[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Proposed Rules]
[Pages 18870-18871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9601]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-6327-3]
RIN 2060-AG85


Waste Characterization Program Documents Applicable to 
Transuranic Radioactive Waste at the Idaho National Engineering and 
Environmental Laboratory Proposed for Disposal at the Waste Isolation 
Pilot Plant

AGENCY: Environmental Protection Agency.

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

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of, and soliciting public comments for 30 days on, 
Department of Energy (DOE) documents on waste characterization programs 
applicable to certain transuranic (TRU) radioactive waste at the Idaho 
National Engineering and Environmental Laboratory (INEEL) proposed for 
disposal at the Waste Isolation Pilot Plant (WIPP). The documents are: 
``Quality Assurance Project Plan for the Transuranic Waste 
Characterization Program (PLN-190), Revision 3 (April 1999),'' ``INEEL 
TRU Waste Characterization, Transportation, and Certification Quality 
Program Plan (PLN-182), Revision 3 (April 1999),'' and ``Program Plan 
for Certification of INEEL Contact-Handled Stored Transuranic Waste 
(INEL-96/0345), Revision 2 (April 1999).'' These documents are 
available for review in the public dockets listed in ADDRESSES. The EPA 
will use these documents to evaluate waste characterization systems and 
processes at INEEL that DOE described as applicable to waste streams 
containing homogeneous solids, debris, and soils and gravels. In 
accordance with EPA's WIPP Compliance Criteria at 40 CFR 194.8, EPA 
will conduct an inspection of waste characterization systems and 
processes at INEEL to verify that the proposed systems and processes at 
INEEL can characterize transuranic waste at issue properly, consistent 
with the Compliance Criteria. This notice of the inspection and comment 
period accords with 40 CFR 194.8.

DATES: The EPA is requesting public comment on these documents. 
Comments must be received by EPA's official Air Docket on or before May 
17, 1999.

ADDRESSES: Comments should be submitted to: Docket No. A-98-49, Air 
Docket, Room M-1500 (LE-131), U.S. Environmental Protection Agency, 401 
M Street, SW, Washington, DC, 20460.
    The DOE documents ``Quality Assurance Project Plan for the 
Transuranic Waste Characterization Program (PLN-190), Revision 3 (April 
1999),'' ``INEEL TRU Waste Characterization, Transportation, and 
Certification Quality Program Plan (PLN-182), Revision 3 (April 
1999),'' and ``Program Plan for Certification of INEEL Contact-Handled 
Stored Transuranic Waste (INEL-96/0345), Revision 2 (April 1999),'' are 
available for review in the official EPA Air Docket in Washington, 
D.C., Docket No. A-98-49, Category II-A-2, and at the

[[Page 18871]]

following three EPA WIPP informational docket locations in New Mexico: 
in Carlsbad at the Municipal Library, Hours: Monday-Thursday, 10 am-9 
pm, Friday-Saturday, 10 am-6 pm, and Sunday, 1 pm-5 pm; in Albuquerque 
at the Government Publications Department, Zimmerman Library, 
University of New Mexico, Hours: Monday-Thursday, 8 am-9pm, Friday, 8 
am-5 pm, Saturday-Sunday, 1 pm-5 pm; and in Santa Fe at the Fogelson 
Library, College of Santa Fe, Hours: Monday-Thursday, 8 am-12 pm, 
Friday, 8 am-5 pm, Saturday, 9 am-5 pm, and Sunday, 1 pm-9 pm.
    Copies of items in the docket may be requested by writing Docket A-
98-49 at the address provided above, or by calling (202) 260-7548. As 
provided in EPA's regulations at 40 CFR part 2, and in accordance with 
normal EPA docket procedures, a reasonable fee may be charged for 
photocopying.

FOR FURTHER INFORMATION CONTACT: Jim Oliver, Office of Radiation and 
Indoor Air, (202) 564-9310, or call EPA's 24-hour, toll-free WIPP 
Information Line, 1-800-331-WIPP, or visit our website at http://
www.epa.gov/radiation/wipp/announce.html.

