[Federal Register Volume 71, Number 146 (Monday, July 31, 2006)]
[Notices]
[Pages 43150-43154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12215]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2006-0597; FRL-8204-5]
Proposed Approval of the Advanced Mixed Waste Treatment Project's
Transuranic Waste Characterization Program at Idaho National Laboratory
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 45
days on, the proposed approval of the radioactive, transuranic
(``TRU'') waste characterization program implemented by the Advanced
Mixed Waste Treatment Project (``AMWTP'') at Idaho National Laboratory
(``INL''). This waste is intended for disposal at the Waste Isolation
Pilot Plant (``WIPP'') in New Mexico. In accordance with the WIPP
Compliance Criteria, EPA evaluated the AMWTP/INL's characterization of
TRU debris and solid waste from AMWTP/INL during an inspection
conducted March 27-March 31, 2006. Using the systems and processes
developed as part of the Department of Energy's (``DOE's'') Carlsbad
Field Office (``CBFO''), EPA verified whether DOE could adequately
characterize TRU waste consistent with the Compliance Criteria. The
results of EPA's evaluation of the AMWTP/INL program and the proposed
approval are described in EPA's inspection report, which is 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.
This notice summarizes the waste characterization processes
evaluated by EPA and EPA's proposed approval. As required by 40 CFR
194.8, at the end of a 45-day comment period, EPA will evaluate public
comments received, finalize the report responding to the relevant
public comments, and issue the final report and an approval letter to
DOE's CBFO. Based on previous EPA inspections and approvals, AMWTP/INL
is currently approved to dispose of debris and solid waste at WIPP.
AMWTP/INL is permitted to continue waste characterization and disposal
in accordance with prior site approvals
[[Page 43151]]
while EPA establishes a baseline approval.
DATES: Comments must be received on or before September 14, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0597, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: to [email protected]
Fax: 202-566-1741
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2006-0597. The Agency's policy is that all comments received will
be included in the public docket without change and may be made
available online at www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
www.regulations.gov or e-mail. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at www.regulations.gov or in hard copy at the Air and Radiation Docket
in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is 202-566-1744, and the telephone number for the Air and
Radiation Docket is (202) 566-1742. These documents are also available
for review in hard-copy form 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., phone number:
505-885-0731; in Albuquerque at the Government Publications Department,
Zimmerman Library, University of New Mexico, Hours: Vary by semester,
phone number: 505-277-2003; and in Santa Fe at the New Mexico State
Library, Hours: Monday-Friday, 9 a.m.-5 p.m., phone number: 505-476-
9700. 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: Rajani Joglekar, Radiation Protection
Division, Center for Federal Regulations, Mail Code 6608J, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington,
DC 20460; telephone number: 202-343-9601; fax number: 202-343-2305; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. 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 (Pub. L. 102-
579), as amended (Pub. L. 104-201), TRU waste consists of materials
containing processes 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 Laboratories (LANL) until the EPA
determines that the site has established and executed a quality
[[Page 43152]]
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)
(with the exception of specific, limited waste streams and equipment at
LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or
any other site) 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). The EPA's
approval process for waste generator sites is described in Sec. 194.8.
In July 2004, EPA promulgated changes to the ``Criteria for the
Certification and Recertification of the Waste Isolation Pilot Plant's
Compliance with Disposal Regulations'' (69 FR 42571-42583, July 16,
2004). These changes went into effect October 14, 2004, which modified
the EPA approval of waste characterization (``WC'') programs at DOE's
TRU waste sites. These revisions provide equivalent or improved
oversight and better prioritization of technical issues in EPA
inspections to evaluate WC activities at DOE WIPP waste generator
sites, and also offer more direct public input into the Agency's
decisions about what waste can be disposed of at WIPP. They do not
modify the technical approach that EPA has employed since the 1998 WIPP
Certification Decision.
