Hanford Environmental Report - November 14, 2003

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 25, Number 11 - November 14, 2003

From Washington, D.C.:

EPA PUBLISHES FINAL RULE ON THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SITE REMEDIATION

On October 8, 2003, EPA published a final rule (68 FR 58171) in the Federal Register promulgating the national emission standards for hazardous air pollutants (NESHAP) for site remediation. The final rule implements section 112 (d) of the Clean Air Act to control hazardous air pollutant (HAP) emissions at major sources where remediation technologies and practices are used to clean up contaminated environmental media such as soils and ground or surface waters or to clean up certain stored or disposed of materials that pose a reasonable potential threat to contaminate these media.

Site remediations that are subject to the NESHAP are required to control emissions of organic HAP by meeting emission limitations and work practice standards that meet the application of the maximum achievable control technology (MACT). The final rule applies to three types of affected sources including:

Process vents on in-situ and ex-situ remediation treatment processes;
Units used to manage remediation materials; and
Equipment leaks from pumps, valves, and other ancillary equipment associated with the remediation activities.

The final rule became effective October 8, 2003. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

EPA PUBLISHES FINAL RULE REVISING THE PREVENTION OF SIGNIFICANT DETIORIATION (PSD) AND NON-ATTAINMENT NEW SOURCE REVIEW (NSR) RULE ON EQUIPMENT REPLACEMENT FOR ROUTINE MAINTENANCE, REPAIR AND REPLACEMENT

On October 27, 2003, EPA published a final rule (68 FR 61247) in the Federal Register revising the regulations on the new source review (NSR) program under Title 1, Parts C and D of the Clean Air Act. The amendment allows for a category of equipment replacement activities that are not subject to major NSR requirements under the routine maintenance, repair and replacement exclusion. The final rule specifies that the replacement of components of a process unit with identical components or their functional equivalent will come within the scope of the exclusion if:

the cost of replacing the component falls below 20 percent of the replacement value of the process unit of which the component is a part;
the replacement does not change the unit's basic design parameters; and
the unit continues to meet enforceable emission and operational limitations.

The exclusion is intended to allow owners or operators to replace components under a wider variety of circumstances than they have been able to do under the previous regulation. The final rule becomes effective December 26, 2003. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

EPA PUBLISHES A PROPOSED RULE REVISING THE DEFINITION OF SOLID WASTE

On October 28, 2003, EPA published a proposed rule (68 FR 61557) in the Federal Register revising the definition of solid waste to exclude hazardous waste from regulation under Subtitle C of RCRA when it is generated and reclaimed in a continuous process within the same industry. Under the proposed rule, the recycled materials would not have to be managed as either a solid or hazardous waste when reclaimed in this way. EPA developed the rule as the result of an April 2000 decision by the U.S. Court of Appeals for the District of Columbia Circuit on the applicability of RCRA rules to waste that is recycled (the Association of Battery Recyclers Inc.v. EPA, 208 F .3d 1047, 50 ERC 1285, D.C. Cir. 2000). The proposed rule also adds new language that specifies four general criteria to determine what is considered legitimate hazardous waste recycling including:

the material to be recycled must be managed as a valuable commodity;
the material must provide a useful contribution to the recycling process or to a product of the recycling process;
the recycling process must yield a valuable product or intermediate that is sold or used under specific conditions; and
the product of the recycling process must not contain significant amounts of hazardous constituents.

The proposed rule does not apply to waste recycled by a commercial or third party that is not within the same industry that generated the waste. The rule also does not apply to certain types of recycled materials considered inherently waste-like such as certain dioxin-containing wastes. Comments on the proposed rule must be received by EPA on or before January 26, 2004. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Program Services.

From Olympia:

ECOLOGY RELEASES DRAFT RULE EXPANDING CERTAIN REQUIREMENTS OF THE DANGEROUS WASTE REGULATION TO HAZARDOUS WASTE RECYCLERS AND USED OIL PROCESSORS/RE-REFINERS

On October 22, 2003, Ecology released a draft rule that expands certain requirements of the Dangerous Waste (DW) regulation to hazardous waste recyclers and used oil processors/re-refiners. Ecology began evaluating the need to expand requirements to these facilities in June 2002 at the request of the legislature. The legislature asked Ecology to make recommendations on improving financial assurance regulatory control so that taxpayers would not get stuck with cleanup costs from facilities that are unable to cleanup their sites. The agency held several meetings with stakeholders and released a discussion document entitled, "Washington's Hazardous Waste Facilities (HWF) Initiative" which was submitted to the legislature. During the 2003 legislative session, Ecology introduced a bill, Substitute House Bill 1743, which would have given Ecology additional authority to implement recommendations of the HWF Initiative report. The Bill passed the House but not the Senate who felt Ecology had sufficient authority to ensure that facilities cleaned up their sites. During the summer 2003, Ecology met individually with stakeholder groups and prepared the draft rule based on those meetings.

