Hanford Environmental Report - September 13, 2002

Privacy & Security Notice

	Hanford Environmental Report
Dedicated to Environmental Compliance

Volume 24, Number 9 - September 13, 2002

From Washington, D.C.:

EPA REVISES CRITERIA FOR CERTIFICATION AND RECERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE DISPOSAL REGULATIONS

On August 9, 2002, EPA published a proposed rule (67 FR 51929) in the Federal Register amending the criteria for the certification and recertification of the Waste Isolation Pilot Plant's (WIPP) compliance with the disposal regulations. The criteria are used to determine whether the DOE's WIPP will comply with EPA's "Environmental Radiation Protection Standards for Management and Disposal of Spent Nuclear Fuel, High-Level and Transuranic (TRU) Radioactive Wastes." The revisions include:

Addition of a mechanism to address minor changes to the provisions of the compliance criteria;
Changes to the approval process for waste characterization programs at DOE TRU sites;
Changes to allow for the submission of copies of compliance applications and reference materials in alternative format; and
Replacement of the term "process knowledge" with "acceptable knowledge."

The proposed revision will not lessen the requirements for complying with the compliance criteria. EPA is taking this action in accordance with the procedures for substituting alternative provisions of the compliance criteria. Comments on the proposed rule amendment must be received by EPA on or before December 9, 2002. For more information, email or call Wayne_E_Toebe@rl.gov at (509) 372-2359 with Fluor Hanford's Compliance Services.

EPA AND THE SIERRA CLUB FILE A SETTLEMENT AGREEMENT ON THE MAXIMUM ACHIEVABLE CONTROL TECHNOLOGY RULE AMENDMENT

On August 26, 2002, EPA published a notice (67 FR 54804) in the Federal Register announcing that it had reached a proposed settlement agreement with the Sierra Club on amendments to the National Emission Standard for Hazardous Air Pollutants (NESHAP) for Source Categories: General Provisions and Requirements for Control Technology Determinations for Major Sources under Section 112(g) and 112 (j) of the Clean Air Act (CAA) published in the Federal Register (67 FR 16582) on April 5, 2002 (also known as the maximum achievable control technology [MACT] rule). In the lawsuit, which had been previously filed with the U.S. Court of Appeals for the District of Columbia Circuit, the Sierra Club challenged EPA's final rule amendments that had extended until May 15, 2004, the deadline for companies to submit detailed applications for permit by which states would determine their hazardous air pollution emission (HAP) limits on a case-by-case basis. In the settlement agreement, EPA agreed to reduce the deadline extension by one year to May 15, 2003.

The MACT rule amendment prevents the application of the "MACT hammer" which would have required companies to complete permit applications with detailed information on air toxic emissions by May 15, 2002, and forced states to make case-by-case determinations on the MACT level of emissions for each facility. The final rule amendment established a two-step application process, which deferred submittal of detailed emissions information by a facility until May 15, 2004. Part 1 of the application that was due May 15, 2002, required only basic information about a facility. Under the settlement agreement, EPA must propose a rule amendment by October 15, 2002, with the new application deadline of 2003, and must issue a final rule by March 15, 2003. Comments on the settlement agreement must be received by EPA on or before September 25, 2002. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Compliance Services.

EPA PUBLISHES NOTICES ON INFORMATION COLLECTION REQUESTS

EPA recently published notices in the Federal Register on two Information Collection Requests (ICRs) it will be sending to the Office of Management and Budget (OMB). These ICRs include:

On August 13, 2002, EPA published a notice (67 FR 52718) that it was planning to submit an ICR on General Hazardous Waste Facility Standards to OMB for review and approval. The ICR expires on December 31, 2002. Section 3003 of RCRA requires that EPA develop standards for hazardous waste treatment, storage, and disposal (TSD) facilities to protect human health and the environment. This section also contains requirements for these standards including: (1) maintaining records of all hazardous waste identified or listed under Subtitle C that are treated, stored, or disposed of; (2) operating methods, techniques, and practices for TSD of hazardous waste; (3) location, design, and construction of such hazardous waste TSD facilities; (4) contingency plans for effective action to minimize unanticipated damage from any TSD of any such hazardous waste; and (5) maintaining or operating such facilities and requiring such additional qualifications as to ownership, continuity of operation, training of personnel, and financial responsibility as may be necessary. EPA is seeking comment on whether the proposed collection of this information is necessary. Comments on the ICR must be received by EPA on or before October 15, 2002.

