Privacy & Security Notice

Image of Hanford Site Hanford
Environmental
Report
Dedicated to Environmental Compliance

Volume 23, Number 11 - November 9, 2001

From Washington D.C.:

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On October 2, 2001, EPA published a notice (66 FR 50195) in the Federal Register announcing that draft guidance on "Recognizing Completion of Corrective Action Activities at RCRA Facilities" was available for public review and comment.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The draft guidance does not impose legally-binding requirements on EPA, States, or the regulated community and may not apply to a particular situation based upon the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 The draft guidance is available on the Internet at http://www.epa.gov/correctiveaction.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.

EPA RELEASES FINAL VERSION OF THE HANDBOOK OF GROUNDWATER PROTECTION AND CLEANUP POLICIES FOR RCRA CORRECTIVE ACTION

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.

EPA ISSUES FINAL RULE ESTABLISHING THE TOTAL MAXIMUM DAILY LOAD AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM REVISIONS EFFECTIVE DATE

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.

EPA RELEASES DRAFT GUIDANCE ON DEMONSTRATING COMPLIANCE WITH THE LAND DISPOSAL RESTRICTIONS ALTERNATIVE SOIL TREATMENT STANDARDS

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 PUBLISHES UPDATED AND NEW DRAFT AND FINAL TOXICOLOGICAL PROFILES

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.

Briefly:



