[Federal Register: June 20, 2008 (Volume 73, Number 120)]
[Notices]
[Page 35133-35136]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn08-50]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2008-0449; FRL-8683-4]
Proposed Approval of the Central Characterization Project's
Transuranic Waste Characterization Program at Oak Ridge National
Laboratory
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability; opening of public comment period.
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SUMMARY: The Environmental Protection Agency (EPA or we) is announcing
the availability of, and soliciting public comments for 45 days on, the
proposed approval of the radioactive, contact-handled (CH), transuranic
(TRU) waste characterization program implemented by the Central
Characterization Project (CCP) at Oak Ridge National Laboratory (ORNL)
in Oak Ridge, Tennessee. This waste is intended for disposal at the
Waste Isolation Pilot Plant (WIPP) in New Mexico.
In accordance with the WIPP Compliance Criteria, EPA evaluated the
characterization of CH TRU debris waste from ORNL-CCP during an
inspection conducted the week of November 13, 2007. Using the systems
and processes developed as part of the U.S. Department of Energy's
(DOE's) Carlsbad Field Office (CBFO) program, EPA verified whether DOE
could adequately characterize CH TRU waste consistent with the
Compliance Criteria. The results of EPA's evaluation of ORNL-CCP's
program and its proposed approval are described in the Agency's
inspection report, which is available for review in the public dockets
listed in ADDRESSES. We will consider public comments received on or
before the due date mentioned in DATES.
This notice summarizes the waste characterization processes
evaluated by EPA and EPA's proposed approval. As required by the 40 CFR
194.8, at the end of a 45-day comment period EPA will evaluate public
comments received, and if appropriate, finalize the reports responding
to the relevant public comments, and issue a final report and approval
letter to DOE.
DATES: Comments must be received on or before August 4, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0449, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: 202-566-1741.
[[Page 35134]]
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2008-0449. The Agency's policy is that all comments received will
be included in the public docket without change and may be made
available online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://
www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available electronically at
http://www.regulations.gov. 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.
FOR FURTHER INFORMATION CONTACT: Rajani Joglekar or Ed Feltcorn,
Radiation Protection Division, Center for Federal Regulations, Mail
Code 6608J, U.S. Environmental Protection Agency, 1200 Pennsylvania
Avenue, Washington, DC, 20460; telephone number: 202-343-9601; fax
number: 202-343-2305; e-mail address: joglekar.rajani@epa.gov or
feltcorn.ed@epa.gov.
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
http://www.regulations.gov or e-mail. 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 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).
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
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 that have 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.
TRU waste is itself divided into two categories, based on its level
of radioactivity. Contact-handled (CH) TRU waste accounts for about 97
percent of the volume of TRU waste currently destined for the WIPP. It
is packaged in 55-gallon metal drums or in metal boxes and can be
handled under controlled conditions without any shielding beyond the
container itself. The maximum radiation dose at the surface of a CH TRU
waste container is 200 millirems per hour. CH waste primarily emits
alpha particles that are easily shielded by a sheet of paper or the
outer layer of a person's skin.
Remote-handled (RH) TRU waste emits more radiation than CH TRU
waste and must therefore be both handled and transported in shielded
casks. Surface radiation levels of unshielded containers of remote-
handled transuranic waste exceed 200 millirems per hour. RH waste
primarily emits gamma radiation, which is very penetrating and requires
concrete, lead, or steel to block it.
On May 13, 1998, EPA issued a final certification of compliance for
the WIPP facility. The final rule was published in the Federal Register
on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March
29, 2006 (71 FR 18015). Both the certification and recertification
determined that WIPP complies with the Agency's radioactive waste
disposal regulations at 40 CFR part 191, subparts B and C, and is
therefore safe to contain TRU waste.
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 Sec. Sec. 194.22(a)(2)(i),
194.24(c)(3), and 194.24(c)(5) for waste characterization activities
and assumptions (Condition 2
[[Page 35135]]
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 (revised
July 2004).
