Proposed Approval of the Central Characterization Project's Transuranic Waste Characterization Program at Los Alamos National Laboratory, 19494-19499 [E7-7349]
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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–0188; FRL–8123–7]
Issuance of an Experimental Use
Permit
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: EPA has granted an
experimental use permit (EUP) to the
following pesticide applicant. An EUP
permits use of a pesticide for
experimental or research purposes only
in accordance with the limitations in
the permit.
FOR FURTHER INFORMATION CONTACT:
Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8715; e-mail address:
mendelsohn.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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A. Does this Action Apply to Me?
This action is directed to the public
in general. Although this action may be
of particular interest to those persons
who conduct or sponsor research on
pesticides, the Agency has not
attempted to describe all the specific
entities that may be affected by this
action. If you have any questions
regarding the information in this action,
consult the person listed under FOR
FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0188. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Building), 2777 S.
Crystal Drive Arlington, VA. The hours
of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket telephone number
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2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
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II. EUP
EPA has issued the following EUP:
72821–EUP–1. Extension. BHN
Research, 16750 Bonita Beach Rd.,
Bonita Springs, FL 34135. This EUP
allows the use of 0.306 pounds of the
plant-incorporated protectant Bacillus
thuringiensis subsp kurstaki Cry1A(c) in
tomatoes on 500 acres of tomatoes. The
program is authorized only in the States
of California, Florida, Georgia, Illinois,
Missouri, Puerto Rico, and Virginia. The
EUP is effective from April 20, 2006 to
April 20, 2007. A tolerance has been
established for residues of the active
ingredient in or on all food
commodities.
Authority: 7 U.S.C. 136c.
List of Subjects
Environmental protection,
Experimental use permits.
Dated: April 6, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. E7–7271 Filed 4–17–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2007–0326; FRL–8301–5]
Proposed Approval of the Central
Characterization Project’s Transuranic
Waste Characterization Program at Los
Alamos National Laboratory
Environmental Protection
Agency.
ACTION: Notice of availability; opening
of public comment period.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA or we) is announcing the
availability of, and soliciting public
comments for 30 days on, the proposed
approval of the radioactive, transuranic
(TRU) waste characterization program
implemented by the Central
Characterization Project (CCP) at Los
Alamos National Laboratory (LANL).
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 LANL–CCP’s characterization
of contact-handled TRU debris and solid
waste during an inspection conducted
May 23–25, 2006, as well as during
follow-up inspections on August 22,
2006, and March 6, 2007. Using the
systems and processes developed as part
of the Department of Energy’s (DOE’s)
Carlsbad Field Office (CBFO), EPA
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verified whether DOE could adequately
characterize TRU waste consistent with
the Compliance Criteria. The results of
EPA’s evaluation of the LANL–CCP
program and the proposed approval are
described in EPA’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 30-day comment period EPA will
evaluate public comments received,
finalize the report responding to the
relevant public comments, and issue the
final report and an approval letter to
DOE’s CBFO. Based on previous EPA
inspections and approvals, LANL–CCP
is currently approved to dispose of
debris and solid waste at WIPP. LANL–
CCP is permitted to continue waste
characterization and disposal in
accordance with prior site approvals
while EPA establishes a baseline
approval.
Comments must be received on
or before May 18, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2007–0326, by one of the
following methods:
• https://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–
2007–0326. 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
https://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 https://regulations.gov
or e-mail. The https://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 https://regulations.gov
DATES:
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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 https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://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 https://
regulations.gov or in hard copy at the
Air and Radiation Docket in the EPA
Docket Center, (EPA/DC) EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–1742.
These documents are also available for
review in hard-copy form at the
following three EPA WIPP informational
docket locations in New Mexico: in
Carlsbad at the Municipal Library,
Hours: Monday–Thursday, 10 a.m.–9
p.m., Friday-Saturday, 10 a.m.–6 p.m.,
and Sunday, 1 p.m.–5 p.m., phone
number: 505–885–0731; in Albuquerque
at the Government Publications
Department, Zimmerman Library,
University of New Mexico, Hours: vary
by semester, phone number: 505–277–
2003; and in Santa Fe at the New
Mexico State Library, Hours: Monday–
Friday, 9 a.m.–5 p.m., phone number:
505–476–9700. 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, Radiation Protection
Division, Center for Federal Regulations,
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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.
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
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
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the WIPP Land Withdrawal Act (LWA)
of 1992 (Pub. L. 102–579), as amended
(Pub. L. 104–201), TRU waste consists
of materials containing processes 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. Much of the
existing TRU waste consists of items
contaminated during the production of
nuclear weapons, such as rags,
equipment, tools, and 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 stated that the WIPP will
comply with EPA’s radioactive waste
disposal regulations at 40 CFR Part 191,
Subparts B and C.
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.
In July 2004, EPA promulgated
changes to the ‘‘Criteria for the
Certification and Recertification of the
Waste Isolation Pilot Plant’s Compliance
with Disposal Regulations’’ (69 FR
42571–42583, July 16, 2004). These
changes went into effect October 14,
2004, which modified the EPA approval
of waste characterization (‘‘WC’’)
programs at DOE’s TRU waste sites.
These revisions provide equivalent or
improved oversight and better
prioritization of technical issues in EPA
inspections to evaluate WC activities at
DOE WIPP waste generator sites, and
also offer more direct public input into
the Agency’s decisions about what
waste can be disposed of at WIPP. They
do not modify the technical approach
that EPA has employed since the 1998
WIPP Certification Decision.
