[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33277-33280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14193]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0479; FRL-9317-1]


Proposed Approval of the Central Characterization Project's 
Remote-Handled Transuranic Waste Characterization Program at Bettis 
Atomic Power 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 the Agency) 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 Bettis Atomic Power 
Laboratory (BAPL) in West Mifflin, Pennsylvania. 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 RH TRU debris waste from BAPL-CCP during a series 
of four inspections, most recently conducted on April 12-13, 2011. By 
evaluating the waste characterization systems and processes for RH 
waste that the U.S. Department of Energy's (DOE's) Carlsbad Field 
Office (CBFO) program developed, EPA verified whether DOE could 
adequately characterize RH TRU debris waste, consistent with the

[[Page 33278]]

Compliance Criteria. The results of EPA's evaluation of BAPL-CCP's RH 
TRU waste characterization 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 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 July 25, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0479, 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-2011-0479. 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 Waste Management and 
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 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 
with radionuclides 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

[[Page 33279]]

handled and transported in specially shielded containers. 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 initially recertified WIPP on March 
29, 2006 (71 FR 18015) and officially recertified the facility most 
recently on November 18, 2010 (75 FR 70584). Both the certification and 
recertification decisions 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 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 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 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 waste characterization inspections.
    As described in Section 194.8(b), EPA's baseline inspections 
evaluate each waste characterization 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 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 waste 
characterization 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) designations to the reportable changes depending on their 
potential impact on data quality. A T1 designation requires that the 
site notify EPA of proposed changes to the approved components of an 
individual waste characterization process (such as radioassay equipment 
or personnel), and that EPA approve the change before it can be 
implemented. A waste characterization element with a T2 designation 
allows the site to implement changes to the approved components of 
individual waste characterization 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 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 194.24(h).
    The site inspection and approval process outlined in 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 waste characterization processes EPA 
inspected at the site, as well as their compliance with 194.24 
requirements.

III. Proposed Baseline Compliance Decision

    EPA conducted Baseline Inspection No. EPA-BAPL-CCP-RH-04.11-8 of 
the waste characterization program for RH TRU waste (waste stream BT-
1001) in four steps: (1) At Bettis Laboratory (August 30, 2010) to 
observe the Visual Examination (VE) process; (2) sample collection 
(September 23, 2010); (3) dose-to-curie (DTC) measurements (December 8, 
2010); and, the final baseline inspection at the Agency's Office of 
Radiation and Indoor Air (ORIA) in Washington, DC, on April 12 and 13, 
2011. In accordance with the provisions of 40 CFR 194.8(b), EPA 
evaluated the site's program to characterize wastes proposed for 
disposal at WIPP. EPA is seeking public comment on the proposed 
approval which, when final, will allow BAPL-CCP to characterize and 
dispose of RH TRU debris waste at WIPP.
    The inspection scope included one waste stream--BAPL Waste Stream 
BT-1001, which consists of 15 containers. Since additional RH TRU waste 
is not expected to be generated in the foreseeable future from 
decontamination and decommissioning of hot cells, any additional RH TRU 
waste stream generated at BAPL beyond the subject of this inspection 
and proposed approval will require a new baseline inspection and 
approval.
    Waste Stream BT-T001 consists of research and experimental debris 
generated at Bettis Laboratory from 1973 through 1992. This inspection 
evaluated: acceptable knowledge (AK) records; dose-to-curie (DTC), in 
conjunction with radionuclide-specific scaling factors supported by 
radiochemical analyses of smear samples from the hot cells; and visual 
examination (VE) to confirm the physical and radiological contents of 
waste containers. The scope of the inspection was limited to the 15 55-
gallon drums containing this waste, which was initially packaged in 15 
high-pressure containers (HIPs).
    The EPA inspection team identified one finding related to both the 
AK and radiological characterization processes that BAPL-CCP 
implemented to characterize RH Waste Stream BT-T-001 (see Attachment C 
of the accompanying inspection report). In response to this finding, 
BAPL-CCP revised several key documents associated with both AK and 
radiological characterization and prepared new documents identified as 
``freeze files'' following the inspection (see Attachment D of the 
accompanying inspection report). Freeze files contain revisions to 
certain documents made to address the Agency's issues as objective 
evidence for the changes being made. These revisions are then processed 
by BAPL-CCP's document control process to generate an ``official,'' 
most current version. EPA reviewed these freeze files and determined 
that they adequately addressed the finding and that the BAPL-CCP RH TRU 
waste characterization program was technically adequate and 
appropriately documented.
    In several cases, EPA reviewed the modifications to specific 
documents in the form of ``freeze files'' serving as objective evidence 
to address EPA's

