Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 27, Number 3 - March 11, 2005

From Washington, D.C.:

EPA PUBLISHES AN ADVANCED NOTICE OF PROPOSED RULEMAKING ON MONITORING REQUIREMENTS FOR THE TITLE V PROGRAM UNDER THE CLEAN AIR ACT

On February 16, 2005, EPA published an advanced notice of proposed rulemaking (ANPR)(70 FR 7905) in the Federal Register (FR) asking for public comment to help it identify inadequate monitoring requirements and ways to improve this monitoring of Title V operating permits under the Clean Air Act (CAA). In particular, EPA is requesting comments on existing monitoring requirements in the New Source Performance Standards (NSPS) under 40 CFR Part 60 and the National Emission Standards for Hazardous Air Pollutants (NESHAP) under 40 CFR Part 61 that were promulgated prior to the 1990 Amendments to the CAA. Categories of monitoring in which individual rules may have inadequate monitoring include those where:

• No monitoring of any kind is required;
• Monitoring is specified for certain units, but no monitoring is required for other units;
• Limits on both particulate matter (PM) mass and opacity are specified, but only monitoring of opacity is required (and not of PM mass);
• Monitoring is specified for certain control devices (e.g. monitoring of pressure drop), but no monitoring is specified for other devices;
• Monitoring method is specified, but no monitoring frequency is specified, or monitoring is required only when directed by permitting authority;
• Infrequent periodic testing required, but no monitoring of the control device is specified between required tests;
• Monitoring of parameters may be insufficient to assure proper operation of control device;
• Monitoring of parameters required, but no parameter range is specified, nor is a procedure for setting the range specified; and
• No monitoring or recordkeeping (to serve as monitoring) is specified for work practices (such as keeping covers closed at all time except during transfer of materials).

EPA believes that it will be more effective to address monitoring inadequacies through rulemaking and other programmatic approaches rather than by addressing inadequate monitoring on a case-by-case basis in issuing and renewing of Title V operating permits. Comments on the ANPR must be received by EPA on or before April 18, 2005. For more information, e-mail or call William_E_Jr_Green@rl.gov at (509) 373-9574 with Fluor Hanford's Monitoring and Reporting.

EPA FORWARDS TO THE OFFICE OF MANAGEMENT AND BUDGET FOR REVIEW AND APPROVAL SEVERAL INFORMATION COLLECTION REQUESTS OF INTEREST TO HANFORD

EPA has published several notices announcing that it has forwarded Information Collection Requests (ICR) to the Office of Management and Budget (OMB) for review and approval that may be of interest to Hanford as follows:

• On February 3, 2005, EPA published a notice (70 FR 5641) in the FR announcing that an ICR on Facility Groundwater Monitoring Requirements (Renewal) has been forwarded to OMB for review and approval. The ICR examines the groundwater monitoring standards for permitted and interim status facilities at 40 CFR Part 264 and 265, as specified. The groundwater monitoring requirements for regulated units follow a tiered approach and each of the tiers requires collection and analysis of groundwater samples. Owners and operators that conduct groundwater monitoring are required to report information to the oversight agencies on releases of contaminants and to maintain records of groundwater monitoring data at their facilities. The ICR expired on January 31, 2005. Comments on the ICR must be received by EPA on or before March 7, 2005.
• On February 3, 2005, EPA published a notice (70 FR 5642) in the FR announcing that an ICR on Underground Injection Control (UIC) Program (Renewal) has been forwarded to the OMB for review and approval. This ICR examines the UIC program under the Safe Drinking Water Act which protects underground sources of drinking water. Owners and operators of underground injection wells must obtain permits, conduct environmental monitoring, maintain records, and report results to EPA or the State UIC primacy agency. EPA is reviewing the need to continue to collect this information. The ICR expired on January 31, 2005. Comments on the ICR must be received by EPA on or before March 7, 2005.
• On February 15, 2005, EPA published a notice (70 FR 7732) in the FR announcing that it was planning to submit an ICR on National Emission Standards for Hazardous Air Pollutants - Radionuclides to the OMB for review and approval. On December 15, 1989, EPA promulgated NESHAPs to control radionuclide emissions from several source categories under Section 112 of the Clean Air Act (CAA). Information is being collected on emissions under 40 CFR Part 61. The data collected by EPA is used to ensure that public health is protected from the hazards of airborne radionuclides by compliance with the NESHAPs. Compliance is demonstrated through emission testing and/or dose calculation. Results are submitted to EPA annually for verification of compliance and maintained for a period of 5 years. EPA is reviewing this ICR to determine if the continued collection of information is warranted. The ICR expires on August 25, 2005. Comments on the ICR must be received by EPA on or before April 18, 2005.

