[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Notices]
[Pages 13592-13596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3813]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0094; FRL-8045-6]


Proposed Approval of Central Characterization Project's 
Transuranic Waste Characterization Program at the Savannah River Site

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 the availability of, and soliciting public comments for 45 
days on, the proposed approval of the waste characterization program 
implemented by the Central Characterization Project (``CCP'') to 
characterize transuranic (``TRU'') radioactive waste at the Savannah 
River Site (SRS) proposed for disposal at the Waste Isolation Pilot 
Plant (``WIPP''). In accordance with the WIPP Compliance Criteria, EPA 
evaluated the CCP's characterization of TRU debris waste and soils/
gravel from SRS during an inspection conducted October 31-November 3, 
2005. Using the systems and processes developed as part of the 
Department of Energy's (``DOE's'') Carlsbad Field Office (``CBFO'') 
CCP, EPA verified whether DOE could adequately characterize TRU waste 
consistent with the Compliance Criteria. The results of EPA's 
evaluation of the SRS CCP program and the proposed approval are 
described in 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, the ``tier'' EPA assigned to each waste characterization 
process component, and the TRU waste categories proposed for approval. 
As required by the 40 CFR 194.8 changes promulgated in July 2004, at 
the end of a 45-day comment period EPA will evaluate public comments 
received, finalize the report responding to the relevant public 
comments, and issue the final report and an approval letter to DOE's 
Carlsbad Field Office. Waste that is characterized by the SRS CCP is 
not eligible for disposal at WIPP until EPA formally grants its 
approval.

DATES: Comments must be received on or before May 1, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0094, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: to [email protected].
     Fax: 202-566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2006-0094. The Agency's policy is that all comments received will 
be included in the public docket without change and may be made 
available online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information

[[Page 13593]]

about EPA's public docket visit the EPA Docket Center homepage at 
http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy 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 hard-copy form 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., phone number: 505-
885-0731; in Albuquerque at the Government Publications Department, 
Zimmerman Library, University of New Mexico, Hours: Vary by semester, 
phone number: 505-277-2003; and in Santa Fe at the New Mexico State 
Library, Hours: Monday-Friday, 9 a.m.-5 p.m., phone number: 505-476-
9700. 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.

FOR FURTHER INFORMATION CONTACT: Rajani Joglekar, Radiation Protection 
Division, Center for Federal Regulations, Mail Code 6608J, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, 
DC 20460; telephone number: 202-343-9601; fax number: 202-343-2305; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. 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. 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.
    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 the exception of specific, limited waste streams and equipment at 
LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or 
any other site) 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). 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). These changes went into effect October 14, 2004, which modified 
the EPA approval of waste characterization (``WC'') programs at DOE's 
TRU waste sites. These revisions provide equivalent or improved 
oversight and better prioritization of technical issues in EPA 
inspections to evaluate WC activities at DOE WIPP waste generator 
sites, and also offer more direct public input into the Agency's 
decisions about what waste can be disposed of at WIPP. They do not 
modify the technical approach that EPA has employed since the 1998 WIPP 
Certification Decision.
    Condition 3 of the WIPP Certification Decision requires that EPA 
conduct independent inspections at DOE's waste generator/storage sites 
of their TRU waste characterization capabilities before approving their 
program and the waste for disposal at the WIPP. The revised inspection 
and approval process gives EPA greater (a) discretion in establishing 
technical priorities, (b) ability to accommodate variation in the 
site's waste characterization capabilities, and (c) flexibility in 
scheduling site WC inspections. The Sec.  194.8 changes require that 
EPA conduct a baseline inspection at every previously approved TRU site 
(such as SRS CCP). EPA expects that within two years after the 
effective date of October 2004 most of the previously approved TRU 
sites (such as Hanford, Los Alamos

[[Page 13594]]

