[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11112-11115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4318]



[[Page 11112]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0036; FRL-9636-4]


Proposed Approval of the Central Characterization Project's 
Remote-Handled Transuranic Waste Characterization Program at the 
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) 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 the Savannah River Site (SRS) in 
Aiken, South Carolina. 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 SRS-CCP during an 
inspection on August 30-September 1, 2011, with a follow-up inspection 
on December 6-7, 2011, at SRS. 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 SRS-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. EPA 
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 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.

DATES: Comments must be received on or before April 9, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2012-0036, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: 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-2012-0036. 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 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 
www.regulations.gov or email. The 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 email comment directly to EPA without 
going through www.regulations.gov your email 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 either electronically 
at 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; email 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 
www.regulations.gov or email. 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,

[[Page 11113]]

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 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 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 is 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, 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 SRS-CCP (EPA Inspection No. EPA-SRS-CCP-
RH-08.11-8). The purpose of EPA's inspection was to verify that the 
waste characterization program implemented at SRS-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 from August 30-September 1, 2011, with a 
follow-up inspection on December 6-7, 2011, at SRS. The Agency's 
inspection team evaluated: The use of acceptable knowledge (AK); dose-
to-curie (DTC) in conjunction with radionuclide-specific scaling 
factors derived in part by measurement with the In Situ Object Counting 
System (ISOCS) and historical assays of containers from the CH 
counterpart waste stream at SRS (SRW027-FB-Pre-86-C); and real-time 
radiography (RTR) to confirm the physical form and waste material 
parameters (WMP) of waste drums.
    The inspection's scope included one RH TRU waste stream, SR-RH-
FBL.01, consisting of debris waste from the FB-Line at SRS. This waste 
was generated by glovebox operations, decontamination, housekeeping, 
maintenance and construction activities conducted from 1975 through 
1984. EPA proposes to approve the SRS-CCP waste characterization 
program implemented to characterize RH debris waste from Waste Stream 
SR-RH-FBL.01 that was evaluated during this baseline inspection and is 
documented in this report. The proposed approval includes the 
following:
    (1) The AK process for RH TRU debris waste streams that have 
companion \1\ CH debris waste streams.
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    \1\ A companion CH waste stream has the same summary category 
group, same waste stream definition, and same radiological and 
physical properties as the subject RH waste stream. In this case, 
the only difference between containers in the companion CH waste 
stream and those in the subject RH waste stream is the waste's 
external dose rate; i.e., less than or greater than 200 millirem per 
hour (mrem/hr), which makes the waste CH or RH, respectively.

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[[Page 11114]]

    (2) The radiological characterization of eight drums in Waste 
Stream SR-RH-FBL.01 using the ORTEC/ISOCS prior to the baseline 
inspection and historical assays of companion CH debris waste streams 
for assigning radionuclide values, according to the limitations 
discussed in Section 8.2 of the inspection report.
    (3) The radiological characterization process using DTC and scaling 
factors generated through use of the Mobile Characterization Services 
(MCS)/ISOCS and historical assays of companion CH debris waste streams 
for assigning radionuclide values for RH waste, as documented in CCP-
AK-SRS-581, Revision 1, supported by the calculation packages (or 
equivalent documentation), and subject to the limitations discussed in 
Section 8.2 of this report.
    (4) The RTR process to identify WMPs and the physical form of RH 
TRU debris waste.
    Once this approval is final, SRS-CCP's RH TRU waste 
characterization program will be able to characterize RH waste from 
Waste Stream SR-RH-FBL.01 in accordance with the conditions and 
restrictions discussed in the accompanying inspection report and 
summarized in Table 1 below. After EPA finalizes the SRS-CCP RH waste 
characterization program approval, additional debris waste stream(s) 
having a companion CH waste stream(s) may be disposed of at WIPP 
provided that an approved radiological scaling factor development 
process is used.
    Further, the MCS/ISOCS use is limited to the generation of specific 
radionuclide ratios (scaling factors), i.e., the activity of plutonium 
(Pu) isotopes plutonium-239 (239Pu), plutonium-240 
(240Pu) and plutonium-241 (241Pu) to americium-
241 (241Am). Its use for direct quantification of any 
radionuclides including plutonium-238 is prohibited.
    A Tier 1 change approval is necessary when:
     The radiological scaling factors development process used 
for characterizing RH debris waste differs from the process approved;
     An RH TRU debris waste stream characterized for WIPP 
disposal does not have a companion CH waste stream;
     An RH TRU non-debris waste stream from a summary category 
group solids (S3000) or soils and gravel (S4000) is characterized for 
WIPP disposal; and
     Using the ORTEC/ISOCS for RH debris waste characterization 
in the future.
    Table 1 below (which is outlined in the inspection report) 
identifies the proposed tiering changes based on the baseline 
inspection elements.

