Hanford Environmental Report

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 26, Number 10 - October 8, 2004

From Washington, D.C.:

EPA PROMULGATES NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL BOILERS AND PROCESS HEATERS

On September 13, 2004, EPA published a final rule (69 FR 55218) in the Federal Register (FR) promulgating national emission standards for hazardous air pollutants (NESHAPs) for industrial, commercial and institutional boilers and process heaters. The final rule implements section 112(d) of the Clean Air Act (CAA) by requiring all major sources to meet hazardous air pollutant (HAP) emissions standards reflecting the application of the maximum achievable control technology (MACT). EPA had previously published a proposed rule in the FR on January 13, 2003 (68 FR 1660) and received 218 comments during the public comment period. The final rule reflects EPA's consideration of these comments and additional information it received.

EPA anticipates that the final rule will reduce toxic air pollution from industrial and commercial boilers by 58,000 tons per year. The HAP emitted by facilities with these boilers and process heaters include: arsenic, cadmium, chromium, hydrogen chloride, hydrogen fluoride, lead, manganese, mercury, nickel, and various organic HAPs. The final rule contains among other provisions, a provision to exempt facilities that present a low risk to human health. The final rule becomes effective November 12, 2004. For more information, email or call Kirk_A_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Program Services.

EPA PROPOSES TO MODIFY THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM GENERAL PERMIT FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES

On September 16, 2004, EPA published a notice (69 FR 55818) in the FR which proposes to modify the permit conditions for construction activities under EPA's National Pollution Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities (CONSTRUCTION GENERAL PERMIT- CGP). The CGP is available for use where EPA is the NPDES permitting authority in EPA Regions 1-3 and 5-10. Operators of both large (>5 acres) and small (1-5 acres) construction sites are eligible to obtain coverage under the CGP for allowable storm water and non-storm water discharges. EPA is proposing to strike the following phrases:

The phrase "or permit noncompliance" in section 2.3.d of the CGP.
The phrase "or permit noncompliance" in Appendix D;
The phrase "or permit noncompliance" in Appendix D, in the paragraph following section D.3; and
The phrase "the discharges" in section 3.11.B.

The changes in the first three bullets above indicate that construction site operators may be liable for permit noncompliance even in those instances when the operator is not covered, or not yet covered by that permit. The other change is editorial. The proposed modification is, in part, the result of a settlement agreement with petitioners who filed a lawsuit over EPA's July 1, 2003 issuance of the CGP. Coverage under the general permit authorizes the discharge of storm water from construction activities consistent with the terms of the permit. Comments on the proposed modifications must be received by EPA on or before October 18, 2004. For more information, email or call Raja Ranade at (509) 376-9676 with Fluor Hanford's Program Services.

From Olympia:

WASHINGTON DEPARTMENT OF HEALTH PUBLISHES FINAL RULE ON RADIATION AIR EMISSION PROTECTION RULE

On September 15, 2004, WDOH published a final rule (WSR 04-18-094) in the Washington State Register (WSR) amending Chapter 246-247 WAC, the radiation air emission protection rule, primarily to be consistent with federal standards. The final rule includes provisions that:

Modify Chapter 246-247 - 075, -080 and -085 WAC to clarify that WDOH may authorize provisions other than those set forth in the WAC for monitoring, testing, quality assurance, inspections, reporting, recordkeeping, or determining compliance with dose equivalent standards, only when specifically requested to do so by nonfederal licensees;
Amend Chapter 246-247 - 110 and -130 WAC to clarify that new rules are not applied to force retrofit of "grandfathered" Hanford stacks so far as sampling and monitoring of airborne releases;
Updates the citing of 40 CFR 61, Subpart H in WAC 246-247-040, -075, -080 and -085 to specify the revised Subpart H, effective on October 9, 2002;
Amend Chapter 246-247-075 to refer to the updated quality assurance standards QA/R-2 and QA/R-5; and
Adopts the federal ANSI/HPS N13.1 -1999 Standards into Chapter 246-247 WAC.

The final rule became effective October 2, 2004. For more information, email or call John_A_Bates@rl.gov at (509) 376-2088 with Fluor Hanford's Program Services.

