Hanford Environmental Report - October 11, 2002

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 24, Number 10 - October 11, 2002

From Washington, D.C.:

EPA PUBLISHES FINAL RULE ON NATIONAL EMISSION STANDARDS FOR RADIONUCLIDE EMISSIONS OTHER THAN RADON FROM DOE FACILITIES

On September 9, 2002, EPA published a final rule (67 FR 57159) amending the National Emission Standards for Hazardous Air Pollutants (NESHAPs) that regulate radionuclide emissions other than radon-222 and radon-220 from DOE facilities and from Federal Facilities other than Nuclear Regulatory Commission licensees and those facilities not covered by Subpart H and Subpart I. The regulation requires that:

Emissions of radionuclides to the ambient air shall not exceed those amounts that would cause any member of the public to receive in any year an effective dose equivalent to 10 millirem per year;
For non-DOE Federal Facilities, emissions of iodine shall not exceed those amounts that would cause any member of the public to receive in any year an effective dose equivalent of 3 millirem per year; and
All applicable newly constructed or modified facilities must demonstrate compliance with the standard by sampling and monitoring radionuclide emissions from all applicable point sources in accordance with the American National Standards Institute's (ANSI) "Sampling and Monitoring Releases of Airborne Radioactive Substances from Stacks and Ducts of Nuclear Facilities," ANSI N13.1-1999.

The ANSI N13.1-1999 will also apply to some existing sources where it can be cost-effectively applied; however, for sources that continue to use emissions sampling equipment meeting the ANSI 1969 standards, they will be subjected to more stringent annual inspection and cleaning requirements. The requirements of the final rule will become effective January 1, 2003. For more information, email or call John_A_Bates@rl.gov of Fluor Hanford's Compliance Services at (509) 376-2088.

EPA PUBLISHES INTERIM FINAL RULE TO CLARIFY THE SCOPE OF SUFFICIENCY MONITORING FOR FEDERAL/STATE AIR OPERATING PERMIT PROGRAMS

On September 17, 2002, EPA published an interim final rule (67 FR 58529) to clarify the scope of the monitoring required in air operating permits (AOPs) under Title V of the Clean Air Act (CAA). The interim final rule clarifies that all AOPs must contain monitoring that is sufficient to assure compliance with the terms of the permit. EPA issued the interim final rule in response to claims of confusion by stakeholders over the scope of the Title V monitoring regulations. This confusion came about as a result of two court decisions. In a 1999 federal court decision [Appalachian Power Co. v. EPA, D.C. Cir., 208 F. 3rd 130 (1999)], the court upheld the EPA Title V monitoring requirements but dismissed agency guidance on periodic monitoring. In another decision [Natural Resources Defense Council v. EPA, 94F. 3d 130 (D.C. Cir., 1999)], the court ruled that EPA was correct in excluding some sources from Title V regulations on enhanced monitoring because these sources were covered under two other rules requiring periodic monitoring or monitoring sufficient to comply with the sources permit. The stakeholders assert that EPA cannot use the sufficiency language to require monitoring beyond what is required in the periodic monitoring regulations, even where periodic monitoring is not sufficient to ensure compliance.

The interim final rule codifies EPA's understanding that periodic monitoring [70.6(a)(3)(i)(B)] and sufficiency provisions [70.6(c)(1)] are separate regulatory standards. Section 70.6(a)(3)(i)(B) requires that "…periodic monitoring be sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit." Section 70.6(c)(1) requires monitoring that is "…sufficient to assure compliance with terms and conditions of the permit." Where there is no underlying monitoring of a "periodic" nature, 70.6(a)(3)(i)(B) applies. Where there is some underlying monitoring that could be considered periodic, 70.6(c)(1) applies.

The interim final rule became effective September 17, 2002, and will continue to be effective until November 18, 2002. In the same Federal Register, EPA has published a proposed rule (67 FR 58529) to make the interim final rule permanent. Comments on the proposed rule must be received by EPA on or before October 17, 2002. For more information, email or call William_E_Jr_Green@rl.gov at (509) 376-0583.

