[Federal Register Volume 65, Number 73 (Friday, April 14, 2000)]
[Proposed Rules]
[Pages 20109-20110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9378]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-6579-5]
RIN 2060-AG85


Waste Characterization Program Documents Applicable to 
Transuranic Radioactive Waste From the Idaho National Engineering and 
Environmental Laboratory Proposed 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 on waste characterization programs 
applicable to certain transuranic (TRU) radioactive waste at the Idaho 
National Engineering and Environmental Laboratory (INEEL) proposed for 
disposal at the Waste Isolation Pilot Plant (WIPP). The documents are: 
``Quality Assurance Project Plan for the Transuranic Waste 
Characterization Program (PLN-190), Revision 4 (March 2000),'' ``INEEL 
TRU Waste Characterization, Transportation, and Certification Quality 
Program Plan (PLN-182), Revision 4 (March 2000),'' and ``Program Plan 
for Certification of INEEL Contact-Handled Stored Transuranic Waste 
(PLN-579), Revision 0 (March 2000).'' The documents are available for 
review in the public dockets listed in ADDRESSES. The EPA will use 
these documents to evaluate waste characterization systems and 
processes applicable to waste streams containing debris waste at INEEL, 
as requested by DOE. In accordance with EPA's WIPP Compliance Criteria 
at 40 CFR 194.8, EPA will conduct an inspection of waste 
characterization systems and processes at INEEL on April 24-27, 2000 to 
verify that the proposed systems and processes at INEEL can 
characterize transuranic debris waste properly, consistent with the 
Compliance Criteria. This notice of the inspection and comment period 
accords with 40 CFR 194.8.

DATES: The EPA is requesting public comment on these documents. 
Comments must be received by EPA's official Air Docket on or before May 
15, 2000.

ADDRESSES: Comments should be submitted to: Docket No. A-98-49, Air 
Docket, Room M-1500 (LE-131), U.S.

[[Page 20110]]

Environmental Protection Agency, 401 M Street, SW, Washington, DC, 
20460.
    The DOE documents ``Quality Assurance Project Plan for the 
Transuranic Waste Characterization Program (PLN-190), Revision 4 (March 
2000),'' ``INEEL TRU Waste Characterization, Transportation, and 
Certification Quality Program Plan (PLN-182), Revision 4 (March 
2000),'' and ``Program Plan for Certification of INEEL Contact-Handled 
Stored Transuranic Waste (PLN-579), Revision 0 (March 2000),'' are 
available for review in the official EPA Air Docket in Washington, 
D.C., 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, General Library, University of New 
Mexico, Hours: vary by semester; and in Santa Fe at the New Mexico 
State Library, Hours: Monday-Friday, 9am-5pm.
    Copies of items in the docket may be requested by writing to Docket 
A-98-49 at the address provided above, or by calling (202) 260-7548. As 
provided in EPA's regulations at 40 CFR part 2, and in accordance with 
normal EPA docket procedures, 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 24-hour, toll-free WIPP 
Information Line, 1-800-331-WIPP, or visit our website at http://www.epa.gov/radiation/wipp/announce.html.

SUPPLEMENTARY INFORMATION: The 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. 102-579), as amended (Pub. L. 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. Most TRU waste consists of items 
contaminated during the production of nuclear weapons, such as rags, 
equipment, tools, and organic and inorganic 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 states that the WIPP will comply with the EPA's 
radioactive waste disposal regulations at 40 CFR part 191, subparts B 
and C.
    The final WIPP certification decision includes a condition that 
prohibits shipment of TRU waste for disposal at WIPP from any site 
other than Los Alamos National Laboratory (LANL) until EPA has approved 
the procedures developed to comply with the waste characterization 
requirements of Sec. 194.24(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, DOE 
is required to submit to EPA appropriate documentation of 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 in informational dockets in the State 
of New Mexico, for public review and comment.
    EPA inspected certain waste characterization processes at INEEL on 
July 28-30, 1998. DOE is proposing to apply those same processes that 
EPA inspected and approved (A-98-49 Items II-A-4-1 & 2) to new groups 
of waste streams. Specifically, the EPA approval (A-98-49 Items II-A-4-
1 & 2) limits the applicability of the INEEL waste characterization 
processes and systems to graphite-bearing debris wastes. In the action 
described today, INEEL is seeking to have that approval expanded to 
include all debris wastes. EPA will conduct an inspection of INEEL to 
verify that these additional waste streams can be characterized in 
compliance with 40 CFR 194.24.
    The INEEL documents submitted to EPA are: ``Quality Assurance 
Project Plan for the Transuranic Waste Characterization Program (PLN-
190), Revision 4 (March 2000),'' ``INEEL TRU Waste Characterization, 
Transportation, and Certification Quality Program Plan (PLN-182), 
Revision 4 (March 2000),'' and ``Program Plan for Certification of 
INEEL Contact-Handled Stored Transuranic Waste (PLN-579), Revision 0 
(March 2000).'' The ``Quality Assurance Project Plan for the 
Transuranic Waste Characterization Program (PLN-190), Revision 4 (March 
2000)'' and the ``INEEL TRU Waste Characterization, Transportation, and 
Certification Quality Program Plan (PLN-182), Revision 4 (March 2000)'' 
set forth the quality assurance program applied to TRU waste 
characterization at INEEL. The ``Program Plan for Certification of 
INEEL Contact-Handled Stored Transuranic Waste (PLN-579), Revision 0 
(March 2000)'' sets forth the waste characterization procedures for TRU 
wastes at INEEL. After EPA reviews these documents, EPA will conduct an 
inspection of INEEL to determine whether the requirements set forth in 
these documents are being adequately implemented in accordance with 
Condition 3 of the EPA's WIPP certification decision (appendix A to 40 
CFR part 194). In accordance with Sec. 194.8 of the WIPP compliance 
criteria, EPA is providing the public 30 days to comment on the 
documents placed in EPA's docket relevant to the site approval process. 
Because the inspection will occur during the comment period, EPA will 
respond to relevant comments received prior to, during, and after the 
inspection.
    If EPA determines that the provisions in the documents are 
adequately implemented, EPA will notify the 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 ship additional TRU waste from INEEL. 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 EPA's radioactive waste disposal standards (40 
CFR part 191), the compliance criteria (40 CFR part 194), and the 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 after the October 1992 
enactment of the WIPP LWA.

    Dated: April 10, 2000.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 00-9378 Filed 4-13-00; 8:45 am]
BILLING CODE 6560-50-P