[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Proposed Rules]
[Pages 35471-35472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12684]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7214-1]
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 (Item II-A2-39, Docket 
A-98-49) are available for review in the public dockets listed in 
ADDRESSES. EPA will conduct an inspection of waste streams, 
characterization systems and processes at RFETS to verify that the site 
can characterize transuranic waste in accordance with EPA's WIPP 
compliance criteria. EPA will perform this inspection the week of June 
3, 2002.

DATES: EPA is requesting public comment on the documents. Comments must 
be received by EPA's official Air Docket on or before June 19, 2002.

ADDRESSES: Comments should be submitted to: Docket No. A-98-49, Air 
Docket, Room M-1500, U.S. Environmental Protection Agency, 401 M 
Street, SW, Mail Code 6102, 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 a.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. Air Docket A-98-49 in Washington, DC, accepts comments 
sent electronically or by fax (fax: 202-260-4400; e-mail: [email protected]).

FOR FURTHER INFORMATION CONTACT: Ed Feltcorn, Office of Radiation and 
Indoor Air, (202) 564-9422. You can also call EPA's toll-free WIPP 
Information Line, 1-800-331-WIPP or visit our website at http://www.epa/gov/radiation/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. 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. 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 Laboratories (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) 
(with the exception of specific, limited waste streams and equipment at 
LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or 
any other site) until 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, 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 will perform an inspection of the waste characterization 
systems and processes for TRU waste at RFETS in accordance with 
Conditions 2 and 3 of the WIPP certification. Specifically, we will be 
inspecting new equipment--a mobile real-time radiography unit and the 
Multi Purpose Crate Counter for gamma and neutron analysis. We will 
also evaluate acceptable knowledge (AK) and batch data reports for 
newly generated waste. The inspection is scheduled to take place the 
week of June 3, 2002.
    EPA has placed a number of documents pertinent to the inspection in 
the public docket described in ADDRESSES. The documents are listed as 
Item II-A2-39 in Docket A-98-49. 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 
waste streams, processes, systems, and equipment 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 DOE to ship TRU waste to WIPP 
using the approved characterization 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

[[Page 35472]]

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: May 14, 2002.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 02-12684 Filed 5-17-02; 8:45 am]
BILLING CODE 6560-50-P