[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 35008-35010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08937]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 268
[EPA-HQ-OLEM-2023-0372; FRL 11026-02-OLEM]
Department of Energy Hanford Mixed Radioactive Waste Land
Disposal Restrictions Variance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The United States Environmental Protection Agency (EPA) is
granting a treatment variance, requested by the U.S. Department of
Energy (DOE) in an August 1, 2023, petition, from the Land Disposal
Restrictions (LDR) treatment standards for approximately 2,000 gallons
of mixed hazardous low-activity radioactive waste from DOE's Test Bed
Initiative (TBI) for the Hanford Site in Washington State. The petition
requested approval for DOE to treat the TBI waste to the LDR technology
standard of stabilization (STABL) with verification of meeting LDR
concentration-based and Toxicity Characteristic Leaching Procedure-
based standards as applicable for the relevant waste codes.
DATES: This final rule is effective on May 1, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OLEM-2023-0372. All documents in the docket are
listed on the http://www.regulations.gov website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bethany Russell, Waste
Characterization Branch, Materials Recovery and Waste Management
Division, Office of Resource Conservation and Recovery (5304P),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-566-0823; email address:
[email protected].
I. General Information
A. Does this action apply to me?
This action applies only to DOE's Hanford facility located in
Richland, Washington.
B. What action is the Agency taking?
The EPA is finalizing the variance from the LDR treatment standards
for approximately 2,000 gallons of mixed hazardous low-activity
radioactive waste from DOE's TBI requested by DOE in an August 1, 2023,
petition, for the Hanford Site in Washington State. The EPA is
finalizing the variance without alteration and codifying the proposed
modification to Table 1 to paragraph (o) of 40 CFR 268.44 for the TBI
demonstration petition for the reasons stated in the preamble to the
November 28, 2023, proposal and in the Agency's responses to the
comments received on the proposal.
C. What is the Agency's authority for taking this action?
Sections 3004(d) through (g) of the Resource Conservation and
Recovery Act (RCRA), 42 U.S.C. 6294(d)-(g), prohibit the land disposal
of hazardous wastes unless such wastes meet the LDR treatment standards
(or treatment standards) established by EPA (or the Agency). Section
3004(m) of RCRA, 42 U.S.C. 6924(m), requires EPA to set levels or
methods of treatment, if any, which substantially diminish the toxicity
of the waste or substantially reduce the likelihood of migration of
hazardous constituents from the waste so that short-term and long-term
threats to human health and the environment are minimized. EPA has
established treatment standards for all hazardous wastes.
However, when facilities generate hazardous wastes which cannot be
treated to the specified levels, or when it is technically
inappropriate for such wastes to undergo the prescribed treatment, they
can apply for a variance from a treatment standard.\1\ The requirements
for a treatment variance are found at 40 CFR 268.44. An applicant for a
treatment variance may demonstrate that it is inappropriate to require
a waste to be treated to the level or by the method specified as the
treatment standard, even though such treatment is technically possible.
This is the criterion pertinent to this action.\2\
[[Page 35009]]
The petitioner must also demonstrate that compliance with any given
treatment variance is sufficient to minimize threats to human health
and the environment posed by land disposal of the waste.
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\1\ See 51 FR 40605-40606 (November 7, 1986); see also 62 FR
64504 (December 5, 1997).
\2\ According to 40 CFR 268.44(a)(2), a petitioner may obtain a
variance from an applicable treatment standard if it is
inappropriate to require the waste to be treated to the level
specified in the treatment standard or by the method specified as
the treatment standard, even though such treatment is technically
possible. To show that this is the case, as applicable here, the
petitioner must demonstrate that treatment to the specified level or
by the specified method is technically inappropriate (for example,
resulting in combustion of large amounts of mildly contaminated
environmental media).
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II. Background
A. The Petition
On August 2, 2023, the EPA received a petition from the DOE
requesting a variance from a treatment standard of the LDR of 40 CFR
268.40 for disposal of approximately 2,000 gallons of hazardous wastes
generated from DOE's TBI.
On November 28, 2023, the EPA solicited public comments on a draft
approval of the petition (88 FR 83065). The public comment period ended
December 28, 2023. The EPA received thirteen (13) comments on the
proposed rulemaking. The full text of the comments is in the Docket
(EPA-HQ-OLEM-2023-0372). The EPA appreciates all the comments and has
provided a brief summary, below, of common themes found in the comments
and the EPA's responses. The EPA has provided comprehensive responses
to all the comments in a document titled ``Responses to Comments on
November 28, 2023, Proposed RCRA Land Disposal Restrictions Treatment
Variance for Hanford Test Bed Initiative Wastes,'' which is in the
Docket. The agency carefully considered all the points raised and has
concluded that the comments do not provide reason for the EPA to deny
the petition or to modify the approval as it was proposed.
