Proposed Approval of the Central Characterization Project's Remote-Handled Transuranic Waste Characterization Program at Oak Ridge National Laboratory, 72043-72047 [E8-28124]
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Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Notices
holidays. The Docket Facility telephone
number is (703) 305–5805.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
II. Background
1. Regional Reports/Issues from the
State Reps
2. SFIREG Pesticide Operations and
Management Working Committee
Meeting
3. Pyrethroids, Picloram, AM HVAC
Labeling, Registrant Stewardship
4. Programs, Web Distributed Labeling
5. Green labeling (stand alone with
AMD), rodenticides, use by statements
6. SFIREG Water Quality and
Pesticide Disposal Working Committee
Meeting
7. Sampling, Analytical Methodology,
Health risk from semi-volatile
pesticides, WC Name Change
8. Registration Division Label Quality
Assurance Update
9. Thiencarbazone Label trial
10. 25b Update
11. Reg 1 Issue Paper, Green Labeling,
HVAC
12. Total Release Foggers
13. Tribal Pesticide Program Council
Update
14. American Association of Pesticide
Safety Educators Update
15. Pesticide Regulatory Education
Program Course Calendar
16. Office of Pesticide Program
Update
17. Chemigation PR Notice, LAW
18. Office of Enforcement and
Compliance Program Update
19. PIRT Schedule
20. Regional Issue Paper Discussion
III. How Can I Request to Participate in
this Meeting?
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participate in this meeting to the person
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CONTACT. Do not submit any information
in your request that is considered CBI.
Requests to participate in the meeting,
identified by docket ID number EPA–
HQ–OPP–2008–0143, must be received
on or before October 21, 2008 Federal
Register.
List of Subjects
mstockstill on PROD1PC66 with NOTICES
Environmental protection.
Dated: November 12, 2008.
William R. Diamond,
Director, Field and External Affairs Division,
Office of Pesticide Programs.
[FR Doc. E8–27758 Filed 11–25–08; 8:45 am]
BILLING CODE 6560–50–S
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2008–0820; FRL–8746–4]
Proposed Approval of the Central
Characterization Project’s RemoteHandled Transuranic Waste
Characterization Program at Oak Ridge
National Laboratory
Environment 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, remotehandled (RH), 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 RH TRU debris waste
from ORNL–CCP during an inspection
conducted on June 30—July 2, 2008.
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 RH TRU waste
consistent with the Compliance Criteria.
The results of EPA’s evaluation of
ORNL–CCP’s RH 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 January 12, 2009.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0820, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
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72043
• 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–
2008–0820. 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
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 www.regulations.gov
or e-mail. The 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 www.regulations.gov your email 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 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
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
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Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Notices
Protection Division, Center for Waste
Management and Regulation, 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:
mstockstill on PROD1PC66 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
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
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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,
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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 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
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
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for disposal at WIPP (from LANL or any
other site) until EPA has approved the
procedures developed to comply with
the waste characterization requirements
of § 194.22(c)(4) (Condition 3 of
Appendix A to 40 CFR part 194). The
EPA’s approval process for waste
generator sites is described in § 194.8
(revised July 2004).
Condition 3 of the WIPP Certification
Decision requires EPA to conduct
independent inspections at DOE’s waste
generator/storage sites of their TRU
waste characterization capabilities
before approving their program and the
waste for disposal at the WIPP. EPA’s
inspection and approval process gives
EPA (a) discretion in establishing
technical priorities, (b) the ability to
accommodate variation in the site’s
waste characterization capabilities, and
(c) flexibility in scheduling site waste
characterization inspections.
As described in Section 194.8(b),
EPA’s baseline inspections evaluate
each waste characterization process
component (equipment, procedures, and
personnel training/experience) for its
adequacy and appropriateness in
characterizing TRU waste destined for
disposal at WIPP. During an inspection,
the site demonstrates its capabilities to
characterize TRU waste(s) and its ability
to comply with the regulatory limits and
tracking requirements under (194.24. A
baseline inspection may describe any
limitations on approved waste streams
or waste characterization processes
[§ 194.8(b)(2)(iii)]. In addition, a
baseline inspection approval must
specify what subsequent waste
characterization program changes or
expansion should be reported to EPA
[§ 194.8(b)(4)]. The Agency is required
to assign Tier 1 (T1) and Tier 2 (T2)
designations to the reportable changes
depending on their potential impact on
data quality. A T1 designation requires
that the site must notify EPA of
proposed changes to the approved
components of an individual waste
characterization process (such as
radioassay equipment or personnel),
and EPA must also approve the change
before it can be implemented. A waste
characterization element with a T2
designation allows the site to implement
changes to the approved components of
individual waste characterization
processes (such as visual examination
procedures) but requires EPA
notification. The Agency may choose to
inspect the site to evaluate technical
adequacy before approval. EPA
inspections conducted to evaluate T1 or
T2 changes are follow-up inspections
under the authority of § 194.24(h). In
addition to the follow-up inspections, if
warranted, EPA may opt to conduct
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continued compliance inspections at
TRU waste sites with a baseline
approval under the authority of
§ 194.24(h).
