[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Notices]
[Pages 65488-65493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18847]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0881; FRL-8240-5]


Proposed Approvals of the Central Characterization Project's 
Remote-Handled Waste Characterization Programs at Idaho National 
Laboratory and Argonne 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 approvals of the radioactive, remote-handled (RH), transuranic 
(TRU) waste characterization programs implemented by the Central 
Characterization Project (CCP) at Idaho National Laboratory (INL) and 
Argonne National Laboratory (ANL). This waste is intended for disposal 
at the Waste Isolation Pilot Plant (WIPP) in New Mexico. These are the 
first proposed approvals for the characterization of RH waste.
    In accordance with the WIPP Compliance Criteria, EPA evaluated the 
characterization of RH TRU debris waste from INL-CCP and ANL-CCP during 
inspections conducted the weeks of June 12, 2006, and September 11, 
2006, respectively. Using the systems and processes developed as part 
of the U.S. Department of Energy's (DOE's) Carlsbad Field Office (CBFO) 
program to characterize RH TRU waste, EPA verified whether DOE could 
adequately characterize RH TRU waste consistent with the Compliance 
Criteria. The results of EPA's evaluations of the INL-CCP and ANL-CCP 
programs and their proposed approvals are described in the Agency's 
inspection reports, which are 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 approvals. As required by the 40 
CFR 194.8, at the end of a 45-day comment period EPA will evaluate 
public comments received, and if appropriate, finalize the reports 
responding to the relevant public comments, and issue final reports and 
approval letters to DOE.

DATES: Comments must be received on or before December 26, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0881, 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-2006-0881. 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 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 electronically at 
http://www.regulations.gov.
    As of September 22nd, 2006, the EPA Docket Center (EPA/DC) Public 
Reading Room will be temporarily inaccessible to the public until 
November 6th, 2006, due to construction. Public access to docket 
materials will still be provided. We strongly encourage you to visit 
the EPA Dockets Web site frequently (http://www.epa.gov/epahome/dockets.htm) in order to receive the latest status concerning the 
Public Reading Room and public access to docket materials.
    If you wish to obtain materials from a docket in the EPA/DC, please 
go first to Regulations.gov (http://www.regulations.gov) and obtain 
electronic copies. If the materials are listed in the docket index but 
the documents themselves are not available in Regulations.gov, please 
call (202) 566-1744 or e-mail the applicable Program Office Docket.
    EPA Docket Center operations will still continue during this 
period. In addition to electronic access through regulations.gov, 
public inspection of docket materials will be available by appointment 
during this period. Appointments may be made by calling (202) 566-1744 
or by e-mailing the appropriate Docket Office.
    If you wish to hand deliver comments during this period, you may 
drop them off between the hours of 8:30 a.m. and 4:30 p.m. eastern 
standard time (EST), Monday through Friday, excluding Federal holidays 
at the EPA Headquarters, Room 6146F in the EPA West Building located at 
1301 Constitution Avenue, NW., Washington, DC.
    EPA visitors are required to show photographic identification and 
sign the EPA visitor log. After processing through the X-ray and 
magnetometer machines, visitors will be given an EPA/DC badge that must 
be visible at all times, and be escorted to Room 6146F to drop off 
comments.

[[Page 65489]]

    If you have any other questions concerning the temporary closing of 
the EPA/DC Public Reading Room, you may call (202) 566-1744 between the 
hours of 8:30 a.m. and 4:30 p.m. eastern standard time.
    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 or Ed Feltcorn, 
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] or 
[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 that have 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.
    TRU waste is itself divided into two categories, based on its level 
of radioactivity. Contact-handled (CH) TRU waste accounts for about 97 
percent of the volume of TRU waste currently destined for the WIPP. It 
is packaged in 55-gallon metal drums or in metal boxes and can be 
handled under controlled conditions without any shielding beyond the 
container itself. The maximum radiation dose at the surface of a CH TRU 
waste container is 200 millirems per hour. CH waste primarily emits 
alpha particles that are easily shielded by a sheet of paper or the 
outer layer of a person's skin.
    Remote-handled (RH) TRU waste emits more radiation than CH TRU 
waste and must therefore be both handled and transported in shielded 
casks. Surface radiation levels of unshielded containers of remote-
handled transuranic waste exceed 200 millirems per hour. RH waste 
primarily emits gamma radiation, which is very penetrating and requires 
concrete, lead, or steel to block it.
    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.  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 
(revised July 2004).
    Condition 3 of the WIPP Certification Decision requires EPA to 
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. EPA's inspection and 
approval process gives EPA (a) Discretion in establishing technical 
priorities, (b) the ability to accommodate variation in the site's 
waste characterization capabilities, and (c) flexibility in scheduling 
site WC inspections.
    As described in Section 194.8(b), EPA's baseline inspections 
evaluate each WC process component (equipment, procedures, and 
personnel training/experience) for its adequacy and appropriateness in 
characterizing TRU waste destined for disposal at WIPP. During an 
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. A baseline inspection may 
describe any limitations on approved waste streams or waste 
characterization processes [Sec.  194.8(b)(2)(iii)]. In addition, a 
baseline inspection approval must specify what subsequent WC program 
changes or expansion should be reported to EPA [Sec.  194.8(b)(4)]. The

