[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9310-9313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04423]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2017-0650; FRL-9975-04-OAR]


Proposed Approval of the Transuranic Waste Characterization 
Program at Idaho National Laboratory's Advanced Mixed Waste Treatment 
Project

AGENCY: Environmental Protection Agency (EPA).

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 comment on, this 
proposed action. On August 8-10, 2017, the Agency conducted a baseline 
inspection of the Advanced Mixed Waste Treatment Project (AMWTP)'s 
transuranic (TRU) waste characterization program at Idaho National 
Laboratory (INL), in accordance with the Waste Isolation Pilot Plant 
(WIPP) Compliance Criteria and Condition 3 of the EPA's initial May 13, 
1998 WIPP certification, as amended. The inspection evaluated the 
technical adequacy of this program's characterization of contact-
handled TRU debris and solid waste. The EPA is proposing to approve a 
new AMWTP baseline that includes the significant changes that have been 
implemented at INL since mid-2016. The TRU waste characterization 
program changes, particularly to the Acceptable Knowledge process, 
referred to as ``enhanced AK'', address deficiencies identified by the 
Department of Energy (DOE) as among the root causes of the February 
2014 radiation release at the WIPP. The EPA's draft 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 the AMWTP's TRU waste characterization program and the 
AMWTP may not ship any TRU waste unless it meets the requirements of 
the June 2017 revisions to the DOE's WIPP Waste Acceptance Criteria to 
the WIPP for disposal.

DATES: Comments must be received on or before April 19, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0650, 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 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. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to the 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 the 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).

[[Page 9311]]

     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

    The DOE operates the WIPP facility near Carlsbad in southeastern 
New Mexico as a deep geologic repository for disposal of defense-
related TRU radioactive waste. TRU waste consists of any radioactive 
materials generated a part of the defense or non-defense activities 
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, 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 relating 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 194.8, 
194.22(a)(2)(i), 194.22(c)(4), 194.24(c)(3) and 194.24(c)(5). In 
addition, under the LWA, the initial WIPP certification was subject to 
quinquennial (every five years) recertification by EPA.
    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. EPA has 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 inspections to confirm continued 
compliance. As part of a baseline inspection, the EPA evaluates each 
waste characterization process component (equipment, procedures and 
personnel training and experience) for adequacy and appropriateness in 
characterizing TRU waste intended 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 and conditions or may require 
follow-up inspection(s) before approval. Within the approval 
documentation, the EPA specifies what subsequent program changes should 
be reported to the EPA, referred to as Tier 1 or Tier 2 changes, 
depending largely on the anticipated affect of the changes on data 
quality.
    A Tier 1 designation requires that the CBFO provide to the EPA 
documentation on proposed changes to the approved components of an 
individual site-specific waste characterization process (such as 
radioassay equipment) which the Agency must approve before the change 
can be implemented. Tier 2 designated changes are minor changes to the 
approved components of individual waste characterization processes 
(such as visual examination procedures) which must also be reported to 
EPA, but the site may implement such changes without awaiting EPA 
approval. After receiving notification of Tier 1 changes, the Agency 
may choose to inspect the site to evaluate technical adequacy. 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 
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 the WIPP compliance certification regulations, including 
Sec.  194.24(h).
    In accordance with 40 CFR 194.8, the EPA issues a Federal Register 
notice 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.
    In October 2006, the EPA approved the AMWTP's contact-handled TRU 
waste characterization program. Between 2006 and 2015, the EPA 
conducted continued compliance inspections to verify that the AMWTP 
continued to characterize waste using the EPA-approved waste 
characterization program components. The EPA also approved Tier 1 
changes that added new waste streams, equipment, processes and 
procedures or significantly revised the EPA-approved waste 
characterization activities. However, after the February 2014 WIPP 
incident resulting from an exothermic reaction in one of the emplaced 
waste containers, the DOE implemented changes to the WIPP Waste 
Acceptance Criteria. These changes required documentation of waste 
treatment related information which necessitated that the AMWTP make 
changes to one of the waste characterization program component, namely, 
Acceptable Knowledge. The EPA determined that these changes to the 
Waste Acceptance Criteria are significantly different from the 
processes which the EPA evaluated during previous site-specific 
baseline and continued compliance inspections. As a result, in the fall 
of 2016, the EPA informed the DOE that a new AMWTP baseline inspection 
and approval would be a necessary step to evaluate the technical 
adequacy of the newly-implemented Enhanced Acceptable Knowledge process 
at the AMWTP. At that time, the EPA also informed the DOE that the 
baseline inspection would occur during the latter part of the 2017 
fiscal year. These include improvements in the following two technical 
areas:
     Collection, evaluation, documentation and verification of 
Acceptable Knowledge specific to the chemical contents of WIPP-bound 
TRU

