[Federal Register Volume 67, Number 158 (Thursday, August 15, 2002)]
[Proposed Rules]
[Pages 53331-53332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20865]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7260-4]


Waste Characterization Program Documents Applicable to 
Transuranic Radioactive Waste From the Los Alamos National Laboratory 
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 Los Alamos National 
Laboratory (LANL) proposed for disposal at the Waste Isolation Pilot 
Plant (WIPP). The documents (Item II-A2-41, Docket A-98-49) are 
available for review in the public dockets listed in ADDRESSES. EPA 
will conduct an inspection of waste characterization systems and 
processes at LANL 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 August 26, 2002.

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: 202-566-1741; e-mail: [email protected]).

FOR FURTHER INFORMATION CONTACT: Mr. 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 (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, 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), or of additional waste 
streams at LANL other than those approved by the certification, 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, or of additional waste streams at LANL other than those 
approved by the certification, until the EPA has approved the 
procedures developed to

[[Page 53332]]

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 LANL's technical program for 
waste characterization in accordance with Condition 3 of the WIPP 
certification. Specifically, we will be examining a new piece of Non-
Destructive Assay (NDA) equipment, the Portable Tomographic Gamma 
Scanner (P-TGS), for characterizing debris and homogeneous solid waste. 
In addition, we will inspect two new Visual Examination (VE) techniques 
applied to newly generated debris waste and packaging of sealed 
sources. The inspection is scheduled to take place the week of August 
26, 2002.
    EPA has placed a number of DOE-submitted documents pertinent to the 
inspection in the public docket described in ADDRESSES. These documents 
describe the specific requirements for the new equipment, systems, and 
processes that are being proposed for the LANL inspection. The 
documents are listed as Item II-A2-41 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 
processes and programs at LANL 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 LANL 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,
Assistant Administrator for Air and Radiation.
[FR Doc. 02-20865 Filed 8-14-02; 8:45 am]
BILLING CODE 6560-50-P