[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Pages 32542-32546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14833]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2017-0231; FRL-9964-70-OAR]


Proposed Approval of the Central Characterization Project's 
Transuranic Waste Characterization Program at Los Alamos National 
Laboratory and Elimination of Distinction Between Retrievably-Stored 
and Newly-Generated Transuranic Waste Destined for Disposal at the 
Waste Isolation Pilot Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for public comments.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
announcing the availability of, and soliciting public comment on, two 
actions.
    February 7-9, 2017, the Agency conducted a new baseline inspection 
of the Los Alamos waste characterization program, in accordance with 
the WIPP Compliance Criteria and Condition 3 of the EPA's May 13, 1998 
initial WIPP certification. The inspection evaluated the technical 
adequacy of this program's characterization of contact-handled (CH) TRU 
debris and solid waste. The EPA is proposing to approve a new LANL 
baseline that includes the significant changes the U.S. Department of 
Energy's (DOE's) Central Characterization Program (CCP) is implementing 
at Los Alamos. The TRU waste characterization program changes, 
particularly to the Acceptable Knowledge process, referred to as 
``enhanced AK'', address deficiencies identified by the DOE as among 
the root causes of the February 2014 radiation release at the WIPP. The 
EPA's baseline inspection report is available for review in the public 
dockets listed in the ADDRESSES section of this document. Until the EPA 
finalizes its baseline approval decision, the DOE Carlsbad Field Office 
(CBFO) may not recertify LANL-CCP's TRU waste characterization program 
and LANL-CCP may not ship any TRU waste to the WIPP for disposal.
    The EPA is also proposing to eliminate the distinction between 
retrievably-stored and newly-generated TRU waste characterized to meet 
the EPA's regulatory requirements for disposal at the WIPP. Since the 
July 2004 revisions to the WIPP Compliance Criteria (specifically the 
site inspection and approval process), the EPA has identified 
characterization of newly-generated waste as a Tier 1 change when 
issuing the site-specific baseline approvals. Elimination of any Tier 1 
change requirement is subject to public comment.

DATES: Comments must be received on or before August 28, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0231, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
electronically submit any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the web, 
cloud or other file sharing system). For

[[Page 32543]]

additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit: https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT:  Rajani Joglekar (202-343-9462) or 
Edward Feltcorn (202-343-9422), Radiation Protection Division, Center 
for Waste Management and Regulations, Mail Code 6608T, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, 
DC 20460; fax number: 202-343-2305; email address: 
[email protected]; or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The DOE operates the WIPP facility near Carlsbad in southeastern 
New Mexico as a deep geologic repository for disposal of TRU 
radioactive waste. TRU waste consists of waste generated as part of the 
DOE's weapons programs with radioactive materials having 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, which may 
be contaminated with hazardous chemicals, consists of items 
contaminated during the production of nuclear weapons, such as debris 
waste--rags, equipment, tools and solid waste--sludges and soil.
    Section 8(d)(2) of the WIPP Land Withdrawal Act (LWA) of 1992 
provided that the EPA would certify whether the WIPP facility will 
comply with the Agency's final disposal regulations, later codified at 
40 CFR part 191, subparts B and C. On May 13, 1998, the EPA announced 
its final compliance certification to the Secretary of Energy 
(published May 18, 1998; 63 FR 27354), certifying that the WIPP will 
comply with the disposal regulations. The EPA's certification of the 
WIPP was subject to various conditions, including conditions concerning 
quality assurance and waste characterization and relating, among other 
things, to EPA inspections, evaluations and approvals of the site-
specific TRU waste characterization programs to ensure compliance with 
various EPA regulatory requirements, including those at 40 CFR 
194.22(a)(2)(i), 194.22(c)(4), 194.24(c)(3) and 194.24(c)(5).
    The EPA's inspection and approval processes for waste generator 
sites, including quality assurance and waste characterization programs, 
are described at 40 CFR 194.8. Between November 2005 and April 2012, 
the EPA inspected waste characterization programs of previously 
approved sites per the above requirements. The WIPP compliance 
certification and the aforementioned regulations, as well as these 
inspection and approval processes, give the EPA discretion in 
establishing technical priorities; the ability to accommodate variation 
in the site's waste characterization capabilities; and flexibility in 
scheduling site waste characterization inspections.
    In accordance with the conditions in the WIPP compliance 
certification and relevant regulatory provisions, including 40 CFR 
194.8, the EPA conducts ``baseline'' inspections at waste generator 
sites, as well as subsequent occasional inspections to confirm 
continued compliance. As part of a baseline inspection, the EPA 
evaluates each waste characterization process component (equipment, 
procedures and personnel training/experience) for its adequacy and 
appropriateness in characterizing TRU waste destined for disposal at 
the WIPP. During the 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. The 
baseline inspection can result in approval with limitations/conditions 
or may require follow-up inspection(s) before approval. The approval 
specifies what subsequent program changes or expansion should be 
reported to the EPA.
    The EPA also assigns Tier 1 and Tier 2 designations to the 
reportable changes depending on their impact on the data quality. A 
Tier 1 designation requires that the site notify the EPA of proposed 
changes to the approved components of an individual waste 
characterization process (such as radioassay equipment or personnel), 
and that the Agency approve the change before it can be implemented. A 
waste characterization element with a Tier 2 designation allows the 
site to implement minor changes to the approved components of 
individual waste characterization processes (such as visual examination 
procedures) but requires notification to the EPA. The Agency may choose 
to inspect the site to evaluate technical adequacy before approval. The 
EPA inspections conducted to evaluate Tier 1 or Tier 2 changes are 
under the authority of the EPA's WIPP compliance certification 
conditions and the EPA regulations, including 40 CFR 194.8 and 
194.24(h). In addition to follow-up inspections, the EPA may opt to 
conduct continued compliance inspections at TRU waste sites with a 
baseline approval under the authority of Sec.  194.24(h).
    In accordance with 40 CFR 194.8, the EPA issues a Federal Register 
action proposing a baseline compliance decision, dockets the inspection 
report for public review, and seeks public comment on the proposed 
decision for a minimum period of 45 days. The report describes the 
waste characterization processes the EPA inspected at the site, as well 
as their compliance with 40 CFR 194.8 and 194.24 requirements.
    Currently, the CCP implements TRU waste characterization at three 
DOE sites: The Idaho National Laboratory, LANL and the Oak Ridge 
National Laboratory.
    May 23-25, 2006, the EPA performed a baseline inspection for 
characterizing contact-handled TRU waste at Los Alamos, and, on June 
21, 2007, issued its final baseline inspection report and approval of 
Los Alamos waste characterization processes. However, in February 2014, 
a radiation release occurred at the WIPP from a compromised drum 
containing contact-handled TRU sludge waste generated at Los Alamos 
that CCP characterized and certified as meeting the requirements for 
disposal. This drum contained nitrate salts, processed (treated to 
absorb free liquid using an organic material in mid-2013) and emplaced 
at the WIPP in late 2013. The DOE's Accident Investigation Board 
determined the cause of the radiation release was an exothermic 
reaction due to the use of incompatible, organic sorbent material 
instead of inorganic sorbents. The Investigation Board identified 
several programmatic and technical violations, including non-compliance 
with the New Mexico Environment Department (NMED) hazardous waste 
permit requirements. These findings required corrective actions by Los 
Alamos (the generator of WIPP-eligible TRU waste), the CCP (responsible 
for characterization and certification of WIPP-eligible waste 
containers), the DOE's Carlsbad Field Office (CBFO) and the DOE 
Headquarters Environmental Management office. The waste 
characterization-specific corrective actions required improvements in 
the following two technical areas:
     Collection, evaluation, documentation and verification of 
acceptable knowledge specific to the chemical contents of WIPP-bound 
TRU waste (especially chemical incompatibility and reactivity);
     evaluation and confirmation that waste treatment 
procedures completed to render containerized TRU waste

