Proposed Baseline Approval of the Remote-Handled Transuranic Waste Characterization Program Implemented at the Department of Energy's Sandia National Laboratories, 65383-65386 [2019-25671]
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
estimated respondent burden compared
with the ICR currently approved by
OMB. This decrease shows the program
is in maturity and is expected to operate
with minimal change.
Courtney Kerwin,
Director, Collection Strategies Division.
[FR Doc. 2019–25763 Filed 11–26–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2019–0634; FRL–10002–58–
OAR]
Proposed Baseline Approval of the
Remote-Handled Transuranic Waste
Characterization Program Implemented
at the Department of Energy’s Sandia
National Laboratories
Environmental Protection
Agency (EPA).
ACTION: Notice of availability; opening
of a 45-day public comment period.
AGENCY:
The EPA is proposing to
approve SNL’s remote-handled
transuranic waste characterization
program based on the inspections
conducted on June 24–25, 2014, and the
offsite document review conducted
April–July 2019. Until the Agency
finalizes its baseline approval decision,
the Carlsbad Field Office may not
recertify SNL’s waste characterization
program and the site may not ship
transuranic waste to the WIPP for
disposal.
DATES: Comments must be received on
or before January 13, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2019–0634, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. The EPA may
publish any comment received to its
public docket. Do not electronically
submit any information you consider to
be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
SUMMARY:
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primary submission (i.e., on the web,
cloud or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit:
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Edward Feltcorn (202–343–9422) or
Jerry Ellis (202–564–2766), Radiation
Protection Division, Center for Waste
Management and Regulations, Mail
Code 6608T, U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, Washington, DC 20460; fax
number: 202–343–2305; email
addresses: feltcorn.ed@epa.gov or
ellis.jerry@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my
comments for EPA?
Submitting CBI. Do not submit this
information to the EPA through
www.regulations.gov or email. 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 the 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.
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
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65383
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
The Environmental Protection Agency
(EPA or the Agency) is announcing the
availability of, and soliciting public
comment on, this proposed action.
Initially, the EPA approved the Sandia
National Laboratories’ (SNL) remotehandled transuranic waste
characterization program in November
2011 for a limited duration, allowing the
site to ship waste to the Waste Isolation
Pilot Plant (WIPP) for disposal (EPA
Docket No. A–98–49; II–A4–155). In
May 2014, the Department of Energy’s
Carlsbad Field Office informed the EPA
that SNL had identified additional
remote-handled transuranic debris
waste requiring a new baseline
inspection in accordance with 40 CFR
194.8. The EPA conducted this second
baseline inspection in two phases.
During the first phase, the EPA observed
waste characterization activities while
onsite at SNL in Albuquerque, New
Mexico, and concurrently interviewed
cognizant personnel offsite in Denver,
Colorado, on June 24–25, 2014. In the
second phase of the baseline inspection,
the Agency reviewed waste
characterization records offsite from
April–July 2019 in Washington, DC. The
EPA’s report documenting the
inspection results and proposed
baseline approval is available for review
in the public dockets listed in the
ADDRESSES section of this document.
The DOE operates the WIPP facility
near Carlsbad in southeastern New
Mexico as a deep geologic repository for
disposal of defense-related transuranic
(TRU) radioactive waste. TRU waste
contains more than 100 nanocuries of
alpha-emitting TRU isotopes, with halflives greater than twenty years, per gram
of waste. Much of the existing TRU
waste, which may also be contaminated
with hazardous chemicals, consists of
items contaminated during the
production of nuclear weapons, such as
debris waste (rags, equipment, tools)
and solid waste (sludges, soil).
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
Section 8(d)(2) of the WIPP Land
Withdrawal Act (LWA) of 1992
provided that the EPA would certify
whether the WIPP facility will comply
with the Agency’s final disposal
regulations, later codified at 40 CFR part
191, subparts B and C. On May 13, 1998,
the Agency announced its final
compliance certification to the Secretary
of Energy (published May 18, 1998; 63
FR 27354), certifying that the WIPP will
comply with the disposal regulations.
