Hanford Environmental Report
Dedicated to the Goal of 100% Environmental Compliance

Volume 21, Number 10 - October 8, 1999

From Washington, D.C.:

APPEALS COURT REJECTS EPA'S AUTHORITY TO OVERFILE IN RCRA ENFORCEMENT CASES

On September 16, the U.S. Court of Appeals for the Eighth Circuit ruled that RCRA does not give EPA the authority to bring an enforcement action against a company that has already resolved an action over the same violations brought by an authorized state agency (Harmon Industries Inc. v Browner, 8th Cir., No. 98-3775, 9/16/99). This decision affirmed a previous ruling made by a Missouri district court last year that found EPA could not enforce RCRA against Harmon Industries, Inc., a Missouri-based company, after the Missouri Department of Natural Resources had already resolved its enforcement action in a settlement (see related article in April 16, 1999 edition of the HER).

In this case, EPA had taken enforcement action against Harmon Industries seeking a civil penalty of $2,343,706 after the Missouri State Department of Natural Resources (MSDNR) had already developed a cleanup and voluntary compliance plan with the company but had decided not to impose any fines. While the EPA action was pending, Harmon Industries and the MSDNR entered into a consent decree. Harmon Industries then appealed EPA's enforcement action to an administrative law judge who reduced the penalty to $587,000. Harmon Industries, however, decided to challenge the decision in a Missouri District Court which found EPA violated RCRA by imposing civil penalties.

Currently, EPA is working with the Justice Department to determining whether or not to seek further review of the decision with the Appeals Court or the U.S. Supreme Court. For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Olympia Office at (360) 709-0664.

From Ecology:

ECOLOGY BEGINS RULEMAKING ON THE NEW SOURCE REVIEW PROVISIONS OF THE TOXIC AIR POLLUTION RULE

On September 1, Ecology published a preproposal statement of inquiry to announce that it has begun rulemaking to amend the new source review provisions of Chapter 173-460 WAC, Controls for New Sources of Toxic Air Pollutants. Ecology will also be consolidating Chapter 173-400 WAC and 173-460 WAC into a new chapter 173-465 WAC as well as making other rule clarifications. With this rulemaking, Ecology intends to:

• Establish de minimis exemption levels for toxic air pollutants which will compliment the previous new source review deminimis levels established for the criteria pollutants;
• Amend the control technology requirements;
• Modify small quantity emission rates; and
• Update the Acceptable Source Impact Levels.

Ecology will also be making incidental changes to Chapters 173-401 WAC, the Operating Permit Regulation, 173-405 WAC, Kraft Pulping Mills, 173-410 WAC, Sulfite Pulping Mills, 173-415 WAC, Primary Aluminum Plants, 173-434 WAC, Solid Waste Incinerator Facilities, 173-490 WAC, Emission Standards and Controls for Sources Emitting Volatile Organic Compounds, and 173-491 WAC, Emission Standards and Controls for Sources Emitting Gasoline Vapors. For more information, email or call Kirk_A_Peterson@rl.gov of Fluor Daniel Hanford, Inc. at (509) 372-2364 or Rodger Woodruff, (509) 373-6396 with Pacific Northwest National Laboratory.

Briefly:

EPA recently announced that information on microbial contaminants and disinfection byproducts in drinking water was available on the Internet at http://www.epa.gov/OGWDW. This information was collected as a result of EPA's information collection rule, which was published in the Federal Register in May 1996. The information will be used as a basis for future rules to control microbials, disinfection byproducts and public health decisions.

A recently released report by the Government Accounting Office entitled, "Environmental Protection: Assessing the Impacts of EPA's Regulations Through Retrospective Studies," stated that EPA rarely assesses the costs and benefits of existing regulations, as was recommended by a Presidential Order No. 12866, because of resource constraints and lack of data from industry. The Presidential Order recommended that federal agencies prepare detailed cost/benefit analyses for all economically significant regulations as a tool for improvement. The report recommends that EPA's Administrator establish a plan to study the actual costs and benefits of regulations that may need to be retained or improved.

EPA's Office of Air Quality Planning and Standards recently released guidance entitled, "Draft Economic Incentive Program (EIP) Guidance." The EIP is discretionary for any government agency that wants to adopt market-based strategies for attaining or maintaining the national ambient air quality standards for criteria pollutants. States, tribes or any government agency with the authority to administer implementation plans can elect to adopt the program. The draft guidance is available on the Internet at http://www.epa.gov/ttn/oarpg/ramain.html.

On September 10, DOE signed a "statement of principles" with four states including Washington State. The agreement with Washington provides for sustaining commitment and funding at Hanford to meet milestones in current agreements between DOE and the state. It also provides for taking advantage of land use, economic development, and environmental protection opportunities that would benefit surrounding communities, Indian Tribes, the state, and DOE.

Ecology recently released volumes I-III of the Draft Stormwater Manual (Manual) for public review and comment. The Volumes I-III contain information as follows: Volume I - Minimum Technical Requirements and Overall Policy Issues; Volume II - Construction Stormwater Pollution Prevention; and Volume III -Hydrologic Analysis, Source Control Best Management Practices (BMPs) and Runoff Treatment BMPs. Draft Stormwater Manuals IV and V will be available after October 8. The 700 page Manual is intended to provide guidance to local governments and businesses on designing stormwater programs that keep runoff from polluting streams and lakes. Ecology will be holding public hearings on the manual in October and November. Comments on the manual must be received in Ecology by December 15, 1999. Volumes I-III can be ordered from the Department of Printing, P.O. Box 798, Olympia, WA 98507-0798 for a charge of $25.50 or downloaded from the Internet at http://www.wa.gov/ecology/biblio/wq.html.

Notice:

EPA recently released an updated headquarters telephone directory which contains listings of headquarters and regional office personnel, laboratory offices, key agency contacts, hotline numbers, EPA experts and World Wide Web site addresses for programs and offices. The directory can be ordered via the Internet at http://www.epa.gov/customerservice/phonebook/ or by calling 202/512-1800.

Forms for reporting hazardous waste handled by facilities in 1999 are currently available on the Internet at http://www.epa.gov/epaoswer/hazwaste/data/brs99/forms.htm. These forms must be filled out and returned to state or EPA regional contacts by March 1, 2000. Facilities that treat, store or dispose of hazardous waste under RCRA must fill out and submit a report.

Ecology will be holding two workshops followed by public hearings in October on the Wastewater/Stormwater Discharge Permit Fee regulation amendments. The workshops and public hearings will be held on October 28, in Lacey at the Ecology's Headquarters Office, Auditorium, ROA/36, 300 Desmond Drive at 1:30 pm. and October 29 in Moses Lake at the Big Bend Community College, Room 1609, 7662 Chanute, Building 1600 at 1:30 p.m. Comments on the regulation amendments must be received in Ecology by November 9, 1999. For more information, email or call Marsha A_Beery@rl.gov of Fluor Daniel Hanford, Inc.'s Olympia Office at (360) 709-0664.