[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Proposed Rules]
[Pages 57189-57190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22802]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL 7373-1]
RIN 2060-AJ07
Opportunity to Present Oral Testimony on the Agency's Proposed
Alternative Provisions to the Compliance Criteria for the Waste
Isolation Pilot Plant (WIPP); Notice of Public Hearings
AGENCY: Environmental Protection Agency.
ACTION: Notice of Public Hearings.
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SUMMARY: The Environmental Protection Agency (``EPA,'' or ``the
Agency'' or ``we'') is proposing to revise the ``Criteria for the
Certification and Recertification of the Waste Isolation Pilot Plant's
Compliance with the Disposal Regulations,'' which are used to determine
whether the Department of Energy's Waste Isolation Pilot Plant
(``WIPP'') will comply with EPA's ``Environmental Radiation Protection
Standards for Management and Disposal of Spent Nuclear Fuel, High-Level
and Transuranic Radioactive Wastes.'' The proposed revisions are as
follows: addition of a mechanism to address minor changes to the
provisions of the Compliance Criteria; changes to the approval process
for waste characterization programs at Department of Energy transuranic
sites; changes to allow for the submission of copies of compliance
applications and reference materials in alternative format; and
replacement of the term ``process knowledge'' with ``acceptable
knowledge.'' The proposed changes do not lessen the requirements for
complying with the Compliance Criteria. Moreover, these changes will
have no effect on the technical approach that EPA employs when
conducting independent inspections of the waste characterization
capabilities at DOE waste generator sites. EPA is conducting this
proposed action in accordance with the procedures for substituting
alternative provisions of the Compliance Criteria.
The official proposed rule, entitled ``40 CFR Part 194--Criteria
for the Certification and Recertification of the Waste Isolation Pilot
Plant's Compliance with the Disposal Regulations; Alternative
Provisions,'' was published in the Federal Register (67 FR 51930-51946)
on August 9, 2002. The 120-day comment period for this action will
conclude on December 9, 2002.
DATES: EPA will conduct public hearings to receive comments on the
proposed revisions to the WIPP Compliance Criteria in Albuquerque, NM
on September 24, from 1 p.m. to 5 p.m. and from 7 p.m. to 9 p.m.; and
in Santa Fe, NM from 11 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. For
further information on registration and hearing procedures, please
refer to SUPPLEMENTARY INFORMATION.
ADDRESSES: EPA's public hearings to accept comments on proposed
revisions to the WIPP Compliance Criteria will be held on September 24,
at the Albuquerque Convention Center, Picuris Room, 401 Second Street,
NW., Albuquerque, NM; and on September 25, at the Hilton Hotel, Mesa A
Room, 100 Sandoval Street, Santa Fe, NM.
Information on EPA's radioactive waste compliance criteria (40 CFR
part 194), and other WIPP-related activities (including the proposed
revisions and recertification) is listed under Dockets No. A-92-56, and
A-98-49, respectively, and is available for review at the following
three EPA WIPP docket locations in New Mexico: in Carlsbad at the
Municipal Library, Hours: Mon-Thu, 10-9, Fri-Sat, 10-6, and Sun 1-5; in
Albuquerque at the Government Publications Department, Zimmerman
Library, University of New Mexico, Hours: Mon-Thu, 8-9, Fri, 8-5, Sat-
Sun, 1-5; in Santa Fe at the New Mexico State Library (A-98-49 only),
Hours: Mon-Fri, 9-5; and in Santa Fe at the Fogelson Library, College
of Santa Fe (A-93-02 only), Hours: Mon-Thu, 8-Midnight, Fri, 8-5, Sat,
9-5, and Sun, 1-9. For purposes of judicial review, EPA's official
docket for all rulemaking activities under the Waste Isolation Pilot
Plant Land Withdrawal Act, as amended, is located in Washington, DC in
the Air Docket, EPA Docket Center (EPA/DC), EPA West, Mail Code 6102T,
1200 Pennsylvania Avenue, NW., Washington, DC 20460.
In addition, the proposed rule and related documents may also be
obtained online through EPA's new electronic docketing system, EDOCKET,
which is available on the world wide web (http://www.epa.gov/edocket).
The EDOCKET No. for this action is OAR-2002-0005. Interested parties
can also view and obtain these documents through EPA's WIPP Web site
(http://www.epa.gov/radiation/wipp) or call EPA's 24-hour toll-free
WIPP Information Line, 1-800-331-WIPP for general information about the
proposed revisions.
FOR FURTHER INFORMATION CONTACT: Rafaela Ferguson, Office of Radiation
and Indoor Air, (202) 564-9362 or call EPA's EPA's contractor-operated,
toll-free number 1-800-275-2209, Monday thru Friday between 9 a.m. and
5:30 p.m. Central Standard Time (CST).
SUPPLEMENTARY INFORMATION: The Waste Isolation Pilot Plant (``WIPP'')
is a disposal system for transuranic radioactive waste. Developed by
the Department of Energy (``DOE'' or ``the Department''), the WIPP is
located near Carlsbad in southeastern New Mexico. Transuranic (TRU)
wastes are emplaced 2,150 feet underground in an ancient layer of salt
which will eventually ``creep'' and encapsulate waste containers. The
WIPP has a total capacity of 6.2 million cubic feet of TRU waste.