Condition 3 of the WIPP Certification Decision requires EPA to
conduct independent inspections at DOE's waste generator/storage sites
of their TRU waste characterization capabilities before approving their
program and the waste for disposal at the WIPP. EPA's inspection and
approval process gives EPA (a) Discretion in establishing technical
priorities, (b) the ability to accommodate variation in the site's
waste characterization capabilities, and (c) flexibility in scheduling
site WC inspections.
As described in Sec. 194.8(b), EPA's baseline inspections evaluate
each WC process component (equipment, procedures, and personnel
training/experience) for its adequacy and appropriateness in
characterizing TRU waste destined for disposal at WIPP. During an
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. A baseline inspection may
describe any limitations on approved waste streams or waste
characterization processes [Sec. 194.8(b)(2)(iii)]. In addition, a
baseline inspection approval must specify what subsequent WC program
changes or expansion should be reported to EPA [Sec. 194.8(b)(4)]. The
Agency is required to assign Tier 1 (T1) and Tier 2 (T2) to the
reportable changes depending on their potential impact on data quality.
A T1 designation requires that the site must notify EPA of proposed
changes to the approved components of an individual WC process (such as
radioassay equipment or personnel), and EPA must also approve the
change before it can be implemented. A WC element with a T2 designation
allows the site to implement changes to the approved components of
individual WC processes (such as visual examination procedures) but
requires EPA notification. The Agency may choose to inspect the site to
evaluate technical adequacy before approval. EPA inspections conducted
to evaluate T1 or T2 changes are follow-up inspections under the
authority of Sec. 194.24(h). In addition to the follow-up inspections,
if warranted, EPA may opt to conduct continued compliance inspections
at TRU waste sites with a baseline approval under the authority of
Sec. 194.24(h).
The site inspection and approval process outlined in Sec. 194.8
requires EPA to issue a Federal Register notice proposing the baseline
compliance decision, docket the inspection report for public review,
and seek public comment on the proposed decision for a period of 45
days. The report must describe the WC processes EPA inspected at the
site, as well as their compliance with Sec. 194.24 requirements.
III. Proposed Baseline Compliance Decision
EPA has performed a baseline inspection of CH TRU waste
characterization (WC) activities at ORNL-CCP (EPA Inspection No. EPA-
ORNL-CCP-CH-11.07-8). The purpose of EPA's inspection was to verify
that the waste characterization program implemented at ORNL-CCP for
characterizing CH TRU, retrievably-stored, debris waste is technically
adequate and meets the regulatory requirements at 40 CFR 194.24.
During the inspection, EPA evaluated the adequacy of the site's WC
programs for CH TRU debris (S5000) waste to be disposed of at the WIPP.
The Agency examined the following activities:
Acceptable knowledge (AK) for CH retrievably-stored TRU
debris waste (S5000)
One nondestructive assay (NDA) system, the Drum Waste
Assay System Imaging Passive-Active Neutron/Segmented Gamma Scanner
(DWAS IPAN/SGS) system for characterizing debris (S5000) waste
Real-time radiography (RTR) for CH retrievably-stored TRU
debris waste (S5000)
WIPP Waste Information System (WWIS) for CH retrievably-
stored TRU debris waste (S5000)
During the inspection, ORNL-CCP personnel stated that load
management will never be performed at the site and EPA did not evaluate
this aspect during the inspection [see Section 8.1(5) of the inspection
report]. Therefore, this proposed approval does not include load
management for ORNL-CCP.
The EPA inspection team determined that the ORNL-CCP WC program for
CH TRU waste was technically adequate. EPA is proposing to approve the
ORNL-CCP CH TRU WC program in the configuration observed during this
inspection and described in docketed inspection report and its'
attached checklists (Attachments A.1 through A.4). This proposed
approval includes the following:
(1) The AK process for CH retrievably-stored TRU debris wastes
(2) The DWAS IPAN/SGS system for assaying debris wastes
(3) The nondestructive examination (NDE) process of RTR for
retrievably-stored debris wastes
(4) The WWIS process for tracking waste contents of debris wastes
ORNL-CCP must report and receive EPA approval of any Tier 1 (T1)
changes to the ORNL-CCP WC activities from the date of the baseline
inspection, and must notify EPA regarding Tier 2 (T2) changes according
to Table 1, below. The format of Table 1 in this report closely follows
the format used in previous CH baseline approval reports.