The site inspection and approval
process outlined in § 194.8 requires EPA
to issue a Federal Register notice
proposing the baseline compliance
decision, docket the inspection report
for public review, and seek public
comment on the proposed decision for
a period of 45 days. The report must
describe the waste characterization
processes EPA inspected at the site, as
well as their compliance with § 194.24
requirements.
III. Proposed Baseline Compliance
Decision
EPA has performed a baseline
inspection of RH TRU waste
characterization activities at ORNL–CCP
(EPA Inspection No. EPA–ORNL–CCP–
RH–4.08–8). The purpose of EPA’s
inspection was to verify that the waste
characterization program implemented
at ORNL–CCP for characterizing RH
TRU, retrievably-stored, debris waste is
technically adequate and meets the
regulatory requirements at 40 CFR
194.24.
The RH waste that DOE is proposing
for WIPP disposal is generated from
operation of the Radiochemical
Engineering Development Center
(REDC) hot cell laboratory at ORNL. The
REDC was used primarily to recover and
purify curium for fabrication into
targets. The same facility and apparatus
were used to separate, purify and store
transcurium 1 radionuclides produced
by irradiation of curium targets in the
ORNL High Flux Isotope Reactor (HFIR)
from 1991 until February 2007 for a
variety of commercial and federal
applications. The REDC also processed
Mark-42 target assemblies to recover
plutonium, americium and curium
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1 Transcurium isotopes are elements with atomic
numbers (No.) greater than that of Curium (Cm), 96,
i.e., berkelium (Bk), atomic No. 97; californium (Cf),
atomic No. 98; einsteinium (Es), atomic No. 99;
fermium (Fm), atomic No. 100; and mendelevium
(Md), atomic No. 101. By definition, these are
potentially TRU, depending on their radioactive
emission (alpha, beta, or gamma) and half-life, even
though they may contain small or immeasurable
concentrations of plutonium and/or americium
isotopes normally associated with TRU wastes.
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isotopes that were shipped to the Los
Alamos National Laboratory (LANL). A
target is a material that was placed
within the HFIR primarily for defense
programs (see attached inspection report
for more information on this topic).
ORNL–CCP stores RH waste from the
REDC in concrete casks, boxes, and
drums at ORNL. These wastes are
transferred to the TRU Waste Processing
Center (TWPC) hot cells for repackaging
into 55-gallon (208-liter) drums for
characterization. ORNL-CCP was
expecting EPA to evaluate for approval
RH debris waste from three time periods
(April 1972–November 1978, December
1978–October 1991, and November
1991–February 2007). Early in the
inspection, EPA inspectors concluded
that ORNL—CCP had done limited
characterization work for the first two
time periods and the available
information for the earlier periods was
not complete. As a result, EPA
inspectors informed the Carlsbad Area
Field Office (CBFO) and ORNL–CCP
that the scope of the inspection would
only cover debris waste generated from
November 1991–February 2007. Today’s
proposed baseline approval, therefore, is
limited to retrievably-stored RH TRU
debris wastes that were generated
during this specific time frame.
ORNL initially stored these wastes in
32 concrete casks. ORNL–CCP presented
preliminary information regarding RH
TRU debris wastes that had been
generated in two other time periods; the
Pre-Solvent Extraction Test Facility
(SETF) period from April 1972–
November 1978 and the SETF period
from December 1978–October 1991. At
the time of this inspection,
characterization of the Pre-SETF and
SETF wastes had not begun and there
was insufficient objective evidence to
support their approval. ORNL–CCP has
stated that they will present these
wastes for EPA approval in the future
and EPA will evaluate each of these as
Tier 1 (T1) changes in accordance with
the tiering described in the
accompanying inspection report.