Condition 3 of the WIPP Certification
Decision requires that EPA conduct
independent inspections at DOE’s waste
generator/storage sites of their TRU
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waste characterization capabilities
before approving their program and the
waste for disposal at the WIPP. The
revised inspection and approval process
gives EPA greater (a) discretion in
establishing technical priorities, (b)
ability to accommodate variation in the
site’s waste characterization
capabilities, and (c) flexibility in
scheduling site WC inspections. The
§ 194.8 changes require that EPA
conduct a baseline inspection at every
previously approved TRU site (such as
AMWTP/INL). EPA expects that within
two years after the effective date of
October 2004 most of the previously
approved TRU sites (such as Hanford,
Los Alamos CCP, and Savannah River
Site CCP) will undergo EPA baseline
inspections. Following these
inspections, the Agency will issue a
new baseline compliance decision for
these sites.
As part of the baseline inspection,
EPA must evaluate each WC process
component (equipment, procedures, and
personnel training/experience) for its
adequacy and appropriateness in
characterizing TRU waste destined for
the disposal at WIPP. During the
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. The
baseline inspection can result in
approval with limitations/conditions or
may require follow-up inspection(s)
before approval. The approval must
specify what subsequent WC program
changes or expansion should be
reported to EPA. The Agency is required
to assign Tier 1 (‘‘TI’’) and Tier 2 (‘‘T2’’)
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 WC process (such as
radioassay equipment or personnel),
and EPA must also approve the change
before it can be implemented. A WC
element with a T2 designation allows
the site to implement changes to the
approved components of individual WC
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
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approval under the authority of
§ 194.24(h).
The revisions to the site inspection
and approval process outlined in § 194.8
require 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 30 days. The
report must describe the WC processes
EPA inspected at the site, as well as
their compliance with § 194.24
requirements.
III. Proposed Baseline Compliance
Decision
In accordance with 40 CFR 194.8(b),
EPA conducted a baseline inspection of
the CCP’s waste characterization
program at LANL in Los Alamos, New
Mexico. This inspection occurred on
May 23–25, 2006, with a follow-up
inspection of the visual examination
(VE) process related to the sealed
sources program conducted on August
22, 2006. On March 6, 2007, the Agency
also performed an on-site follow-up
evaluation at LANL to verify the
resolution of all open EPA issues. (All
three inspections are grouped under
EPA Baseline Inspection No. LANL–
CCP–05.06–8).
The CCP is a mobile characterization
program that assists TRU waste
generator sites with complex waste
characterization activities. At some sites
(such as LANL and Savannah River Site)
and small TRU waste generator sites
(such as Argonne National Laboratory
and Lawrence Livermore National
Laboratory) the CCP has the sole
responsibility to characterize contacthandled (CH), retrievably-stored TRU
waste destined for the disposal at the
WIPP.
The purpose of EPA’s inspection was
to verify that LANL–CCP is
characterizing CH TRU retrievablystored debris waste (S5000) and solid
waste (S3000), properly and in
compliance with the regulatory
requirements at 40 CFR 194.24. EPA
also evaluated characterization of sealed
sources collected and repackaged as part
of the Offsite Source Recovery Program
(OSRP) at LANL as a CH TRU newlygenerated debris waste. During the
inspection, EPA also evaluated LANL–
CCP’s use of the WIPP Waste
Information System (WWIS) for tracking
the contents of CH TRU waste
containers destined for disposal at
WIPP. This tracking ensures that the
volume emplaced in the WIPP
repository and characteristics of the
emplaced wastes conform to the
requirements of the WIPP LWA and the
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specific conditions of the WIPP
Certification Decision.
During the inspection, EPA evaluated
the adequacy, implementation, and
effectiveness of LANL–CCP’s waste
characterization activities. The Agency’s
evaluation focused on the individual
components—equipment, procedures,
and personnel training/experience of
the following waste characterization
processes: Acceptable knowledge (AK),
nondestructive assay (NDA), visual
examination techniques (VET), visual
examination/real-time radiography (VE/
RTR), load management, and the WWIS.
The overall program adequacy and
effectiveness of LANL–CCP was based
on the following DOE-provided uppertier documents: (1) CCP–PO–001—
Revision 13, 11/16/06—CCP
Transuranic Waste Characterization
Quality Assurance Project Plan and (2)
CCP–PO–002—Revision 18, 11/16/06—
CCP Transuranic Waste Certification
Plan.
EPA previously evaluated and
approved WC systems at LANL, most
recently in April 2005 (EPA Docket No.
A–98–49, II–A4–57). LANL received
approval to dispose of contact handled,
retrievably-stored debris (S5000) and
solid waste (S3000), and repackaged
sealed sources as newly-generated
debris waste prior to this baseline
inspection. The purpose of the LANL–
CCP baseline and follow-up inspections
was to evaluate the adequacy of the
site’s WC programs for two TRU waste
categories—debris and solids—to be
disposed of at the WIPP; the debris
included sealed sources from the OSRP.
During the inspections, the Agency
examined the following activities:
• Acceptable knowledge (AK) and
load management for contact-handled
(CH) retrievably-stored TRU debris
waste (S5000) and solid waste (S3000)
and AK for CH newly-generated,
repackaged debris waste from the OSRP.
• Visual examination (VE) as a
quality control (QC) check of real-time
radiography (RTR) and in lieu of RTR
for CH retrievably-stored TRU debris
waste (S5000) and solid waste (S3000)
and Visual Examination Technique
(VET) for CH newly-generated,
repackaged debris waste from the OSRP.
• RTR for CH retrievably-stored TRU
debris waste (S5000) and solid waste
(S3000).
• Nondestructive assay (NDA),
specifically, three NDA systems—LANL
HENC #1 and LANL HENC #2 for
characterizing debris (S5000) and solid
(S3000) waste, respectively, and the
portable tomographic gamma scanner
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(PTGS) for characterizing debris waste
(S5000) 1 only.
• WIPP Waste Information System
(WWIS) for CH retrievably-stored TRU
debris waste (S5000) and solid waste
(S3000).
