[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Notices]
[Pages 54631-54634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22335]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2010-0711; FRL-9198-5]
Proposed Approval of the Central Characterization Project's
Transuranic Waste Characterization Program at the Hanford Site
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability; opening of public comment period.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
announcing the availability of, and soliciting public comments for 45
days on, the proposed approval of the radioactive contact-handled (CH)
transuranic (TRU) waste characterization program implemented by the
Central Characterization Project (CCP) at the Hanford Site in Richland,
Washington. 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
characterization of TRU debris waste from Hanford-CCP during an
inspection conducted on April 27-29, 2010. Using the systems and
processes developed as part of the U.S. Department of Energy's (DOE's)
Carlsbad Field Office (CBFO) program, EPA verified whether DOE could
adequately characterize CH TRU debris waste, consistent with the
Compliance Criteria. The results of EPA's evaluation of Hanford-CCP's
waste characterization program and its proposed approval are described
in the Agency'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 the 40 CFR
194.8, at the end of a 45-day comment period EPA will evaluate public
comments received, and if appropriate, finalize the reports responding
to the relevant public comments and issue a final report and approval
letter to DOE.
DATES: Comments must be received on or before October 25, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0711, by one of the following methods:
http://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-2010-0711. 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 http://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 http://www.regulations.gov or e-mail. The http://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 http://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
[[Page 54632]]
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 http://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 http://www.regulations.gov. 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 or Ed Feltcorn,
Radiation Protection Division, Center for Waste Management and
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] or [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
http://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. No. 102-579), as amended (Pub. L. No. 104-201), TRU waste consists
of materials with radionuclides that have 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.
TRU waste is itself divided into two categories, based on its level
of radioactivity. Contact-handled TRU waste accounts for about 97
percent of the volume of TRU waste currently destined for the WIPP. It
is packaged in 55-gallon metal drums or in metal boxes and can be
handled under controlled conditions without any shielding beyond the
container itself. The maximum radiation dose at the surface of a CH TRU
waste container is 200 millirems per hour. CH waste primarily emits
alpha particles that are easily shielded by a sheet of paper or the
outer layer of a person's skin.
Remote-handled (RH) TRU waste emits more radiation than CH TRU
waste and must therefore be both handled and transported in specially
shielded containers. Surface radiation levels of unshielded containers
of remote-handled transuranic waste exceed 200 millirems per hour. RH
waste primarily emits gamma radiation, which is very penetrating and
requires concrete, lead, or steel to block it.
On May 13, 1998, EPA issued a final certification of compliance for
the WIPP facility. The final rule was published in the Federal Register
on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March
29, 2006 (71 FR 18015). Both the certification and recertification
determined that WIPP complies with the Agency's radioactive waste
disposal regulations at 40 CFR part 191, subparts B and C, and is
therefore safe to contain TRU waste.
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
assurance program, in accordance with 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 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 194.8 (revised July 2004).
Condition 3 of the WIPP Certification Decision requires EPA to
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. EPA's inspection and
approval process gives EPA (a) Discretion in establishing technical
priorities, (b) the ability to accommodate variation in the site's
waste characterization capabilities, and (c) flexibility in scheduling
site waste characterization inspections.
As described in Section 194.8(b), EPA's baseline inspections
evaluate each waste characterization process component (equipment,
procedures, and personnel training/experience) for its adequacy and
appropriateness in characterizing TRU waste destined for disposal at
WIPP. During an inspection, the site demonstrates its capabilities to
characterize TRU waste(s) and its ability
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to comply with the regulatory limits and tracking requirements under
194.24. A baseline inspection may describe any limitations on approved
waste streams or waste characterization processes [Sec.
194.8(b)(2)(iii)]. In addition, a baseline inspection approval must
specify what subsequent waste characterization program changes or
expansion should be reported to EPA [Sec. 194.8(b)(4)]. The Agency is
required to assign Tier 1 (T1) and Tier 2 (T2) designations to the
reportable changes depending on their potential impact on data quality.
A T1 designation requires that the site notify EPA of proposed changes
to the approved components of an individual waste characterization
process (such as radioassay equipment or personnel), and that EPA
approve the change before it can be implemented. A waste
characterization element with a T2 designation allows the site to
implement changes to the approved components of individual waste
characterization 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 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
194.24(h).
The site inspection and approval process outlined in 194.8 requires
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 waste characterization processes EPA
inspected at the site, as well as their compliance with 194.24
requirements.
III. Proposed Baseline Compliance Decision
EPA conducted Baseline Inspection No. EPA-Hanford-CCP-CH-04.10-8 of
the waste characterization program for CH TRU waste at the Hanford site
on April 27-29, 2010. In accordance with the provisions of 40 CFR
194.8(b), EPA evaluated the site's program to characterize wastes
proposed for disposal at the Waste Isolation Pilot Plant (WIPP). EPA is
seeking public comment on the proposed approval which, when finalized,
will allow the Hanford-CCP to characterize and dispose of CH TRU debris
waste at the WIPP.
The EPA inspection team identified five concerns, all of which
required a response. EPA Inspection Issue Tracking Forms (see
Attachments C.1 through C.4 and C.6 of the accompanying inspection
report) document these concerns. The EPA inspection team also
identified one finding (Hanford-CCP-CH-VE-10-005F, Final, see
Attachment C.5 of the accompanying inspection report). Personnel from
Hanford-CCP and Carlsbad Field Office (CBFO) provided information to
resolve these concerns to EPA after the inspection. The information
provided to EPA adequately addressed the finding and concerns. EPA
considers the one finding and the five concerns related to Hanford-CCP
to be resolved, and there are no open issues resulting from this
inspection.
