```

[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62062-62066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25860]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0786; FRL-9476-3]

Proposed Approval of the Central Characterization Project's 
Remote-Handled Transuranic Waste Characterization Program at Sandia 
National Laboratory

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability; opening of public comment period.

-----------------------------------------------------------------------

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, remote-handled (RH), transuranic 
(TRU) waste characterization program implemented by the Central 
Characterization Project (CCP) at Sandia National Laboratory (SNL) in 
Albuquerque, New Mexico. 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 RH TRU debris waste from SNL-CCP during an 
inspection conducted in three steps: Observation of the Visual 
Examination (VE) and sampling process at SNL on March 8, 2011; dose-to-
curie (DTC) measurements on May 10, 2011 at SNL; and, the formal 
baseline inspection on June 7-8, 2011 in Golden, Colorado. 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 RH TRU waste consistent with 
the Compliance Criteria. The results of EPA's evaluation of SNL-CCP's 
RH 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 November 21, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0786, by one of the following methods:

[[Page 62063]]

    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-2011-0786. 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 
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 
Regulation, 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. 102-579), as amended (Pub. L. 104-201), TRU waste consists of 
materials 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 (CH) 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 shielded 
casks. 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). The Agency officially recertified WIPP 
on November 18, 2010 (75 FR 70584). 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 Los Alamos National Laboratories (LANL) until EPA determines that 
the site has established and executed a quality assurance program, in 
accordance with

[[Page 62064]]

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 Agency'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. The Agency'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 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 [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 [194.8(b)(4)]. 
The Agency is required to assign a Tier 1 (T1) or Tier 2 (T2) 
designation 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 waste characterization process (such as radioassay equipment 
or personnel), and EPA must also 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 has performed a baseline inspection of RH TRU waste 
characterization activities at SNL-CCP (EPA Inspection No. EPA-SNL-CCP-
RH-06.11-8). The purpose of EPA's inspection was to verify that the 
waste characterization program implemented at SNL-CCP for 
characterizing RH TRU, retrievably-stored, debris waste is technically 
adequate and meets the regulatory requirements at 40 CFR 194.24.
    The inspection took place in three steps: observation of the Visual 
Examination (VE) and sampling process at SNL on March 8, 2011; dose-to-
curie (DTC) measurements on May 10, 2011 at SNL; and, the formal 
baseline inspection on June 7-8, 2011, held in Golden, Colorado. The 
Agency's inspection team evaluated: acceptable knowledge (AK) records; 
DTC, in conjunction with radionuclide-specific scaling factors 
supported by radiochemical analyses of smear samples from the parcels; 
and VE to confirm the physical and radiological contents of waste 
containers.
    The inspection's scope included one RH waste stream, SNL-HCF-S5400-
RH, consisting of research and experimental debris generated at SNL 
from 1973 through 1992. Decontamination operations conducted at SNL 
from 1995-1997 produced a total of 32 parcels of RH TRU waste that 
comprise Waste Stream SNL-HCF-S5400-RH. During this inspection, 
however, EPA evaluated the characterization process for containers from 
a subset of this waste stream, specifically 19 waste parcels of the 
waste group PKE00044, referred to as PKE00044 in the accompanying 
inspection report. The remaining 13 parcels of Waste Stream SNL-HCF-
S5400-RH are in two other waste groups, PKE00047 with nine parcels and 
PKE00027/54 with four parcels. Both of these PKEs will require separate 
Tier 1 approvals prior to disposal of waste containers belonging to 
these groups at WIPP.
    EPA is proposing to approve the SNL-CCP waste characterization 
program implemented to characterize RH debris waste from the waste 
group PKE00044 that was evaluated during this baseline inspection and 
documented in the accompanying inspection report. The proposed approval 
includes the following:
    (1) The AK process for 19 parcels of the retrievably-stored TRU 
debris waste from the waste group PKE00044 belonging to SNL Waste 
Stream SNL-HCF-S5400-RH.
    (2) The radiological characterization process using DTC and scaling 
factors for assigning radionuclide values to 19 parcels of waste from 
the waste group PKE00044 from Waste Stream SNL-HCF-S5400-RH that is 
documented in CCP-AK-SNL-501, Revision 1, and supported by the 
calculation packages referenced in this report.
    (3) The VE process to identify waste material parameters (WMPs) and 
the physical form of the debris waste SNL-HCF-S5400-RH.
    This baseline inspection evaluated SNL-CCP's RH waste 
characterization program for technical adequacy and, when approved, 
SNL-CCP will continue to use the approved program components to 
characterize RH waste in accordance with the conditions and 
restrictions discussed in this report.
    This proposed approval applies to 19 parcels from the waste group 
PKE00044. Upon final approval, however, SNL-CCP may add containers to 
SNL RH waste group PKE00044, provided the following conditions are met:
    1. Additional containers have a pedigree similar to the containers 
in PKE00044 described in the accompanying inspection report; and
    2. SNL-CCP can demonstrate that the radionuclide scaling factors 
used for PKE00044 are technically appropriate for use in the DTC 
determination of the radiological characterization of the additional 
containers.

