Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 26, Number 5 - May 14, 2004

From Washington, D.C.:

EPA AMENDS THE REPORTING REQUIREMENTS OF THE CHEMICAL ACCIDENT PREVENTION REGULATION

On April 9, 2004, EPA published a final rule (69 FR 18819) in the Federal Register (FR) amending the reporting requirements of the chemical accident prevention regulation under Section 112 (r) of the Clean Air Act (CAA). The final rule includes:

A requirement that, beginning June 21, 2004, chemical facilities subject to the accident prevention regulations must submit information on any significant chemical accident and any changes to emergency contact information on a more timely basis than previously required;
Removal of the regulatory requirement for covered facilities to include, in the executive summaries of their risk management plans (RMPs), a brief description of the off-site consequences analysis for their facilities;
A requirement that, beginning June 21, 2004, covered facilities include three new pieces of information in their RMPs: the e-mail address for the facility emergency contact; the name, address and telephone number of the contractor who prepared the RMP; and the purpose of any RMP submission that changes or otherwise affects an earlier RMP submission.
Clarification that the deadline for updating RMPs that were submitted before or on June 21, 1999, is June 21, 2004 except for those facilities required to update their RMPs as a result of changes at the facility; and
Revisions to the format for submitting RMPs including expanding the list of options for possible accident causes to include uncontrolled chemical reactions.

Through these modifications, EPA is seeking to improve the accident prevention and reporting programs for covered facilities and to assist federal, state, and local RMP implementation. The final rule became effective April 9, 2004. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

EPA HOLDS PUBLIC MEETINGS ON THE EFFECTIVENESS OF THE RCRA HAZARDOUS WASTE GENERATOR REGULATORY PROGRAM

On April 16, 2004, EPA published a notice (69 FR 20617) in the FR announcing that it will be holding a series of public meetings in May 2004 to receive feedback from stakeholders on the effectiveness of the RCRA hazardous waste generator regulatory (HWGR) program. The meetings will be held in various cities throughout the U.S. including Seattle on May 24, 2004 from 9 a.m. to 5 p.m. at the Radisson Hotel at the Seattle-Tacoma Airport. EPA included in the notice a number of topics and questions it will focus on at the meeting including:

What areas of the generator program are working well?
How can EPA improve the program through the use of innovative solutions and improved technical assistance? and
How can EPA improve the program through better performance measurements, burden reductions and pollution prevention/recycling?

EPA also published an advanced notice of proposed rulemaking (ANPR) (69 FR 21800) in the FR on April 22, 2004 seeking comment on a series of questions related to the RCRA HWGR program. EPA is hoping that the information collected through these two efforts will help it in evaluating and determining whether changes to the HWGP are appropriate. Comments on the public meeting topics must be received by EPA on or before June 30, 2004. Comments on the ANPR must be received by EPA on or before July 21, 2004. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Program Services.

From Olympia:

THE WASHINGTON STATE DEPARTMENT OF HEALTH REPUBLISHES A PROPOSED RULE TO AMEND THE RADIATION PROTECTION AIR EMISSION RULE

On April 7, 2004, the Washington State Department of Health (WDOH) republished a proposed rule (WSR 04-07-180) in the Washington State Register (WSR) to amend the radiation protection air emission rule, Chapter 246-247 WAC. WDOH is making the rule changes to be consistent with federal regulations and to seek primacy with EPA. The WDOH had published the original proposed rule in the WSR on August 6, 2003 (WSR 03-15-104) but decided to withdraw that rule because of comments received at a public hearing and during the public comment period on that action. In the current action, the re-proposed rule:

Updates references to national standards for sampling and monitoring releases of radioactive air emissions from nuclear facilities to conform to EPA rules adopted in October 2002;
Updates references to EPA quality assurance plan guidance documents; and
Gives WDOH flexibility in regulating non-federal facilities.