[[Page 32544]]

chemically-inert remain in compliance with NMED's Los Alamos-specific 
hazardous waste permit requirements and the WIPP Waste Acceptance 
Criteria.
    Between summer 2014 and spring 2015, CBFO made changes to the WIPP 
Waste Acceptance Criteria (the DOE requirements for WIPP-bound TRU 
waste). In June 2015, the CBFO issued Revision 8.0 of the WIPP Waste 
Acceptance Criteria, modifying the Acceptable Knowledge process. This 
modified process is referred to as the Enhanced Acceptable Knowledge 
process. The EPA determined that the changes to the Waste Acceptance 
Criteria and the Enhanced Acceptable Knowledge process implemented at 
TRU generator sites are significantly different from the processes the 
EPA evaluated during previous site-specific baseline inspections. As a 
result, the EPA concluded and informed the DOE that a new Los Alamos 
baseline inspection and approval would be a necessary step to evaluate 
the technical adequacy of the CCP-implemented Enhanced Acceptable 
Knowledge process at currently active TRU waste generator sites.

II. Proposed Baseline Compliance Decision

I.

    The purpose of EPA's baseline inspection was to:
    (1) Verify that contact-handled TRU waste being characterized 
remains in compliance with regulatory requirements, including the 
conditions of the EPA's WIPP compliance certification and 40 CFR 194.8 
and 194.24; and
    (2) understand how the revised DOE WIPP Waste Acceptance Criteria 
are incorporated within CCP's TRU waste characterization processes.
    The scope of the baseline inspection for determining technical 
adequacy of the waste characterization program elements (i.e., systems 
of controls) as implemented included:
     The Acceptable Knowledge process, focusing on the 
``Enhanced Acceptable Knowledge'' process for contact-handled TRU 
debris and solid waste.
     The nondestructive assay process, specifically, the High-
Efficiency Neutron Counter No. 3 at Technical Area No. 55.
     The visual examination process to identify waste material 
parameters and the physical form of contact-handled TRU waste as 
performed at Technical Area No. 55 and the Chemistry and Metallurgy 
Research facility.
     The WIPP Waste Data System controls that are in place to 
ensure that only fully characterized and certified TRU waste containers 
can be emplaced at the WIPP.
    The EPA inspection team identified no concerns as a result of this 
inspection. The EPA concludes that LANL-CCP has implemented a waste 
characterization program at Los Alamos for contact-handled TRU waste 
that is compliant with WIPP waste acceptance criteria, and which 
adequately implements the requirement for an Enhanced Acceptable 
Knowledge determination for WIPP-destined TRU waste containers. As 
discussed in the draft Los Alamos Baseline Inspection Report (see EPA 
Air Docket No. EPA-HQ-OAR-2017-0231), the EPA determines that the waste 
characterization program complies with regulatory requirements, 
including the conditions of EPA's WIPP compliance certification and 40 
CFR 194.8 and 194.24. As a result, the EPA is proposing to approve the 
LANL-CCP waste characterization program in the configuration observed 
during this inspection, consistent with the limitations described in 
the draft inspection report. In the event of changes to the waste 
characterization program arising or occurring after the date of the 
baseline inspection (February 7-9, 2017), the DOE must report those 
changes and, if applicable, receive EPA approval of such changes 
according to Table 1, in this preamble. If the EPA approves changes to 
the waste characterization program, the Agency will post the results of 
any evaluations relating to such changes through the EPA Web site/
docket and the WIPP-NEWS email listserv. As indicated in Table 1, in 
this preamble, LANL-CCP must report to EPA Tier 2 changes; such reports 
must be made four times a year, on a quarterly basis. In addition to 
evaluations of Tier 1 and Tier 2 changes, the EPA will conduct periodic 
inspections to verify that TRU waste characterization activities 
continue to comply with regulatory requirements, including the 
conditions of EPA's WIPP compliance certification and 40 CFR 194.8 and 
194.24, and continue to implement the EPA-approved processes, 
procedures and equipment as required by the WIPP waste acceptance 
criteria.
    The EPA's final approval decision regarding the contact-handled TRU 
waste characterization program at Los Alamos will be conveyed to the 
DOE separately by letter following the EPA's review of public comments. 
This information will be provided through the EPA Web site/docket and 
by emails to the WIPP-NEWS listserv.