[[Page 65490]]

Agency is required to assign Tier 1 (T1) 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 site inspection and approval process outlined in Sec.  194.8 
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. The report must describe the WC processes EPA inspected at the 
site, as well as their compliance with Sec.  194.24 requirements.
    All waste characterization site approvals for WIPP, up until this 
point, have been applicable only to contact-handled (CH) TRU waste. The 
aforementioned inspections at INL-CCP and ANL-CCP mark the first two 
inspections related to RH waste.
    EPA previously issued a preliminary approval of DOE's general 
framework for characterizing RH waste on March 26, 2004 (Docket A-98-
49, Item II-B2-21). This approval requires DOE to provide site-specific 
RH waste characterization plans and characterization procedures for EPA 
approval prior to implementing them for characterizing RH waste.

III. Proposed Baseline Compliance Decisions

    EPA has performed baseline inspections of RH TRU waste 
characterization activities of INL-CCP (EPA Inspection No. EPA-INL-CCP-
RH-06-06-8) and ANL-CCP (EPA Inspection No. EPA-ANL-CCP-RH-09-06-8).
    The purpose of EPA's inspections were to verify that the RH waste 
characterization programs implemented at both INL-CCP and ANL-CCP for 
characterizing RH TRU, retrievably-stored, debris waste (S5000) are 
adequate. EPA evaluated whether the RH waste characterized meets the 
regulatory requirements at 40 CFR 194.24. During these inspections, EPA 
evaluated the adequacy, implementation, and effectiveness of the waste 
characterization activities at INL-CCP and ANL-CCP. The Agency's 
evaluation focused on the individual components--equipment, procedures, 
and personnel training/experience of the following waste 
characterization processes: acceptable knowledge (AK), radiological 
characterization using a dose-to-curie (DTC) procedure, visual 
examination (VE), and load management. The RH waste characterization 
programs at INL-CCP and ANL-CCP are based on DOE-provided upper-tier 
documents.

A. June 2006 INL-CCP RH Inspection Results

    At INL, EPA's inspection team identified one finding in the area of 
VE and six concerns that needed to be addressed by DOE. Two of these 
concerns were in VE and four in AK. DOE responded to the EPA finding 
and concerns and the Agency determined the DOE responses were 
satisfactory. EPA's inspection team determined that INL-CCP's RH WC 
program activities were technically adequate. (For complete discussion 
of EPA's findings, concerns, and technical evaluation, see EPA INL CCP 
RH Inspection Report A-98-42, II-A4-69 in the accompanying EPA Docket.) 
EPA is proposing to approve CCP's AK, DTC, and VE processes implemented 
at INL in the configuration observed during a June 2006 inspection and 
during two subsequent follow-up inspections (July & August), and as 
described in the inspection report A-98-42, II-A4-69. The proposed 
approval includes the following:
    (1) The AK process for RH retrievably-stored TRU debris in one 
waste stream, Idaho National Laboratory Waste Stream No. ID-ANLE-S5000, 
Lots 1 through 20, as defined in CCP-AK-INL-500, Revision 2, June 1, 
2006.
    (2) The radiological characterization process using dose-to-curie 
(DTC) and modeling-derived scaling factors for assigning radionuclide 
values to one RH waste stream for which the scaling factors are 
applicable, as described in CCP-AK-INL-501, Revision 1.
    (3) The VE process used for a total of 8 retrievably-stored RH 
debris waste drums included in three batch data reports--BDR No.'s 
RHINLVE 6001-03. CCP has terminated the use of VE process for this 
waste until further notice. If CCP decides to use VE in the future EPA 
inspection and approval is necessary.
    Any changes to the WC activities from the date of the baseline 
inspection must be reported to and, if applicable, approved by EPA, 
according to Table 1 below.