The EPA’s certification of the WIPP was
subject to various conditions, including
conditions concerning quality assurance
and waste characterization relating to
EPA inspections, evaluations and
approvals of the site-specific TRU waste
characterization programs to ensure
compliance with various EPA regulatory
requirements, including those at 40 CFR
194.8, 194.22(a)(2)(i), 194.22(c)(4),
194.24(c)(3) and 194.24(c)(5). In
addition, under the LWA, the initial
WIPP certification was subject to
quinquennial (every five years)
recertification by the Agency.
The EPA’s inspection and approval
processes for waste generator sites,
including quality assurance and waste
characterization programs, are described
at 40 CFR 194.8. Between November
2005 and April 2012, the EPA inspected
waste characterization programs of
previously approved sites. The Agency
has discretion in establishing technical
priorities; the ability to accommodate
variation in the site’s waste
characterization capabilities; and
flexibility in scheduling site waste
characterization inspections.
In accordance with the conditions in
the WIPP compliance certification and
relevant regulatory provisions,
including 40 CFR 194.8, the EPA
conducts ‘‘baseline’’ inspections at
waste generator sites, as well as
subsequent inspections to confirm
continued compliance. As part of a
baseline inspection, the EPA evaluates
each waste characterization process
component (equipment, procedures and
personnel training and experience) for
adequacy and appropriateness in
characterizing TRU waste intended for
disposal at the WIPP. During the
inspection, the site demonstrates its
capabilities to characterize TRU waste(s)
and its ability to comply with the
regulatory limits and tracking
requirements under § 194.24. The
baseline inspection can result in
approval with limitations and
conditions or may require follow-up
inspection(s) before approval. Within
the approval documentation, the EPA
specifies what subsequent program
changes should be reported to the
Agency, referred to as Tier 1 or Tier 2
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changes, depending largely on the
anticipated effect of the changes on data
quality.
A Tier 1 designation requires that the
CBFO provide to the EPA
documentation on proposed changes to
the approved components of an
individual site-specific waste
characterization process (such as
radioassay equipment) which the
Agency must approve before the change
can be implemented. Tier 2 designated
changes are minor changes to the
approved components of individual
waste characterization processes (such
as visual examination procedures)
which must also be reported to the EPA,
but the site may implement such
changes without awaiting Agency
approval. After receiving notification of
Tier 1 changes, the EPA may choose to
inspect the site to evaluate technical
adequacy. The inspections conducted to
evaluate Tier 1 or Tier 2 changes are
under the authority of the EPA’s WIPP
compliance certification conditions and
regulations, including 40 CFR 194.8 and
194.24(h). In addition to follow-up
inspections, the EPA may opt to
conduct continued compliance
inspections at TRU waste sites with a
baseline approval under the authority of
the WIPP compliance certification
regulations, including § 194.24(h).
In accordance with 40 CFR 194.8, the
EPA issues a Federal Register notice
proposing a baseline compliance
decision, dockets the inspection report
for public review, and seeks public
comment on the proposed decision for
a minimum period of 45 days. The
report describes the waste
characterization processes the EPA
inspected at the site, as well as their
compliance with 40 CFR 194.8 and
194.24 requirements.
Proposed Baseline Decision
This notice announces the EPA’s
proposed baseline approval of the
remote-handled (RH) TRU debris waste
characterization program implemented
by the Central Characterization Program
(CCP) at the DOE’s SNL, in
Albuquerque, New Mexico. In
accordance with Title 40, Part 194, of
the Code of Federal Regulations [40 CFR
94.8(b)], the EPA conducted Baseline
Inspection No. EPA–SNL–CCP–RH–
06.14–8 of the CCP’s waste
characterization program for RH TRU
debris waste at SNL. Upon the EPA’s
final approval, DOE can emplace SNL–
CCP RH TRU debris waste in the WIPP.