From Olympia:

ECOLOGY RELEASES FINAL HAZARDOUS WASTE MANAGEMENT FACILITIES REPORT

On September 25, 2002, Ecology released the final Hazardous Waste Management Facilities (HWMFs) Report, which identifies options and makes recommendations on how to resolve problems and reduce long-term liability at HWMFs plus move toward a more stable and healthy hazardous waste management system in Washington. This effort came about when the 2001 Legislature allocated funds to Ecology to do a study of hazardous waste management facilities in Washington and submit a report of their findings to them by September 30, 2002. In the report, Ecology identifies three options for the Legislature to consider including:

Option A. Authorize Ecology to expeditiously move ahead with a rule development process, in consultation with stakeholders, to define the scope of services needed to address the problems identified in the report. This process would result in defining what would be considered an adequate program (i.e., what specific priorities or services Ecology should provide to address the problems identified) and the resources needed to implement it. Under this option, Ecology would be authorized to adopt fees to pay for the package of services.
Option B. Direct Ecology to continue working with stakeholders to develop consensus on the scope of services and funding approach prior to authorizing rule development.
Option C. Ecology already has existing authority under the Hazardous Waste Management Act to address many of the problems identified in the report. Under this option, the Legislature would direct Ecology to undertake rule development to resolve immediate problems with financial assurance and address environmental threats at recyclers and used oil processors with no clear funding sources identified.

In the report, Ecology has recommended Option A as the preferred option to the Legislature. They feel that this option addresses the problems they've identified in the report in the quickest way and expect that implementation would occur by 2005. Ecology is now awaiting direction from the Legislature to determine its next steps. For a copy of the report or for more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

Briefly:

On September 13, 2002, EPA published a notice (67 FR 58028) in the Federal Register announcing that applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made on the New Source Performance Standards (NSPS), the NESHAPs and the Stratospheric Ozone Protection Program (SOPP) were available on the Applicability Determination Index (ADI) Database. The ADI is an electronic index on the Internet that contains EPA letters and memoranda regarding the applicability, monitoring, recordkeeping, and reporting requirements of the NSPS, NESHAP and SOPP, which are posted quarterly on the ADI. In this action, EPA is adding 55 documents to the ADI, which were issued between May 2002 and July 2002. The ADI can be found on the Internet at http://www.epa.gov/compliance/assistance/applicability.
On September 25, 2002, EPA published a notice (67 FR 60236) in the Federal Register announcing that it was soliciting public input on the Contact Information Data Standard (CIDS). This standard consists of a list of data elements to facilitate the sharing of information regarding contact name, address, and communication information. The draft standard was developed by Environmental Data Standards Council, which consisted of representatives from States, Tribes, and EPA. The draft CIDS consists of a list of data elements, definitions for these elements, notes, explanatory preamble language, and a set of frequently asked questions. Comments on the draft CIDS must be received by EPA on or before November 12, 2002.
On September 30, 2002, EPA published a notice (67 FR 61337) in the Federal Register announcing that an Information Collection Request (ICR) on the RCRA Hazardous Waste Permit Application and Modification, Part A, has been forwarded to the Office of Management and Budget (OMB) for review and approval. Section 3005 of Subtitle C of RCRA requires that any person who generates or transports regulated waste or who owns or operates a treatment, storage, or disposal facility (TSDF) of regulated waste must obtain a permit. To obtain the permit, the TSDF must submit an application, which has two parts, Part A and Part B. The ICR is due to expire on October 31, 2002. EPA is therefore seeking OMB's review and approval to continue collection of this information. Comments on the ICR must be received by EPA on or before October 30, 2002.
Ecology recently issued the Eastern Washington Stormwater Management (EWSM) newsletter, which can be found on the Internet at http://www.ecy.wa.gov/programs/wq/stormwater, click on EWSM News. Ecology is currently developing an EWS manual that will be used by stakeholders for constructing and operating their stormwater systems. The newsletter includes information on: (1) the EWSM manual public workshops scheduled for October 2002; (2) draft model municipal stormwater program recommendations; (3) a draft EWS manual; (4) how to obtain the draft documents which are also provided at the link above; (5) the public comment period and how to provide comments on the draft documents and recommendations; and (6) how the 2000 Census date will be used to identify the National Pollution Discharge Elimination System Phase II regulated communities.

