[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53659-53663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17926]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7965-3]


Proposed Approval of Central Characterization Project's 
Transuranic Waste Characterization Program at Idaho National Laboratory

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 on the proposed 
approval of the transuranic (TRU) radioactive waste characterization 
program implemented by the Central Characterization Project (CCP) at 
Idaho National Laboratory (INL). INL CCP is characterizing waste from 
the Advanced Mixed Waste Treatment Project (AMWTP) and the Idaho 
Closure Project (ICP),

[[Page 53660]]

respectively, for disposal at the Department of Energy's (DOE) Waste 
Isolation Pilot Plant (WIPP).
    In accordance with the EPA's WIPP Compliance Criteria, EPA 
inspected the INL CCP's characterization of TRU debris waste, solid 
waste and soil/gravel waste from May 3-5, 2005. EPA's inspection team 
determined that the INL CCP waste characterization program was 
technically adequate, and therefore, EPA is proposing to approve the 
INL CCP waste characterization program in the configuration observed 
during the inspection and as described in EPA's inspection report. In 
addition to proposing the approval of the INL CCP waste 
characterization program, EPA is proposing a tiered structure for 
reporting changes to the waste characterization program demonstrated by 
INL CCP. The results of the EPA's evaluation of the INL CCP program and 
the proposed approval are described in the EPA's inspection report 
which is available for review in the public dockets listed in 
ADDRESSES. We will consider public comments received on or before the 
due date mentioned in DATES.
    This notice summarizes the waste characterization processes EPA 
evaluated and EPA's proposed approval. As required by the 40 CFR 194.8, 
at the end of a 45-day comment period EPA will evaluate public 
comments, address relevant public comments in the final inspection 
report, and issue the final report and an approval letter to the DOE 
Carlsbad Field Office (CBFO). INL CCP is currently authorized to 
characterize TRU waste, however, INL CCP waste is not eligible for 
disposal at WIPP until EPA issues an approval letter to DOE.

DATES: EPA is requesting public comment on the docketed document. 
Comments must be received by EPA's official Air Docket on or before 
October 24, 2005.

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-2005-0162. 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: Rajani Joglekar, Office of Radiation 
and Indoor Air, (202) 343-9462. 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-2005-0162. 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 any 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

[[Page 53661]]

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 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-
2005-0162. 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-2005-0162. 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-2005-0162.
    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-
2005-0162. 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-2005-0162.

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 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), TRU waste consists of materials 
containing processes 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. WIPP began receiving shipments of TRU radioactive waste in March 
1999.
    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 Laboratories (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) 
with limited exceptions, 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), LANL 
or any other site may not ship TRU waste for disposal at WIPP. The 
EPA's approval process for waste generator sites is described in Sec.  
194.8.
    In July 2004, EPA promulgated changes to the ``Criteria for the 
Certification and Recertification of the Waste Isolation Pilot Plant's 
Compliance with Disposal Regulations' (69 FR 42571-42583, July 16, 
2004). Some of these changes modified EPA's approval of waste 
characterization (WC) programs at DOE's TRU waste sites. EPA will now 
conduct baseline inspections for each waste generator site that is 
characterizing contact-handled (CH) TRU waste. During a baseline 
inspection EPA evaluates a waste characterization program by sampling 
the equipment, procedures and personnel training, qualifications and 
experience that are involved in several WC processes. EPA will then 
propose to approve a site's TRU waste characterization program based on 
the waste characterization ability demonstrated during the inspection. 
As a part of the approval,

[[Page 53662]]

EPA will also specify how changes to an approved WC program must be 
reported to EPA. EPA will designate changes to an approved waste 
characterization program as Tier 1 (T1) or Tier 2 (T2) depending on 
their potential impact on data quality. A T1 designation requires DOE 
to notify EPA of proposed changes to an approved WC program prior to 
implementing the change. EPA may choose to inspect a site before 
approving changes. A T2 designation allows DOE to implement changes to 
an approved WC process component without EPA approval, however, DOE is 
required to notify EPA of such changes. EPA may continue to conduct 
inspections at any time to evaluate waste characterization programs at 
the approved sites under the authority of Sec.  194.24(h).
    The new site inspection and approval process requires EPA to issue 
a Federal Register notice proposing the baseline compliance decision, 
docket the inspection report for public review, and seek public comment 
on the proposed decision for a period of 45 days.

III. Proposed Baseline Compliance Decision

    The CBFO Quality Assurance (QA) Manager sent an e-mail March 14, 
2005, notifying EPA that INL-CCP was prepared to ship waste and wants 
to demonstrate to EPA its ability to properly characterize TRU waste 
and meet regulatory requirements. EPA performed a baseline inspection 
(EPA Inspection No. EPA-INL-CCP-05.05-8) of the TRU waste 
characterization activities of the DOE's Central Characterization 
Project (CCP) at the Idaho National Laboratory (INL) from May 3-5, 
2005. The CCP is a mobile characterization program that assists TRU 
waste generator sites with waste characterization activities. 
Regardless of the CCP location, EPA evaluates and approves all sites 
that utilize the CCP as an independent waste characterization site. At 
INL, the CCP is characterizing waste from the Advanced Mixed Waste 
Treatment Project (AMWTP) and the Idaho Closure Project (ICP).
    The purpose of EPA's inspection of INL CCP was to evaluate the 
adequacy of the sites's WC programs for the contact-handled (CH) TRU 
waste intended to be disposed at WIPP. EPA's inspection focused on 
equipment, procedures and personnel training/qualifications and 
experience for the following waste characterization processes: 
acceptable knowledge (AK), non-destructive assay (NDA), visual 
examination technique (VET) for newly-generated waste, visual 
examination/real-time radiography (VE/RTR) of retrievably-stored waste, 
load management, and the WIPP Waste Information System (WWIS). The 
activities examined during the inspection included:

--AK and load management for the AMWTP's CH, retrievably-stored, TRU 
debris waste and solid waste.
--VET for CH, newly-generated, debris waste, solid waste and soil/
gravel waste from ICP, Pit 4.
--VE/RTR for the AMWTP's CH, retrievably-stored, debris waste and solid 
waste.
--NDA and the WWIS for CH, retrievably-stored, and newly-generated, 
debris waste, solid waste, and soil/gravel waste from AMWTP and ICP, 
Pit 4.