The EPA previously approved SNL–
CCP’s RH TRU waste characterization
program in November 2011 (EPA Docket
No. A–98–49; II–A4–155). At the time,
DOE expected that SNL–CCP would not
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have an active RH TRU waste
characterization program beyond fiscal
year 2012. In March 2012, the EPA
approved one Tier 1 (T1) change (EPA
Docket No. A–98–49; II–A4–160, EPA
Air e-Docket No: EPA–HQ–OAR–2001–
0012–0306). In May 2014, the Carlsbad
Field Office (CBFO) informed the EPA
that SNL had identified additional RH
TRU debris waste requiring a new
baseline inspection in accordance with
40 CFR 194.8. The EPA is proposing to
approve the SNL–CCP waste
characterization program implemented
to characterize RH TRU debris waste as
documented in the report (‘‘Proposed
Approval: EPA Baseline Inspection of
the Central Characterization Program
Remote-Handled Transuranic Waste
Characterization Program for the Sandia
National Laboratories’’; hereafter, ‘‘the
report’’). The baseline inspection
addressed in this notice occurred over
an extended period of time. The EPA
conducted the second baseline
inspection in two segments: (1)
Observing waste characterization
activities Dose-to-Curie (DTC) and
Visual Examination (VE) onsite at SNL
in Albuquerque, New Mexico, and
interviewing Acceptable Knowledge
(AK) personnel offsite in Denver,
Colorado, on June 24–25, 2014; and (2)
a desktop review of waste
characterization records in Washington,
DC, from April–July 2019. The results of
the baseline inspection documented in
the report are a combination of the
results of the 2014 DTC and VE
observations at SNL, AK personnel
interviews in Denver and the 2019
desktop review of all waste
characterization records.
This baseline inspection evaluated
SNL–CCP’s RH waste characterization
program for technical adequacy and,
when approved, SNL–CCP would be
allowed to ship waste already
characterized under that program and to
use the program’s components to
characterize future RH waste in
accordance with the conditions and
limitations discussed in the report.
SNL–CCP representatives stated that all
SNL RH TRU waste has been
characterized with completion of the
activities described in the report.
However, based on the EPA’s
experience with RH TRU waste
characterization programs, this
proposed approval provides for the
characterization of additional RH TRU
wastes, subject to the conditions
described below. Specifically, the
proposed approval includes:
(1) The AK process for RH TRU debris
waste generated in the SNL Hot Cell
Facility during the removal and
packaging of experimental material and
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Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
decontamination operations in Building
6580 and added to Waste Stream SNL–
HCF–S5400–RH. The proposed approval
also includes process generated waste
from cleanup of the Auxiliary Hot Cell
Facility after repackaging containers
from Waste Stream SNL–HCF–S5400–
RH.
(2) The radiological characterization
process using DTC and scaling factors
for assigning radionuclide values for
Waste Stream SNL–HCF–S5400–RH that
is documented in Appendix C of CCP–
AK–SNL–501, Revision 6, and
supported by the calculation packages
referenced in the report.
(3) The VE process to identify waste
material parameters and the physical
form of RH TRU debris waste.
CBFO currently presents the
population of subject waste as 25 drums
of RH TRU waste whose
characterization activities were
completed in 2015, using the processes
observed and reviewed by the EPA in
2014. However, the Agency understands
that there are two waste drums from
Waste Stream SNL–HCF–S5400–RH that
lack a clear path forward for disposal as
RH TRU waste. One drum has an
external dose rate that prevents
shipment in its current configuration
and, it appears, would require repacking
into several drums to be eligible for
shipment. The second drum contains
HEPA filters associated with Waste
Stream SNL–HCF–S5400–RH and SNL–
CCP is not sure at the time of this notice
if it will assay as contact-handled or RH
TRU.
If the wastes within one or both of the
drums are part of this waste stream, they
would be covered by this proposed
baseline approval, provided they were
characterized by the EPA-approved
processes described in the report. The
Agency is aware that processing these
drums would require SNL–CCP to
perform DTC and VE activities, at a
minimum, which would be a T1 change,
as stated in Table 1. To be clear,
commencement of any RH TRU waste
characterization activities by SNL–CCP
from the date of the final baseline
approval must be reported to and
approved by the EPA, according to
Table 1. All T1 changes must be
submitted for approval before their
implementation and will be evaluated
by the EPA. Upon approval, the Agency
65385
will post the results of the evaluations
through the EPA’s general WIPP
eDocket. SNL–CCP must submit Tier 2
(T2) changes that have been
implemented four times a year at the
end of each fiscal quarter.