For more information, e-mail or call Marsha Beery at (360) 709-0664 with Fluor Hanford's Olympia Office.

From Olympia:

ECOLOGY PROVIDES STAKEHOLDERS AN UPDATE OF THE UNDERGROUND INJECTION CONTROL RULEMAKING

Ecology recently provided an update to the Underground Injection Control (UIC) rulemaking process and stormwater guidance. In the update, Ecology indicated that:

• It is still working on a final draft of the UIC rule based on comments received from the workshops held in November 2004 and intends to submit the appropriate paperwork to the Code Revisers office in the spring of 2005 to begin the public review process.
• As a result of the comments received from the workshops regarding guidance for UIC wells used for stormwater management, Ecology decided to have the interim guidance that is now part of the Stormwater Management Manual for Eastern WA be a part of the public review process for the draft UIC Rule.
• The interim guidance has been further revised since the Stormwater Management Manual for Eastern WA was published in September 2004. This draft guidance will become part of the package for filing with the Code Reviser's Office.
• Ecology will schedule a meeting date with interested UIC rule revision committee members to share the draft guidance and discuss how it will be part of the UIC Rule process. The guidance may not be finalized before the final rule is adopted, but Ecology indicated it will seek comment on the guidance at the same time as the draft rule.

For more information, e-mail or call Marsha Beery at (360) 709-0664 with Fluor Hanford's Olympia Office.

Briefly:

• Ecology recently announced several public meetings in various cities throughout Washington to discuss the update of the document entitled, "Washington's Water Quality Management Plan to Control Nonpoint Source Pollution (Plan)". Ecology is required to revise its plan every five years and is proposing to submit a final plan to EPA on April 1, 2005. The public meetings will be held on March 8 in Ecology's Headquarters office in Lacey, on March 9 in Spokane, on March 10 in Ellensburg and on March 16 in Everett. All meetings begin at 6:30 p.m. Comments on the Plan update must be received by Ecology on or before March 18, 2005.

• On February 2, 2005, Ecology published a supplemental notice in the Washington State Register (WSR 05-03-018) to a proposed rule that was published on January 5, 2005 amending WAC 173-350, the Solid Waste Handling Standards rule. In the supplemental notice, Ecology changed the date of the public hearing in the Ecology Headquarters Building at 1 pm from February 8, 2005 to February 23, 2005 and indicated that it will now adopt the proposed rule changes on March 7, 2005.

  In the proposed rule, Ecology intends to clarify the definitions of clean soils and clean dredged material, contaminated soils and contaminated dredged material. Ecology is making this change because of confusion expressed by stakeholders regarding these definitions after the last rulemaking. However, according to the notice, this change is a temporary fix which will take the definitions back to the old standards. Ecology will then file another rule to adopt the final soil standards in the spring of 2005 which will address the stakeholder concerns and economic impacts. The comment period on the proposed rule ended March 2, 2005. This proposed rule changes Ecology's approach to managing soils containing contaminants as set forth in the WAC 173-350.

• On February 2, 2005, Ecology published a final rule (WSR 05-03-033) in the WSR to amend Chapter 173-400 WAC, the General Regulations for Air Pollution Sources. The purpose of the final rule is to update the state rule to conform with recent federal regulatory changes on New Source Review (NSR) and to make other amendments identified as deficiencies in the state implementation plan (SIP) (see article in January 2005 Hanford Environmental Report for more detail). Ecology has also released the Concise Explanatory Statement and Implementation Plan which can be found in the Internet at http://www.ecy.wa.gov/biblio/0402026.html and http://www.ecy.wa.gov/biblio/0402027.html, respectively. The Cost-Benefit Analysis can be ordered from Ecology by contacting Tom Todd at (360) 407-7528. The final rule became effective February 10, 2005.

