[Federal Register Volume 68, Number 155 (Tuesday, August 12, 2003)]
[Proposed Rules]
[Pages 47887-47890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20525]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7543-1]


Waste Characterization Program Documents Applicable to 
Transuranic Radioactive Waste From the Idaho National Engineering and 
Environmental Laboratory Advanced Mixed Waste Treatment Project 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 August 18, 2003, at the Idaho 
National Engineering and Environmental Laboratory (INEEL) Advanced 
Mixed Waste Treatment Project (AMWTP). With this notice, we

[[Page 47888]]

also announce availability of Department of Energy (DOE) documents in 
the EPA Docket, and solicit public comments on these documents for a 
period of 30 days. The following DOE documents, entitled ``INEEL 
Advanced Mixed Waste Treatment Project Certification Plan for Contact-
Handled Transuranic Waste, MP-TRUW-8.1, Revision 2A'' and ``INEEL 
Advanced Mixed Waste Treatment Project Quality Assurance Project Plan, 
MP-TRUW-8.2, Revision 2,'' are available for public review in the 
public dockets listed in ADDRESSES. EPA will conduct an inspection of 
waste characterization systems and processes at INEEL/AMWTP to verify 
that the site can characterize transuranic waste in accordance with 
EPA's WIPP 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 11, 
2003.

ADDRESSES: Comments may be submitted by mail to: EPA Docket Center 
(EPA/DC), Air and Radiation Docket, Environmental Protection Agency, 
EPA West, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460. Attention Docket ID No. OAR-2003-0177. Comments may also be 
submitted electronically, by facsimile, or through hand delivery/
courier. Follow the detailed instructions as provided in Unit I.B of 
the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Ms. Rajani 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: 

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OAR-2003-0177. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA 
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Public Reading Room is (202) 566-1744, and the telephone number 
for the Air and Radiation Docket is (202) 566-1742. These documents are 
also available for review in paper form at 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.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments. However, late 
comments may be considered if time permits.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact

[[Page 47889]]

information in the body of your comment. Also include this contact 
information on the outside of any disk or CD ROM you submit, and in any 
cover letter accompanying the disk or CD ROM. This ensures that you can 
be identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. OAR-
2003-0177. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. OAR-2003-0177. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    2. By Mail. Send your comments to: EPA Docket Center (EPA/DC), Air 
and Radiation Docket, Environmental Protection Agency, EPA West, Mail 
Code 6102T, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460. 
Attention Docket ID No. OAR-2003-0177.
    3. By Hand Delivery or Courier. Deliver your comments to: Air and 
Radiation Docket, EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC, Attention Docket ID No. OAR-
2003-0177. Such deliveries are only accepted during the Docket's normal 
hours of operation as identified in Unit I.A.1.
    4. By Facsimile. Fax your comments to: (202) 566-1741, Attention 
Docket ID. No. OAR-2003-0177.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

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. No. 102-
579), as amended (Pub. L. No. 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, D.C., and informational dockets in the State of 
New Mexico for public review and comment.
    EPA will perform an inspection of the Idaho National Engineering 
and Environmental Laboratory (INEEL) Advanced Mixed Waste Treatment 
Project (AMWTP)'s technical program for waste characterization in 
accordance with Condition 3 of the WIPP certification. We will evaluate 
the adequacy, implementation, and effectiveness of technical and 
quality assurance (QA) processes related to the AMWTP's TRU waste 
characterization and certification activities. The elements of 40 CFR 
194.8 waste characterization to be inspected are: (1) acceptable 
knowledge (AK), real-time radiography (RTR), nondestructive assay 
(NDA), and visual examination (VE) for the purpose of confirming RTR 
accuracy processes used to characterize CH TRU solid waste (S3000), 
and; (2) AK, RTR, and NDA, and VE (solely for the purpose of verifying 
the contents of newly-generated or repackaged waste) for characterizing 
debris waste (S5000) drums.
    EPA will not inspect VE for confirmation of RTR of debris waste. 
Also, the Agency intends to conduct an initial inspection to verify the 
proper execution of the AMWTP QA Program, as required under Sec.  
194.8(a)(2). EPA requires the AMWTP to adhere to a QA Program that 
invokes the following QA standards: (1) ASME NQA-1-1989 edition; (2) 
ASME NQA-2a-1990

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Addenda, Part 2.7, to ASME NQA-2-1989 edition; and (3) ASME NQA-3-1989 
edition (excluding Section 2.1(b) and (c) and Section 17.1). The Agency 
will verify that the AMWTP established these NQA standards in their QA 
Plan. The inspection is scheduled to take place the week of August 18, 
2003.
    EPA has placed DOE documents pertinent to the inspection in the 
public docket described in ADDRESSES. These include: (1) INEEL Advanced 
Mixed Waste Treatment Project Certification Plan for Contact-Handled 
Transuranic Waste, MP-TRUW-8.1, Revision 2A, and (2) INEEL Advanced 
Mixed Waste Treatment Project Quality Assurance Project Plan, MP-TRUW-
8.2, Revision 2. The documents are included in item II-A2-46 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 INEEL/AMWTP 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 INEEL/AMWTP 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 5, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 03-20525 Filed 8-11-03; 8:45 am]
BILLING CODE 6560-50-P