[Federal Register Volume 66, Number 66 (Thursday, April 5, 2001)]
[Proposed Rules]
[Pages 18058-18059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8492]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-6963-4]
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 the Rocky Flats Environmental 
Technology Site (RFETS) proposed for disposal at the Waste Isolation 
Pilot Plant (WIPP). The documents are available for review in the 
public dockets listed in ADDRESSES. We will conduct an inspection of 
waste characterization systems and processes at RFETS to verify that 
the proposed nondestructive assay processes at RFETS can characterize 
transuranic waste in accordance with EPA's WIPP compliance criteria. 
EPA will perform this inspection the week of April 23, 2001.

DATES: EPA is requesting public comment on the document. Comments must 
be received by EPA's official Air Docket on or before May 7, 2001.

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, 10 a.m.-9 p.m., Friday-
Saturday, 10 a.m.-6 p.m., and Sunday 1 p.m.-5 p.m.; 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, 9 a.m.-5 p.m.
    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 has opened the WIPP near Carlsbad, 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, we announced our 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). Our approval process for waste 
generator sites is described in Sec. 194.8. As part of our decision-
making process, the DOE is required to submit to us documents 
describing the 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, we place 
these documents in the official Air Docket in Washington, DC, and in 
supplementary 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 after several subsequent inspection throughout 1999 and 2000. 
DOE is proposing to use additional nondestructive assay processes that 
EPA did not previously inspect at RFETS. EPA will conduct a inspection 
of RFETS during the week of April 23, 2001, to verify that the proposed 
processes are effective as part of the system of controls for waste 
characterization in accordance with 40 CFR 194.24.
    We have placed the operating procedures for the proposed 
nondestructive radioassay equipment in the public docket described in 
ADDRESSES. The procedures are entitled, ``Operating Building 569 Drum 
Tomographic Gamma Scanner, PRO-1007-TGS-569-02, Rev. 0, 3/9/01,'' 
``Operating Building 569 Passive/Active Drum Counter, PRO-666-PADC569, 
Rev. 1, 2/23/01,'' ``Operating Building 569 FRAM Gamma Spectroscopy 
System, PRO-1092-FRAM-569, Rev 1, 3/9/01,'' and ``Operating the Super 
High Efficiency Neutron Coincidence (SuperHENC) Counter Mobile Assay 
System, PRO-957-SuperHENC, Revision 3, 2/23/01.'' In accordance with 40 
CFR 194.8, as amended by the final certification decision, we are 
providing the public 30 days to comment on these documents.
    If we determine 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 three 
duplicate dockets 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. We 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

[[Page 18059]]

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: March 30, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 01-8492 Filed 4-4-01; 8:45 am]
BILLING CODE 6560-50-P