The EPA’s final approval decision
regarding the SNL–CCP RH TRU waste
characterization program will be
conveyed to DOE separately by letter
following the EPA’s review of public
comments responding to this notice.
This information will be provided
through the EPA’s WIPP docket
provided for this action at
regulations.gov (Docket No: EPA–HQ–
OAR–2019–0634), in accordance with
40 CFR 194.8(b)(3). A summary of all
WIPP-related EPA inspection statuses
can also be found on the EPA website
at https://www.epa.gov/radiation/wasteisolation-pilot-plant-wipp-inspections,
and any interested party can get these
and other WIPP updates via the
Agency’s WIPP–NEWS website (https://
www.epa.gov/radiation/wipp-news).
Individuals may also subscribe to the
WIPP–NEWS email listserv using the
instructions on the website.
TABLE 1—TIERING OF RH–TRU WASTE CHARACTERIZATION PROCESSES IMPLEMENTED BY SNL–CCP
[Based on June 24–25, 2014, and April–July 2019 Baseline Inspection]
Process elements
SNL–CCP RH waste characterization process—Tier 1 (T1)
changes requiring EPA approval
SNL–CCP RH waste characterization process—reporting of Tier
2 (T2) changes *
Acceptable Knowledge ..............
Implementation of payload management for any waste stream ..
Radiological Characterization,
including Dose-To-Curie.
Any radiological characterization processes performed after approval of the 2019 Baseline Inspection.
Substantive modification ** to EPA-approved radiological characterization reports (e.g., CCP–AK–SNL–501).
Visual Examination ....................
Any VE performed after approval of the 2019 Baseline Inspection.
Real-Time Radiography .............
Any use of RTR ............................................................................
Submission of a list of SNL–CCP RH AK Experts and Site
Project Managers that performed work during the previous
quarter.
Notification to the EPA upon availability of or modification to
AKSRs and certification test plans (e.g., CCP–AK–SNL–500,
CCP–AK–SNL–502).
Notification to the EPA upon availability of or substantive modification *** to:
• CCP–TP–005, Attachments 8 and 9, including associated
memoranda (e.g., add-container memoranda).
• Waste stream profile form.
• AK accuracy reports (annually, at a minimum).
• Enhanced AK documents such as AK assessment, CCE
and BOK memoranda (including addition of new figures
or attachments).
• Characterization procedures requiring CBFO approval.
Submission of a list of SNL–CCP DTC operators, expert analysts and independent technical reviewers that performed
work during the previous quarter.
Notification to the EPA upon availability of or non-substantive
modification ** to radiological characterization reports (e.g.,
CCP–AK–SNL–501).
Notification to the EPA upon availability of or modification to
characterization procedures requiring CBFO approval.
Submission of a list of SNL–CCP VE Operators, VE Experts
and independent technical reviewers that performed work during the previous quarter.
Notification to the EPA upon availability of or modification to
characterization procedures requiring CBFO approval.
None.
* SNL–CCP will report all T2 changes to the EPA every three months.
** ‘‘Substantive modification’’ refers to a change with the potential to affect SNL–CCP’s RH waste characterization processes or documentation of them, excluding
changes that are solely related to the environment, safety and health; nuclear safety; or the Resource Conservation and Recovery Act; or that are editorial in nature
or are required to address administrative concerns. The EPA may request copies of new references that DOE adds during a document revision.
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65386
Federal Register / Vol. 84, No. 229 / Wednesday, November 27, 2019 / Notices
III. Availability of the Baseline
Inspection Report and Proposed
Approval for Public Comment
The EPA has placed the report
discussing the results of the inspection
of the RH TRU waste characterization
program at the Sandia National
Laboratory in the public docket as
described in the ADDRESSES section of
this document. In accordance with 40
CFR 194.8, the Agency is providing the
public 45 days to comment on this and
other documents and the EPA’s
proposed decision to approve the SNL
RH TRU waste characterization
program. The Agency requests
comments particularly concerning the
Enhanced Acceptable Knowledge
process, a major significant change
made by the Sandia National Laboratory
to its RH TRU waste characterization
program as previously approved by the
EPA in 2012. The Agency will accept
public comment on this notice and
supplemental information as described
in Section I above. At the end of the
public comment period, the EPA will
evaluate all relevant public comments
and, as the Agency may deem
appropriate and necessary, revise the
report and proposed decision or take
other appropriate action. If the EPA
concludes that there are no unresolved
issues after the public comment period,
the Agency will issue an approval letter
and the final report. The letter of
approval will authorize the DOE to use
the approved waste characterization
processes to characterize RH TRU waste
at SNL.