[[Page 65491]]



                         Table 1.--Tiering of RH TRU WC Processes Implemented by INL-CCP
            [For details see EPA's INL-CCP RH inspection report in EPA Docket No.: A-98-49, II-A4-69]
----------------------------------------------------------------------------------------------------------------
                                                                                     INL-CCP RH WC process--T2
        RH WC process elements              INL-CCP RH WC process--T1 changes                changes*
----------------------------------------------------------------------------------------------------------------
Acceptable Knowledge (AK).............  Any new waste streams not approved under  Changes to AK documentation as
                                         this baseline..                           a result of WCPIP
                                        Load management for any RH waste stream.   revisions.**
                                        Substantive modification(s)*** that have  AK accuracy report for Lot 16
                                         the potential to affect the               (or the appropriate Lot)
                                         characterization process to the           wherein individual drum data
                                         following documents: CCP-AK-INL-500,      assessed by INL (e.g., P030)
                                         Revision 2; CCP-AK-INL-501, Revision 1;   will be compared against DTC-
                                         or CCP-AK-INL-502, Revision 0.            derived values; all other AK
                                        Addition of K Cell or other debris         Accuracy reports prepared
                                         wastes to ID-ANLE-S5000.                  annually at a minimum.
                                                                                  Waste stream data package for
                                                                                   debris waste stream once
                                                                                   completed, and any
                                                                                   modifications to the WSPF
                                                                                   including the CRR and AK
                                                                                   Summary.
                                                                                  Completed Correlation or
                                                                                   Surrogate Summary Form of RH
                                                                                   containers identified in this
                                                                                   waste stream identified as CH
                                                                                   based upon measured dose
                                                                                   rates that present NDA
                                                                                   results for assayed
                                                                                   containers, including
                                                                                   isotopic ratios.
                                                                                  Updates to CCP-INL-AK-500, 501
                                                                                   and 502 made available when
                                                                                   each update is approved.
----------------------------------------------------------------------------------------------------------------
Radiological Characterization,          Use of any alternate radiological         Revisions of CCP-AK-INL-501or
 including Dose-To-Curie (DTC).          characterization procedure other than     CCP-TP-504 that require CBFO
                                         DTC with established scaling factors as   approval.**
                                         documented in CCP-TP-504, Revision 3,
                                         or substantive modification of the DTC
                                         procedure.***.
                                        Application of new scaling factors for
                                         isotopic determination other than those
                                         documented in CCP-AK-INL-501, Revision
                                         0.
                                        Any new waste stream not approved under
                                         this baseline or addition of containers
                                         to waste stream ID-ANLE-S5000 that
                                         require a change to the established
                                         radionuclide scaling factors.
----------------------------------------------------------------------------------------------------------------
Visual Examination (VE)...............  Implementation of VE following this       None.
                                         Baseline approval is a T1 change. If
                                         CCP decides to use VE in the future EPA
                                         approval is necessary.
----------------------------------------------------------------------------------------------------------------
Real Time Radiography (RTR)...........  Any use of RTR requires EPA approval....  None.
----------------------------------------------------------------------------------------------------------------
WIPP Waste Information System (WWIS)..  Any use of WWIS requires EPA approval     None.
                                         prior to RH waste disposal.
----------------------------------------------------------------------------------------------------------------
\*\ Upon receiving EPA approval, INL-CCP will report all T2 changes to EPA every three months.
\**\ Excluding changes that are editorial in nature or are required to address administrative concerns.
\***\ Substantive modification refers to a change with the potential to affect INL's RH WC process, e.g., the
  use of an inherently different type of measurement instrument or the use of the high range probe as described
  in CCP-TP-504.

