Privacy & Security Notice

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Environmental
Report
Dedicated to Environmental Compliance

Volume 24, Number 11 - November 8, 2002

From Washington, D.C.:

EPA PUBLISHES DIRECT FINAL RULE TO GRANT A TREATMENT VARIANCE FROM THE LAND DISPOSAL RESTRICTIONS FOR CERTAIN RADIOACTIVELY CONTAMINATED BATTERIES

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effective November 21, 2002, unless EPA receives adverse comments by November 6, 2002, at which time the rule will be withdrawn.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Register, EPA published a proposed rule (67 FR 62626) and will continue the rulemaking if the direct final rule is withdrawn.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.

From Olympia:

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.

Briefly:



FEDERAL/STATE
REGISTER REVIEW

67 FR 61622
On October 1, 2002, EPA published a notice announcing that the EPA Science Advisory Board was meeting in October and November 2002 to discuss a draft report entitled, "Contaminated Sediment Science Plan" which can be found on the Internet at http://www.epa.gov/sab/panels/cssprpanel.html.
67 FR 61621
On October 1, 2002, EPA published a notice announcing that an ICR on Criteria for Classification of Solid Waste Disposal Facilities and Practices, Recordkeeping and Reporting Requirements had been forwarded to the OMB for review and approval (see article, this edition). Comments on the ICR must be received by EPA on or before October 31, 2002.
67 FR 61879
On October 2, 2002, EPA published a notice announcing that an ICR on National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards had been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before November 1, 2002.
67 FR 61880
On October 2, 2002, EPA published a notice announcing that an ICR on UOMS Recordkeeping and Reporting Requirements had been forwarded to OMB for review and approval (see article, this edition). Comments on the ICR must be received by EPA on or before November 1, 2002.
67 FR 62243
On October 4, 2002, EPA published a notice listing numerous OMB responses to EPA ICR submissions.
67 FR 62626
On October 7, 2002, EPA published a proposed rule granting a national treatability variance from the LDR treatment standards for radioactively contaminated cadmium-, mercury-, and silver-containing batteries by designating new treatment subcategories for these wastes in response to a rulemaking petition from the DOE (see article, this edition). Comments on the proposed rule must be received by EPA on or before November 6, 2002. Elsewhere in the same Federal Register, EPA published a direct final rule (67 FR 62617) on this same subject. The direct final rule becomes effective November 21, 2002, unless EPA receives adverse comments by November 6, 2002.
67 FR 62465
On October 7, 2002, EPA published a notice announcing that it was planning to submit an ICR on Part B Permit Application, Permit Modifications, and Special Permits to OMB for review and approval (see article, this edition). Comments on the ICR must be received by EPA on or before December 6, 2002.
67 FR 62719
On October 8, 2002, EPA published a notice announcing that final guidance entitled, "Environmental Monitoring and Assessment Program Research Strategy" was available (see briefly, this edition). The guidance can be found on the Internet at http://www.epa.gov/ORD/ .
67 FR 63656
On October 15, 2002, EPA published a notice 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 Toxics Release Inventory (TRI) Program (see briefly, this edition). To participate in the on-line dialogue, go to http://www.epa.gov/tri/programs/stakeholders/outreach.htm.
67 FR 63657
On October 15, 2002, EPA published a notice announcing that a document entitled, "Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility and Integrity of Information Disseminated by the EPA" was available (see briefly, this edition). The document can be found on the Internet at http://www.epa.gov/oei/qualityguidelines.
67 FR 63867
On October 16, 2002, EPA published a notice announcing that the comment period on the proposed effluent guidelines and new source performance standards for the construction and development category rule has been extended. Comments on the proposed rule must be received by EPA on or before December 23, 2002.
67 FR 64366
On October 18, 2002, EPA published a notice announcing that an Information Collection Request on 2003 Drinking Water Infrastructure Needs Survey has been forwarded to the Office of Management and Budget for review and approval. Comments on the ICR must be received by EPA on or before November 18, 2002.
67 FR 64366
On October 18, 2002, EPA published a notice announcing that an ICR on RCRA reporting and recordkeeping requirements for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste has been forwarded to OMB for review and approval (see article, this edition). Comments on the ICR must be received by EPA on or before November 18, 2002.
67 FR 64741
On October 21, 2002, EPA published final rule amendments to the national emission standards for hazardous air pollutants for publicly owned treatment works. The amendments are the result of a settlement agreement between EPA and the Pharmaceutical Research and Manufacturers of America. The final rule amendments became effective October 21, 2002.
67 FR 64815
On October 22, 2002, EPA published final rule, which has determined that the Wallula non-attainment area in Washington has attained the National Ambient Air Quality Standards for particulate matter less than 10 microns. The final rule becomes effective November 21, 2002.
67 FR 65220
On October 23, 2002, EPA published a final rule establishing test procedures for the analysis of pollutants under the Clean Water Act, the National Primary Drinking Water regulations, and the National Secondary Drinking Water Regulations (see briefly, this edition). The final rule becomes effective November 22, 2002.
67 FR 65077
On October 23, 2002, EPA published a proposed rule approving most, but not all, of the State Implementation Plan (SIP) revisions for visibility submitted by Washington State on November 5, 1999. Comments on the SIP must be received by EPA on or before November 22, 2002.
67 FR 65375