The draft rule language is structured around two main options which are:

Option 1 - A traditional approach where existing closure, liability and financial assurance requirements for permitted hazardous waste treatment, storage and disposal (TSD) facilities are extended to recyclers and used oil processors/re-refiners.
Option 2 - Recyclers and used oil processors/re-refiners are subject to closure planning but are exempt from liability coverage, cost estimating by standard checklist or default costs and minimum closure fund requirements.

Comments on the draft rule must be received by Ecology on or before November 30, 2003. Ecology will consider comments received in selecting an option that will be included in the comprehensive DW amendment rulemaking that is scheduled to start in January 2004. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Program Services.

Briefly:

On October 1, 2003, DOE published a notice (68 FR 56625) in the Federal Register announcing that it was holding the Environmental Management Site-Specific Advisory Board for Hanford at the Doubletree Hotel Columbia River in Portland, Oregon, on November 6, 2003 from 9 am to 5 pm and on November 7, 2003 from 8:30 am to 4 pm. The purpose of the Board is to make recommendations to DOE and its regulators in the areas of environmental restoration, waste management and related activities.
On October 6, 2003, EPA published a notice (68 FR 57691) in the Federal Register announcing that the document entitled, "Results-Based Approaches and Tailored Oversight Guidance for Facilities Subject to Corrective Action Under Subtitle C of RCRA" is available. The guidance is designed to provide EPA Regions, States, Tribes, the regulated community, members of the public, and other stakeholders with a better understanding of EPA's results-based strategy for RCRA Corrective Action. The guidance can be found on the Internet at http://www.epa.gov/correctiveaction.
On October 8, 2003, EPA published a notice (68 FR 58057) in the Federal Register announcing that it was extending the comment period on the proposed National Primary Drinking Water (NPDW) Long Term 2 Enhanced Surface Water Treatment Rule which was published in the Federal Register on August 11, 2003. The comment period has been extended to January 9, 2004. Comments on the proposed rule must be received by EPA on or before that date.
On October 8, 2003, EPA published a notice (68 FR 58057) in the Federal Register announcing that it was extending the comment period on the proposed NPDW Stage 2 Disinfectants and Disinfection Byproducts Rule that was published in the Federal Register on August 18, 2003. The comment period has been extended to January 16, 2004. Comments on the proposed rule must be received by EPA on or before that date.
On October 9, 2003, EPA released a memorandum and compliance matrices on revisions to the performance standards for evaluating significant operational compliance by owners and operators of the underground storage tank (UST) regulations. The new standards are intended to be used to assess the UST program's success in promoting environmentally safe operation of USTs by increasing leak detection and spill prevention. The memorandum was sent to state and regional UST directors and regional managers. The memorandum and compliance matrices can be found on the Internet at http://www.epa.gov/swerust1/ under "Current Issues".
On October 10, 2003, EPA published a proposed rule (68 FR 58837) in the Federal Register to amend five instrumental test methods that are used to measure air pollutant emissions from stationary sources. The proposed revisions would remove inconsistencies in equipment and performance specifications. EPA is proposing to add calculation procedures, quality assurance recommendations, and provisions for sampling at low concentrations. Comments on the proposed rule must be received by EPA on or before December 9, 2003.
On October 23, 2003, the Agency for Toxic Substances and Disease Registry (ATSDR) released updated health effects profiles for seven substances and a new profile on tungsten. The draft toxicological profiles contain information and data on the levels of significant human exposure and associated health effects for each substance. The ATSDR is required by the Superfund Amendments and Reauthorization Act to prepare toxicological profiles for substances that are found on the priority list of chemicals found at CERCLA sites. The update includes profiles on: bromoform, carbon tetrachloride, hexachlorocyclohexane, naphthalene, nickel, tin, tungsten, and zinc. The profiles can be found in the Internet at http://www.atsdr.cdc.gov/toxpro2.html.
On October 29, 2003, EPA published a notice (68 FR 61662) in the Federal Register requesting additional comment on ideas for reducing the recordkeeping and reporting burden for states, the public, and the regulated community under Subtitle C of RCRA. EPA is asking for comment on burden reduction ideas that were suggested by commenters on the proposed rulemaking that was published in the Federal Register on January 17, 2002. EPA is only taking comment on the ideas in this notice and are not reopening for comment any of the other ideas discussed in the proposed rule. EPA is requesting ideas on: small quantity generator tanks and tank ancillary equipment inspection frequencies, further reduced inspection frequencies for performance track facilities, RCRA/OSHA overlap in emergency response training, professional certification, general facility standards, groundwater monitoring requirements, military munitions, and permit modifications. Comments on the burden reduction ideas must be received by EPA on or before December 15, 2003.
On October 30, 2003, the Department of Transportation (DOT) published a final rule (68 FR 61905) in the Federal Register that clarifies the applicability of the Hazardous Materials Regulation to specific functions and activities including hazardous materials loading and unloading operations and storage of hazardous materials during transportation. DOT has added new terms and other commonly used terms are specifically defined such as pre-transportation function, transportation, movement, loading inceidental to movement, unloading incidental to movement, storage incidental to movement, and transloading. Terms that have been revised include commerce, consignee, persons, and private track/private siding. DOT has also rewritten 49 CFR 171.1, 171.2 and 174.67. The final rule becomes effective October 1, 2004.

