[Federal Register Volume 64, Number 57 (Thursday, March 25, 1999)]
[Proposed Rules]
[Pages 14418-14419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7331]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-6315-2]
RIN 2060-AG85


Waste Characterization Program Documents Applicable to 
Transuranic Radioactive Waste From the Rocky Flats Environmental 
Technology Site for Disposal at the Waste Isolation Pilot Plant

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 applicable to characterization of 
transuranic (TRU) radioactive waste at Rocky Flats Environmental 
Technology Site (RFETS) proposed for disposal at the Waste Isolation 
Pilot Plant (WIPP). The documents are entitled: (1) ``Transuranic Waste 
Management Manual, Rev. 2,'' (2) ``RFETS TRU Waste Characterization 
Program Quality Assurance Project Plan,'' and (3) ``Salt Residue 
Stabilization, Building 707 Process Control/Qualification Plan.'' They 
are available for review in the public dockets listed in ADDRESSES. EPA 
will conduct an inspection of waste characterization systems and 
processes at RFETS to verify that the proposed systems and processes at 
RFETS can characterize transuranic waste in accordance with EPA's WIPP 
compliance criteria at 40 CFR 194.24. EPA will perform this inspection 
the week of April 12, 1999. This notice of the inspection and comment 
period accords with 40 CFR 194.8.

DATES: EPA is requesting public comment on the document. Comments must 
be received by EPA's official Air Docket on or before April 26, 1999.

ADDRESSES: Comments should be submitted to: Docket No. A-98-49, Air 
Docket, Room M-1500 (LE-131), U.S. Environmental Protection Agency, 401 
M Street, S.W., Washington, DC 20460. The DOE document is available for 
review in the official EPA Air Docket in Washington DC, Docket No. A-
98-49, Category II-A-2, 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: Scott Monroe, Office of Radiation and 
Indoor Air, (202) 564-9310 or call EPA's toll-free WIPP Information 
Line, 1-800-331-WIPP.

SUPPLEMENTARY INFORMATION:

Background

    DOE is developing the WIPP near Carlsbad in southeastern New Mexico 
as a deep geologic repository for disposal of TRU radioactive waste. As 
defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Public Law 102-
579), as amended (Public Law 104-201), 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. Much of 
the existing TRU waste consists of items contaminated during the 
production of nuclear weapons, such as rags, equipment, tools, and 
sludges.
    On May 13, 1998, EPA announced its final compliance certification 
decision to the Secretary of Energy (published May 18, 1998, 63 FR 
27354). This decision stated that the WIPP will comply with EPA's 
radioactive waste disposal regulations at 40 CFR part 191, subparts B 
and C.
    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 the 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 
(Condition 2 of Appendix A to 40 CFR part 194); and (2) prohibit 
shipment of TRU waste for disposal at WIPP from any site other than 
LANL until the EPA has approved the procedures developed to comply with 
the waste characterization requirements of Sec. 194.22(c)(4) (Condition 
3 of Appendix A to 40 CFR part 194). The EPA's approval process for 
waste generator sites is described in Sec. 194.8. As part of EPA's 
decision-making process, the DOE is required to submit to EPA 
appropriate documentation of quality assurance and waste 
characterization programs at each DOE waste generator site seeking 
approval for shipment of TRU 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.
    EPA inspected certain waste characterization processes at RFETS on 
June 22-26, 1998. At the time of EPA's inspection, RFETS was using 
these processes to characterize waste that DOE categorizes as debris 
waste. DOE is proposing to characterize a different category of waste, 
called salt residues, using processes at RFETS that EPA did not 
previously inspect. DOE also is proposing to use a repackaging process 
for LECO crucibles, a type of debris waste. EPA will conduct a 
inspection of RFETS to verify that these additional processes comply 
with 40 CFR 194.24.
    EPA has placed three documents pertinent to the inspection in the 
public dockets described in ADDRESSES. The documents are entitled: (1) 
``Transuranic Waste Management Manual, Rev. 2,'' (2) ``RFETS TRU Waste 
Characterization Program Quality Assurance Project Plan,'' and (3) 
``Salt Residue Stabilization, Building 707 Process Control/
Qualification Plan.'' The first two documents are revised

[[Page 14419]]

versions of documents placed in the docket prior to the June 1998 
inspection (Docket A-98-49, Items II-A2-1 and II-A2-2). In accordance 
with 40 CFR 194.8, as amended by the final certification decision, EPA 
is providing the public 30 days to comment on the document.
    If EPA determines as a result of the inspection that the proposed 
systems and processes at RFETS can adequately characterize transuranic 
waste, we will notify DOE by letter and place the letter in the 
official Air Docket in Washington, DC, as well as in the informational 
docket locations in New Mexico. A letter of approval will allow the DOE 
to ship from RFETS the TRU waste that may be characterized using the 
approved processes. The EPA will not make a determination of compliance 
prior to the inspection or before the 30-day comment period has closed.
    Information on the certification decision is filed in the official 
EPA Air Docket, Docket No. A-93-02 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: March 18, 1999.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 99-7331 Filed 3-24-99; 8:45 am]
BILLING CODE 6560-50-P