On October 24, 2002, the Nuclear Regulatory Commission (NRC) signed a Memorandum of Agreement (MOU) with EPA on the radiological decommissioning and decontamination of NRC-licensed sites. The MOU responds to a House Committee on Appropriations report and a Government Accounting Office Report.
67 FR 65346
On October 24, 2002, EPA published a notice listing numerous OMB responses to EPA ICR submissions.
67 FR 65356
On October 24, 2002, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice announcing that it is making available seven updated final toxicological profiles for aldrin and dieldrin; beryllium, creosote, coal tars and coal tar pitch, DDT, DDD, and DDE, Di(2-ethylhexyl) phthalate, hexaclorobenzene; and methoxychlor.
67 FR 65357
On October 24, 2002, ATSDR published a notice announcing that it is making available five draft profiles for chemicals or chemical compounds including ammonia and ammonia compounds, chlorine dioxide, copper and cupric sulfate, polybrominated biphenyls and polybrominated diphenyl ethers, and synthetic vitreous fibers. Comments on the draft profiles must be received by EPA on or before February 24, 2003.
67 FR 65876
On October 29, 2002, EPA published a final rule approving EPA Method 1631, Revision E: Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectometry (Method 1631E) for determining mercury in water samples (see briefly, this edition). The final rule becomes effective November 23, 2002.
67 FR 65888
On October 29, 2002, EPA published a final rule approving the analytical method and minimum reporting level to support the Unregulated Contaminant Monitoring Regulations List 2 Aeromonas monitoring. The final rule becomes effective November 29, 2002.
67 FR 66144
On October 30, 2002, EPA published a notice announcing that it was planning to submit an ICR on Maximum Achievable Control Technology Reporting and Recordkeeping Requirements for the Hazardous Waste Combustors. Comments on the ICR must be received by EPA on or before December 30, 2002.
67 FR 66251
On October 30, 2002, EPA published a proposed rule amending certain testing and monitoring requirements of the RCRA regulation (see article, this edition). Comments on the proposed rule and guidance must be received by EPA on or before December 30, 2002.
WSR 02-19-077
On October 2, 2002, Ecology published a proposed rule establishing standards for review of applications for underground artificial storage and recovery projects and standards for identification and mitigation of potential adverse impacts to ground water quality or the environment. Comments on the proposed rule must be received by Ecology or before October 16, 2002.
WSR 02-19-078
On October 2, 2002, Ecology published a final rule amending Chapter 173-401WAC, the AOP rule, to incorporate changes to the insignificant air emissions units provisions as required by an EPA Notice of Deficiency (see briefly, this edition).
WSR 02-19-079
On October 2, 2002, Ecology published an emergency rule to adopt a conditional exclusion for prescription drugs and for controlled substances under the DW regulation (see article, this edition). The emergency rule will be in effect until the proposed rule (WSR 02-19-099) published in the same WSR is adopted.
WSR 02-19-097
On October 2, 2002, Ecology published a notice announcing that it was withdrawing CR-101 filing titled Administrative Order 98-20, WSR 99-05-060 dated February 16, 1999, Chapter 173-201A WAC, Surface Water Quality Standards (see article, this edition). This CR-101 is being replaced by CR-101 Administrative Order 02-14.
WSR 02-19-098
On October 2, 2002, Ecology published a pre-proposal statement of inquiry to begin rulemaking on Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington (see article, this edition). For more information, interested parties can contact Mark Hicks, Ecology Headquarters Office, P.O. Box 47600, Olympia, WA 98505-7600.
WSR 02-19-099
On October 2, 2002, Ecology published a proposed rule amending the DW regulation to adopt a conditional exclusion for prescription drugs and for controlled substances based on an emergency rule that was adopted January 25, 2002 (see article, this edition). Comments on the proposed rule must be received by EPA on or before November 12, 2002.
WSR 02-19-108
On October 2, 2002, Ecology published a notice announcing that the first draft of the Eastern Washington Stormwater Manual was available for public review and comment (see article, this edition). Comments on the draft manual must be received by Ecology or before November 30, 2002.
WSR 02-19-109
On October 2, 2002, Ecology published a notice announcing that it was planning to develop NPDES and SWD general permit coverage for stormwater discharges for 1 - 5 acre small construction activities (see briefly, this edition). Comments can be submitted to Jeff Killelea at P.O. Box 47600, Olympia, WA 98504.
WSR 02-20-080
On October 16, 2002, Ecology published a PSI to begin rulemaking to amend Chapter 197-11 WAC, the State Environmental Policy Act. The rule is being revised to conform with legislation set forth in Chapter 43.21C RCW which exempts specific proposed actions from SEPA review. Comments on the PSI can be sent to Barbara Ritchie, Ecology, P.O. Box 47703, Olympia, WA 98504.
WSR 02-20-090
On October 16, 2002, Ecology published a final rule amendment to allow the Agency to grant accreditation for tests on matrices other than water, for physical tests, and for drinking water tests. The final rule also allows Ecology to grant accreditation as a national environmental laboratory accreditation program accrediting authority. The final rule becomes effective on November 1, 2002.
WSR 02-20-087
On October 16, 2002, Ecology published a notice asking the public for new water quality data to be used in placing polluted water bodies on Washington's 303(d) list of impaired lakes, rivers, and bays. The deadline to submit data is December 16, 2002. Data can be sent to Mathew Green, Ecology, P.O. Box 47600, Olympia, WA 98504.
WSR 02-20-089
On October 16, 2002, Ecology published a notice announcing that it is starting the underground injection control program rule (Chapter 173-218 WAC) revision process (see briefly, this edition). Comments can be submitted to Mary Shaleen-Hansen, Ecology, P.O. Box 47600, Olympia, WA 98504.

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

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