[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40263-40266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13084]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2023-0226; 10963-01-OAR]


Proposed Baseline Approval of the Contact-Handled Transuranic 
Waste Characterization Program Implemented at the Department of 
Energy's Argonne National Laboratory, Lemont, Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; opening of a 45-day public comment 
period.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
announcing the availability of, and soliciting public comments on, the 
proposed ``baseline'' approval of the contact-handled (CH) transuranic 
(TRU) debris waste characterization program implemented by the Central 
Characterization Program (CCP) at the U.S. Department of Energy's (DOE) 
Argonne National Laboratory in Lemont, IL. The inspections supporting 
this proposed baseline approval took place from November 15-17, 2022 
remotely and on site in Lemont, IL. EPA identified no findings or 
concerns and proposes to approve the ANL-CCP CH TRU debris waste 
characterization program. EPA's report documenting the inspection 
results and proposed baseline approval is available for review in the 
public docket listed in the ADDRESSES section of this document. Until 
the Agency finalizes its baseline approval decision, the DOE Carlsbad 
Field Office may not certify ANL-CCP's CH waste characterization 
program and the site may not ship transuranic waste to the Waste 
Isolation Pilot Plant for disposal.

DATES: Comments must be received on or before August 7, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2023-0226, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. 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

[[Page 40264]]

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. 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: http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jerry Ellis (202-564-2766) 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; 
email addresses: [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 electronic 
media that you mail to EPA, mark the outside of the electronic media as 
CBI and then identify electronically within the files what specific 
information 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 EPA-HQ-OAR-2023-
0226 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

    The DOE operates the Waste Isolation Pilot Plant (WIPP) facility 
near Carlsbad in southeastern New Mexico as a deep geologic repository 
for disposal of defense-related TRU radioactive waste. TRU waste 
contains more than 100 nanocuries of alpha-emitting TRU isotopes, with 
half-lives greater than twenty years, per gram of waste. Much of the 
existing TRU waste, which may also 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). Legacy weapons production facilities, 
including ANL, that have generated TRU waste for shipment to and 
disposal at WIPP are expected use approved waste characterization 
programs.
    EPA's inspection and approval processes for waste generator sites, 
including quality assurance and waste characterization programs, are 
described at 40 CFR 194.8. The Agency 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, EPA conducts ``baseline'' inspections at waste generator sites, 
as well as subsequent inspections to confirm continued compliance. As 
part of a baseline inspection, 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 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, EPA 
specifies what subsequent program changes should be reported to the 
Agency, referred to as Tier 1 (T1) or Tier 2 (T2) changes, depending 
largely on the anticipated effect of the changes on data quality.
    A T1 designation requires that the DOE Carlsbad Field Office (CBFO) 
provide to 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. T2 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 Agency approval. The inspections conducted to evaluate T1 or 
T2 changes are under the authority of EPA's WIPP compliance 
certification conditions and regulations, including 40 CFR 194.8 and 
194.24(h). In addition to follow-up inspections, 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, 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 Agency inspected at the site, as 
well as their compliance with 40 CFR 194.8 and 194.24 requirements.

A. Proposed Baseline Decision

    This notice announces EPA's proposed baseline approval of the CH 
TRU waste characterization program implemented by the CCP at the DOE's 
Argonne National Laboratory. In accordance with 40 CFR 194.8(b), EPA 
conducted Baseline Inspection No. ANL-CCP-CH-Baseline-2022 on November 
15-17, 2022, remotely and at Argonne National Laboratory. Upon EPA's 
final approval, the DOE may emplace ANL-CCP CH TRU waste in the WIPP.
    ANL is located in Lemont, Illinois, approximately 25 miles 
southwest of downtown Chicago. Originally founded

[[Page 40265]]

in 1946 as the first national laboratory, ANL grew from conducting 
initial experiments performed at the University of Chicago to producing 
plutonium for nuclear weapons. Since then, ANL has supported research 
and development of nuclear reactors and related systems, materials, and 
components for civilian and national defense programs. This work 
historically included development of essentially all domestic reactor 
systems in use today for isotope production, power generation and naval 
submarine propulsion, as well as applications for weapons destruction, 
defense waste management, defense safeguards and security and space 
propulsion. Currently, ANL is a multi-disciplinary research laboratory 
that performs basic and applied work in engineering, chemistry, 
physics, materials and environmental studies. Transuranic waste-
generating activities at ANL consist mainly of cleaning out buildings 
or other areas previously used for a variety of research activities.
    EPA is proposing to approve the ANL-CCP waste characterization 
program implemented to characterize CH TRU waste as documented in the 
accompanying inspection report. Specifically, the proposed approval 
includes:

    (1) The AK (Acceptable Knowledge) process for ANL CH TRU waste.
    (2) The MILCC5 (Mobile ISOCS Large Container Counter No. 5) NDA 
(Non-destructive assay) system and processes for characterizing CH 
TRU waste.
    (3) The VE (Visual Examination) process to identify waste 
material parameters and the physical form of CH TRU waste.

