[Federal Register: January 31, 2003 (Volume 68, Number 21)]
[Proposed Rules]
[Page 4977-4978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja03-42]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-7446-3]
Central Characterization Project Waste Characterization Program
Documents Applicable to Transuranic Radioactive Waste From the Argonne
National Laboratory--East Site Proposed for Disposal at the Waste
Isolation Pilot Plant
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 an inspection for the week of February 10, 2003, at the
Argonne National Laboratory--East (ANL-E). With this notice, we also
announce availability of Department of Energy (DOE) documents in the
EPA Docket, and solicit public comments on the documents available in
the docket for a period of 30 days. The following DOE documents,
entitled ``CCP-PO-001--Revision 4, 5/31/02--CCP Transuranic Waste
Characterization Quality Assurance Project Plan'' and ``CCP-PO-002--
Revision 4, 5/17/02--CCP Transuranic Waste Certification Plan,'' are
available for review in the public dockets listed in ADDRESSES. In
accordance with EPA's WIPP Compliance Criteria, we will conduct an
inspection at ANL-E to verify that, using the systems and processes
developed as part of the DOE Carlsbad Office's central characterization
project (CCP), DOE can characterize TRU waste at ANL-E properly,
consistent with the Compliance Criteria.
DATES: EPA is requesting public comment on the documents. Comments must
be received by EPA's official Air Docket on or before March 3, 2003.
ADDRESSES: Comments should be submitted to: EPA Docket Center (EPA/DC),
Air and Radiation Docket, Docket No. A-98-49, EPA West, Mail Code
6102T, 1200 Pennsylvania Avenue, N.W., 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, 10 a.m.-9
p.m., Friday-Saturday, 10 a.m.-6 p.m., and Sunday 1 p.m.-5 p.m.; 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, 9 a.m.-
5 p.m.
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: 202-566-1741; e-mail: a-and-r-
docket@epa.gov).
FOR FURTHER INFORMATION CONTACT: Ms. Rajani D. Joglekar, Office of
Radiation and Indoor Air, (202) 564-7734. You can also call EPA's toll-
free WIPP Information Line, 1-800-331-WIPP or visit our Web site at
http://www.epa/gov/radiation/wipp.
SUPPLEMENTARY INFORMATION:
Background
DOE is operating 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. 102-
579), as amended (Pub. L. 104-201), transuranic (TRU) waste consists of
materials containing elements having atomic numbers greater
[[Page 4978]]
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 Laboratory (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 of appendix A to 40 CFR part 194); and (2) prohibit
shipment of TRU waste for disposal at WIPP from any site other than
LANL until the 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 the TRU waste characterization
activities performed by the DOE's Central Characterization Project
(CCP) staff at the Argonne National Laboratory-East (ANL-E) in
accordance with Condition 3 of the WIPP certification. We will evaluate
the adequacy, implementation, and effectiveness of the CCP technical
activities contracted by the ANL-E for characterization of the disposal
of retrievably-stored homogeneous solid waste at the WIPP. We also will
evaluate DOE's corrective action(s) responding to the EPA finding
(identified during the September 2002 inspection) related to the
implementation of a procedure to compile acceptable knowledge. This
finding resulted in the denial of DOE's request for approving the CCP-
characterized TRU debris waste at ANL. Therefore, until EPA is
satisfied with the corrective action taken to resolve this finding ANL-
E cannot ship TRU debris waste for disposal at WIPP. The overall
program adequacy and effectiveness of CCP/ANL-E documents will be based
on the following DOE-provided documents: (1) CCP-PO-001--Revision 4, 5/
31/02--CCP Transuranic Waste Characterization Quality Assurance Project
Plan and (2) CCP-PO-002--Revision 4, 5/17/02--CCP Transuranic Waste
Certification Plan. EPA has placed these DOE-provided documents
pertinent to the ANL-E inspection in the public docket described in
ADDRESSES. The documents are included in item II-A2-40 in Docket A-98-
49. In accordance with 40 CFR 194.8, EPA is providing the public 30
days to comment on these documents. The inspection is scheduled to take
place the week of February 10, 2003.
EPA will inspect the following technical elements for
characterizing retrievably-stored TRU debris and solid waste: data
validation and verification, acceptable knowledge, nondestructive assay
(NDA-WIT and APNEA), Digital Radiography/Computed Tomography, visual
examination, and data tracking and reporting via the WIPP Waste
Information System.
If EPA determines as a result of the inspection that the proposed
CCP waste characterization processes and programs used at ANL-E
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 transuranic waste
from ANL-E to the WIPP. 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.
Dated: January 24, 2003.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 03-2343 Filed 1-30-03; 8:45 am]
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