On August 16, 2002, EPA published a notice that it had forwarded an ICR on Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances under Section 112 (r) of the CAA to OMB for review and approval. The ICR expires on September 30, 2002. The 1990 CAA amendments added Section 112( r) to provide for prevention and mitigation of accidental releases of regulated substances. The ICR addresses information requirements including documenting a source's risk management program and submitting a source risk management plan to EPA and collecting and submitting information to support petitions to modify the list of regulated substances under Section 112 (r)(3). EPA is soliciting comment on the need for continuing the collection of this information. Comments on the ICR must be received by EPA on or before September 16, 2002.

For more information, email or call Marsha_A_Beery@rl.gov at (360) 709-0664 with Fluor Hanford's Olympia Office.

From Olympia:

ECOLOGY PUBLISHES FINAL RULE AMENDING EMISSION STANDARDS FOR SOURCES EMITTING HAZARDOUS AIR POLLUTANTS

On August 7, 2002, Ecology published a final rule (02-15-068) in the Washington State Register amending Chapter 173-400 WAC, Emission Standards for Sources Emitting Hazardous Air Pollutants. The rule updates the adoption by reference of NESHAPs, 40 CFR 61 and appendices 40 CFR 63, and appendices from July 1, 2002, to May 15, 2002. The final rule also adopts the MACT procedural rules adopted by EPA on April 5, 2002, and the MACT standards amended or adopted by EPA through May 15, 2002.

On April 5, 2002, EPA published a final rule (67 FR 16581) in the Federal Register amending the NESHAP and other regulatory requirements under Section 112 of the CAA. In the final rule, EPA promulgated amendments that establish equivalent emission limitations by permit under Section 112 (j) of the CAA. This section states that a Part 1, Title V application must be submitted to the appropriate permitting authority for those sources for which EPA has not promulgated standards on or before the deadline of May 15, 2002; and that Part 2 of the application must be submitted to EPA by May 15, 2004. However, in light of the recent proposed settlement agreement between the Sierra Club and EPA on the MACT rule amendment (see article #2 above), it appears that EPA will start the rulemaking process in October 2002, to change the due date for submittal of Part 2 of the application to May 15, 2003. For more information, email or call Kirk_A_FDH_Peterson@rl.gov at (509) 372-2364 with Fluor Hanford's Compliance Services.

Briefly:

Ecology and the Department of Health will be holding public hearings on the recently issued Mercury Chemical Action Plan in Tacoma on September 26, 2002, at the Foss High School Theater from 5:30 p.m. to 9:00 p.m. and in Moses Lake on October 3, 2002, at the Big Bend Community College Auditorium from 5:30 p.m. to 9:00 p.m. The draft Mercury Chemical Action Plan identifies short- and long-term actions that will be taken to reduce the use and release of mercury in Washington State. The draft plan can be found on the Internet at http://www.ecy.wa.gov/programs/eap/pbtfaq.html.
Ecology recently released the updated Water Quality Permit Writer's Manual. The manual can be found on the Internet at http://www.ecy.wa.gov/programs/wq/wastewater/index.html#permit manual or can be ordered from the Department of Printing at (360) 570-5555 for $34.06. The changed sections include: (1) discharges to impaired waters; (2) flow adjusted limits; (3) deminimis application of food process wastewater; (4) biosolids; and (5) permit shield policy.
The Agency for Toxic Substances and Disease Registry (ATSDR) recently released a draft guidance entitled, "Guidance Manual for the Assessment of Joint Toxic Action of Chemical Mixtures." This guidance is to be used as a tool for environmental health scientists and toxicologists in assessing the joint toxic action of chemical mixtures. The draft guidance can be found on the Internet at http://www.atsdr.cdc.gov/interactionprofiles/ipga.html. The ATSDR is soliciting comments on the guidance.
The International City/County Management Association and EPA recently developed an internet site which contains information on institutional controls at CERCLA sites. The site was created to help state and local governments learn ways that institutional controls can promote redevelopment of CERCLA sites. Institutional controls are measures that prevent access to land, groundwater, surface water, and other areas of contaminated sites, and include such measures as easements, zoning restrictions, deed notices, warning notices, entry restrictions, land-use restrictions, and groundwater-use controls. The website contains documents such as statutes, model covenants and easements, case studies, and general discussions of selection, implementation, and evaluation of institutional controls. The internet site is located at http://lucs.org.
On August 8, 2002, EPA published a proposed rule (67 FR 51525) in the Federal Register amending the procedural regulations of the State Implementation Plan (SIP) under the CAA. The SIP is being amended to clarify that all EPA actions on SIPs are fully enforceable and binding upon all entities affected by the plan. EPA is also proposing to clarify that the agency will apply the CAA and implementing regulations in like manner to like situations and will explain any deviations from past practices through notice and comment rulemaking. EPA is taking this action as a result of a recent decision by the Court of Appeals for the Ninth Circuit on a SIP revision in Nevada. Comments on the proposed rule must be received by EPA on or before September 9, 2002.
On August 9, 2002, the U.S. District Court for the District of Idaho allowed a lawsuit to go forward challenging DOE Order 435.1 that would allow the agency to reclassify certain forms of high-level radioactive waste to go forward (Natural Resources Defense Council Inc. v Abraham, D. Idaho, No. CV-01-413-S-BLW, 8/9/02). In the lawsuit, the NRDC and other environmental groups and Indian Tribes contend that the DOE Order issued in 1999 would violate the Nuclear Waste Policy Act by allowing DOE to reclassify high-level nuclear waste contained in underground tanks at DOE's Hanford Site and other sites as "incidental to reprocessing" and, therefore, subject to less stringent management and disposal requirements. The Court did not rule on the merits of the case but did dismiss the DOE arguments in support of the government's motion to dismiss.
On August 14, 2002, EPA released guidance entitled, "Consolidated Assessment and Listing Methodology (CALM)" which is designed to help states determine the extent to which all their waters are attaining water quality standards, identify waters that are impaired, and identify waters that can be removed from the impaired waters list because they are attaining standards. The CALM can be found on the Internet at http://www.epa.gov/owow/monitoring/calm.html.
On August 19, 2002, EPA published a notice (67 FR 53743) in the Federal Register announcing that it was withdrawing the direct final rule on the final Civil Monetary Penalty Inflation Adjustment rule published in the Federal Register on June 18, 2002 (67 FR 41343). The direct final rule would have increased penalties for civil violations of environmental laws by 13.6 percent in response to inflation. EPA received one adverse comment during the comment period and decided to withdraw the rule. At same time that EPA published the direct final rule in the Federal Register, the agency had also published a proposed rule (67 FR 41363) that it intended to pursue in the event that adverse comments were received on the direct final rule.
On August 27, 2002, EPA published a document (67 FR 55012) entitled, "Effluent Guidelines Program (EGP) for 2002/2003" in the Federal Register. The EGP identifies industrial categories for which EPA expects to develop or revise effluent limitations guidelines and standards and sets forth the schedules for these rulemakings. A proposed EGP (67 FR 41417) was published in the Federal Register on June 18, 2002. EPA is required to promulgate the effluent limitations under a consent agreement with the National Resources Defense Council (NRDC v. EPA, D.D.C., No. 89-2980, 2/2400). The EGP becomes effective on September 26, 2002.

*FEDERAL/STATE*
	*REGISTER REVIEW*

67 FR 50429: On August 2, 2002, EPA published a notice announcing the temporary closure and subsequent relocation of its Headquarter's Docket. EPA is consolidating the paper docket facilities into a combined facility to be known as the "EPA Docket Center" which will be located at the EPA West Building, Washington, D.C.

67 FR 50676: On August 5, 2002, EPA published a notice announcing that an ICR on Disinfectants/Disinfection Byproducts, Chemical and Radionuclides Rules: Lead and Copper Rule Amendments had been forwarded to the OMB for review and approval. Comments on the ICR must be received by EPA on or before September 4, 2002.

