[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Notices]
[Page 72043-72047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no08-71]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2008-0820; FRL-8746-4]
Proposed Approval of the Central Characterization Project's
Remote-Handled Transuranic Waste Characterization Program at Oak Ridge
National Laboratory
AGENCY: Environment 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 Oak Ridge National Laboratory (ORNL)
in Oak Ridge, Tennessee. 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 ORNL-CCP during an
inspection conducted on June 30--July 2, 2008. 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 RH TRU waste consistent with the Compliance
Criteria. The results of EPA's evaluation of ORNL-CCP's RH 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 issue a final report and approval
letter to DOE.
DATES: Comments must be received on or before January 12, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0820, by one of the following methods:
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-2008-0820. 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 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
www.regulations.gov or e-mail. The 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 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
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 www.regulations.gov. 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
[[Page 72044]]
Protection Division, Center for Waste Management and Regulation, 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
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 waste characterization inspections.
As described in Section 194.8(b), EPA's baseline inspections
evaluate each waste characterization 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 (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 waste
characterization 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) designations 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 waste characterization process (such as radioassay
equipment or personnel), and EPA must also approve the change before it
can be implemented. A waste characterization element with a T2
designation allows the site to implement changes to the approved
components of individual waste characterization 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
[[Page 72045]]
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 waste characterization 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 RH TRU waste
characterization activities at ORNL-CCP (EPA Inspection No. EPA-ORNL-
CCP-RH-4.08-8). The purpose of EPA's inspection was to verify that the
waste characterization program implemented at ORNL-CCP for
characterizing RH TRU, retrievably-stored, debris waste is technically
adequate and meets the regulatory requirements at 40 CFR 194.24.
The RH waste that DOE is proposing for WIPP disposal is generated
from operation of the Radiochemical Engineering Development Center
(REDC) hot cell laboratory at ORNL. The REDC was used primarily to
recover and purify curium for fabrication into targets. The same
facility and apparatus were used to separate, purify and store
transcurium \1\ radionuclides produced by irradiation of curium targets
in the ORNL High Flux Isotope Reactor (HFIR) from 1991 until February
2007 for a variety of commercial and federal applications. The REDC
also processed Mark-42 target assemblies to recover plutonium,
americium and curium isotopes that were shipped to the Los Alamos
National Laboratory (LANL). A target is a material that was placed
within the HFIR primarily for defense programs (see attached inspection
report for more information on this topic).
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\1\ Transcurium isotopes are elements with atomic numbers (No.)
greater than that of Curium (Cm), 96, i.e., berkelium (Bk), atomic
No. 97; californium (Cf), atomic No. 98; einsteinium (Es), atomic
No. 99; fermium (Fm), atomic No. 100; and mendelevium (Md), atomic
No. 101. By definition, these are potentially TRU, depending on
their radioactive emission (alpha, beta, or gamma) and half-life,
even though they may contain small or immeasurable concentrations of
plutonium and/or americium isotopes normally associated with TRU
wastes.
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ORNL-CCP stores RH waste from the REDC in concrete casks, boxes,
and drums at ORNL. These wastes are transferred to the TRU Waste
Processing Center (TWPC) hot cells for repackaging into 55-gallon (208-
liter) drums for characterization. ORNL-CCP was expecting EPA to
evaluate for approval RH debris waste from three time periods (April
1972-November 1978, December 1978-October 1991, and November 1991-
February 2007). Early in the inspection, EPA inspectors concluded that
ORNL--CCP had done limited characterization work for the first two time
periods and the available information for the earlier periods was not
complete. As a result, EPA inspectors informed the Carlsbad Area Field
Office (CBFO) and ORNL-CCP that the scope of the inspection would only
cover debris waste generated from November 1991-February 2007. Today's
proposed baseline approval, therefore, is limited to retrievably-stored
RH TRU debris wastes that were generated during this specific time
frame.
ORNL initially stored these wastes in 32 concrete casks. ORNL-CCP
presented preliminary information regarding RH TRU debris wastes that
had been generated in two other time periods; the Pre-Solvent
Extraction Test Facility (SETF) period from April 1972-November 1978
and the SETF period from December 1978-October 1991. At the time of
this inspection, characterization of the Pre-SETF and SETF wastes had
not begun and there was insufficient objective evidence to support
their approval. ORNL-CCP has stated that they will present these wastes
for EPA approval in the future and EPA will evaluate each of these as
Tier 1 (T1) changes in accordance with the tiering described in the
accompanying inspection report.
The EPA inspection team identified four concerns related to waste
characterization processes ORNL-CCP had implemented to characterize
retrievably-stored RH debris waste (see Attachment B of the
accompanying inspection report). ORNL-CCP revised specific documents to
address the concerns and submitted them for EPA review following the
initial onsite inspection. The EPA inspection team completed their
review of the revised documents and determined that the revised
documents adequately addressed all aspects of the four EPA concerns.