B. Brief Summary of Common Themes in Comments Received and the EPA's
Responses
Most commenters agreed that the EPA should approve a treatment
variance for the TBI waste. Several commenters opined that the EPA
should approve a broader variance applicable to a larger quantity of
waste. Some commenters took issue with proposed approval for DOE to
stabilize and dispose of the waste at only the two off-site facilities
requested by DOE. Several commenters specifically took issue with the
proposed approval for DOE to transport pretreated TBI waste in liquid
form for treatment at the two facilities--located in Texas and Utah--
expressing concern about the risks of transporting liquid waste over
long distances and requesting that the EPA require that the treatment
be conducted at or near the Hanford site.
One commenter questioned the desirability and efficacy of grouting
for Hanford tank waste.
The comments, EPA's fuller summaries, and the EPA's full responses
are included in the docket for this rule. The EPA very briefly
summarizes some overarching points from its responses below.
This rule approves the petition that DOE submitted because the EPA
has determined that the variance meets the two applicable criteria in
40 CFR 268.44(a): vitrification of the 2000 gallons of TBI waste would
be technically inappropriate in view of the conditions specified in the
variance, and the treatment authorized by the variance will minimize
threats to human health and the environment posed by land disposal of
the waste. Although several commenters argued that other approaches to
treating and disposing of the waste would be preferable, the EPA's
approval is not based on the overall desirability of the requested
approach as compared to other possible approaches that DOE did not
request. Rather, the EPA's approval is based on and limited to its
assessment of the petition that DOE submitted.
In this regard, it is important to recognize the EPA's limited role
in the TBI. The EPA supports the TBI as a vehicle to evaluate the
regulatory pathways for stabilization of some portion of Hanford tank
waste and supports making progress on the Hanford tank waste mission.
Moreover, the EPA believes the TBI aligns with the overall
recommendations in a number of federally funded research and
development center reports commissioned by Congress, National Academies
of Sciences reports, and reports by the General Accountability Office.
However, the EPA did not design the TBI. Within the Federal Government,
DOE is primarily responsible for determining treatment and disposal
approaches for Hanford waste within the appropriate regulatory
frameworks. The variance does not compel the TBI; it simply provides
for TBI-specific LDR standards that will apply to the subject waste.
Finally, the EPA emphasizes that the variance is limited to the
specific 2000 gallons of TBI waste that DOE requested receive an LDR
variance, and that the EPA evaluated. The EPA expresses no view as to
the appropriateness of any variances DOE may request in the future for
any other Hanford waste.
List of Subjects in 40 CFR Part 268
Environmental protection, Hazardous waste, Mixed waste and
variances.
Barry N. Breen,
Principal Deputy Assistant Administrator, Office of Land and Emergency
Management.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 268--LAND DISPOSAL RESTRICTIONS
0
1. The authority citation for part 268 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
0
2. In Sec. 268.44, the table in paragraph (o) is amended by adding in
alphabetical order an entry for ``United States Department of Energy
(Energy), Richland, WA,'' and adding four footnotes ``17'', ``18'',
``19'', and ``20'' in numerical order to read as follows:
Sec. 268.44 Variance from a treatment standard.
* * * * *
(o) * * *
[[Page 35010]]
Table--Wastes Excluded From the Treatment Standards Under Sec. 268.40
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Wastewaters Nonwastewaters
Regulated hazardous ----------------------------------------------------------------
Facility name \1\ and address Waste code See also constituent Concentration (mg/ Concentration (mg/
L) Notes kg) Notes
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* * * * * * *
United States Department of F001-F005, D001- NA.......... For waste codes F001- NA................ NA......... STABL 19 20...... NA.
Energy (Energy), Richland, WA D011, D018, F005, the
\17\. D019, D022, D028- constituents are
D030, D033-D036, limited to those
D038-D041, and associated with spent
D043 \18\. solvent activities at
the Facility
documented through
process knowledge.
For constituents, as
applicable,
associated with D
waste codes under the
``Waste Code''
column, see 40 CFR
268.40..
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\1\ A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7.
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\17\ The STABL treatment standard applies to the separated and pretreated tank waste under the 2,000-gallon TBI Demonstration.
\18\ The waste codes included in this column are those identified on the current version of the Dangerous Waste Permit Application Part A form for the
Hanford Double Shell Tank System, Rev. 04 (December 14, 2009), except for F039 which has not been accepted into the Double Shell Tanks.
\19\ Sampling after treatment will be conducted at the treatment facility for the purpose of assessing the extent of treatment performance against the
NWW numerical standards at 40 CFR 268.40 and, as applicable, at 40 CFR 268.48. Waste treated using STABL may not be land disposed until LDR
constituents are below the non-wastewater numerical standards at 40 CFR 268.40 and 268.48.
\20\ Treatment using the STABL treatment method shall be performed, and the treated waste shall be disposed of, at EnergySolutions in Clive, Utah, and/
or Waste Control Specialists in Andrews County, Texas.
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[FR Doc. 2024-08937 Filed 4-30-24; 8:45 am]
BILLING CODE 6560-50-P