 Table 1--Tiering of RH TRU Waste Characterization Processes Implemented
                               by SRS-CCP
 [Based on August 20-September 1, 2011, and December 6-7, 2011, Baseline
                               Inspection]
------------------------------------------------------------------------
                                                      SRS-CCP RH waste
  RH waste characterization     SRS-CCP RH waste      characterization
      process elements          characterization     process--T2 changes
                               process--T1 changes            *
------------------------------------------------------------------------
Acceptable Knowledge........  Any new RH S3000 or   Any new RH S5000
                               S4000 waste stream.   waste stream that
                                                     does have a
                                                     companion CH waste
                                                     stream.
                              Any new RH S5000      Notification to EPA:
                               waste stream that
                               does not have a
                               companion CH waste
                               stream.
                              Substantive               Upon
                               modification(s) **       completion of
                               to CCP-AK-SRS-580        revisions to CCP-
                               or CCP-AK-SRS-582        AK-SRS-580, CCP-
                               that have the            AK-SRS-582, CCP-
                               potential to affect      TP-005, or
                               the                      nonconformance
                               characterization         and corrective
                               process (AK2, AK6).      action
                                                        procedures that
                                                        require CBFO
                                                        approval ***
                                                        (AK2, AK5, AK6).
                                                        Upon
                                                        completion of
                                                        revisions to any
                                                        CCP-TP-005
                                                        attachments,
                                                        including when
                                                        Attachment 4 is
                                                        generated to
                                                        reflect the
                                                        updated AKSR
                                                        Source Document
                                                        Reference List
                                                        (AK5, AK11).
                                                        When the
                                                        final or revised
                                                        WSPF, CIS, CRR
                                                        and related
                                                        attachments are
                                                        available and
                                                        upon completion
                                                        of any
                                                        subsequent
                                                        revisions to
                                                        these documents
                                                        (AK10).
                                                        When AK
                                                        accuracy reports
                                                        are completed,
                                                        prepared
                                                        annually at a
                                                        minimum (AK11).
                                                        When Add
                                                        Container
                                                        Memoranda have
                                                        been prepared
                                                        (AK5).
                                                        When
                                                        additional
                                                        discrepancy
                                                        resolution
                                                        reports and
                                                        nonconformance
                                                        reports have
                                                        been prepared
                                                        (AK4).
Radiological                  Use of the MCS/ISOCS  Any new RH waste
 Characterization, including   to provide any        stream
 Dose-to-Curie.                information other     characterized using
                               than the relative     an approved scaling
                               determinations of     factor process for
                               \239\Pu, \240\Pu      isotopic
                               and \241\Pu to        determination.
                               \241\Am (RC2).
                              Future use of the     Notification to EPA
                               ORTEC/ISOCS for any   upon completion of
                               RH TRU waste (RC2).   revisions to CCP-AK-
                                                     SRS-581 or CCP-TP-
                                                     504 that require
                                                     CBFO approval ***
                                                     (RC1, RC5).
                              Application of a new  Notification to EPA
                               scaling factor        when calculation
                               processes for         package(s) CCP-SRS-
                               isotopic              44, or equivalent
                               determination other   record(s), are
                               than those            available.
                               documented in CCP-
                               AK-SRS-581,
                               Revision 1 (applies
                               to new RH waste
                               streams and to the
                               addition of
                               containers to an
                               approved waste
                               stream) (RC1, RC4,
                               RC5).
                              Substantive
                               modification(s) **
                               to CCP-TP-504 or
                               CCP-AK-SRS-581 that
                               have the potential
                               to affect the
                               characterization
                               process (RC4, RC5).

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Real-Time Radiography.......  RTR by any new        Notification to EPA
                               process.              upon completion of
                                                     changes to RTR
                                                     procedure(s) that
                                                     require CBFO
                                                     approval ***
                                                     (RTR1).
                                                    Addition of a new
                                                     SCG to any approved
                                                     RTR process (RTR2).
------------------------------------------------------------------------
* SRS-CCP will report all T2 changes to EPA every three months.
** Substantive modification refers to a change with the potential to
  affect SRS-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 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 SRS-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 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.

Jonathan D. Edwards,
Acting Director, Office of Radiation and Indoor Air.
[FR Doc. 2012-4318 Filed 2-23-12; 8:45 am]
BILLING CODE 6560-50-P