Hanford Environmental Report - November 10, 2000

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 22, Number 11 - November 10, 2000

From Washington D.C.:

EPA ISSUES FINAL RULE AMENDING THE STATIONARY SOURCE TESTING AND MONITORING REGULATION

On October 17, 2000, EPA published its final rule (65 FR 61744) in the Federal Register amending the stationary source testing and monitoring regulation under 40 CFR Parts 60, 61. EPA is also promulgating Performance Specification 15, which contains the criteria for certifying continuous emissions monitoring systems that use fourier transform infrared spectroscopy. EPA made numerous editorial changes and technical corrections to update the rules but did not change the compliance standards or reporting and recordkeeping requirements. Revisions were primarily made to sections on source testing or monitoring of emissions and operations.

In an effort to make the test methods and performance specifications more uniform in content and interchangeable with other Agency methods, EPA has also restructured the performance specifications in Parts 60, 61, and 63. The new format is based on recommendations by the Environmental Monitoring Management Council and is intended to help integrate and make consistent the test methods developed by different EPA programs. The final rule became effective October 17, 2000. Kirk Peterson with Compliance Field Services is currently reviewing this rule to determine how it will impact Hanford. For more information, email or call Kirk_A_FDH_Peterson@rl.gov of Fluor Hanford's Compliance Field Services at (509) 372-2364.

EPA ISSUES DRAFT FINAL POLICY ON THE USE OF ALTERNATE DISPUTE RESOLUTION

On October 6, 2000, EPA published a draft final policy (65 FR 59837) on the use of Alternate Dispute Resolution (ADR) in the Federal Register for public review and comment. This draft final policy replaces the Interim Statement of Policy on ADR published in the Federal Register (65 FR 13383) on March 13, 2000. The policy is intended to be used in both internal Agency disagreements and external conflicts. ADR involves the use of a third party to resolve conflicts. The draft final ADR policy discusses:

The types of situations in which ADR should be considered;
How EPA is organized to support ADR;
Confidentiality of information in ADR processes;
Efforts to promote a commitment to and awareness of ADR within the Agency; and
How the success of ADR will be measured.

The Office of General Counsel, the Office of Enforcement and Compliance Assurance and the Office of Administrative Law Judges are being encouraged to use ADR to resolve conflicts between Agency and regulated entities. Comments on the draft policy must be received by EPA on or before December 5, 2000. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

DOE PROPOSES AMENDMENTS TO DOE ORDER 5400.5, RADIATION PROTECTION OF THE PUBLIC AND ENVIRONMENT

On October 12, 2000, DOE published a notice (65 FR 60653) in the Federal Register announcing that it was proposing to amend DOE Order 5400.5, Radiation Protection of the Public and Environment. The amendment adds two new chapters to the Order which are intended to address Secretary Richardson's July 2000 policy directive that suspended the unrestricted release for recycling of scrap metal from radiological areas within DOE facilities until improvements were made in criteria for controlling the release of materials with residual radioactive contamination. These new chapters also place emphasis on the public availability of information, record-keeping requirements and procedures for implementing the additional constraints on recycled material. The suspension would remain in effect until improvements in DOE release criteria and information on management of scrap metals had been developed and implemented.

These proposed changes will require contractors operating at DOE facilities to have a program and procedures in place to ensure that: 1) metal released for recycling contains no detectable residual radioactive contamination; 2) the release of all property from DOE control meets DOE radiation protection requirements, and 3) releases of surplus equipment, scrap metal and other excess personal property are appropriately documented, reported, certified and verified so that the public has full access to information relating to such releases. The proposed amendments to the Order can be viewed on the Internet at http://www.eh.doe.gov/oepa. Comments on the proposed Order must be received by DOE on or before December 4, 2000. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

Notice:

Ecology will be holding a series of eight daylong Dangerous Waste Management workshops throughout Washington in January and February 2001. The workshops will be held in Vancouver on January 17, 2001; in Lacey on January 19, 2001; in Mount Vernon on January 23, 2001; in Silverdale on January 25, 2001; in Spokane on January 30, 2001; in Yakima on February 1, 2001; and in Seattle on February 7 and 8, 2001. The workshops will cover various subjects such as waste management, waste designation, container management, annual reporting, and pollution prevention. The cost of the workshops is $40 and payment is required prior to attending the workshop. The registration form and payment must be received by Ecology on or before January 10, 2001. The registration form is not available on the Internet at this time so you will need to call the Dangerous Waste program office in Olympia at 360/407-6718 if you wish to obtain the form. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

Briefly:

On October 18, 2000, the Departments of Energy, Defense, Agriculture, Commerce and the Interior, EPA, the Tennessee Valley Authority, and the Army Corp of Engineers adopted a unified federal policy on watershed management. The policy provides a framework for a watershed approach to Federal land and resource management activities for the protection of water quality and the health of aquatic ecosystems on Federal lands. It is one of the action items in President Clinton's February 1998 Clean Water Action Plan: Restoring and Protecting America's Waters. The policy became effective October 18, 2000. Copies of the policy are available on the Internet at http://www.cleanwater.gov/ufp.
The Department of Defense, Department of Energy, Environmental Protection Agency, and Nuclear Regulatory Commission have published a notice announcing that an updated version of the "Multi-Agency Radiation Survey and Site Investigation Manual" (MARSSIM) is available. The MARSSIM provides information on planning, conducting, evaluating, and documenting environmental radiological surveys of surface soils and building surfaces to demonstrate compliance with regulations. Copies of the MARSSIM are available from the Internet at http://www.epa.gov/radiation/marssim.
The Department of Health is holding public hearings on their draft Environmental Impact State for Commercial Low-Level Radioactive Waste Disposal Facility near Richland. The DEIS discusses three pending actions which they invite the public and stakeholders to comment on. These actions include: renewal of the U.S. Ecology license to operate the commercial low-level disposal site; amendment of Chapter 246-249 WAC to establish a 100,000 cubic foot per year limit for diffuse naturally occurring or accelerator produced radioactive material disposed of at the disposal site; and approval of U.S. Ecology's Site Stabilization and Closure Plan to close the site in 2056. Public hearings were held in October in Bellevue and Kennewick. A final public hearing will be held November 14, 2000, in White Salmon at the Park Center Auditorium at 7:00 p.m. Comments on the DEIS must be received by DOH on or before November 30, 2000.
On October 17, 2000, President Clinton signed legislation, known as the Truth in Regulating Act, which establishes a three-year pilot project for the General Accounting Office (GAO) to review economically significant federal agency rules. The legislation allows a chairman or ranking minority member of a committee to ask GAO to submit an independent evaluation of a major proposed or final rule to the panel. The GAO evaluation must assess the costs and benefits of the rule as well as alternative approaches.
On October 18, 2000, Ecology issued two General Permit - the General Permit for Stormwater Discharges Associated with Construction Activities and the General Permit for Stormwater Discharges Associated with Industrial Activities. These General Permits will become effective November 18, 2000. The purpose of the permits are to control the discharge of pollutants in stormwater from industrial and construction activities into waters of the state. The permits implement the Federal Clean Water Act and State Water Pollution Control Act. Construction site and industrial facilities that currently have coverage and have submitted new applications will continue to have coverage under the revised permit unless otherwise notified by Ecology. The terms and conditions of the General Permit may be appealed to the Pollution Control Hearings Board in Olympia on or before November 17, 2000. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

*FEDERAL/STATE*
	*REGISTER REVIEW*

65 FR 59414: On October 5, 2000, EPA published a notice announcing that it was submitting an Information Collection Request (ICR) on the 2001 Hazardous Waste Report to the Office of Management and Budget (OMB) for review and approval. The ICR describes the type of information being collected and its expected burden and costs. Comments on the ICR must be received by EPA on or before November 6, 2000.

65 FR 59791: On October 6, 2000, EPA published a proposed rule amending the National Pretreatment Program regulations to allow Publicly Owned Treatment Works that have completed the Project XL selection process to modify their approved local pretreatment programs. Comments on the proposed rule must be received by EPA on or before November 6, 2000.

65 FR 59837: On October 6, 2000, EPA published its draft final policy on the use of ADR (see article, this edition). This policy replaces the Interim Statement of Policy on ADR, which was issued on March 13, 2000. Comments on the draft final policy must be received by EPA on or before December 5, 2000.

65 FR 59840: On October 6, 2000, EPA published a notice announcing that the draft Guidelines for Management of Onsite/Decentralized Wastewater Systems is available for review and comment. The guidelines contain a set of model programs, which are structured to show the need for more comprehensive management as the sensitivity of the environment and/or the degree of technological complexity increases. The guidelines apply to existing communities and areas of new development that use onsite/decentralized systems of any size for residential and commercial wastewater treatment and disposal. Comments on the draft guidelines must be received by EPA on or before December 5, 2000.

65 FR 60444: On October 11, 2000, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice announcing that it was making seven updated draft toxicological profiles available for public review and comment. Comments on the profiles must be received in the ATSDR by February 23, 2001.

65 FR 60653: On October 12, 2000, DOE published a notice announcing that it was proposing to develop criteria for controlling the release of materials with residual radioactive contamination and procedures for better management of information on these releases (see article, this edition). Comments on the proposed criteria must be received by DOE on or before December 4, 2000.

