Proposed Approval of the Central Characterization Project's Transuranic Waste Characterization Program at Oak Ridge National Laboratory, 35133-35136 [E8-14006]

Download as PDF Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Notices EIS No. 20080179, ERP No. FS–FTA– G40191–TX, Southeast Corridor Project, Preferred Alternative is the Light Rail Alternative, Proposed Fixed-Guideway Transit System, Funding, Metropolitan Transit Authority (METRO) of Harris County, Houston, Harris County, TX. Summary: No formal comment letter was sent to the preparing agency. Dated: June 17, 2008. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E8–14004 Filed 6–19–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [ER–FRL–8582–8] jlentini on PROD1PC65 with NOTICES Environmental Impact Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information (202) 564–7167 or https://www.epa.gov/ compliance/nepa/. Weekly receipt of Environmental Impact Statements Filed 06/09/2008 through 06/13/2008 Pursuant to 40 CFR 1506.9. EIS No. 20080234, Draft EIS, AFS, WA, Dosewallips Road Washout Project, to Reestablish Road Access to both Forest Service Road (FSR) 2610 and Dosewallips Road, Hood Canal Ranger District Olympic National Forest, Olympic National Park, Jefferson County, WA, Comment Period Ends: 08/19/2008, Contact: Tim Davis 360– 956–2375. EIS No. 20080235, Final Supplement, NOA, AK, Cook Inlet Beluga Whale Subsistence Harvest Project, Proposes to Implement a Long-Term Harvest Plan and Fulfill the Federal Government’s Trust Responsibility, Cook Inlet, AK, Wait Period Ends: 07/ 21/2008, Contact: Robert D Mecum 907–586–7235. EIS No. 20080236, Final EIS, BIA, WA, Spokane Tribes Integrated Resource Management Plan (IRMP) for the Spokane Indian Reservation, Implementation, Stevens County, WA, Wait Period Ends: 07/21/2008, Contact: Donna Smith 509–258–4561. 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EIS No. 20080240, Draft EIS, DOA, 00, PROGRAMMATIC—Geothermal Leasing in the Western United States, Comment Period Ends: 09/17/2008, Contact: Jack G. Peterson 208–373– 4048. Department of the Interior/Bureau of Land Management and Department of Agriculture/Forest Service’s are Joint Lead Agencies for the above project. The contact person for (BLM) is Jack G. Peterson at 208–373–4048 and the contact person for (AFS) is Tracy Parker at 703–605–4796. Amended Notices EIS No. 20080125, Draft EIS, FHW, NC, I–26 Connector Project, Proposed Multi-Land Freeway from I–40 to US19–23–70 North of Asheville, Funding, U.S. Coast Guard Permit, U.S. Army COE section 10 and 404 Permit, Buncombe County, Asheville, NC, Comment Period Ends: 06/23/ 2008, Contact: John F. Sullivan III, P.E. 919–856–4346 Ext. 122. Revision of FR Notice Published 04/ 11/2008: Extending Comment from 05/ 19/2008 to 06/23/2008. EIS No. 20080186, Draft EIS, FAA, NV, City of Mesquite, Proposed Replacement General Aviation Airport, Implementation, Clark County, NV, Comment Period Ends: 07/18/2008, Contact: Barry Franklin 650–876–2778. Revision to FR Notice Publish 05/16/ 2008: Extending Comment from 07/03/ 2008 to 07/18/2008. Dated: June 17, 2008. Robert W. Hargrove, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. E8–14005 Filed 6–19–08; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 35133 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2008–0449; FRL–8683–4] Proposed Approval of the Central Characterization Project’s Transuranic Waste Characterization Program at Oak Ridge 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 45 days on, the proposed approval of the radioactive, contacthandled (CH), transuranic (TRU) waste characterization program implemented by the Central Characterization Project (CCP) at Oak Ridge National Laboratory (ORNL) in Oak Ridge, Tennessee. 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 CH TRU debris waste from ORNL–CCP during an inspection conducted the week of November 13, 2007. Using the systems and processes developed as part of the U.S. Department of Energy’s (DOE’s) Carlsbad Field Office (CBFO) program, EPA verified whether DOE could adequately characterize CH TRU waste consistent with the Compliance Criteria. The results of EPA’s evaluation of ORNL–CCP’s program and its proposed approval are described in the Agency’s inspection report, which is available for review in the public dockets listed in ADDRESSES. We will consider public comments received on or before the due date mentioned in DATES. This notice summarizes the waste characterization processes evaluated by EPA and EPA’s proposed approval. As required by the 40 CFR 194.8, at the end of a 45-day comment period EPA will evaluate public comments received, and if appropriate, finalize the reports responding to the relevant public comments, and issue a final report and approval letter to DOE. DATES: Comments must be received on or before August 4, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2008–0449, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: 202–566–1741. E:\FR\FM\20JNN1.SGM 20JNN1 jlentini on PROD1PC65 with NOTICES 35134 Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Notices • 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– 2008–0449. 