    In addition to reviewing individual components (procedures and 
equipment) of each of the WC processes, EPA interviewed and reviewed 
training records of the personnel responsible for compiling data, 
analyzing waste contents, operating equipment, and preparing data for 
WWIS tracking.
    EPA also required radioassay replicate analysis on containers from 
the five waste categories that INL CCP is currently characterizing. The 
purpose of the replicate testing is to enable EPA to verify that the 
radioassay equipment being assessed for approval can provide 
consistent, reproducible results for determining the quantity of each 
of the 10 WIPP-tracked radionuclides (241Am, 137Cs, 238Pu, 239Pu, 
240Pu, 242Pu, 90Sr, 233U, 234U, and 238U) and the TRU alpha 
concentration.
    At the time of the inspection, EPA identified no findings and two 
(2) concerns for the INL CCP waste characterization program. At the end 
of the inspection EPA gave DOE a written description of the concerns. 
Prior to the end of the inspection, DOE responded to EPA's concerns. 
EPA evaluated DOE's response for completeness and adequacy, and 
concluded that the corrective actions taken by DOE adequately resolved 
EPA's concerns. The details of EPA's findings and concerns from the INL 
CCP inspection can be found in the inspection report.
    Based on the results of the inspection discussed in EPA's report, 
EPA is proposing to approve the INL CCP waste characterization program 
in the configuration observed during this inspection. This includes the 
following:
    (1) AK and load management process for CH retrievable-stored, TRU 
debris and solid waste stored at AMWTP.
    (2) Three non-destructive assay systems (Tomographic Gamma Scanner, 
Waste Assay Gamma Spectrometer, SWEPP Gamma-Ray Spectrometer) for 
assaying CH TRU solid, soil/gravel, and debris waste.
    (3) VE as a quality control check of the RTR process and RTR of CH 
retrievably-stored, solid and debris waste.
    (4) VET process for newly-generated debris, solid, and soil/gravel 
waste.
    (5) WWIS process for tracking of waste contents of debris, solid, 
and soil/gravel waste.

EPA proposes to approve CCP's TRU waste characterization processes 
listed above. This approval does not cover remote-handled TRU waste.
    Any changes to the waste characterization program from the baseline 
inspection must be reported to, and, if applicable, approved by EPA 
according to the following table. Additional details for the tiering 
designation can be found in EPA's inspection report.

    Tiering of TRU Waste Characteristics Processes Implemented by CCP at INL (Based on May 3-5, 2005 Baseline
                                                   Inspection)
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                                          INL-CCP WC process       INL-CCP WC process       INL-CCP general T2
         WC process elements             specific T1 changes     specific T2 changes *          changes *
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AK including load management.........  Any new waste category.  Updates or additions to  Changes to site
                                       Changes to WWIS           Waste Stream Profile     procedures requiring
                                        algorithms specific to   Forms for waste          CBFO approvals.
                                        load management.         stream(s) within an     Changes in key areas of
                                                                 approved waste           expertise.
                                                                 category.
                                                                Changes to load
                                                                 management status of
                                                                 approved waste
                                                                 stream(s).

[[Page 53663]]

 
NDA..................................  New equipment of         Changes to software for  Same as above.
                                        physical modifications   approved equipment.
                                        to approved equipment.  Changes to operating
                                       Changes to approved       range(s) upon CBFO
                                        calibration range for    approval.
                                        approved equipment.
RTR..................................  N/A....................  New equipment or         Same as above.
                                                                 changes to approved
                                                                 equipment.
VE and VET...........................  N/A....................  N/A....................  Same as above.
WWIS.................................  N/A....................  N/A....................  Same as above.
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* Upon receiving EPA approval, every three (3) months INL-CCP will report to EPA all T2 changes.

Availability of the Baseline Inspection Report for Public Comment

    EPA is seeking public comment on our proposed approval of the INL 
CCP waste characterization program and the proposed tiering structure 
for changes to the INL CCP waste characterization program. EPA's 
inspection report of INL CCP's waste characterization program is in the 
public dockets described in ADDRESSES. This report can also be found 
online in EDOCKET ID No. OAR-2005-0162 and at our Web site at http://www.epa.gov/radiation/wipp. In accordance with 40 CFR 194.8, EPA is 
providing the public 45 days to comment on EPA's proposed approval and 
inspection report.
    EPA will evaluate public comments and revise the inspection report 
as necessary. If appropriate, EPA will then issue a final inspection 
report and a letter to DOE approving the INL CCP waste characterization 
program for disposal of TRU waste at WIPP. Any approval letter and 
final inspection report will be available from the DOCKETS and from our 
WIPP Web site. EPA will not make a determination regarding the approval 
of the INL CCP waste characterization program before the end of the 45-
day comment period ends.

    Dated: August 3, 2005.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 05-17926 Filed 9-8-05; 8:45 am]
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