The EPA inspection team determined that the Hanford-CCP waste
characterization program for retrievably-stored CH TRU debris waste was
technically adequate. EPA, therefore, is proposing to approve the
Hanford-CCP CH TRU waste characterization program in the configuration
observed during this inspection and described in this report and the
attached checklists (Attachments A.1 through A.5). This approval
includes the following:
(1) The acceptable knowledge (AK) process for CH retrievably-stored
TRU debris wastes.
(2) The Canberra Gamma Energy Analysis (GEA) systems (units GEA-A
and GEA-B) for assaying CH TRU wastes.
(3) The nondestructive examination (NDE) process of real-time
radiography (RTR) for CH TRU debris wastes.
(4) The NDE process of visual examination (VE) for CH TRU debris
waste.
(5) The WIPP Waste Data System (WDS) process for tracking waste
contents of CH TRU wastes.
As part of Item 3 above, when estimating observable, free
liquid in a CH container, if a mathematical equation is used to
calculate the quantities of liquid, the mathematical equation used and
resulting calculation must be recorded. Auditable records thus are
available to verify estimated quantities of liquid in a container.
Hanford-CCP must report any Tier 1 (T1) or Tier 2 (T2) changes to the
Hanford-CCP waste characterization activities from the date of the
baseline inspection according to Table 1, below. Reference to the
specific section of this report where each T1 or T2 change is discussed
is included in parentheses following the change. Table 1 in the
accompanying inspection report closely follows the format used in
previous CH baseline approval reports. Footnote b in Tables 1 and 10
specifies that ``substantive changes'' are changes with the potential
to impact the site's waste characterization activities under 40 CFR
194.24 or the documentation thereof, excluding changes that are solely
related to environmental safety and health (ES&H), nuclear safety, or
the Resource Conservation and Recovery Act (RCRA), or that are
editorial in nature.
Table 1--Tiering of CH TRU WC Processes Implemented by HANFORD-CCP,
Based on April 27-29, 2010 Baseline Inspection
------------------------------------------------------------------------
Hanford-CCP T1
changes needing Hanford-CCP T2
Process elements EPA review and changes \a\
approval
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Acceptable Knowledge (AK)..... Implementation of Notification to EPA
load management upon completion of
(AK 13). new versions or
updates/substantive
changes \b\ of the
following:
Implementation of --Modification of
AK for wastes CCP-TP-005,
other than Revision 18 (AK
retrievably- 4);
stored debris --Availability of
(i.e., modifications to the
retrievably- AKSR (AK 5);
stored soil/ --Availability of all
gravel and/or final WSPF with
solids) (AK 1). related attachments
(AK 9);
--Availability of all
AK Accuracy Reports
(AK 12);
--Availability of
successful training
records (AK 10);
--Availability of the
AK-NDA memorandum
(AK 14).
Non Destructive Assay (NDA)... New equipment or Notification to EPA
physical upon completion of
modifications to changes to software
approved for approved
equipment \c\ equipment, operating
(NDA 1). range(s), and site
procedures that
require CBFO
approval (NDA 2).
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Extension or
changes to
approved
calibration
range for
approved
equipment (NDA
2).
Real-Time Radiography (RTR)... Implementation of Notification to EPA
a different type upon the following:
of RTR equipment --Modification \c\ to
(RTR 2). approved equipment,
RTR units A and B
(RTR 2);
--Completion of
changes to site RTR
procedures requiring
CBFO approvals (RTR
2);
--Addition of new SCG
to the RTR processes
that are subject to
this approval (RTR
2).
Visual Examination (VE)....... Performance of VE Notification to EPA
by any method upon the following:
other than using --Completion of
two trained changes to site VE
operators to procedure(s)
perform actual requiring CBFO
VE at the time approvals (VE 2);
of packaging (VE --Addition of new SCG
1). to the VE processes
that are subject to
this approval (VE
2).
Waste Data System (WDS)....... There are no T1 Notification to EPA
changes at this upon the following:
time. --Completion of
changes to WDS
procedure(s)
requiring CBFO
approvals (WDS 2);
--Changes to the
Excel spreadsheet
titled WDS Master
Template.xls,
Revision 2, Addendum
2, SCO
1065 (WDS
2).
------------------------------------------------------------------------
\a\ Upon receiving EPA approval, Hanford-CCP will report all T2 changes
to EPA at the end of each fiscal quarter.
\b\ ``Substantive changes'' are changes with the potential to impact the
site's waste characterization activities or documentation thereof,
excluding changes that are solely related to ES&H, nuclear safety, or
RCRA, or that are editorial in nature.
\c\ 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.
IV. Availability of the Baseline Inspection Report for Public Comment
EPA has placed the report discussing the results of the Agency's
inspection of Hanford-CCP 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 proposed approval decision, as described in the inspection report.
EPA will accept public comment on this notice and supplemental
information as described in Section 1.B. above. 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 comments and revise the inspection report as necessary. If
appropriate, the Agency will then issue a final approval letter and
inspection report, both of which will be posted on the WIPP Web site.
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 Albuquerque, Carlsbad, and Santa Fe, 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: September 1, 2010.
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2010-22335 Filed 9-7-10; 8:45 am]
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