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 electronically at https://www.regulations.gov. As provided in EPA’s regulations at 40 CFR Part 2, and in accordance with normal EPA docket procedures, if copies of any docket materials are requested, a reasonable fee may be charged for photocopying. VerDate Aug<31>2005 16:53 Jun 19, 2008 Jkt 214001 FOR FURTHER INFORMATION CONTACT: II. Background 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. 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. No. 102– 579), as amended (Pub. L. No. 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 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 issued a final certification of compliance for the WIPP facility. The final rule was published in the Federal Register on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March 29, 2006 (71 FR 18015). Both the certification and recertification determined that WIPP complies with the Agency’s radioactive waste disposal regulations at 40 CFR part 191, subparts B and C, and is therefore safe to contain TRU waste. The final WIPP certification decision includes conditions that (1) prohibit shipment of TRU waste for disposal at WIPP from any site other than 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 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. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Notices 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 § 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 [§ 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. III. Proposed Baseline Compliance Decision EPA has performed a baseline inspection of CH TRU waste characterization (WC) activities at ORNL–CCP (EPA Inspection No. EPA– ORNL–CCP–CH–11.07–8). The purpose of EPA’s inspection was to verify that the waste characterization program implemented at ORNL–CCP for characterizing CH TRU, retrievablystored, debris waste is technically adequate and meets the regulatory requirements at 40 CFR 194.24. During the inspection, EPA evaluated the adequacy of the site’s WC programs for CH TRU debris (S5000) waste to be disposed of at the WIPP. The Agency examined the following activities: 35135 • Acceptable knowledge (AK) for CH retrievably-stored TRU debris waste (S5000) • One nondestructive assay (NDA) system, the Drum Waste Assay System Imaging Passive-Active Neutron/ Segmented Gamma Scanner (DWAS IPAN/SGS) system for characterizing debris (S5000) waste • Real-time radiography (RTR) for CH retrievably-stored TRU debris waste (S5000) • WIPP Waste Information System (WWIS) for CH retrievably-stored TRU debris waste (S5000) During the inspection, ORNL–CCP personnel stated that load management will never be performed at the site and EPA did not evaluate this aspect during the inspection [see Section 8.1(5) of the inspection report]. Therefore, this proposed approval does not include load management for ORNL–CCP. The EPA inspection team determined that the ORNL–CCP WC program for CH TRU waste was technically adequate. EPA is proposing to approve the ORNL– CCP CH TRU WC program in the configuration observed during this inspection and described in docketed inspection report and its’ attached checklists (Attachments A.1 through A.4). This proposed approval includes the following: (1) The AK process for CH retrievablystored TRU debris wastes (2) The DWAS IPAN/SGS system for assaying debris wastes (3) The nondestructive examination (NDE) process of RTR for retrievablystored debris wastes (4) The WWIS process for tracking waste contents of debris wastes ORNL–CCP must report and receive EPA approval of any Tier 1 (T1) changes to the ORNL–CCP WC activities from the date of the baseline inspection, and must notify EPA regarding Tier 2 (T2) changes according to Table 1, below. The format of Table 1 in this report closely follows the format used in previous CH baseline approval reports. TABLE 1.