[Federal Register Volume 67, Number 158 (Thursday, August 15, 2002)]
[Proposed Rules]
[Pages 53330-53331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20864]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7260-3]


Central Characterization Project Waste Characterization Program 
Documents Applicable to Transuranic Radioactive Waste From the Argonne 
National Laboratory-East Site 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 an inspection for the week of September 9, 2002, at the 
Argonne National Laboratory-East (ANL-E). With this document, we also 
announce availability of Department of Energy (DOE) documents in the 
EPA Docket, and solicit public comments on the documents available in 
the docket for a period of 30 days. The following DOE documents, 
entitled ``CCP-PO-001--Revision 4, 5/31/02--CCP Transuranic Waste 
Characterization Quality Assurance Project Plan'' and ``CCP-PO-002--
Revision 4, 5/17/02--CCP Transuranic Waste Certification Plan,'' are 
available for review in the public dockets listed in ADDRESSES. We will 
consider public comments received on or before the due date mentioned 
in DATES. In accordance with EPA's WIPP Compliance Criteria, we will 
conduct an inspection at ANL-E to verify that, using the systems and 
processes developed as part of the DOE Carlsbad Office's central 
characterization project (CCP), DOE can characterize TRU waste at ANL-E 
properly, consistent with the Compliance Criteria.

DATES: EPA is requesting public comment on the documents. Comments must 
be received by EPA's official Air Docket on or before September 16, 
2002.

ADDRESSES: Comments should be submitted to: EPA Docket Center (EPA/DC), 
Air and Radiation Docket, Docket No. A-98-49, EPA West, Mail Code 
6102T, 1200 Pennsylvania Avenue, NW., 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 am-9 
pm, Friday-Saturday, 10 am-6 pm, and Sunday 1 pm-5 pm; 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 am-5 pm.
    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: Ms. Rajani D. Joglekar, Office of 
Radiation and Indoor Air, (202) 564-7734. 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 operating 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), transuranic (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 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). The EPA's approval process for 
waste generator sites is described in Sec. 194.8. As part of EPA's 
decision-making process, the 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 TRU waste characterization 
activities

[[Page 53331]]

performed by the DOE's Central Characterization Project (CCP) staff at 
the Argonne National Laboratory-East (ANL-E) in accordance with 
Condition 3 of the WIPP certification. We will evaluate the adequacy, 
implementation, and effectiveness of the CCP technical activities 
contracted by the ANL-E for characterization of the disposal of 
retrievably-stored debris waste at the WIPP. The overall program 
adequacy and effectiveness of CCP/ANL-E documents will be based on the 
following DOE-provided documents: (1) CCP-PO-001--Revision 4, 5/31/02--
CCP Transuranic Waste Characterization Quality Assurance Project Plan 
and (2) CCP-PO-002--Revision 4, 5/17/02--CCP Transuranic Waste 
Certification Plan. EPA has placed these DOE-provided documents 
pertinent to the ANL-E inspection in the public docket described in 
ADDRESSES. The documents are included in item II-A2-40 in Docket A-98-
49. In accordance with 40 CFR 194.8, EPA is providing the public 30 
days to comment on these documents. The inspection is scheduled to take 
place the week of September 9, 2002.
    EPA will inspect the following technical elements for 
characterizing retrievably-stored TRU debris and solid waste: data 
validation and verification, acceptable knowledge, nondestructive assay 
(NDA-WIT and APNEA), Digital Radiography/Computed Tomography, visual 
examination, and data tracking and reporting via the WIPP Waste 
Information System.
    If EPA determines as a result of the inspection that the proposed 
CCP waste characterization processes and programs used at ANL-E 
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 transuranic waste 
from ANL-E to the WIPP. 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 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: August 9, 2002.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 02-20864 Filed 8-14-02; 8:45 am]
BILLING CODE 6560-50-P