Condition 3 of the WIPP Certification Decision requires that EPA
conduct independent inspections at DOE's waste generator/storage sites
of their TRU waste characterization capabilities before approving their
program and the waste for disposal at the WIPP. The revised inspection
and approval process gives EPA greater (a) discretion in establishing
technical priorities, (b) ability to accommodate variation in the
site's waste characterization capabilities, and (c) flexibility in
scheduling site WC inspections. The Sec. 194.8 changes require that
EPA conduct a baseline inspection at every previously approved TRU site
(such as AMWTP/INL). EPA expects that within two years after the
effective date of October 2004 most of the previously approved TRU
sites (such as Hanford, Los Alamos CCP, and Savannah River Site CCP)
will undergo EPA baseline inspections. Following these inspections, the
Agency will issue a new baseline compliance decision for these sites.
As part of the baseline inspection, EPA must evaluate each WC
process component (equipment, procedures, and personnel training/
experience) for its adequacy and appropriateness in characterizing TRU
waste destined for the disposal at WIPP. During the inspection, the
site demonstrates its capabilities to characterize TRU waste(s) and its
ability to comply with the regulatory limits and tracking requirements
under Sec. 194.24. The baseline inspection can result in approval with
limitations/conditions or may require follow-up inspection(s) before
approval. The approval must specify what subsequent WC program changes
or expansion should be reported to EPA. The Agency is required to
assign Tier 1 (``TI'') and Tier 2 (``T2'') to the reportable changes
depending on their potential impact on data quality. A T1 designation
requires that the site must notify EPA of proposed changes to the
approved components of an individual WC process (such as radioassay
equipment or personnel), and EPA must also approve the change before it
can be implemented. A WC element with a T2 designation allows the site
to implement changes to the approved components of individual WC
processes (such as visual examination procedures) but requires EPA
notification. The Agency may choose to inspect the site to evaluate
technical adequacy before approval. EPA inspections conducted to
evaluate T1 or T2 changes are follow-up inspections under the authority
of Sec. 194.24(h). In addition to the follow-up inspections, if
warranted, EPA may opt to conduct continued compliance inspections at
TRU waste sites with a baseline approval under the authority of Sec.
194.24(h).
The revisions to the site inspection and approval process outlined
in Sec. 194.8 require EPA to issue a Federal Register notice proposing
the baseline compliance decision, docket the inspection report for
public review, and seek public comment on the proposed decision for a
period of 45 days. The report must describe the WC processes EPA
inspected at the site, as well as their compliance with Sec. 194.24
requirements.
III. Proposed Baseline Compliance Decision
From March 27--March 31, 2006, EPA performed a baseline inspection
of TRU waste characterization activities of DOE's AMWTP at INL (EPA
Inspection No. EPA-AMWTP-03.06-8).
The purpose of EPA's inspection was to verify that AMWTP is
characterizing CH TRU retrievably-stored debris waste (S5000) and solid
waste (S3000), as well as CH TRU newly-generated debris waste (S5000),
from INL properly and in compliance with the regulatory requirements at
40 CFR 194.24. During the inspection, EPA also evaluated AMWTP's use of
the WIPP Waste Information System (``WWIS'') for tracking the contents
of CH TRU waste containers destined for disposal at WIPP. This tracking
ensures that the volume emplaced in the WIPP repository and
characteristics of the emplaced wastes conform to the requirements of
the WIPP LWA and the specific conditions of the WIPP Certification
Decision.
During the inspection, EPA evaluated the adequacy, implementation,
and effectiveness of AMWTP/INL's waste characterization activities. The
Agency's evaluation focused on the individual components--equipment,
procedures, and personnel training/experience of the following waste
characterization processes: acceptable knowledge (``AK''),
nondestructive assay (``NDA''), visual examination techniques
(``VET''), visual examination/real-time radiography (``VE/RTR''), load
management, and the WWIS. The overall program adequacy and
effectiveness of AMWTP/INL was based on DOE-provided upper-tier
documents.