—TIERING OF TRU WC PROCESSES IMPLEMENTED BY ORNL–CCP BASED ON NOVEMBER 13–15, 2007, SITE BASELINE INSPECTION ORNL–CCP WC T1 changes ORNL–CCP WC T2 changes a Acceptable Knowledge (AK) and Load Management. jlentini on PROD1PC65 with NOTICES WC process elements Implementation of load management; AK (5). Implementation of AK for wastes other than retrievably-stored debris (i.e., retrievably stored soil/gravel and solids and/or any type of newly-generated waste); AK (15). Notification to EPA upon completion of AK accuracy reports; AK (2). Notification to EPA upon completion of new versions or updates/substantive modifications b of the following: —Changes to AK–NDA communications and memoranda; AK (3). —Changes to site procedure; AK (4). VerDate Aug<31>2005 16:53 Jun 19, 2008 Jkt 214001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1 35136 Federal Register / Vol. 73, No. 120 / Friday, June 20, 2008 / Notices TABLE 1.—TIERING OF TRU WC PROCESSES IMPLEMENTED BY ORNL–CCP BASED ON NOVEMBER 13–15, 2007, SITE BASELINE INSPECTION—Continued WC process elements ORNL–CCP WC T1 changes Non Destructive Assay (NDA) ................. Real-Time Radiography (RTR) ................ Visual Examination (VE) .......................... WIPP Waste Information System (WWIS) New equipment or physical modifications to approved equipment; c NDA (1). Extension or changes to approved calibration range for approved equipment; NDA (2). N/A ........................................................ Not approved at this time ...................... Implementation of load management; WWIS (4). ORNL–CCP WC T2 changes a —AK summaries that describe wastes beyond the 144 containers described in this report; AK (6). —Radiological Discrepancy Resolution Reports (AK–AK and AK–NDA) pertinent to Waste Stream OR–NFS–CH– HET; AK (11). —Completed Attachments 4 and 6 and associated memoranda for Waste Stream OR–NFS–CH–HET; AK (10) and (14). —AK Summaries/Waste Stream Profile Forms (WSPFs) and AK documentation reports; AK (15). 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 RTR equipment or substantive changes c to approved RTR equipment; RTR (1). —Completion of changes to site RTR procedures requiring CBFO approvals; RTR (2). Not approved at this time. Notification to EPA upon the following: —Completion of changes to WWIS procedure(s) requiring CBFO approvals; WWIS (1). a Upon receiving EPA approval, ORNL–CCP will report all T2 changes to EPA at the end of each fiscal quarter. changes’’ means changes with the potential to impact the site’s WC activities or documentation thereof, excluding changes that are solely related to ES&H, nuclear safety, or RCRA, or that are editorial in nature. c 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. b ‘‘Substantive jlentini on PROD1PC65 with NOTICES IV. Availability of the Baseline Inspection Report for Public Comment EPA has placed the report discussing the results of the Agency’s inspection of the ORNL–CCP Site in the public docket as described in ADDRESSES. In accordance with 40 CFR 194.8, EPA is providing the public 45 days to comment on these documents. The Agency requests comments on the proposed approval decision, as described in the inspection report. EPA will accept public comment on this notice and supplemental information as described in Section 1.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 Albuquerque, Carlsbad, and Santa Fe, New Mexico. The dockets in New VerDate Aug<31>2005 16:53 Jun 19, 2008 Jkt 214001 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: May 30, 2008. Elizabeth Cotsworth, Director, Office of Radiation and Indoor Air. [FR Doc. E8–14006 Filed 6–19–08; 8:45 am] PERSON TO CONTACT FOR INFORMATION: Mr. Robert Biersack, Press Officer, Telephone: (202) 694–1220. Mary W. Dove, Secretary of the Commission. [FR Doc. E8–13928 Filed 6–19–08; 8:45 am] BILLING CODE 6715–01–M FEDERAL MARITIME COMMISSION BILLING CODE 6560–50–P Notice of Meeting FEDERAL ELECTION COMMISSION Sunshine Act Notices Federal Election Commission. Tuesday, June 17, 2008 at 10 a.m. PLACE: 999 E Street, NW., Washington, DC. STATUS: This meeting will be closed to the public. ITEMS TO BE DISCUSSED: Compliance matters pursuant to 2 U.S.C. 437g. Audits conducted pursuant to 2 U.S.C. 437g, § 438(b), and Title 26, U.S.C. Matters concerning participation in civil actions or proceedings or arbitration. Internal personnel rules and procedures or matters affecting a particular employee. AGENCY: DATE AND TIME: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 Federal Maritime Commission. TIME AND DATE: June 25, 2008—2 p.m. PLACE: 800 North Capitol Street, NW., First Floor Hearing Room, Washington, DC. STATUS: A portion of the meeting will be in Open Session and the remainder of the meeting will be in Closed Session. MATTERS TO BE CONSIDERED: AGENCY HOLDING THE MEETING: Open Session (1) FMC Agreement No. 201186— Mobile Container Terminal Cooperative Working Agreement, effective July 4, 2008. (2) FMC Agreement No. 201187—Port of Seattle/Port of Tacoma Puget Sound Air Quality Discussion Agreement, effective July 5, 2008. E:\FR\FM\20JNN1.SGM 20JNN1

