Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 24, Number 5 - May 10, 2002

From Washington, D.C.:

EPA PUBLISHES FINAL RULE AMENDING THE GENERAL PROVISIONS FOR NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

On April 5, 2002, EPA published a final rule (67 FR 16581) in the Federal Register amending the General Provisions for the National Emission Standards for Hazardous Air Pollutants (NESHAP) and other regulatory requirements under Section 112 of the Clean Air Act (CAA). The amendments were promulgated as a result of settlement negotiations between EPA and six petitioners who filed for review of the General Provisions and internal EPA discussions on implementation of the section 112(j) rule.

In the final rule, EPA is promulgating amendments that establish equivalent emission limitations by permit under section 112(j) of the CAA. This section states that on or before the deadline of May 15, 2002, for sources in the 10-year Maximum Achievable Control Technology (MACT) category, those sources for which EPA has not promulgated standards must submit a Part 1 Title V application to their permitting authorities. The Part 1 application is a notification that provides basic information about the facility and emissions. Part 2 of the application is due to EPA on May 15, 2004, and will contain more detailed, comprehensive information about sources. The Hanford Site is by definition a "major source." Major sources are those with emissions of a single hazardous air pollutant of ten tons or greater per year or for any combination of (HAP) of 25 tons or greater. The final rule became effective April 5, 2002. Kirk Peterson with Fluor Hanford's Compliance Services group is reviewing the final rule to determine its impact at Hanford. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364.

DEPARTMENT OF TRANSPORTATION AND THE NUCLEAR REGULATORY COMMISSION BEGIN RULEMAKING TO AMEND REGUATIONS ON RADIOACTIVE MATERIALS TRANSPORTATION

On April 30, 2002, the Department of Transportation (DOT) published a notice of proposed rulemaking (NPRM) (67 FR 21328) and the Nuclear Regulatory Commission (NRC) published a proposed rule (67 FR 21390) in the Federal Register to amend regulations on the transportation of radioactive materials. The Agencies intend to incorporate changes contained in the International Atomic Energy Agency (IAEA) publication entitled, "IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material," 1996 Edition, No.TS-R-1 into their respective regulations. The purpose of the rulemaking is to make the transportation requirements compatible with international standards for radioactive materials.

The NRC proposed rule identifies a number of issues where the U.S. regulations would have to be modified to conform with the international IAEA standards including adopting the metric system in the NRC rules; and incorporating specific packaging and testing requirements. The NRC rule has also identified several other issues that are not related to the IAEA including special packaging approvals, the adoption of specific codes for the fabrication of spent fuel transportation packages, and surface contamination limits as applied to spent fuel and high-level waste packages. DOT has also identified a number of issues on transportation of radioactive materials in its Hazardous Materials Regulations that need to be addressed including proper shipping names, the use of United Nations Identification numbers for fissile materials, removal of redundant shipping descriptions, and changes to the definition of contamination. Comments on the proposed rule must be received by the NRC on or before July 29, 2002. Comments on the NPRM must be received by DOT on or before July 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:

EPA PUBLISHES FINAL AUTHORIZATION OF CHANGES TO WASHINGTON'S HAZARDOUS WASTE MANAGEMENT PROGRAM

On April 11, 2002, EPA published a final rule (67 FR 17636) in the Federal Register granting final authorization for changes made to Washington's hazardous waste management program. These changes updated the State's program with EPA regulations and were adopted through rulemaking in June 2000. The changes include:

Addition of the Land Disposal Restrictions (LDR) Phase III - de-characterized wastewaters, carbamate wastes, and spent potliner;
Addition of the LDR Phase IV - treatment standards for wood preserving wastes, metal/mineral processing wastes, hazardous soils, andlisted hazardous wastes from carbamate production;
Clarification of standards for hazardous waste LDR treatment variances;
Consolidation of organic air emission standards for tanks, surface impoundments, and containers;
Addition of parts of the military munitions rule;
Amendments to the organic air emission standards for tanks, surface impoundments, and containers;
Addition of certain provisions on post-closure permit requirements and closure process;
Addition of requirements for alternative groundwater monitoring;
Addition of the hazardous waste identification rule- media requirements;
Addition of the universal waste rule for hazardous waste lamps; and
Addition of the recycled used oil management standards.

The final authorization became effective on April 11, 2002. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services group.

