Hanford
Environmental
Report

Dedicated to the Goal of 100% Environmental Compliance

Volume 19, Number 3 - October 10, 1997

From Washington D.C.:

EPA ABANDONS COMPREHENSIVE APPROACH TO THE HAZARDOUS WASTE IDENTIFICATION RULE FOR CONTAMINATED MEDIA

EPA recently announced that it was abandoning its comprehensive approach for reforming the RCRA hazardous waste requirements for contaminated media and other remediation wastes contained in the Hazardous Waste Identification Rule for Contaminated Media (HWIR-Media) (April 1996, 61 FR 18780). EPA's comprehensive approach would have established requirements to: (1) allow for site-specific standards for lower risk contaminated media; (2) modify Land Disposal Restriction treatment standards and permitting procedures for contaminated media; (3) withdraw current regulations for corrective action management units; and (4) streamline and expedite the state authorization of all RCRA revisions.

Instead, EPA will now focus on establishing requirements for targeted elements of the proposed rule. These elements include: (1) streamlined permitting at cleanup sites to eliminate requirements for facility-wide corrective action; (2) options for remediation piles; and (3) a RCRA exclusion for dredged materials under the Clean Water Act or Marine Protection Research and Sanctuaries Act permits. EPA has decided not to continue with its proposed bright line option which would have set standards for distinguishing lower-risk contaminated media from higher-risk contaminated media and given regulatory agencies the flexibility to exempt the lower-risk contaminated waste from RCRA requirements. Also, EPA will leave the corrective action management units rule in place. EPA intends to finalize the rule in June 1998. For more information, email or call Marsha_A_Beery@rl.gov of Fluor Daniel Hanford, Inc. Lacey Office at (360) 709-0664.

EPA DELAYS FINALIZING THE POLYCHLORINATED BIPHENYL MEG-RULE

EPA recently announced that it will delay rulemaking on the Polychlorinated Biphenyl (PCB) Mega-Rule pending review of the rule by the Justice Department. This rule addresses manufacture, processing, distribution, use, remediation, storage and disposal of PCBs. It is being reviewed as a result of a decision by the U.S. Court of Appeals for the Ninth Circuit (Sierra Club v. EPA, CA 9, No. 96-70223, 7/7/97) which overturned EPA's PCB Import Rule because the Court found it to be in conflict with the Toxic Substances Control Act. Although the Court's decision does not directly involve the PCB Mega Rule, because the rules are related, EPA must review it to ensure that it doesn't conflict with the Court's determination.

The proposed PCB Meg-Rule was published in the Federal Register in December 1994. In June 1997, EPA released a draft final rule specifically for DOE's review and comment. Tom Quayle, FDH Environmental Protection coordinated preparation and submittal of Hanford's comments to EPA. Because of this delay, EPA will not be issuing the final rule until the end of this year. For more information, email or call Thomas_A_Tom_Quayle@rl.gov at (509) 376-5223.

EPA EXTENDS INTERIM APPROVAL FOR WASHINGTON'S AIR OPERATING PERMIT PROGRAM

On August 29, EPA published its final rule amending Appendix A of 40 CFR Part 70, the Air Operating Permit (AOP) rule, of the Clean Air Act (CAA). This amendment extends EPA's interim status approval of air operating permit programs in states such as Washington whose programs will expire prior to that date. The deadline will now be October 1, 1998. EPA's intent in extending this deadline is to allow states additional time to correct deficiencies in their interim programs as well as incorporate changes to the federal Part 70 rule that EPA plans to complete by mid-1998.

Currently, Ecology has completed rulemaking to correct deficiencies in Washington's AOP program. These were listed in a November 1994 Federal Register granting the agency interim, rather than final, approval. At that time, Ecology was given until December 6, 1996 to make corrections. EPA gave Ecology a second extension, until October 1, 1997, after several businesses and trade associations in Washington took exception to EPA's treatment of insignificant emissions units in the interim approval and filed a petition with the Ninth Circuit Court of Appeals. The Court ruled in favor of the businesses and remanded EPA to grant full approval of Washington's AOP program. With this latest extension of the deadline, Ecology will now have until October 1, 1998 to amend its AOP rule to incorporate federal changes. For more information, email or call Kirk_A_Peterson@rl.gov of Fluor Daniel Hanford, Inc. at (509) 372-2364.