Information on the approval decision
will be filed in the official public docket
opened for this action on
www.regulations.gov, Docket ID No.
EPA–HQ–OAR–2019–0634 (as listed in
the ADDRESSES section of this
document).
Dated: November 14, 2019.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2019–25671 Filed 11–26–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPA–2007–0042; FRL–10002–57–
OLEM]
Proposed Information Collection
Request; Comment Request; The
National Oil and Hazardous Substance
Pollution Contingency Plan
Regulation, Subpart J (40 CFR 300.900)
(Renewal)
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Notice.
The Environmental Protection
Agency is planning to submit an
information collection request (ICR),
‘‘The National Oil and Hazardous
Substance Pollution Contingency Plan
Regulation, Subpart J (40 CFR 300.900)’’
(EPA ICR No. 1664.12, OMB Control No.
2050–0141) to the Office of Management
and Budget (OMB) for review and
approval in accordance with the
Paperwork Reduction Act. Before doing
so, EPA is soliciting public comments
on specific aspects of the proposed
information collection as described
below. This is a proposed extension of
the ICR, which is currently approved
through October 31, 2020. An Agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
DATES: Comments must be submitted on
or before January 27, 2020.
ADDRESSES: Submit your comments,
referencing Docket ID No. EPA–HQ–
OPA–2007–0042, online using
www.regulations.gov (our preferred
method) or by mail to: EPA Docket
Center, Environmental Protection
Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC
20460.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Wendy Hoffman, Office of Emergency
Management, Regulations
Implementation Division (5104A),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460; telephone number: 202–564–
8794; fax number: 202–564–2620; email
address: hoffman.wendy@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents which explain in
detail the information that the EPA will
be collecting are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC.
The telephone number for the Docket
Center is 202–566–1744. For additional
information about EPA’s public docket,
visit https://www.epa.gov/dockets.
Pursuant to section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501 et seq.), EPA
SUMMARY:
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is soliciting comments and information
to enable it to: (i) Evaluate whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Agency, including
whether the information will have
practical utility; (ii) evaluate the
accuracy of the Agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(iii) enhance the quality, utility, and
clarity of the information to be
collected; and (iv) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses. EPA will consider the
comments received and amend the ICR
as appropriate. The final ICR package
will then be submitted to OMB for
review and approval. At that time, EPA
will issue another Federal Register
notice to announce the submission of
the ICR to OMB and the opportunity to
submit additional comments to OMB.
Abstract: This Information Collection
Request (ICR) renewal supports
activities to implement the National Oil
and Hazardous Substances Pollution
Contingency Plan (NCP), Subpart J (40
CFR 300.900), ‘‘Use of Dispersants and
Other Chemicals.’’
The use of bioremediation agents,
dispersants, surface washing agents,
surface collecting agents and
miscellaneous oil spill control agents in
response to oil spills in U.S. waters or
adjoining shorelines is governed by
Subpart J of the NCP regulation (40 CFR
300.900). Subpart J requirements
include criteria for listing oil spill
mitigating agents on the NCP Product
Schedule, hereafter referred to as the
Schedule. EPA’s regulation, which is
codified at 40 CFR 300.00, requires that
EPA prepare a schedule of ‘‘dispersants,
other chemicals, and other spill
mitigating devices and substances, if
any, that may be used in carrying out
the NCP.’’ The Schedule is required by
section 311(d)(2)(G) of the Clean Water
Act (CWA), as amended by the Oil
Pollution Act of 1990. The Schedule is
used by Federal On-Scene Coordinators
(FOSCs), Regional Response Teams
(RRTs), and Area Planners to identify
spill mitigating agents in preparation for
and response to oil spills.