In addition to reviewing individual
components (namely, procedures, and
equipment) of each of the WC processes
(AK, NDA, VET, VE/RTR, load
management, and the WWIS), the
Agency interviewed and reviewed
training records of personnel
responsible for compiling data,
analyzing waste contents, operating
equipment, and preparing data for
WWIS tracking. EPA also required
radioassay replicate analysis on selected
containers from the population of
previously analyzed waste containers on
the same system or instrument for the
two different waste categories. The
purpose of this replicate testing is to
provide EPA with an independent
means to verify that the radioassay
equipment being assessed for approval
can provide consistent, reproducible
results for the determination of the
quantity of 10 WIPP-tracked
radionuclides (241Am, 137Cs, 238Pu,
239Pu, 240Pu, 242Pu, 90Sr, 233U,
234U, and 238U) as well as TRU alpha
concentration. The results of the
replicate analysis help EPA to
determine whether:
• The instrument produces results
consistent with the reported total
measurement uncertainty (TMU) by
comparing the sample standard
deviation for a number of replicate
measurements taken over several hours
or days to the reported TMU.
• The instrument provides
reproducible results over longer periods
of time, such as weeks or months, by
comparing the results of the replicate
measurement(s) to the original reported
values.
The EPA inspection team identified
one finding and seven concerns. The
finding in the area of VE and five of the
concerns required a response from DOE,
while two concerns did not require a
response. EPA Inspection Issue Tracking
Forms (see Attachments C.1 through C.8
to the proposed baseline inspection
report) document the finding and seven
concerns. Personnel from LANL, CBFO,
1 NDA systems are typically not matrix-specific in
the same manner as other characterization
techniques and their approval is not tied to specific
waste matrix categories (i.e., S3000 or S5000).
Specifically, virtually any material within the
system’s matrix calibration range may be assayed.
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and CCP provided information on
resolutions for the finding and concerns
to the EPA inspection team prior to the
closeout of the onsite inspection and
after the inspection. The information
provided by CBFO addressed the one
finding and the concerns that required
a response, as well as the two concerns
that did not require a response. Between
May 2006 and March 2007, CCP
provided satisfactory resolution
addressing three concerns while one
finding and three concerns remained
unresolved. At the follow-up inspection
on March 6, 2007, CCP discussed with
the EPA inspection team their responses
for the four outstanding issues that EPA
evaluated for completeness and
adequacy, and concluded that each had
been resolved satisfactorily. EPA
considers the one finding and all
concerns to be resolved, and there are
no open issues resulting from this
inspection.
The EPA inspection team determined
that the LANL–CCP WC program
activities were technically adequate.
EPA is proposing to approve the LANL–
CCP WC program in the configuration
observed during this inspection and
described in this report and the
checklists included in the proposed
baseline inspection report (Report
Attachments A.1 through A.8). This
proposed approval includes the
following:
(1) The AK and load management
process for CH retrievably-stored TRU
debris and solid wastes and for newlygenerated debris wastes from the OSRP.
(2) The LANL HENC #1 and LANL
HENC #2 NDA systems for assaying
solid and debris wastes.
(3) The PTGS NDA system for
assaying debris waste.
(4) VE as a QC check of the RTR
process and in lieu of the RTR process
for retrievably-stored solid and debris
wastes and VET of newly-generated
debris wastes from the OSRP.
(5) The nondestructive examination
process of RTR for retrievably-stored
solid and debris wastes.
(6) The WWIS process for tracking of
waste contents of solid and debris
wastes, including debris from the OSRP.
LANL–CCP must report and, if
applicable, receive EPA approval of any
changes to the WC activities from the
date of the baseline inspection,
according to Table 1, below. Table 1 in
this report is not identical to those
included in previous baseline
inspection reports and EPA site
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19497
approval letters in several ways. The
most important of these involve
presentation of the Tier 2 (T2) elements.
In previous reports there were two T2
columns that have been merged into a
single T2 column for LANL–CCP. The
T2 column entries have also been
modified to better reflect the 40 CFR
194.24 (h) requirements that the site
provide notification regarding the
completion or availability of specific T2
elements, whereas the previous tables
stated that the site must actually
provide the T2 elements (document or
procedure revisions, etc.). This
approach is similar to the tiering tables
used in EPA reports for sites
characterizing remote handled TRU
waste. Additionally, there are other
minor word changes to the table for the
sake of legibility.
There are changes to specific WC
areas as well. For AK, the AK
Reassessment Memoranda (reflecting
resolution to concern LANL–CCP–AK–
06–001CR) and the AK–VE Memoranda
related to VE cited under T2 changes
(reflecting resolution to finding LANL–
CCP–VE–06–004F) do not appear in the
tiering tables in previous baseline
inspection reports. Similarly, requesting
revisions to CCP–AK–008 or notification
regarding the combination of waste
streams that were distinct at the time of
inspection are specific to the LANL
OSRP or the result of information
identified during this inspection.
Accordingly, these are absent from the
tiering tables in previous baseline
inspection reports. For WWIS, changes
to specific process elements (e.g.,
spreadsheets and data fields) are cited
as T2 changes and these did not appear
in previous tiering tables. These were
added to provide a greater degree of
specificity in an attempt to identify and
focus on the key elements relevant to
waste isolation.
The table below summarizes EPA’s
proposed tiering for LANL–CCP. As
described previously, T1 changes
require EPA approval prior to
implementation of the change and may
require EPA inspection to determine
technical adequacy. T2 changes may be
implemented prior to EPA approval;
however, this type of change must be
reported to EPA quarterly. Any changes
to WC activities from the date of the
baseline inspection must be reported to
and, if applicable, approved by EPA,
according to the following table:
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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices
TABLE 1.—TIERING OF TRU WC PROCESSES IMPLEMENTED BY LANL–CCP BASED ON MAY 23–25, 2006 ON SITE
BASELINE INSPECTION, AUGUST 22, 2006 OSRP INSPECTION AND MARCH 6, 2007 EVALUATION
WC process elements
LANL–CCP WC T1 changes
LANL–CCP WC T2 changes*
Acceptable Knowledge (AK) and Load Management.