• On February 2, 2005, EPA published a notice (70 FR 5442) in the FR announcing that the document entitled, "Second draft Staff Paper for Particulate Matter (PM)" is available for review and comment. The purpose of the document is to evaluate the policy implications of the key scientific and technical information contained in a related EPA document, "Air Quality Criteria for Particulate Matter", required under sections 108 and 109 of the Clean Air Act (CAA) for use in the periodic review of the National Ambient Air Quality Standards (NAAQS) for Particulate Matter. Comments on the document must be received by EPA on or before March 31, 2005.

70 FR 5058

On February 1, 2005, EPA published a direct final rule to correct typographical errors in the Effluent Limitations Guidelines, Pretreatment Standards and NSPS for the Transportation Equipment Cleaning Point Source Category. The regulatory language of the Pretreatment Standards for New Sources in the existing regulation refers to "any existing source" when it should say "any new source". The direct final rule will become effective on May 2, 2005 unless EPA received adverse comment by April 4, 2005 at which time the Agency will publish a timely withdrawal. Elsewhere in the same FR, EPA has published a proposed rule (70 FR 5100) in the event the direct final rule is withdrawn. Comments on the proposed rule must be received by EPA on or before April 4, 2005.

70 FR 5085

On February 1, 2005, EPA published a proposed rule to approve Washington's SIP for the Wallula, WA serious nonattainment area for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM 10). Comments on the proposed rule were to be received by EPA on or before March 3, 2005.

70 FR 5178

On February 1, 2005, EPA published a notice announcing that an ICR on General Conformity of Federal Actions to SIP has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before April 4, 2005.

70 FR 5442

On February 2, 2005, EPA published a notice announcing that the document entitled, "Second draft Staff Paper for Particulate Matter" is available for review and comment (see briefly, this edition). Comments on the document must be received by EPA on or before March 31, 2005.

70 FR 5593

On February 3, 2005, EPA published a notice announcing that it is requesting comment on two issues raised in a petition for reconsideration of EPA's rule to implement the 8-hour ozone NAAQS that was published in the FR on April 30, 2004. Comments on the notice must be received by EPA on or before March 21, 2005.

70 FR 5641

On February 3, 2005, EPA published a notice announcing that an ICR on Facility Groundwater Monitoring Requirements (Renewal) has been forwarded to OMB for review and approval (see article, this edition). Comments on the ICR must be received by EPA on or before March 7, 2005.

70 FR 5642

On February 3, 2005, EPA published a notice announcing that an ICR on UIC Program (Renewal) has been forwarded to the OMB for review and approval (see briefly, this edition). Comments on the ICR must be received by EPA on or before March 7, 2005.

70 FR 5646

On February 3, 2005, EPA published a notice announcing that an ICR on Source Compliance and State Action Reporting (Renewal) has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before March 7, 2005.

70 FR 5647

On February 3, 2005, EPA published a notice announcing that an ICR on Application for Reference and Equivalent Method Determinations (Renewal) has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before March 7, 2005.

70 FR 5648

On February 3, 2005, EPA published a notice announcing that an ICR on Toxic Substances Control Act (TSCA) Section 8(a) Preliminary Assessment Information Rule (PAIR) has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before March 7, 2005.

70 FR 5650

On February 3, 2005, EPA published a notice announcing that an ICR on TSCA Section 4 Test Rules, Consent Orders, Test Rule Exemptions, and Voluntary Data Submission has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before March 7, 2005.

70 FR 6351

On February 7, 2005, EPA published a final rule to amend the table that lists the OMB control numbers issued under the Paperwork Reduction Act (PRA) for Transportation Conformity Rule Amendments for the New 8-Hour Ozone and PM NAAQS and Miscellaneous Revisions for Existing Areas, Transportation Conformity Rule Amendments: Response to Court Decision and Additional Rule Changes. The final rule became effective on February 7, 2005.