Under Subpart J, manufacturers who
want to add a product to the Schedule
must submit technical product data to
the U.S. Environmental Protection
Agency (EPA or Agency) as stipulated in
40 CFR 300.915. Subpart J requires the
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]]>Agencies
[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65383-65386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25671]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2019-0634; FRL-10002-58-OAR]
Proposed Baseline Approval of the Remote-Handled Transuranic
Waste Characterization Program Implemented at the Department of
Energy's Sandia National Laboratories
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; opening of a 45-day public comment
period.
-----------------------------------------------------------------------
SUMMARY: The EPA is proposing to approve SNL's remote-handled
transuranic waste characterization program based on the inspections
conducted on June 24-25, 2014, and the offsite document review
conducted April-July 2019. Until the Agency finalizes its baseline
approval decision, the Carlsbad Field Office may not recertify SNL's
waste characterization program and the site may not ship transuranic
waste to the WIPP for disposal.
DATES: Comments must be received on or before January 13, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2019-0634, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. The
EPA may publish any comment received to its public docket. Do not
electronically submit any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud or other file sharing system). For additional submission methods,
the full EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit: https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Edward Feltcorn (202-343-9422) or
Jerry Ellis (202-564-2766), Radiation Protection Division, Center for
Waste Management and Regulations, Mail Code 6608T, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; fax
number: 202-343-2305; email addresses: [email protected] or
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my comments for EPA?
Submitting CBI. Do not submit this information to the EPA through
www.regulations.gov or email. 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 the 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.
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
The Environmental Protection Agency (EPA or the Agency) is
announcing the availability of, and soliciting public comment on, this
proposed action. Initially, the EPA approved the Sandia National
Laboratories' (SNL) remote-handled transuranic waste characterization
program in November 2011 for a limited duration, allowing the site to
ship waste to the Waste Isolation Pilot Plant (WIPP) for disposal (EPA
Docket No. A-98-49; II-A4-155). In May 2014, the Department of Energy's
Carlsbad Field Office informed the EPA that SNL had identified
additional remote-handled transuranic debris waste requiring a new
baseline inspection in accordance with 40 CFR 194.8. The EPA conducted
this second baseline inspection in two phases. During the first phase,
the EPA observed waste characterization activities while onsite at SNL
in Albuquerque, New Mexico, and concurrently interviewed cognizant
personnel offsite in Denver, Colorado, on June 24-25, 2014. In the
second phase of the baseline inspection, the Agency reviewed waste
characterization records offsite from April-July 2019 in Washington,
DC. The EPA's report documenting the inspection results and proposed
baseline approval is available for review in the public dockets listed
in the ADDRESSES section of this document.
The DOE operates the WIPP facility near Carlsbad in southeastern
New Mexico as a deep geologic repository for disposal of defense-
related transuranic (TRU) radioactive waste. TRU waste contains more
than 100 nanocuries of alpha-emitting TRU isotopes, with half-lives
greater than twenty years, per gram of waste. Much of the existing TRU
waste, which may also be contaminated with hazardous chemicals,
consists of items contaminated during the production of nuclear
weapons, such as debris waste (rags, equipment, tools) and solid waste
(sludges, soil).
[[Page 65384]]
Section 8(d)(2) of the WIPP Land Withdrawal Act (LWA) of 1992
provided that the EPA would certify whether the WIPP facility will
comply with the Agency's final disposal regulations, later codified at
40 CFR part 191, subparts B and C. On May 13, 1998, the Agency
announced its final compliance certification to the Secretary of Energy
(published May 18, 1998; 63 FR 27354), certifying that the WIPP will
comply with the disposal regulations. The EPA's certification of the
WIPP was subject to various conditions, including conditions concerning
quality assurance and waste characterization relating to EPA
inspections, evaluations and approvals of the site-specific TRU waste
characterization programs to ensure compliance with various EPA
regulatory requirements, including those at 40 CFR 194.8,
194.22(a)(2)(i), 194.22(c)(4), 194.24(c)(3) and 194.24(c)(5). In
addition, under the LWA, the initial WIPP certification was subject to
quinquennial (every five years) recertification by the Agency.