Any new waste category, or new OSRP
wastes addressed in AK Summaries separate from CCP–AK–008; AK (3), AK (6), AK
(16) and (AK) 17.
Implementation of Load Management for
waste streams other than AK–009; AK (5).
Nondestructive Assay (NDA) ..............................
New equipment or physical modifications to
approved equipment**; NDA (1).
Extension or changes to approved calibration
range for approved equipment; NDA (2).
N/A ...................................................................
Notification to EPA upon completion of AK
Accuracy Reports; AK (2).
Notification to EPA upon completion of updates to or substantive modifications of the
following:
—AK Reassessment Memoranda; AK (1)
and AK (6).
—AK–VE Memoranda related to VE and/
or RTR techniques; AK (2).
—AK–NDA Memoranda; AK (3).
—Site procedures requiring CBFO approval; AK (4).
—AK Summary CCP–AK–008, if changed
to include newly approved 239Pu and
241Am sealed sources and/or irradiated
sources; AK (6).
—Combination of waste streams that
were distinct at the time of this inspection; AK (6).
—Change Notices used to modify and
update WSPFs, including additions to
waste stream(s) within an approved
waste category; AK (9).
Notification to EPA upon completion of
changes to software for approved equipment, operating range(s) and site procedures that require CBFO approval; NDA (2).
Notification to EPA upon the following:
—Implementation of new equipment or
substantive changes to approved
equipment; RTR (1).
—Completion of changes to site procedures requiring CBFO approvals; RTR
(2).
Notification to EPA upon the following:
—Completion of changes to site VE and
VET procedures requiring CBFO approvals, including OSRP VET procedure; VE (1) and SSVET (1).
Notification to EPA upon the following:
—Completion of changes to WWIS procedure(s) requiring CBFO approvals;
WWIS (1) and WWIS (2).
—Changes to the Excel spreadsheet,
WWIS data entry summary, characterization and certification; WWIS (1) and
WWIS (2).
Real-Time Radiography (RTR) ...........................
Visual Examination (VE) and Visual Examination Technique (VET), including OSRP
Wastes (Sealed Source VET or SSVET).
N/A ...................................................................
WIPP Waste Information System (WWIS) .........
N/A ...................................................................
pwalker on PROD1PC71 with NOTICES
* Upon receiving EPA approval, LANL–CCP will report all T2 changes to EPA at the end of each fiscal year quarter.
** 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.
EPA will notify the public of the
results of its evaluations of proposed
Tier 1 (T1) and T2 changes through
postings to the EPA WIPP Web site and
by sending e-mails to the WIPP-NEWS
listserv (see Section 2.0 of this report for
a brief discussion of tiering). All T1
changes must be submitted for
evaluation and approval by EPA before
their implementation. Upon approval,
EPA will post the results of the
evaluations through the EPA Web site
and the WIPPNEWS list, as described
above. Upon completion of its review of
the T2 changes submitted at the end of
each fiscal quarter, EPA will post the T2
VerDate Aug<31>2005
17:04 Apr 17, 2007
Jkt 211001
changes. EPA expects the first report of
LANL-CCP’s T2 changes at the end of
the fourth quarter FY 2007.
The scope of the site baseline
compliance decision is based on EPA’s
inspections completed on May 25, 2006,
and August 22, 2006, and the follow-up
evaluation conducted on March 6, 2007.
IV. Availability of the Baseline
Inspection Report for Public Comment
EPA has placed the report discussing
the results of EPA’s inspection of the
CCP waste characterization program at
LANL in the public docket as described
in ADDRESSES. In accordance with 40
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
CFR 194.8, EPA is providing the public
30 days to comment on these
documents. The Agency requests
comments on the tiering designations
and the proposed approval decision.
EPA will accept public comment on this
notice and supplemental information as
described in Section 1.B. above. The
EPA will not make a determination of
compliance before the 30-day comment
period ends. At the end of the public
comment period, EPA will evaluate all
relevant public comment and revise the
inspection report as necessary. The
Agency will then issue an approval
letter and the final inspection report,
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Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / Notices
both of which will be posted on the
WIPP Web site. The letter of approval
will allow CCP to use the approved TRU
waste characterization processes to
characterize waste at LANL.
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 New
Mexico (as listed in ADDRESSES). 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: April 11, 2007.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E7–7349 Filed 4–17–07; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
pwalker on PROD1PC71 with NOTICES
April 5, 2007.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, Public Law No. 104–
13. An agency may not conduct or
sponsor a collection of information
unless it displays a currently valid
control number. No person shall be
subject to any penalty for failing to
comply with a collection of information
subject to the Paperwork Reduction Act
that does not display a valid control
number. Comments are requested
concerning (a) whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimate; (c) ways
to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
VerDate Aug<31>2005
17:04 Apr 17, 2007
Jkt 211001
submitted on or before June 18, 2007. If
you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
You may submit all your
Paperwork Reduction Act (PRA)
comments by e-mail or U.S. postal mail.
To submit your comments by e-mail
send them to PRA@fcc.gov. To submit
your comments by U.S. mail, mark them
to the attention of Cathy Williams,
Federal Communications Commission,
Room 1–C823, 445 12th Street, SW.,
Washington, DC 20554 and to Jasmeet
Seehra, Office of Management and
Budget, Room 10236 NEOB, 725 17th
Street, NW., Washington, DC 20503 or
via the Internet to
Jasmeet_K._Seehra@omb.eop.gov or via
fax at (202) 395–5167.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection(s) send an e-mail
to PRA@fcc.gov or contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0700.