EPA evaluated the waste characterization processes at AMWTP/INL for
specific CH TRU waste categories, as follows:
Acceptable knowledge (AK) and load management for CH
retrievably-stored and newly-generated TRU debris waste (S5000) and
retrievably-stored solids (S3000)
Visual examination technique (VET) for CH newly-generated
debris waste (S5000)
Visual examination (VE) as quality control (QC) check of
real-time radiography (RTR) and VE in lieu of RTR for CH retrievably-
stored TRU debris waste (S5000) and solids (S3000)
RTR for CH retrievably-stored TRU debris waste (S5000) and
solids (S3000)
Nondestructive assay (NDA) and the WIPP Waste Information
System (WWIS) for CH retrievably-stored and newly-generated TRU debris
waste (S5000) and retrievably-stored solids (S3000) for Integrated
Waste Assay System (IWAS) units Z-211-102 and -103, and CH retrievably-
stored and newly-generated TRU debris waste (S5000) only for IWAS units
Z-390-100 and -101
Debris waste that has been removed from standard waste
boxes and damaged 55-gallon drums, repackaged in 55-gallon drums for
supercompaction
Four NDA IWAS units were evaluated. IWAS units Z-211-102 and -103
were evaluated for characterizing debris (S5000) and solid (S3000)
wastes. IWAS units Z-390-100 and 101 were
[[Page 43153]]
evaluated for characterizing debris (S5000) only.
In addition to reviewing individual components (namely, procedures,
and equipment) of each of the WC processes (AK, NDA, VET, VE/RTR, load
management, and the WWIS), the Agency interviewed and reviewed training
records of personnel responsible for compiling data, analyzing waste
contents, operating equipment, and preparing data for WWIS tracking.
EPA also required radioassay replicate analysis on selected containers
from the population of previously analyzed waste containers on the same
system or instrument for the two different waste categories. The
purpose of this replicate testing is to provide EPA with an independent
means to verify that the radioassay equipment being assessed for
approval can provide consistent, reproducible results for the
determination of the quantity of 10 WIPP-tracked radionuclides (241Am,
137Cs, 238Pu, 239Pu, 240Pu, 242Pu, 90Sr, 233U, 234U, and 238U) as well
as TRU alpha concentration. The results of the replicate analysis help
EPA to determine whether:
The instrument produces results consistent with the
reported total measurement uncertainty (``TMU'') by comparing the
sample standard deviation for a number of replicate measurements taken
over several hours or days to the reported TMU.
The instrument provides reproducible results over longer
periods of time, such as weeks or months, by comparing the results of
the replicate measurement(s) to the original reported values.
EPA's inspection team did not identify any findings or concerns
during the inspection, and determined that AMWTP/INL's WC program
activities were technically adequate. EPA is proposing to approve the
AMWTP--INL WC program in the configuration observed during this
inspection and described in this report and in the checklists in
Attachment A. This proposed approval includes the following waste
characterization activities:
(1) The AK and load management process for CH retrievably-stored
TRU debris and solids.
(2) Two NDA systems (IWAS units Z-211-102 and Z-211-103) for
assaying CH retrievably-stored or newly-generated debris and solid
wastes in both 55- and 85-gallon containers.
(3) Two NDA systems (IWAS units Z-390-100 and Z-390-101) for
assaying only CH retrievably-stored or newly-generated debris wastes in
55-gallon containers.
(4) VE as a QC check of the RTR process for retrievably-stored
debris and solid wastes, including VE performed in lieu of RTR.
(5) The VET process for newly-generated debris wastes.
(6) RTR for retrievably-stored S5000 debris and S4000 solid wastes.
(7) The WWIS for the purpose of data transfer and tracking waste
contents of debris and solid wastes including 100-gallon overpack
containers.