The EPA's inspection and approval processes for waste generator
sites, including quality assurance and waste characterization programs,
are described at 40 CFR 194.8. Between November 2005 and April 2012,
the EPA inspected waste characterization programs of previously
approved sites. The Agency has discretion in establishing technical
priorities; the ability to accommodate variation in the site's waste
characterization capabilities; and flexibility in scheduling site waste
characterization inspections.
In accordance with the conditions in the WIPP compliance
certification and relevant regulatory provisions, including 40 CFR
194.8, the EPA conducts ``baseline'' inspections at waste generator
sites, as well as subsequent inspections to confirm continued
compliance. As part of a baseline inspection, the EPA evaluates each
waste characterization process component (equipment, procedures and
personnel training and experience) for adequacy and appropriateness in
characterizing TRU waste intended for disposal at the WIPP. During the
inspection, the site demonstrates its capabilities to characterize TRU
waste(s) and its ability to comply with the regulatory limits and
tracking requirements under Sec. 194.24. The baseline inspection can
result in approval with limitations and conditions or may require
follow-up inspection(s) before approval. Within the approval
documentation, the EPA specifies what subsequent program changes should
be reported to the Agency, referred to as Tier 1 or Tier 2 changes,
depending largely on the anticipated effect of the changes on data
quality.
A Tier 1 designation requires that the CBFO provide to the EPA
documentation on proposed changes to the approved components of an
individual site-specific waste characterization process (such as
radioassay equipment) which the Agency must approve before the change
can be implemented. Tier 2 designated changes are minor changes to the
approved components of individual waste characterization processes
(such as visual examination procedures) which must also be reported to
the EPA, but the site may implement such changes without awaiting
Agency approval. After receiving notification of Tier 1 changes, the
EPA may choose to inspect the site to evaluate technical adequacy. The
inspections conducted to evaluate Tier 1 or Tier 2 changes are under
the authority of the EPA's WIPP compliance certification conditions and
regulations, including 40 CFR 194.8 and 194.24(h). In addition to
follow-up inspections, the EPA may opt to conduct continued compliance
inspections at TRU waste sites with a baseline approval under the
authority of the WIPP compliance certification regulations, including
Sec. 194.24(h).
In accordance with 40 CFR 194.8, the EPA issues a Federal Register
notice proposing a baseline compliance decision, dockets the inspection
report for public review, and seeks public comment on the proposed
decision for a minimum period of 45 days. The report describes the
waste characterization processes the EPA inspected at the site, as well
as their compliance with 40 CFR 194.8 and 194.24 requirements.
Proposed Baseline Decision
This notice announces the EPA's proposed baseline approval of the
remote-handled (RH) TRU debris waste characterization program
implemented by the Central Characterization Program (CCP) at the DOE's
SNL, in Albuquerque, New Mexico. In accordance with Title 40, Part 194,
of the Code of Federal Regulations [40 CFR 94.8(b)], the EPA conducted
Baseline Inspection No. EPA-SNL-CCP-RH-06.14-8 of the CCP's waste
characterization program for RH TRU debris waste at SNL. Upon the EPA's
final approval, DOE can emplace SNL-CCP RH TRU debris waste in the
WIPP. The EPA previously approved SNL-CCP's RH TRU waste
characterization program in November 2011 (EPA Docket No. A-98-49; II-
A4-155). At the time, DOE expected that SNL-CCP would not have an
active RH TRU waste characterization program beyond fiscal year 2012.
In March 2012, the EPA approved one Tier 1 (T1) change (EPA Docket No.
A-98-49; II-A4-160, EPA Air e-Docket No: EPA-HQ-OAR-2001-0012-0306). In
May 2014, the Carlsbad Field Office (CBFO) informed the EPA that SNL
had identified additional RH TRU debris waste requiring a new baseline
inspection in accordance with 40 CFR 194.8. The EPA is proposing to
approve the SNL-CCP waste characterization program implemented to
characterize RH TRU debris waste as documented in the report
(``Proposed Approval: EPA Baseline Inspection of the Central
Characterization Program Remote-Handled Transuranic Waste
Characterization Program for the Sandia National Laboratories'';
hereafter, ``the report''). The baseline inspection addressed in this
notice occurred over an extended period of time. The EPA conducted the
second baseline inspection in two segments: (1) Observing waste
characterization activities Dose-to-Curie (DTC) and Visual Examination
(VE) onsite at SNL in Albuquerque, New Mexico, and interviewing
Acceptable Knowledge (AK) personnel offsite in Denver, Colorado, on
June 24-25, 2014; and (2) a desktop review of waste characterization
records in Washington, DC, from April-July 2019. The results of the
baseline inspection documented in the report are a combination of the
results of the 2014 DTC and VE observations at SNL, AK personnel
interviews in Denver and the 2019 desktop review of all waste
characterization records.