Title: Open Video Systems Provisions.
Form Number: FCC 1275.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities; State, local or tribal
government.
Number of Respondents: 270.
Estimated Time per Response: 0.25 to
20 hours.
Frequency of Response:
Recordkeeping requirement; On
occasion reporting requirement; Third
party disclosure requirement.
Total Annual Burden: 9,880 hours.
Total Annual Cost: None.
Nature of Response: Required to
obtain or retain benefits.
Confidentiality: No need for
confidentiality required.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: Section 302 of the
1996 Telecommunications Act provides
for specific entry options for telephone
companies wishing to enter the video
programming marketplace, one option
being to provide cable service over an
‘‘open video system’’ (‘‘OVS’’).
47 CFR 76.1502(a) states an operator
of an open video system must certify to
the Commission that it will comply with
the Commission’s regulations in 47 CFR
76.1503, 76.1504, 76.1506(m), 76.1508,
76.1509, and 76.1513. The Commission
must approve such certification prior to
the commencement of service at such a
point in time that would allow the
ADDRESSES:
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
19499
applicant sufficient time to comply with
the Commission’s notification
requirements.
(b) Certifications must be verified by
an officer or director of the applicant,
stating that, to the best of his or her
information and belief, the
representations made therein are
accurate.
(c) Certifications must be filed on FCC
Form 1275 and must include:
(1) The applicant’s name, address and
telephone number;
(2) A statement of ownership,
including all affiliated entities;
(3) If the applicant is a cable operator
applying for certification in its cable
franchise area, a statement that the
applicant is qualified to operate an open
video system under Section 76.1501.
(4) A statement that the applicant
agrees to comply and to remain in
compliance with each of the
Commission’s regulations in §§ 76.1503,
76.1504, 76.1506(m), 76.1508, 76.1509,
and 76.1513;
(5) If the applicant is required under
47 CFR 64.903(a) of this chapter to file
a cost allocation manual, a statement
that the applicant will file changes to its
manual at least 60 days before the
commencement of service;
(6) A list of the names of the
anticipated local communities to be
served upon completion of the system;
(7) The anticipated amount and type
(i.e., analog or digital) of capacity (for
switched digital systems, the
anticipated number of available channel
input ports); and
(8) A statement that the applicant will
comply with the Commission’s notice
and enrollment requirements for
unaffiliated video programming
providers.
(d)(1) On or before the date an FCC
Form 1275 is filed with the
Commission, the applicant must serve a
copy of its filing on all local
communities identified pursuant to
paragraph (c)(6) of this section and must
include a statement informing the local
communities of the Commission’s
requirements in paragraph (e) of this
section for filing oppositions and
comments. Service by mail is complete
upon mailing, but if mailed, the served
documents must be postmarked at least
3 days prior to the filing of the FCC
Form 1275 with the Commission.
(2) Parties are required to attach a
cover sheet to the filing indicating that
the submission is an open video system
certification application. The only
wording on this cover sheet shall be
‘‘Open Video System Certification
Application’’ and ‘‘Attention: Media
Bureau.’’ This wording shall be located
in the center of the page and should be
E:\FR\FM\18APN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Notices]
[Pages 19494-19499]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7349]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2007-0326; FRL-8301-5]
Proposed Approval of the Central Characterization Project's
Transuranic Waste Characterization Program at Los Alamos 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 30 days on, the
proposed approval of the radioactive, transuranic (TRU) waste
characterization program implemented by the Central Characterization
Project (CCP) at Los Alamos National Laboratory (LANL). 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
LANL-CCP's characterization of contact-handled TRU debris and solid
waste during an inspection conducted May 23-25, 2006, as well as during
follow-up inspections on August 22, 2006, and March 6, 2007. Using the
systems and processes developed as part of the Department of Energy's
(DOE's) Carlsbad Field Office (CBFO), EPA verified whether DOE could
adequately characterize TRU waste consistent with the Compliance
Criteria. The results of EPA's evaluation of the LANL-CCP program and
the proposed approval are described in EPA'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 30-day comment period EPA will evaluate public
comments received, finalize the report responding to the relevant
public comments, and issue the final report and an approval letter to
DOE's CBFO. Based on previous EPA inspections and approvals, LANL-CCP
is currently approved to dispose of debris and solid waste at WIPP.
LANL-CCP is permitted to continue waste characterization and disposal
in accordance with prior site approvals while EPA establishes a
baseline approval.
DATES: Comments must be received on or before May 18, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0326, by one of the following methods:
https://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-2007-0326. 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 https://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 https://
regulations.gov or e-mail. The https://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 https://regulations.gov
[[Page 19495]]
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 https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://
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 https://regulations.gov or in hard copy at the Air and Radiation
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
and Radiation Docket is (202) 566-1742. These documents are also
available for review in hard-copy form at the following three EPA WIPP
informational docket locations in New Mexico: in Carlsbad at the
Municipal Library, Hours: Monday-Thursday, 10 a.m.-9 p.m., Friday-
Saturday, 10 a.m.-6 p.m., and Sunday, 1 p.m.-5 p.m., phone number: 505-
885-0731; in Albuquerque at the Government Publications Department,
Zimmerman Library, University of New Mexico, Hours: vary by semester,
phone number: 505-277-2003; and in Santa Fe at the New Mexico State
Library, Hours: Monday-Friday, 9 a.m.-5 p.m., phone number: 505-476-
9700. 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, Radiation Protection
Division, Center for Federal 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.
