Hanford Environmental Report
Dedicated to the Goal of 100% Environmental Compliance

Volume 19, Number 4 - November 14, 1997

From Washington D.C.:

EPA CONSIDERS FIVE OPTIONS FOR A PROPOSED POTENTIAL TO EMIT RULE

EPA will be releasing a discussion paper soon outlining five options it is considering for a proposed potential to emit rule. This rule which will mandate how a source determines its emission potential will be used to determine whether a source is considered "major" under the Clean Air Act (CAA) and thus subject to more stringent controls and permitting requirements. Sources with their potential emissions below the thresholds would not be considered major and, therefore, subject to the stringent standards.

In a previous draft potential to emit rule, EPA determined that only federally enforceable emission control requirements could be used in calculating a sources potential to emit. Consequently, this determination precluded source's from using state and local government requirements in making their threshold determinations. However, in a number of cases involving new source review, air toxic and federal air operating permit requirements, the U.S. Court of Appeals for the District of Columbia has rejected or remanded this requirement to EPA for resolution. As a response to these court decisions, EPA will be proposing a new potential to emit rule.

The five options under consideration for this rule include:

• allowing sources to include any regulation from any state or local agency that requires reductions in air pollution emissions.
• allowing sources to include only air pollution regulations from any state or local agency.
• allowing use of state and local requirements but the source would need to demonstrate the effectiveness of the control to limit potential emissions.
• establishing a system where sources could agree that state controls used to limit their potential to emit are federally enforceable, and
• continuing with the current federal enforceability requirement but streamline the process.

EPA expects to release the discussion paper by the end of the year. For a copy when it becomes available, email or call Marsha_A_Beery@rl.gov of Fluor Daniel Hanford, Inc. Lacey Office at (360) 709-0664.

EPA ISSUES FINAL COMPLIANCE ASSURANCE MONITORING RULE

On October 1, EPA issued its final Compliance Assurance Monitoring (CAM) rule under the Clean Air Act. The rule establishes minimum applicable monitoring, operation, and maintenance requirements to ensure that emission controls at a facility will continue to comply with emission limits. The CAM rule applies to facilities that operate air emission control devices that are subject to any federally enforceable regulations (issued prior to 1990) of the Title V operating permit. The rule includes provisions that:

• establish criteria for owners or operators of existing air emission controls to use in providing reasonable assurance that the controls are in compliance with emission limits and standards.
• allow owners or operators of air emission sources to use compliance assurance monitoring data to certify that their facility complies with Title V permit conditions.
• require owners or operators of air emission units with control equipment to develop and conduct monitoring. The monitoring will include an acceptable range for operation for the control device.
• require owners or operators to take prompt corrective action on control equipment that is operating outside acceptable ranges.
• exempts owners or operators of facilities where continuous compliance monitoring is already specified in the operating permit from additional CAM rule related monitoring requirements.

The CAM rule will be published in the Federal Register soon. FDH's Environmental Protection is in the process of determining how this final rule will impact Hanford. For more information, email or call Kirk_A_Peterson@rl.gov of Fluor Daniel Hanford, Inc. at (509) 372-2364.

From Olympia:

ECOLOGY PROPOSES TO AMEND WASTEWATER DISCHARGE PERMIT FEE RULE

On October 15, Ecology published its proposed rule amending Chapter 173-224 WAC, Wastewater Discharge Permit Fees. This rule provides the fee schedule that Ecology uses to assess annual permit fees for wastewater and/or stormwater permit holders. Ecology is amending the rule to increase annual wastewater permit fees by 4.05% in FY 98 and 4.01% in FY 99 for continued funding of the program. Ecology is also proposing changes to other provisions of the rule to:

• require facilities that obtain a permit to pay the permit fee regardless of whether or not the facility ever operates;
• establish a minimum $100 fee for Ecology to process refunds;
• add a new definition for non-operating aggregate sites; and
• add a procedure for processing delinquent accounts.

Ecology held public hearings on the proposed rule in November and intends to adopt the rule by mid-January. Comments on the proposed rule must be received in Ecology by November 25, 1997. For more information, email or call Christopher_P_Strand@rl.gov of Fluor Daniel Hanford, Inc. at (509) 376-8556.

NOTICE

On November 21, the University of Washington is sponsoring a course on the Revised Standards for Particulate Matter and Ozone. The course will be held at the University of Washington Student Union Building from 8 am until 4:30 pm. The cost of the course is $195. Call (206) 543-1069 for more information.

The First Annual University of Washington Conference on the Ecological Community and Occupational Health Issues At Hanford will be held on December 3 and 4 at the Double Tree Hotel, 802 George Washington Way, in Richland. The Conference will be held on December 3 from 11am until 7:30pm and on December 4 from 8 am until noon. Cost of the Conference is $25. Contact Joyce at (206) 685-3676 for registration forms.