[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Proposed Rules]
[Pages 68661-68662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31756]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-6505-2]
RIN 2060-AG85


Waste Characterization Program Documents Applicable to 
Transuranic Radioactive Waste From the Hanford Site 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 of 
transuranic (TRU) radioactive waste at the Hanford site proposed for 
disposal at the Waste Isolation Pilot Plant (WIPP). The documents are 
entitled: ``Hanford Site Transuranic Waste Characterization Quality 
Assurance Project Plan, HNF-2599,'' and ``Hanford Site Transuranic 
Waste Certification Plan, HNF-2600.'' They are available for review in 
the public dockets listed in ADDRESSES. EPA will conduct an inspection 
of waste characterization systems and processes and the quality 
assurance program for waste characterization at Hanford to verify that 
the site can characterize transuranic waste in accordance with EPA's 
WIPP compliance criteria. EPA will perform this inspection the week of 
January 10, 2000. 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 January 7, 2000.

ADDRESSES: Comments should be submitted to: Docket No. A-98-49, Air 
Docket, Room M-1500 (LE-131), US Environmental Protection Agency, 401 M 
Street, S.W., Washington, DC 20460. The DOE documents are available for 
review in 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, 10am-9pm, Friday-Saturday, 
10am-6pm, and Sunday 1pm-5pm; 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, 9am-5pm.
    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: Scott Monroe, Office of Radiation and 
Indoor Air, (202) 564-9310 or call EPA's toll-free WIPP Information 
Line, 1-800-331-WIPP.

SUPPLEMENTARY INFORMATION:

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. No. 102-
579), as amended (Pub. L. No. 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 the Los Alamos National Laboratory (LANL) until the EPA determines 
that the site has established and executed a quality assurance program, 
in accordance with 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) Prohibit shipment of TRU waste 
for disposal at WIPP from any site other than LANL until the EPA has 
approved the procedures developed to comply with the waste 
characterization requirements of 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 194.8. As part of EPA's decision-making 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 194.8, EPA will place such documentation in 
the official Air Docket in Washington, D.C., and informational dockets 
in the State of New Mexico for public review and comment.
    DOE has notified EPA that the Hanford site is preparing to ship 
waste to the WIPP. EPA will perform an inspection of Hanford's 
technical and quality assurance programs for waste characterization in 
accordance with Conditions 2 and 3 of the WIPP certification. The 
inspection is scheduled to take place the week of January 10, 2000.
    EPA has placed two documents pertinent to the inspection in the 
public docket described in ADDRESSES. The documents are entitled: (1) 
``Hanford Site Transuranic Waste Characterization Quality Assurance 
Project Plan, HNF-2599,'' and (2) ``Hanford Site Transuranic Waste 
Certification Plan, HNF-2600'' (Items II-A2-22 and II-A2-23). In 
accordance with 40 CFR 194.8, as amended by the final certification 
decision, EPA is providing the public 30 days to comment on these 
documents.
    If EPA determines as a result of the inspection that the proposed 
processes and programs at Hanford 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 ship transuranic waste from Hanford to the 
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.


[[Page 68662]]


    Dated: December 1, 1999.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 99-31756 Filed 12-7-99; 8:45 am]
BILLING CODE 6560-50-P