WDOH held a public hearing in Tumwater on May 4, 2004 at the WDOH Point Plaza East Building to receive comments on the re-proposed rule. Based on the public hearing and comments received, WDOH will determine if changes to the current proposal are warranted. Comments on the re-proposed rule were to be received in WDOH by May 4, 2004. For more information, email or call John_A_Bates@rl.gov at (509) 376-2088 with Fluor Hanford's Program Services.

Briefly:

On April 1, 2004, EPA published a notice (69 FR 17145) in the FR announcing that it will hold a two-day public meeting on May 19-20, 2004 in the EPA East Public Hearing Room, Washington, D.C. to discuss and receive public input on the development and implementation of a national electronic manifest (e-manifest) system. According to EPA, the e-manifest system would provide more accountability than the current system and be a single point of entry for information to track shipments of hazardous waste in time. The e-manifest system would also substantially reduce the costs and paperwork burden of the current tracking system. EPA intends to use the information gathered at this meeting to determine whether or not a rule to require the e-manifest system is warranted.
On April 2, 2004, EPA published a list of contaminants under the Safe Drinking Water Act (SDWA) (69 FR 17406) in the FR which are not subject to any proposed or promulgated national primary drinking water regulations, at the time of publication, that are known or anticipated to occur in public water systems and which may require regulations under the SDWA (section 1412(b)(1)). Comments on the notice must be received by EPA on or before June 1, 2004.
On April 6, 2004, EPA published a proposed rule (69 FR 18166) in the FR to amend analysis and sampling procedures in wastewater regulations. The changes include: proposal of vendor-developed methods; new EPA and voluntary consensus standard bodies methods; updated versions of currently approved methods; revised method modification and analytical requirements, withdrawal of certain outdated methods and changes to sample collection, preservation, and holding times. Comments on the proposed rule must be received by EPA on or before June 7, 2004.
On April 8, 2004, EPA published a notice (69 FR 18569) in the FR announcing the designation of a new equivalent method for monitoring ambient air quality for PM10. The new method is the EQPM-0404-151, "Environment S.A. Model MP101M PM10 Beta Gauge Monitor."
On April 14, 2004, EPA released a document, "Handbook of Groundwater Protection and Cleanup Policies for RCRA Corrective Action (CA)" updating its interpretations of policies on groundwater protection and cleanup for CA. The document focuses on cleanup goals, the role of groundwater use, point of compliance, source control and monitored natural attenuation. The document can be found on the Internet at http://www.epa.gov/epaoswer/hazwaste/ca/resource/guidance/gw/gwhandbk/gwhb041404.pdf
On April 21, 2004, Ecology published a proposed rule (WSR 04-08-104) in the WSR to increase fees of Chapter 173-224 WAC, the Wastewater Discharge Permit Fees Program, for fiscal years 2005 and 2006. Ecology is required by law to collect fees for wastewater and/or storm water discharge permits. The proposed rule allows Ecology to continue existing levels of service to the growing permit universe and maintain a base level of service if projected revenues fall below the legislative appropriation level for the fiscal years 2005-2006.
On April 23, 2004, the Nuclear Regulatory Commission (NRC) and the Department of Transportation (DOT) jointly published a solicitation of proposed changes (69 FR 21978) in the FR to the International Atomic Energy Agency (IAEA) regulation for the Safe Transport of Radioactive Materials. The IAEA has recently initiated the review cycle for revising its regulations to reflect new information and accumulated experience. The NRC and DOT provide assistance in this rulemaking effort. The IAEA's review process calls for Member States and International Organizations to provide proposed changes to the IAEA by July 15, 2004. Comments must be received by EPA on or before June 7, 2004.
On April 26, 2004, EPA published a withdrawal (69 FR 22472) of the proposed rule in the FR that was published in the FR on June 24, 2003, and contained options for the control of storm water discharges from construction sites, including effluent limitation guidelines and new source performance standards. EPA has chosen the option that continues to rely on the range of existing programs, regulations, and initiatives at the Federal, State, and local level for the control of storm water discharges from construction sites, rather than new national effluent guidelines or other new rule. The action is considered issued as of May 10, 2004.
On April 30, 2004, EPA published final rules (69 FR 24028) in the FR amending the Comprehensive Procurement Guideline (CPG) by designating seven new items that are or can be made with recovered materials. The CPG implements portions of the RCRA and Executive Order on Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition which require EPA to designate items that are or can be made with recovered materials. The final rule becomes effective May 2, 2005.
On April 30, 2004, EPA published a notice (69 FR 24039) in the FR announcing the availability of the final Recovered Materials Advisory Notice IV and supporting materials. The final RMAN IV contains EPA's recommendations for purchasing seven newly designated items and three revised items presented in the final Comprehensive Procurement Guideline IV.
Ecology will be releasing the draft summary of the state hazardous waste and solid waste plans developed as part of the Beyond Waste project in early May 2004. The vision of Beyond Waste is that most wastes can be used as resources to benefit Washington state economically, environmentally and socially. Ecology is planning to hold public meetings on the content of the plans in late May and early June 2004. The plans have been several years in the making and will set new directions for hazardous and solid waste management in the state for the next 30 years. More information on the draft summary can be found on the Internet at http://www.ecy.wa.gov/beyondwaste.
Ecology has recently developed an Internet site that provides information on facilities in Washington that are currently managing hazardous waste and used oil. The website provides basic information about the type and location of the facility, the types of wastes that may be accepted, and contacts at facilities and Ecology. The website also provides a link to an EPA website that shows inspection, compliance and enforcement data for these operations in Washington and throughout the U.S. The website also contains a guide on "How to Choose a Hazardous Waste or Used Oil Contractor." This guide presents resources and tools to help waste generators evaluate and compare compliance, liability, services, and price. The website is located at http://www.ecy.wa.gov/programs/hwtr/hwfacilities.