    EPA will notify the public of the results of its evaluations of 
proposed T1 and T2 changes through the WIPP Web site and by forwarding 
e-mails to the WIPP-NEWS list. 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 through the WIPP 
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 INL-CCP. EPA 
expects the first report of INL-CCP's T2 changes approximately three 
months from date of EPA's approval of the TRU WC program implemented at 
INL-CCP.
    In this notice, EPA is not proposing to approve WIPP Waste 
Information System (WWIS) for tracking of waste contents of RH debris 
wastes. Although the WWIS is currently approved by EPA for tracking CH 
waste, this system has not been demonstrated by DOE for the Agency for 
tracking RH waste. Therefore, in accordance with 194.8(b)(2)(iii), EPA 
is placing a limitation on this proposed baseline that requires DOE to 
provide WWIS information as a T1 change. EPA will review the WWIS 
database populated with actual RH waste content data when the RH 
modules have been completed. EPA may conduct the evaluation of the WWIS 
during this comment period; however, no final decision or approval of 
the WWIS will be made until a baseline approval is finalized. No RH 
waste can be shipped to WIPP for disposal until EPA approves the WWIS 
database through the T1 process. Similarly, if INL-CCP intends to use 
an RTR unit to evaluate RH drum contents, EPA will also evaluate this 
process as a T1 change. Although EPA may evaluate INL-CCP's RTR prior 
to a baseline approval, no decision or approval regarding RTR will be 
made until a baseline approval is finalized.

B. September 2006 ANL-CCP RH Inspection Results

    At ANL, EPA's inspection team identified three concerns; two in VE 
and one in AK. DOE responded to the EPA concerns and the Agency 
determined that the DOE responses were satisfactory. EPA's inspection 
team determined that ANL-CCP's RH WC program activities were 
technically adequate. (For a complete discussion of

[[Page 65492]]

EPA's findings, concerns, and technical evaluation, see EPA ANL CCP RH 
Inspection Report A-98-42, II-A4-70 in the accompanying EPA Docket.) 
EPA is proposing to approve CCP's AK, DTC, and VE processes implemented 
at ANL in the configuration observed during the September 2006 
inspection and as described in the inspection report A-98-49, II-A4-70. 
The proposed approval includes the following:
    (1) The AK process for RH retrievably-stored TRU debris in one 
waste stream, Waste Stream AERHDM, as defined in CCP-AK-ANLE-501, 
Revision 0, July 21, 2006.
    (2) The radiological characterization process using DTC and 
modeling-derived scaling factors for assigning radionuclide values to 
one RH waste stream for which the scaling factors are applicable, as 
described in CCP-AK-ANL-501, Revision 1.
    (3) The VE process for retrievably-stored RH debris waste.
    Any changes to the WC activities from the date of the baseline 
inspection must be reported to and, if applicable, approved by EPA, 
according to Table 2 (as seen below).