As required by the new Sec. 194.8 revisions, EPA has assigned
specific requirements for reporting changes to an approved waste
characterization program. As seen from the table below, Tier 1 changes
require EPA approval prior to implementation of the change and may
require EPA inspection to determine technical adequacy. Tier 2 changes
may be implemented prior to EPA approval; however, this type of change
must be reported to EPA quarterly. Any changes to WC activities from
the date of the baseline inspection must be reported to and, if
applicable, approved by EPA, according to the following table:
Table 1.--Proposed Tiering of TRU WC Processes Implemented by AMWTP
[Based on March 28-30, 2006, Baseline Inspection]
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AMWTP WC process specific AMWTP WC process AMWTP general T2
WC process elements T1 changes specific T2 changes* changes*
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AK including Load Management..... Any new waste category... Waste Stream Profile Changes to site
Changes to WWIS Forms, including procedures requiring
algorithms specific to updates or additions to approvals by the
load management. waste stream(s) within Carlsbad Field Office
an approved waste (CBFO) and other
category (see Section changes as discussed in
8.1). Section 8.1 of this
Changes in load report.
management status of
approved waste
stream(s).
NDA.............................. New equipment or physical Changes to software for Changes to site
modifications to approved equipment (see procedures requiring
approved equipment.** Section 8.2). CBFO approvals and
Changes to approved Changes to operating other changes as
calibration range for range(s) upon CBFO discussed in Section
approved equipment (see approval. 8.2 of this report.
Section 8.2)..
RTR.............................. N/A...................... New equipment or changes Changes to site
to approved equipment. procedures requiring
CBFO approvals and
other changes as
discussed in Section
8.3 of this report.
VE and VET....................... Changes in vendor Addition of new waste Changes to site
performing VE and/or VET. category. procedures requiring
Addition of new CBFO approvals and
procedure or site other changes as
equipment identifier. discussed in Section
8.4 of this report.
WWIS............................. N/A...................... N/A..................... Changes to site
procedures requiring
CBFO approvals and
other changes as
discussed in Section
8.5 of this report.
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* Upon receiving EPA approval, AMWTP will report all T2 changes to EPA every three months.
** Modifications to approved equipment include all changes with the potential to affect NDA data relative to
waste isolation, and exclude minor changes such as the addition of safety-related equipment.
EPA will notify the public of its evaluation results for proposed
Tier 1 (T1) and Tier 2 (T2) changes on the EPA Web site and by sending
e-mails to the WIPP-NEWS list (see Section 2.0, below, for a brief
discussion of tiering).
[[Page 43154]]
All T1 changes that are submitted for approval before their
implementation will be evaluated by EPA and, upon approval, EPA will
post the evaluation results on the EPA Web site and the WIPP-NEWS list,
as described above. EPA will post T2 changes approximately every three
months beginning with the date of EPA's approval of the TRU WC program
implemented at AMWTP/INL. EPA expects the first report of T2 changes at
AMWTP/INL approximately three months from the FR notice accompanying
this report.
The scope of the AMWTP baseline is based on EPA's inspection of the
WC system of controls. EPA will not approve any changes to the AMWTP
program until after EPA issues the baseline approval. AMWTP is
currently approved to dispose of retrievably-stored and newly-generated
debris (S5000) and retrievably-stored solid (S3000) wastes at the WIPP,
and AMWTP is permitted to continue WC and disposal in accordance with
prior site approvals during the period before EPA approves the final
baseline.
IV. Availability of the Baseline Inspection Report for Public Comment
EPA has placed the report discussing the results of EPA's
inspection of AMWTP at INL in the public docket as described in
ADDRESSES. In accordance with 40 CFR 194.8, EPA is providing the public
45 days to comment on these documents. The Agency requests comments on
the tiering designations and the proposed approval decision. EPA will
accept public comment on this notice and supplemental information as
described in Section 1.B. above. The EPA will not make a determination
of compliance before the 45-day comment period ends. At the end of the
public comment period, EPA will evaluate all relevant public comment
and revise the inspection report as necessary. The Agency will then
issue an approval letter and the final inspection report, both of which
will be posted on the WIPP Web site. The letter of approval will allow
AMWTP to use the approved TRU waste characterization processes to
characterize waste at INL.
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 the three EPA WIPP informational docket
locations in New Mexico (as listed in ADDRESSES). 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: July 11, 2006.
Barnes Johnson,
Acting Director, Office of Radiation and Indoor Air.
[FR Doc. E6-12215 Filed 7-28-06; 8:45 am]
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