65 FR 60664: On October 12, 2000, EPA published a notice of intent to revise the current, recommended human health water quality criterion for arsenic and to develop recommended criteria for methylmercury and carbofuran. EPA is also requesting that interested persons submit data and information on these contaminants. Comments on methylmercury must be received by EPA on or before November 13, 2000. Comments on carbofuran and arsenic must be received by EPA on or before December 11, 2000.

65 FR 61744: On October 17, 2000, EPA published its final rule amending the stationary source testing and monitoring regulation (see article, this edition). This rule became effective October 17, 2000.

65 FR 62532: On October 18, 2000, DOE, the Department of Defense, EPA and the Nuclear Regulatory Commission published a notice announcing that the August 2000 Revision 1 of the December 1997 Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM) is available (see briefly, this edition). The MARSSIM is available from the Internet at http://www.epa.gov/radiation/marssim.

65 FR 62566: On October 18, 2000, the Departments of Agriculture, Commerce, Defense, Energy, the Interior, and EPA, the Tennessee Valley Authority, and the Army Corp of Engineers published a final unified federal policy on watershed management (see briefly, this edition). The policy became effective October 18, 2000.

65 FR 63027: On October 20, 2000, EPA published a notice announcing it has received new risk information which the agency is considering for development of the final regulations for arsenic in drinking water. The proposed rule was published in the Federal Register on June 22, 2000 (65 FR 38888). Comments on EPA's use of the new risk analysis and development of the cost estimates for the final rule must be received by EPA on or before November 20, 2000.

65 FR 63860: On October 25, 2000, EPA published a notice announcing that it has submitted an ICR on Part 71, Federal Operating Permit Rules to OMB for review and approval. The ICR describes the nature of the information collection and its expected burden and costs. Comments on the ICR must be received by EPA on or before November 24, 2000.

65 FR 64746: On October 30, 2000, EPA published its final National Pollution Discharge Elimination System Storm Water Multi-sector General Permit (MSGP). The MSGP authorizes the discharge of storm water from industrial facilities in accordance with the permit conditions. The MSGP became effective October 30, 2000.

WSR 00-19-062: On October 4, 2000, Ecology published a notice announcing that the public comment period on the proposed rule to amend Chapter 173-340 WAC, the Model Toxic Control Act, Chapter 173-321 WAC, Public Participation Grants, and Chapter 173-322 WAC, Remedial Action Grants was being extended from September 15, 2000 to October 27, 2000. Comments on these proposed rule amendments must be received by Ecology on or before October 27, 2000.

WSR 00-19-016: On October 4, 2000, Ecology published a final rule establishing requirements for a financial assistance program to provide grants to local governments and programs under the Model Toxics Control Act and to establish a structure for the administration of coordinated prevention grants funded from the local toxics control account. The final rule became effective October 8, 2000.

WSR 00-19-017: On October 4, 2000, Ecology published a final rule amending Chapter 173-300 WAC, which establishes requirements for both the operators of solid waste incinerator and landfill facilities and inspectors of those facilities. The final rule became effective October 8, 2000.

WSR 00-19-018: On October 4, 2000, Ecology published a final rule amending Chapter 173-306, on management and disposal of incinerator ash. The final rule became effective October 8, 2000.

WSR 00-20-101: On October 18, 2000, Ecology published a pre-proposal statement of inquiry to begin rulemaking to set forth the department's understanding of statutory provisions and common law holdings and how those provisions are interpreted for the administration of water rights. The purpose of the rulemaking is to provide greater clarity and predictability on the documentation and administration of water rights. Comments on the pre-proposal statement of inquiry can be sent to Steve Hirchey, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600.

WSR 0020-012: On October 18, 2000, Ecology published an amendment to Chapter 70.107 RCW, noise control using the expedited rule adoption process. Ecology is deleting a section of the rule on future regulations because it is misleading to the public. Comments on this rule amendment must be received by Ecology on or before December 5, 2000.

WSR-20-009: On October 18, 2000, Ecology published a final rule amending Chapter 173-24 WAC, on tax exemptions and credits for pollution control facilities. The final rule became effective October 22, 2000.

WSR 00-20-084: On October 18, 2000, Ecology published a notice announcing that it has reissued a National Pollution Discharge Elimination System and state waste discharge permit for stormwater discharges associated with industrial activities in Washington (see briefly, this edition). Most industrial facilities that discharge stormwater to a surface water body are included for coverage under this permit. The permit will become effective November 18,2000.

WSR 00-20-085: On October 18, 2000, Ecology published a notice announcing that it has reissued the NPDES and state waste discharge general permit for stormwater activities associated with construction activities in Washington (see briefly, this edition). The purpose of the permit is to control the discharge of pollutants in stormwater from construction activities into waters of the state. The proposed permit implements the Federal Clean Water Act and State Water Pollution Control Act. The permit will become effective November 18, 2000.

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