Proposed Approval of the Central Characterization Project's Remote-Handled Waste Characterization Program at Los Alamos National Laboratory, 47023-47026 [E7-16612]
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Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices
Specific Exemption: EPA authorized the
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Dated: August 9, 2007.
Donald R. Stubbs,
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FR Doc. E7–16312 Filed 8–21–07; 8:45 am
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2007–0643; FRL–8458–5]
Proposed Approval of the Central
Characterization Project’s RemoteHandled Waste Characterization
Program at Los Alamos National
Laboratory
Environmental Protection
Agency.
ACTION: Notice of availability; opening
of public comment period.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA or we) is announcing the
availability of, and soliciting public
comments for 45 days on, the proposed
approval of the radioactive, remotehandled (RH), 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 the
characterization of RH TRU debris waste
from LANL–CCP during an inspection
conducted the week of May 8, 2007.
Using the systems and processes
developed as part of the U.S.
Department of Energy’s (DOE’s)
Carlsbad Field Office (CBFO) program to
characterize RH TRU waste, EPA
verified whether DOE could adequately
characterize RH TRU waste consistent
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with the Compliance Criteria. The
results of EPA’s evaluation of the
LANL–CCP program and its proposed
approval are described in the Agency’s
inspection report, which is available for
review in the public dockets listed in
ADDRESSES. We will consider public
comments received on or before the due
date mentioned in DATES.
This notice summarizes the waste
characterization processes evaluated by
EPA and EPA’s proposed approval. As
required by the 40 CFR 194.8, at the end
of a 45-day comment period EPA will
evaluate public comments received, and
if appropriate, finalize the reports
responding to the relevant public
comments, and a final report and
approval letter to DOE.
DATES: Comments must be received on
or before October 9, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2007–0643, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail to: a-and-r-docket@epa.gov.
• Fax: 202–566–1741.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
Instructions: Direct your comments to
Attn: Docket ID No. EPA–HQ–OAR–
2007–0643. 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://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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
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47023
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://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov.
As of September 22, 2006, the EPA
Docket Center (EPA/DC) Public Reading
Room will be temporarily inaccessible
to the public until November 6, 2006,
due to construction. Public access to
docket materials will still be provided.
We strongly encourage you to visit the
EPA Dockets Web site frequently
(https://www.epa.gov/epahome/
dockets.htm) in order to receive the
latest status concerning the Public
Reading Room and public access to
docket materials.
If you wish to obtain materials from
a docket in the EPA/DC, please go first
to Regulations.gov (https://
www.regulations.gov) and obtain
electronic copies. If the materials are
listed in the docket index but the
documents themselves are not available
in Regulations.gov, please call (202)
566–1744 or e-mail the applicable
Program Office Docket.
EPA Docket Center operations will
still continue during this period. In
addition to electronic access through
regulations.gov, public inspection of
docket materials will be available by
appointment during this period.
Appointments may be made by calling
(202) 566–1744 or by e-mailing the
appropriate Docket Office.
If you wish to hand deliver comments
during this period, you may drop them
off between the hours of 8:30 a.m. and
4:30 p.m. Eastern Standard Time (EST),
Monday through Friday, excluding
Federal holidays at the EPA
Headquarters, Room 6146F in the EPA
West Building located at 1301
Constitution Avenue, NW., Washington,
DC.
EPA visitors are required to show
photographic identification and sign the
EPA visitor log. After processing
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through the X-ray and magnetometer
machines, visitors will be given an EPA/
DC badge that must be visible at all
times, and be escorted to Room 6146F
to drop off comments.
If you have any other questions
concerning the temporary closing of the
EPA/DC Public Reading Room, you may
call (202) 566–1744 between the hours
of 8:30 a.m. and 4:30 p.m. Eastern
Standard Time.
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 or Ed Feltcorn, 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 or
feltcorn.ed@epa.gov.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
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 https://
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.
