[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Proposed Rules]
[Pages 4977-4978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2343]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7446-3]


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 February 10, 2003, at the 
Argonne National Laboratory--East (ANL-E). With this notice, 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. 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 March 3, 2003.

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, N.W., 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. 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: 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 Web site 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 (Pub. L. 102-
579), as amended (Pub. L. 104-201), transuranic (TRU) waste consists of 
materials containing elements having atomic numbers greater

[[Page 4978]]

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 Sec. Sec.  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 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 homogeneous solid waste at the WIPP. We also will 
evaluate DOE's corrective action(s) responding to the EPA finding 
(identified during the September 2002 inspection) related to the 
implementation of a procedure to compile acceptable knowledge. This 
finding resulted in the denial of DOE's request for approving the CCP-
characterized TRU debris waste at ANL. Therefore, until EPA is 
satisfied with the corrective action taken to resolve this finding ANL-
E cannot ship TRU debris waste for disposal at 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 February 10, 2003.
    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: January 24, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 03-2343 Filed 1-30-03; 8:45 am]
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