*FEDERAL/STATE*
	*REGISTER REVIEW*

68 FR 56625: On October 1, 2003, the DOE published a notice announcing that the Hanford Environmental Management Site-Specific Advisory Board will be meeting November 6-7, 2003 at the Doubletree Hotel Columbia River, Portland, Oregon. The tentative agenda can be found in the federal register.

68 FR 56809: On October 2, 2003, EPA published a correction to the preamble of the notice of proposed rulemaking that was published in the Federal Register on June 3, 2003 for the Significant New Alternatives Policy program review of n-propyl bromide. EPA has identified, corrected and clarified those portions of the preamble.

68 FR 57518: On October 3, 2003, EPA published a final rule to promulgate a Federal plan to implement emission guidelines for the Commercial and Industrial Solid Waste Incinerator units located in State and Indian country without effective State or Tribal Plans. This Federal plan is an interim action until approved plans for States or Tribes that do not now have them become effective. The final rule becomes effective on November 3, 2003.

68 FR 57446: On October 3, 2003, EPA published a notice announcing that it is having a public meeting to receive comments on the draft instructions for reporting for the 2006 Partial Updating of the Toxic Substances Control Act Chemical Inventory Database. The meeting will held on October 15, 2003 in the Chicago at the Le Meridien, 521 North Rush Street. Information on the workshop can be found on the Internet at http://www.socma.com/Conferences/TSCAWorkshop.htm.

68 FR 57691: On October 6, 2003, EPA published a notice announcing that the document entitled, "Results-Based Approaches and Tailored Oversight Guidance for Facilities Subject to Corrective Action Under Subtitle C of RCRA" is available (see briefly, this edition). The guidance can be found on the Internet at http://www.epa.gov/correctiveaction.

68 FR 57891: On October 7, 2003, EPA published a notice announcing that the EPA Science Advisory Board's Radiation Advisory Committee will hold a public meeting to discuss the Multi Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM) supplement dealing with the Multi Agency Radiation Survey and Assessment of Materials and Equipment (MARSAME). The public meeting will be held on October 21, 2003 from 9am to 5pm and October 22, 2003 from 8:30am to 3:30pm at a location to be announced in the Washington, D.C. area. The location of the meeting will be announced on the SAB website at http://www.epa.gov/sab.

68 FR 58057: On October 8, 2003, EPA published a notice announcing that it was extending the comment period on the proposed Long Term 2 Enhanced Surface Water Treatment Rule under the NPDW regulation (see briefly, this edition). Comments must be received by EPA on or before January 9, 2004.

68 FR 58057: On October 8, 2003, EPA published a notice announcing that it was extending the comment period on the Stage 2 Disinfectants and Disinfection Byproducts rule under the NPDW regulation (see briefly, this edition). Comments must be received by EPA on or before January 16, 2004.

68 FR 58171: On October 8, 2003, EPA published a final rule promulgating National Emission Standards for Hazardous Air Pollutants (NESHAP) for site remediation (see article, this edition). The final rule becomes effective October 8, 2003.

68 FR 58333: On October 9, 2003, EPA published a notice announcing that continuation of the Watershed Initiative (WI) by issuing a call for nominations of watershed proposals. The WI is a competitive grant program designed to support studies on approaches to watershed protection and restoration. The deadline for nominations is January 15, 2004.

68 FR 58837: On October 10, 2003, EPA published a proposed rule to amend five instrumental test methods that are used to measure air pollutant emissions from stationary sources (see briefly, this edition). Comments on the proposed rule must be received by EPA on or before December 9, 2003.

68 FR 59172: On October 14, 2003, EPA published a notice announcing that it will hold a public meeting on October 28, 2003 on five draft scientific white papers on metals risk assessment. EPA intends to gather further feedback on the draft papers and is asking the public to address questions posed in the notice at this meeting. The meeting will be held from 9:30am to 5pm at the Hotel Washington, 515 15th Street at Pennsylvania Ave, NW, Washington, D.C. 20004.