The EPA inspection team identified
four concerns related to waste
characterization processes ORNL–CCP
had implemented to characterize
retrievably-stored RH debris waste (see
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72045
Attachment B of the accompanying
inspection report). ORNL–CCP revised
specific documents to address the
concerns and submitted them for EPA
review following the initial onsite
inspection. The EPA inspection team
completed their review of the revised
documents and determined that the
revised documents adequately
addressed all aspects of the four EPA
concerns.
EPA has determined that the ORNL–
CCP RH waste characterization program
was technically adequate and that all
concerns have been resolved. Therefore,
EPA is proposing to approve the ORNL–
CCP RH waste characterization program
for ORNL RH Waste Stream OR–REDC–
RH–HET that was evaluated during this
baseline inspection, as described and
documented in the accompanying
inspection report. The proposed
approval includes the following:
(1) The AK process for the RH
retrievably-stored TRU debris waste
stream designated as Waste Stream OR–
REDC–RH–HET that was generated from
REDC activities conducted between
November 1991 and February 2007 that
is currently stored at ORNL and will be
repackaged into 55-gallon drums.
(2) The radiological characterization
process using DTC and scaling factors
for assigning radionuclide values to
Waste Stream OR–REDC–RH–HET that
is documented in CCP–AK–ORNL–501,
Revisions 0 and 1, and detailed in this
report.
(3) The VE process to identify waste
material parameters and the physical
form of the waste.
(4) The WWIS to submit data for both
characterization and certification for RH
TRU waste.
(5) The attainment of pertinent data
quality objectives (DQOs).
ORNL–CCP must report and receive
EPA approval of any Tier 1 (T1) changes
to the ORNL–CCP waste
characterization activities from the date
of the baseline inspection, and ORNL–
CCP must notify EPA regarding Tier 2
(T2) changes according to Table 1,
below. Table 1 in this report closely
follows the format used in recent CH
and RH baseline approval reports.
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TABLE 1—TIERING OF RH TRU WASTE CHARACTERIZATION PROCESSES IMPLEMENTED BY ORNL–CCP, BASED ON JUNE
30–JULY 2, 2008 BASELINE INSPECTION
RH WC Process elements
ORNL–CCP RH WC Process—T1 Changes
ORNL—CCP RH WC Process—
T2 Changes a
Acceptable Knowledge (AK) ...........
Addition of any new waste streams not approved under this baseline
(AK–1).
Notification to EPA when updates
are made to the documents included in AK–1, AK–2, AK–3,
AK–4, AK–6, AK–9, AK–13, AK–
14 and AK–15, outside of the
specific T1 changes listed in the
previous column.
Notification to EPA of availability
of and/or revisions to Add Container Memoranda (AK–3).
Notification to EPA of availability
of documentation of RH sample
reclassified as CH and subject
to confirmatory analyses via
NDA (AK–9).
Modification of the approved population of the OR–REDC–RH–HET
wastes to include any containers not included in the CCP–AK–
ORNL–501, Revision 1 analysis (AK–1).
Modification(s) resulting from incorporation of new information specific to the approved RH debris waste (OR–REDC–RH–HET) population to the following documents: CSSF (AK–1 and AK–2); CCP–
AK–ORNL–501 (AK–1); CCP–AK–ORNL–500 (AK–2 and AK–9);
AKSR (AK–6); CTP (AK–9); AK Accuracy Reports (AK–1 and AK–
15); and the WSPF (AK–14).
Implementation of load management (AK–16) ......................................
Radiological
Characterization,
Dose-to-Curie (DTC) and the application of radionuclide-specific
scaling factors.
Visual Examination (VE) .................
WIPP Waste Information System
(WWIS).
Application of new scaling factors for isotopic determination other
than those documented in CCP–AK–ORNL–501 (RC–3).
Use of any alternate radiological characterization procedure other
than DTC, with established scaling factors as documented in CCP–
TP–504, Revision 6, or substantive modification of the DTC procedure b (RC–4).
Any new waste stream not approved under this baseline or addition
of containers to Waste Stream OR–REDC–RH–HET that requires
changing the documented radionuclide scaling factors in CCP–AK–
ORNL–501 (RC–4).
Implementation of VE by any system other than two operators performing VE c (VE–2).
None at this time ...................................................................................