    When SNL-CCP RH identifies additional containers to be added to the 
waste group PKE00044, notification and submission of the appropriate 
supporting documentation to EPA will be necessary prior to disposal at 
the WIPP. Upon receiving the AK and radiological content documentation 
for

[[Page 62065]]

the newly-generated RH waste containers to be added to PKE00044, EPA 
will verify (a) the adequacy and applicability of the scaling factors 
discussed in the baseline inspection report to the additional 
containers, (b) the common radiological aspects of the 19 original 
parcels of PKE00044 and the additional containers, and (c) the 
technical adequacy of the AK documentation. EPA will evaluate this 
documentation and, upon determining it to be adequate, SNL-CCP may 
dispose of the additional containers at the WIPP facility.
    In addition, RH containers with different AK pedigree and new or 
different radionuclide scaling factors that may belong to the waste 
group PKE00044 and RH containers from the remaining two waste groups 
(PKE00047 and PKE00027/54) will require a T1 evaluation and approval 
prior to disposal at the WIPP.
    Table 1 below (which is outlined in the accompanying inspection 
report) identifies the proposed tiering changes based on the baseline 
inspection elements.

 Table 1--Tiering of RH TRU Waste Characterization Processes Implemented
                               by SNL-CCP
              [Based on June 6-8, 2011 baseline inspection]
------------------------------------------------------------------------
                                SNL-CCP RH Waste      SNL-CCP RH Waste
  RH Waste characterization     characterization      characterization
      process elements         process--T1 changes  process--T2 changes*
------------------------------------------------------------------------
Acceptable Knowledge (AK)...  Two remaining waste   Notification to EPA:
                               groups (PKE00047      Upon
                               and PKE00027/54)      completion of
                               belonging to a        revisions of CCP-AK-
                               debris waste stream   SNL-500, CCP-AK-SNL-
                               SNL-HCF-S5400-RH      502, CCP-TP-005, or
                               and any new RH        nonconformance and
                               waste stream not      corrective action
                               approved to date or   procedures that
                               modification of an    require CBFO
                               approved waste        approval*** (AK2,
                               stream to include     AK5, AK6, AK14).
                               additional            When the
                               containers, if new    final or revised
                               or different          WSPF, CRR, and
                               radionuclide          related attachments
                               scaling factors are   are available
                               required (AK1).       (AK10).
                              Substantive            When AK
                               modification(s)**     accuracy reports
                               that have the         are completed,
                               potential to affect   prepared annually
                               the                   at a minimum
                               characterization      (AK11).
                               process to CCP-AK-
                               SNL-500 or CCP-AK-
                               SNL-502 (AK2, AK6).
                                                        When
                                                        Attachment 4 of
                                                        CCP-TP-005 is
                                                        generated to
                                                        reflect the
                                                        updated AKSR
                                                        Source Document
                                                        Reference List
                                                        (AK6).
                                                        When Add
                                                        Container
                                                        Memoranda have
                                                        been prepared
                                                        (AK5).
                                                        When
                                                        additional
                                                        Discrepancy
                                                        Resolution
                                                        Reports have
                                                        been prepared
                                                        (AK4).
                                                        If a
                                                        Correlation and
                                                        Surrogate
                                                        Summary Form
                                                        (CSSF) is
                                                        prepared (AK11).
Radiological                  Application of new    Notification to EPA
 Characterization (RC),        scaling factors for   upon completion of
 including Dose-To-Curie       isotopic              revisions of CCP-AK-
 (DTC).                        determination other   SNL-501 or CCP-TP-
                               than those            504 that require
                               documented in CCP-    CBFO approval***
                               AK-SNL-501 (RC4,      (RC1, RC8).
                               RC5).                Notification to EPA
                              Use of any alternate   of availability of
                               radiological          a revised
                               characterization      radiological
                               procedure other       characterization
                               than DTC with         report, if required
                               established scaling   for the addition of
                               factors as            containers to the
                               documented in CCP-    approved waste
                               TP-504 and CCP-AK-    streams (RC5).
                               SNL-501, Revision
                               1, respectively, or
                               substantive
                               modification**
                               thereof (RC4, RC5).
                              Any new RH waste
                               stream not approved
                               to date or the
                               addition of
                               containers to an
                               approved waste
                               stream that
                               requires changing
                               the established
                               radionuclide
                               scaling factors or
                               radiological
                               characterization
                               process (RC1).
Visual Examination (VE).....  VE by reviewing       Notification to EPA
                               existing audio/       upon completion of
                               visual recordings     changes to VE
                               for Summary Waste     procedure(s) that
                               Category not          require CBFO
                               covered by this       approval*** (VE1)
                               approval (VE2).      Addition of new
                              VE by any new          S5000 debris waste
                               process for S5000     streams (VE2).
                               debris wastes (VE2).
------------------------------------------------------------------------
* SNL-CCP will report all T2 changes to EPA every three months.
** Substantive modification refers to a change with the potential to
  affect SNL-CCP's RH waste characterization process, e.g., the use of
  an inherently different type of measurement instrument or the use of
  probes not described in CCP-TP-504, excluding changes related to
  solely to safety or to address administrative concerns.
*** Notification to EPA is not necessary when document updates are
  editorial in nature or are required solely to address administrative
  concerns.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of the Agency's 
inspection of the SNL-CCP Site 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 above. The Agency 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

[[Page 62066]]

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 26, 2011.
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2011-25860 Filed 10-5-11; 8:45 am]
BILLING CODE 6560-50-P
```