[Federal Register Volume 67, Number 158 (Thursday, August 15, 2002)]
[Proposed Rules]
[Pages 53331-53332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20865]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-7260-4]
Waste Characterization Program Documents Applicable to
Transuranic Radioactive Waste From the Los Alamos National Laboratory
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 Los Alamos National
Laboratory (LANL) proposed for disposal at the Waste Isolation Pilot
Plant (WIPP). The documents (Item II-A2-41, Docket A-98-49) are
available for review in the public dockets listed in ADDRESSES. EPA
will conduct an inspection of waste characterization systems and
processes at LANL 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 August 26, 2002.
DATES: EPA is requesting public comment on the documents. Comments must
be received by EPA's official Air Docket on or before September 16,
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 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, 9 am-5 pm.
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: Mr. 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 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 (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, 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), or of additional waste
streams at LANL other than those approved by the certification, 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, or of additional waste streams at LANL other than those
approved by the certification, until the EPA has approved the
procedures developed to
[[Page 53332]]
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 LANL's technical program for
waste characterization in accordance with Condition 3 of the WIPP
certification. Specifically, we will be examining a new piece of Non-
Destructive Assay (NDA) equipment, the Portable Tomographic Gamma
Scanner (P-TGS), for characterizing debris and homogeneous solid waste.
In addition, we will inspect two new Visual Examination (VE) techniques
applied to newly generated debris waste and packaging of sealed
sources. The inspection is scheduled to take place the week of August
26, 2002.
EPA has placed a number of DOE-submitted documents pertinent to the
inspection in the public docket described in ADDRESSES. These documents
describe the specific requirements for the new equipment, systems, and
processes that are being proposed for the LANL inspection. The
documents are listed as Item II-A2-41 in Docket A-98-49. 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 LANL 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 LANL 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 9, 2002.
Robert Brenner,
Assistant Administrator for Air and Radiation.
[FR Doc. 02-20865 Filed 8-14-02; 8:45 am]
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