[Federal Register: February 13, 2002 (Volume 67, Number 30)]
[Rules and Regulations]
[Page 6661-6662]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe02-18]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-7142-2]
RIN 2060-AG85
Waste Characterization Program Documents Applicable to
Transuranic Radioactive Waste From Los Alamos National Laboratories for
Disposal at the Waste Isolation Pilot Plant
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability; opening of public comment period.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of, and soliciting public comments for 30 days on,
Department of Energy (DOE) documents applicable to characterization of
transuranic (TRU) radioactive waste at Los Alamos National Laboratories
(LANL) proposed for disposal at the Waste Isolation Pilot Plant (WIPP).
The documents (Item II-A2-37, Docket A-98-49) are available for review
in the public dockets listed in ADDRESSES. EPA will conduct an
inspection of waste characterization systems and processes for waste
characterization at LANL to verify that the site can characterize
transuranic waste in accordance with EPA's WIPP compliance criteria.
EPA will perform this inspection the week of February 25, 2002. This
notice of the inspection and comment period accords with 40 CFR 194.8.
DATES: EPA is requesting public comment on the documents. Comments must
be received by EPA's official Air Docket on or before March 15, 2002.
ADDRESSES: Comments should be submitted to: Docket No. A-98-49, Air
Docket, Room M-1500, U.S. Environmental Protection Agency, 401 M
Street, SW, Mail Code 6102, Washington, DC 20460. The DOE documents are
available for review in the official EPA Air Docket in Washington, DC,
Docket No. A-98-49, Category II-A2, and at the following three EPA WIPP
informational docket locations in New Mexico: in Carlsbad at the
Municipal Library, Hours: Monday-Thursday, 10am-9pm, Friday-Saturday,
10am-6pm, and Sunday 1pm-5pm; in Albuquerque at the Government
Publications Department, Zimmerman Library, University of New Mexico,
Hours: vary by semester; and in Santa Fe at the New Mexico State
Library, Hours: Monday-Friday, 9am-5pm.
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. Air Docket A-98-49 in Washington, DC, accepts comments
sent electronically or by fax (fax: 202-260-4400; e-mail: a-and-r-
docket@epa.gov).
FOR FURTHER INFORMATION CONTACT: Ed Feltcorn, Office of Radiation and
Indoor Air, (202) 564-9422. You can also call EPA's toll-free WIPP
Information Line, 1-800-331-WIPP or visit our website at http://
www.epa/gov/radiation/wipp.
SUPPLEMENTARY INFORMATION:
Background
DOE is developing the WIPP near Carlsbad in southeastern New Mexico
as a deep geologic repository for disposal of TRU radioactive waste. As
defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub. L. No. 102-
579), as amended (Pub. L. No. 104-201), TRU waste consists of materials
containing elements 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 consists of items contaminated during the
production of nuclear weapons, such as rags, equipment, tools, and
sludges.
On May 13, 1998, EPA announced its final compliance certification
decision to the Secretary of Energy (published May 18, 1998, 63 FR
27354). This decision stated that the WIPP will comply with EPA's
radioactive waste disposal regulations at 40 CFR part 191, Subparts B
and C.
The final WIPP certification decision includes conditions that (1)
prohibit shipment of TRU waste for disposal at WIPP from any site other
than the Los Alamos National Laboratories (LANL) until the EPA
determines that the site has established and executed a quality
assurance program, in accordance with Secs. 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
Sec. 194.22(c)(4) (Condition 3 of Appendix A to 40 CFR part 194). The
EPA's approval process for waste generator sites is described in
Sec. 194.8. As part of EPA's decision-making process, the DOE is
required to submit to EPA appropriate documentation of quality
assurance and waste characterization programs at each DOE waste
generator site seeking approval for shipment of TRU radioactive waste
to WIPP. In accordance with Sec. 194.8, EPA will place such
documentation in the official Air Docket in Washington, DC, and
informational dockets in the State of New Mexico for public review and
comment.
EPA will perform an inspection of LANL's waste characterization
systems and processes for TRU waste in accordance with Conditions 2 and
3 of the WIPP certification. More specifically, we will be focusing on
the performance of a variety of new equipment (neutron, gamma, and
other NDA-related systems) as well as their acceptable knowledge (AK)
and WIPP Waste Information System (WWIS) interface used to characterize
TRU waste. The inspection is scheduled to take place the week of
February 25, 2002.
EPA has placed a number of documents pertinent to the inspection in
the public docket described in ADDRESSES. The documents are listed as
Item II-A2-37 in Docket A-98-49. In accordance with 40 CFR 194.8, as
amended by the final certification decision, EPA is providing the
public 30 days to comment on these documents.
If EPA determines as a result of the inspection that the proposed
processes, systems, and equipment at LANL adequately control the
characterization of transuranic waste, we will notify DOE by letter and
place the letter in the official Air Docket in Washington, DC, as well
as in the informational docket locations in New Mexico. A letter of
approval will allow DOE to ship TRU waste to WIPP using the approved
characterization processes. The EPA will not make a determination of
compliance prior to the inspection or before the 30-day comment period
has closed.
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 three EPA WIPP informational docket locations in
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.
[[Page 6662]]
Dated: February 6, 2002.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 02-3546 Filed 2-12-02; 8:45 am]
BILLING CODE 6560-50-P