Briefly:

On September 2, 2004, EPA published a notice (69 FR 53705) in the FR announcing the availability of EPA's 2004 annual review of existing effluent guidelines under the Clean Water Act (CWA) Section 304(b) provisions and presents EPA's final 2004 Effluent Guidelines Program Plan (EGPP) under the CWA section 304(m). Section 304(m) requires EPA to publish an EGPP every two years. The notice describes the schedule for several effluent guidelines rulemakings EPA will undertake soon. It also describes EPA's preliminary thoughts on the 2005 annual review under CWA section 304(b) and solicits comments, data, and information to assist EPA in performing that review. EPA is soliciting comments and asking for data/information on the 2005 annual review but did not include a comment due date in the notice.
On September 7, 2004, the Department of Transportation (DOT) published changes to its final rule (69 FR 54042) in the FR to correct editorial errors, make minor regulatory changes and improve the clarity of certain provisions of the Hazardous Materials Regulation (HMR). DOT's intent with the changes is to enhance the accuracy and reduce misunderstandings with the regulations. The amendments in the final rule are minor changes and do not impose new requirements. The corrections became effective October 1, 2004.
On September 7, 2004, EPA published a document (69 FR 54025) in the FR entitled, "Supplemental Response to Comments Document on the Storage of Polychlorinated biphenyls (PCBs)". The document responds to the U.S. Court of Appeals direction for EPA to more fully address comments submitted during the rulemaking process that occurred in 1998. In that rulemaking, EPA promulgated a major revision to the PCB rule on use, manufacture, processing, distribution in commerce, and disposal of PCBs. One of the amendments created a new authorization for storing PCB Articles for reuse subject to certain requirements. These requirements were then challenged in court. The document can be found on the Internet at http://www.epa.gov/edocket/.
On September 13, 2004, DOT published a notice (69 FR 55113) in the FR correcting errors in the final rule DOT published in the FR on January 26, 2004 amending requirements in the HMR pertaining to the transportation of radioactive materials based on changes to the International Atomic Energy Agency (IAEA). The changes in the IAEA are contained in a publication entitled, "IAEA Safety Standards Series: Regulations for the Safe Transport of Radioactive Material, "1996 Edition, No. TS-R-1. The corrections to the final rule became effective October 1, 2004.
On September 14, 2004, EPA published a proposed rule (69 FR 55377) in the FR to revise its regulation implementing the Privacy Act. EPA is streamlining and condensing its regulations by removing superfluous language and using simpler language whenever possible. Comments on the proposed rule must be received by EPA on or before October 14, 2004.
On September 15, 2004, EPA published a notice of proposed rulemaking (NPR) (69 FR 55547) in the FR to explore the feasibility of designing a process through which stakeholders could provide their ideas and recommendations on procedures for the development of detection and quantitation limits and uses of these limits in the CWA programs. On March 12, 2003, EPA published two documents in the FR for public comment - one document discussed EPA's assessment of detection and quantitation procedures that are applied to analytical methods used under the CWA (68 FR 11791) and the second document proposed revisions to the detection and quantitation definitions and procedures specified in 40 CFR Part 136 (68 FR 11770). The proposed regulatory revisions were based on results of assessment and on comments from the users of the method detection limit procedure. EPA was prompted, when analyzing some of the public comments, to obtain additional stakeholder input on the procedures to develop detection and quantitation limits and uses of these limits in the CWA program. A due date for public comment was not provided in the notice.
On September 17, 2004, EPA published a notice (69 FR 56016) in the FR announcing that it was extending the comment period on the proposed rule that would set federal standards and practices for conducting all appropriate inquiries as required under CERCLA. The comment period has been extended from October 25, 2004 to November 30, 2004. Comments on the proposed rule must be received by EPA on or before the new date.

*FEDERAL/STATE*
	*REGISTER REVIEW*

69 FR 53378: On September 1, 2004, EPA published a notice announcing that the document entitled, "Draft Nitrogen Oxides Exemption Guidance for the Proposed Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) was available for review and comment. Comments were due October 1, 2004.

69 FR 53705: On September 2, 2004, EPA published a notice announcing the availability of EPA's 2004 annual review of existing effluent guidelines under the CWA and presents EPA's final 2004 Effluent Guidelines Program Plan (see briefly, this edition).

69 FR 54025: On September 7, 2004, EPA published a document entitled, "Supplemental Response to Comments Document on the Storage of Polychlorinated biphenyls (PCBs)" (see briefly, this edition). The document can be found on the Internet at http://www.epa.gov/edocket/.

69 FR 54042: On September 7, 2004, the DOT published changes to its final rule to correct editorial errors, make minor regulatory changes and improve the clarity of certain provisions of the HMR. The corrections became effective October 1, 2004.

69 FR 54097: On September 7, 2004, EPA published a notice announcing that it will hold a public meeting to discuss the proposed rule that would set federal standards and practices for conducting all appropriate inquiries as required by CERCLA (see briefly, this edition). The proposed rule is available on EPA's website at http://www.epa.gov/brownfields.