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2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
II. Background
DOE is developing the WIPP, near
Carlsbad in southeastern New Mexico,
as a deep geologic repository for
disposal of TRU radioactive waste. As
defined by the WIPP Land Withdrawal
Act (LWA) of 1992 (Pub. L. 102–579), as
amended (Pub. L. 104–201), TRU waste
consists of materials that have atomic
numbers greater than 92 (with half-lives
greater than twenty years), in
concentrations greater than 100
nanocuries of alpha-emitting TRU
isotopes per gram of waste. Much of the
existing TRU waste consists of items
contaminated during the production of
nuclear weapons, such as rags,
equipment, tools, and sludges.
TRU waste is itself divided into two
categories, based on its level of
radioactivity. Contact-handled (CH)
TRU waste accounts for about 97
percent of the volume of TRU waste
currently destined for the WIPP. It is
packaged in 55-gallon metal drums or in
metal boxes and can be handled under
controlled conditions without any
shielding beyond the container itself.
The maximum radiation dose at the
surface of a CH TRU waste container is
200 millirems per hour. CH waste
primarily emits alpha particles that are
easily shielded by a sheet of paper or
the outer layer of a person’s skin.
Remote-handled (RH) TRU waste
emits more radiation than CH TRU
waste and must therefore be both
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handled and transported in shielded
casks. Surface radiation levels of
unshielded containers of remotehandled 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 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
(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 WC
inspections.
As described in section 194.8(b),
EPA’s baseline inspections evaluate
each WC 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
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[§ 194.8(b)(2)(iii)]. In addition, a
baseline inspection approval must
specify what subsequent WC program
changes or expansion should be
reported to EPA [§ 194.8(b)(4)]. The
Agency is required to assign Tier 1 (T1)
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 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 WC processes EPA
inspected at the site, as well as their
compliance with § 194.24 requirements.
EPA previously issued a preliminary
approval of DOE’s general framework
for characterizing RH waste on March
26, 2004 (Docket A–98–49, Item II–B2–
21). This approval requires DOE to
provide site-specific RH waste
characterization plans and
characterization procedures for EPA
approval prior to implementing them for
characterizing RH waste.
jlentini on PROD1PC65 with NOTICES
III. Proposed Baseline Compliance
Decision
EPA has performed a baseline
inspection of RH TRU waste
characterization activities at LANL–CCP
(EPA Inspection No. EPA–LANL–CCP–
RH–5.07–8). The purpose of EPA’s
inspection was to verify that the RH
waste characterization program
implemented at LANL–CCP for
characterizing RH TRU, retrievablystored, debris waste is adequate for the
16 RH waste canisters. EPA evaluated
whether the RH waste characterized
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meets the regulatory requirements at 40
CFR 194.24.
This inspection was different from
previous RH baseline inspections
conducted at Idaho National Laboratory
(INL) and Argonne National Laboratory
East (ANL–E) (see Docket ID No. EPA–
HQ–OAR–2006–0881), as well as
previous contact-handled (CH) baseline
inspections. Generally, EPA’s RH and
CH baseline inspections evaluate WC
programs for technical adequacy and
when approved the TRU sites would
continue to implement the approved
program components to characterize
additional wastes on an ongoing basis.
However, the characterization activities
within the scope of this inspection had
occurred at LANL in the 1990’s and
were completed prior to this inspection.
This inspection’s sole focus was to
evaluate the records that had been
assembled to document WC activities,
including recently performed modeling,
interpretation, and further calculations
based on previously-generated RH
measurement data for a LANL RH debris
waste stream No. LA–MHD03.002.
There will be no further waste
characterization activities relative to
this waste, and this proposed approval
is directed to a discrete set of canisters
within this LANL RH debris waste
stream, as supported by the
documentation the EPA inspection team
evaluated during this inspection. Note
that this is a retrospective approval of
LANL RH debris waste characterization
activities knowing that no additional RH
debris waste will be characterized by
LANL CCP in the future based on this
baseline approval.
