Hanford Environmental Report - September 8, 2000

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 22, Number 9 - September 8, 2000

From Washington D.C.:

EPA ISSUES PROPOSED AMENDMENTS TO THE CORRECTIVE ACTION MANAGEMENT UNIT RULE

On August 22, 2000, EPA published a proposed rule (65 FR 51080) in the Federal Register amending 40 CFR Part 260, 264, and 271, the Corrective Action Management Unit (CAMU) rule under RCRA. The intent of the rule amendment is to clarify EPA's general minimum expectations for CAMUs and to make the CAMU process more consistent. The proposed rule includes changes to provisions on:

Types of wastes that may be managed in a CAMU;
Design standards that apply to CAMUs;
Treatment requirements for wastes placed in a CAMU;
Information submission requirements for CAMU applications;
Responses to releases from CAMUs; and
Public participation requirements for CAMUs.

The amendment also establishes new requirements for CAMUs used for treatment and storage, particularly those in which wastes will not remain after closure, and provides a "grandfather clause" for certain categories of CAMUs. Additionally, the amendments propose an approach to state authorization that would grant interim authorization for states that are authorized for the CAMU rule. Wayne Toebe, with Compliance Field Services, is reviewing the rule to determine how it will impact Hanford. Comments on the proposed rule must be received by EPA on or before October 23, 2000. For more information, email or call Wayne_E_Toebe@rl.gov of Fluor Hanford at (509) 372-2359.

From Olympia:

ECOLOGY ISSUES SECOND ROUND OF PROPOSED AMENDMENTS TO THE MODEL TOXIC CONTROL ACT RULE

On August 16, 2000, Ecology published a second round of proposed amendments (WSR 00-16-135) to the Model Toxic Control Act rule in the Washington State Register. The first publication of the proposed rule amendments occurred on November 17, 1999. At that time, the Department of Energy submitted comments during the public comment period. In February 2000, Ecology announced that it would be refiling the rule with the Code Revisor's Office because of a procedural error they had made in filing the previous proposed rule amendments. In this second round of proposed rule amendments, Ecology has made changes to the rule including:

Clarifying the use of a quantitative risk assessment in evaluating alternatives being considered during the feasibility study and in establishing cleanup levels;
Placing more emphasis on ensuring the effectiveness of institutional controls;
Authorizing Ecology to develop model remedies as resources allow;
Adding new and changing some existing cleanup/contamination standards for various contaminants;
Clarifying the development of remediation levels and the remedy selection process; and
Incorporating current Ecology policies and guidances into the rule such as current policies on the statistical methods for determining compliance and delisting of sites.

The comment period on this second round of amendments ends September 15, 2000. A public hearing was held September 6, 2000. Since the Hanford Site contractors, particularly Bechtel Hanford, Inc. (BHI), continue to have major concerns with the rule, Marsha Beery at (360) 709-0664 with the Fluor Hanford Regulatory and Environmental Compliance group (Olympia Office), testified on their behalf at the public hearing. Barry Vedder, at (509) 372-9444 with BHI, is coordinating comments for the Hanford Site. For more information, email or call Barry L Vedder at (509) 372-9444.

Briefly:

Ecology will be holding the third Statewide Nonpoint Water Pollution Conference in Everett, Washington on September 26-28, 2000. The conference covers a wide range of topics on nonpoint pollution including a grants and loans workshop, a stormwater manual workshop, a watershed tour, a stream restoration workshop and lectures on onsite septic systems, nonpoint source total maximum daily loads, stormwater prevention, ground water management, and agriculture and urban pesticides. The cost to the conference is $75. For more information, contact Marsha Beery.
Ecology recently released a draft Permit Writers Manual, Publication No. 92-109. This revision includes typographical and minor factual error corrections and other changes. There are also policy and procedural corrections to certain chapters. The draft update is available from the Department of Printing using the order form from their Internet site at http://www-application1.wa.gov/printers/. Additionally, Ecology will be holding public workshops on September 26, 2000, in Everett at the Howard Johnson Hotel; on October 3, 2000, in Vancouver at the Vancouver Water Resources Education Center; on October 4, 2000, in Renton at the Renton Community Center; and on October 17, 2000, in Lacey at Ecology's Headquarters Office to discuss the changes. Comments on the draft manual must be received by Ecology on or before November 17, 2000.
Ecology recently released a report entitled, "Draft Strategy to Continually Reduce Persistent, Bioaccumulative, Toxic Chemicals in Washington State." Comments on the draft strategy must be received by Ecology on or before October 30, 2000. The report can be viewed on the Internet at http://www.ecy.wa.gov/programs/eap/pbt/pbtfaq.html.
A working group of several federal agencies including DOE, Nuclear Regulatory Commission, DOD, National Institute of Standards and Technology, U.S. Geological Survey, Food and Drug Administration and representatives from Kentucky and California are developing guidance entitled, "Multi-Agency Radiation Laboratory Protocols Manual." This guidance is intended to help decision makers obtain laboratory data to assist them in addressing regulatory and other issues regarding radiation. When the manual is completed, each federal participant is expected to incorporate the document into relevant guidance. A draft of the manual is intended to be complete by the spring of 2001. Information on the manual is available on the Internet at http://www.epa.gov/radiation/marlap.
EPA is continuing to work on interim guidance which attempts to clarify the definition of a federally permitted air release under CERCLA. After releasing an earlier draft of this guidance in December 1999, several industry groups and individual companies petitioned the U.S. Court of Appeals for the District of Columbia Circuit (National Association of Manufacturers v. EPA, D.C. Cir. No.00-1111, motion filed 8/25/00) contending that the guidance is actually rulemaking and should therefore be subject to the more extensive notice and comment procedures required by rulemaking. Because of the petition, EPA suspended the interim guidance and intends to issue a revised guidance by the end of November 2000.
Ecology is in the beginning phase of developing the 2002 polluted water list known as the 2000 303(d) list which they are required to complete every two years under the Clean Water Act (CWA). This list contains water bodies that Ecology will focus on to clean up over the next few years. Ecology has prepared a paper which contains the assumptions they will use for listing water bodies and a list of issues the agency will consider in this process. There is also a schedule for development of the 2000 303(d) list. For more information, contact Marsha Beery.
On August 21, 2000, EPA published a notice announcing that it was extending the comment period on the proposed rule to amend the National Emission Standards for Hazardous Air Pollutants for Radionuclide Emissions other than radon-222 and -220 from DOE facilities under 40 CFR Part 61, Subpart H; and from non-DOE federal facilities in the radionuclide NESHAP under 40 CFR Part 61, Subpart I. The purpose of Subpart H is to limit radionuclide emissions from the stacks and vents at DOE facilities so that no member of the public receives an effective dose equivalent of more than 10 millirems (mrem) per year. Likewise, facilities affected by Subpart I are limited to radionuclide emissions, including iodine, from stacks and vents so that no member of the public receives a dose equivalent of more than 10 mrem/year plus an effective dose equivalent of 3 mrem/year for iodine. EPA has extended the comment period from August 14, 2000, to October 6, 2000.

*FEDERAL/STATE*
	*REGISTER REVIEW*

65 FR 48108: On August 4, 2000, EPA and the Department of Justice published a final rule that provides members of the public and government officials with access to information on the potential off-site consequences of hypothetical accidental chemical releases from industrial facilities. This information is included in a facilities Risk Management Plan that was submitted to EPA. The final rule became effective August 4, 2000.

65 FR 48914: On August 10, 2000, EPA published a final rule revising the monitoring requirements for air emission source owners who must install and use continuous stack and duct opacity monitoring equipment under Performance Specification 1 of appendix B, 40 CFR, Part 60 of the Clean Air Act (CAA). The final rule becomes effective February 6, 2001.

65 FR 49060: On August 10, 2000, EPA published a proposed rule implementing section 316(b) of the CWA for new facilities using water from rivers, lakes, reservoirs, estuaries, oceans, or other waters of the U.S. for cooling water purposes. The proposed rule would establish national requirements on the location, design, construction, and capacity of cooling water intake structures for new facilities. Comments on the proposed rule must be received by EPA on or before October 10, 2000.

65 FR 49803: On August 15, 2000, EPA published a notice announcing that the draft guidance on the design of flexible air permits is available for public review and comment. The guidance is intended to assist State and local permitting authorities on designing air permits to provide more operational flexibility while still meeting the substantive and procedural requirements of Title V, CAA and Title 40, Part 70. The draft guidance can be viewed on the Internet at http://www.epa.gov/ttn/oarpg/. Comments on the draft guidance must be received by EPA on or before September 14, 2000.

65 FR 50196: On August 17, 2000, EPA published a notice announcing that an Information Collection Request (ICR) on: standards of performance for new stationary sources under section 111; national emission standards for hazardous air pollutants under 112; and records and reports from inspections, monitoring and entry into facilities under 114 of the Clean Air Act has been submitted to the Office of Management and Budget (OMB) for review and approval. EPA is asking for comment to evaluate whether the proposed collection of information is necessary for the proper performance of EPA's functions; to evaluate the accuracy of EPA's estimate of the burden of this information; and to enhance the quality, use, and clarity of the information. Comments on the ICR must be received by EPA on or before October 16, 2000.