Notification to EPA of availability
of DRF(s) or data limitation information pertaining to CCP’s
assessment of ORNL’s original
radiological characterization of
wastes generated post-1999
(AK–13).
Revisions of CCP–AK–ORNL–501
or CCP–TP–504 that require
CBFO approval (RC–3), (RC–4),
(RC–8).
Results from the any RH TRU
container(s) that qualify as CH
and are subject to NDA (RC–8).
Changes to VE procedure(s) that
require CBFO approval (VE–1).
Addition of new Sample Category
Groups to the VE process that
is subject to this proposed approval (VE–2).
Changes to WWIS procedure(s)
that require CBFO approval
(WWIS–1).
Changes to the Excel spreadsheet
titled WWIS Data Entry Summary Characterization and Certification (WWIS–2).
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 waste characterization 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
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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
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17:30 Nov 25, 2008
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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
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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
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official Air Docket since the October
1992 enactment of the WIPP LWA.
Dated: November 18, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E8–28124 Filed 11–25–08; 8:45 am]
BILLING CODE 6560–50–P
Reregistration Division, 7508P, Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 308–
8523; fax number: (703) 308–8005; e–
mail address: adler.bonnie@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2008–0387; FRL–8365–9]
Intent to Suspend Certain Pesticide
Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice of issuance of Notice of
Intent to Suspend; Suspension Order.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: This Notice, pursuant to
section 6(f)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), 7 U.S.C. 136 et seq., announces
that EPA has issued a Notice of Intent
to Suspend pursuant to sections
3(c)(2)(B) and 4 of FIFRA. The Notice
was issued following issuance of a
Section 4 Reregistration Data
Requirements Notice by the Agency and
the failure of the registrant subject to the
Section 4 Reregistration Data
Requirements Notice to take appropriate
steps to secure the data required to be
submitted to the Agency. This Notice
includes the text of a Notice of Intent to
Suspend, absent specific chemical,
product, or factual information. Table 1
of this Notice further identifies the
registrant to whom the Notice of Intent
to Suspend was issued, the date the
Notice of Intent to Suspend was issued,
the active ingredient(s) involved, and
the EPA registration numbers and
names of the registered product(s)
which are affected by the Notice of
Intent to Suspend. Moreover, Table 2 of
this Notice identifies the basis upon
which the Notice of Intent to Suspend
was issued. Finally, matters pertaining
to the timing of requests for hearing are
specified in the Notice of Intent to
Suspend and are governed by the
deadlines specified in section 3(c)(2)(B).
As required by section 6(f)(2), the Notice
of Intent to Suspend was sent by
certified mail, return receipt requested,
to the affected registrant at its address
of record. The Notice of Intent to
Suspend described in this Notice was
received by the registrant and the
products have been suspended by
operation of law. The Notice of Intent to
Suspend has become an effective
suspension order.
FOR FURTHER INFORMATION CONTACT:
Bonnie Adler, Special Review and
VerDate Aug<31>2005
17:30 Nov 25, 2008
Jkt 217001
A. Does this Action Apply to Me?
This action is directed to the public
in general. Although this action may be
of particular interest to persons who
produce or use pesticides, the Agency
has not attempted to describe all the
specific entities that may be affected by
this action. If you have any questions
regarding the applicability of this action
to a particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2008–0387. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
under theFederal Register listings
athttps://www.epa.gov/fedrgstr.
II. Text of a Notice of Intent to Suspend
The text of a Notice of Intent to
Suspend, absent specific chemical,
product, or factual information follows:
United States Environmental Protection
Agency
Office of Prevention, Pesticides and Toxic
Substances
Washington, DC 20460
Certified Mail
Return Receipt Requested
SUBJECT: Suspension of Registration of
Pesticide Product(s) Containing
lllllllllfor Failure to Comply
with the Section 4 Phase 5 Reregistration
Eligibility Decision Data Call-In Notice
Dear Sir/Madam:
This letter gives you notice that the
pesticide product registration(s) listed in
Attachment I will be suspended 30 days from
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
72047
your receipt of this letter unless you take
steps within that time to prevent this Notice
from automatically becoming a final and
effective order of suspension. The Agency’s
authority for suspending the registrations of
your products is section 3(c)(2)(B) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). Upon becoming a
final and effective order of suspension, any
violation of the order will be an unlawful act
under section 12(a)(2)(J) of FIFRA.
