[Federal Register Volume 66, Number 228 (Tuesday, November 27, 2001)]
[Proposed Rules]
[Pages 59207-59208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29455]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7108-3]
RIN 2060-AG85


Waste Characterization Program Documents Applicable to 
Transuranic Radioactive Waste From the Savannah River 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, or ``we'') 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 Savannah 
River Site proposed for disposal at the Waste Isolation Pilot Plant 
(WIPP). The documents are entitled: ``Savannah River Site WIPP Disposal 
Program Quality Assurance Project Plan, WSRC-RP-99-01097''; ``Savannah 
River Site WIPP Disposal Program Quality Assurance Program Document, 
WSRC-RP-99-01119''; and ``Savannah River Site WIPP Disposal Program 
Waste Certification Plan, WSRC-RP-99-01095.'' They are available for 
review in the public dockets listed in ADDRESSES. We will conduct an 
inspection of waste characterization systems and processes and the 
quality assurance program for waste characterization at the Savannah 
River Site to verify that the site can characterize transuranic debris 
waste in accordance with EPA's WIPP compliance criteria. We will 
perform this inspection during the week of December 10, 2001. This 
notice of the inspection and comment period accords with 40 CFR 194.8.

[[Page 59208]]


DATES: EPA requests public comment on the documents. Comments must be 
received by EPA's official Air Docket on or before December 27, 2001.

ADDRESSES: Comments should be submitted to: Docket No. A-98-49, Air 
Docket, Room M-1500, U.S. Environmental Protection Agency, 401 M 
Street, SW., Mail Code 6102, 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 a.m.-9 p.m., Friday-
Saturday, 10 a.m.-6 p.m., and Sunday 1 p.m.-5 p.m.; 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, 9 a.m.-5 p.m.
    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. Air Docket A-98-49 in Washington, DC, accepts comments 
sent electronically or by fax (fax: 202-260-4400; e-mail: [email protected]).

FOR FURTHER INFORMATION CONTACT: Ed Feltcorn, Office of Radiation and 
Indoor Air, (202) 564-9422. You can also call EPA's toll-free WIPP 
Information Line, 1-800-331-WIPP or visit our website at http://www.epa/gov/radiation/wipp.

SUPPLEMENTARY INFORMATION:

Background

    DOE operates 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, 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 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 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). EPA's 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 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 Sec. 194.8, we will place 
such documentation in the official Air Docket in Washington, DC, and 
informational dockets in the State of New Mexico for public review and 
comment.
    EPA will perform an inspection of the Savannah River Site'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 December 10, 2001.
    EPA has placed two documents pertinent to the inspection in the 
public docket described in ADDRESSES. The documents are entitled: 
``Savannah River Site WIPP Disposal Program Quality Assurance Project 
Plan, WSRC-RP-99-01097,'' ``Savannah River Site WIPP Disposal Program 
Quality Assurance Program Document, WSRC-RP-99-01119''; and ``Savannah 
River Site WIPP Disposal Program Waste Certification Plan, WSRC-RP-99-
01095'' (Item II-A2-28). 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 and programs at the Savannah River Site 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 debris waste belonging 
to approved waste streams from the Savannah River Site to the WIPP. 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 Docket since the October 1992 enactment of the WIPP 
LWA.

    Dated: November 20, 2001.
Robert D. Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 01-29455 Filed 11-26-01; 8:45 am]
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