[[Page 9312]]

waste (especially chemical incompatibility and reactivity);
     Evaluation and confirmation that waste treatment 
procedures completed to render containerized TRU waste chemically-inert 
(that is, the waste does not exhibit any of the three hazardous waste 
characteristics of ignitability, corrosiveness and reactivity defined 
in 40 CFR part 261, subpart C.
    The purpose of EPA's baseline inspection at AMWTP 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 the AMWTP'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 
AK process for contact-handled TRU waste identified with the following 
Summary Category Groups:

[cir] S5000, heterogeneous debris
[cir] S4000, soils
[cir] S3000, homogeneous solids

     The four nondestructive assay processes evaluated include:

[cir] Canberra Integrated Waste Assay Systems (IWAS)
[cir] Retrieval Box Assay System (RBAS)
[cir] Waste Assay Gamma Spectrometer (WAGS)
[cir] Stored Waste Examination Pilot Plant (SWEPP) Gamma-Ray 
Spectrometer (SGRS)

     Visual examination and three real-time radiography units 
for characterizing the physical waste components of TRU waste 
containers belonging to all contact-handled waste types listed above.

III. Proposed Baseline Compliance Decision

    The EPA conducted inspections at INL on August 8-10, 2017. The 
inspection team identified no concerns or findings as a result of this 
inspection. The EPA is concluding that the AMWTP-implemented waste 
characterization program meets the EPA regulatory requirements and is 
compliant with the WIPP waste acceptance criteria for an Enhanced 
Acceptable Knowledge determination for WIPP-destined TRU waste 
containers. As discussed in the draft AMWTP Baseline Inspection Report 
(contained in EDOCKET No. EPA-HQ-OAR-2017-0650), the EPA determines 
that the waste characterization program also complies with the Agency's 
regulatory requirements, including those conditions outlined in the 
WIPP compliance certification and 40 CFR 194.8 and 194.24. The EPA is 
proposing to approve the AMWTP waste characterization program in the 
configuration observed during this inspection, consistent with the 
limitations described in the draft inspection report. When approved, 
the AMWTP can continue using the approved program components to 
characterize contact-handled waste in accordance with the conditions 
and restrictions discussed in the final inspection report accompanying 
the EPA approval letter. The Agency is proposing to approve the 
following components of the AMWTP waste characterization program 
inspected in August 2017. Specifically, the proposed approval includes:
     The enhanced AK process.
     The four nondestructive assay systems (IWAS, RBAS, WAGS 
and SGRS) listed above.
     The visual examination and real time radiography processes 
to identify waste material parameters and the physical form of the 
waste.
    The EPA is further proposing that, in the event of changes to the 
waste characterization program arising or occurring after the date of 
the baseline inspection, the DOE must report those changes and, if 
applicable, receive the Agency's approval of such changes according to 
Table 1, below. All Tier 1 changes must be submitted for approval 
before their implementation and will be evaluated by the EPA. 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 website and docket and the WIPP-NEWS email listserv. 
Also as indicated in Table 1, the AMWTP must report Tier 2 changes to 
the EPA on a quarterly basis. In addition to evaluations of Tier 1 and 
Tier 2 changes, the Agency will conduct periodic inspections to verify 
that TRU waste characterization activities continue to comply with 
regulatory requirements, including the conditions of the 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.

