[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5565-5568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-80]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2008-0027; FRL-8522-6]
Proposed Approval of the Transuranic Waste Characterization
Program at the Hanford Site
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 at the Hanford Site in
Richland, Washington. 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 and solid waste from Hanford during
an inspection conducted the week of June 4, 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 Hanford'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 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 March 17, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0027, 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-2008-0027. 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.
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
[[Page 5566]]
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 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 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 [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
[[Page 5567]]
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 Hanford (EPA Inspection No. EPA-
HAN-6.07-8). The purpose of EPA's inspection was to verify that the
waste characterization program implemented at Hanford for
characterizing CH TRU, retrievably-stored, debris and solid 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 two CH TRU waste categories, debris (S5000) and solids
(S3000), to be disposed of at the WIPP. The Agency examined the
following activities:
Acceptable knowledge (AK) for CH TRU debris waste (S5000)
and solid waste (S3000) and AK for CH, repackaged debris waste (S5000)
from the Plutonium Finishing Plant (PFP).
Visual examination (VE) in lieu of real-time radiography
(RTR) for CH TRU debris waste (S5000) and solid waste (S3000) and
Visual Examination Technique (VET) for CH, repackaged debris waste from
the PFP.
RTR for CH TRU debris waste (S5000) and solid waste
(S3000).
Nondestructive assay (NDA) systems at the Waste Receiving
and Processing (WRAP) Facility for characterizing debris (S5000) and
solid (S3000) wastes: the Gamma Energy Analysis Units A and B (GEA A
and GEA B); the Pajarito Imaging Passive Active Neutron Units A and B
(IPAN A and IPAN B); and the Super High Efficiency Neutron Counter A
(SHENCA).
NDA systems at the plutonium Finishing Plant (PFP) for
characterizing debris waste (S5000): Calorimeters AR-1, AR-5, P-13, P-
14 and Q-1 in conjunction with the Room 172 Segmented Gamma Scanner
Assay System (SGSAS).
WIPP Waste Information System (WWIS) for tracking the
components of CH retrievably-stored TRU debris waste (S5000) and solid
waste (S3000).
During the inspection, Hanford 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 Hanford.
The EPA inspection team determined that the Hanford WC program for
CH TRU waste was technically adequate. EPA is proposing to approve the
Hanford CH TRU WC program in the configuration observed during this
inspection and described in this report and the attached checklists
(Attachments A.1 through A.9). This proposed approval includes the
following:
(1) The AK process for CH TRU debris and solid wastes and for
newly-generated debris wastes.
(2) The WRAP GEA Units A and B for assaying solid and debris
wastes.
(3) The WRAP IPAN Units A and B for assaying solid and debris
waste.
(4) The WRAP SHENCA system for assaying solid and debris wastes.
(5) The PFP Calorimeters AR-1, AR-5, P-13, P-14 and Q-1 in
conjunction with the Room 172 SGSAS for assaying debris wastes.
(6) The nondestructive examination (NDE) process of RTR for solid
and debris wastes.
(7) VE in lieu of the RTR process for retrievably-stored solid and
debris wastes and VET of newly-generated debris wastes.
(8) The WWIS process for tracking of waste contents of solid and
debris wastes Hanford must report and receive EPA approval of any Tier
1 (T1) changes to the Hanford WC activities from the date of the
baseline inspection, and must notify EPA regarding Tier 2 (T2) changes
according to Table 1, below. It is worth noting that Table 1 in this
report closely follows the format used in the previous CH baseline
approval report of Los Alamos National Laboratory--Central
Characterization Project (LANL-CCP) (see EPA Docket No. A-98-49, II-A4-
88). This format departs from what was used in baseline inspection
reports and EPA site approval letters prior to LANL-CCP in several
ways, as detailed in the LANL-CCP report and repeated here. The most
important of these differences involves presentation of the T2
elements. In previous reports, there were two T2 columns that have been
merged into a single T2 column for Hanford. The T2 column entries have
also been modified to better reflect the 40 CFR 194.24(h) requirements
that the site provide notification regarding the completion or
availability of specific T2 elements, whereas the previous tables
stated that the site must actually provide the T2 elements (document or
procedure revisions, etc.). This approach is similar to the tiering
tables used in EPA reports for sites characterizing remote-handled TRU
waste. Additionally, there are other minor word changes to the table
for the sake of legibility.
[[Page 5568]]
Table 1. Tiering of TRU WC Processes Implemented by Hanford Based on
June 4-7 and 27, 2007 On-Site Baseline Inspection
------------------------------------------------------------------------
Hanford WC T1 Hanford WC T2
WC process elements changes changes*
------------------------------------------------------------------------
Acceptable Knowledge (AK) Implementation of Notification to EPA
and Load Management. load management; AK upon completion of
(5). AK Accuracy
Reports; AK (2).
New waste streams Notification to EPA
created as a result upon completion of
of combining or updates to or
separating substantive
previously distinct modifications****of
waste streams; AK the following:
(6). --AK Summaries/Waste
Stream Profile
Forms (WSPFs) and
AK Documentation
Reports; AK (16)
--AK-NDA
Communication
changes; AK (3)
--Changes to site
procedure WMP
400.7.1.9; AK (4).
Categories of waste Notification to EPA
not approved under upon generation of
this baseline new WSPFs, AK
inspection (e.g., summaries and AK
soil/gravel, newly- documentation
generated solids reports; AK (16).
including K Basin
waste); AK (16).
Nondestructive Assay (NDA).. New equipment or Notification to EPA
physical upon completion of
modifications to changes to software
approved for approved
equipment**; NDA equipment,
(1)***. operating range(s)
Extension or changes and site procedures
to approved that require CBFO
calibration range approval; NDA
for approved (2)***.
equipment; NDA
(2)***.
Real-Time Radiography (RTR). N/A................. Notification to EPA
upon the following:
--Implementation of
new equipment or
substantive
changes****to
approved equipment;
RTR (1)
--Completion of
changes to site
procedures
requiring CBFO
approval; RTR (2).
Visual Examination (VE) and N/A................. Notification to EPA
Visual Examination upon the following:
Technique (VET). --Completion of
changes to site VE
and VET procedures
requiring CBFO
approval; VE (1)
and VET (1)
--Addition of new
Summary Category
Group (SCG) or
waste stream(s); VE
(2) and VET (2).
WIPP Waste Information Implementation of Notification to EPA
System (WWIS). load management; upon the completion
WWIS (4). of changes to WWIS
procedure(s)
requiring CBFO
approval; WWIS (1).
------------------------------------------------------------------------
* Upon receiving EPA approval in this action, Hanford will report all T2
changes to EPA at the end of each fiscal year quarter.
** 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.
*** These are discussed in Sections (1) and (2) of the section for each
NDA system, i.e., 8.2.1 for WRAP GEA Units A & B, 8.2.2 for WRAP IPAN
Units A & B, 8.2.3 for WRAP SHENCA and 8.2.4 for PFP Calorimeters and
the Room 172 SGSAS.
**** Substantive changes means changes with the potential to impact the
site's waste characterization activities or documentation thereof,
excluding changes that are solely related to Environmental Safety &
Health (ES&H), nuclear safety, the Resource Conservation and Recovery
Act (RCRA) or are editorial in nature.
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 Hanford 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 New 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: January 18, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E8-1658 Filed 1-29-08; 8:45 am]
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