65 FR 50200: On August 17, 2000, EPA published a notice to request comments on a Draft Project XL Final Project Agreement for the Labs21 Project. The Labs21 XL Project offers laboratories regulatory or policy flexibility through a customized XL review process so that they can maximize environmental performance. Comments on the Agreement must be received by EPA on or before August 31, 2000. A copy of the agreement can be obtained from the Internet at http://www.epa.gov/ProjectXL.

65 FR 50450: On August 18, 2000, the Department of Transportation published a final rule amending the Hazardous Materials Regulation which addresses petitions that were filed on the rulemaking. The final rule becomes effective October 1, 2000.

65 FR 50522: On August 18, 2000, EPA published a notice announcing that it has submitted an ICR on Chemical Specific Rules, TSCA Section 8(a) to OMB for review and approval. Comments on the ICR must be received by EPA on or before September 18, 2000.

65 FR 50672: On August 21, 2000, EPA published a notice to reopen the comment period on 40 CFR Part 61, Subpart H and Subpart I (see briefly, this edition). Comments on this proposed rulemaking must be received by EPA on or before October 6, 2000.

65 FR 50741: On August 21, 2000, the Department of Transportation (DOT) published a notice announcing that it has submitted an ICR on hazardous materials transportation in 49 CFR 171-180 to OMB for review and approval. Comments on the ICR must be received by DOT on or before October 20, 2000.

65 FR 50985: On August 22, 2000, EPA published a notice announcing that it was submitting an ICR on Notification of Substantial Risk under TSCA Section 8(e) to OMB for review and approval. Comments on the ICR must be received by EPA on or before September 21, 2000.

65 FR 51080: On August 22, 2000, EPA published a proposed rule amending the regulations on Corrective Action Management Units (see article, this edition). Comments on the proposed rule must be received by EPA on or before October 23, 2000.

65 FR 53008: On August 31, 2000, EPA published a notice announcing its final Effluent Guidelines Plan (EGP) for 2000 was available. The notice also discusses comments received on both the proposed EGP for 2000 and on the framework for developing future EGPs which were published in the Federal Register on June 16, 2000. The CWA requires EPA to publish the EGP every two years. The effective date of the final EGP 2000 is October 2, 2000.

65 FR 52978: On August 31, 2000, EPA published a notice extending the comment period for the proposed rule addressing cooling water intake structures for new facilities. The proposed rule (65 FR 49060) was published in the Federal Register on August 10, 2000. Comments must be received by EPA on or before November 9, 2000.

WSR 00-15-020: On August 2, 2000, Ecology published a final rule amending Chapter 173-307 WAC, Pollution Prevention Plans. The rule amendment clarifies certain provisions and makes other housekeeping changes. The final rule became effective August 11, 2000.

WSR 00-15-021: On August 2, 2000, Ecology published a final rule amending Chapter 173-240 WAC, Submission of Plans and Reports for Construction of Wastewater Facilities. The amendment clarifies certain provisions and makes other housekeeping changes. The final rule became effective August 11, 2000.

WSR 00-15-080: On August 2, 2000, the Department of Health published a final rule amending the Chapter 246-290 WAC, the drinking water regulation. The amendment brings the drinking water regulation into conformance with EPA's rules on consumer confidence reporting for drinking water systems. The final rule became effective August 19, 2000.

WSR 00-15-072: On August 2, 2000, Ecology published a public notice announcing that it would be holding public hearings and informational workshops on the proposal to reissue the general permits for stormwater discharges associated with construction and industrial activities. Ecology is also soliciting public comment on this proposal. The public workshops and hearings will be held September 7, 2000, in Spokane, and September 12, 2000, in Bellevue. Comments on the proposal must be received by Ecology on or before September 14, 2000.

WSR 00-16-135: On August 16, 2000, Ecology published a proposed rule to amend Chapter 173-340 WAC, the Model Toxics Control Act, Chapter 173-321 WAC, Public Participation Grants, and Chapter 173-322 WAC, Remedial Action Grants (see article, this edition). The proposed rule is intended to implement changes recommended by the Policy Advisory Committee and comply with other laws and the governor's executive order on regulatory reform. Ecology will hold public hearings on September 6, 2000, in Seattle, and September 7, 2000, in Spokane. Comments on the proposed rule must be received by Ecology on or before September 15, 2000.

WSR 00-16-103: On August 16, 2000, Ecology published a final rule amending Chapter 173-305 WAC, the Hazardous Waste Fee regulation. The regulation establishes a means for funding technical assistance and compliance education assistance to hazardous substance users and waste generators in Washington. The amendment clarifies certain provisions and makes other housekeeping changes. The final rule became effective September 1, 2000.

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