[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Notices]
[Pages 35133-35136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14006]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0449; FRL-8683-4]


Proposed Approval of the Central Characterization Project's 
Transuranic Waste Characterization Program at Oak Ridge 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, contact-handled (CH), transuranic 
(TRU) waste characterization program implemented by the Central 
Characterization Project (CCP) at Oak Ridge National Laboratory (ORNL) 
in Oak Ridge, Tennessee. 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 
characterization of CH TRU debris waste from ORNL-CCP during an 
inspection conducted the week of November 13, 2007. Using the systems 
and processes developed as part of the U.S. Department of Energy's 
(DOE's) Carlsbad Field Office (CBFO) program, EPA verified whether DOE 
could adequately characterize CH TRU waste consistent with the 
Compliance Criteria. The results of EPA's evaluation of ORNL-CCP's 
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 issue a final report and approval 
letter to DOE.

DATES: Comments must be received on or before August 4, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0449, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-1741.

[[Page 35134]]

     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-2008-0449. 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 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. 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 issued a final certification of compliance for 
the WIPP facility. The final rule was published in the Federal Register 
on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March 
29, 2006 (71 FR 18015). Both the certification and recertification 
determined that WIPP complies with the Agency's radioactive waste 
disposal regulations at 40 CFR part 191, subparts B and C, and is 
therefore safe to contain TRU waste.
    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

[[Page 35135]]

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 Sec.  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.

III. Proposed Baseline Compliance Decision

    EPA has performed a baseline inspection of CH TRU waste 
characterization (WC) activities at ORNL-CCP (EPA Inspection No. EPA-
ORNL-CCP-CH-11.07-8). The purpose of EPA's inspection was to verify 
that the waste characterization program implemented at ORNL-CCP for 
characterizing CH TRU, retrievably-stored, debris waste is technically 
adequate and meets the regulatory requirements at 40 CFR 194.24.
    During the inspection, EPA evaluated the adequacy of the site's WC 
programs for CH TRU debris (S5000) waste to be disposed of at the WIPP. 
The Agency examined the following activities:
     Acceptable knowledge (AK) for CH retrievably-stored TRU 
debris waste (S5000)
     One nondestructive assay (NDA) system, the Drum Waste 
Assay System Imaging Passive-Active Neutron/Segmented Gamma Scanner 
(DWAS IPAN/SGS) system for characterizing debris (S5000) waste
     Real-time radiography (RTR) for CH retrievably-stored TRU 
debris waste (S5000)
     WIPP Waste Information System (WWIS) for CH retrievably-
stored TRU debris waste (S5000)
    During the inspection, ORNL-CCP personnel stated that load 
management will never be performed at the site and EPA did not evaluate 
this aspect during the inspection [see Section 8.1(5) of the inspection 
report]. Therefore, this proposed approval does not include load 
management for ORNL-CCP.
    The EPA inspection team determined that the ORNL-CCP WC program for 
CH TRU waste was technically adequate. EPA is proposing to approve the 
ORNL-CCP CH TRU WC program in the configuration observed during this 
inspection and described in docketed inspection report and its' 
attached checklists (Attachments A.1 through A.4). This proposed 
approval includes the following:
    (1) The AK process for CH retrievably-stored TRU debris wastes
    (2) The DWAS IPAN/SGS system for assaying debris wastes
    (3) The nondestructive examination (NDE) process of RTR for 
retrievably-stored debris wastes
    (4) The WWIS process for tracking waste contents of debris wastes
    ORNL-CCP must report and receive EPA approval of any Tier 1 (T1) 
changes to the ORNL-CCP WC activities from the date of the baseline 
inspection, and must notify EPA regarding Tier 2 (T2) changes according 
to Table 1, below. The format of Table 1 in this report closely follows 
the format used in previous CH baseline approval reports.

   Table 1.--Tiering of TRU WC Processes Implemented by ORNL-CCP Based on November 13-15, 2007, Site Baseline
                                                   Inspection
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          WC process elements               ORNL-CCP WC T1 changes              ORNL-CCP WC T2 changes a
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Acceptable Knowledge (AK) and Load      Implementation of load          Notification to EPA upon completion of
 Management.                             management; AK (5).             AK accuracy reports; AK (2).
                                        Implementation of AK for        Notification to EPA upon completion of
                                         wastes other than retrievably-  new versions or updates/substantive
                                         stored debris (i.e.,            modifications b of the following:
                                         retrievably stored soil/
                                         gravel and solids and/or any
                                         type of newly-generated
                                         waste); AK (15).
                                                                        --Changes to AK-NDA communications and
                                                                         memoranda; AK (3).
                                                                        --Changes to site procedure; AK (4).

[[Page 35136]]

 
                                                                        --AK summaries that describe wastes
                                                                         beyond the 144 containers described in
                                                                         this report; AK (6).
                                                                        --Radiological Discrepancy Resolution
                                                                         Reports (AK-AK and AK-NDA) pertinent to
                                                                         Waste Stream OR-NFS-CH-HET; AK (11).
                                                                        --Completed Attachments 4 and 6 and
                                                                         associated memoranda for Waste Stream
                                                                         OR-NFS-CH-HET; AK (10) and (14).
                                                                        --AK Summaries/Waste Stream Profile
                                                                         Forms (WSPFs) and AK documentation
                                                                         reports; AK (15).
Non Destructive Assay (NDA)...........  New equipment or physical       Notification to EPA upon completion of
                                         modifications to approved       changes to software for approved
                                         equipment; c NDA (1).           equipment, operating range(s), and site
                                                                         procedures that require CBFO approval;
                                                                         NDA (2).
                                        Extension or changes to         ........................................
                                         approved calibration range
                                         for approved equipment; NDA
                                         (2).
Real-Time Radiography (RTR)...........  N/A...........................  Notification to EPA upon the following:
                                                                        --Implementation of new RTR equipment or
                                                                         substantive changes c to approved RTR
                                                                         equipment; RTR (1).
                                                                        --Completion of changes to site RTR
                                                                         procedures requiring CBFO approvals;
                                                                         RTR (2).
Visual Examination (VE)...............  Not approved at this time.....  Not approved at this time.
WIPP Waste Information System (WWIS)..  Implementation of load          Notification to EPA upon the following:
                                         management; WWIS (4).
                                                                        --Completion of changes to WWIS
                                                                         procedure(s) requiring CBFO approvals;
                                                                         WWIS (1).
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a Upon receiving EPA approval, ORNL-CCP will report all T2 changes to EPA at the end of each fiscal quarter.
b ``Substantive changes'' means changes with the potential to impact the site's WC activities or documentation
  thereof, excluding changes that are solely related to ES&H, nuclear safety, or RCRA, or that are editorial in
  nature.
c 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.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of the Agency's 
inspection of the ORNL-CCP Site 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 the three EPA WIPP informational docket 
locations in Albuquerque, Carlsbad, and Santa Fe, 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 30, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E8-14006 Filed 6-19-08; 8:45 am]
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