*FEDERAL/STATE*
	*REGISTER REVIEW*

67 FR 56249: On September 3, 2002, EPA published a proposed rule to find that the Wallula non-attainment has attained the National Ambient Air Quality Standards for particulate matter with an aerodynamic diameter of less than or equal to a nominal ten micrometers as of December 31, 2001. Comments on the proposed rule must be received by EPA on or before October 3, 2002.

67 FR 56828: On September 5, 2002, EPA published a notice announcing that the agency was establishing the National Pollution Prevention and Toxics Advisory Committee, which will provide a forum to advise, inform and make recommendations to EPA's Office of Pollution Prevention and Toxics on overall policy and operations of the office.

67 FR 57159: On September 9, 2002, EPA published a final rule amending the NESHAPs that regulates the air emissions of radionuclides other than radon-222 and radon-220 from facilities owned and operated by DOE (subpart H) and from Federal Facilities other than Nuclear Regulatory Commission licensees and not covered by Subpart H and Subpart I (see article, this edition). The final rule becomes effective October 9, 2002.

67 FR 57189: On September 9, 2002, EPA published a notice announcing that the agency would be holding public hearings on the proposal to revise the Criteria for the Certification and Desertification of the Waste Isolation Pilot Plant's Compliance with the Disposal Regulations. The public hearings will be held in Albuquerque and Santa Fe, N.M. on September 24, 2002.

67 FR 57225: On September 9, 2002, EPA published a notice announcing that the agency will be holding a public meeting on September 20, 2002, from 9 a.m. to 1 p.m. at the EPA office in Washington D.C. to obtain public input on the quality of information voluntarily provided by external sources to EPA or obtained by EPA from external sources for specific purposes.

67 FR 57274: On September 9, 2002, EPA published corrections to the definitions and the continuous emission monitoring provisions of the acid rain program and the budget trading program rules published in the Federal Register on June 12, 2002. The corrections are effective immediately.

67 FR 57811: On September 12, 2002, EPA published a notice announcing that it was designating two new equivalent methods -(for measuring concentrations of sulfur dioxide and ozone) for monitoring ambient air quality.

67 FR 58028: On September 13, 2002, EPA published a notice announcing that applicability determinations, alternative monitoring decisions, and regulatory interpretations EPA has made under the NSPS, the NESHAP and the SOPP are available (see briefly, this edition).

67 FR 58343: On September 16, 2002, the Department of Transportation published a final rule amending the regulations on registration of persons who transport or offer for transport in commerce certain categories and quantities of hazardous materials. The final rule amendments become effective January 6, 2003.

67 FR 58529: On September 17, 2002, EPA published an interim final rule clarifying the scope of the monitoring required in AOPs under Title V of the CAA (see article, this edition). The interim final rule is effective on September 17, 2002, until November 18, 2002.

67 FR 59287: On September 20, 2002, EPA published a notice announcing that the comment period on the draft document entitled, "Assessment Factors for Evaluating the Quality of Information from External Sources," has been extended to September 30, 2002. Comments must now be received by EPA on or before that date.

67 FR 60236: On September 25, 2002, EPA published a notice announcing that it was soliciting public input on the Contact Information Data Standard (CIDS). (see briefly, this edition). Comments on the draft CIDS must be received by EPA on or before November 12, 2002.

67 FR 60672: On September 26, 2002, EPA published a notice announcing that it has 14 ICRs that it is planning to submit to the OMB for review and approval. The ICRs are primarily on CAA regulations requirements. Comments on the ICRs must be received by EPA on or before November 26, 2002.

67 FR 61337: On September 30, 2002, EPA published a notice announcing that it has forwarded an ICR on RCRA Hazardous Waste Permit Application and Modification, Part A to OMB for review and approval (see briefly, this edition). Comments on the ICR must be received by EPA on or before October 30, 2002.

WSR 02-17-062: On September 4, 2002, Ecology published a proposed rule to amend Chapter 173-153 WAC on Water Conservancy Boards (WCBs). The rule is being amended in response to legislation that passed in 2001 (ESHB 1832) on WCBs. It establishes procedures that Ecology, WCBs, applicants for water right transfers and counties will follow to implement the WAC. Comments on the proposed rule must be received by Ecology on or before October 4, 2002.

[Hanford Home Page] [Index List]

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