[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Proposed Rules]
[Pages 57190-57191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22801]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-7372-9]
Central Characterization Project Waste Characterization Program
Documents Applicable to Transuranic Radioactive Waste From the Nevada
Test Site Proposed 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 an inspection for the week of September 23, 2002, at the
Nevada Test Site (NTS). With this notice, we also announce availability
of Department of Energy (DOE) documents in the EPA Docket, and solicit
public comments on the documents available in the docket for a period
of 30 days. The following DOE documents, entitled ``CCP-PO-001--
Revision 4, May 31, 2002--CCP Transuranic Waste Characterization
Quality Assurance Project Plan'' and ``CCP-PO-002--Revision 4, May 31,
2002--CCP Transuranic Waste Certification Plan,'' are 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.
In accordance with EPA's WIPP Compliance Criteria, we will conduct an
inspection (of both waste characterization and quality assurance) at
NTS to verify that, using the systems and processes developed as part
of the DOE Carlsbad Office's central characterization project (CCP),
DOE can characterize TRU waste at NTS properly, consistent with the
Compliance Criteria.
DATES: EPA is requesting public comment on the documents. Comments must
be received by EPA's official Air Docket on or before October 9, 2002.
ADDRESSES: Comments should be submitted to: EPA Docket Center (EPA/DC),
Air and Radiation Docket, Docket No. A-98-49, EPA West, Mail Code
6102T, 1200 Pennsylvania Avenue, NW., 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
[[Page 57191]]
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: 202-566-1741; e-mail: [email protected]).
FOR FURTHER INFORMATION CONTACT: Ms. Rajani D. Joglekar, Office of
Radiation and Indoor Air, (202) 564-7734. You can also call EPA's toll-
free WIPP Information Line, 1-800-331-WIPP or visit our Web site at
http://www.epa/gov/radiation/wipp.
SUPPLEMENTARY INFORMATION
Background
DOE is operating 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 (Public Law No.
102-579), as amended (Public Law No. 104-201), transuranic (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 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) 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). The EPA's approval
process for waste generator sites is described in Sec. 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 Sec. 194.8, EPA 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 TRU waste characterization
and quality assurance activities performed by the DOE's Central
Characterization Project (CCP) staff at the Nevada Test Site (NTS) in
accordance with Condition 3 of the WIPP certification. We will evaluate
the adequacy, implementation, and effectiveness of the CCP technical
activities contracted by the NTS for characterization of the disposal
of retrievably-stored debris waste at the WIPP. The overall program
adequacy and effectiveness of CCP/NTS documents will be based on the
following DOE-provided documents: (1) CCP-PO-001--Revision 4, May 31,
2002--CCP Transuranic Waste Characterization Quality Assurance Project
Plan and (2) CCP-PO-002--Revision 4, May 17, 2002--CCP Transuranic
Waste Certification Plan. EPA has placed these DOE-provided documents
pertinent to the NTS inspection in the public docket described in
ADDRESSES. The documents are included in item II-A2-42 in Docket A-98-
49. In accordance with 40 CFR 194.8, EPA is providing the public 30
days to comment on these documents. The inspection is scheduled to take
place the week of September 23, 2002.
EPA will inspect the following technical elements for
characterizing retrievably-stored TRU debris waste: data validation and
verification, acceptable knowledge, nondestructive assay (NDA-WIT and
APNEA), Digital Radiography/Computed Tomography, visual examination,
and data tracking and reporting via the WIPP Waste Information System.
If EPA determines as a result of the inspection that the proposed
CCP waste characterization and quality assurance processes and programs
used at NTS 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 NTS 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.
Dated: August 30, 2002.
Robert Brenner,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 02-22801 Filed 9-6-02; 8:45 am]
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