FEDERAL/STATE
REGISTER REVIEW

66 FR 50135
On October 2, 2001, EPA published a notice announcing that the comment period for the proposed guidelines for implementation of the best available retrofit technology (BART) requirements under the regional haze rule has been extended. The new comment due date is October 5, 2001. Comments must be received by EPA on or before that date.
66 FR 50182
On October 2, 2001, EPA published a notice announcing that it was planning to submit an ICR on Institutional Controls Tracking Systems and Costs Survey to OMB for review and approval (see briefly, this edition). Comments on the ICR must be received by EPA on or before December 3, 2001.
66 FR 50184
On October 2, 2001, EPA published a notice announcing that an ICR on the Underground Injection Control Program has been forwarded to OMB for review and approval. Comments must be received by EPA on or before November 1, 2001.
66 FR 50195
On October 2, 2001, EPA published a notice announcing that draft guidance entitled, "Recognizing Completion of Corrective Action Activities at RCRA Facilities" was available for public review and comment (see article, this edition). Comments on the draft guidance must be received by EPA on or before November 1, 2001.
66 FR 50332
On October 3, 2001, EPA published a direct final rule clarifying revisions to the HWIM rule (see article, this edition). The final rule becomes effective December 3, 2001, unless EPA receives adverse comments by November 2, 2001, at which time EPA will publish a timely withdrawal of the rule in the Federal Register. Elsewhere in this same Federal Register, EPA has published a proposed rule (66 FR 50379) clarifying revisions to the HWIM rule (see article, this edition). Comments on the proposed rule revisions must be received by EPA on or before November 2, 2001.
66 FR 50334
On October 3, 2001, EPA published a final rule to amend the National Pretreatment Program regulations to allow publicly owned treatment works that have completed the project excellence and leadership selection process to modify their approved local Pretreatment Programs. The final rule became effective October 3, 2001.
66 FR 50431
On October 3, 2001, EPA published a notice announcing that DOE documents on waste characterization programs applicable to certain transuranic radioactive waste at the Idaho National Engineering and Environmental Laboratory proposed for disposal at the Waste Isolation Pilot Project were available for public review. Comments on the documents must be received by EPA on or before November 2, 2001.
66 FR 50642
On October 4, 2001, EPA published a notice announcing that an ICR on Superfund Site Evaluation and Hazard Ranking System had been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before November 5, 2001.
66 FR 50644
On October 4, 2001, EPA published a notice announcing that two draft standards, "Permitting Data Standard," and "Enforcement and Compliance Data Standard," were available for pubic review and comment. The draft data standards can be found on the Internet at http://www.epa.gov/edsc. Comments on the draft standards must be received by EPA on or before November 19, 2001.
66 FR 51032
On October 5, 2001, EPA published a notice announcing that an ICR on Disinfectants/Disinfection Byproducts, Chemical, and Radionuclides Rules has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before November 5, 2001.
66 FR 51034
On October 5, 2001, EPA published a notice announcing that an ICR on Public Water System Supervision Program has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before November 5, 2001.
66 FR 50961
On October 5, 2001, EPA published a notice announcing the availability of three reports entitled, "Arsenic in Drinking Water: 2001 Update," "Report of the Arsenic Cost Working Group to the National Drinking Water Advisory Council," and the "Arsenic Rule Benefits Analysis: A Science Advisory Board Review," for review and comment. The reports provide recommendations on the science, cost of compliance, and benefits analysis in support of the arsenic in drinking water rule. Comments on the reports must be received by EPA on or before October 31, 2001. The reports can be obtained from the Internet through links from EPA's arsenic web page at http://www.epa.gov/safewater/arsenic.html.
66 FR 51033
On October 5, 2001, EPA published a notice announcing that an ICR on the Public Water System Supervision Program has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before November 5, 2001.
66 FR 51275
On October 5, 2001, EPA published the Forty-Eighth Report of the Toxic Substances Control Act Interagency Testing Committee, which adds several chemicals to its Priority Testing List and is requesting comments on these chemicals. Comments must be received by EPA on or before November 5, 2001.
66 FR 51517
On October 9, 2001, EPA published a proposed rule modifying EPA Method 1631, Revision C: Mercury in Water by Oxidation, Purge and Trap and Cold Vapor Atomic Fluorescence Spectrometry (Method 1631C), which measures mercury in aqueous samples. The modification is to satisfy a Settlement Agreement. Comments on the proposed rule must be received by EPA on or before December 10, 2001.
66 FR 51953
On October 11, 2001, EPA published a notice announcing that guidance entitled, "Risk Burn Guidance for Hazardous Waste Combustion Facilities (EPA530-R-01-001, July 2001) is available. This guidance updates a previous guidance entitled, "Guidance on Collection of Emissions Data to Support Site-Specific Risk Assessments at Hazardous Waste Combustion Facilities." The guidance can be found on the Internet at http://www.epa.gov/epaoswer/hazwaste/combust.htm.
66 FR 52191
On October 12, 2001, EPA published a proposed rule amending the RCRA hazardous waste permitting program to allow for a "standardized permit" (see briefly, this edition). Comments on the proposed rule must be received by EPA on or before December 11, 2001.
66 FR 52361
On October 15, 2001, EPA published a partial withdrawal of a direct final rule on regulations for hazardous waste burning cement kilns, lightweight aggregate kilns, and incinerators that was promulgated on September 30, 1999 (66 FR 35087). The withdrawal is effective immediately.
66 FR 52606
On October 16, 2001, EPA published a notice announcing that the draft Strategy for Waterborne Microbial Disease is available. This draft Strategy explains suggested approaches to reducing microbial pollution of the Nation's waters. EPA will hold a public hearing on the Strategy on November 6, 2001 in Arlington, Virginia. The draft Strategy can be found on the Internet at http://www.epa.gov/ost/criteria/microbialdraft.pdf. Comments on the draft Strategy must be received by EPA on or before November 15, 2001.
66 FR 52762
On October 17, 2001, EPA published a notice announcing that the final version of the "Handbook of Groundwater Protection and Cleanup Policies for RCRA Corrective Actions," is available (see article, this edition). The Handbook can be found on the Internet at http://www.epa.gov/correctiveaction.
