[Federal Register Volume 66, Number 135 (Friday, July 13, 2001)]
[Proposed Rules]
[Pages 36723-36724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17612]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7012-2]
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)

[[Page 36724]]

proposed for disposal at the Waste Isolation Pilot Plant (WIPP). The 
documents are procedures and other materials related to the Waste Assay 
Gamma Spectrometer (WAGS) system, which INEEL proposes to use for 
radioassay of transuranic (TRU) radioactive waste. The documents are 
available for review in the public dockets listed in ADDRESSES. We will 
use these documents to evaluate the WAGS system during an inspection 
conducted in accordance with EPA's WIPP Compliance Criteria in July 
2001. The purpose of the inspection is to verify that the proposed new 
system at INEEL can characterize transuranic solid waste properly, 
consistent with the WIPP Compliance Criteria and Condition 3 of EPA's 
final certification decision for the WIPP.

DATES: The EPA is requesting public comment on these documents. 
Comments must be received by EPA's official Air Docket on or before 
August 13, 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.
    DOE documents related to the WAGS system are 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, 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 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 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 relevant documentation of waste characterization 
programs at each DOE waste generator site seeking approval for shipment 
of TRU radioactive waste to the WIPP. In accordance with Sec. 194.8, 
EPA will place such documentation in the official Air Docket in 
Washington, DC, 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. Since December 2000, 
INEEL has been using a new radioassay system, called the SWEPP Waste 
Assay Gamma Spectrometer (WAGS) system, to complete measurements of the 
radioactive constituents of waste drums. EPA recently learned that 
drums characterized by the WAGS system were sent to the WIPP without 
EPA's approval. On June 27, 2001, we instructed DOE to suspend 
shipments from INEEL pending investigation by EPA inspectors. On July 
2-3, 2001, we performed a preliminary test of the WAGS system and found 
that it appears to operate at a level comparable to an EPA-approved 
system. Consequently, there appears to be no risk to public safety or 
the environment from INEEL drums already placed in the mine. We also 
found that INEEL is taking proper actions to identify the cause of the 
error and prevent recurrence. Therefore, we allowed DOE to resume 
shipment of INEEL waste not characterized by the WAGS. Information 
related to this action, including EPA's report of the preliminary 
inspection, has been placed in Air Docket A-98-49.
    We will conduct a separate inspection in accordance with Sec. 194.8 
to verify that this new waste characterization process is technically 
adequate and in compliance with Condition 3 of our WIPP Certification 
Decision (appendix A to 40 CFR part 194) and Sec. 194.24(c)(4). This 
inspection will occur in July 2001. Documents related to the WAGS 
system have been placed in Air Docket A-98-49, particularly: ``Waste 
Assay Gamma-Ray Spectrometer (WAGS) System Description, TPR-1561, Rev. 
1,'' and ``SWEPP Waste Assay Gamma Spectrometer (WAGS) System, TPR-
1654, Rev. 2.'' In accordance with Sec. 194.8 of the WIPP compliance 
criteria, we are providing the public 30 days to comment on the 
documents and on the proposed new 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, DC, and in the 
informational docket locations in New Mexico. A positive approval 
letter will allow INEEL to ship TRU waste characterized by the WAGS 
system. 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, DC, plus those 
documents added to the official Air Docket after the October 1992 
enactment of the WIPP LWA.

    Dated: July 9, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 01-17612 Filed 7-12-01; 8:45 am]
BILLING CODE 6560-50-P