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
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
containing processes 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. Much of
the existing TRU waste consists of items contaminated during the
production of nuclear weapons, such as rags, equipment, tools, and
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 stated that the WIPP will comply with EPA's
radioactive waste disposal regulations at 40 CFR Part 191, Subparts B
and C.
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 Sec. Sec. 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 Sec.
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 Sec. 194.8.
In July 2004, EPA promulgated changes to the ``Criteria for the
Certification and Recertification of the Waste Isolation Pilot Plant's
Compliance with Disposal Regulations'' (69 FR 42571-42583, July 16,
2004). These changes went into effect October 14, 2004, which modified
the EPA approval of waste characterization (``WC'') programs at DOE's
TRU waste sites. These revisions provide equivalent or improved
oversight and better prioritization of technical issues in EPA
inspections to evaluate WC activities at DOE WIPP waste generator
sites, and also offer more direct public input into the Agency's
decisions about what waste can be disposed of at WIPP. They do not
modify the technical approach that EPA has employed since the 1998 WIPP
Certification Decision.
Condition 3 of the WIPP Certification Decision requires that EPA
conduct independent inspections at DOE's waste generator/storage sites
of their TRU
[[Page 19496]]
waste characterization capabilities before approving their program and
the waste for disposal at the WIPP. The revised inspection and approval
process gives EPA greater (a) discretion in establishing technical
priorities, (b) ability to accommodate variation in the site's waste
characterization capabilities, and (c) flexibility in scheduling site
WC inspections. The Sec. 194.8 changes require that EPA conduct a
baseline inspection at every previously approved TRU site (such as
AMWTP/INL). EPA expects that within two years after the effective date
of October 2004 most of the previously approved TRU sites (such as
Hanford, Los Alamos CCP, and Savannah River Site CCP) will undergo EPA
baseline inspections. Following these inspections, the Agency will
issue a new baseline compliance decision for these sites.
As part of the baseline inspection, EPA must evaluate each WC
process component (equipment, procedures, and personnel training/
experience) for its adequacy and appropriateness in characterizing TRU
waste destined for the disposal at WIPP. During the inspection, the
site demonstrates its capabilities to characterize TRU waste(s) and its
ability to comply with the regulatory limits and tracking requirements
under Sec. 194.24. The baseline inspection can result in approval with
limitations/conditions or may require follow-up inspection(s) before
approval. The approval must specify what subsequent WC program changes
or expansion should be reported to EPA. The Agency is required to
assign Tier 1 (``TI'') and Tier 2 (``T2'') 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 WC process (such as radioassay
equipment or personnel), and EPA must also approve the change before it
can be implemented. A WC element with a T2 designation allows the site
to implement changes to the approved components of individual WC
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 Sec. 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 Sec.
194.24(h).
The revisions to the site inspection and approval process outlined
in Sec. 194.8 require 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 30 days. The report must describe the WC processes EPA
inspected at the site, as well as their compliance with Sec. 194.24
requirements.
III. Proposed Baseline Compliance Decision
In accordance with 40 CFR 194.8(b), EPA conducted a baseline
inspection of the CCP's waste characterization program at LANL in Los
Alamos, New Mexico. This inspection occurred on May 23-25, 2006, with a
follow-up inspection of the visual examination (VE) process related to
the sealed sources program conducted on August 22, 2006. On March 6,
2007, the Agency also performed an on-site follow-up evaluation at LANL
to verify the resolution of all open EPA issues. (All three inspections
are grouped under EPA Baseline Inspection No. LANL-CCP-05.06-8).
The CCP is a mobile characterization program that assists TRU waste
generator sites with complex waste characterization activities. At some
sites (such as LANL and Savannah River Site) and small TRU waste
generator sites (such as Argonne National Laboratory and Lawrence
Livermore National Laboratory) the CCP has the sole responsibility to
characterize contact-handled (CH), retrievably-stored TRU waste
destined for the disposal at the WIPP.
The purpose of EPA's inspection was to verify that LANL-CCP is
characterizing CH TRU retrievably-stored debris waste (S5000) and solid
waste (S3000), properly and in compliance with the regulatory
requirements at 40 CFR 194.24. EPA also evaluated characterization of
sealed sources collected and repackaged as part of the Offsite Source
Recovery Program (OSRP) at LANL as a CH TRU newly-generated debris
waste. During the inspection, EPA also evaluated LANL-CCP's use of the
WIPP Waste Information System (WWIS) for tracking the contents of CH
TRU waste containers destined for disposal at WIPP. This tracking
ensures that the volume emplaced in the WIPP repository and
characteristics of the emplaced wastes conform to the requirements of
the WIPP LWA and the specific conditions of the WIPP Certification
Decision.
During the inspection, EPA evaluated the adequacy, implementation,
and effectiveness of LANL-CCP's waste characterization activities. The
Agency's evaluation focused on the individual components--equipment,
procedures, and personnel training/experience of the following waste
characterization processes: Acceptable knowledge (AK), nondestructive
assay (NDA), visual examination techniques (VET), visual examination/
real-time radiography (VE/RTR), load management, and the WWIS. The
overall program adequacy and effectiveness of LANL-CCP was based on the
following DOE-provided upper-tier documents: (1) CCP-PO-001--Revision
13, 11/16/06--CCP Transuranic Waste Characterization Quality Assurance
Project Plan and (2) CCP-PO-002--Revision 18, 11/16/06--CCP Transuranic
Waste Certification Plan.
