[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Proposed Rules]
[Page 26351-26353]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-7660-1]
Central Characterization Project Waste Characterization Program
Documents Applicable to Transuranic Radioactive Waste From Lawrence
Livermore National Laboratory 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) is announcing the
availability of, and soliciting public comments for 30 days on,
Department of Energy (DOE) documents applicable to characterization by
the Central Characterization Project (CCP) of transuranic (TRU)
radioactive waste at the Lawrence Livermore National Laboratory (LLNL)
in California proposed for disposal at the Waste Isolation Pilot Plant
(WIPP). The documents are 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. In accordance with EPA's WIPP
Compliance Criteria, we will conduct an inspection of the Central
Characterization Project (CCP) at LLNL to verify that, using the
systems and processes developed as part of the DOE Carlsbad Office's
CCP, DOE can characterize TRU waste consistent with the Compliance
Criteria. EPA will perform this inspection the week of May 3, 2004.
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 June 11, 2004.
ADDRESSES: Comments may be submitted by mail to: EPA Docket Center
(EPA/DC), Air and Radiation Docket, Environmental Protection Agency,
EPA West, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington,
DC 20460. Attention Docket ID No. OAR-2004-0066-2004-0053. Comments may
also be submitted electronically, by facsimile, or through hand
delivery/courier. Follow the detailed instructions as provided in Unit
I.B of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Ed Feltcorn, Office of Radiation and
Indoor Air, (202) 343-9422. 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:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OAR-2004-0066. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is (202) 566-1744, and the telephone number
for the Air and Radiation Docket is (202) 566-1742. These documents are
also available for review in paper form at 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.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B. EPA intends to work towards
providing electronic access to all of the publicly available docket
materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
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be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments. However, late
comments may be considered if time permits.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments. To
access EPA's electronic public docket from the EPA Internet Home Page,
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once
in the system, select ``search,'' and then key in Docket ID No. OAR-
2004-0066. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to
a-and-r-docket@epa.gov, Attention Docket ID No. OAR-2004-0066. In
contrast to EPA's electronic public docket, EPA's e-mail system is not
an ``anonymous access'' system. If you send an e-mail comment directly
to the Docket without going through EPA's electronic public docket,
EPA's e-mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
2. By Mail. Send your comments to: EPA Docket Center (EPA/DC), Air
and Radiation Docket, Environmental Protection Agency, EPA West, Mail
Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
Attention Docket ID No. OAR-2004-0066.
3. By Hand Delivery or Courier. Deliver your comments to: Air and
Radiation Docket, EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC, Attention Docket ID No. OAR-
2004-0066. Such deliveries are only accepted during the Docket's normal
hours of operation as identified in Unit I.A.1.
4. By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID. No. OAR-2004-0066.
C. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
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. 102-
579), as amended (Pub. L. 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 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 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 decisionmaking 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
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performed by the DOE's Central Characterization Project (CCP) staff at
LLNL in accordance with Condition 3 of the WIPP certification. The CCP
is a mobile characterization facility that DOE is developing to assist
TRU waste generator sites with complex waste characterization
activities. We will evaluate the adequacy, implementation, and
effectiveness of the CCP technical activities contracted by LLNL for
characterization of the disposal of newly-generated and retrievably-
stored debris waste at the WIPP. The overall program adequacy and
effectiveness of CCP-LLNL documents will be based on the following DOE
documents: (1) CCP-PO-001--Revision 8, 3/15/04--CCP Transuranic Waste
Characterization Quality Assurance Project Plan and (2) CCP-PO-002--
Revision 9, 3/15/04--CCP Transuranic Waste Certification Plan. EPA has
placed these DOE documents pertinent to the CCP/LLNL inspection in the
public docket described in ADDRESSES. They can be found online in
EDOCKET ID No. OAR-2004-0066 and also in hard copy form as item II-A2-
49 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 May 3, 2004.
EPA will inspect the following technical elements for
characterizing newly-generated and retrievably-stored TRV solid and
debris waste: Data validation and verification, acceptable knowledge
(AK), nondestructive assay (HENC/Gamma), Digital Radiography/Computed
Tomography, visual examination (VE), and data tracking and reporting
via the WIPP Waste Information System (WWIS).
If EPA determines as a result of the inspection that the proposed
CCP quality assurance and waste characterization processes and programs
used at LLNL 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
dispose of transuranic waste from LLNL (via the CCP) at 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: May 5, 2004.
Jeffrey R. Holmstead,
Assistant Administrator for Air and Radiation.
[FR Doc. 04-10775 Filed 5-11-04; 8:45 am]
BILLING CODE 6560-50-P