The purpose of the LANL–CCP RH
WC inspection was to evaluate the
adequacy of the site’s WC programs for
16 canisters in a single RH debris waste
stream for disposal at WIPP. The 16
canisters of RH debris in this waste
stream were generated from the
examination of fuel pins at the LANL
Chemical, Metallurgical Research (CMR)
facility from 1970 through 1984. In the
early 1990’s, wastes derived from
examination of these fuel pins were
loaded into 364 11⁄2-gallon steel cans
that were welded shut. These 364 cans
were later assembled into 12 canisters
and four other canisters were assembled
with bulk-loaded debris from the same
activities. The WC activity examined
during the inspection was acceptable
knowledge (AK) for these 16 canisters of
RH retrievably-stored TRU debris
(S5000) waste. CCP has assured EPA
that these 16 sealed canisters will be
disposed of ‘‘as is’’ at WIPP and will not
be repackaged with any other RH debris
waste.
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The EPA inspection team determined
that the records documenting LANL–
CCP’s RH WC program represented
activities that were technically
adequate. EPA, therefore, is proposing
to approve the LANL–CCP RH WC
program for the 16 RH TRU canisters in
LANL RH Waste Stream No. LA–
MHD03.002 evaluated during this
baseline inspection described and
documented in this report. The approval
includes the following:
(1) The AK process for 16 canisters of
RH retrievably-stored TRU debris in the
waste stream designated LANL RH
Waste Stream No. LA–MHD03.002.
(2) The radiological characterization
(RC) process using dose-to-fissile gram,
dose-to-curie (DTC), curie-to-dose and
modeling-derived scaling factors for
assigning radionuclide values to 16
canisters of RH retrievably-stored TRU
debris in one waste stream, designated
as LANL RH Waste Stream No. LA–
MHD03.002 and documented in CCP–
AK–LANL–501, Revision 0 and detailed
in this report.
Since no additional WC activities that
will occur relative to the 16 canisters of
RH debris waste, changes to the WC
activities evaluated during the baseline
inspection are not expected to occur.
Accordingly, this report does not list
any tiering (T1 or T2) designations
relative to this waste and waste
characterization components proposed
for the approval.
IV. Availability of the Baseline
Inspection Report for Public Comment
EPA has placed the report discussing
the results of the Agency’s inspection of
LANL–CCP in the public docket as
described in ADDRESSES. In accordance
with 40 CFR 194.8, EPA is providing the
public 45 days to comment on these
documents. The Agency requests
comments on the proposed approval
decision, as described in the inspection
report. EPA will accept public comment
on this notice and supplemental
information as described in section 1.B.
above. EPA will not make a
determination of compliance before the
45-day comment period ends. At the
end of the public comment period, EPA
will evaluate all relevant public
comments and revise the inspection
report as necessary. If appropriate, the
Agency will then issue a final approval
letter and inspection report, both of
which will be posted on the WIPP Web
site.
Information on the certification
decision is filed in the official EPA Air
Docket, Docket No. A–93–02 and is
available for review in Washington, DC,
and at the three EPA WIPP
informational docket locations in New
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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: August 16, 2007.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E7–16612 Filed 8–21–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
EPA–HQ–OPPT–2007–0817; FRL–8144–7
Certain New Chemicals; Receipt and
Status Information
Environmental Protection
Agency (EPA).
ACTION: Notice.
jlentini on PROD1PC65 with NOTICES
AGENCY:
SUMMARY: Section 5 of the Toxic
Substances Control Act (TSCA) requires
any person who intends to manufacture
(defined by statute to include import) a
new chemical (i.e., a chemical not on
the TSCA Inventory) to notify EPA and
comply with the statutory provisions
pertaining to the manufacture of new
chemicals. Under sections 5(d)(2) and
5(d)(3) of TSCA, EPA is required to
publish a notice of receipt of a
premanufacture notice (PMN) or an
application for a test marketing
exemption (TME), and to publish
periodic status reports on the chemicals
under review and the receipt of notices
of commencement to manufacture those
chemicals. This status report, which
covers the period from April 29, 2007 to
August 3, 2007, consists of the PMNs
and TMEs, both pending or expired, and
the notices of commencement to
manufacture a new chemical that the
Agency has received under TSCA
section 5 during this time period.
DATES: Comments identified by the
specific PMN number or TME number,
must be received on or before
September 21, 2007.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2007–0817, by
one of the following methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001.
