[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62062-62066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25860]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2011-0786; FRL-9476-3]
Proposed Approval of the Central Characterization Project's
Remote-Handled Transuranic Waste Characterization Program at Sandia
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, remote-handled (RH), transuranic
(TRU) waste characterization program implemented by the Central
Characterization Project (CCP) at Sandia National Laboratory (SNL) in
Albuquerque, New Mexico. 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 SNL-CCP during an
inspection conducted in three steps: Observation of the Visual
Examination (VE) and sampling process at SNL on March 8, 2011; dose-to-
curie (DTC) measurements on May 10, 2011 at SNL; and, the formal
baseline inspection on June 7-8, 2011 in Golden, Colorado. 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 RH TRU waste consistent with
the Compliance Criteria. The results of EPA's evaluation of SNL-CCP's
RH 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 November 21, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0786, by one of the following methods:
[[Page 62063]]
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-2011-0786. 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 either 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
Regulation, 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 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). The Agency officially recertified WIPP
on November 18, 2010 (75 FR 70584). 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 Los Alamos National Laboratories (LANL) until EPA determines that
the site has established and executed a quality assurance program, in
accordance with
[[Page 62064]]
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 Agency'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. The Agency'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 [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 [194.8(b)(4)].
The Agency is required to assign a Tier 1 (T1) or Tier 2 (T2)
designation 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 waste characterization process (such as radioassay equipment
or personnel), and EPA must also 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 has performed a baseline inspection of RH TRU waste
characterization activities at SNL-CCP (EPA Inspection No. EPA-SNL-CCP-
RH-06.11-8). The purpose of EPA's inspection was to verify that the
waste characterization program implemented at SNL-CCP for
characterizing RH TRU, retrievably-stored, debris waste is technically
adequate and meets the regulatory requirements at 40 CFR 194.24.
The inspection took place in three steps: observation of the Visual
Examination (VE) and sampling process at SNL on March 8, 2011; dose-to-
curie (DTC) measurements on May 10, 2011 at SNL; and, the formal
baseline inspection on June 7-8, 2011, held in Golden, Colorado. The
Agency's inspection team evaluated: acceptable knowledge (AK) records;
DTC, in conjunction with radionuclide-specific scaling factors
supported by radiochemical analyses of smear samples from the parcels;
and VE to confirm the physical and radiological contents of waste
containers.
The inspection's scope included one RH waste stream, SNL-HCF-S5400-
RH, consisting of research and experimental debris generated at SNL
from 1973 through 1992. Decontamination operations conducted at SNL
from 1995-1997 produced a total of 32 parcels of RH TRU waste that
comprise Waste Stream SNL-HCF-S5400-RH. During this inspection,
however, EPA evaluated the characterization process for containers from
a subset of this waste stream, specifically 19 waste parcels of the
waste group PKE00044, referred to as PKE00044 in the accompanying
inspection report. The remaining 13 parcels of Waste Stream SNL-HCF-
S5400-RH are in two other waste groups, PKE00047 with nine parcels and
PKE00027/54 with four parcels. Both of these PKEs will require separate
Tier 1 approvals prior to disposal of waste containers belonging to
these groups at WIPP.
EPA is proposing to approve the SNL-CCP waste characterization
program implemented to characterize RH debris waste from the waste
group PKE00044 that was evaluated during this baseline inspection and
documented in the accompanying inspection report. The proposed approval
includes the following:
(1) The AK process for 19 parcels of the retrievably-stored TRU
debris waste from the waste group PKE00044 belonging to SNL Waste
Stream SNL-HCF-S5400-RH.
(2) The radiological characterization process using DTC and scaling
factors for assigning radionuclide values to 19 parcels of waste from
the waste group PKE00044 from Waste Stream SNL-HCF-S5400-RH that is
documented in CCP-AK-SNL-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 debris waste SNL-HCF-S5400-RH.
This baseline inspection evaluated SNL-CCP's RH waste
characterization program for technical adequacy and, when approved,
SNL-CCP will continue to use the approved program components to
characterize RH waste in accordance with the conditions and
restrictions discussed in this report.
This proposed approval applies to 19 parcels from the waste group
PKE00044. Upon final approval, however, SNL-CCP may add containers to
SNL RH waste group PKE00044, provided the following conditions are met:
1. Additional containers have a pedigree similar to the containers
in PKE00044 described in the accompanying inspection report; and
2. SNL-CCP can demonstrate that the radionuclide scaling factors
used for PKE00044 are technically appropriate for use in the DTC
determination of the radiological characterization of the additional
containers.