 Table 1--Tiering of Contact-Handled Transuranic Waste Characterization
                 Processes Implemented by the AMWTP \1\
            [Based on August 8-10, 2017 baseline inspection]
------------------------------------------------------------------------
                                   AMWTP waste          AMWTP waste
                                 characterization     characterization
       Process elements          process--Tier 1      process--Tier 2
                                     changes             changes *
------------------------------------------------------------------------
Acceptable Knowledge (AK),      None.............  Submission of a list
 including Payload Management.                      of active AMWTP CH
                                                    AKEs and SPMs who
                                                    performed work
                                                    during the previous
                                                    quarter.
                                                   Notification to the
                                                    EPA upon completion
                                                    of or substantive
                                                    modification ** to:
                                                       RPT-TRUW-
                                                       05, RPT-TRUW-07
                                                       and RPT-TRUW-12.
                                                       AK
                                                       accuracy reports
                                                       (annually, at a
                                                       minimum).
                                                       WSPFs and
                                                       any associated
                                                       change notices.
                                                       AKSRs and
                                                       generator-site-
                                                       specific AK
                                                       documents.
                                                       Site
                                                       procedures
                                                       requiring DOE
                                                       CBFO approval.
                                                       The
                                                       payload
                                                       management status
                                                       of approved waste
                                                       streams.
                                                       Enhanced
                                                       AK documents such
                                                       as IWMDL forms
                                                       and AKA, CCE and
                                                       BoK memoranda.
Nondestructive Assay (NDA)....  New equipment or   Submission of a list
                                 substantive        of AMWTP NDA
                                 physical           operators, EAs and
                                 modifications **   ITRs who performed
                                 to approved        work during the
                                 equipment.         previous quarter.

[[Page 9313]]

 
                                Extension of or    Notification to the
                                 changes to         EPA upon substantive
                                 approved           modification ** to:
                                 calibration        Software for
                                 ranges for         approved equipment.
                                 approved           Operating
                                 equipment.         ranges upon DOE CBFO
                                                    approval.
                                                    Site
                                                    procedures requiring
                                                    DOE CBFO approval.
Real-Time Radiography (RTR)...  New equipment or   Submission of a list
                                 substantive        of AMWTP RTR
                                 physical           operators and ITRs
                                 modifications **   who performed work
                                 to approved        during the previous
                                 equipment.         quarter.
                                Implementation of  Notification to the
                                 any new real-      EPA upon substantive
                                 time radiography   modification ** to
                                 process.           site procedures
                                                    requiring DOE CBFO
                                                    approval.
Visual Examination (VE).......  Implementation of  Submission of a list
                                 any new visual     of AMWTP VE
                                 examination        operators, VE
                                 process.           Experts and ITRs
                                                    that performed work
                                                    during the previous
                                                    quarter.
                                                   Notification to the
                                                    EPA upon substantive
                                                    modification ** to
                                                    site procedures
                                                    requiring DOE CBFO
                                                    approval.
------------------------------------------------------------------------
\1\ For various acronyms, see the referenced AMWTP baseline inspection
  report in the EPA's Air Docket.
* The AMWTP will report all T2 changes to the EPA every three months.
** ``Substantive modification'' refers to a change with the potential to
  affect the AMWTP'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 the DOE adds during a document revision.

    The EPA's final approval decision regarding the contact-handled TRU 
waste characterization program at the AMWTP will be conveyed to the DOE 
separately by letter following review of public comments. This decision 
and accompanying report will be posted on the EPA's WIPP website and 
electronic docket.

IV. Availability of the Baseline Inspection Report for Public Comment

    The EPA has placed the draft report discussing the results of the 
inspection of the waste characterization program at the AMWTP in the 
public docket as described in the ADDRESSES section of this document. 
In accordance with 40 CFR 194.8, the Agency 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 made by the AMWTP to their existing waste 
characterization program. The EPA will accept public comment on this 
notice and supplemental information as described in Section 1 of this 
document. At the end of the public comment period, the EPA will 
evaluate all relevant public comments and, as the Agency may deem 
appropriate and necessary, revise the inspection report and proposed 
decision or take other appropriate action. If the EPA 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 the AMWTP.
    Information on the approval decision will be filed in the official 
public docket opened for this action on www.regulations.gov, Docket ID 
No. EPA-HQ-OAR-2017-0650 (as listed in the ADDRESSES section of this 
document).

    Dated: February 12, 2018.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2018-04423 Filed 3-2-18; 8:45 am]
 BILLING CODE 6560-50-P