[Federal Register Volume 68, Number 107 (Wednesday, June 4, 2003)]
[Proposed Rules]
[Pages 33429-33431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14186]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7507-5]


Waste Characterization Program Documents Applicable to 
Transuranic Radioactive Waste From the Hanford Site for Disposal at the 
Waste Isolation Pilot Plant

AGENCY: Environmental Protection Agency.

[[Page 33430]]


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 Hanford site proposed for 
disposal at the Waste Isolation Pilot Plant (WIPP). The documents (Item 
II-A2-44, 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 Hanford 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 
16, 2003.

DATES: EPA is requesting public comment on the documents. Comments must 
be received by EPA's official Air Docket on or before July 7, 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, 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 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 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) 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 Hanford's technical program for 
waste characterization in accordance with Condition 3 of the WIPP 
certification. We will evaluate the adequacy, implementation, and 
effectiveness of the applicable technical activities related to the 
Hanford TRU waste characterization program. We will confirm the 
continued adequacy of waste characterization processes at Hanford for 
(a) retrievably-stored, contact-handled debris at the Waste Receiving 
and Processing (WRAP) facility, and (b) homogeneous solids 
characterized at the Plutonium Finishing Plant (PFP) approved 
previously by EPA. These include: (1) Segmented Gamma Scanning Assay 
System at the Plutonium Finishing Plant for characterizing debris and 
solids; (2) Gamma Energy Assay (GEA) System Units A and B at the Waste 
Receiving and Processing (WRAP) facility used for characterizing 
retrievably-stored CH-debris waste; (3) visual examination at WRAP and 
PFP; and (4) other processes (such as acceptable knowledge, 
radiography, visual examination, data verification & validation). Also, 
we will evaluate capabilities of the following new equipment to 
characterize debris and solids, as applicable: (1) SGSAS at PFP Room 
172; (2) seven calorimeters at PFP; (3) two Integrated Passive and 
Active Neutron (IPAN) systems at WRAP; and (4) visual examination 
technique at WRAP. The inspection is scheduled to take place the week 
of June 16, 2003.
    EPA has placed DOE documents pertinent to the inspection in the 
public docket described in ADDRESSES. These include: (1) Hanford Site 
Transuranic Waste Certification Plan, HNF2600, Rev. 10, May 2003 and 
(2) Hanford Site Transuranic Waste Characterization Quality Assurance 
Project Plan, HNF 2599, Draft Rev. 9, May 2003. The documents are 
included in item II-A2-44 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 Hanford 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 characterized by the 
approved processes from Hanford 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

[[Page 33431]]

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 30, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 03-14186 Filed 6-3-03; 8:45 am]
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