 Table 1--Tiering of Contact-Handled Transuranic Waste Characterization
                    Processes Implemented by LANL-CCP
            [Based on February 7-9, 2017 Baseline Inspection]
------------------------------------------------------------------------
                                                       LANL-CCP waste
                                 LANL-CCP waste       characterization
      Process elements          characterization     process--T2 changes
                               process--T1 changes            *
------------------------------------------------------------------------
Acceptable Knowledge,         Characterization of   Submission of a list
 including Load Management.    SCG S4000 waste.      of active LANL-CCP
                              ....................   CH AKEs and SPMs
                              Any implementation     that performed work
                               of payload            during the previous
                               management..          quarter.
                                                    Notification to the
                                                     EPA upon completion
                                                     of or substantive
                                                     modification ** to:
                                                     CCP-TP-005
                                                     forms (Attachments
                                                     6, 7, 8 and 9) and
                                                     associated
                                                     memoranda (i.e.,
                                                     WMP, AK-NDA, add-
                                                     container
                                                     memoranda).
                                                     AK accuracy
                                                     reports (annually,
                                                     at a minimum).
                                                     AK
                                                     reassessment
                                                     memoranda and
                                                     Discrepancy
                                                     Resolution Reports.
                                                     WSPFs and
                                                     any associated
                                                     change notices.
                                                     AKSRs.

[[Page 32545]]

 
                                                     Site
                                                     procedures
                                                     requiring CBFO
                                                     approval.
                                                     Enhanced AK
                                                     documents such as
                                                     AKAs (including
                                                     addition of new
                                                     figures), CCEMs and
                                                     BOK memoranda.
Nondestructive Assay........  New equipment or      Submission of a list
                               substantive           of LANL-CCP NDA
                               physical              operators, EAs and
                               modifications** to    ITRs that performed
                               approved equipment.   work during the
                                                     previous quarter.
                              Extension of or       Notification to the
                               changes to approved   EPA upon
                               calibration ranges    substantive
                               for approved          modification ** to:
                               equipment.
                                                     Software
                                                     for approved
                                                     equipment.
                                                     Operating
                                                     ranges upon CBFO
                                                     approval.
                                                     Site
                                                     procedures
                                                     requiring CBFO
                                                     approval.
Real-Time Radiography.......  Any implementation    None.
                               of the real-time
                               radiography process.
Visual Examination..........  Implementation of     Submission of a list
                               any visual            of LANL-CCP VE
                               examination process   operators, VE
                               for SCG S4000 waste.  Experts and ITRs
                                                     that performed work
                                                     during the previous
                                                     quarter.
                                                    Notification to the
                                                     EPA upon
                                                     substantive
                                                     modification** to
                                                     site procedures
                                                     requiring CBFO
                                                     approval, including
                                                     OSRP visual
                                                     examination
                                                     technique
                                                     procedure.
------------------------------------------------------------------------
* LANL-CCP will report all T2 changes to the EPA every three months.
** ``Substantive modification'' refers to a change with the potential to
  affect LANL-CCP's CH waste characterization processes or documentation
  of them, excluding changes that are solely related to the environment,
  safety and health; nuclear safety; or the Resource Conservation and
  Recovery Act; or that are editorial in nature or are required to
  address administrative concerns. The EPA may request copies of new
  references that DOE adds during a document revision.

III. Availability of the Baseline Inspection Report for Public Comment

I.

    The EPA has placed the draft report discussing the results of the 
inspection of the waste characterization program at Los Alamos in the 
public docket as described in the ADDRESSES section of this document. 
In accordance with 40 CFR 194.8, the EPA is providing the public 45 
days to comment on these documents and the EPA's proposed decision to 
accept the waste characterization program. The Agency requests comments 
particularly concerning the Enhanced Acceptable Knowledge process, a 
major significant change to address the DOE Accident Investigation 
Board findings. The EPA will accept public comments on this action and 
supplemental information as described in Section 1.B in this preamble. 
At the closing of the public comment period, EPA will evaluate all 
relevant public comments and, as the EPA may deem appropriate and 
necessary, revise the inspection report and the EPA's proposed decision 
or take other appropriate action. If the Agency concludes that there 
are no unresolved issues after the public comment period, the Agency 
will issue an approval letter and the final inspection report. The 
letter of approval will authorize the DOE to use the approved TRU waste 
characterization processes to characterize waste at Los Alamos. In 
addition, as discussed later in this preamble, the Tier 1 designation 
for newly-generated contact-handled waste will not remain in the new 
Los Alamos contact-handled TRU waste tiering table.
    Information on the approval decision will be filed in the official 
public docket opened for this action on https://www.regulations.gov, 
Docket ID No. EPA-HQ-OAR-2017-0231 (as listed in the ADDRESSES section 
of this document).

