[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Proposed Rules]
[Pages 2101-2105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-618]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL 7860-2]


Proposed Approval of Waste Characterization Activities at the 
Hanford Central Characterization 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, we, or Agency) is 
announcing, and soliciting public comment for 45 days on, EPA's 
proposed approval of the Hanford Central Characterization Project (CCP) 
to characterize retrievably-stored, contact-handled, transuranic (TRU) 
debris waste for disposal at the Waste Isolation Pilot Plant (WIPP). 
EPA is also proposing to designate any changes or expansions to this 
waste characterization approval as Tier 1, according to EPA's recently 
effective procedures for approval of WIPP waste generator sites. A Tier 
1 designation means that DOE must first obtain written approval from 
EPA prior to disposing of waste characterized using new or revised 
processes, equipment, or waste streams. The documents related to this 
proposed approval are available for review in the public dockets listed 
in SUPPLEMENTARY INFORMATION. In accordance with our 40 CFR 194.8(b) 
approval process, the EPA conducted an inspection of the Hanford CCP 
from September 8-12, 2003. The purpose of the inspection was to 
determine the technical adequacy of the CCP as implemented at Hanford 
for the characterization of transuranic waste from the Plutonium 
Finishing Plant (PFP) to be disposed of at the WIPP in New Mexico. 
During the EPA inspection, EPA evaluated several waste characterization 
(WC) activities used to characterize retrievably-stored, contact-
handled debris waste. EPA evaluated the equipment, procedures and 
personnel training/experience for acceptable knowledge (AK), 
nondestructive assay (NDA), nondestructive examination (NDE) and data 
transfer for the WIPP Waste Information System (WWIS).

DATES: EPA is requesting public comment on the documents. Comments must 
be received by EPA's official Air Docket on or before February 28, 
2005.

ADDRESSES: Comments may be submitted by mail to: EPA Docket

[[Page 2102]]

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-2004-0477. 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: Mr. Ed Feltcorn, Office of Radiation 
and Indoor Air, (202) 343-9422. 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-2004-0477. 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 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

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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-2004-0477. 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-2004-0477. 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, NW., Washington, DC 20460. 
Attention Docket ID No. OAR-2004-0477.
    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-
2004-0477. 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-2004-0477.

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.

II. Background

    DOE operates the WIPP near Carlsbad in southeastern New Mexico as a 
deep geologic repository for disposal of transuranic (TRU) radioactive 
waste. As defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub. 
L. 102-579), as amended (Pub. L. 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 in the United States 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 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 WC 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 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).
    In July 2004, EPA finalized changes to Sec.  194.8(b) of the WIPP 
Compliance Criteria that modified the approval process for waste 
characterization programs at TRU waste generator/storage sites. 
According to these changes, EPA's waste characterization approval 
process will follow these steps for newly approved sites:
     EPA will conduct a baseline inspection at a TRU waste 
generator/storage site in accordance with the Sec.  194.8 requirements 
and evaluate various waste characterization program components based on 
the site's demonstration of its capabilities.
     Following a baseline inspection, EPA will issue a Federal 
Register notice discussing the inspection results and a proposed 
``baseline compliance decision.'' The Federal Register notice will 
specify what subsequent WC program changes or expansion must undergo 
further EPA inspection or approval under section 194.24 by assigning 
``tiering'' designations to these activities.
     EPA will seek public comment on the proposed baseline 
compliance decision and place supporting documentation in the public 
dockets.
     After consideration of public comment, EPA will issue a 
final baseline compliance decision for a TRU waste site. Following this 
approval, EPA will continue to evaluate and approve, if necessary, 
changes to the approved WC program activities in accordance with the 
assigned tiering designations.
    Waste generator sites are permitted to initiate waste 
characterization activities at a site prior to EPA's inspection. EPA 
inspectors observe all major elements of the waste characterization 
process during the baseline inspection. However, the waste generator 
sites are not permitted to ship characterized waste to WIPP without 
EPA's written approval.
    Today's proposed baseline compliance decision for the Hanford CCP 
is the first action under the new approval process at 40 CFR 194.8(b). 
The Central Characterization Project was established by DOE to augment 
the ability of TRU waste sites to characterize and certify waste in 
accordance with EPA's WIPP Compliance Criteria. Because the CCP is 
essentially a mobile waste characterization facility, EPA treats CCP at 
Hanford (as we have with the CCP at other waste generator sites) as a 
separate WC program from the main Hanford site. Therefore, the Hanford 
CCP must meet all of the waste characterization and quality assurance 
requirements of the WIPP Compliance Criteria.
    EPA conducted the inspection of the Hanford CCP from September 8-
12, 2003. The purpose of the inspection was to determine the technical 
adequacy of the Hanford CCP to characterize TRU debris waste from the 
Plutonium Finishing Plant using acceptable knowledge (AK), 
nondestructive assay (NDA), nondestructive examination (NDE), and data 
transfer to the WIPP

[[Page 2104]]

