[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Pages 43150-43154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12215]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0597; FRL-8204-5]


Proposed Approval of the Advanced Mixed Waste Treatment 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'' or ``we'') is 
announcing the availability of, and soliciting public comments for 45 
days on, the proposed approval of the radioactive, transuranic 
(``TRU'') waste characterization program implemented by the Advanced 
Mixed Waste Treatment Project (``AMWTP'') at Idaho National Laboratory 
(``INL''). This waste is intended for disposal at the Waste Isolation 
Pilot Plant (``WIPP'') in New Mexico. In accordance with the WIPP 
Compliance Criteria, EPA evaluated the AMWTP/INL's characterization of 
TRU debris and solid waste from AMWTP/INL during an inspection 
conducted March 27-March 31, 2006. Using the systems and processes 
developed as part of the Department of Energy's (``DOE's'') Carlsbad 
Field Office (``CBFO''), EPA verified whether DOE could adequately 
characterize TRU waste consistent with the Compliance Criteria. The 
results of EPA's evaluation of the AMWTP/INL 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 
evaluated by EPA and EPA's proposed approval. As required by 40 CFR 
194.8, 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 CBFO. Based on previous EPA inspections and approvals, AMWTP/INL 
is currently approved to dispose of debris and solid waste at WIPP. 
AMWTP/INL is permitted to continue waste characterization and disposal 
in accordance with prior site approvals

[[Page 43151]]

while EPA establishes a baseline approval.

DATES: Comments must be received on or before September 14, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0597, by one of the following methods:
     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-2006-0597. 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 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 
www.regulations.gov or e-mail. The 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 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 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 
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 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 
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

[[Page 43152]]

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 AMWTP/INL). 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 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 March 27--March 31, 2006, EPA performed a baseline inspection 
of TRU waste characterization activities of DOE's AMWTP at INL (EPA 
Inspection No. EPA-AMWTP-03.06-8).
    The purpose of EPA's inspection was to verify that AMWTP is 
characterizing CH TRU retrievably-stored debris waste (S5000) and solid 
waste (S3000), as well as CH TRU newly-generated debris waste (S5000), 
from INL properly and in compliance with the regulatory requirements at 
40 CFR 194.24. During the inspection, EPA also evaluated AMWTP'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 AMWTP/INL'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 AMWTP/INL was based on DOE-provided upper-tier 
documents.
    EPA evaluated the waste characterization processes at AMWTP/INL for 
specific CH TRU waste categories, as follows:
     Acceptable knowledge (AK) and load management for CH 
retrievably-stored and newly-generated TRU debris waste (S5000) and 
retrievably-stored solids (S3000)
     Visual examination technique (VET) for CH newly-generated 
debris waste (S5000)
     Visual examination (VE) as quality control (QC) check of 
real-time radiography (RTR) and VE in lieu of RTR for CH retrievably-
stored TRU debris waste (S5000) and solids (S3000)
     RTR for CH retrievably-stored TRU debris waste (S5000) and 
solids (S3000)
     Nondestructive assay (NDA) and the WIPP Waste Information 
System (WWIS) for CH retrievably-stored and newly-generated TRU debris 
waste (S5000) and retrievably-stored solids (S3000) for Integrated 
Waste Assay System (IWAS) units Z-211-102 and -103, and CH retrievably-
stored and newly-generated TRU debris waste (S5000) only for IWAS units 
Z-390-100 and -101
     Debris waste that has been removed from standard waste 
boxes and damaged 55-gallon drums, repackaged in 55-gallon drums for 
supercompaction
    Four NDA IWAS units were evaluated. IWAS units Z-211-102 and -103 
were evaluated for characterizing debris (S5000) and solid (S3000) 
wastes. IWAS units Z-390-100 and 101 were