Table 1.--Tiering of TRU WC Processes Implemented by ORNL-CCP Based on November 13-15, 2007, Site Baseline
Inspection
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WC process elements ORNL-CCP WC T1 changes ORNL-CCP WC T2 changes a
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Acceptable Knowledge (AK) and Load Implementation of load Notification to EPA upon completion of
Management. management; AK (5). AK accuracy reports; AK (2).
Implementation of AK for Notification to EPA upon completion of
wastes other than retrievably- new versions or updates/substantive
stored debris (i.e., modifications b of the following:
retrievably stored soil/
gravel and solids and/or any
type of newly-generated
waste); AK (15).
--Changes to AK-NDA communications and
memoranda; AK (3).
--Changes to site procedure; AK (4).
[[Page 35136]]
--AK summaries that describe wastes
beyond the 144 containers described in
this report; AK (6).
--Radiological Discrepancy Resolution
Reports (AK-AK and AK-NDA) pertinent to
Waste Stream OR-NFS-CH-HET; AK (11).
--Completed Attachments 4 and 6 and
associated memoranda for Waste Stream
OR-NFS-CH-HET; AK (10) and (14).
--AK Summaries/Waste Stream Profile
Forms (WSPFs) and AK documentation
reports; AK (15).
Non Destructive Assay (NDA)........... New equipment or physical Notification to EPA upon completion of
modifications to approved changes to software for approved
equipment; c NDA (1). equipment, operating range(s), and site
procedures that require CBFO approval;
NDA (2).
Extension or changes to ........................................
approved calibration range
for approved equipment; NDA
(2).
Real-Time Radiography (RTR)........... N/A........................... Notification to EPA upon the following:
--Implementation of new RTR equipment or
substantive changes c to approved RTR
equipment; RTR (1).
--Completion of changes to site RTR
procedures requiring CBFO approvals;
RTR (2).
Visual Examination (VE)............... Not approved at this time..... Not approved at this time.
WIPP Waste Information System (WWIS).. Implementation of load Notification to EPA upon the following:
management; WWIS (4).
--Completion of changes to WWIS
procedure(s) requiring CBFO approvals;
WWIS (1).
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a Upon receiving EPA approval, ORNL-CCP will report all T2 changes to EPA at the end of each fiscal quarter.
b ``Substantive changes'' means changes with the potential to impact the site's WC activities or documentation
thereof, excluding changes that are solely related to ES&H, nuclear safety, or RCRA, or that are editorial in
nature.
c Modifications to approved equipment include all changes with the potential to affect NDA data relative to
waste isolation and exclude minor changes, such as the addition of safety-related equipment.
IV. Availability of the Baseline Inspection Report for Public Comment
EPA has placed the report discussing the results of the Agency's
inspection of the ORNL-CCP Site in the public docket as described in
ADDRESSES. In accordance with 40 CFR 194.8, EPA is providing the public
45 days to comment on these documents. The Agency requests comments on
the proposed approval decision, as described in the inspection report.
EPA will accept public comment on this notice and supplemental
information as described in Section 1.B. above. EPA will not make a
determination of compliance before the 45-day comment period ends. At
the end of the public comment period, EPA will evaluate all relevant
public comments and revise the inspection report as necessary. If
appropriate, the Agency will then issue a final approval letter and
inspection report, both of which will be posted on the WIPP Web site.
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 the three EPA WIPP informational docket
locations in Albuquerque, Carlsbad, and Santa Fe, 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.
Dated: May 30, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E8-14006 Filed 6-19-08; 8:45 am]
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