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Hanford
Environmental Report |
| Dedicated to Environmental Compliance | |
Volume 24, Number 11 - November 8, 2002
On October 7, 2002, EPA published a direct final rule (67 FR 62626) in the Federal Register granting a national treatability variance from the Land Disposal Restriction (LDR) treatment standards for radioactively contaminated cadmium-, mercury- and silver-containing batteries. The direct final rule designates new treatment subcategories for these wastes. EPA is taking this action in response to a petition submitted by the DOE that was seeking a variance from existing treatment standards for the batteries. These batteries are found in equipment such as watches, cell phones, and cameras, at DOE facilities and may be used in areas where they could be exposed to radiation. EPA indicated that the current treatment and recovery standards for the batteries would be inappropriate because they could result in recovered metals that contain residual radioactivity, which would render them unusable. EPA also said that the existing treatment standards might result in workers being exposed to additional radiation.
Under the direct final rule, EPA has designated the new treatment standard to be macroencapsulation. In this treatment standard, the hazardous material is coated to reduce the surface exposure to potential leaching media and requires minimal worker handling thus reducing the potential for exposure or release. The direct final rule becomes effective November 21, 2002, unless EPA receives adverse comments by November 6, 2002, at which time the rule will be withdrawn. Elsewhere in the same Federal Register, EPA published a proposed rule (67 FR 62626) and will continue the rulemaking if the direct final rule is withdrawn. Comments on the proposed rule must be received by EPA on or before November 6, 2002. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
EPA PUBLISHES PROPOSED RULE TO AMEND TESTING AND MONITORING REQUIREMENTS OF RCRA
On October 30, 2002, EPA published a proposed rule (67 FR 66251) in the Federal Register to amend certain testing and monitoring requirements of RCRA. The changes are intended to allow for more flexibility in RCRA sampling and analysis and should make it easier and more cost effective for affected parties to comply with the regulation. This action is part of EPA's effort to move to a performance-based measurement system through the "Innovating for Better Environmental Results" program. The proposed rule amendments include:
The proposed rule would apply only to new or reissued permits and not existing RCRA permits. EPA is also making available a new guidance document entitled, "RCRA Waste Sampling Draft Technical Guidance" for review and comment. The proposed rule and guidance can be found on the Internet at http://www.epa.gov/SW-846. Comments on the proposed rule and guidance must be received by EPA on or before December 30, 2002. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
EPA FORWARDS INFORMATION COLLECTION REQUESTS TO THE OFFICE OF MANAGEMENT AND BUDGET FOR REVIEW AND APPROVAL
EPA recently forwarded several Information Collection Requests (ICRs) to the Office of Management and Budget (OMB) for review and approval. The ICRs include:
For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.
ECOLOGY PUBLISHES PREPROPOSAL STATEMENT OF INQUIRY TO RESTART THE SURFACE WATER QUALITY RULEMAKING
On October 2, 2002, Ecology published a preproposal statement of inquiry (PSI)(02-19-098) in the Washington State Register (WSR) to restart rulemaking of Chapter 173-201A WAC, the Surface Water Quality regulation. Ecology had published a previous PSI in the WSR on February 16, 1999 (WSR 99-05-060) but that PSI is outdated so is being withdrawn and replaced with the new PSI. Under the current rulemaking, Ecology will be amending the Surface Water Quality standards including:
Comments on the PSI can be sent to Mark Hicks, Department of Ecology, P.O. Box 47600, Olympia, WA 98505. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
ECOLOGY REPROPOSES AMENDMENTS TO THE DANGEROUS WASTE REGULATIONS
On October 2, 2002, Ecology published a proposed rule (WSR 02-19-099) in the WSR amending Chapter 173-303 WAC, the Dangerous Waste Regulation, to adopt a conditional exclusion for certain prescription drugs and controlled substances. A similar proposed rule (WSR 02-11-101) was previously published in the WSR on June 5, 2002, exempting controlled substances that are held as evidence by law enforcement agencies, however, Ecology decided to expand the rule to include controlled substances held by facilities that are licensees and registrants of the State Board of Pharmacy (Board) or Drug Enforcement Administration (DEA). These facilities include: hospitals, pharmacies, universities, and reverse distributors. Ecology expanded the exclusion after receiving comments from pharmacies during the public comment period on the previously proposed rule. Ecology believes that expanding the rule to include these facilities will make it easier for them to comply with management and disposal requirements for controlled substances implemented by the Board and DEA. The exclusion applies only to wastes that are regulated as state-only dangerous wastes.
Ecology has also proposed changes to correct certain citations, typographical errors, and make the rule consistent with the federal hazardous waste regulation as a result of comments Ecology received from EPA during the recent authorization process on the DW amendments adopted in June 2000. Additionally, Ecology published an emergency rule in the same WSR to immediately adopt a conditional exclusion for prescription drugs and controlled substances so that law enforcement agencies and prescription drug facilities could operate until the proposed rule is adopted. Comments on the proposed rule must be received by Ecology or before November 12, 2002. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
ECOLOGY RELEASES THE FIRST DRAFT EASTERN WASHINGTON STORMWATER MANUAL
On October 2, 2002, Ecology published a notice (WSR 02-19-108) in the WSR announcing that the first draft of the Eastern Washington Stormwater Manual (EWSM) and the Model Municipal Stormwater Program (MMSP) for Eastern Washington are available for review and comment. Ecology worked with a steering committee of stakeholders to develop these documents. The EWSM is intended to serve as a commonly accepted guide for management of stormwater in Eastern Washington. It addresses and integrates stormwater management needs under Federal and State Laws and provides for local flexibility in meeting local needs. The MMSP describes a regionally and environmentally appropriate stormwater program that satisfies federal and state regulatory requirements and that can be implemented by local government. Both the EWSM and the MMSP provide improved stormwater management tools for Eastern Washington.