                         Table 2.--Tiering of RH TRU WC Processes Implemented by ANL-CCP
            [For details see EPA's ANL-CCP RH inspection report in EPA Docket No: A-98-49, II-A4-70]
----------------------------------------------------------------------------------------------------------------
                                                                                     ANL-CCP RH WC process--T2
        RH WC process elements              ANL-CCP RH WC process--T1 changes                changes*
----------------------------------------------------------------------------------------------------------------
Acceptable Knowledge (AK).............  Any new waste streams not approved under  Changes made to AK
                                         this baseline.                            documentation as a result of
                                        Load management for any RH waste stream.   WCPIP revisions.**
                                        Substantive modification(s)*** that have  AK accuracy reports, prepared
                                         the potential to affect the               annually at a minimum.
                                         characterization process to the          Waste stream data package for
                                         following documents: CP-AK-ANLE-500,      debris waste stream once
                                         Revision 1; CCP-AK-ANLE-501, Revision     completed, and any
                                         0; or CCP-AK-ANLE-502, Revision 0..       modifications to that WSPF
                                        Modification of the approved waste         including the CRR and AK
                                         stream AERHDM to include additional       Summary.
                                         containers beyond the approximately 45   Comparison of AK versus DTC-
                                         included in CCP-AK-ANLE-500, Revision     derived radiological data to
                                         3..                                       support the use of waste
                                                                                   stream-specific instead of
                                                                                   drum-specific radiological
                                                                                   data and the completed DTC
                                                                                   results for all containers in
                                                                                   this waste stream.
                                                                                  Updates to documents as
                                                                                   follows:
                                                                                   CCP-AK-ANLE-500 and
                                                                                   CCP-AK-ANLE-502 to address
                                                                                   freeze file changes.
                                                                                   All future revisions
                                                                                   of CCP-ANLE-AK-500, CCP-ANLE-
                                                                                   AK-501 and CCP-ANLE-AK-502.
                                                                                   Listing of the
                                                                                   references that document the
                                                                                   assembly of fuel pin data and
                                                                                   review process.
----------------------------------------------------------------------------------------------------------------
Radiological Characterization,          Use of any alternate radiological         Revisions of CCP-AK-ANLE-501
 including Dose-To-Curie (DTC).          characterization procedure other than     or CCP-TP-504 that require
                                         DTC with established scaling factors as   CBFO approval.**
                                         documented in CCP-TP-504, Revision 3,
                                         or substantive modification*** of the
                                         DTC procedure.
                                        Application of new scaling factors for
                                         isotopic determination other than those
                                         documented in CCP-AK-ANLE-501, Revision
                                         0.
                                        Any new waste stream not approved under
                                         this baseline or addition of containers
                                         to waste stream AERHDM that require
                                         changing the established radionuclide
                                         scaling factors.
----------------------------------------------------------------------------------------------------------------
Visual Examination (VE)...............  VE by reviewing existing audio/visual     Changes made to any VE
                                         recordings for S4000 and S3000 wastes.    procedure(s) that require
                                        VE by any process other than review of     CBFO approval.
                                         existing audio/visual recordings for     Addition of new S5000 debris
                                         S5000 debris wastes..                     waste streams.
----------------------------------------------------------------------------------------------------------------
Real Time Radiography (RTR)...........  Any use of RTR requires EPA approval....  None.
----------------------------------------------------------------------------------------------------------------
WIPP Waste Information System (WWIS)..  Any use of WWIS requires EPA approval     None.
                                         prior to RH waste disposal.
----------------------------------------------------------------------------------------------------------------
\*\ Upon receiving EPA approval, ANL-CCP will report all T2 changes to EPA every three months.
\**\ Excluding changes that are editorial in nature or are required to address administrative concerns. New
  references that are included as part of the document revision may be requested by EPA.
\***\ Substantive modification refers to a change with the potential to affect ANL's RH WC process,e.g., the use
  of an inherently different type of measurement instrument or the use of the high range probe as described for
  CCP-TP-504.

    EPA will notify the public of the results of its evaluations of 
proposed T1 and T2 changes through the WIPP Web site and by forwarding 
e-mails to the WIPP-NEWS list. 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 through the WIPP 
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 ANL-CCP. EPA 
expects

[[Page 65493]]

the first report of ANL-CCP's T2 changes approximately three months 
from date of EPA's approval of the TRU WC program implemented at ANL-
CCP.
    In this notice, EPA is not proposing to approve WIPP Waste 
Information System (WWIS) for tracking of waste contents of RH debris 
wastes. Although the WWIS is currently approved by EPA for CH waste, 
the system has not yet been demonstrated by DOE for the Agency for 
tracking RH waste. Therefore, in accordance with 194.8(b)(2)(iii), EPA 
is placing a limitation on this proposed baseline that requires DOE to 
provide WWIS information as a T1 change. EPA will review the WWIS 
database populated with actual RH waste content data when the RH 
modules have been completed. EPA may conduct the evaluation of the WWIS 
during this comment period; however, no final decision or approval of 
the WWIS will be made until a baseline approval is finalized. No RH 
waste can be shipped to WIPP for disposal until EPA approves the WWIS 
database through the T1 process. In the future, if ANL-CCP intends to 
use an RTR unit to evaluate RH drum contents, EPA will evaluate this 
process as a T1 change.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed both reports discussing the results of EPA's 
inspections of INL-CCP and ANL-CCP 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 proposed approval decisions and tiering designations, as described 
in EPA's inspection reports. EPA will accept public comment on this 
notice and supplemental information as described in Section 1.B. above. 
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 comments and revise the inspection reports 
as necessary. If appropriate, the Agency will then issue approval 
letters and final inspection reports, both of which will be posted on 
the WIPP Web site. DOE must obtain EPA approval of the WWIS, through 
the T1 change system prior to the disposal of RH waste at WIPP.
    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: October 31, 2006.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E6-18847 Filed 11-7-06; 8:45 am]
BILLING CODE 6560-50-P