EPA previously evaluated and approved WC systems at LANL, most
recently in April 2005 (EPA Docket No. A-98-49, II-A4-57). LANL
received approval to dispose of contact handled, retrievably-stored
debris (S5000) and solid waste (S3000), and repackaged sealed sources
as newly-generated debris waste prior to this baseline inspection. The
purpose of the LANL-CCP baseline and follow-up inspections was to
evaluate the adequacy of the site's WC programs for two TRU waste
categories--debris and solids--to be disposed of at the WIPP; the
debris included sealed sources from the OSRP. During the inspections,
the Agency examined the following activities:
Acceptable knowledge (AK) and load management for contact-
handled (CH) retrievably-stored TRU debris waste (S5000) and solid
waste (S3000) and AK for CH newly-generated, repackaged debris waste
from the OSRP.
Visual examination (VE) as a quality control (QC) check of
real-time radiography (RTR) and in lieu of RTR for CH retrievably-
stored TRU debris waste (S5000) and solid waste (S3000) and Visual
Examination Technique (VET) for CH newly-generated, repackaged debris
waste from the OSRP.
RTR for CH retrievably-stored TRU debris waste (S5000) and
solid waste (S3000).
Nondestructive assay (NDA), specifically, three NDA
systems--LANL HENC 1 and LANL HENC 2 for
characterizing debris (S5000) and solid (S3000) waste, respectively,
and the portable tomographic gamma scanner
[[Page 19497]]
(PTGS) for characterizing debris waste (S5000) \1\ only.
---------------------------------------------------------------------------
\1\ NDA systems are typically not matrix-specific in the same
manner as other characterization techniques and their approval is
not tied to specific waste matrix categories (i.e., S3000 or S5000).
Specifically, virtually any material within the system's matrix
calibration range may be assayed.
---------------------------------------------------------------------------
WIPP Waste Information System (WWIS) for CH retrievably-
stored TRU debris waste (S5000) and solid waste (S3000).
In addition to reviewing individual components (namely, procedures,
and equipment) of each of the WC processes (AK, NDA, VET, VE/RTR, load
management, and the WWIS), the Agency interviewed and reviewed training
records of personnel responsible for compiling data, analyzing waste
contents, operating equipment, and preparing data for WWIS tracking.
EPA also required radioassay replicate analysis on selected containers
from the population of previously analyzed waste containers on the same
system or instrument for the two different waste categories. The
purpose of this replicate testing is to provide EPA with an independent
means to verify that the radioassay equipment being assessed for
approval can provide consistent, reproducible results for the
determination of the quantity of 10 WIPP-tracked radionuclides (241Am,
137Cs, 238Pu, 239Pu, 240Pu, 242Pu, 90Sr, 233U, 234U, and 238U) as well
as TRU alpha concentration. The results of the replicate analysis help
EPA to determine whether:
The instrument produces results consistent with the
reported total measurement uncertainty (TMU) by comparing the sample
standard deviation for a number of replicate measurements taken over
several hours or days to the reported TMU.
The instrument provides reproducible results over longer
periods of time, such as weeks or months, by comparing the results of
the replicate measurement(s) to the original reported values.
The EPA inspection team identified one finding and seven concerns.
The finding in the area of VE and five of the concerns required a
response from DOE, while two concerns did not require a response. EPA
Inspection Issue Tracking Forms (see Attachments C.1 through C.8 to the
proposed baseline inspection report) document the finding and seven
concerns. Personnel from LANL, CBFO, and CCP provided information on
resolutions for the finding and concerns to the EPA inspection team
prior to the closeout of the onsite inspection and after the
inspection. The information provided by CBFO addressed the one finding
and the concerns that required a response, as well as the two concerns
that did not require a response. Between May 2006 and March 2007, CCP
provided satisfactory resolution addressing three concerns while one
finding and three concerns remained unresolved. At the follow-up
inspection on March 6, 2007, CCP discussed with the EPA inspection team
their responses for the four outstanding issues that EPA evaluated for
completeness and adequacy, and concluded that each had been resolved
satisfactorily. EPA considers the one finding and all concerns to be
resolved, and there are no open issues resulting from this inspection.
The EPA inspection team determined that the LANL-CCP WC program
activities were technically adequate. EPA is proposing to approve the
LANL-CCP WC program in the configuration observed during this
inspection and described in this report and the checklists included in
the proposed baseline inspection report (Report Attachments A.1 through
A.8). This proposed approval includes the following:
(1) The AK and load management process for CH retrievably-stored
TRU debris and solid wastes and for newly-generated debris wastes from
the OSRP.
(2) The LANL HENC 1 and LANL HENC 2 NDA systems
for assaying solid and debris wastes.
(3) The PTGS NDA system for assaying debris waste.
(4) VE as a QC check of the RTR process and in lieu of the RTR
process for retrievably-stored solid and debris wastes and VET of
newly-generated debris wastes from the OSRP.
(5) The nondestructive examination process of RTR for retrievably-
stored solid and debris wastes.
(6) The WWIS process for tracking of waste contents of solid and
debris wastes, including debris from the OSRP.
LANL-CCP must report and, if applicable, receive EPA approval of
any changes to the WC activities from the date of the baseline
inspection, according to Table 1, below. Table 1 in this report is not
identical to those included in previous baseline inspection reports and
EPA site approval letters in several ways. The most important of these
involve presentation of the Tier 2 (T2) elements. In previous reports
there were two T2 columns that have been merged into a single T2 column
for LANL-CCP. The T2 column entries have also been modified to better
reflect the 40 CFR 194.24 (h) requirements that the site provide
notification regarding the completion or availability of specific T2
elements, whereas the previous tables stated that the site must
actually provide the T2 elements (document or procedure revisions,
etc.). This approach is similar to the tiering tables used in EPA
reports for sites characterizing remote handled TRU waste.
Additionally, there are other minor word changes to the table for the
sake of legibility.