CCP, and Savannah River Site CCP) will undergo EPA baseline 
inspections. Following these inspections, the Agency will issue a new 
baseline compliance decision for these sites.
    As part of the baseline inspection, EPA must evaluate each WC 
process component (equipment, procedures, and personnel training/
experience) for its adequacy and appropriateness in characterizing TRU 
waste destined for the disposal at WIPP. During the inspection, the 
site demonstrates its capabilities to characterize TRU waste(s) and its 
ability to comply with the regulatory limits and tracking requirements 
under Sec.  194.24. The baseline inspection can result in approval with 
limitations/conditions or may require follow-up inspection(s) before 
approval. The approval must specify what subsequent WC program changes 
or expansion should be reported to EPA. The Agency is required to 
assign Tier 1 (``TI'') and Tier 2 (``T2'') to the reportable changes 
depending on their potential impact on data quality. A T1 designation 
requires that the site must notify EPA of proposed changes to the 
approved components of an individual WC process (such as radioassay 
equipment or personnel), and EPA must also approve the change before it 
can be implemented. A WC element with a T2 designation allows the site 
to implement changes to the approved components of individual WC 
processes (such as visual examination procedures) but requires EPA 
notification. The Agency may choose to inspect the site to evaluate 
technical adequacy before approval. EPA inspections conducted to 
evaluate T1 or T2 changes are follow-up inspections under the authority 
of Sec.  194.24(h). In addition to the follow-up inspections, if 
warranted, EPA may opt to conduct continued compliance inspections at 
TRU waste sites with a baseline approval under the authority of Sec.  
194.24(h).
    The revisions to the site inspection and approval process outlined 
in Sec.  194.8 require 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. The report must describe the WC processes EPA 
inspected at the site, as well as their compliance with Sec.  194.24 
requirements.

III. Proposed Baseline Compliance Decision

    From October 31-November 3, 2005, EPA performed a baseline 
inspection of TRU waste characterization activities of the DOE's CCP 
staff at SRS (EPA Inspection No. EPA-SRS-CCP-10.05-8). This inspection 
is the second baseline inspection that EPA has performed under the 
Sec.  194.8 regulatory changes promulgated in July 2004.
    The CCP is a mobile characterization program that assists TRU waste 
generator sites with complex waste characterization activities. At some 
sites (such as Los Alamos National Laboratory and Savannah River Site) 
and small TRU waste generator sites (such as Argonne National 
Laboratory and Lawrence Livermore National Laboratory) the CCP has the 
sole responsibility to characterize contact-handled (``CH''), 
retrievably-stored TRU waste destined for the disposal at the WIPP.
    The purpose of EPA's inspection was to verify that CCP is 
characterizing CH TRU retrievably-stored debris waste (S5000) and 
soils/gravel (S4000) from SRS properly and in compliance with the 
regulatory requirements at 40 CFR 194.24. EPA did not evaluate the 
characterization of solid waste (S3000) at this time and will inspect 
this at a later date. During the inspection, EPA also evaluated CCP's 
use of the WIPP Waste Information System (``WWIS'') for tracking the 
contents of CH TRU waste containers destined for disposal at WIPP. This 
tracking ensures that the volume emplaced in the WIPP repository and 
characteristics of the emplaced wastes conform to the requirements of 
the WIPP LWA and the specific conditions of the WIPP Certification 
Decision.
    During the inspection, EPA evaluated the adequacy, implementation, 
and effectiveness of SRS-CCP's waste characterization activities. The 
Agency's evaluation focused on the individual components--equipment, 
procedures, and personnel training/experience of the following waste 
characterization processes: Acceptable knowledge (``AK''), 
nondestructive assay (``NDA''), visual examination techniques 
(``VET''), visual examination/real-time radiography (``VE/RTR''), load 
management, and the WWIS. The overall program adequacy and 
effectiveness of SRS-CCP was based on the following DOE-provided upper-
tier documents: (1) CCP-PO-001--Revision 11, 3/10/05--CCP Transuranic 
Waste Characterization Quality Assurance Project Plan and (2) CCP-PO-
002--Revision 12, 3/10/05--CCP Transuranic Waste Certification Plan.
    EPA evaluated the CCP-implemented waste characterization processes 
at SRS for specific CH TRU waste categories, as follows:
     Acceptable knowledge (AK) and load management for contact-
handled (``CH'') retrievably-stored and newly-generated TRU debris 
waste (S5000) and soil/gravel waste (S4000).
     Visual examination techniques (``VET'') for CH newly-
generated debris waste (S5000) and soil/gravel waste (S4000).
     Visual examination (``VE'') as a quality control check of 
real-time radiography (``RTR'') for CH retrievably-stored TRU debris 
waste (S5000) and soil/gravel waste (S4000).
     RTR for CH retrievably-stored TRU debris waste (S5000) and 
soil/gravel waste (S4000).
     Nondestructive assay (``NDA'') and the WIPP Waste 
Information System (``WWIS'') for CH retrievably-stored and newly-
generated TRU debris waste (S5000) and soil/gravel waste (S4000).
    Two NDA systems (Imaging Passive-Active Neutron/Gamma Energy 
Analysis [``IPAN/GEA''] system and the MCS IQ3 gamma system) were 
evaluated for characterizing debris (S5000) and soil/gravel (S4000) 
wastes.
    In addition to reviewing individual components (namely, procedures, 
and equipment) of each of the WC processes (AK, NDA, VET, VE/RTR, load 
management, and the WWIS), the Agency interviewed and reviewed training 
records of personnel responsible for compiling data, analyzing waste 
contents, operating equipment, and preparing data for WWIS tracking. 
EPA also required radioassay replicate analysis on selected containers 
from the population of previously analyzed waste containers on the same 
system or instrument for the two different waste categories. The 
purpose of this replicate testing is to provide EPA with an independent 
means to verify that the radioassay equipment being assessed for 
approval can provide consistent, reproducible results for the 
determination of the quantity of 10 WIPP-tracked radionuclides (241Am, 
137Cs, 238Pu, 239Pu, 240Pu, 242Pu, 90Sr, 233U, 234U, and 238U) as well 
as TRU alpha concentration. The results of the replicate analysis help 
EPA to determine whether:
     The instrument produces results consistent with the 
reported total measurement uncertainty (``TMU'') by comparing the 
sample standard deviation for a number of replicate measurements taken 
over several hours or days to the reported TMU.
     The instrument provides reproducible results over longer 
periods of time, such as weeks or months, by comparing the results of 
the replicate