FEDERAL/STATE
REGISTER REVIEW
Note: For electronic copies of Federal Register (FR) items or hard copies of Washington State Register (WSR) items listed here, email or call JoAnn_A_ McCoy@rl.gov of Waste Management Federal Services of Hanford, Inc. at (509) 372-3596.
62 FR 45732
On August 29, EPA published its final rule revising Appendix A of the Air Operating Permit rule under Chapter I, 40 CFR Part 70 of the CAA (see article, this page). The amendment to Appendix A extends all operating permit program interim approvals until October 1, 1998. This extension is being granted to give states time to incorporate federal changes to Part 70 which EPA anticipates will be promulgated by mid-1998 to correct interim approval deficiencies. The final rule becomes effective September 29, 1997.
 
62 FR 48394
On September 15, EPA published a final rule amending the "Guidelines Establishing Test Procedures for the Analysis of Pollutants," under Section 304(h) of the Clean Water Act. EPA is approving Method 1613 for determining tetra - through octachlorinated 2,3,7,8-substituted dibenzo-p-dioxins and dibenzofurans by high resolution gas chromatography coupled with high resolution mass spectrometry. The final rule becomes effective October 15, 1997.
 
WSR 97-18-006
On September 17, DOH published a preproposal statement of inquiry announcing that it is considering amending several public water supply provisions of Chapter 246-290 WAC. DOH is considering changes including: modifying and streamlining the process for water system project approval, amending water system design standards, incorporating recent federal Safe Drinking Water Act requirements, and other changes. Comments on the preproposal statement may be sent of DOH at P.O. Box 47822, Olympia, WA 98504.
 
WSR 97-18-043
On September 17, Ecology published a final rule repealing Chapter 173-315 WAC, Model Toxics Account Tax, Local Toxics Control Account, and Interim Financial Assistance Program. This rule is being repealed since Ecology has other rules in effect which govern these activities. The repeal becomes effective September 29, 1997.
 
WSR 97-18-044
On September 17, Ecology published a final rule repealing Chapter 173-318 WAC, Phase One-Waste Reduction and Recycling Grants. This rule is being repealed since Ecology has other rules in effect which govern this activity. The repeal becomes effective September 29, 1997.
 
WSR 97-18-045
On September 17, Ecology published a final rule repealing Chapter 173-319 WAC, Comprehensive Waste Reduction/Recycling Grants Program. This rule is being repealed since Ecology has other rules in effect which govern this activity. The repeal becomes effective September 29 1997.
 
WSR 97-18-046
On September 17, Ecology published a final rule repealing Chapter 173-309 WAC, Hazardous Waste Cleanup Act, Local Toxics Control Account, and Interim Financial Assistance Program. The rule is being repealed since Ecology has other rules in effect which govern this activity. The repeal becomes effective September 29, 1997.
 
WSR 97-18-047
On September 17, Ecology published a final rule repealing Chapter 173-32, Allocation of Financial Aid to Counties and Cities to Assist in Comprehensive Planning for Solid Waste Management. This rule is being repealed since Ecology has other rules in effect for this activity. The repeal becomes effective September 29, 1997.
 
WSR 97-18-048
On September 17, Ecology published a final rule repealing Chapter 173-311, Moderate Risk Waste Grants. The rule is being repealed since Ecology has other rules in effect which govern this activity. The repeal becomes effective September 29, 1997.
 
WSR 97-18-049
On September 17, Ecology published a preproposal statement of inquiry to announce that rulemaking is continuing on provisions to implement a biosolids management program. Ecology was authorized to establish this program by RCW 70.95J.020. In the latest legislative session, Ecology was authorized to implement a biosolids permit fee rule through ESB 5590. The rule is intended to encourage beneficial use of biosolids while providing standards to protect human health and environment. Comments on the preproposal statement of inquiry can be sent to Ecology at P.O. Box 47600, Olympia, WA 98504.

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Last Updated: October 12, 1997
URL: http://www.hanford.gov/pubs/envnews/oct1997.html