There are changes to specific WC areas as well. For AK, the AK
Reassessment Memoranda (reflecting resolution to concern LANL-CCP-AK-
06-001CR) and the AK-VE Memoranda related to VE cited under T2 changes
(reflecting resolution to finding LANL-CCP-VE-06-004F) do not appear in
the tiering tables in previous baseline inspection reports. Similarly,
requesting revisions to CCP-AK-008 or notification regarding the
combination of waste streams that were distinct at the time of
inspection are specific to the LANL OSRP or the result of information
identified during this inspection. Accordingly, these are absent from
the tiering tables in previous baseline inspection reports. For WWIS,
changes to specific process elements (e.g., spreadsheets and data
fields) are cited as T2 changes and these did not appear in previous
tiering tables. These were added to provide a greater degree of
specificity in an attempt to identify and focus on the key elements
relevant to waste isolation.
The table below summarizes EPA's proposed tiering for LANL-CCP. As
described previously, T1 changes require EPA approval prior to
implementation of the change and may require EPA inspection to
determine technical adequacy. T2 changes may be implemented prior to
EPA approval; however, this type of change must be reported to EPA
quarterly. Any changes to WC activities from the date of the baseline
inspection must be reported to and, if applicable, approved by EPA,
according to the following table:
[[Page 19498]]
Table 1.--Tiering of TRU WC Processes Implemented by LANL-CCP Based on
May 23-25, 2006 On Site Baseline Inspection, August 22, 2006 OSRP
Inspection and March 6, 2007 Evaluation
------------------------------------------------------------------------
LANL-CCP WC T1 LANL-CCP WC T2
WC process elements changes changes*
------------------------------------------------------------------------
Acceptable Knowledge (AK) Any new waste Notification to EPA
and Load Management. category, or new upon completion of
OSRP wastes AK Accuracy
addressed in AK Reports; AK (2).
Summaries separate Notification to EPA
from CCP-AK-008; AK upon completion of
(3), AK (6), AK updates to or
(16) and (AK) 17. substantive
Implementation of modifications of
Load Management for the following:
waste streams other --AK Reassessment
than AK-009; AK Memoranda; AK (1)
(5).. and AK (6).
--AK-VE Memoranda
related to VE and/
or RTR techniques;
AK (2).
3--AK-NDA Memoranda;
AK (3).
--Site procedures
requiring CBFO
approval; AK
(4).
--AK Summary CCP-
AK-008, if
changed to
include newly
approved \239\Pu
and \241\Am
sealed sources
and/or
irradiated
sources; AK (6).
--Combination of
waste streams
that were
distinct at the
time of this
inspection; AK
(6).
--Change Notices
used to modify
and update
WSPFs, including
additions to
waste stream(s)
within an
approved waste
category; AK
(9).
Nondestructive Assay (NDA).. New equipment or Notification to EPA
physical upon completion of
modifications to changes to software
approved for approved
equipment**; NDA equipment,
(1). operating range(s)
Extension or changes and site procedures
to approved that require CBFO
calibration range approval; NDA (2).
for approved
equipment; NDA (2)..
Real-Time Radiography (RTR). N/A................. Notification to EPA
upon the following:
--Implementation of
new equipment or
substantive changes
to approved
equipment; RTR (1).
--Completion of
changes to site
procedures
requiring CBFO
approvals; RTR (2).
Visual Examination (VE) and N/A................. Notification to EPA
Visual Examination upon the following:
Technique (VET), including --Completion of
OSRP Wastes (Sealed Source changes to site VE
VET or SSVET). and VET procedures
requiring CBFO
approvals,
including OSRP VET
procedure; VE (1)
and SSVET (1).
WIPP Waste Information N/A................. Notification to EPA
System (WWIS). upon the following:
--Completion of
changes to WWIS
procedure(s)
requiring CBFO
approvals; WWIS (1)
and WWIS (2).
--Changes to the
Excel
spreadsheet,
WWIS data entry
summary,
characterization
and
certification;
WWIS (1) and
WWIS (2).
------------------------------------------------------------------------
* Upon receiving EPA approval, LANL-CCP will report all T2 changes to
EPA at the end of each fiscal year quarter.
** 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.
EPA will notify the public of the results of its evaluations of
proposed Tier 1 (T1) and T2 changes through postings to the EPA WIPP
Web site and by sending e-mails to the WIPP-NEWS listserv (see Section
2.0 of this report for a brief discussion of tiering). All T1 changes
must be submitted for evaluation and approval by EPA before their
implementation. Upon approval, EPA will post the results of the
evaluations through the EPA Web site and the WIPPNEWS list, as
described above. Upon completion of its review of the T2 changes
submitted at the end of each fiscal quarter, EPA will post the T2
changes. EPA expects the first report of LANL-CCP's T2 changes at the
end of the fourth quarter FY 2007.
The scope of the site baseline compliance decision is based on
EPA's inspections completed on May 25, 2006, and August 22, 2006, and
the follow-up evaluation conducted on March 6, 2007.
IV. Availability of the Baseline Inspection Report for Public Comment
EPA has placed the report discussing the results of EPA's
inspection of the CCP waste characterization program at LANL in the
public docket as described in ADDRESSES. In accordance with 40 CFR
194.8, EPA is providing the public 30 days to comment on these
documents. The Agency requests comments on the tiering designations and
the proposed approval decision. EPA will accept public comment on this
notice and supplemental information as described in Section 1.B. above.
The EPA will not make a determination of compliance before the 30-day
comment period ends. At the end of the public comment period, EPA will
evaluate all relevant public comment and revise the inspection report
as necessary. The Agency will then issue an approval letter and the
final inspection report,
[[Page 19499]]
both of which will be posted on the WIPP Web site. The letter of
approval will allow CCP to use the approved TRU waste characterization
processes to characterize waste at LANL.
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 New Mexico (as listed in ADDRESSES). 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: April 11, 2007.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E7-7349 Filed 4-17-07; 8:45 am]
BILLING CODE 6560-50-P