Any changes to the waste characterization activities after the date of 
the baseline inspection must be reported to and, if applicable, 
approved by EPA according to Table 1 below. All T1 changes must be 
submitted for approval before their implementation and will be 
evaluated by EPA. Upon approval, the Agency will post the results of 
the evaluations in EPA's general WIPP docket at regulations.gov (Docket 
No. EPA-HQ-OAR-2001-0012). ANL-CCP must submit T2 changes at the end of 
the fiscal year quarter in which they were implemented.
    EPA's final approval decision regarding the ANL-CCP CH waste 
characterization program will be conveyed to the DOE separately by 
letter following EPA's review of public comments received in response 
to this notice and proposed approval discussed in the inspection 
report. This information will be provided through EPA's WIPP docket 
provided for this action at regulations.gov (Docket No. EPA-HQ-OAR-
2023-0226), in accordance with 40 CFR 194.8(b)(3).

                                                     Table 1
                  [Based on November 15-17, 2022, Baseline Inspection ANL-CCP-CH-Baseline-2022]
----------------------------------------------------------------------------------------------------------------
                                           ANL-CCP CH waste
          Process elements            characterization process--   ANL-CCP CH waste characterization process--T2
                                              T1 changes                             changes *
----------------------------------------------------------------------------------------------------------------
Acceptable Knowledge (AK)..........  Implementation of payload    Submission of a list of active ANL-CCP CH AK
                                      management.                  experts and site project managers
                                                                  Notification to EPA upon availability of or
                                                                   substantive modification ** to:
                                                                   AK summary reports (e.g., CCP-AK-ANLE-
                                                                   002)
                                                                   AK accuracy reports (annually, at a
                                                                   minimum)
                                                                   Waste stream profile forms and any
                                                                   associated change notices
                                                                   Add container memoranda
                                                                   Site AK procedures requiring CBFO
                                                                   approval ***
                                                                   Enhanced AK documents such as CCP-TP-
                                                                   005, Attachment 9 forms and AK Assessment,
                                                                   CCE and Basis of Knowledge memoranda
                                                                   (including addition of new figures or
                                                                   attachments).
Nondestructive Assay (NDA).........  New equipment or             Submission of a list of ANL-CCP NDA operators,
                                      substantive physical         expert analysts and independent technical
                                      modifications ** to          reviewers that performed work during the
                                      approved equipment.          previous quarter
                                     Extension of or changes to   Notification to EPA upon substantive
                                      approved calibration         modification ** to:
                                      ranges for approved          Software for approved equipment
                                      equipment.                   Operating ranges upon CBFO approval
                                     Measurement geometries        Site NDA procedures requiring CBFO
                                      other than 55-gallon drums.  approval. ***
Visual Examination (VE)............  VE for non-debris waste....  Submission of a list of ANL-CCP VE operators,
                                     VE by any process other       VE experts and independent technical
                                      than ANL-CCP VE operators    reviewers that performed work during the
                                      observing ANL waste          previous quarter
                                      handlers package the waste  Notification to EPA upon substantive
                                      in a glovebox, as            modification ** to site VE procedures
                                      demonstrated during the      requiring CBFO approval. ***
                                      2022 baseline inspection.
Real-time Radiography (RTR)........  Implementation of RTR......
----------------------------------------------------------------------------------------------------------------
* ANL-CCP will report all T2 changes to EPA every three months.
** ``Substantive modification'' refers to a change with the potential to affect ANL-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. EPA may request copies of new
  references that the DOE adds during a document revision.
*** Site procedures include any procedures used by ANL-CCP personnel that require Carlsbad Field Office (CBFO)
  approval. This includes ANL-CCP-specific procedures as well as applicable CCP-wide procedure.

III. Availability of the Baseline Inspection Report and Proposed 
Approval for Public Comment

    EPA has placed the report discussing the results of the inspection 
of the CH TRU waste characterization program at ANL 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 this and EPA's proposed decision to approve the ANL-
CCP CH TRU waste characterization program. The Agency will accept 
public comment on this

[[Page 40266]]

notice and supplemental information as described in Section I above. At 
the end of the public comment period, EPA will evaluate all relevant 
public comments and, as the Agency may deem appropriate and necessary, 
revise the report and proposed approval or take other appropriate 
action. If EPA concludes that there are no unresolved issues after the 
public comment period, the Agency will issue an approval letter and the 
final report. The letter of approval will authorize the DOE to approve 
the ANL-CCP waste characterization program implemented to characterize 
CH TRU waste at ANL.
    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-2023-0226 (as listed in the ADDRESSES section of this 
document).

Jonathan Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2023-13084 Filed 6-20-23; 8:45 am]
BILLING CODE 6560-50-P