[[Page 13595]]

measurement(s) to the original reported values.
    EPA's inspection team identified one finding and five concerns. The 
one finding and two of the concerns required a response from DOE. All 
concerns and findings are documented on EPA Inspection Issue Tracking 
Forms (see Attachments C.1 through C.6 of the baseline Inspection 
Report available in the EPA Docket). The Agency received responses to 
the one finding and two concerns which required responses and, upon 
further evaluation, concluded that the responses were adequate. As a 
result, there are no open issues resulting from this inspection.
    EPA's inspection team determined that SRS-CCP's WC program 
activities were technically adequate. EPA is proposing to approve the 
SRS-CCP WC program in the configuration observed during this inspection 
and described in this report and in the checklists in Attachment A. 
This proposed approval includes the following waste characterization 
activities:
    (1) The AK and load management process for CH retrievably-stored 
TRU debris and soil/gravel,
    (2) The IPAN and IQ3 NDA systems for assaying soil/gravel and 
debris waste,
    (3) VE as a QC check of the RTR process for retrievably-stored 
soil/gravel and debris waste,
    (4) The VET process for newly-generated debris and soil/gravel 
wastes,
    (5) The nondestructive examination process of RTR for retrievably-
stored soil/gravel and debris wastes, and
    (6) The WWIS process for tracking of waste contents of debris and 
soil/gravel wastes. As required by the new (194.8 revisions, EPA has 
assigned specific ``tiers'' to the different waste characterization 
processes. As seen from the table below, both T1 and T2 changes are 
reportable changes. A T1 change requires EPA approval prior to 
implementation of the change and may require EPA inspection to 
determine technical adequacy. A T2 change may be implemented prior to 
EPA approval; however, this type of change must be reported to EPA 
quarterly. Any changes to WC activities from the date of the baseline 
inspection must be reported to and, if applicable, approved by EPA, 
according to the following table:

                           Proposed Tiering of TRU WC Processes Implemented by SRS-CCP
                           [Based on October 31-November 3, 2005, Baseline Inspection]
----------------------------------------------------------------------------------------------------------------
                                        SRS-CCP WC process        SRS-CCP WC process        SRS-CCP general T2
        WC process elements             specific T1 changes      specific T2 changes*            changes*
----------------------------------------------------------------------------------------------------------------
AK including Load Management.......  Any new waste category..  WSPFs, including updates  Changes to site
                                     Changes to WWIS            or additions to waste     procedures requiring
                                      algorithms specific to    stream(s) within an       CBFO approvals and
                                      load management.          approved waste category   other changes as
                                                                (see Section 8.1).        discussed in Section
                                                               Changes in load            8.1 of this report.
                                                                management status of
                                                                approved waste
                                                                stream(s).
NDA................................  New equipment or          Changes to software for   Changes to site
                                      physical modifications    approved equipment (see   procedures requiring
                                      to approved               Section 8.2).             CBFO approvals and
                                      equipment.**.            Changes to operating       other changes as
                                     Changes to approved        range(s) upon CBFO        discussed in Section
                                      calibration range for     approval.                 8.2 of this report.
                                      approved equipment (see
                                      Section 8.2).
RTR................................  N/A.....................  New equipment or changes  Changes to site
                                                                to approved equipment.    procedures requiring
                                                                                          CBFO approvals and
                                                                                          other changes as
                                                                                          discussed in Section
                                                                                          8.3 of this report.
VE and VET.........................  Changes in vendor         N/A.....................  Changes to site
                                      performing VE and/or                                procedures requiring
                                      VET.                                                CBFO approvals and
                                                                                          other changes as
                                                                                          discussed in Section
                                                                                          8.4 of this report.
WWIS...............................  N/A.....................  N/A.....................  Changes to site
                                                                                          procedures requiring
                                                                                          CBFO approvals and
                                                                                          other changes as
                                                                                          discussed in Section
                                                                                          8.5 of this report.
----------------------------------------------------------------------------------------------------------------
* Upon receiving EPA approval, SRS-CCP will report all T2 changes to EPA every three months.
** Modifications to approved equipment include all changes with the potential to affect NDA data relative to
  waste isolation and exclude minor changes, such as the addition of safety-related equipment.

    EPA will notify the public of the results of its evaluations of 
proposed T1 and T2 changes through the WIPP Website and by sending 
messages via the WIPP-NEWS e-mail listserv. All T1 changes must be 
submitted for approval before their implementation and will be 
evaluated by EPA. Upon approval, EPA will post the results of the 
evaluations via the WIPP Website and the WIPP-NEWS listserv, as 
described above. The Agency will post T2 changes approximately every 
three months beginning with the date of EPA's approval of the TRU WC 
program implemented at SRS-CCP. EPA expects the first report of SRS-
CCP's T2 changes approximately three months from the date of EPA's 
approval of the TRU WC program implemented at SRS-CCP.
    The scope of the proposed site baseline compliance decision is 
based on EPA's inspection completed on November 3, 2005. The Agency 
will not approve any changes to the SRS-CCP program until this proposed 
baseline approval is finalized. Based on prior approvals, SRS-CCP is 
currently approved to dispose of debris waste (S5000) at the WIPP. SRS-
CCP is permitted to continue WC and disposal of debris waste while EPA 
evaluates public comment to this proposed approval and establishes a 
final approval.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of EPA's 
inspection of the CCP at SRS in the public docket as described in 
ADDRESSES. In accordance with 40 CFR 194.8, EPA is providing the public 
45 days to comment on these documents. The Agency requests comments on 
the tiering designations

[[Page 13596]]

and the proposed approval decision. EPA will accept public comment on 
this notice and supplemental information as described in Section 1.B. 
above. The EPA will not make a determination of compliance before the 
45-day comment period ends. At the end of the public comment period, 
EPA will evaluate all relevant public comment and revise the inspection 
report as necessary. The Agency will then issue an approval letter and 
the final inspection report, both of which will be posted on the WIPP 
Web site. The letter of approval will allow CCP to use the approved TRU 
waste characterization processes to characterize TRU waste at SRS.
    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 the three EPA WIPP informational docket 
locations in New Mexico (as listed in ADDRESSES). 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: March 9, 2006.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
 [FR Doc. E6-3813 Filed 3-15-06; 8:45 am]
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