66 FR 52830
On October 17, 2001, the Department of Transportation published a notice announcing that OMB has approved ICR's on "Hazardous Materials Incident Reports" and several other requirements. The expiration dates for these ICRs are September 30, 2004 and October 31, 2004.
66 FR 52917
On October 18, 2001, EPA published a notice announcing that an ICR on the Compliance Assurance Monitoring Program has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before November 19, 2001.
66 FR 52918
On October 18, 2001, EPA published a notice announcing that two draft documents entitled, "Guidance on Demonstrating Compliance with the Land Disposal Restrictions Alternative Soil Treatment Standards," and "Interpretive Memorandum on the Stabilization of Organic-Bearing Hazardous Wastes," were available for review and comment (see article, this edition). Comments on these guidances must be received by EPA on or before December 3, 2001.
66 FR 53043
On October 18, 2001, EPA published a final rule establishing April 30, 2003, as the effective date of the revisions to the TMDL and NPDES program regulations published in the Federal Register on July 13, 2000 (see article, this edition). The final rule published July 13, 2000 (65 FR 43586) becomes effective April 30, 2003. The amendments to 40 CFR 130.7(d)(l) become effective November 19, 2001.
66 FR 53281
On October 19, 2001, DOT published a notice announcing that it was extending the comment period on guidance it was developing on when a reasonable person, offering, accepting, or transporting a hazardous material in commerce would be deemed to have knowledge of facts giving rise to a violation of the Federal Hazardous Materials law or the Hazardous Materials regulations (66 FR 42909). The comment period is being extended to February 28, 2002. DOT is also postponing a pubic meeting it was having on November 14, 2001. Comments on the guidance must be received in DOT by February 28, 2001.
66 FR 53535
On October 23, 2001, EPA published a direct final rule to revise the definition of municipal solid waste landfill unit in the "Criteria for Classification of Solid Waste Disposal Facilities and Practices and the Criteria for Municipal Solid Waste Landfills." This action is being taken to accelerate the pace of lead-based paint removal from residences. The direct final rule becomes effective on January 22, 2002, unless EPA receives adverse comments by November 23, 2001. Elsewhere in this Federal Register, EPA has published a proposed rule (66 FR 53566) on this same subject in the event EPA receives adverse comments on the direct final rule.
66 FR 53610
On October 23, 2001, the ATSDR published a notice announcing the availability of one update and one new draft toxicological profile developed for the DOE for review and comment (see article, this edition). Comments on the profiles must be received by EPA on or before February 22, 2002.
66 FR 53611
On October 23, 2001, the ATSDR published a notice announcing the availability of the fifteenth set of toxicological profiles consisting of three new drafts and two updated drafts for review and comment (see article, this edition). Comments on the draft profiles must be received by EPA on or before February 22, 2002.
66 FR 53612
On October 23, 2001, the ATSDR published a notice announcing the availability of six updated final toxicological profiles of priority hazardous substances (see article, this edition). The profiles can be obtained from the Department of Commerce, National Technical Information Service at 1/800-553-6847.
66 FR 54014
On October 25, 2001, the ATSDR published a notice announcing that the revised CERCLA Priority List of 275 Hazardous Substances was available for review and comment (see article, this edition). In addition, the ATSDR has developed a Completed Exposure Pathway Site Count Report that lists the number of sites or events with ATSDR activities where a substance has been found in a completed exposure pathway. The Priority List can be found on the Internet at http://www.atsdr.cdc.gov.clist.html. The CEP report can be found on the Internet at http://www.atsdr.cdc.gov.cep.html.
66 FR 54178
On October 26, 2001, EPA published a notice announcing that it will be holding public hearings and soliciting comments on the proposed rule establishing electronic reporting and electronic records published in the Federal Register on August 31, 2001. The public hearings will be held October 29, 2001, at 9:30 a.m. in Washington, D.C. and on November 9, 2001, at 9:30 a.m. in Chicago, Illinois.
66 FR 54303
On October 26, 2001, the NRC published a notice announcing that it was concurring with DOE's revisions to the "General Guidelines for the Recommendation of Sites for Nuclear Waste Repositories," and on its guidelines for determining the "Yucca Mountain Site Suitability Guidelines" (see briefly, this edition). The effective date of this concurrence is October 26, 2001.
66 FR 54514
On October 29, 2001, EPA published a notice announcing that it is planning to submit ICRs on fourteen regulatory requirements to OMB for review and approval. Comments on these ICRs must be received by EPA on or before December 28, 2001.
66 FR 54522
On October 29, 2001, EPA published a notice announcing that it will be holding Emergency Planning and Community Right-To-Know Act (EPCRA)/Toxic Release Inventory (TRI) Training workshops throughout the U.S. in the fall of 2001 (see briefly, this edition). Information on the workshops can be found on the Internet at http://www.epa.gov/tri.
66 FR 54742
On October 30, 2001, EPA published a proposed rule amending three significant new use (SNU) rules to allow certain uses without requiring a SNU notice. Comments on the proposed rule must be received by EPA on or before November 29, 2001.
66 FR 54769
On October 30, 2001, EPA published a notice announcing that it is holding the 2002 National Resource Conservation and Recovery Act meeting on January 15-18, 2002. The meeting will look at future management issues of hazardous and non-hazardous waste. The meeting will be held in Washington, D.C. Registration can be done electronically on the Internet at http://www.epa.gov/osw/meeting/index.htm.
WSR 01-19-046
On October 3, 2001, Ecology published its "Revised Stormwater Management Manual for Western Washington." This manual will assist users to better manage stormwater in western Washington and can be found on the Internet at http://www.ecy.wa.gov/programs/wq/stormwater/index.html.
WSR 01-20-034
On October 17, 2001, Ecology published a policy statement, POL-1030, which provides guidance to its program personnel on the use of preliminary permits under the Water Resource Program. Preliminary permits require applicants to provide Ecology with certain information they will use to properly assess the water right application. For a copy of the policy, contact Thom Lufkin at (360) 407-6631.

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

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