Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 23, Number 10 - October 12, 2001

From Washington D.C.:

EPA GIVES FINAL APPROVAL TO ECOLOGY TO IMPLEMENT SPECIFIC FEDERAL NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS RULES

On September 19, 2001, EPA published a final rule (66 FR 48211) in the Federal Register giving final approval and delegation of authority to Ecology and four local air agencies to implement and enforce several federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations that were adopted into state law. In this action:

• EPA waives notification requirements such that sources within Ecology and local agencies would only need to send notifications and reports to Ecology and the local agencies and would not need to send a copy to EPA;
• EPA is approving Ecology and the local agencies mechanisms for streamlining future delegation of those federal NESHAP regulations that are adopted unchanged into state and local laws; and
• EPA is approving and delegating authority for Ecology and local agencies to implement and enforce specific 40 CFR parts 61 and 63 subparts which are adopted by reference into Chapter 173-400-075 WAC and General Provisions authorities.

Ecology will continue to work with the Benton Clean Air Authority (BCAA) to manage and enforce the Asbestos NESHAP for sources at Hanford. In this action, EPA is not delegating to Ecology and the local agencies any 40 CFR 61 subparts pertaining to radon and radio nuclide air emissions since EPA has determined that the agencies do not have sufficient expertise to implement these NESHAPS. EPA has also determined that since the Department of Health's interim delegation of authority for implementing 40 CFR part 61, subparts H and I as the state radionuclide standards for Washington had lapsed, EPA would be currently responsible for federal implementation of these regulations. The final rule becomes effective October 19, 2001. For more information, email or call John_A_Bates@rl.gov with Fluor Hanford's Environment & Regulation at (509) 376-2088.

EPA PROPOSES RULE AMENDING THE WHOLE EFFLUENT TOXICITY TEST METHODS PROCEDURES

On September 28, 2001, EPA published a proposed rule (66 FR 49794) to revise several whole effluent toxicity (WET) analytical test procedures under the National Pollution Discharge Elimination System (NPDES) program that were promulgated in earlier rulemakings (60 FR 53529 and 64 FR 4975). EPA is also presenting final results of an inter-laboratory variability study of WET test methods and proposes to ratify 11 of the 12 methods evaluated in that study. Additionally, EPA is proposing to revise each of the WET method manuals (USEPA, 1993b; USEPA, 1994a; USEPA, 1994b), amend the documents entitled, "Guidelines Establishing Test Procedures for the Analysis of Pollutants," to reference the updated editions of the method manuals, make minor changes and corrections to the methods and address certain stakeholder concerns. These proposed rule changes partially fulfill the requirements of two settlement agreements between stakeholders and EPA [Edison Electric Institute, et al. v. EPA, No. 96-1062 and consolidated case (D.C. Cir.), settlement agreement, July 24, 1998, Lone Star Steel v. EPA, No. 96-1157 (D.C. Cir.), settlement agreement, March 4, 1998]. The proposed rule applies to States, Territorial, and Indian Tribal governments authorized to administer the NPDES permitting program or that certify federal licenses.

EPA has detailed these changes in a document titled, "Proposed Changes to Whole Effluent Toxicity Method Manuals," which can be viewed on the Internet at http://www.epa.gov/waterscience/WET. Comments on the proposed rule amendments must be received by EPA on or before November 27, 2001. For more information, email or call John_A_Winterhalder@rl.gov with Fluor Hanford's Environment & Regulation organization at (509) 372-8144.

From Olympia:

ECOLOGY PUBLISHES THE FINAL RULE AMENDING THE GENERAL REGULATIONS FOR AIR POLLUTION SOURCES AND THE AIR OPERATING PERMIT RULE

On September 5, 2001, Ecology published the final rule (WSR 01-17-062) in the Washington State Register amending Chapter 173-400 WAC, the General Regulations for Air Pollution Sources and Chapter 173-401, the Air Operating Permit rule. The main purpose of the rule amendment is to update the rules, particularly the pre-construction permitting programs provisions, to make them consistent with new federal requirements. The final rule amendments include changes to the provisions on:

• Potential for significant deterioration;
• Visibility protection;
• The best available retrofit technology; and
• Non-attainment new source review.

The amendments also update sections that reference or include federal requirements, as well as the air operating permit applicability criteria, and clarify and streamline agency procedures. The final rule became effective September 15, 2001. For more information, email or call Kirk_A_FDH_Peterson@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2364.

ECOLOGY PUBLISHES PROPOSED NOTICE OF RULEMAKING AMENDING THE WASTEWATER DISCHARGE PERMIT FEES

On September 19, 2001, Ecology published a pre-proposal statement of inquiry in the Washington State Register on a proposed rulemaking to amend Chapter 173-224 WAC, the Wastewater Discharge Permit Fees rule. RCW 90.48.465, the Water Pollution Control law, requires that annual fees be paid by all permit holders who have wastewater permit coverage. Ecology is, therefore, proposing to amend Chapter 173-244 WAC, the Wastewater Discharge Permit Fees rule for fiscal years 2003 and 2004 to increase fees as well as create a new permit fee category for aquatic pesticide control.

The fee increase will allow Ecology to continue to operate the wastewater discharge permit program. The new fee category has been added as a result of a federal court ruling, which determined that applicants for aquatic pesticide use must have a wastewater permit. This new fee category will cover the cost of permit coverage. Ecology will be holding workshops throughout the state on the proposed rulemaking including in Yakima on October 8, 2001; the Ecology Kennewick Office on October 9, 2001; Spokane on October 10, 2001; Longview on October 15, 2001; Lynnwood on October 16, 2001; Bellingham on October 17, 2001; and Lacey on October 18, 2001. For more information, email or call Marsha_A_Beery@rl.gov of Fluor Hanford's Olympia Office at (509) 709-0664.

Briefly:

• Ecology recently issued the revised, "Stormwater Management Manual for Western Washington." The purpose of the revision was to include new information and standards that are more protective and to provide technically sound and appropriate stormwater management practices. A printed copy of the manual can be purchased via credit card from the Internet at https://wws2.wa.gov/prt/printwa/wsprt/default.asp or via check/money order and ordered from the Department of Printing, P.O. Box 798, Olympia, WA 98507-0798 or obtained from the Internet at http://www.ecy.wa.gov/programs/wq/stormwater/index.html.

• Ecology recently released the 2001 Legislative Implementation Plan (Plan) document. This Plan includes a list of Bills Ecology worked on during the 2001 legislative session. Each of the Bills listed in the Plan contain Ecology's Implementation Plan for that Bill (program impacts, resource impacts, work plan, and contact person) the final Bill report on that Bill (sponsors, background, summary, and effective date); and the Washington State Legislative Roll Calls (vote count). For a copy of the Plan, email or call Marsha_A_Beery@rl.gov of Fluor Hanford's Olympia Office at (509) 709-0664.

• The White House Office of Management and Budget (OMB) recently released a memorandum that outlines a new system for reviewing regulations developed by federal agencies. OMB indicated in the memo that it has developed science-based principles and procedures that it will use in reviewing federal agencies regulatory proposals. Specifically, OMB calls for an OIRA, a group that reviews rules on behalf of the President, review of significant regulations, risk assessments, peer reviews, and impact statements. The memo can be viewed on the Internet at http://www.whitehouse.gov/omb.