69 FR 54144: On September 7, 2004, EPA published a notice announcing that the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances is developing Acute Exposure Guideline Levels (AEGLS) on an ongoing basis to provide Federal, State and local agencies with information on short term exposures to hazardous chemicals. This notice provides a list of 15 proposed AEGL chemicals that are available for public review and comment. Comments on the AEGLs were due October 7, 2004.

69 FR 55113: On September 13, 2004, DOT published a notice correcting errors in the final rule amending requirements in the HMR pertaining to the transportation of radioactive materials based on changes to the IAEA (see briefly, this edition). The corrections to the final rule became effective October 1, 2004.

69 FR 55157: On September 13, 2004, EPA published a notice announcing that it had forwarded an Information Collection Request (ICR) on State Operating Permits Regulations regarding Title V, Part 70 of the CAA to the OMB for review and approval. Comments on the ICR must be received by EPA on or before October 13, 2004.

69 FR 55218: On September 13, 2004, EPA published a final rule promulgating NESHAPs for industrial, commercial and institutional boilers and process heaters (see article, this edition). The final rule becomes effective November 12, 2004.

69 FR 55157: On September 13, 2004, EPA published a notice announcing that an ICR on State Operating Permits Regulations (40 CFR Part 70) (Renewal) has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before October 13, 2004.

69 FR 55377: On September 14, 2004, EPA published a proposed rule to revise its regulation implementing the PA (see briefly, this edition). Comments on the proposed rule must be received by EPA on or before October 14, 2004.

69 FR 55433: On September 14, 2004, EPA published a amendments to the notice of PA system of records. EPA is proposing to republish two exempt PA system of records. Comments on the proposed amendments must be received by EPA on or before October 14, 2004.

69 FR 55547: On September 15, 2004, EPA published a NPR to explore the feasibility and design a process through which stakeholders could provide their ideas and recommendations on procedures for the development of detection and quantitation limits and uses of these limits in the CWA programs (see briefly, this edition).

69 FR 55816: On September 16, 2004, EPA published a notice announcing that it has forwarded an ICR on New Source Performance Standards (NSPS) for Small Industrial-Commercial-Institutional Steam Generating Units to OMB for review and approval. Comments on the ICR must be received by EPA on or before October 18, 2004.

69 FR 55818: On September 16, 2004, EPA published a notice announcing that its proposal to modify the permit conditions specific to construction activities covered under EPA's NPDES CPG (see article, this edition). Comments on the proposed modifications must be received by EPA on or before October 18, 2004.

69 FR 56016: On September 17, 2004, EPA published a notice announcing that it was extending the comment period on the proposed rule that would set federal standards and practices for conducting all appropriate inquiries as required under CERCLA (see briefly, this edition). Comments on the proposed rule must be received by EPA on or before November 30, 2004.

69 FR 56050: On September 17, 2004, EPA published a notice announcing that it has forwarded an ICR on Underground Storage Tanks to OMB for review and approval. Comments on the ICR must be received by EPA on or before October 18, 2004.

69 FR 56182: On September 20, 2004, EPA published a notice announcing that it was extending the comment period on the NPR on the Protection of Stratospheric Ozone: Process for Exempting Critical Uses from the Phaseout of Methyl Bromide. The comment period has been extended to October 21, 2004.

69 FR 56382: On September 21, 2004, EPA published a notice announcing that it will hold a public meeting to discuss EPA's proposed rule that would set federal standards and practices for conducting all appropriate inquiries as required by CERCLA (see briefly, this edition). The public meeting will be held on Thursday, November 18, 2004 in San Francisco, CA from 2 p.m. to 4 p.m.

69 FR 57687: On September 27, 2004, EPA published a notice announcing that an ICR on National Wastewater Operator Training and Technical Assistance Program under the CWA has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before October 27, 2004.

69 FR 57688: On September 27, 2004, EPA published a notice announcing that an ICR on Annual Public Water Systems Compliance Report has been forwarded to OMB for review and approval. Comments on the ICR must be received by EPA on or before October 27, 2004.

69 FR 57689: On September 27, 2004, EPA published a notice announcing the OMB responses to EPA ICRs approved in August 2004.

WSR 04-17-101: On September 1, 2004, Ecology's Toxic Cleanup Program published a notice announcing that it has updated, deleted or prepared new policies, procedures, or implementation memos.

WSR 04-18-094: On September 15, 2004, WDOH published a final rule amending Chapter 246-247 WAC to be consistent with federal standards by adopting the ANSI/HPS N 13.1-1999 ANSI standards (see article, this edition). The final rule becomes effective October 2, 2004.

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