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• Hand Delivery: OPPT Document
Control Office (DCO), EPA East Bldg.,
Rm. 6428, 1201 Constitution Ave., NW.,
Washington, DC. Attention: Docket ID
number EPA–HQ–OPPT–2007–0817.
The DCO is open from 8 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
DCO is (202) 564–8930. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPPT–
2007–0817. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
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 regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ systems, 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 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 docket’s index available
in regulations.gov. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. Although
listed in the index, some information is
not publicly available, e.g., Confidential
Business Information (CBI) or other
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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
https://www.regulations.gov, or, if only
available in hard copy, at the OPPT
Docket. The OPPT Docket is located in
the EPA Docket Center (EPA/DC) at Rm.
3334, EPA West Bldg., 1301
Constitution Ave., NW., Washington,
DC. The EPA/DC PublicReading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. The telephone
numberof the EPA/DC Public Reading
Room is (202) 566–1744, and the
telephone number for the OPPT Docket
is (202) 566–0280. Docket visitors are
required to show photographic
identification, pass through a metal
detector, and sign the EPA visitor log.
All visitor bags are processed through
an X-ray machine and subject to search.
Visitors will be provided an EPA/DC
badge that must be visible at all times
in the building and returned upon
departure.
FOR FURTHER INFORMATION CONTACT:
Colby Lintner, Regulatory Coordinator,
Environmental Assistance Division,
Office of Pollution Prevention and
Toxics (7408M), Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (202) 554–
1404; e-mail address: TSCAHotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public
in general. As such, the Agency has not
attempted to describe the specific
entities that this action may apply to.
Although others may be affected, this
action applies directly to the submitter
of the premanufacture notices addressed
in the action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
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
E:\FR\FM\22AUN1.SGM
22AUN1
]]>Agencies
[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Notices]
[Pages 47023-47026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16612]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2007-0643; FRL-8458-5]
Proposed Approval of the Central Characterization Project's
Remote-Handled Waste Characterization Program at Los Alamos National
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 we) is announcing
the availability of, and soliciting public comments for 45 days on, the
proposed approval of the radioactive, remote-handled (RH), transuranic
(TRU) waste characterization program implemented by the Central
Characterization Project (CCP) at 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 the
characterization of RH TRU debris waste from LANL-CCP during an
inspection conducted the week of May 8, 2007. Using the systems and
processes developed as part of the U.S. Department of Energy's (DOE's)
Carlsbad Field Office (CBFO) program to characterize RH TRU waste, EPA
verified whether DOE could adequately characterize RH TRU waste
consistent with the Compliance Criteria. The results of EPA's
evaluation of the LANL-CCP program and its proposed approval are
described in the Agency's inspection report, which is available for
review in the public dockets listed in ADDRESSES. We will consider
public comments received on or before the due date mentioned in DATES.
This notice summarizes the waste characterization processes
evaluated by EPA and EPA's proposed approval. As required by the 40 CFR
194.8, at the end of a 45-day comment period EPA will evaluate public
comments received, and if appropriate, finalize the reports responding
to the relevant public comments, and a final report and approval letter
to DOE.
DATES: Comments must be received on or before October 9, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0643, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail to: a-and-r-docket@epa.gov.
Fax: 202-566-1741.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2007-0643. 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://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 https://
www.regulations.gov or e-mail. The https://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 https://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 https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at https://www.regulations.gov.
As of September 22, 2006, the EPA Docket Center (EPA/DC) Public
Reading Room will be temporarily inaccessible to the public until
November 6, 2006, due to construction. Public access to docket
materials will still be provided. We strongly encourage you to visit
the EPA Dockets Web site frequently (https://www.epa.gov/epahome/
dockets.htm) in order to receive the latest status concerning the
Public Reading Room and public access to docket materials.
If you wish to obtain materials from a docket in the EPA/DC, please
go first to Regulations.gov (https://www.regulations.gov) and obtain
electronic copies. If the materials are listed in the docket index but
the documents themselves are not available in Regulations.gov, please
call (202) 566-1744 or e-mail the applicable Program Office Docket.
