[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Notices]
[Pages 29504-29507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11381]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0410; FRL-8568-5]


Proposed Approval of the Central Characterization Project's 
Remote-Handled Waste Characterization Program at 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 radioactive, remote-handled (RH), transuranic 
(TRU) waste characterization program implemented by the Central 
Characterization Project (CCP) at Savannah River Site (SRS). This 
waste, which originated from the Battelle Columbus Laboratory (BCL), is 
intended for disposal at the Waste Isolation Pilot Plant (WIPP) in New 
Mexico.
    In accordance with the WIPP Compliance Criteria, EPA evaluated the 
characterization of RH TRU debris waste from SRS-CCP during a baseline 
inspection (and follow-up inspections) conducted the weeks of July 17-
19, 2007, July 31--August 2, 2007, and December 4-5, 2007. 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 
evaluation of the SRS-CCP program and its proposed approval are 
described in the Agency'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 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 a final report and approval letter 
to DOE.

DATES: Comments must be received on or before July 7, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0410, by one of the following methods:

[[Page 29505]]

     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-2008-0410. 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 
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 provided in EPA's regulations at 40 CFR 
Part 2, and in accordance with normal EPA docket procedures, if hard 
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. No. 102-579), as amended (Pub. L. No. 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 a 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).

[[Page 29506]]

    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 
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.
    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 Decision

    EPA has performed a baseline inspection of RH TRU waste 
characterization activities at SRS-CCP (EPA Inspection No. EPA-SRS-CCP-
RH-7.07-8). The purpose of EPA's inspection was to verify that the RH 
waste characterization program implemented at SRS-CCP for 
characterizing RH TRU, retrievably-stored, debris waste is adequate. 
The waste characterized by the SRS-CCP is RH debris waste from the 
demolition of a hot cell laboratory at Battelle Columbus Laboratory 
(BCL) that was shipped to SRS for characterization prior to disposal at 
WIPP. EPA evaluated whether this RH waste meets the regulatory 
characterization requirements at 40 CFR 194.24.
    The inspection's sole focus was to evaluate the records that had 
been assembled to document RH TRU waste characterization activities, 
including recently performed modeling, interpretation, and additional 
calculations based on previously generated measurement data for 
Battelle Columbus Laboratory Demolition Project (BCLDP) RH debris Waste 
Stream No. SR-RL-BCLDP.001. Like the RH debris waste in 16 canisters 
from LANL that EPA approved in February 2008 (see Air Docket No. A-98-
49, II-A4-89), this is a discrete waste stream. There will be no 
further waste generation and characterization activities relative to 
this waste. This proposed approval, hence, is directed to a discrete 
set of 87 drum liners within this RH debris waste stream that are 
currently stored at SRS, as supported by the documentation the EPA 
inspection team evaluated during this inspection.
    Although these wastes are currently stored at SRS, the waste 
generation and characterization activities covered by this proposed 
approval were performed at the BCLDP, as stated previously. This 
proposed approval is limited to RH debris waste from BCLDP only. Note 
that this is a retrospective approval of the RH debris waste from 
BCLDP, and no additional RH debris waste from BCLDP remains to be 
characterized for WIPP disposal. Any BCLDP-related RH waste that SRS-
CCP may characterize upon the approval of WC activities discussed in 
this report will require EPA approval as a Tier 1 (T1) change. Upon 
approval of the RH TRU waste characterization processes discussed in 
this report, if SRS-CCP embarks on characterizing RH waste other than 
that generated at BCLDP for WIPP disposal, a separate baseline 
inspection and approval will be necessary. That is, any SRS RH waste 
destined for WIPP disposal characterized by SRS-CCP or another program 
remains subject to EPA's baseline inspection and approval.
    The purpose of the SRS-CCP RH WC inspection was to evaluate the 
adequacy of the site's WC programs for 87 drum liners in a single RH 
debris waste stream for disposal at WIPP. The 87 drum liners of RH 
debris in this waste stream were generated from the decontamination and 
decommissioning (D&D) of the Building JN-1 Hot Cell Laboratory at the 
Jefferson North facility, which operated from 1955 until D&D began in 
1988, under the BCLDP. (See page 8 for additional details of the waste 
generation in Section 8.0 of the inspection report found in EPA Docket 
ID EPA-HQ-OAR-2008-0410.)
    The EPA inspection team identified one finding during the July 2007 
inspection (see Attachment A of the inspection report found in EPA 
Docket ID EPA-HQ-OAR-2008-0410). SRS-CCP revised specific documents to 
address the finding and submitted them for EPA review following the 
initial July inspection. The EPA inspection team reviewed the revised 
documents and subsequently met with SRS-CCP personnel in December 2007 
to discuss the changes to WC documents addressing the EPA finding and 
examine additional objective evidence. Upon completing their reviews, 
the EPA inspection team determined that the revised documents 
adequately addressed all aspects of the EPA finding. Accordingly, EPA 
has determined that the records documenting SRS-CCP's RH WC program 
represented activities that were technically adequate and the finding 
has been resolved. EPA, therefore, is proposing to approve the SRS-CCP 
RH WC program for the 87 RH TRU drum liners in SRS RH Waste Stream No. 
SR-RL-BCLDP.001 evaluated during this baseline inspection that is 
described and documented in the accompanying baseline inspection 
report. This approval includes the following:
    (1) The acceptable knowledge (AK) process for the 87 drum liners of 
RH retrievably-stored TRU debris in the

