[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27901-27902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13606]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-6100-9]
RIN 2060-AG85


Opportunity To Comment on Documents Used by the Department of 
Energy To Certify the Rocky Flats Environmental Technology Site To Ship 
Transuranic Waste to WIPP, as Required in: Criteria for the 
Certification and Re-certification of the Waste Isolation Pilot Plant's 
Compliance With the Disposal Regulations: Certification Decision

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability; opening of public comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of, and soliciting public comments for 30 days on, 
Department of Energy (DOE) documents used to certify the Rocky Flats 
Environmental Technology Site (RFETS) to ship transuranic radioactive 
waste to the Waste Isolation Pilot Plant (WIPP). The documents include: 
``Rocky Flats Environmental Technology Site Transuranic (TRU) Waste 
Management Manual'' (dated January 7, 1998) and ``Rocky Flats 
Environmental Technology Site Waste Isolation Pilot Plant Quality 
Assurance Project Plan'' (dated May 14, 1997). These documents are 
available for review in the public dockets listed in ADDRESSES. The EPA 
will be using these documents to evaluate RFETS's quality assurance and 
waste characterization programs and processes. The EPA will perform an 
inspection at RFETS the week of June 22-26, 1998.

DATES: EPA is requesting public comment on these documents. Comments 
must be received by EPA's official Air Docket on or before June 22, 
1998.

ADDRESSES: Comments should be submitted to: Docket No. A-93-02, Air 
Docket, Room M-1500 (LE-131), U.S. Environmental Protection Agency, 401 
M Street, S.W., Washington, DC 20460.
    The DOE documents, ``Rocky Flats Environmental Technology Site 
Transuranic (TRU) Waste Management Manual'' (dated January 7, 1998) and 
``Rocky Flats Environmental Technology Site Waste Isolation Pilot Plant 
Quality Assurance Project Plan'' (dated May 14, 1997) are available for 
review in the official EPA Air Docket in Washington DC, Docket No. A-
93-02, Category X-B, and at the following three EPA WIPP informational 
docket locations in New Mexico: in Carlsbad at the Municipal Library, 
Hours: Monday-Thursday, 10am-9pm, Friday-Saturday, 10am-6pm, and Sunday 
1pm-5pm; in Albuquerque at the Government Publications Department, 
Zimmerman Library, University of New Mexico, Hours: Monday-Thursday, 
8am-9pm, Friday, 8am-5pm, Saturday-Sunday, 1pm-5pm; and in Santa Fe at 
the Fogelson Library, College of Santa Fe, Hours: Monday-Thursday, 8am-
12am, Friday, 8am-5pm, Saturday, 9am-5pm, and Sunday, 1pm-9pm.
    As provided in EPA's regulations at 40 CFR Part 2, and in 
accordance with normal EPA docket procedures, if copies of any docket 
materials are requested, a reasonable fee may be charged for 
photocopying.

FOR FURTHER INFORMATION CONTACT: Chuck Byrum, Office of Radiation and 
Indoor Air, (505) 665-7555 or call EPA's 24-hour toll-free WIPP 
Information Line, 1-800-331-WIPP.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Department of Energy (DOE) is developing the Waste 
Isolation Pilot Plant (WIPP) near Carlsbad in southeastern New Mexico 
as a potential deep geologic repository for disposal of transuranic 
(TRU) radioactive waste. As defined by the WIPP Land Withdrawal Act 
(LWA) of 1992, as amended (Pub. L. No. 102-579), TRU waste consists of 
materials containing elements having atomic numbers greater than 92 
(with half-lives greater than twenty years), in concentrations greater 
than 100 nanocuries of alpha-emitting TRU isotopes per gram of waste. 
Most TRU waste consists of items contaminated during the production of 
nuclear weapons, e.g., rags, equipment, tools, and organic and 
inorganic sludges.
    On May 13, 1998, the U.S. Environmental Protection Agency (EPA) 
announced its final compliance certification decision to the Secretary 
of Energy. This decision states that the WIPP will comply with EPA's 
radioactive waste disposal regulations at 40 CFR Part 191 and the WIPP 
Compliance Criteria at 40 CFR Part 194.
    The final WIPP certification decision includes conditions that (1) 
prohibit shipment of TRU waste for disposal at WIPP from any site other 
than the Los Alamos National Laboratory (LANL) until EPA determines 
that the site has established and executed a quality assurance program, 
in accordance with Secs. 194.22(a)(2)(i), 194.24(c)(3), and 
194.24(c)(5) for waste characterization activities and assumptions; and 
(2) prohibit shipment of TRU waste for disposal at WIPP from any site 
other than LANL until EPA has approved, in accordance with the approval 
process set forth at Sec. 194.8(b), the procedures developed to comply 
with the waste characterization requirements of Sec. 194.24(c)(4). As 
part of the EPA's decision-making process, DOE is required to submit to 
EPA appropriate documentation used to certify each DOE waste generator 
site for shipment of transuranic radioactive waste to WIPP. In 
accordance with Sec. 194.8, EPA will place such documentation in the 
official Air Docket in Washington, D.C., and informational dockets in 
the State of New Mexico for public review and comment.
    The documents submitted to EPA include: ``Rocky Flats Environmental 
Technology Site Transuranic (TRU) Waste Management Manual'' (dated 
January 7, 1998) and ``Rocky Flats Environmental Technology Site Waste 
Isolation Pilot Plant Quality Assurance Project Plan'' (dated May 14, 
1997). The ``Rocky Flats Environmental Technology Site Transuranic 
(TRU) Waste Management Manual'' sets forth the waste characterization 
procedures for TRU wastes at Rocky Flats. The ``Rocky Flats 
Environmental Technology Site Waste Isolation Pilot Plant Quality 
Assurance Project Plan'' sets forth the quality assurance program that 
DOE purports to comply with the

[[Page 27902]]

requirements of Sec. 194.22. After EPA reviews these documents for 
adequacy, EPA will conduct an inspection of a DOE audit of the site to 
determine whether the requirements set out in these documents are being 
adequately implemented in accordance with Conditions 2 and 3 of EPA's 
WIPP certification decision (Criteria for the Certification and 
Recertification of the Waste Isolation Pilot Plant's Compliance With 
the 40 CFR Part 191 Disposal Regulations: Certification Decision). 
Section 194.8 of the WIPP Compliance Criteria (as amended by the final 
certification decision) provides the public at least 30 days to comment 
on the documents placed in EPA's docket relevant to the site approval 
process.
    If EPA determines that the provisions in the documents are 
adequately implemented, EPA will notify DOE by letter and place the 
letter in the official Air Docket in Washington DC, and in the 
informational docket locations in New Mexico. A positive approval 
letter will allow DOE to begin shipping TRU waste from RFETS. EPA will 
not make a determination of compliance before the inspection or before 
the 30-day comment period has closed.
    Information on EPA's radioactive waste disposal standards (40 CFR 
Part 191), the compliance criteria (40 CFR Part 194), and EPA's 
certification decision is filed in the official EPA Air Docket, Dockets 
No. R-89-01, A-92-56, and A-93-02, respectively, and is available for 
review in Washington DC, and at the three EPA WIPP informational docket 
locations in New Mexico. The dockets in New Mexico contain only major 
items from the official Air Docket in Washington, DC, plus those 
documents added to the official Air Docket since the October 1992 
enactment of the WIPP LWA.

    Dated: May 14, 1998.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 98-13606 Filed 5-20-98; 8:45 am]
BILLING CODE 6560-50-P