EPA Docket Center operations will still continue during this
period. In addition to electronic access through regulations.gov,
public inspection of docket materials will be available by appointment
during this period. Appointments may be made by calling (202) 566-1744
or by e-mailing the appropriate Docket Office.
If you wish to hand deliver comments during this period, you may
drop them off between the hours of 8:30 a.m. and 4:30 p.m. Eastern
Standard Time (EST), Monday through Friday, excluding Federal holidays
at the EPA Headquarters, Room 6146F in the EPA West Building located at
1301 Constitution Avenue, NW., Washington, DC.
EPA visitors are required to show photographic identification and
sign the EPA visitor log. After processing
[[Page 47024]]
through the X-ray and magnetometer machines, visitors will be given an
EPA/DC badge that must be visible at all times, and be escorted to Room
6146F to drop off comments.
If you have any other questions concerning the temporary closing of
the EPA/DC Public Reading Room, you may call (202) 566-1744 between the
hours of 8:30 a.m. and 4:30 p.m. Eastern Standard Time.
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 or Ed Feltcorn,
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 or
feltcorn.ed@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
DOE is developing the WIPP, near Carlsbad in southeastern New
Mexico, as a deep geologic repository for disposal of TRU radioactive
waste. As defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub.
L. 102-579), as amended (Pub. L. 104-201), TRU waste consists of
materials that have atomic numbers greater than 92 (with half-lives
greater than twenty years), in concentrations greater than 100
nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of
the existing TRU waste consists of items contaminated during the
production of nuclear weapons, such as rags, equipment, tools, and
sludges.
TRU waste is itself divided into two categories, based on its level
of radioactivity. Contact-handled (CH) TRU waste accounts for about 97
percent of the volume of TRU waste currently destined for the WIPP. It
is packaged in 55-gallon metal drums or in metal boxes and can be
handled under controlled conditions without any shielding beyond the
container itself. The maximum radiation dose at the surface of a CH TRU
waste container is 200 millirems per hour. CH waste primarily emits
alpha particles that are easily shielded by a sheet of paper or the
outer layer of a person's skin.
Remote-handled (RH) TRU waste emits more radiation than CH TRU
waste and must therefore be both handled and transported in shielded
casks. Surface radiation levels of unshielded containers of remote-
handled transuranic waste exceed 200 millirems per hour. RH waste
primarily emits gamma radiation, which is very penetrating and requires
concrete, lead, or steel to block it.
On May 13, 1998, EPA 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
(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 WC inspections.
As described in section 194.8(b), EPA's baseline inspections
evaluate each WC 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 Sec. 194.24. A baseline inspection may
describe any limitations on approved waste streams or waste
characterization processes
[[Page 47025]]
[Sec. 194.8(b)(2)(iii)]. In addition, a baseline inspection approval
must specify what subsequent WC 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) 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 site inspection and approval process outlined in Sec. 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 WC processes EPA inspected at the
site, as well as their compliance with Sec. 194.24 requirements.
EPA previously issued a preliminary approval of DOE's general
framework for characterizing RH waste on March 26, 2004 (Docket A-98-
49, Item II-B2-21). This approval requires DOE to provide site-specific
RH waste characterization plans and characterization procedures for EPA
approval prior to implementing them for characterizing RH waste.
III. Proposed Baseline Compliance Decision
EPA has performed a baseline inspection of RH TRU waste
characterization activities at LANL-CCP (EPA Inspection No. EPA-LANL-
CCP-RH-5.07-8). The purpose of EPA's inspection was to verify that the
RH waste characterization program implemented at LANL-CCP for
characterizing RH TRU, retrievably-stored, debris waste is adequate for
the 16 RH waste canisters. EPA evaluated whether the RH waste
characterized meets the regulatory requirements at 40 CFR 194.24.