EPA has determined that the ORNL-CCP RH waste characterization
program was technically adequate and that all concerns have been
resolved. Therefore, EPA is proposing to approve the ORNL-CCP RH waste
characterization program for ORNL RH Waste Stream OR-REDC-RH-HET that
was evaluated during this baseline inspection, as described and
documented in the accompanying inspection report. The proposed approval
includes the following:
(1) The AK process for the RH retrievably-stored TRU debris waste
stream designated as Waste Stream OR-REDC-RH-HET that was generated
from REDC activities conducted between November 1991 and February 2007
that is currently stored at ORNL and will be repackaged into 55-gallon
drums.
(2) The radiological characterization process using DTC and scaling
factors for assigning radionuclide values to Waste Stream OR-REDC-RH-
HET that is documented in CCP-AK-ORNL-501, Revisions 0 and 1, and
detailed in this report.
(3) The VE process to identify waste material parameters and the
physical form of the waste.
(4) The WWIS to submit data for both characterization and
certification for RH TRU waste.
(5) The attainment of pertinent data quality objectives (DQOs).
ORNL-CCP must report and receive EPA approval of any Tier 1 (T1)
changes to the ORNL-CCP waste characterization activities from the date
of the baseline inspection, and ORNL-CCP must notify EPA regarding Tier
2 (T2) changes according to Table 1, below. Table 1 in this report
closely follows the format used in recent CH and RH baseline approval
reports.
[[Page 72046]]
Table 1--Tiering of RH TRU Waste Characterization Processes Implemented
by ORNL-CCP, Based on June 30-July 2, 2008 Baseline Inspection
------------------------------------------------------------------------
ORNL--CCP RH WC
RH WC Process elements ORNL-CCP RH WC Process--T2
Process--T1 Changes Changes \a\
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Acceptable Knowledge (AK)..... Addition of any new Notification to
waste streams not EPA when
approved under this updates are
baseline (AK-1). made to the
documents
included in AK-
1, AK-2, AK-3,
AK-4, AK-6, AK-
9, AK-13, AK-14
and AK-15,
outside of the
specific T1
changes listed
in the previous
column.
Modification of the Notification to
approved population EPA of
of the OR-REDC-RH-HET availability of
wastes to include any and/or
containers not revisions to
included in the CCP- Add Container
AK-ORNL-501, Revision Memoranda (AK-
1 analysis (AK-1). 3).
Modification(s) Notification to
resulting from EPA of
incorporation of new availability of
information specific documentation
to the approved RH of RH sample
debris waste (OR-REDC- reclassified as
RH-HET) population to CH and subject
the following to confirmatory
documents: CSSF (AK-1 analyses via
and AK-2); CCP-AK- NDA (AK-9).
ORNL-501 (AK-1); CCP-
AK-ORNL-500 (AK-2 and
AK-9); AKSR (AK-6);
CTP (AK-9); AK
Accuracy Reports (AK-
1 and AK-15); and the
WSPF (AK-14).
Implementation of load Notification to
management (AK-16). EPA of
availability of
DRF(s) or data
limitation
information
pertaining to
CCP's
assessment of
ORNL's original
radiological
characterizatio
n of wastes
generated post-
1999 (AK-13).
Radiological Characterization, Application of new Revisions of CCP-
Dose-to-Curie (DTC) and the scaling factors for AK-ORNL-501 or
application of radionuclide- isotopic CCP-TP-504 that
specific scaling factors. determination other require CBFO
than those documented approval (RC-
in CCP-AK-ORNL-501 3), (RC-4), (RC-
(RC-3). 8).
Use of any alternate Results from the
radiological any RH TRU
characterization container(s)
procedure other than that qualify as
DTC, with established CH and are
scaling factors as subject to NDA
documented in CCP-TP- (RC-8).
504, Revision 6, or
substantive
modification of the
DTC procedure \b\ (RC-
4).
Any new waste stream ................
not approved under
this baseline or
addition of
containers to Waste
Stream OR-REDC-RH-HET
that requires
changing the
documented
radionuclide scaling
factors in CCP-AK-
ORNL-501 (RC-4).
Visual Examination (VE)....... Implementation of VE Changes to VE
by any system other procedure(s)
than two operators that require
performing VE \c\ (VE- CBFO approval
2). (VE-1).
Addition of new
Sample Category
Groups to the
VE process that
is subject to
this proposed
approval (VE-
2).
WIPP Waste Information System None at this time..... Changes to WWIS
(WWIS). procedure(s)
that require
CBFO approval
(WWIS-1).
Changes to the
Excel
spreadsheet
titled WWIS
Data Entry
Summary
Characterizatio
n and
Certification
(WWIS-2).
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\a\ Upon receiving EPA approval, ORNL-CCP will report all T2 changes to
EPA at the end of each fiscal quarter.
\b\ ``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 ES&H, nuclear safety, or
RCRA, or that are editorial in nature.
\c\ 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.
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 ORNL-CCP 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 Albuquerque, Carlsbad, and Santa Fe, 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
[[Page 72047]]
official Air Docket since the October 1992 enactment of the WIPP LWA.
Dated: November 18, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E8-28124 Filed 11-25-08; 8:45 am]
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