IV. Eliminating Distinction for Retrievably-Stored and Newly-Generated 
TRU Waste

    The DOE (in its original WIPP Waste Acceptance Criteria) and the 
NMED (in its 1999 WIPP Hazardous Waste Permit, including the WIPP Waste 
Analysis Plan [WAP]) identified the TRU waste characterized for WIPP 
disposal based on its generation time period as follows:
     Retrievably-stored waste was defined as:

--TRU mixed waste generated after 1970; and
--That generated before the NMED's notification to permittees 
indicating that the WIPP WAP-based characterization requirements are 
appropriately implemented at a generator/storage site.

     Newly-generated waste was defined as waste produced by the 
generator/storage site after NMED notification that it has 
appropriately implemented the NMED-approved WIPP WAP-based waste 
characterization requirements.
    The EPA's original WIPP Performance Assessment and subsequent 
Compliance Recertification Application decisions incorporated the 
earlier distinction. Also, in connection with its certification of the 
WIPP's compliance with 40 CFR part 191, subparts B and C, the EPA 
discussed the distinction between these two categories (63 FR 27354, 
27392; May 18, 1998). Additionally, the EPA incorporated the NMED's 
Waste Analysis Plan as part of the ``system of controls'' for 
characterizing WIPP-destined TRU waste for compliance with 40 CFR 
194.24(c). Similarly, site-specific waste characterization programs 
maintained that distinction to remain in compliance with the DOE WAC 
identification of different characterization pathways. In 2013, NMED 
approved a hazardous waste permit modification request where AK 
remained as the sole characterization method for hazardous waste 
determination, which includes assigning RCRA hazardous waste numbers 
for chemical contents of the waste containers. This eliminated the need 
to use separate waste characterization pathways for newly-

[[Page 32546]]

generated and retrievably-stored waste and the WIPP Waste Acceptance 
Criteria was revised accordingly. Also, when characterizing these two 
categories of wastes, the same EPA-approved TRU waste characterization 
processes and procedures are used to characterize physical and 
radiological contents of each waste container, and, thus, there is no 
technical basis to maintain this distinction.
    Pursuant to the 2004 rulemaking changes to 40 CFR 194.8 for all 
waste, the EPA required characterization of newly-generated waste as a 
T1 change under AK at all sites where its characterization was not 
demonstrated as part of the baseline inspections. The 2013 NMED WIPP 
hazardous waste permit changes discussed above negated this 
distinction. Therefore, to be consistent with the revised NMED 
hazardous waste permit and the DOE's revised WIPP Waste Acceptance 
Criteria, the EPA intends to no longer distinguish, in its waste 
characterization program inspection, review and evaluation activities, 
between newly-generated and retrievably-stored waste. Accordingly, the 
EPA is proposing to remove from the site-specific tiering tables the 
Acceptable Knowledge T1 change requirement for newly-generated waste at 
all sites characterizing TRU waste. This proposed action would 
streamline the need for the DOE to submit duplicative TRU waste 
approval requests and for subsequent duplicative EPA evaluation and 
approvals. The EPA seeks comment on this proposed action. After 
evaluating public comments, if the EPA concludes that there are no 
unresolved issues, the Agency will issue a letter authorizing the DOE 
to eliminate the distinction between retrievably-stored and newly-
generated TRU waste. The Agency will also revise site-specific tiering 
tables as necessary to remove the existing Tier 1 change requirement 
for newly-generated TRU waste when issuing the next site-specific waste 
characterization program approval, as well as file all official 
documentation in its public docket (as described in Section IV in this 
preamble).

    Dated: June 26, 2017.
Jonathan Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2017-14833 Filed 7-13-17; 8:45 am]
 BILLING CODE 6560-50-P