Congress authorized the development and construction of the WIPP in
1980.
The WIPP is the nation's first deep geological repository for the
disposal of TRU waste generated by defense activities associated with
nuclear weapons; no high level waste or spent nuclear fuel from the
commercial power plants may be disposed at the WIPP. TRU waste is
defined as material containing alpha-emitting radioisotopes, with half
lives greater than twenty years and atomic numbers above 92, in
concentrations greater than 100 nano-curies per gram of wastes.
Most TRU waste proposed for disposal at WIPP consists of items that
have become contaminated as a result of activities associated with the
production of nuclear weapons (or with the clean-up of weapons
production facilities), e.g., rags, equipment, tools, protective gear,
and organic and inorganic sludges. The waste proposed for disposal at
WIPP is currently stored at Federal facilities across the United
States,
[[Page 57190]]
including locations in Colorado, Idaho, New Mexico, Nevada, Ohio, South
Carolina, Tennessee, and Washington.
On February 9, 1996, EPA announced its final compliance criteria
(40 CFR part 194) for determining whether the WIPP will comply with
EPA's environmental radiation protection standards for the disposal of
radioactive waste in 40 CFR part 191. The compliance criteria
implemented the radiation protection standards by applying them to the
proposed disposal of transuranic waste in the WIPP. The EPA was
required by the WIPP Land Withdrawal Act of 1992 (Public Law 102-579)
to evaluate whether the WIPP will comply with Subparts B and C of the
40 CFR part 191 (known as the ``disposal regulations'') and issue or
deny a certification of compliance.
On May 13, 1998, EPA announced its final compliance certification
decision (published in the Federal Register on May 18, 1998, at 63 FR
27354). This decision states that the WIPP complies with the EPA's
radioactive waste disposal regulations at 40 CFR part 191, subparts B
and C.
As mandated by Congress in the WIPP Land Withdrawal Act, EPA has
regulatory authority over many of DOE's WIPP-related activities for the
operational lifetime of the facility, approximately 35 years. EPA must
also recertify WIPP's compliance every five years; the first
recertification decision will occur in 2004. DOE must report changes in
activities or conditions at the WIPP that differ significantly from the
information contained in the most recent compliance application. The
Agency reviews such information as it is received to determine whether
the ``certification'' must be modified, suspended, or revoked. In
addition to review changes, EPA monitors the continued compliance of
the WIPP facility and related waste characterization activities at the
waste generator sites by conducting audits and inspections.
EPA is proposing to revise certain provisions of the Compliance
Criteria at 40 CFR part 194. As outlined in the official Federal
Register notice (67 FR 51930-51946), EPA is proposing to (1) Revise the
process for establishing ``alternative provisions'' in Sec. 194.6; (2)
revise the approval process in Sec. 194.8 for waste characterization
processes at TRU waste generator sites for disposal at WIPP; (3) revise
the requirements in Sec. Sec. 194.12 and 194.13 for submission of
compliance applications and reference materials; and (4) change the
term ``process knowledge'' to ``acceptable knowledge'' in Sec.
194.24(c)(3). The proposed revisions are intended to ensure that 40 CFR
part 194 remains comprehensive, appropriate, and based upon current
knowledge and information. The Agency is soliciting comments on this
proposal.
Hearing Procedures
Testifiers are requested to pre-register by calling EPA's
contractor-operated, toll-free number 1-800-275-2209, Monday thru
Friday between 9 a.m. and 5:30 p.m. Central Standard Time (CST). Please
provide the following information when registering: Name, organization
(if any), address, hearing date and location, time(s) available to
testify, and daytime telephone number. Registrations must be received
by 12 p.m. CST, September 20, 2002, in order to guarantee an
opportunity to testify. Speakers not registered in advance may register
at the door and will be scheduled to testify, if openings are still
available and time permits.
Individuals testifying on their own behalf will be allowed 5
minutes. One individual may testify as the official representative or
spokesperson on behalf of groups and organization and will be allocated
10 minutes for an oral presentation. Time allowed is exclusive of any
time consumed by questions from the government panel and answers to
these questions. Written comments will be considered to the same extent
as oral testimony and will be included as part of the official hearings
transcripts. The hearing transcript will constitute the official record
of the hearing. All written comments which are submitted outside of the
public hearings must be received by the HQ EPA Air Docket (through
EDOCKET, e-mail, regular mail, or fax) by December 9, 2002. These
comments will also be given EPA's full consideration. Thus, all
comments received by EPA, whether written or oral, will be given equal
consideration in development of the final rule. [Note: The dockets in
New Mexico only contain major items from the official docket (WDC) plus
all those documents added to the official docket since October 1992
when the WIPP Land Withdrawal Act was enacted.] As provided in 40 CFR
part 2, a reasonable fee may be charged for photocopying docket
materials.
Dated: August 30, 2002.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 02-22802 Filed 9-6-02; 8:45 am]
BILLING CODE 6560-50-P