[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Proposed Rule]
[Page 29645-29649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-23]
[[Page 29645]]
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Part IV
Environmental Protection Agency
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40 CFR Parts 191 and 194
Intent To Evaluate Whether the Waste Isolation Pilot Plant Continues To
Comply With the Disposal Regulations and Compliance Criteria; Proposed
Rule
[[Page 29646]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 191 and 194
[FRL -7666-9]
Intent To Evaluate Whether the Waste Isolation Pilot Plant
Continues To Comply With the Disposal Regulations and Compliance
Criteria
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; opening of public comment period.
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SUMMARY: The Environmental Protection Agency (EPA) intends to evaluate
and recertify whether or not the Waste Isolation Pilot Plant (WIPP)
continues to comply with EPA's environmental radiation protection
standards for the disposal of radioactive waste. Pursuant to the 1992
WIPP Land Withdrawal Act (LWA), as amended, the U.S. Department of
Energy (``DOE'' or ``Department'') must submit to EPA documentation of
continued compliance with EPA's standards for disposal and other
statutory requirements no later than 5 years after the initial receipt
of transuranic waste at the WIPP. EPA initially certified that the WIPP
met applicable regulatory requirements on May 18, 1998 (63 FR 27354),
and the first shipment of waste was received at the WIPP on March 26,
1999.
EPA will determine whether the WIPP will continue to comply with
EPA's standards for disposal based on the Compliance Recertification
Application (CRA) submitted by the Secretary of Energy. DOE's
application was received by the EPA on March 26, 2004, and a copy may
be found on EPA's WIPP Web site and in the public dockets (see the
supplementary information & FOR FURTHER INFORMATION CONTACT sections).
The Administrator will make a determination as to the completeness of
the application in the near future (approximately 4-6 months) and will
notify the Secretary, in writing, when the Agency deems the application
``complete.'' EPA will evaluate the ``complete'' application in
determining whether the WIPP continues to comply with the radiation
protection standards for disposal. The Agency requests public comment
on all aspects of the DOE's application.
DATES: Comments in response to today's document and on DOE's compliance
application must be received by the end of the comment period. The
comment period will extend, at a minimum, beyond the time when EPA
notifies DOE that the recertification application is complete. The
ending date of the public comment period will be specified in a
subsequent Federal Register document. Announcements will be published
in the Federal Register to provide information on the Agency's
completeness determination and final recertification decision.
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-2004-0025. 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: Sharon White, Office of Radiation and
Indoor Air, (202) 343-9457. Also, visit our Web site at http://www.epa/gov/radiation/wipp
or call EPA's toll-free WIPP Information Line, 1-
800-331-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-2004-0025. 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-B4, 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
docket facilities 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
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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
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.''
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-
2004-0025. 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-2004-0025. 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-2004-0025.
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-
2004-0025. 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-2004-0025.
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
The Waste Isolation Pilot Plant (WIPP) was authorized in 1980,
under section 213 of the DOE National Security and Military
Applications of Nuclear Energy Authorization Act of 1980 (Pub L. 96-
164, 93 Stat. 1259, 1265), ``for the express purpose of providing a
research and development facility to demonstrate the safe disposal of
radioactive wastes resulting from the defense activities and programs
of the United States.'' The WIPP is a disposal system for transuranic
(TRU) radioactive waste. Developed by DOE, the WIPP is located near
Carlsbad in southeastern New Mexico. TRU waste is emplaced 2,150 feet
underground in an ancient layer of salt that will eventually ``creep''
and encapsulate the waste containers. The WIPP has a total capacity of
6.2 million cubic feet of TRU waste.
The 1992 WIPP Land Withdrawal Act (LWA; Public Law 102-579) \1\
limits radioactive waste disposal in the WIPP to TRU radioactive wastes
generated by defense-related activities. TRU waste is defined as waste
containing more than 100 nano-curies per gram of alpha-emitting
radioactive isotopes, with half-lives greater than twenty years and
atomic numbers greater than 92. The Act further stipulates that
radioactive waste shall not be TRU waste if such waste also meets the
definition of high-level radioactive waste, has been specifically
exempted from regulation with the concurrence of the Administrator, or
has been approved for an alternate method of disposal by the Nuclear
Regulatory Commission. The TRU radioactive waste proposed for
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disposal in the WIPP consists of materials such as rags, equipment,
tools, protective gear, and sludges that have become contaminated
during atomic energy defense activities. The radioactive component of
TRU waste consists of man-made elements created during the process of
nuclear fission, chiefly isotopes of plutonium. Some TRU waste is
contaminated with hazardous wastes regulated under the Resource
Conservation and Recovery Act (RCRA; 42 U.S.C. 6901-6992k). The waste
proposed for disposal at WIPP derives from Federal facilities across
the United States, including locations in Colorado, Idaho, New Mexico,
Nevada, Ohio, South Carolina, Tennessee, and Washington.
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\1\ The 1992 WIPP Land Withdrawal Act was amended by the ``Waste
Isolation Pilot Plant Land Withdrawal Act Amendments,'' which were
part of the National Defense Authorization Act for Fiscal Year 1997.
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The WIPP must meet EPA's generic disposal standards at 40 CFR part
191, subparts B and C, for high-level and TRU radioactive waste. These
standards limit releases of radioactive materials from disposal systems
for radioactive waste, and require implementation of measures to
provide confidence for compliance with the radiation release limits.