This inspection was different from previous RH baseline inspections
conducted at Idaho National Laboratory (INL) and Argonne National
Laboratory East (ANL-E) (see Docket ID No. EPA-HQ-OAR-2006-0881), as
well as previous contact-handled (CH) baseline inspections. Generally,
EPA's RH and CH baseline inspections evaluate WC programs for technical
adequacy and when approved the TRU sites would continue to implement
the approved program components to characterize additional wastes on an
ongoing basis. However, the characterization activities within the
scope of this inspection had occurred at LANL in the 1990's and were
completed prior to this inspection. This inspection's sole focus was to
evaluate the records that had been assembled to document WC activities,
including recently performed modeling, interpretation, and further
calculations based on previously-generated RH measurement data for a
LANL RH debris waste stream No. LA-MHD03.002. There will be no further
waste characterization activities relative to this waste, and this
proposed approval is directed to a discrete set of canisters within
this LANL RH debris waste stream, as supported by the documentation the
EPA inspection team evaluated during this inspection. Note that this is
a retrospective approval of LANL RH debris waste characterization
activities knowing that no additional RH debris waste will be
characterized by LANL CCP in the future based on this baseline
approval.
The purpose of the LANL-CCP RH WC inspection was to evaluate the
adequacy of the site's WC programs for 16 canisters in a single RH
debris waste stream for disposal at WIPP. The 16 canisters of RH debris
in this waste stream were generated from the examination of fuel pins
at the LANL Chemical, Metallurgical Research (CMR) facility from 1970
through 1984. In the early 1990's, wastes derived from examination of
these fuel pins were loaded into 364 1\1/2\-gallon steel cans that were
welded shut. These 364 cans were later assembled into 12 canisters and
four other canisters were assembled with bulk-loaded debris from the
same activities. The WC activity examined during the inspection was
acceptable knowledge (AK) for these 16 canisters of RH retrievably-
stored TRU debris (S5000) waste. CCP has assured EPA that these 16
sealed canisters will be disposed of ``as is'' at WIPP and will not be
repackaged with any other RH debris waste.
The EPA inspection team determined that the records documenting
LANL-CCP's RH WC program represented activities that were technically
adequate. EPA, therefore, is proposing to approve the LANL-CCP RH WC
program for the 16 RH TRU canisters in LANL RH Waste Stream No. LA-
MHD03.002 evaluated during this baseline inspection described and
documented in this report. The approval includes the following:
(1) The AK process for 16 canisters of RH retrievably-stored TRU
debris in the waste stream designated LANL RH Waste Stream No. LA-
MHD03.002.
(2) The radiological characterization (RC) process using dose-to-
fissile gram, dose-to-curie (DTC), curie-to-dose and modeling-derived
scaling factors for assigning radionuclide values to 16 canisters of RH
retrievably-stored TRU debris in one waste stream, designated as LANL
RH Waste Stream No. LA-MHD03.002 and documented in CCP-AK-LANL-501,
Revision 0 and detailed in this report.
Since no additional WC activities that will occur relative to the
16 canisters of RH debris waste, changes to the WC activities evaluated
during the baseline inspection are not expected to occur. Accordingly,
this report does not list any tiering (T1 or T2) designations relative
to this waste and waste characterization components proposed for the
approval.
IV. Availability of the Baseline Inspection Report for Public Comment
EPA has placed the report discussing the results of the Agency's
inspection of LANL-CCP in the public docket as described in ADDRESSES.
In accordance with 40 CFR 194.8, EPA is providing the public 45 days to
comment on these documents. The Agency requests comments on the
proposed approval decision, as described in the inspection report. EPA
will accept public comment on this notice and supplemental information
as described in section 1.B. above. EPA will not make a determination
of compliance before the 45-day comment period ends. At the end of the
public comment period, EPA will evaluate all relevant public comments
and revise the inspection report as necessary. If appropriate, the
Agency will then issue a final approval letter and inspection report,
both of which will be posted on the WIPP Web site.
Information on the certification decision is filed in the official
EPA Air Docket, Docket No. A-93-02 and is available for review in
Washington, DC, and at the three EPA WIPP informational docket
locations in New
[[Page 47026]]
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: August 16, 2007.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E7-16612 Filed 8-21-07; 8:45 am]
BILLING CODE 6560-50-P