Waste Information System (WWIS). EPA inspectors observed testing of 
debris waste drums to measure radiological contents using the Mobile 
Segmented Gamma Scanner (SGS). As part of NDE, EPA inspectors also 
observed the examination of the physical content of debris waste drums 
using real-time radiography (RTR). (Visual examination was not 
evaluated as part of this inspection. Visual examination of these 
contact-handled TRU debris containers was performed using the Hanford 
main site's approved processes.) EPA's inspection identified several 
findings of non-conformance and concerns that prevented EPA from 
issuing an approval for the Hanford CCP. While DOE worked to resolve 
EPA's inspection findings, the Hanford CCP facility continued to 
characterize waste but did not ship any waste to WIPP. In fact, all of 
the Hanford CCP waste for which DOE is seeking approval, is currently 
characterized and awaiting EPA's approval for shipment.
    In 2004, DOE was able to demonstrate adequate resolution of the 
inspection findings and concerns to EPA.
    Between the time when EPA conducted the inspection and the time 
when the inspection findings were resolved, EPA's changes to the waste 
characterization approval process became effective (October 14, 2004). 
Under the newly revised 40 CFR 194.8(b), EPA is proposing to approve 
the disposal of retrievable-stored, contact-handled, TRU debris waste, 
characterized by the Hanford CCP at the WIPP using AK, NDA using the 
Mobile Segmented Gamma Scanner (SGS), NDE using real-time radiography 
(RTR). (Visual examination was not evaluated as part of this 
inspection. Visual examination of these contact-handled TRU debris 
containers was performed using the Hanford main site's approved 
processes.) EPA's inspection report is available from our docket and 
online. The inspection report describes what we inspected, what we 
determined to be technically adequate, what we identified as 
deficiencies and the corrective action that was required for EPA's 
proposed approval. In addition, the inspection report explains the 
basis for the tiering requirement and the subsequent reporting 
requirements.
    EPA is proposing a Tier 1 designation for any changes to the 
approved Hanford CCP waste characterization activities. This means that 
DOE must obtain written approval from EPA prior to using any new or 
revised processes, equipment, or waste streams.
    When EPA finalized the changes to the Compliance Criteria, EPA 
indicated that ``the first approvals conducted under the new process 
are likely to be highly detailed and very intensive, since EPA will 
need to work with DOE and stakeholders to ensure that the full range of 
waste characterization activities is identified and placed in 
appropriate reporting/approval tiers.'' We envisioned that this scheme, 
applied at a typical DOE waste generator site, would address a variety 
of possible program changes or expansions as clean-up operations 
progressed or more sophisticated techniques were developed. In such a 
case, various tiering levels would be necessary to address the relative 
significance of potential program changes. The Hanford CCP, however, is 
not typical of the situation we would expect for most approvals. As 
noted previously, Hanford CCP has already completed its intended waste 
characterization activities. All characterization was accomplished 
using exclusively the equipment and procedures described in our 
proposed approval, and was applied solely to the PFP debris waste 
stream. Because CCP operations at Hanford have concluded, we do not 
expect any changes or expansions to its waste characterization program. 
Therefore, for efficiency and simplicity, we are categorizing any and 
all changes as Tier 1. We believe this approach is simple and 
expedient, given that changes are not expected. Furthermore, this is 
appropriate given that any changes, if they did occur, would require 
re-deployment of the CCP at Hanford and warrant a high level of 
scrutiny. We emphasize that EPA does not believe that the Hanford CCP 
baseline compliance decision is typical of the inspections and 
approvals that will be done in the future under the new requirements of 
40 CFR 194.8(b).
    In summary, through this Federal Register notice, EPA is notifying 
the public that EPA is proposing to approve the Hanford CCP to 
characterize retrievably-stored, contact-handled, TRU debris waste from 
PFP for disposal at WIPP using AK; NDA using the Mobile Segmented Gamma 
Scanner (SGS); NDE using real-time radiography (RTR). (Visual 
examination was not evaluated as part of this inspection. Visual 
examination of these contact-handled TRU debris containers was 
performed using the Hanford main site's approved processes.) EPA is 
also proposing a Tier 1 designation for any and all changes or 
expansions to this approval. Additional EPA approval is required prior 
to applying approved processes and equipment to new waste streams, and 
prior to the use of new equipment or procedures to the approved waste 
stream.

                     Summary of Hanford CCP Approval
------------------------------------------------------------------------
 Waste characterization element    PFP debris waste     PFP solid waste
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AK..............................  Approved..........  Not approved.
NDA.............................  Approved--SGS.....  Not approved.
NDE.............................  Approved--RTR.....  Not approved.
                                  Approved--VE*.....  Not approved.
WWIS............................  Approved..........  Not approved.
Load Management.................  Not approved......  Not approved.
------------------------------------------------------------------------
* Approved process for main Hanford site.


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    Following a review and evaluation of public comments, EPA will 
finalize the proposed baseline compliance decision for the Hanford CCP. 
EPA will notify DOE of our final decision via letter and post the final 
decision on our Web site.

    Dated: January 4, 2005.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.
[FR Doc. 05-618 Filed 1-11-05; 8:45 am]
BILLING CODE 6560-50-P