[Federal Register Volume 65, Number 229 (Tuesday, November 28, 2000)]
[Proposed Rules]
[Pages 70828-70829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30416]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-6909-4]
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, or ``we'') 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, EPA will conduct an inspection of waste characterization 
systems and processes at INEEL the week of December 4, 2000, to verify 
that the proposed systems and processes at INEEL can characterize 
transuranic solid waste properly, consistent with the Compliance 
Criteria.

DATES: The EPA is requesting public comment on these documents. 
Comments must be received by EPA's official Air Docket on or before 
December 28, 2000.

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 ``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, 10 am-9 pm, Friday-
Saturday, 10 am-6 pm, and Sunday, 1 pm-5 pm; 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, 9 am-5 pm.
    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

[[Page 70829]]

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 (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. 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 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.
    We initially approved certain waste characterization processes at 
INEEL following an inspection on July 28-30, 1998. EPA's approvals of 
INEEL to date have limited the applicability of the approved waste 
characterization processes and systems to debris wastes. DOE is 
proposing to apply the processes that EPA inspected and approved for 
debris wastes to solid waste streams as well. We 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. We will conduct an inspection of INEEL the week of 
December 4, 2000, 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, we are 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, we 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, we will notify DOE by letter and place the 
letter in the official Air Docket in Washington, D.C., and in the 
informational docket locations in New Mexico. A positive approval 
letter will allow DOE to ship additional TRU waste from INEEL. We will 
not make a determination of compliance prior to 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, D.C., 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, D.C., plus 
those documents added to the official Air Docket after the October 1992 
enactment of the WIPP LWA.

    Dated: November 21, 2000.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 00-30416 Filed 11-27-00; 8:45 am]
BILLING CODE 6560-50-U