[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Proposed Rules]
[Pages 56185-56186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27140]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-6459-5]
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) ``Salt Residue 
Repack, Bldg. 371 and 707 Process Control Plan, RS-020-021, Rev. 000,'' 
(2) ``Ash Residue Repack Project, Bldg. 707 Process Control Plan, RS-
020-012, Rev. 000,'' (3) ``Dry Residue Repackaging Process Control 
Plan, RS-020-013, Rev. 000,'' and ``Combustible Residue Repackaging 
Process Control Plan, RS-020-018, Rev. 000.'' 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 
November 15, 1999. This notice of the inspection and comment period 
accords with 40 CFR 194.8.

DATES: EPA is requesting public comment on the documents. Comments must 
be received by EPA's official Air Docket on or before November 17, 
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, SW, Washington, DC 20460. The DOE documents are available for 
review in the official EPA Air Docket in Washington, DC, Docket No. A-
98-49, Category II-A2, 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: vary by semester; and in Santa Fe at the New Mexico State 
Library, Hours: Monday-Friday, 9am-5pm.
    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 (Pub. L. No. 102-
579), as amended (Pub. L. No. 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, DC, and informational dockets in the State of New 
Mexico for public review and comment.
    EPA approved the required quality assurance program at RFETS in 
March 1999. EPA also approved certain waste characterization processes 
at RFETS in March 1999 and June 1999. DOE is proposing to use 
additional nondestructive assay processes that EPA did not previously 
inspect at RFETS. EPA will conduct a inspection of RFETS to verify that 
the utilization of these additional processes as part of the system of 
controls for waste characterization complies with 40 CFR 194.24.
    EPA has placed four documents pertinent to the inspection in the 
public docket described in ADDRESSES. The documents are entitled: (1) 
``Salt Residue Repack, Bldg. 371 and 707

[[Page 56186]]

Process Control Plan, RS-020-021, Rev. 000,'' (2) ``Ash Residue Repack 
Project, Bldg. 707 Process Control Plan, RS-020-012, Rev. 000,'' (3) 
``Dry Residue Repackaging Process Control Plan, RS-020-013, Rev. 000,'' 
and ``Combustible Residue Repackaging Process Control Plan, RS-020-018, 
Rev. 000.'' Two other relevant RFETS documents--``Tansuranic Waste 
Management Manual, Rev. 2,'' and ``RFETS TRU Waste Characterization 
Program Quality Assurance Project Plan''--were placed in Docket A-98-49 
previously (Items II-A2-9 and II-A2-10) and are also open to comment. 
In accordance with 40 CFR 194.8, as amended by the final certification 
decision, EPA is providing the public 30 days to comment on these 
documents.
    If EPA determines as a result of the inspection that the proposed 
processes at RFETS adequately control the characterization of 
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 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: October 7, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 99-27140 Filed 10-15-99; 8:45 am]
BILLING CODE 6560-50-P