Ecology and the steering committee held public workshops throughout the state in October 2002 including workshops in Spokane on October 14, Wenatchee on October 15, in Yakima on October 16, and in the Tri-Cities on October 17, to solicit public input. Comments on the documents must be received by Ecology or before November 30, 2002. The documents can be found on the Internet at http://www.ecy.wa.gov/programs/wq/stormwater/. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
On October 2, 2002, Ecology published a final rule (WSR 02-19-078) in the WSR to amend Chapter 173-401 WAC, the Air Operating Permit rule. The final rule incorporates changes to the insignificant air emission units provisions to make them consistent with the Federal Title V rule in compliance with an EPA Notice of Deficiency published in the Federal Register on December 14, 2001. Additionally, Ecology has made changes to the definition of major source and added definitions for continuous compliance and intermittent compliance to clarify expectations on compliance certification forms. The final rule became effective October 17, 2002. For more information, email or call William_E_Jr_Green@rl.gov at (509) 376-0583.
On October 2, 2002, Ecology published a notice (WSR 02-19-109) in the WSR announcing that it was planning to develop National Pollution Discharge Elimination System (NPDES) and State Waste Discharge (SWD) General Permit coverage for stormwater discharges associated with 1-5 acre small construction activities. The 1-5 acre general permit coverage is required by EPA's Phase II rule that requires all operators of small construction activities to obtain an NPDES permit before discharging stormwater runoff to a municipal storm sewer system or waters of the United States. Small construction activity includes activity that exposes soil such as grading, clearing, and excavating. Ecology will be working with the Construction Stormwater Advisory Committee composed of stakeholders to develop the general permit. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
On October 8, 2002, EPA published a notice (67 FR 62719) in the Federal Register announcing that the "Environmental Monitoring and Assessment Program Research Strategy Report" was available. The report will serve to guide the planning of EPA research efforts in developing indicators and unbiased statistical design frameworks that allow the condition of aquatic ecosystems to be assessed at local, tribal, state, regional, and national scales. The report can be found on the Internet at http://www.epa.gov/ORD/.
On October 15, 2002, EPA published a notice (67 FR 63656) in the Federal Register announcing that it will hold an on-line public dialogue for 60-days from October 16, 2002, to December 17, 2002, as part of a National Stakeholder Dialogue on the Toxics Release Inventory (TRI) Program changes that EPA is proposing. EPA is asking for suggestions on its methods for reporting, collecting, processing, and releasing the TRI data. To participate in the on-line dialogue, go to http://www.epa.gov/tri/programs/stakeholders/outreach.htm
On October 15, 2002, EPA published a notice (67 FR 63657) in the Federal Register announcing that the final report entitled, "Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by EPA (Information Quality Guidelines (IQG))" is available. The IQG is part of EPA's effort to improve the quality of data and analyses that support Agency policies, regulatory decisions, and programs. The IQG can be found on the Internet at http://www.epa.gov/oei/qualityguidelines/index.html. EPA is also including a Request for Correction process in the IQG that allows affected parties to obtain corrections to information that EPA disseminates which they believe do not meet the IQG or OMB information quality guidelines (67 FR 8451, February 22, 2002).
On October 16, 2002, Ecology published a notice (WSR 02-20-089) in the Washington State Register announcing that it was beginning the Underground Injection Control (UIC) Program rule revision process. Ecology has formed an Advisory Committee of stakeholders to assist the Agency in making decisions about the rule revision. The proposed changes Ecology is considering include: rule authorization of properly managed stormwater discharges into UIC wells; modification of the rule language to be consistent with the UIC federal rule; and consistency between rules that regulate UIC wells. Comments can be submitted to Mary Shaleen-Hansen, Ecology, P.O. Box 47600, Olympia, WA 98504. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2359.
On October 23, 2002, EPA published a final rule (67 FR 65220) in the Federal Register revising wastewater and drinking water regulations that include updated test procedures for determining chemical, radiological, and microbiological pollutants and contaminants in these waters. The Clean Water Act requires EPA to set guidelines for test procedures for analyzing pollutants regulated under the NPDES permit program. Similarly, the Safe Drinking Water Act requires EPA to set guidelines for test procedures for the national primary drinking water maximum contaminant levels (MCL). The final rule approves the use of more that one standardized analytical method that regulated facilities can use in determining compliance with the MCL, with an NPDES permit or with other monitoring requirements. The updated test procedures have also been published by the American Society for Testing and Materials International, the U.S. Geological Survey, the DOE, American Public Health Association, the American Water Works Association, and Water Environment Federation. The final rule becomes effective November 22, 2002.
On October 29, 2002, EPA published a final rule (67 FR 65876) in the Federal Register approving EPA Method 1631, Revision E: Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectrometry (Method 1631E) for determining mercury in aqueous samples. The new method replaces the currently approved version, Method 1631. The final rule also amends the requirements for preservation, storage, and holding time for low-level mercury samples. The final rule becomes effective November 23, 2002.
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