Hanford Environmental Report - September 14, 2001

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 23, Number 9 - September 14, 2001

From Washington D.C.:

EPA GRANTS FINAL APPROVAL OF WASHINGTON'S AIR OPERATING PERMIT PROGRAM

On August 13, 2001, EPA published a final rule (66 FR 42439) in the Federal Register granting full approval of Washington's air operating permit program. This full approval came after a long process that began in November 1993 when two state agencies (Ecology and the Energy Facility Site Evaluation Council) and eight local air authorities submitted Washington's program to EPA as required by the Clean Air Act Amendments (CAA) of 1990. In December 1994, EPA granted interim approval to Washington's program and asked the agencies to address a number of issues before it would grant full approval. The agencies made those revisions and EPA published a direct final rule in the Federal Register in January 2001, granting full approval of Washington's program. During the public comment period, EPA received an adverse comment and determined that Ecology would need to revise the insignificant emission units (IEU) provisions, particularly, the IEU exemption from monitoring, recordkeeping, reporting and compliance certification requirements.

Ecology and several businesses in Washington objected to EPA's determination that the IEU provisions must be revised and challenged the Agency in court (WSPA v EPA, No. 95-70034, 9th Cir. October 17, 1996). The Ninth Circuit Court subsequently ruled in favor of the petitioners and remanded the issue back to EPA to give full approval to Washington's air operating permit program. The final rule becomes effective September 12, 2001. For more information, email or call Kirk_A_FDH_Peterson@rl.gov of Fluor Hanford's Compliance Services at (509) 372-2364.

THE DEPARTMENT OF TRANSPORTATION PROPOSES REVISIONS TO THE UNIFORM HAZARDOUS WASTE MANIFEST FOR SHIPPING HAZARDOUS WASTE

On August 8, 2001, the Department of Transportation (DOT) published a notice of proposed rulemaking (66 FR 41490) in the Federal Register to revise their Uniform Hazardous Waste Manifest for shipments of hazardous wastes. DOT is revising the rule to be consistent with the revisions EPA is proposing to their Hazardous Waste Manifest System regulation. In EPA's rule revision, the Agency is proposing to allow the uniform hazardous waste manifest to be prepared and transmitted electronically from the generator to the disposal facility. It is also allowing the required signature on the manifest to be done electronically rather than in handwritten form on a hard copy of the manifest.

In DOT's proposed rulemaking, the Agency is proposing to be consistent with EPA by allowing the generator to prepare an electronic manifest, but it will require that the hazardous waste be accompanied by a hard copy of the manifest that can be either a print-out of the electronic version or a separate shipping paper that meets all of the manifest requirements. Comments on the proposed rulemaking must be received in DOT by October 4, 2001. DOE has submitted comments on this proposed rulemaking to DOT. For more information, email or call Donald_W_Jr_Fritz@rl.gov (509) 372-2066.

EPA PROPOSES RULE TO ALLOW ELECTRONIC REPORTING

On August 3, 2001, EPA published a proposed rule (66 FR 46161) in the Federal Register to allow electronic reporting of EPA documents under Title 40 CFR. The proposed rule is intended to remove existing regulatory obstacles to electronic reporting and recordkeeping across EPA programs. It also establishes the conditions under which EPA will allow an electronic record to satisfy federal regulation recordkeeping requirements. Additionally, the proposed rule will allow States and Tribes to seek EPA approval to accept electronic documents or allow maintenance of electronic records to satisfy reporting and recordkeeping requirements under their authorized or delegated environmental programs. The rule applies to any regulated entity that submits documents directly to EPA.

Under this proposed rule, the electronic document submission or electronic recordkeeping will be voluntary. EPA will not require submission of electronic documents or maintenance of electronic records in lieu of paper documents or records. Comments on the proposed rule must be received by EPA on or before November 29, 2001. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

FEDERAL AGENCIES ISSUE MULTI-AGENCY RADIOLOGICAL LABORATORY ANALYTICAL PROTOCOLS MANUAL

On August 31, 2001, the Department of Defense, DOE, EPA, Food and Drug Administration, Geological Survey, National Institute of Standards and Technology, and the Nuclear Regulatory Commission published a notice (66 FR 45972) in the Federal Register announcing that the document entitled, "Multi-Agency Radiological Laboratory Analytical Protocols (MARLAP) Manual," was available for public review and comment. This MARLAP is intended to be a multi-agency consensus document that provides guidance for planning, implementation, and assessment of projects requiring radionuclide laboratory analysis. It provides guidance to make sure that radionuclide analytical laboratory data will meet the data requirements of a project or program.

