[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Proposed Rules]
[Pages 52061-52062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21889]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-6859-4]
RIN 2060-AG85
Waste Characterization Program Documents Applicable to
Transuranic Radioactive Waste From the Rocky Flats Environmental
Technology 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, a
Department of Energy (DOE) document applicable to characterization of
transuranic (TRU) radioactive waste at the Rocky Flats Environmental
Technology Site (RFETS) proposed for disposal at the Waste Isolation
Pilot Plant (WIPP). The document is entitled, ``Operating the Neutron
Multiplicity Counters and TRIFID Gamma-Ray Isotopics Systems, Rev. 1,
12/17/99.'' It is available for review in the public dockets listed in
ADDRESSES. We will conduct an inspection of waste characterization
systems and processes at RFETS to verify that the proposed
nondestructive assay process at RFETS can characterize transuranic
waste in accordance with EPA's WIPP compliance criteria. EPA will
perform this inspection the week of September 18, 2000.
DATES: EPA is requesting public comment on the document. Comments must
be received by EPA's official Air Docket on or before September 27,
2000.
ADDRESSES: Comments should be submitted to: Docket No. A-98-49, Air
Docket, Room M-1500 (LE-131), U.S. 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, 10 am-9 pm, Friday-Saturday,
10 am-6 pm, and Sunday 1 pm-5 pm; 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 has opened the WIPP near Carlsbad, New Mexico, as a deep
geologic repository for disposal of TRU radioactive waste. As defined
by the WIPP Land Withdrawal Act (LWA) of 1992 (Public Law 102-579), as
amended (Public Law 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, we announced our 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 Secs. 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 Sec. 194.22(c)(4) (Condition
3 of appendix A to 40 CFR part 194). Our approval process for waste
generator sites is described in Sec. 194.8. As part of our decision-
making process, the DOE is required to submit to us documents
describing the 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 Sec. 194.8, we place
these documents in the official Air Docket in Washington, D.C., and in
supplementary dockets in the State of New Mexico, for public review and
comment.
EPA approved the required quality assurance program at RFETS in
March 1999. EPA also approved certain waste characterization processes
at RFETS in March 1999, June 1999, and January 2000. DOE is proposing
to use additional nondestructive assay processes that EPA did not
previously inspect at RFETS. EPA will conduct a inspection of RFETS to
verify that the proposed processes are effective as part of the system
of controls for waste characterization in accordance with 40 CFR
194.24.
We have placed the governing procedure for the Canberra Neutron
Multiplicity Counters and Transuranic Isotopic Fraction Identification
Device (TRIFID) Gamma-Ray Isotopics Systems in the public docket
described in ADDRESSES. The document is entitled, ``Operating the
Neutron Multiplicity Counters and TRIFID Gamma-Ray Isopotics Systems,
Rev. 1, 12/17/99.'' We have also placed the most recent revision (No.
4) of the RFETS ``Transuranic Waste Management Manual'' in the docket.
In accordance with 40 CFR 194.8, as amended by the final certification
decision, we are providing the public 30 days to comment on these
documents.
If we determine as a result of the inspection that the proposed
processes at RFETS 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 three
duplicate dockets in New Mexico. A letter of approval will allow the
DOE to ship from RFETS the TRU waste that may be characterized using
the approved processes. We 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
[[Page 52062]]
Docket since the October 1992 enactment of the WIPP LWA.
Dated: August 22, 2000.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 00-21889 Filed 8-23-00; 4:45 pm]
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