Briefly:

EPA's National Advisory Committee for Acute Exposure Guideline Levels (AEGLs) for Hazardous Substances has recently approved emergency response acute exposure guideline levels for 11 chemicals including uranium hexafluoride, boron trifluoride, HFE-7100 (nonafluorobutyl ether), HFE -7100 (methylnonafluoroisobutyl ether), trichloroethylene, methyl mercaptan, ammonia, fluorine, phosphorus trichloride, and acrylic acid. It is also revising the interim AEGL for furan. While the exposure levels are not enforceable regulatory limits, EPA intends to adopt them as regulatory limits for risk management programs (61 FR 31667). For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.
On April 2, 2002, the DOT published a notice of proposed rulemaking (67 FR 15510) in the Federal Register to amend the Hazardous Materials Regulation on transportation of lithium batteries. The proposed rulemaking is consistent with changes recently made to the United Nations Recommendations on Transportation of Dangerous Goods (66 FR 6684). DOT is proposing changes including amending the test methods for lithium batteries; revising exceptions for small batteries (1 gram or less); eliminating exceptions for larger batteries (cells up to 5 grams of lithium in content and batteries up to 25 grams of lithium content) and exceptions for aircraft passengers and crew. Comments on the proposed rulemaking must be received by EPA on or before June 14, 2002.
On April 2, 2002, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice (67 FR 15574) in the Federal Register announcing that "Draft Guidance for Conducting Public Health Assessments at Superfund Sites" is available for public review and comment. The draft guidance is a revised and updated version of the public health assessment guidance published in 1992. The draft guidance provides details of the ATSDR public health process and presents methodologies and guidelines the ATSDR will use to conduct public health assessments at superfund sites. A copy of the draft guidance can be found on the Internet at http://www.atsdr.cdc.gov. Comments on the draft guidance must be received by the ATSDR on or before June 3, 2002.
On April 17, 2002, EPA published a notice (67 FR 18899) in the Federal Register announcing that the final "Guidance on the CERCLA Section 101(10)(H) Federally Permitted Release Definition for Certain Air Emissions" is available. This final guidance replaces the Interim Guidance that was published in the Federal Register on December 21, 1999. The guidance discusses the application of the federally permitted release exemption to air emissions from sources that are "grandfathered" under the Clean Air Act (CAA). This exemption pertains to the reporting requirements under section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 103 of CERCLA. The guidance does not impose new reporting requirements or change the types of releases that are required to be reported under CERCLA and EPCRA. A copy of the guidance can be found on the Internet at http://www.epa.gov/oeca/polguid/enfdock.html.
On April 30, 2002, EPA published a notice (67 FR 21234) in the Federal Register announcing that the draft "Guidelines from Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the EPA" was available. The draft guidelines were developed in response to an Office of Management and Budget (OMB) guideline directing all Federal Agencies to develop and implement their own guidelines by October 1, 2002. The guidelines will build upon on-going efforts to improve the quality of the data and analyses that support Agency policy and regulatory decisions and programs. The draft guidelines can be found on the Internet at http://www.epa.gov/oei/qualityguidelines. Comments on the draft guidelines must be received by EPA on or before May 31, 2002.

*FEDERAL/STATE*
	*REGISTER REVIEW*

67 FR 15510: On April 2, 2002, the DOT published a notice of proposed rulemaking amending the Hazardous Materials regulation on transportation of lithium batteries (see briefly, this edition). Comments on the proposed rulemaking must be received by DOT on or before June 14, 2002.

67 FR 15566: On April 2,2002, EPA published a notice announcing that it was designating a new reference method for measuring concentrations of PM10 in ambient air, four new equivalent methods for measuring concentrations in PM2.5 in ambient air, and one new reference method for measuring concentrations of NO2 in ambient air.

67 FR 15574: On April 2, 2002, the ATSDR published a notice announcing that the draft Public Health Assessment Guidance Manual was available on March 25, 2002 (see briefly, this edition). Comments on the draft manual must be received by ATSDR on or before May 25, 2002.

67 FR 16261: On April 4, 2002, EPA published a final determination not to list as hazardous certain wastes generated from the production of paint. EPA proposed concentration-based listings for certain paint waste solids and liquids on February 13, 2001, but due to public comment and supplemental analysis, has now determined that the paint wastes are not a substantial hazard to humans and the environment. The final determination becomes effective May 6, 2002.

67 FR 16581: On April 5, 2002, EPA published final rule amendments to the General Provisions for NESHAP for Source Categories and Requirements for Control Technology Determinations for Major Sources under Sections 112(g) and 112(j) of the Clean Air Act (see article, this edition). The final rule became effective April 5, 2002.