When SNL-CCP RH identifies additional containers to be added to the
waste group PKE00044, notification and submission of the appropriate
supporting documentation to EPA will be necessary prior to disposal at
the WIPP. Upon receiving the AK and radiological content documentation
for
[[Page 62065]]
the newly-generated RH waste containers to be added to PKE00044, EPA
will verify (a) the adequacy and applicability of the scaling factors
discussed in the baseline inspection report to the additional
containers, (b) the common radiological aspects of the 19 original
parcels of PKE00044 and the additional containers, and (c) the
technical adequacy of the AK documentation. EPA will evaluate this
documentation and, upon determining it to be adequate, SNL-CCP may
dispose of the additional containers at the WIPP facility.
In addition, RH containers with different AK pedigree and new or
different radionuclide scaling factors that may belong to the waste
group PKE00044 and RH containers from the remaining two waste groups
(PKE00047 and PKE00027/54) will require a T1 evaluation and approval
prior to disposal at the WIPP.
Table 1 below (which is outlined in the accompanying inspection
report) identifies the proposed tiering changes based on the baseline
inspection elements.
Table 1--Tiering of RH TRU Waste Characterization Processes Implemented
by SNL-CCP
[Based on June 6-8, 2011 baseline inspection]
------------------------------------------------------------------------
SNL-CCP RH Waste SNL-CCP RH Waste
RH Waste characterization characterization characterization
process elements process--T1 changes process--T2 changes*
------------------------------------------------------------------------
Acceptable Knowledge (AK)... Two remaining waste Notification to EPA:
groups (PKE00047 Upon
and PKE00027/54) completion of
belonging to a revisions of CCP-AK-
debris waste stream SNL-500, CCP-AK-SNL-
SNL-HCF-S5400-RH 502, CCP-TP-005, or
and any new RH nonconformance and
waste stream not corrective action
approved to date or procedures that
modification of an require CBFO
approved waste approval*** (AK2,
stream to include AK5, AK6, AK14).
additional When the
containers, if new final or revised
or different WSPF, CRR, and
radionuclide related attachments
scaling factors are are available
required (AK1). (AK10).
Substantive When AK
modification(s)** accuracy reports
that have the are completed,
potential to affect prepared annually
the at a minimum
characterization (AK11).
process to CCP-AK-
SNL-500 or CCP-AK-
SNL-502 (AK2, AK6).
When
Attachment 4 of
CCP-TP-005 is
generated to
reflect the
updated AKSR
Source Document
Reference List
(AK6).
When Add
Container
Memoranda have
been prepared
(AK5).
When
additional
Discrepancy
Resolution
Reports have
been prepared
(AK4).
If a
Correlation and
Surrogate
Summary Form
(CSSF) is
prepared (AK11).
Radiological Application of new Notification to EPA
Characterization (RC), scaling factors for upon completion of
including Dose-To-Curie isotopic revisions of CCP-AK-
(DTC). determination other SNL-501 or CCP-TP-
than those 504 that require
documented in CCP- CBFO approval***
AK-SNL-501 (RC4, (RC1, RC8).
RC5). Notification to EPA
Use of any alternate of availability of
radiological a revised
characterization radiological
procedure other characterization
than DTC with report, if required
established scaling for the addition of
factors as containers to the
documented in CCP- approved waste
TP-504 and CCP-AK- streams (RC5).
SNL-501, Revision
1, respectively, or
substantive
modification**
thereof (RC4, RC5).
Any new RH waste
stream not approved
to date or the
addition of
containers to an
approved waste
stream that
requires changing
the established
radionuclide
scaling factors or
radiological
characterization
process (RC1).
Visual Examination (VE)..... VE by reviewing Notification to EPA
existing audio/ upon completion of
visual recordings changes to VE
for Summary Waste procedure(s) that
Category not require CBFO
covered by this approval*** (VE1)
approval (VE2). Addition of new
VE by any new S5000 debris waste
process for S5000 streams (VE2).
debris wastes (VE2).
------------------------------------------------------------------------
* SNL-CCP will report all T2 changes to EPA every three months.
** Substantive modification refers to a change with the potential to
affect SNL-CCP's RH waste characterization process, e.g., the use of
an inherently different type of measurement instrument or the use of
probes not described in CCP-TP-504, excluding changes related to
solely to safety or to address administrative concerns.
*** Notification to EPA is not necessary when document updates are
editorial in nature or are required solely to address administrative
concerns.
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 SNL-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 above. The Agency 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
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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: September 26, 2011.
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2011-25860 Filed 10-5-11; 8:45 am]
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