[Federal Register: August 22, 2007 (Volume 72, Number 162)]
[Notices]
[Page 47023-47026]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au07-103]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2007-0643; FRL-8458-5]
Proposed Approval of the Central Characterization Project's
Remote-Handled Waste Characterization Program at Los Alamos 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, remote-handled (RH), transuranic
(TRU) waste characterization program implemented by the Central
Characterization Project (CCP) at Los Alamos National Laboratory
(LANL). 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 RH TRU debris waste from LANL-CCP during an
inspection conducted the week of May 8, 2007. Using the systems and
processes developed as part of the U.S. Department of Energy's (DOE's)
Carlsbad Field Office (CBFO) program to characterize RH TRU waste, EPA
verified whether DOE could adequately characterize RH TRU waste
consistent with the Compliance Criteria. The results of EPA's
evaluation of the LANL-CCP 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 a final report and approval letter
to DOE.
DATES: Comments must be received on or before October 9, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0643, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail to: a-and-r-docket@epa.gov.
Fax: 202-566-1741.
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-2007-0643. 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 either electronically
at http://www.regulations.gov.
As of September 22, 2006, the EPA Docket Center (EPA/DC) Public
Reading Room will be temporarily inaccessible to the public until
November 6, 2006, due to construction. Public access to docket
materials will still be provided. We strongly encourage you to visit
the EPA Dockets Web site frequently (http://www.epa.gov/epahome/dockets.htm
) in order to receive the latest status concerning the
Public Reading Room and public access to docket materials.
If you wish to obtain materials from a docket in the EPA/DC, please
go first to Regulations.gov (http://www.regulations.gov) and obtain
electronic copies. If the materials are listed in the docket index but
the documents themselves are not available in Regulations.gov, please
call (202) 566-1744 or e-mail the applicable Program Office Docket.
EPA Docket Center operations will still continue during this
period. In addition to electronic access through regulations.gov,
public inspection of docket materials will be available by appointment
during this period. Appointments may be made by calling (202) 566-1744
or by e-mailing the appropriate Docket Office.
If you wish to hand deliver comments during this period, you may
drop them off between the hours of 8:30 a.m. and 4:30 p.m. Eastern
Standard Time (EST), Monday through Friday, excluding Federal holidays
at the EPA Headquarters, Room 6146F in the EPA West Building located at
1301 Constitution Avenue, NW., Washington, DC.
EPA visitors are required to show photographic identification and
sign the EPA visitor log. After processing
[[Page 47024]]
through the X-ray and magnetometer machines, visitors will be given an
EPA/DC badge that must be visible at all times, and be escorted to Room
6146F to drop off comments.
If you have any other questions concerning the temporary closing of
the EPA/DC Public Reading Room, you may call (202) 566-1744 between the
hours of 8:30 a.m. and 4:30 p.m. Eastern Standard Time.
These documents are also available for review in hard-copy form 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., phone number: 505-885-0731; in Albuquerque at the Government
Publications Department, Zimmerman Library, University of New Mexico,
Hours: Vary by semester, phone number: 505-277-2003; and in Santa Fe at
the New Mexico State Library, Hours: Monday-Friday, 9 a.m.-5 p.m.,
phone number: 505-476-9700. 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. 102-579), as amended (Pub. L. 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 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 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
(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 section 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
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[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.
EPA previously issued a preliminary approval of DOE's general
framework for characterizing RH waste on March 26, 2004 (Docket A-98-
49, Item II-B2-21). This approval requires DOE to provide site-specific
RH waste characterization plans and characterization procedures for EPA
approval prior to implementing them for characterizing RH waste.
III. Proposed Baseline Compliance Decision
EPA has performed a baseline inspection of RH TRU waste
characterization activities at LANL-CCP (EPA Inspection No. EPA-LANL-
CCP-RH-5.07-8). The purpose of EPA's inspection was to verify that the
RH waste characterization program implemented at LANL-CCP for
characterizing RH TRU, retrievably-stored, debris waste is adequate for
the 16 RH waste canisters. EPA evaluated whether the RH waste
characterized meets the regulatory requirements at 40 CFR 194.24.
This inspection was different from previous RH baseline inspections
conducted at Idaho National Laboratory (INL) and Argonne National
Laboratory East (ANL-E) (see Docket ID No. EPA-HQ-OAR-2006-0881), as
well as previous contact-handled (CH) baseline inspections. Generally,
EPA's RH and CH baseline inspections evaluate WC programs for technical
adequacy and when approved the TRU sites would continue to implement
the approved program components to characterize additional wastes on an
ongoing basis. However, the characterization activities within the
scope of this inspection had occurred at LANL in the 1990's and were
completed prior to this inspection. This inspection's sole focus was to
evaluate the records that had been assembled to document WC activities,
including recently performed modeling, interpretation, and further
calculations based on previously-generated RH measurement data for a
LANL RH debris waste stream No. LA-MHD03.002. There will be no further
waste characterization activities relative to this waste, and this
proposed approval is directed to a discrete set of canisters within
this LANL RH debris waste stream, as supported by the documentation the
EPA inspection team evaluated during this inspection. Note that this is
a retrospective approval of LANL RH debris waste characterization
activities knowing that no additional RH debris waste will be
characterized by LANL CCP in the future based on this baseline
approval.
The purpose of the LANL-CCP RH WC inspection was to evaluate the
adequacy of the site's WC programs for 16 canisters in a single RH
debris waste stream for disposal at WIPP. The 16 canisters of RH debris
in this waste stream were generated from the examination of fuel pins
at the LANL Chemical, Metallurgical Research (CMR) facility from 1970
through 1984. In the early 1990's, wastes derived from examination of
these fuel pins were loaded into 364 1\1/2\-gallon steel cans that were
welded shut. These 364 cans were later assembled into 12 canisters and
four other canisters were assembled with bulk-loaded debris from the
same activities. The WC activity examined during the inspection was
acceptable knowledge (AK) for these 16 canisters of RH retrievably-
stored TRU debris (S5000) waste. CCP has assured EPA that these 16
sealed canisters will be disposed of ``as is'' at WIPP and will not be
repackaged with any other RH debris waste.
The EPA inspection team determined that the records documenting
LANL-CCP's RH WC program represented activities that were technically
adequate. EPA, therefore, is proposing to approve the LANL-CCP RH WC
program for the 16 RH TRU canisters in LANL RH Waste Stream No. LA-
MHD03.002 evaluated during this baseline inspection described and
documented in this report. The approval includes the following:
(1) The AK process for 16 canisters of RH retrievably-stored TRU
debris in the waste stream designated LANL RH Waste Stream No. LA-
MHD03.002.
(2) The radiological characterization (RC) process using dose-to-
fissile gram, dose-to-curie (DTC), curie-to-dose and modeling-derived
scaling factors for assigning radionuclide values to 16 canisters of RH
retrievably-stored TRU debris in one waste stream, designated as LANL
RH Waste Stream No. LA-MHD03.002 and documented in CCP-AK-LANL-501,
Revision 0 and detailed in this report.
Since no additional WC activities that will occur relative to the
16 canisters of RH debris waste, changes to the WC activities evaluated
during the baseline inspection are not expected to occur. Accordingly,
this report does not list any tiering (T1 or T2) designations relative
to this waste and waste characterization components proposed for the
approval.
IV. Availability of the Baseline Inspection Report for Public Comment
EPA has placed the report discussing the results of the Agency's
inspection of LANL-CCP 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 New
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Mexico (as listed in ADDRESSES). 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: August 16, 2007.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E7-16612 Filed 8-21-07; 8:45 am]
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