[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Pages 33277-33280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14193]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2011-0479; FRL-9317-1]
Proposed Approval of the Central Characterization Project's
Remote-Handled Transuranic Waste Characterization Program at Bettis
Atomic Power 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 the Agency) 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 Bettis Atomic Power
Laboratory (BAPL) in West Mifflin, Pennsylvania. 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 BAPL-CCP during a series
of four inspections, most recently conducted on April 12-13, 2011. By
evaluating the waste characterization systems and processes for RH
waste that the U.S. Department of Energy's (DOE's) Carlsbad Field
Office (CBFO) program developed, EPA verified whether DOE could
adequately characterize RH TRU debris waste, consistent with the
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Compliance Criteria. The results of EPA's evaluation of BAPL-CCP's RH
TRU 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 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 July 25, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0479, 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-2011-0479. 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 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 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
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 (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
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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 initially recertified WIPP on March
29, 2006 (71 FR 18015) and officially recertified the facility most
recently on November 18, 2010 (75 FR 70584). Both the certification and
recertification decisions 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 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-BAPL-CCP-RH-04.11-8 of
the waste characterization program for RH TRU waste (waste stream BT-
1001) in four steps: (1) At Bettis Laboratory (August 30, 2010) to
observe the Visual Examination (VE) process; (2) sample collection
(September 23, 2010); (3) dose-to-curie (DTC) measurements (December 8,
2010); and, the final baseline inspection at the Agency's Office of
Radiation and Indoor Air (ORIA) in Washington, DC, on April 12 and 13,
2011. In accordance with the provisions of 40 CFR 194.8(b), EPA
evaluated the site's program to characterize wastes proposed for
disposal at WIPP. EPA is seeking public comment on the proposed
approval which, when final, will allow BAPL-CCP to characterize and
dispose of RH TRU debris waste at WIPP.
The inspection scope included one waste stream--BAPL Waste Stream
BT-1001, which consists of 15 containers. Since additional RH TRU waste
is not expected to be generated in the foreseeable future from
decontamination and decommissioning of hot cells, any additional RH TRU
waste stream generated at BAPL beyond the subject of this inspection
and proposed approval will require a new baseline inspection and
approval.
Waste Stream BT-T001 consists of research and experimental debris
generated at Bettis Laboratory from 1973 through 1992. This inspection
evaluated: acceptable knowledge (AK) records; dose-to-curie (DTC), in
conjunction with radionuclide-specific scaling factors supported by
radiochemical analyses of smear samples from the hot cells; and visual
examination (VE) to confirm the physical and radiological contents of
waste containers. The scope of the inspection was limited to the 15 55-
gallon drums containing this waste, which was initially packaged in 15
high-pressure containers (HIPs).
The EPA inspection team identified one finding related to both the
AK and radiological characterization processes that BAPL-CCP
implemented to characterize RH Waste Stream BT-T-001 (see Attachment C
of the accompanying inspection report). In response to this finding,
BAPL-CCP revised several key documents associated with both AK and
radiological characterization and prepared new documents identified as
``freeze files'' following the inspection (see Attachment D of the
accompanying inspection report). Freeze files contain revisions to
certain documents made to address the Agency's issues as objective
evidence for the changes being made. These revisions are then processed
by BAPL-CCP's document control process to generate an ``official,''
most current version. EPA reviewed these freeze files and determined
that they adequately addressed the finding and that the BAPL-CCP RH TRU
waste characterization program was technically adequate and
appropriately documented.
In several cases, EPA reviewed the modifications to specific
documents in the form of ``freeze files'' serving as objective evidence
to address EPA's
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finding. As a result of this EPA finding, BAPL-CCP had to revise
several documents, which will be forwarded to EPA upon completion of
the formal document control process. These freeze files will become
final as formal, revised documents and provided to EPA before the end
of the public comment period.
Some of the revised documents that BAPL-CCP generated are subject
to Bettis Laboratory's Public Utterance process (see Section 7.2 of the
accompanying inspection report), which could affect EPA's planned
approval schedule. EPA is accepting the BAPL-CCP freeze files as
objective evidence to support its proposed approval. EPA expects (and
Bettis Laboratory has agreed) that the revised formal documents will
(a) Be identical to the freeze files, (b) undergo the Public Utterance
Process during EPA's 45-day public comment period window, and (c) be
provided to EPA before the end of the comment period for review so EPA
can issue its final approval of the BAPL-CCP RH TRU waste
characterization program.
EPA's proposed approval for the BAPL-CCP waste characterization
program implemented to characterize RH debris waste belonging to Waste
Stream BT-T001 includes the following:
(1) The AK process for 15 HIPs of RH retrievably-stored TRU debris
designated as BAPL Waste Stream BT-T001
(2) The radiological characterization process using DTC and scaling
factors for assigning radionuclide values to Waste Stream BT-T001 that
is documented in CCP-AK-BAPL-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 waste.
Generally, EPA's RH and CH baseline inspections evaluate a site's
waste characterization program for technical adequacy and, when
approved, the TRU site continues to use the approved program components
to characterize additional wastes on an ongoing basis. However, the
subject Bettis Laboratory waste stream has been fully characterized and
no further waste characterization activities relative to this waste
stream will take place. Therefore, this proposed approval is limited to
the discrete set of 15 HIPs in BAPL Waste Stream BT-T001. As previously
mentioned, a new baseline approval will be necessary for any legacy or
newly-generated RH waste at the Bettis Laboratory. BAPL-CCP may not
characterize any additional RH waste in the future based on this
baseline approval. Consequently, EPA has not listed any Tier 1 (T1) or
Tier 2 (T2) designations relative to this waste and the waste
characterization components covered by this proposed approval.
EPA must verify compliance with 40 CFR 194.24 before waste may be
emplaced in the WIPP, as specified in Condition 3 of EPA's
certification of the WIPP's compliance with disposal regulations for
TRU radioactive waste [63 Federal Register (FR) 27354 and 27405, May
18, 1998]. EPA Baseline Inspection No. EPA-BAPL-CCP-RH-04.11-8 was
performed in accordance with the provisions of 40 CFR 194.8(b), as
issued in a July 16, 2004, FR notice (Vol. 69, No. 136, pp. 42571-
42583).
IV. Availability of the Baseline Inspection Report for Public Comment
EPA has placed the report discussing the results of the Agency's
inspection of BAPL-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 included in EPA's public dockets.
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: June 2, 2011.
Michael P. Flynn,
Director,
Office of Radiation and Indoor Air.
[FR Doc. 2011-14193 Filed 6-7-11; 8:45 am]
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