You are receiving this Notice of Intent to
Suspend because you have failed to comply
with the terms of the Phase 5 Reregistration
Eligibility Decision Data Call-In Notice
imposed pursuant to section 4(g)(2)(B) and
section 3(c)(2)(B) of FIFRA. The specific basis
for issuance of this Notice is stated in the
Explanatory Appendix (Attachment III) to
this Notice. The affected product(s) and the
requirement(s) which you failed to satisfy are
listed and described in the following three
attachments:
Attachment I Suspension Report —
Product List
Attachment II Suspension Report —
Requirement List
Attachment III Suspension Report —
Explanatory Appendix
The suspension of the registration of each
product listed in Attachment I will become
final unless at least one of the following
actions is completed.
1. You may avoid suspension under this
Notice if you or another person adversely
affected by this Notice properly request a
hearing within 30 days of your receipt of this
Notice. If you request a hearing, it will be
conducted in accordance with the
requirements of section 6(d) of FIFRA and
the Agency’s Procedural Regulations in 40
CFR Part 164.
Section 3(c)(2)(B), however, provides that
the only allowable issues which may be
addressed at the hearing are whether you
have failed to take the actions which are the
bases of this Notice and whether the
Agency’s decision regarding the disposition
of existing stocks is consistent with FIFRA.
Therefore, no substantive allegation or legal
argument concerning other issues, including
but not limited to the Agency’s original
decision to require the submission of data or
other information, the need for or utility of
any of the required data or other information
or deadlines imposed, any allegations of
errors or unfairness in any proceedings
before an arbitrator, and the risks and
benefits associated with continued
registration of the affected product, may be
considered in the proceeding. The
Administrative Law Judge shall by order
dismiss any objections which have no
bearing on the allowable issues which may
be considered in the proceeding.
Section 3(c)(2)(B)(iv) of FIFRA provides
that any hearing must be held and a
determination issued within 75 days after
receipt of a hearing request. This 75–day
period may not be extended unless all parties
in the proceeding stipulate to such an
extension. If a hearing is properly requested,
the Agency will issue a final order at the
conclusion of the hearing governing the
suspension of your product(s).
A request for a hearing pursuant to this
Notice must 1) include specific objections
E:\FR\FM\26NON1.SGM
26NON1
]]>Agencies
[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Notices]
[Pages 72043-72047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28124]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2008-0820; FRL-8746-4]
Proposed Approval of the Central Characterization Project's
Remote-Handled Transuranic Waste Characterization Program at Oak Ridge
National Laboratory
AGENCY: Environment 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, remote-handled (RH), 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 RH TRU debris waste from ORNL-CCP during an
inspection conducted on June 30--July 2, 2008. 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 RH TRU waste consistent with the Compliance
Criteria. The results of EPA's evaluation of ORNL-CCP's RH 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 January 12, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0820, by one of the following methods:
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-2008-0820. 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 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
www.regulations.gov or e-mail. The 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 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
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 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
[[Page 72044]]
Protection Division, Center for Waste Management and Regulation, 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
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 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 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 waste characterization inspections.
As described in Section 194.8(b), EPA's baseline inspections
evaluate each waste characterization process component (equipment,
procedures, and personnel training/experience) for its adequacy and
appropriateness in characterizing TRU waste destined for disposal at
WIPP. During an inspection, the site demonstrates its capabilities to
characterize TRU waste(s) and its ability to comply with the regulatory
limits and tracking requirements under (194.24. A baseline inspection
may describe any limitations on approved waste streams or waste
characterization processes [Sec. 194.8(b)(2)(iii)]. In addition, a
baseline inspection approval must specify what subsequent waste
characterization program changes or expansion should be reported to EPA
[Sec. 194.8(b)(4)]. The Agency is required to assign Tier 1 (T1) and
Tier 2 (T2) designations to the reportable changes depending on their
potential impact on data quality. A T1 designation requires that the
site must notify EPA of proposed changes to the approved components of
an individual waste characterization process (such as radioassay
equipment or personnel), and EPA must also approve the change before it
can be implemented. A waste characterization element with a T2
designation allows the site to implement changes to the approved
components of individual waste characterization processes (such as
visual examination procedures) but requires EPA notification. The
Agency may choose to inspect the site to evaluate technical adequacy
before approval. EPA inspections conducted to evaluate T1 or T2 changes
are follow-up inspections under the authority of Sec. 194.24(h). In
addition to the follow-up inspections, if warranted, EPA may opt to
conduct
[[Page 72045]]
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 waste characterization 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 RH TRU waste
characterization activities at ORNL-CCP (EPA Inspection No. EPA-ORNL-
CCP-RH-4.08-8). The purpose of EPA's inspection was to verify that the
waste characterization program implemented at ORNL-CCP for
characterizing RH TRU, retrievably-stored, debris waste is technically
adequate and meets the regulatory requirements at 40 CFR 194.24.