The MARLAP uses a performance-based approach and supports a wide range of data collection activities such as site characterization and cleanup, compliance demonstration, decommissioning of nuclear facilities, remedial and removal actions, environmental monitoring, and waste management activities. The MARLAP can be obtained from the Internet at http://www.eml.doe.gov/marlap/. Comments on the Manual must be received by EPA on or before December 15, 2001. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

From Olympia:

THE MODEL TOXICS CONTROL ACT REGULATION BECOMES EFFECTIVE

On August 15, 2001, the Model Toxics Control Act Regulation became effective. At that time, Ecology released guidance documents for the regulated community to use in understanding and using the amended regulation. The guidance documents include:

Cleanup Levels and Risk Calculations under the Model Toxics Control Act Cleanup Regulation;
Workbook Tools for Calculating Soil and Ground Water Cleanup Levels under the Model Toxics Control Act Cleanup Regulation;
Terrestrial Ecological Evaluation Process - Interactive User's Guide; and
Developing Petroleum Hydrocarbon Cleanup Levels.

These documents can be accessed on Ecology's website at http://www.ecy.wa.gov/programs/tcp/regs/reg_main.html. Ecology is also providing training on the regulation in various cities throughout the state including, Seattle at the Mountaineers Building on Third Avenue West on August 28, 2001; Vancouver at the Administrative Service Evergreen School District on 13501 NE 28th and 136th on September 13, 2001; Richland at 2420 Stevens Center Place on October 4, 2001; and Spokane on October 18, 2001, at the Washington State University Cooperative Extension Office at 222 North Havana. The training is from 8:30 a.m. to 4:30 p.m. and is free. For more information, email or call Marsha A_Beery@rl.gov of Fluor Hanford's Olympia Office at (360) 709-0664.

Briefly:

Ecology and the Department of Health (DOH) have recently announced that they are seeking public and tribal involvement in the planning of the next phase of site investigation on the Draft Environmental Impact Statement (EIS) for the Commercial Low-Level Radioactive Waste Site in Richland. Phase III of the investigation will provide data that will be used to determine the extent and nature of the contamination, possible sources of contamination, associated risks and appropriate corrective action. Ecology and DOH will be holding public meetings on the EIS in various cities throughout the State including Seattle at the Henry M. Jackson Federal Building on September 10, 2001; Kennewick at the Ecology Nuclear Waste Program Office on September 11, 2001; and Hood River, Oregon at the Best Western Hood River Inn on September 12, 2001.
EPA's Inspector General's (IG) office is reviewing how the Agency uses science in its rulemaking process. The review will be done in possibly two phases. Phase I will address which rules will be included in the study, the means to measure the characteristics of critical science supporting each rule; the measures of the scientific quality of a rule and the estimates of the effort, resources and time needed to complete the full study. The IG's office will determine whether to proceed with Phase II of the analysis once the information from Phase I is complete. Information on the review can be obtained from the Internet at http://www.epa.gov/sab.
EPA is seeking public comment on a draft report entitled, "The National Costs of the Total Maximum Daily Load (TMDL) Program" and two supporting technical documents. The TMDL program requires states to identify waters not meeting water quality standards and to establish TMDL to restore the quality of those impaired waters. The report indicated that in the more cost-effective scenario, it would cost approximately $900 million to $3.2 billion and in the least flexible scenario $4.3 billions annually to restore 20,000 impaired waterways. The cost of water quality monitoring to support the development of TMDLs is expected to be approximately $17 million per year. EPA prepared the cost study as part of a congressional mandate. Comments on the draft report must be received by EPA on or before December 7, 2001. The draft report and technical documents can be obtained from the Internet at http://www.epa.gov/OWOW/tmdl/costs.
On August 9, 2001, EPA published a notice of proposed rulemaking (66 FR 41817) which delays the effective date of revisions to the water quality planning and management regulation and the national pollutant discharge elimination system program by 18 months. These revisions, which amend section 303(d) of the Clean Water Act, were published in the Federal Register on July 13, 2000. Section 303(d) requires States to identify waters that are not meeting State water quality standards and establish TMDLs to restore the quality of those waters. Because of the controversy that was generated by the 303(d) rule revision, EPA has decided to delay the rulemaking. Additionally, ten lawsuits were filed by States, industries, agricultural groups, and environmental organizations on the rulemaking that assert EPA exceeded its authority. Comments on the delay must be received by EPA on or before September 10, 2001.
On August 10, 2001, EPA published a notice (66 FR 42193) in the Federal Register announcing that it was extending the comment period on the proposed amendments to the Uniform Hazardous Waste Manifest regulations. The proposed amendments, including changes to the manifest form, were published in the Federal Register on May 22, 2001, with a public comment due date of August 20, 2001. EPA has now extended that public comment period to October 4, 2001, in response to concerns by the Association of State and Territorial Solid Waste Management Officials that they need more time to comment.
On August 7, 2001, the Agency for Toxic Substances and Disease Registry (ATSDR) published a notice (66 FR 41243) in the Federal Register announcing that three new draft toxicological profiles were available for public review and comment. These draft profiles were developed by ATSDR for hazardous substances at DOE waste sites. The draft profiles include profiles on cesium, americium and strontium. Comments on these draft profiles must be received in ATSDR by October 31, 2001.
On August 27, 2001, EPA published a direct final rule (66 FR 44978) in the Federal Register to remove an amendment to the Testing and Monitoring provisions on continuous opacity monitoring. In a final rule EPA promulgated and published in the Federal Register on October 17, 2000, EPA inadvertently established new requirements for facilities that are subject to the New Source Performance Standards that require the installation of continuous opacity monitors under 40 CFR Part 60. The direct final rule becomes effective October 17, 2001, unless adverse comments are received by September 26, 2001. Elsewhere in this same Federal Register, EPA published a proposed rule (66 FR 44997) in the event adverse comments are received on the direct final rule. Comments on the proposed rule must be received by EPA on or before September 26, 2001.
On August 21, 2001, EPA published a notice (66 FR 43856) announcing that it will be releasing a draft guidance document on lead and lead compounds the second week of September 2001. The draft guidance is in response to a final rule EPA promulgated in January 2001 that lowered reporting thresholds for lead and lead compounds under section 313 of the EPCRA and the PPA. In that rulemaking, EPA lowered the thresholds from 25,000 and 10,000 pound manufacturing, processing and otherwise use reporting thresholds to 100 pounds. The guidance is intended to assist those regulated facilities with compliance with the EPCRA Section 313 release reports. The guidance can be obtained from the Internet at http://www.epa.gov/tri. Comments on the draft guidance must be received by EPA on or before September 20, 2001.
DOE recently released a study entitled, "Preliminary Site Suitability Evaluation" which indicates that they would meet EPA's radiation standards at Nevada's Yucca Mountain site. The study also indicated that the repository would conform to DOE site guidelines and the Nuclear Regulatory Commission engineering standards. Release of this study is a major step in DOE's effort to build the repository. The Secretary of Energy is scheduled to make a recommendation to President Bush by the end of 2001 on whether or not to proceed with the project. DOE plans to begin accepting commercial nuclear waste at the site by 2010. The study can be obtained from the Internet at http://www.ymp.gov.

*FEDERAL/STATE*
	*REGISTER REVIEW*

66 FR 40174: On August 2, 2001, the DOT published a notice announcing that it has extended the comment period on the proposed rulemaking for the Hazardous Materials Regulations published on June 14, 2001. DOT is also holding public meetings in Washington D.C. on September 14, 2001, and in Diamond Bar, California on October 12, 2001. Comments on the proposed rulemaking must be received by DOT on or before November 30, 2001.

66 FR 41026: On August 6, 2001, EPA published a notice announcing that it was extending the comment period on the preliminary draft document entitled, "National Ambient Air Quality Standards for Particulate Matter: Policy Assessment of Scientific and Technical Information" and the draft document entitled, "Particulate Matter NAAQS Risk Analysis Scoping Plan." Comments on these documents must be received by EPA on or before September 28, 2001.

66 FR 41025: On August 6, 2001, EPA published a notice announcing that an Information Collection Request (ICR) on National Emission Standards on Hazardous Air Pollutants for Beryllium has been forwarded to the Office of Management and Budget for review and approval. Comments on the ICR must be received by EPA on or before September 5, 2001.

66 FR 41243: On August 7, 2001, the Agency for Toxic Substances and Disease Registry published a notice announcing that three new draft toxicological profiles were available for review and comment (see briefly, this edition). Comments on these draft profiles must be received by ATSDR on or before October 31, 2001.