[[Page 29507]]

waste stream designated Waste Stream No. SRS-RL-BCLDP.001 currently 
stored at the TRU storage pads in the E Area of SRS.
    (2) The radiological characterization (RC) process using dose-to-
curie (DTC) and modeling-derived scaling factors, supported by 
radionuclide data from the analysis of 69 swipe samples, for assigning 
radionuclide values to 87 drum liners of RH retrievably-stored TRU 
debris in one waste stream, designated as SRS-RL-BCLDP.001, that is 
documented in CCP-AK-LANL-501, Revision 2, and detailed in the 
inspection report found in EPA Docket ID EPA-HQ-OAR-2008-0410.
    (3) The visual examination (VE) process to identify Waste Material 
Parameters and the physical form of the waste.
    (4) The WIPP Waste Information System (WWIS) to submit data for 
both characterization and certification to WWIS for RH TRU waste.
    (5) The attainment of pertinent Data Quality Objectives (DQOs).
    Since no additional WC activities are expected to occur relative to 
the 87 drum liners of RH debris waste, no changes to the WC activities 
evaluated during the baseline inspection are anticipated. EPA, 
therefore, does not expect SRS-CCP to make additional revisions to the 
documents that were reviewed as part of this inspection and proposed 
approval limited to the WC processes specific to the 87 drum liners 
evaluated during the July, August, and December 2007 inspections. In 
the event that SRS-CCP makes changes to the WC components proposed for 
approval or implements them to characterize additional waste from the 
BCLDP activity (e.g., solids or soil/gravel) associated with D&D 
activities at Building JN-1 at the Battelle Columbus Laboratory, EPA 
will consider changes that have the potential to affect WC activities 
to be Tier 1 (T1) changes, as stated above. The inspection report does 
not list specific T1 or Tier 2 (T2) designations relative to these 87 
waste liners and the WC components proposed for the approval at this 
time.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of the Agency's 
inspection of SRS-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 decision, as described in the inspection report. 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 report as necessary. If appropriate, the 
Agency will then issue a final approval letter and inspection report, 
both of which will be posted on the WIPP Web site.
    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 three EPA WIPP informational docket locations in 
Carlsbad, Santa Fe, and Albuquerque, New Mexico. 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: May 9, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
 [FR Doc. E8-11381 Filed 5-20-08; 8:45 am]
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