Agencies

[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Notices]
[Pages 35133-35136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14006]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0449; FRL-8683-4]


Proposed Approval of the Central Characterization Project's 
Transuranic Waste Characterization Program at Oak Ridge National 
Laboratory

AGENCY: Environmental Protection Agency.

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

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

SUMMARY: The Environmental Protection Agency (EPA or we) is announcing 
the availability of, and soliciting public comments for 45 days on, the 
proposed approval of the radioactive, contact-handled (CH), transuranic 
(TRU) waste characterization program implemented by the Central 
Characterization Project (CCP) at Oak Ridge National Laboratory (ORNL) 
in Oak Ridge, Tennessee. 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 CH TRU debris waste from ORNL-CCP during an 
inspection conducted the week of November 13, 2007. Using the systems 
and processes developed as part of the U.S. Department of Energy's 
(DOE's) Carlsbad Field Office (CBFO) program, EPA verified whether DOE 
could adequately characterize CH TRU waste consistent with the 
Compliance Criteria. The results of EPA's evaluation of ORNL-CCP's 
program and its proposed approval are described in the Agency's 
inspection report, which is available for review in the public dockets 
listed in ADDRESSES. We will consider public comments received on or 
before the due date mentioned in DATES.
    This notice summarizes the waste characterization processes 
evaluated by EPA and EPA's proposed approval. As required by the 40 CFR 
194.8, at the end of a 45-day comment period EPA will evaluate public 
comments received, and if appropriate, finalize the reports responding 
to the relevant public comments, and issue a final report and approval 
letter to DOE.

DATES: Comments must be received on or before August 4, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0449, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: 202-566-1741.

[[Page 35134]]

     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-2008-0449. 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 electronically at 
https://www.regulations.gov. As provided in EPA's regulations at 40 CFR 
Part 2, and in accordance with normal EPA docket procedures, if copies 
of any docket materials are requested, a reasonable fee may be charged 
for photocopying.