66 FR 41490: On August 8, 2001, DOT published a notice of proposed rulemaking to revise its regulations on the Uniform Hazardous Waste Manifest for shipments of hazardous wastes (see article, this edition). Comments on the proposed rulemaking must be received by EPA on or before October 4, 2001.

66 FR 41817: On August 9, 2001, EPA published a notice which proposes to delay by 18 months the effective date of a rule amending and clarifying regulations implementing 303(d) of the Clean Water Act (see briefly, this edition). Comments on this proposal must be received by EPA on or before September 10, 2001.

66 FR 41875: On August 9, 2001, EPA published a notice announcing that the draft report and two technical documents on the total national costs associated with the TMDL program are available for public review and comment (see briefly, this edition). Comments on these documents must be received by EPA on or before December 7, 2001.

66 FR 42974: On August 16, 2001, EPA published notice announcing that a separate electronic mail address, ow-arsenic-docket@epa.gov, for comments on arsenic has been established for the July 19, 2001, publication of the arsenic rule in the Federal Register. Comments on the July 19, 2001, publication must be received by EPA on or before October 31, 2001.

66 FR 42193: On August 10, 2001, EPA published a notice announcing that it was extending the comment period on the amendments to the Uniform Hazardous Waste Manifest regulations. Comments on the regulation amendments must now be received by EPA on or before October 4, 2001.

66 FR 42439: On August 13, 2001, EPA published a final rule approving Washington State's air operating permits program (see article, this edition). The final rule becomes effective September 12, 2001.

66 FR 42608: On August 14, 2001, EPA published a final rule removing certain provisions of the nitrogen oxides emission standards for new electric utility steam generating units and industrial-commercial-institutional steam generating units promulgated on September 16, 1998. The final rule becomes effective August 14, 2001.

66 FR 42654: On August 14, 2001, EPA published a notice announcing that an ICR on Community-Right-To-Know Reporting Requirements have been forwarded to OMB for review and approval. The Emergency Planning and Community Right to Know Act requires owners and operators of facilities subject to Occupational Safety and Health Administration Hazard Communications Standards to submit a list of chemicals or Material Safety Data Sheets to the State Emergency Response Commission, Local Emergency Planning Committee and the local fire department with jurisdiction over the facility. Comments on this ICR must be received by EPA on or before September 13, 2001.

66 FR 42655: On August 14, 2001, EPA published a notice with its determination of the Waste Isolation Pilot Plant's compliance with applicable Federal Environmental Laws for the period 1998 to 2000.

66 FR 42659: On August 14, 2001, ATSDR published a notice announcing that the priority date needs for ten priority hazardous substances is available for public review. The priority data needs represent essential information to improve the database for conducting public health assessments. Comments on these priority data needs must be received by EPA on or before November 13, 2001.

66 FR 42856: On August 15, 2001, EPA published a notice announcing that the final report entitled, "Summary Report for the Workshop Issues Associated with Dermal Exposure and Uptake," is available for public review and comment. This report summarizes discussions at the EPA Risk Assessment Forum's workshop held December 10, 2001, and December 11, 2001. The document can be obtained from the Internet at http://www.epa.gov/ncea/raf/rafpub.htm.

66 FR 42909: On August 15, 2001, DOT published a notice announcing that it was soliciting public input to assist in developing additional guidance as to when a reasonable person offering, accepting, or transporting a hazardous material in commerce would be deemed to have knowledge of facts giving rise to a violation of Federal hazardous material transportation laws or the Hazardous Materials Regulations. Comments must be received in DOT by December 14, 2001.

66 FR 44978: On August 27, 2001, EPA published a direct final rule to remove an amendment to the Testing and Monitoring Provisions published in the Federal Register on October 17, 2001, (see briefly, this edition). The direct final rule becomes effective October 11, 2001, unless adverse comments are received by September 26, 2001. EPA has published a proposed rule elsewhere in this same Federal Register. It will take action in the event adverse comments are received on the direct final rule. Comments on the proposed rule must be received by EPA on or before September 26, 2001.

66 FR 42976: On August 16, 2001, EPA published a proposed rule revoking significant new use rules for two substances of the Toxic Substances Control Act based on new information. Comments on this proposed rule must be received by EPA on or before September 17, 2001.