[[Page 33280]]

finding. As a result of this EPA finding, BAPL-CCP had to revise 
several documents, which will be forwarded to EPA upon completion of 
the formal document control process. These freeze files will become 
final as formal, revised documents and provided to EPA before the end 
of the public comment period.
    Some of the revised documents that BAPL-CCP generated are subject 
to Bettis Laboratory's Public Utterance process (see Section 7.2 of the 
accompanying inspection report), which could affect EPA's planned 
approval schedule. EPA is accepting the BAPL-CCP freeze files as 
objective evidence to support its proposed approval. EPA expects (and 
Bettis Laboratory has agreed) that the revised formal documents will 
(a) Be identical to the freeze files, (b) undergo the Public Utterance 
Process during EPA's 45-day public comment period window, and (c) be 
provided to EPA before the end of the comment period for review so EPA 
can issue its final approval of the BAPL-CCP RH TRU waste 
characterization program.
    EPA's proposed approval for the BAPL-CCP waste characterization 
program implemented to characterize RH debris waste belonging to Waste 
Stream BT-T001 includes the following:
    (1) The AK process for 15 HIPs of RH retrievably-stored TRU debris 
designated as BAPL Waste Stream BT-T001
    (2) The radiological characterization process using DTC and scaling 
factors for assigning radionuclide values to Waste Stream BT-T001 that 
is documented in CCP-AK-BAPL-501, Revision 1, and supported by the 
calculation packages referenced in this report
    (3) The VE process to identify waste material parameters (WMPs) and 
the physical form of the waste.
    Generally, EPA's RH and CH baseline inspections evaluate a site's 
waste characterization program for technical adequacy and, when 
approved, the TRU site continues to use the approved program components 
to characterize additional wastes on an ongoing basis. However, the 
subject Bettis Laboratory waste stream has been fully characterized and 
no further waste characterization activities relative to this waste 
stream will take place. Therefore, this proposed approval is limited to 
the discrete set of 15 HIPs in BAPL Waste Stream BT-T001. As previously 
mentioned, a new baseline approval will be necessary for any legacy or 
newly-generated RH waste at the Bettis Laboratory. BAPL-CCP may not 
characterize any additional RH waste in the future based on this 
baseline approval. Consequently, EPA has not listed any Tier 1 (T1) or 
Tier 2 (T2) designations relative to this waste and the waste 
characterization components covered by this proposed approval.
    EPA must verify compliance with 40 CFR 194.24 before waste may be 
emplaced in the WIPP, as specified in Condition 3 of EPA's 
certification of the WIPP's compliance with disposal regulations for 
TRU radioactive waste [63 Federal Register (FR) 27354 and 27405, May 
18, 1998]. EPA Baseline Inspection No. EPA-BAPL-CCP-RH-04.11-8 was 
performed in accordance with the provisions of 40 CFR 194.8(b), as 
issued in a July 16, 2004, FR notice (Vol. 69, No. 136, pp. 42571-
42583).

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of the Agency's 
inspection of BAPL-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 included in EPA's public dockets.
    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: June 2, 2011.
Michael P. Flynn,
Director,
    Office of Radiation and Indoor Air.
[FR Doc. 2011-14193 Filed 6-7-11; 8:45 am]
BILLING CODE 6560-50-P