*FEDERAL/STATE*
	*REGISTER REVIEW*

69 FR 17145: On April 1, 2004, EPA published a notice announcing that it will hold a two-day public meeting on May 19-20, 2004 in the EPA East Public Hearing Room, Washington, D.C. to discuss and receive public input on a national e-manifest system (see briefly, this edition).

69 FR 17406: On April 2, 2004, EPA published a list of contaminants under the SDWA which 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 which may require regulations under the SDWA (section 1412(b)(1)) (see briefly, this edition). Comments on the notice must be received by EPA on or before June 1, 2004.

69 FR 18071: On April 6, 2004, EPA published a notice announcing that an Information Collection Request (ICR) on Hazardous Waste Specific Unit Requirements and Special Waste Processes and Types has been 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 May 6, 2004.

69 FR 18073: On April 6, 2004, EPA published OMB responses to ICRs approved in February and March 2004.

69 FR 18166: On April 6, 2004, EPA published a proposed rule to amend analysis and sampling procedures in wastewater regulations (see briefly, this edition). Comments on the proposed rule must be received by EPA on or before June 7, 2004.

69 FR 18565: On April 8, 2004, the Department of Energy published a notice of intent to prepare an environmental impact statement (EIS) for alignment, construction, and operation of a rail line for shipments of spent nuclear fuel, high-level radioactive waste, and other materials from a site near Caliente, Nevada to the Yucca Mountain Radioactive Waste Repository. Comments on the NOI must be received by DOE on or before May 24, 2004.

69 FR 18569: On April 8, 2004, EPA published a notice announcing the designation of a new equivalent method for monitoring ambient air quality for PM10. The new method is the EQPM-0404-151, "Environment S.A. Model MP101M PM10 Beta Gauge Monitor."

69 FR 18819: On April 9, 2004, EPA published a final rule amending the reporting requirements of the chemical accident prevention regulation under Section 112 ( r) of the CAA (see article, this edition). The final rule became effective April 9, 2004.

69 FR 19177: On April 12, 2004, EPA published a notice announcing that it was forwarded an ICR on National Environmental Performance Tack Program to OMB for review and approval. Comments on the ICR must be received by EPA on or before May 12, 2004.