66 FR 42978: On August 16, 2001, EPA published a proposed rule modifying the significant new use rules for two substances promulgated under the TSCA. Comments on this proposed rule must be received by EPA on or before September 17, 2001.

66 FR 43011: On August 16, 2001, EPA published a notice announcing that the final report on "Volatilization Rates From Water to Indoor Air -Phase II" is available. The purpose of the report is to provide a methodology to assess the volatilization of chemicals from contaminated water to indoor air. The document can be obtained from the Internet at http://www.epa.gov/ncea.

66 FR 43254: On August 17, 2001, EPA published a notice containing OMB's responses to several ICRs that had been submitted.

66 FR 43142: On August 17, 2001, EPA published a notice announcing that it was extending the comment period on proposed amendments to the National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants Waste Combustors published in the Federal Register on July 3, 2001. Comments on the proposed rule must now be received by EPA on or before October 16, 2001.

66 FR 44071: On August 22, 2001, EPA published an immediate final rule granting final authorization to Idaho's State Hazardous Waste Management Program revisions. The final authorization will become effective November 20, 2001, unless EPA receives adverse written comments by September 21, 2001.

66 FR 44252: On August 22, 2001, DOT published a final rule which responds to comments received on the interim final rule published September 16, 1999, extends the provisions of the interim final rule, and provides additional exceptions from requirements to place new poison inhalation hazard and poison gas labels and placards on certain packages and transport vehicles. The final rule becomes effective October 1, 2001.

66 FR 45679: On August 29, 2001, EPA published a notice announcing that the DOE documents on waste characterizations programs for transuranic radioactive waste at the Savannah River site proposed for disposal at the Waste Isolation Pilot Project are available for public review and comment. Comments on the documents must be received by EPA on or before September 28, 2001.

66 FR 45811: On August 30, 2001, EPA published a proposed rule amending the document entitled, "Guidelines Establishing Test Procedures for the Analysis of Pollutants," under Section 304(h) of the Clean Water Act. EPA is adding several analytical test procedures for Escherichia coli, enterococci, Cryptosporidium, and Giardia. Comments on the proposed rule must be received by EPA on or before October 29, 2001.

66 FR 45972: On August 31, 2001, the Department of Defense, DOE, EPA, Food and Drug Administration, Geological Survey, National Institute of Standards and Technology, and the Nuclear Regulatory Commission published a notice announcing that the draft document entitled, "Multi-Agency Radiological Laboratory Analytical Protocols Manual," (MARLAP), was available for review and comment. MARLAP provides guidance for planning, implementation, and assessment phases of those projects that require laboratory analysis of radionuclides. Comments on the document must be received by EPA on or before December 15, 2001.

66 FR 45986: On August 31, 2001, EPA published a notice announcing that the draft "Strategy for Waterborne Microbial Disease," was available for public review and comment. Comments on the draft strategy must be received by EPA on or before October 19, 2001.

66 FR 46161: On August 31, 2001, EPA published a proposed rule allowing electronic reporting of EPA documents under Title 40 CFR regulations (see article, this edition). Comments on the proposed rule must be received by EPA on or before November 29, 2001.

66 FR 46162: On August 31, 2001, EPA published a proposed rule to allow electronic reporting to EPA. The proposed rule establishes conditions under which EPA will allow an electronic record to satisfy federal environmental recordkeeping requirements. The proposed rule also allows States and Tribes to seek EPA approval to accept electronic documents or allow the maintenance of electronic records to satisfy reporting and recordkeeping requirements under environmental programs they are authorized or delegated to administer. Comments on the proposed rule must be received by EPA on or before November 29, 2001.

WSR 01-16-132: On August 15, 2001, Ecology published a pre-proposal statement of inquiry for a rulemaking to amend the instream resources protection program for the mainstem of the Columbia River and the water resources program for the John Day-McNary Pools Reach of the Columbia River. The amendments would allow Ecology to process new water rights from the mainstem of the Columbia and Snake Rivers by river reach.

WSR 01-16-131: On August 15, 2001, Ecology published a proposed rule to establish a new rule, Chapter 173-173 WAC, for measuring and reporting water diversions and withdrawals. Ecology will be holding public hearings on the draft rule in several cities throughout the state including Tacoma on September 4, Bellingham on September 5, Walla Walla on September 11, Yakima on September 12, Wenatchee on September 13, and Sequim on September 17, 2001. Comments on the proposed rule must be received by Ecology on or before September 24, 2001.

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