67 FR 51525: On August 8, 2002, EPA published a proposed rule amending its procedural rules regarding State Implementation Plans (SIPs) under the CAA to clarify that such plans when approved by EPA are fully enforceable and binding upon all entities affected by the plans (see briefly, this edition). Comments on the proposed rule amendment must be received by EPA on or before September 9, 2002.

67 FR 51929: On August 9, 2002, EPA published a proposed rule amending the criteria for the certification and recertification of the Waste Isolation Pilot Plant's Compliance with the disposal regulations (see article, this edition). Comments on the proposed rule amendment must be received by EPA on or before December 9, 2002.

67 FR 51928: On August 9, 2002, EPA published a correction to the NESHAPs: Site Remediation rule published July 30, 2002. EPA made a correction to certain dates. The correction is effective immediately.

67 FR 52481: On August 12, 2002, EPA published a notice announcing that it was planning to submit an ICR on Emergency Planning and Release Notification Requirements to OMB for review and approval. Comments on the ICR must be received by EPA on or before October 11, 2002.

67 FR 52718: On August 13, 2002, EPA published a notice announcing that it was planning to submit an ICR on General Hazardous Waste Facility Standards to OMB for review and approval (see article, this edition). Comments on the ICR must be received by EPA on or before October 15, 2002.

67 FR 52721: On August 13, 2002, EPA published a notice announcing that it was establishing a new system of records, which will be an automated information tacking and storage system to be used in connection with the Office of Inspector General audits, consulting services, and evaluations commenced on or after April 8, 2002. The new system will become effective on September 23, 2002, unless adverse comments are received before that time.

67 FR 52779: On August 13, 2002, EPA published a proposed rule to establish NESHAP for miscellaneous metal parts and products surface coating operations located at major sources of HAP. The proposed standards would implement section 112 (d) of the CAA by requiring these operations to meet HAP emission standards that reflect the MACT. Comments on the proposed rule must be received by EPA on or before October 15, 2002

67 FR 53331: On August 15, 2002, EPA published a notice announcing that DOE documents applicable to characterization of TRU radioactive waste at the Los Alamos National Laboratory 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 16, 2002.

67 FR 53579: On August 16, 2002, EPA published a notice announcing that an ICR on Risk Management Program Requirements and Petitions to Modify the List of Regulated Substances has been forwarded to OMB for review and comment (see article, this edition). Comments on the ICR must be received by EPA on or before September 16, 2002.

67 FR 53743: On August 19, 2002, EPA published a notice announcing that it was withdrawing the direct final rule on the final Civil Monetary Penalty Inflation Adjustment rule published in the Federal Register on June 18, 2002 (67 FR 41343) (see briefly, this edition).

67 FR 54418: On August 22, 2002, EPA published the OMB's responses to EPA ICRs.

67 FR 54803: On August 26, 2002, EPA published the OMB's responses to EPA ICRs.

67 FR 54804: On August 26, 2002, EPA published a notice announcing that it had reached a proposed settlement agreement with the Sierra Club on the final NESHAPs for Source Categories: General Provisions; and Requirements for Control Technology Determinations for Major Sources under the CAA 112 (g) and 112 (j) rule published in the Federal Register (67 FR 16582) on April 5, 2002 (see article, this edition). Comments on the proposed settlement agreement must be received by EPA on or before September 25, 2002.

67 FR 54846: On August 26, 2002, EPA published corrections to typographical errors and removed obsolete language in 40 CFR Part 302, the regulations on reportable quantities. The corrections became effective immediately.

67 FR 55012: On August 27, 2002, EPA published a notice announcing that EPA's Effluent Guidelines Program (EGP) Plan for 2002/2003 was available (see briefly, this edition). The EGP became effective on September 26, 2002.

WSR 02-15-068: On August 7, 2002, Ecology published final rule amendments to Chapter 173-400 WAC, the General regulations for Air Pollution Sources, to update the adoption by reference of the NESHAPs and appendices from July 1, 2000, to May 15, 2002, (see article, this edition). The final rule amendments became effective August 12, 2002.

WSR 02-16-094: On August 21, 2002, Ecology published an announcement that it was issuing the general permit for stormwater discharges associated with industrial activities. The permit will become effective on September 20, 2002.

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