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Hanford
Environmental Report |
| Dedicated to Environmental Compliance | |
Volume 23, Number 11 - November 9, 2001
EPA ISSUES GUIDANCE ON RECOGNIZING COMPLETION OF CORRECTIVE ACTION ACTIVITIES AT RCRA FACILITIES
On October 2, 2001, EPA published a notice (66 FR 50195) in the Federal Register announcing that draft guidance on "Recognizing Completion of Corrective Action Activities at RCRA Facilities" was available for public review and comment. The guidance was developed to assist EPA and State regulators on when to make a determination that corrective action activities at contaminated sites are completed. The guidance also provides direction on proper procedures for determining that a cleanup action is complete and is to be used at contaminated treatment, storage, and disposal facilities that are cleaned up under the RCRA corrective action program. This determination of completion is intended to promote transfer of ownership of property and can help return previously used commercial and industrial properties to productive use. According to the guidance, EPA and state regulators should make a determination that corrective action is complete when a review of the remedy indicates that releases have been addressed as necessary to protect human health and the environment.
The draft guidance does not impose legally-binding requirements on EPA, States, or the regulated community and may not apply to a particular situation based upon the circumstances. EPA and State regulators retain the discretion to adopt approaches on a case-by-case basis that may differ from the guidance. The draft guidance is available on the Internet at http://www.epa.gov/correctiveaction. Comments on the guidance must be received by EPA on or before November 1, 2001. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services group.
EPA PROPOSES REVISIONS TO THE HAZARDOUS WASTE IDENTIFICATION RULE
On October 3, 2001, EPA published a direct final rule (66 FR 50332) in the Federal Register revising the Hazardous Waste Identification Rule: Revisions to the Mixture and Derived-From Rules (66 FR 27266) that was published in the Federal Register on May 16, 2001. The revisions corrects two provisions including:
The direct final rule will become effective December 3, 2001, unless EPA receives adverse comments by November 2, 2001, at which time it will withdraw the rule. EPA published a proposed rule (66 FR 50379) elsewhere in the same Federal Register in the event adverse comments are received. Comments on the proposed rule were to be received by EPA on or before November 2, 2001. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359.
On October 17, 2001, EPA published a notice in the Federal Register announcing that the final version of the "Handbook of Groundwater Protection and Cleanup Policies for RCRA Corrective Action," was available. This Handbook was developed as part of the RCRA cleanup reforms EPA announced in 1999 and 2001. The primary goal of the reforms is to promote faster, more focused, more flexible cleanups, and provide creative solutions to cleanup efforts. The goal of the Handbook is to help meet the reform objectives by reducing time-consuming uncertainties and confusion on EPA's current policies on groundwater protection and cleanup at RCRA facilities. The Handbook addresses topics including:
The final Handbook is available for immediate use. EPA intends to revise the document as needed to ensure it reflects the agency's current positions. The Handbook can be found on the Internet at http://www.epa.gov/correctiveaction. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359.
On October 18, 2001, EPA published a final rule (66 FR 53043) in the Federal Register establishing the total maximum daily load (TMDL) and national pollutant discharge elimination system (NPDES) program revisions effective date as April 30, 2003. These TMDL and NPDES program revisions were published in the Federal Register on July 13, 2000. These revisions amended and clarified existing regulations implementing Section 303(d) of the Clean Water Act which require States to identify waters that are not meeting the State water quality standards and to establish TMDLs to restore the quality of those waters. The rule also provides time frames EPA will assure that lists of waters not meeting the water quality standards and TMDLs are completed and that necessary source controls are implemented on point and nonpoint sources to meet the TMDLs.
EPA is also revising the date on which States are required to submit the next list of impaired waters from April 1, 2002, to October 1, 2002. This is intended to give States the time to incorporate recommendations EPA suggested in guidance entitled, "2002 Integrated Water Quality Monitoring and Assessment Report Guidance," which is currently being finalized (see briefly, this edition). EPA has scheduled five listening sessions throughout the United States on the TMDL rule revisions including, Chicago on October 22-23, 2001; Sacramento on November 1-2, 2001; Atlanta on November 7-8, 2001; Oklahoma City on November 15-16, 2001; and Washington, D.C., on December 11, 2001. The final rule revisions on 40 CFR Parts 9, 122, 123, 124 and 130 become effective April 30, 2003. The final rule amending 40 CFR 130.7(d)(1) becomes effective on November 19, 2001. For more information, email or call John_A_Winterhalder@rl.gov at (509) 372-8144 with Fluor Hanford's Regulatory and Environmental Compliance group.
On October 18, 2001, EPA published a notice (66 FR 52918) in the Federal Register announcing that two draft documents were available for public review and comment. These are:
EPA is requesting public review and comment on these documents. The guidance documents do not impose any regulatory requirements or are not a binding regulation. Comments on the draft documents must be received by EPA on or before December 3, 2001. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359.
The Agency for Toxic Substances and Disease Registry (ATSDR) has published several notices in the Federal Register announcing that updated, new draft and final toxicological profiles are available. ATSDR is directed under CERCLA to prepare toxicological profiles most commonly found at facilities on the National Priority List and that pose the most significant threat to human health. The ATSDR currently has a list of 275 priority substances that were published in a Federal Register on October 21, 1999 (64 FR 56792). These current actions include:
For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.
EPA ISSUES DRAFT TEMPERATURE GUIDANCE FOR PROTECTION OF SALMONIDS
On October 31, 2001, EPA Region 10 issued guidance for states and tribes to use in developing water quality standards for temperature that protect native salmonids including salmon, steelhead, bull trout, and cutthroat trout, in the Pacific Northwest for public review and comment. The draft guidance is a result of a two-year initiative involving Northwest states, tribes, and other federal agencies to gather and review information about the relationship between the temperature of rivers and streams and the health of salmonids.
The draft guidance describes a process that states and tribes can use to develop temperature standards that meet the biological needs of salmoids and reflects the natural potential of rivers and streams to achieve these temperatures. It recommends that:
EPA plans to finalize the guidance in the spring of 2002. It will be holding four public workshops on the guidance throughout the Pacific Northwest including workshops in Kennewick Ecology Office on November 28, 2001; Salem, Oregon, on December 4, 2001; Lacey, Washington on December 5, 2001 in the Attorney General Conference Room; and Boise, Idaho on December 6, 2001. As part of developing the scientific foundation for the guidance, the EPA's Technical Work Group produced five Technical Issue Summaries which were peer-reviewed and can be found on the Internet at http://yosemite.epa.gov/R10/water.nsf/webpage/Water+Issues+in+Region+10?openDocument. Comments on the guidance must be received by EPA on or before December 21, 2001. For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.
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