69 FR 20617: On April 16, 2004, EPA published a notice announcing that it is holding a series of public meetings in May 2004 to receive feedback from stakeholders on the effectiveness of the RCRA hazardous waste generator regulatory program (see article, this edition).

69 FR 20870: On April 19, 2004, EPA published a notice announcing that it was planning to submit an ICR on Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures to the OMB for review and approval. Comments on the ICR must be received by EPA on or before June 18, 2004.

69 FR 21097: On April 20, 2004, EPA published a notice announcing that the comment period is being re-opened for an ICR for obtaining feedback on public involvement activities and processes that was published in February 2004. Comments on the ICR must be received by EPA on or before May 20, 2004.

69 FR 21800: On April 22, 2004, EPA published an ANPR seeking information from stakeholders on the effectiveness of the RCRA hazardous waste generator regulatory program as well as to identify areas for potential improvement (see article, this edition). Comments on the ANPR must be received by EPA on or before July 21, 2004.

69 FR 21978: On April 23, 2004, the NRC and the DOT jointly published a solicitation of proposed changes to the IAEA regulation for the Safe Transport of Radioactive Materials (see briefly, this edition). Comments must be received by EPA on or before June 7, 2004.

69 FR 22472: On April 26, 2004, EPA published a withdrawal of the proposed rule published in the FR on June 24, 2004, that contained options for the control of storm water discharges from construction sites, including effluent limitation guidelines and new source performance standards (see briefly, this edition). The action was issued May 10, 2004.

69 FR 22507: On April 26, 2004, EPA published a notice announcing that an ICR on Proposed Collection, Comment Request, Storage, Treatment, Transportation and Disposal of Mixed Waste was submitted to OMB for review and approval. Comments on the ICR must be received by EPA on or before June 25, 2004.

69 FR 23858: On April 30, 2004, EPA published the final rule that sets forth the air quality designations and classifications for every area in the U.S. including Indian Country for the 8-hour ozone national ambient air quality standard (NAAQS). The final rule becomes effective June 15, 2004.

69 FR 23951: On April 30, 2004, EPA published a final rule on key elements of the program to implement the 8-hour ozone NAAQS. The intended effect of this rule is to provide certainty to States and Tribes regarding classification of the 8-hour NAAQS and their continued obligations with respect to existing requirements. The final rule becomes effective June 15, 2004.

69 FR 24028: On April 30, 2004, EPA published final rules amending the CPG by designating seven new items that are or can be made with recovered materials (see briefly, this edition). The final rule becomes effective May 2, 2005.

69 FR 23740: On April 30, 2004, EPA published a notice announcing that it was planning to submit an ICR on disinfectant/disinfection by-products, chemical and radionuclide rules to OMB for review and approval. Comments on the ICR must be received by EPA on or before June 29, 2004.

69 FR 23743: On April 30, 2004, EPA published a notice announcing that it was planning to submit an ICR on Public Water System Supervision Program (Renewal) to OMB for review and approval. Comments on the ICR must be received by EPA on or before June 29, 2004.

69 FR 23747: On April 30, 2004, EPA published a notice announcing that it was seeking public comment on an ICR regarding PCBs Consolidated Reporting and Recordkeeping Requirements to OMB for review and approval. Comments on the ICR must be received by EPA on or before June 29, 2004.

69 FR 24039: On April 30, 2004, EPA published a notice announcing the availability of the final Recovered Materials Advisory Notice IV and supporting materials (see briefly, this edition).

WSR 04-07-180: On April 7, 2004, the WDOH republished a proposed rule to amend the radiation protection air emission rule, Chapter 246-247 WAC (see article, this edition). Comments on the proposed rule must be received in WDOH by May 4, 2004.

WSR 04-08-104: On April 21, 2004, Ecology published a proposed rule to increase fees of Chapter 173-224 WAC, the Wastewater Discharge Permit Fees Program, for fiscal years 2005 and 2006 (see briefly, this edition). Comments on the proposed rule must be received by Ecology on or before May 26, 2004.

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