPA published a notice announcing that the applicability determinations, alternative monitoring decisions, and regulatory interpretations that the EPA has made under the NSPS, the NESHAP and the SOPP are available on the ADI (see briefly, this edition). The documents can be found on the Internet at http://www.epa.gov/compliance/assistance/applicability.
69 FR 8353
On February 24, 2004, EPA published a notice announcing that it will hold a public hearing on March 9, 2004 and extend the comment period until April 9, 2004 on the proposed rule entitled, "Proposed Conditional Exclusions from Hazardous and Solid Waste for Solvent-Contaminated Industrial Wipes" which was published in the Federal Register on November 20, 2003 (see briefly, this edition). Comments must be received by EPA on or before April 9, 2004.
69 FR 9277
On February 27, 2004, DOE published a notice that it was suspending the rulemaking under the AEA to promulgate worker health and safety regulations for DOE workplaces and procedures for the assessment of civil penalties for violations of standards under those regulations (see briefly, this edition).
WSR 04-03-010
On February 4, 2004, the WDOH published a preproposal statement of inquiry to begin rulemaking to revise Chapter 246-272B, the rules regarding LOSS (see briefly, this edition).
WSR 04-03-020
On February 4, 2004, Ecology published a notice announcing that it has been holding workshops on Washington's Water Quality Assessment including the Polluted Waters List throughout the state beginning on February 3 in Spokane, on February 4 in Yakima, on February 10 in Everett, on February 11 in Longview, and on February 12, in Ecology's Headquarters Office in Lacey. The assessment is a requirement of the Federal Clean Water Act.
WSR 04-03-122
On February 4, 2004, Ecology published a notice announcing that it was seeking public comment on the proposed Mid-Columbia River and Lake Roosevelt total maximum daily load (TMDL) and implementation plan (IP) for controlling total dissolved gas. The draft TMDL and IP can be found on the Internet at http://www.ecy.wa.gov/biblio/0403002.html. Comments on the TMDL and IP must be received by EPA on or before March 18, 2004.
WSR 04-04-101
On February 18, 2004, Ecology published a preproposal statement of inquiry that begins the rulemaking to amend the Dangerous Waste Regulation (see article, this edition).

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

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