Additionally, the regulations limit radiation doses to members of the
public, and protect ground water resources by establishing maximum
concentrations for radionuclides in ground water. To determine whether
the WIPP performs well enough to meet these disposal standards, EPA
issued the WIPP Compliance Criteria (40 CFR part 194) in 1997. The
Compliance Criteria interpret and implement the disposal standards
specifically for the WIPP site. They describe what information DOE must
provide and how EPA evaluates the WIPP's performance and provides
ongoing independent oversight. Thus, EPA implemented its environmental
radiation protection standards, 40 CFR part 191, by applying the WIPP
Compliance Criteria, 40 CFR part 194, to the disposal of TRU
radioactive waste at the WIPP. For more information about 40 CFR part
191, refer to Federal Register notices published in 1985 (50 FR 38066-
38089, September 19, 1985) and 1993 (58 FR 66398-66416, December 20,
1993). For more information about 40 CFR part 194, refer to Federal
Register notices published in 1996 (61 FR 5224-5245, February 9, 1996)
and 1995 (60 FR 5766-5791, January 30, 1995).
Using the process outlined in the WIPP Compliance Criteria, EPA
determined on May 18, 1998 (63 FR 27354), that DOE had demonstrated
that the WIPP complied with EPA's radioactive waste disposal
regulations at subparts B and C of 40 CFR part 191. EPA's certification
determination permitted the WIPP to begin accepting transuranic waste
for disposal, provided that other applicable conditions and
environmental regulations were met.
Since the 1998 certification decision, EPA has conducted ongoing
independent technical review and inspections of all WIPP activities
related to compliance with the EPA's disposal regulations. The initial
certification decision identified the starting (baseline) conditions
for the WIPP site and established the waste and facility
characteristics necessary to ensure proper disposal in accordance with
the regulations. At that time, EPA and DOE understood that future
information and knowledge gained from the actual operations of the WIPP
would result in changes to the best practices and procedures for the
facility.
In recognition of this, section 8(f) of the amended WIPP LWA
requires EPA to evaluate all changes in conditions or activities at
WIPP every five years to determine if WIPP continues to comply with
EPA's disposal regulations for the facility. This determination is not
subject to standard rulemaking procedures or judicial review, as stated
in the aforementioned section of the WIPP LWA. The first
recertification process beginning now will include a review of all of
the changes made at the WIPP facility since the original 1998 EPA
certification.
Recertification is not a reconsideration of the decision to open
WIPP, but a process to reaffirm that the WIPP meets all requirements of
the disposal regulations. The recertification process will not be used
to approve any new significant changes proposed by DOE; any such
proposals will be addressed separately by EPA. Recertification will
ensure that the WIPP is operated using the most accurate and up-to-date
information available and provides documentation requiring DOE to
operate to these standards.
EPA received DOE's Compliance Recertification Application (CRA) on
March 26, 2004. The Agency will review DOE's recertification
application to ensure that the WIPP will continue to safely contain TRU
radioactive waste. If EPA approves the application, it will set the
parameters for how WIPP will be operated by DOE over the following five
years. This approved application will then serve as the baseline for
the next recertification in 2009.
With today's notice, the Agency solicits public comment period on
DOE's documentation of whether the WIPP facility continues to comply
with the disposal regulations. A copy of the application is available
for inspection on EPA's WIPP Web site (http://www.epa.gov/radiation/wipp
) and in the public dockets described in the SUPPLEMENTARY
INFORMATION section. Other background information documents related to
the Agency's recertification activities also available in our public
dockets. EPA will evaluate the complete application in determining
whether the WIPP continues to comply with the radiation protection
standards for disposal. In addition, EPA will consider public comment
and other information relevant to WIPP's compliance. The Agency is most
interested in public comment on any issues where changes have occurred
that may potentially impact the WIPP's ability to remain in compliance
with the requirements outlined in EPA's disposal regulations, as well
as any areas where the public believes that changes have occurred and
have not been identified by DOE.
The first step in the recertification process is a ``completeness''
determination. EPA will make this completeness determination in the
near future as a preliminary step in its more extensive technical
review of the application. This determination will be made using a
number of the Agency's WIPP-specific guidances; most notably, the
``Compliance Application Guidance'' (CAG; EPA Pub. 402-R-95-014) and
``Guidance to the U.S. Department of Energy on Preparation for
Recertification of the Waste Isolation Pilot Plant with 40 CFR parts
191 and 194'' (Docket A-98-49, Item II-B3-14; December 12, 2000). Both
guidance documents include guidelines regarding: (1) Content of
certification/recertification applications; (2) documentation and
format requirements; (3) time frame and evaluation process; and (4)
change reporting and modification. The Agency developed these guidance
documents to assist DOE with the preparation of any compliance
application for the WIPP. They are also intended to assist in EPA's
review of any application for completeness and to enhance the
readability and accessibility of the application for EPA and public
scrutiny. It is EPA's intent that these guidance documents will give
DOE and the public a general understanding of the information that is
expected to be included in a complete application of compliance. The
EPA may request additional information as necessary from DOE to ensure
the completeness of the CRA.
Once the recertification application is deemed complete, EPA will
provide DOE with written notification of its completeness determination
and publish a Federal Register notice
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announcing this determination as well. All correspondence between EPA
and DOE regarding the completeness of the CRA will be placed in the
public dockets.
EPA will make a final decision recertifying whether the WIPP
facility continues to meet the disposal regulations after each of the
aforementioned steps (technical analysis of the application, issuing a
notice of the CRA's completeness in the Federal Register, and analyzing
public comment) have been completed. As required by the WIPP LWA, EPA
will make a final recertification decision within six months of issuing
its completeness determination.
Dated: May 19, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-11765 Filed 5-21-04; 8:45 am]
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