68 FR 59174: On October 14, 2003, EPA published a notice announcing an upcoming change in the location and phone number of its contractor operated Integrated Risk Information System (IRIS) hotline and publicly-accessible records center. The change will take place on October 17, 2003. The phone number, fax number, and reading room address will be shown on the IRIS website at http://www.epa.gov/iris on October 15, 2003.

68 FR 59398: On October 15, 2003, EPA published a notice announcing that the Office of Management and Budget (OMB) has issued responses to several Information Collection Requests (ICR) that were submitted in August 2003.

68 FR 59399: On October 15, 2003, EPA published a notice announcing that an ICR on Land-Disposal Restrictions No-Migration Variances has been forwarded to OMB for review and approval. The ICR expired September 30, 2003.

68 FR 59401: On October 15, 2003, EPA published a notice announcing that it will hold public meetings to solicit feedback on the Draft Report on the Environment issued June 23, 2003. A meeting will be held November 20, 2003 in Seattle, WA from 9am to 4:30 pm at the EPA Region 10 office. The draft report can be found on the Internet at http://www.epa.gov/indicators/roe/.

68 FR 59595: On October 16, 2003, DOE published a notice announcing that a meeting of the Environmental Management Advisory Board will be held on November 21, 2003 from 9 pm to 5 pm at the U.S Department of Energy, Forrestal Building, Washington, D.C. The purpose of the Board is to provide the Assistant Secretary of Environmental Management (EM) with advice and recommendations on corporate issues confronting the EM program.

68 FR 60054: On October 21, 2003, EPA published a notice announcing the reopening of the public comment period on the Proposed Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) that was published in the June 2, 2003 Federal Register (68FR 32702). EPA is soliciting additional comments on alternative approaches for classifying ozone nonattainment areas. Comments on the proposed rule must be received by EPA on or before November 5, 2003.

68 FR 60652: On October 23, 2003, DOE published a notice announcing that a meeting of DOE/NSF Nuclear Science Advisory Committee will be held on November 7, and 8, 2003 from 8:30am to 5 pm at the Doubletree Hotel in Rockville, Maryland. The purpose of the meeting is to provide advice and guidance on a continuing basis to DOE and the National Science Foundation on scientific priorities within the field of basic nuclear science research.

68 FR 60653: On October 23, 2003, EPA published a notice announcing that it has developed guidelines for States' implementation of the nonpoint source management programs under Section 319 of the Clean Water Act and for the award of Section 319 grants to States to implement these programs. The guidelines became effective October 23, 2003.

68 FR 60856: On October 23, 2003, EPA published a correction to 40 CFR Part 257 regarding the criteria for Classification of Solid Waste Disposal Facilities and Practices. EPA is correcting Section 257.5 by reinstating the definition of uppermost aquifer. The correction became effective October 23, 2003.

68 FR 61247: On October 27, 2003, EPA published a final rule revising the regulations on new source review programs mandated by parts C and D of Title I of the Clean Air Act (see article, this edition). The final rule becomes effective December 26, 2003.

68 FR 61410: On October 28, 2003, EPA published a notice announcing that an ICR on the NESHAP for Halogenated Solvent Cleaning has been forwarded to the OMB for review and approval. The ICR expires on October 31, 2003.

68 FR 61557: On October 28, 2003, EPA published a proposed rule to revise the definition of solid waste to exclude hazardous waste from regulation under Subtitle C of RCRA when it is generated and reclaimed in a continuous process within the same industry (see article, this edition). Comments on the proposed rule must be received by EPA on or before January 26, 2004.

68 FR 61662: On October 29, 2003, EPA published a notice requesting additional comment on ideas for reducing the recordkeeping and reporting burden imposed on state, the public, and the regulated community under Subtitle C of RCRA (see briefly, this edition). Comments on the burden reduction ideas must be received by EPA on or before December 15, 2003.

68 FR 61905: On October 30, 2003, the DOT published a final rule clarifying the applicability of the Hazardous Materials Regulation to specific functions and activities including hazardous materials loading and unloading operations and storage of hazardous materials during transportation (see briefly, this edition). The final rule becomes effective October 1, 2004.

68 FR 62068: On October 31, 2003, EPA published OMB responses to 13 ICRs that were recently submitted to the agency.

68 FR 62069: On October 31, 2003, EPA published a notice announcing that an ICR on Toxic Chemical Release Reporting, Supplier Notification and Petitions under Section 313 of the Emergency Planning and Community Right-To-Know (EPCRA) has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 1, 2003.

68 FR 62070: On October 31, 2003, EPA published a notice announcing that an ICR on Toxic Chemical Release Reporting, Alternate Threshold for Low Annual Reportable Amounts, Recordkeeping, Supplier Notification and Petitions under Section 313 of the EPCRA has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before December 1, 2003.

[Hanford Home Page] [Index List]

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