[[Page 43153]]

evaluated for characterizing debris (S5000) only.
    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 measurement(s) to the original reported values.
    EPA's inspection team did not identify any findings or concerns 
during the inspection, and determined that AMWTP/INL's WC program 
activities were technically adequate. EPA is proposing to approve the 
AMWTP--INL 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 solids.
    (2) Two NDA systems (IWAS units Z-211-102 and Z-211-103) for 
assaying CH retrievably-stored or newly-generated debris and solid 
wastes in both 55- and 85-gallon containers.
    (3) Two NDA systems (IWAS units Z-390-100 and Z-390-101) for 
assaying only CH retrievably-stored or newly-generated debris wastes in 
55-gallon containers.
    (4) VE as a QC check of the RTR process for retrievably-stored 
debris and solid wastes, including VE performed in lieu of RTR.
    (5) The VET process for newly-generated debris wastes.
    (6) RTR for retrievably-stored S5000 debris and S4000 solid wastes.
    (7) The WWIS for the purpose of data transfer and tracking waste 
contents of debris and solid wastes including 100-gallon overpack 
containers.
    As required by the new Sec.  194.8 revisions, EPA has assigned 
specific requirements for reporting changes to an approved waste 
characterization program. As seen from the table below, Tier 1 changes 
require EPA approval prior to implementation of the change and may 
require EPA inspection to determine technical adequacy. Tier 2 changes 
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:

                       Table 1.--Proposed Tiering of TRU WC Processes Implemented by AMWTP
                                [Based on March 28-30, 2006, Baseline Inspection]
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                                   AMWTP WC process specific      AMWTP WC process          AMWTP general T2
       WC process  elements                T1 changes           specific T2 changes*            changes*
----------------------------------------------------------------------------------------------------------------
AK including Load Management.....  Any new waste category...  Waste Stream Profile      Changes to site
                                   Changes to WWIS             Forms, including          procedures requiring
                                    algorithms specific to     updates or additions to   approvals by the
                                    load management.           waste stream(s) within    Carlsbad Field Office
                                                               an approved waste         (CBFO) and other
                                                               category (see Section     changes as discussed in
                                                               8.1).                     Section 8.1 of this
                                                              Changes in load            report.
                                                               management status of
                                                               approved waste
                                                               stream(s).
NDA..............................  New equipment or physical  Changes to software for   Changes to site
                                    modifications to           approved equipment (see   procedures requiring
                                    approved equipment.**      Section 8.2).             CBFO approvals and
                                   Changes to approved        Changes to operating       other changes as
                                    calibration range for      range(s) upon CBFO        discussed in Section
                                    approved equipment (see    approval.                 8.2 of this report.
                                    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          Addition of new waste     Changes to site
                                    performing VE and/or VET.  category.                 procedures requiring
                                                              Addition of new            CBFO approvals and
                                                               procedure or site         other changes as
                                                               equipment identifier.     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, AMWTP 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 its evaluation results for proposed 
Tier 1 (T1) and Tier 2 (T2) changes on the EPA Web site and by sending 
e-mails to the WIPP-NEWS list (see Section 2.0, below, for a brief 
discussion of tiering).

[[Page 43154]]

All T1 changes that are submitted for approval before their 
implementation will be evaluated by EPA and, upon approval, EPA will 
post the evaluation results on the EPA Web site and the WIPP-NEWS list, 
as described above. EPA will post T2 changes approximately every three 
months beginning with the date of EPA's approval of the TRU WC program 
implemented at AMWTP/INL. EPA expects the first report of T2 changes at 
AMWTP/INL approximately three months from the FR notice accompanying 
this report.
    The scope of the AMWTP baseline is based on EPA's inspection of the 
WC system of controls. EPA will not approve any changes to the AMWTP 
program until after EPA issues the baseline approval. AMWTP is 
currently approved to dispose of retrievably-stored and newly-generated 
debris (S5000) and retrievably-stored solid (S3000) wastes at the WIPP, 
and AMWTP is permitted to continue WC and disposal in accordance with 
prior site approvals during the period before EPA approves the final 
baseline.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of EPA's 
inspection of AMWTP at INL 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 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 
AMWTP to use the approved TRU waste characterization processes to 
characterize waste at INL.
    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: July 11, 2006.
Barnes Johnson,
Acting Director, Office of Radiation and Indoor Air.
[FR Doc. E6-12215 Filed 7-28-06; 8:45 am]
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