FOR FURTHER INFORMATION CONTACT: Rajani Joglekar or Ed Feltcorn, 
Radiation Protection Division, Center for 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. No. 102-579), as amended (Pub. L. No. 104-201), TRU waste consists 
of materials that have atomic numbers greater than 92 (with half-lives 
greater than twenty years), in concentrations greater than 100 
nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of 
the existing TRU waste consists of items contaminated during the 
production of nuclear weapons, such as rags, equipment, tools, and 
sludges.
    TRU waste is itself divided into two categories, based on its level 
of radioactivity. Contact-handled (CH) TRU waste accounts for about 97 
percent of the volume of TRU waste currently destined for the WIPP. It 
is packaged in 55-gallon metal drums or in metal boxes and can be 
handled under controlled conditions without any shielding beyond the 
container itself. The maximum radiation dose at the surface of a CH TRU 
waste container is 200 millirems per hour. CH waste primarily emits 
alpha particles that are easily shielded by a sheet of paper or the 
outer layer of a person's skin.
    Remote-handled (RH) TRU waste emits more radiation than CH TRU 
waste and must therefore be both handled and transported in shielded 
casks. Surface radiation levels of unshielded containers of remote-
handled transuranic waste exceed 200 millirems per hour. RH waste 
primarily emits gamma radiation, which is very penetrating and requires 
concrete, lead, or steel to block it.
    On May 13, 1998, EPA issued a final certification of compliance for 
the WIPP facility. The final rule was published in the Federal Register 
on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March 
29, 2006 (71 FR 18015). Both the certification and recertification 
determined that WIPP complies with the Agency's radioactive waste 
disposal regulations at 40 CFR part 191, subparts B and C, and is 
therefore safe to contain TRU waste.
    The final WIPP certification decision includes conditions that (1) 
prohibit shipment of TRU waste for disposal at WIPP from any site other 
than 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

[[Page 35135]]

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 Sec.  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 [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.

III. Proposed Baseline Compliance Decision

    EPA has performed a baseline inspection of CH TRU waste 
characterization (WC) activities at ORNL-CCP (EPA Inspection No. EPA-
ORNL-CCP-CH-11.07-8). The purpose of EPA's inspection was to verify 
that the waste characterization program implemented at ORNL-CCP for 
characterizing CH TRU, retrievably-stored, debris waste is technically 
adequate and meets the regulatory requirements at 40 CFR 194.24.
    During the inspection, EPA evaluated the adequacy of the site's WC 
programs for CH TRU debris (S5000) waste to be disposed of at the WIPP. 
The Agency examined the following activities:
     Acceptable knowledge (AK) for CH retrievably-stored TRU 
debris waste (S5000)
     One nondestructive assay (NDA) system, the Drum Waste 
Assay System Imaging Passive-Active Neutron/Segmented Gamma Scanner 
(DWAS IPAN/SGS) system for characterizing debris (S5000) waste
     Real-time radiography (RTR) for CH retrievably-stored TRU 
debris waste (S5000)
     WIPP Waste Information System (WWIS) for CH retrievably-
stored TRU debris waste (S5000)
    During the inspection, ORNL-CCP personnel stated that load 
management will never be performed at the site and EPA did not evaluate 
this aspect during the inspection [see Section 8.1(5) of the inspection 
report]. Therefore, this proposed approval does not include load 
management for ORNL-CCP.
    The EPA inspection team determined that the ORNL-CCP WC program for 
CH TRU waste was technically adequate. EPA is proposing to approve the 
ORNL-CCP CH TRU WC program in the configuration observed during this 
inspection and described in docketed inspection report and its' 
attached checklists (Attachments A.1 through A.4). This proposed 
approval includes the following:
    (1) The AK process for CH retrievably-stored TRU debris wastes
    (2) The DWAS IPAN/SGS system for assaying debris wastes
    (3) The nondestructive examination (NDE) process of RTR for 
retrievably-stored debris wastes
    (4) The WWIS process for tracking waste contents of debris wastes
    ORNL-CCP must report and receive EPA approval of any Tier 1 (T1) 
changes to the ORNL-CCP WC activities from the date of the baseline 
inspection, and must notify EPA regarding Tier 2 (T2) changes according 
to Table 1, below. The format of Table 1 in this report closely follows 
the format used in previous CH baseline approval reports.