SUPPLEMENTARY INFORMATION: The 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 (Public Law 102-579), as amended (Public Law 104-201), 
TRU waste consists of materials containing elements having atomic 
numbers greater than 92 (with half-lives greater than twenty years), in 
concentrations greater than 100 nanocuries of alpha-emitting TRU 
isotopes per gram of waste. Most TRU waste consists of items 
contaminated during the production of nuclear weapons, such as rags, 
equipment, tools, and organic and inorganic sludges.
    On May 13, 1998, EPA announced its final compliance certification 
decision to the Secretary of Energy (published May 18, 1998, 63 FR 
27354). This decision states that the WIPP will comply with the EPA's 
radioactive waste disposal regulations at 40 CFR part 191, subparts B 
and C.
    The final WIPP certification decision includes a condition that 
prohibits shipment of TRU waste for disposal at WIPP from any site 
other than LANL until EPA has approved the procedures developed to 
comply with the waste characterization requirements of 
Sec. 194.24(c)(4) (condition 3 of appendix A to 40 CFR part 194). The 
EPA's approval process for waste generator sites is described in 
Sec. 194.8. As part of EPA's decision making process, DOE is required 
to submit to EPA appropriate documentation of waste characterization 
programs at each DOE waste generator site seeking approval for shipment 
of TRU radioactive waste to WIPP. In accordance with Sec. 194.8, EPA 
will place such documentation in the official Air Docket in Washington, 
D.C., and in informational dockets in the State of New Mexico, for 
public review and comment.
    EPA inspected certain waste characterization processes at INEEL on 
July 28-30, 1998. DOE is proposing to use processes that EPA did not 
previously inspect at INEEL that are applicable to waste streams in the 
categories of homogeneous solids, debris waste, and soils and gravels. 
EPA will conduct an inspection of INEEL to verify that these additional 
processes comply with 40 CFR 194.24.
    The INEEL documents submitted to EPA are: ``Quality Assurance 
Project Plan for the Transuranic Waste Characterization Program (PLN-
190), Revision 3 (April 1999),'' ``INEEL TRU Waste Characterization, 
Transportation, and Certification Quality Program Plan (PLN-182), 
Revision 3 (April 1999),'' and ``Program Plan for Certification of 
INEEL Contact-Handled Stored Transuranic Waste (INEL-96/0345), Revision 
2 (April 1999).'' The ``Quality Assurance Project Plan for the 
Transuranic Waste Characterization Program (PLN-190), Revision 3 (April 
1999)'' and the ``INEEL TRU Waste Characterization, Transportation, and 
Certification Quality Program Plan (PLN-182), Revision 3 (April 1999)'' 
set forth the quality assurance program applied to TRU waste 
characterization at INEEL. The ``Program Plan for Certification of 
INEEL Contact-Handled Stored Transuranic Waste (INEL-96/0345), Revision 
2 (April 1999)'' sets forth the waste characterization procedures for 
TRU wastes at INEEL. After EPA reviews these documents, EPA will 
conduct an inspection of INEEL to determine whether the requirements 
set forth in these documents are being adequately implemented in 
accordance with Condition 3 of the EPA's WIPP certification decision 
(appendix A to 40 CFR part 194). In accordance with Sec. 194.8 of the 
WIPP compliance criteria, EPA is providing the public 30 days to 
comment on the documents placed in EPA's docket relevant to the site 
approval process.
    If EPA determines that the provisions in the documents are 
adequately implemented, EPA will notify the DOE by letter and place the 
letter in the official Air Docket in Washington, D.C., and in the 
informational docket locations in New Mexico. A positive approval 
letter will allow DOE to ship additional TRU waste from INEEL. The EPA 
will not make a determination of compliance prior to the inspection or 
before the 30-day comment period has closed.
    Information on the EPA's radioactive waste disposal standards (40 
CFR part 191), the compliance criteria (40 CFR part 194), and the EPA's 
certification decision is filed in the official EPA Air Docket, Dockets 
No. R-89-01, A-92-56, and A-93-02, respectively, and is available for 
review in Washington, D.C., and at the three EPA WIPP informational 
docket locations in New Mexico. The dockets in New Mexico contain only 
major items from the official Air Docket in Washington, D.C., plus 
those documents added to the official Air Docket after the October 1992 
enactment of the WIPP LWA.

    Dated: April 12, 1999.
Robert Perciasepe,
Assistant Administrator for Air and Radiation.
[FR Doc. 99-9601 Filed 4-15-99; 8:45 am]
BILLING CODE 6560-50-P