67 FR 17070: On April 9, 2002, EPA published a notice announcing that it was planning to submit an Information Collection Request (ICR) on Disinfectants/Disinfectants Byproducts, Chemical and Radionuclides Rules; Lead and Copper Rule Amendments to the OMB for review and comment. Comments on the ICR must be received by EPA on or before June 10, 2002.

67 FR 17121: On April 9, 2002, EPA published a proposed rule to establish requirements for Cooling Water Intake Structures at Phase II Facilities. The proposed rule would establish location, design, construction, and capacity requirements on the best technology for minimizing adverse environmental impact from the cooling water intake structure. Comments on the proposed rule must be received by EPA on or before July 8, 2002.

67 FR 17429: On April 9, 2002, EPA published a notice announcing that the Agency had received test data on 1,1,2-Trichloroethane. The test data can be found on the Internet at http://www.epa.gov/ under Laws and Regulations.

67 FR 17636: On April 11, 2002, EPA published a final rule granting final authorization to Ecology for changes made to its hazardous waste program in June 2002 (see article, this edition). The final rule became effective April 11, 2002.

67 FR 17991: On April 12, 2002, EPA published a notice announcing that it was planning to submit an ICR on Used Oil Management Standards Recordkeeping and Reporting Requirements to OMB for review and approval. Comments on the ICR must be received by EPA on or before June 11, 2002.

67 FR 18603: On April 16, 2002, EPA published a notice announcing that it was planning to submit an ICR on Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under 112(r) of the Clean Air Act to OMB for review and approval. Comments must be received by EPA on or before June 17, 2002.

67 FR 18604: On April 16, 2002, EPA published a notice announcing that it is planning to submit an ICR on TSCA Section 8 (c) Health and Safety Data Reporting Rule to OMB for review and approval. Comments on the ICR must be received by EPA on or before May 16, 2002.

67 FR 18606: On April 16, 2002, EPA published a notice announcing that it was planning to submit at ICR on TSCA Section 5(a)(2) Significant New Use Rules for Existing Chemicals to OMB for review and approval. Comments on the ICR must be received by EPA on or before May 16, 2002.

67 FR 18899: On April 17, 2002, EPA published a notice announcing that "Guidance on the CERCLA section 101(10)(H) Federally Permitted Release Definition for Certain Air Emissions" was available (see briefly, this edition).

67 FR 19030: On April 17, 2002, EPA published a notice announcing that it was seeking public comment on the results of its review of 69 National Primary Drinking Water Regulations that were established prior to 1997. The purpose of the review is to identify those regulations for which the current health risk assessments, changes in technology, and/or other factors provide health and technical basis to support revisions. Comments on the review must be received by EPA on or before June 17, 2002.

67 FR 19750: On April 23, 2002, EPA published a notice announcing that guidance on CERCLA section 101(10)(H) federally permitted release definition as it applies to grandfathered sources under the CAA was available.

67 FR 21234: On April 30, 2002, EPA published a notice announcing that the "Draft Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated" by them was available for public review and comment (see briefly, this edition). The guidelines are available on the Internet at http://www.epa.gov/oei/qualityguidelines. Comments on the draft guidelines must be received by EPA on or before May 31, 2002.

67 FR 21328: On April 30, 2002, DOT published a notice of proposed rulemaking to amend the Hazardous Materials Regulations on the transportation of radioactive materials based on the changes by the IAEA (see article, this edition). Comments on the notice must be received by DOT on or before July 29, 2002.

WSR 02-07-038: On April 3, 2002, Ecology published an expedited rule to repeal Chapter 173-222 WAC on wastewater discharge permit fees since is has been replaced by Chapter 173-224 WAC, also on wastewater discharge permit fees. Objections to the use of the expedited rulemaking for this rule must be submitted to Ecology by May 18, 2002.

WSR 02-07-119: On April 3, 2002, Ecology published a notice announcing that it is holding informational workshops on the proposal to reissue the industrial stormwater general permit. The draft permit will replace the existing permit that was appealed. Revising and reissuing the permit is part of the settlement agreement on the appeal. The permit also incorporates changes required by EPA's stormwater phase 2 regulations. The workshops will be held throughout the state including in Yakima at Ecology's Central Regional Office on May 10, 2002. Comments on the permit must be received by Ecology on or before May 17, 2002.

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