70 FR 6361

On February 7, 2005, EPA published a final rule to correct an error in the initial delineation of the boundary of the Yakima County nonattainment area (Yakima NAA) for PM-10. The correction revises the boundary of the Yakima NAA to exclude a small portion that lies within the exterior boundary of the Yakama Indian Reservation. The final rule will become effective March 9, 2005.

70 FR 6591

On February 8, 2005, EPA published a final rule to approve the limited Maintenance Plan for Yakima PM-10 nonattainment area and grant a request by the State to redesignate the Yakima NAA to attainment for the NAAQS for PM-10. The final rule will become effective March 10, 2005.

70 FR 7257

On February 11, 2005, EPA published a notice announcing that it has released a document entitled, "Toxicological Review of n_Hexane: In Support of Summary Information on the Integrated Risk Information System " for review and comment. Comments on the document must be received by EPA on or before March 11, 2005.

70 FR 7732

On February 15, 2005, EPA published a notice announcing a plan to submit an ICR on NESHAP- Radionuclides to the OMB for review and approval (see briefly, this edition). Comments on the ICR must be received by EPA on or before April 18, 2005.

70 FR 7905

On February 16, 2005, EPA published an advanced notice of proposed rulemaking (ANPR) asking for public comment to help it to identify inadequate monitoring requirements for operating permits under Title V of the CAA and ways to improve such monitoring (see article, this edition). Comments on the ANPR must be received by EPA on or before April 18, 2005.

70 FR 7909

On February 16, 2005, EPA published a notice announcing the availability of new data regarding the changes to the proposed rule published in the FR on April 6, 2004, on new analytical methods for measuring pollutants in wastewater and drinking water. Comments on the notice must be received by EPA on or before March 18, 2005.

70 FR 8090

On February 17, 2005, EPA published a notice announcing the OMB responses to ICRs.

70 FR 9071

On February 24, 2005, EPA published the final list of contaminants, known as the second draft Candidate Contaminant List (CCL 2) that, at the time of publication, are not subject to any proposed or promulgated national primary drinking water regulations, that are known or anticipated to occur in public water systems, and that may require regulations under the Safe Drinking Water Act (SDWA). The CCL 2 carries forward the remaining 51 contaminants proposed in the April 2, 2004 FR publication. The Candidate Contaminant List is an important tool that helps EPA prioritize research and serves as the central focus of the regulatory determination process.

70 FR 9307

On February 25, 2005, EPA published a notice announcing it is convening four public workshops to provide training for affected parties responsible for reporting during the 2006 Inventory Update Rule (IUR) information collection under TSCA. The workshops will be held in various cities throughout the US including Dallas, TX on March 7, 2005, Kansas City, MO, on April 4, 2005, Atlanta, GA on April 18, 2005, and Philadelphia, PA on May 2, 2005. The workshops will start at 8:30 a.m. and end at 4:30 p.m.

70 FR 9706

On February 28, 2005, EPA published proposed amendments to PM, Sulfur dioxide (SO2), and nitrogen oxide (NOX) emissions standards for electric utility steam generating units, industrial-commercial-institutional steam generating units, and small industrial-commercial-institutional steam generating units under 111(b)(1)(B) of the CAA. Comments on the amendments must be received by EPA on or before April 29, 2005.

WSR 05-03-018

On February 2, 2005, Ecology published a proposed rule to amend Chapter 173-350 WAC, the Solid Waste Handling Standards to clarify the definitions of clean soils and clean dredged materials, contaminated soils and contaminated dredged material. This proposed rule changes Ecology's approach to managing soils containing contaminants as set forth in the Chapter 173-350 WAC. Ecology held a public hearing on February 23, 2005 at Ecology's Headquarters Office in Lacey at 1 p.m. Comments on the proposed rule were to be received by Ecology on or before March 2, 2005.

WSR 05-03-033

On February 2, 2005, Ecology published a final rule to amend Chapter 173-400 WAC, the General Regulations for Air Pollution Sources. The purpose of the final rule is to update the state rule to conform to recent federal regulatory changes on New Source Review and to make other amendments identified as deficiencies in the state implementation plan. Ecology is also making available the final cost-benefit analysis by contacting Tom Todd at (360) 407-7528. The final rule became effective February 10, 2005.