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[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Notices]               
[Page 54631-54634]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se10-78]                         

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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 a-and-r-docket@epa.gov.
     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: 
joglekar.rajani@epa.gov or feltcorn.ed@epa.gov.

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

[[Page 54633]]

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
------------------------------------------------------------------------
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).

[[Page 54634]]

                                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]
BILLING CODE 6560-50-P
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