   Table 1.--Tiering of TRU WC Processes Implemented by ORNL-CCP Based on November 13-15, 2007, Site Baseline
                                                   Inspection
----------------------------------------------------------------------------------------------------------------
          WC process elements               ORNL-CCP WC T1 changes              ORNL-CCP WC T2 changes a
----------------------------------------------------------------------------------------------------------------
Acceptable Knowledge (AK) and Load      Implementation of load          Notification to EPA upon completion of
 Management.                             management; AK (5).             AK accuracy reports; AK (2).
                                        Implementation of AK for        Notification to EPA upon completion of
                                         wastes other than retrievably-  new versions or updates/substantive
                                         stored debris (i.e.,            modifications b of the following:
                                         retrievably stored soil/
                                         gravel and solids and/or any
                                         type of newly-generated
                                         waste); AK (15).
                                                                        --Changes to AK-NDA communications and
                                                                         memoranda; AK (3).
                                                                        --Changes to site procedure; AK (4).

[[Page 35136]]

 
                                                                        --AK summaries that describe wastes
                                                                         beyond the 144 containers described in
                                                                         this report; AK (6).
                                                                        --Radiological Discrepancy Resolution
                                                                         Reports (AK-AK and AK-NDA) pertinent to
                                                                         Waste Stream OR-NFS-CH-HET; AK (11).
                                                                        --Completed Attachments 4 and 6 and
                                                                         associated memoranda for Waste Stream
                                                                         OR-NFS-CH-HET; AK (10) and (14).
                                                                        --AK Summaries/Waste Stream Profile
                                                                         Forms (WSPFs) and AK documentation
                                                                         reports; AK (15).
Non Destructive Assay (NDA)...........  New equipment or physical       Notification to EPA upon completion of
                                         modifications to approved       changes to software for approved
                                         equipment; c NDA (1).           equipment, operating range(s), and site
                                                                         procedures that require CBFO approval;
                                                                         NDA (2).
                                        Extension or changes to         ........................................
                                         approved calibration range
                                         for approved equipment; NDA
                                         (2).
Real-Time Radiography (RTR)...........  N/A...........................  Notification to EPA upon the following:
                                                                        --Implementation of new RTR equipment or
                                                                         substantive changes c to approved RTR
                                                                         equipment; RTR (1).
                                                                        --Completion of changes to site RTR
                                                                         procedures requiring CBFO approvals;
                                                                         RTR (2).
Visual Examination (VE)...............  Not approved at this time.....  Not approved at this time.
WIPP Waste Information System (WWIS)..  Implementation of load          Notification to EPA upon the following:
                                         management; WWIS (4).
                                                                        --Completion of changes to WWIS
                                                                         procedure(s) requiring CBFO approvals;
                                                                         WWIS (1).
----------------------------------------------------------------------------------------------------------------
a Upon receiving EPA approval, ORNL-CCP will report all T2 changes to EPA at the end of each fiscal quarter.
b ``Substantive changes'' means changes with the potential to impact the site's WC activities or documentation
  thereof, excluding changes that are solely related to ES&H, nuclear safety, or RCRA, or that are editorial in
  nature.
c 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.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of the Agency's 
inspection of the ORNL-CCP Site in the public docket as described in 
ADDRESSES. In accordance with 40 CFR 194.8, EPA is providing the public 
45 days to comment on these documents. The Agency requests comments on 
the proposed approval decision, as described in the inspection report. 
EPA will accept public comment on this notice and supplemental 
information as described in Section 1.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 Albuquerque, Carlsbad, and Santa Fe, New Mexico. The 
dockets in New Mexico contain only major items from the official Air 
Docket in Washington, DC, plus those documents added to the official 
Air Docket since the October 1992 enactment of the WIPP LWA.

    Dated: May 30, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E8-14006 Filed 6-19-08; 8:45 am]
BILLING CODE 6560-50-P