The RH waste that DOE is proposing for WIPP disposal is generated
from operation of the Radiochemical Engineering Development Center
(REDC) hot cell laboratory at ORNL. The REDC was used primarily to
recover and purify curium for fabrication into targets. The same
facility and apparatus were used to separate, purify and store
transcurium \1\ radionuclides produced by irradiation of curium targets
in the ORNL High Flux Isotope Reactor (HFIR) from 1991 until February
2007 for a variety of commercial and federal applications. The REDC
also processed Mark-42 target assemblies to recover plutonium,
americium and curium isotopes that were shipped to the Los Alamos
National Laboratory (LANL). A target is a material that was placed
within the HFIR primarily for defense programs (see attached inspection
report for more information on this topic).
---------------------------------------------------------------------------
\1\ Transcurium isotopes are elements with atomic numbers (No.)
greater than that of Curium (Cm), 96, i.e., berkelium (Bk), atomic
No. 97; californium (Cf), atomic No. 98; einsteinium (Es), atomic
No. 99; fermium (Fm), atomic No. 100; and mendelevium (Md), atomic
No. 101. By definition, these are potentially TRU, depending on
their radioactive emission (alpha, beta, or gamma) and half-life,
even though they may contain small or immeasurable concentrations of
plutonium and/or americium isotopes normally associated with TRU
wastes.
---------------------------------------------------------------------------
ORNL-CCP stores RH waste from the REDC in concrete casks, boxes,
and drums at ORNL. These wastes are transferred to the TRU Waste
Processing Center (TWPC) hot cells for repackaging into 55-gallon (208-
liter) drums for characterization. ORNL-CCP was expecting EPA to
evaluate for approval RH debris waste from three time periods (April
1972-November 1978, December 1978-October 1991, and November 1991-
February 2007). Early in the inspection, EPA inspectors concluded that
ORNL--CCP had done limited characterization work for the first two time
periods and the available information for the earlier periods was not
complete. As a result, EPA inspectors informed the Carlsbad Area Field
Office (CBFO) and ORNL-CCP that the scope of the inspection would only
cover debris waste generated from November 1991-February 2007. Today's
proposed baseline approval, therefore, is limited to retrievably-stored
RH TRU debris wastes that were generated during this specific time
frame.
ORNL initially stored these wastes in 32 concrete casks. ORNL-CCP
presented preliminary information regarding RH TRU debris wastes that
had been generated in two other time periods; the Pre-Solvent
Extraction Test Facility (SETF) period from April 1972-November 1978
and the SETF period from December 1978-October 1991. At the time of
this inspection, characterization of the Pre-SETF and SETF wastes had
not begun and there was insufficient objective evidence to support
their approval. ORNL-CCP has stated that they will present these wastes
for EPA approval in the future and EPA will evaluate each of these as
Tier 1 (T1) changes in accordance with the tiering described in the
accompanying inspection report.
The EPA inspection team identified four concerns related to waste
characterization processes ORNL-CCP had implemented to characterize
retrievably-stored RH debris waste (see Attachment B of the
accompanying inspection report). ORNL-CCP revised specific documents to
address the concerns and submitted them for EPA review following the
initial onsite inspection. The EPA inspection team completed their
review of the revised documents and determined that the revised
documents adequately addressed all aspects of the four EPA concerns.
EPA has determined that the ORNL-CCP RH waste characterization
program was technically adequate and that all concerns have been
resolved. Therefore, EPA is proposing to approve the ORNL-CCP RH waste
characterization program for ORNL RH Waste Stream OR-REDC-RH-HET that
was evaluated during this baseline inspection, as described and
documented in the accompanying inspection report. The proposed approval
includes the following:
(1) The AK process for the RH retrievably-stored TRU debris waste
stream designated as Waste Stream OR-REDC-RH-HET that was generated
from REDC activities conducted between November 1991 and February 2007
that is currently stored at ORNL and will be repackaged into 55-gallon
drums.
(2) The radiological characterization process using DTC and scaling
factors for assigning radionuclide values to Waste Stream OR-REDC-RH-
HET that is documented in CCP-AK-ORNL-501, Revisions 0 and 1, and
detailed in this report.
(3) The VE process to identify waste material parameters and the
physical form of the waste.
(4) The WWIS to submit data for both characterization and
certification for RH TRU waste.
(5) The attainment of pertinent data quality objectives (DQOs).
ORNL-CCP must report and receive EPA approval of any Tier 1 (T1)
changes to the ORNL-CCP waste characterization activities from the date
of the baseline inspection, and ORNL-CCP must notify EPA regarding Tier
2 (T2) changes according to Table 1, below. Table 1 in this report
closely follows the format used in recent CH and RH baseline approval
reports.
[[Page 72046]]
Table 1--Tiering of RH TRU Waste Characterization Processes Implemented
by ORNL-CCP, Based on June 30-July 2, 2008 Baseline Inspection
------------------------------------------------------------------------
ORNL--CCP RH WC
RH WC Process elements ORNL-CCP RH WC Process--T2
Process--T1 Changes Changes \a\
------------------------------------------------------------------------
Acceptable Knowledge (AK)..... Addition of any new Notification to
waste streams not EPA when
approved under this updates are
baseline (AK-1). made to the
documents
included in AK-
1, AK-2, AK-3,
AK-4, AK-6, AK-
9, AK-13, AK-14
and AK-15,
outside of the
specific T1
changes listed
in the previous
column.
Modification of the Notification to
approved population EPA of
of the OR-REDC-RH-HET availability of
wastes to include any and/or
containers not revisions to
included in the CCP- Add Container
AK-ORNL-501, Revision Memoranda (AK-
1 analysis (AK-1). 3).
Modification(s) Notification to
resulting from EPA of
incorporation of new availability of
information specific documentation
to the approved RH of RH sample
debris waste (OR-REDC- reclassified as
RH-HET) population to CH and subject
the following to confirmatory
documents: CSSF (AK-1 analyses via
and AK-2); CCP-AK- NDA (AK-9).
ORNL-501 (AK-1); CCP-
AK-ORNL-500 (AK-2 and
AK-9); AKSR (AK-6);
CTP (AK-9); AK
Accuracy Reports (AK-
1 and AK-15); and the
WSPF (AK-14).
Implementation of load Notification to
management (AK-16). EPA of
availability of
DRF(s) or data
limitation
information
pertaining to
CCP's
assessment of
ORNL's original
radiological
characterizatio
n of wastes
generated post-
1999 (AK-13).
Radiological Characterization, Application of new Revisions of CCP-
Dose-to-Curie (DTC) and the scaling factors for AK-ORNL-501 or
application of radionuclide- isotopic CCP-TP-504 that
specific scaling factors. determination other require CBFO
than those documented approval (RC-
in CCP-AK-ORNL-501 3), (RC-4), (RC-
(RC-3). 8).
Use of any alternate Results from the
radiological any RH TRU
characterization container(s)
procedure other than that qualify as
DTC, with established CH and are
scaling factors as subject to NDA
documented in CCP-TP- (RC-8).
504, Revision 6, or
substantive
modification of the
DTC procedure \b\ (RC-
4).
Any new waste stream ................
not approved under
this baseline or
addition of
containers to Waste
Stream OR-REDC-RH-HET
that requires
changing the
documented
radionuclide scaling
factors in CCP-AK-
ORNL-501 (RC-4).
Visual Examination (VE)....... Implementation of VE Changes to VE
by any system other procedure(s)
than two operators that require
performing VE \c\ (VE- CBFO approval
2). (VE-1).
Addition of new
Sample Category
Groups to the
VE process that
is subject to
this proposed
approval (VE-
2).
WIPP Waste Information System None at this time..... Changes to WWIS
(WWIS). procedure(s)
that require
CBFO approval
(WWIS-1).
Changes to the
Excel
spreadsheet
titled WWIS
Data Entry
Summary
Characterizatio
n and
Certification
(WWIS-2).
------------------------------------------------------------------------
\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 waste characterization 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
[[Page 72047]]
official Air Docket since the October 1992 enactment of the WIPP LWA.
Dated: November 18, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E8-28124 Filed 11-25-08; 8:45 am]
BILLING CODE 6560-50-P