This baseline inspection evaluated SNL-CCP's RH waste
characterization program for technical adequacy and, when approved,
SNL-CCP would be allowed to ship waste already characterized under that
program and to use the program's components to characterize future RH
waste in accordance with the conditions and limitations discussed in
the report. SNL-CCP representatives stated that all SNL RH TRU waste
has been characterized with completion of the activities described in
the report. However, based on the EPA's experience with RH TRU waste
characterization programs, this proposed approval provides for the
characterization of additional RH TRU wastes, subject to the conditions
described below. Specifically, the proposed approval includes:
(1) The AK process for RH TRU debris waste generated in the SNL Hot
Cell Facility during the removal and packaging of experimental material
and
[[Page 65385]]
decontamination operations in Building 6580 and added to Waste Stream
SNL-HCF-S5400-RH. The proposed approval also includes process generated
waste from cleanup of the Auxiliary Hot Cell Facility after repackaging
containers from Waste Stream SNL-HCF-S5400-RH.
(2) The radiological characterization process using DTC and scaling
factors for assigning radionuclide values for Waste Stream SNL-HCF-
S5400-RH that is documented in Appendix C of CCP-AK-SNL-501, Revision
6, and supported by the calculation packages referenced in the report.
(3) The VE process to identify waste material parameters and the
physical form of RH TRU debris waste.
CBFO currently presents the population of subject waste as 25 drums
of RH TRU waste whose characterization activities were completed in
2015, using the processes observed and reviewed by the EPA in 2014.
However, the Agency understands that there are two waste drums from
Waste Stream SNL-HCF-S5400-RH that lack a clear path forward for
disposal as RH TRU waste. One drum has an external dose rate that
prevents shipment in its current configuration and, it appears, would
require repacking into several drums to be eligible for shipment. The
second drum contains HEPA filters associated with Waste Stream SNL-HCF-
S5400-RH and SNL-CCP is not sure at the time of this notice if it will
assay as contact-handled or RH TRU.
If the wastes within one or both of the drums are part of this
waste stream, they would be covered by this proposed baseline approval,
provided they were characterized by the EPA-approved processes
described in the report. The Agency is aware that processing these
drums would require SNL-CCP to perform DTC and VE activities, at a
minimum, which would be a T1 change, as stated in Table 1. To be clear,
commencement of any RH TRU waste characterization activities by SNL-CCP
from the date of the final baseline approval must be reported to and
approved by the EPA, according to Table 1. All T1 changes must be
submitted for approval before their implementation and will be
evaluated by the EPA. Upon approval, the Agency will post the results
of the evaluations through the EPA's general WIPP eDocket. SNL-CCP must
submit Tier 2 (T2) changes that have been implemented four times a year
at the end of each fiscal quarter.
The EPA's final approval decision regarding the SNL-CCP RH TRU
waste characterization program will be conveyed to DOE separately by
letter following the EPA's review of public comments responding to this
notice. This information will be provided through the EPA's WIPP docket
provided for this action at regulations.gov (Docket No: EPA-HQ-OAR-
2019-0634), in accordance with 40 CFR 194.8(b)(3). A summary of all
WIPP-related EPA inspection statuses can also be found on the EPA
website at https://www.epa.gov/radiation/waste-isolation-pilot-plant-wipp-inspections, and any interested party can get these and other WIPP
updates via the Agency's WIPP-NEWS website (https://www.epa.gov/radiation/wipp-news). Individuals may also subscribe to the WIPP-NEWS
email listserv using the instructions on the website.
Table 1--Tiering of RH-TRU Waste Characterization Processes Implemented
by SNL-CCP
[Based on June 24-25, 2014, and April-July 2019 Baseline Inspection]
------------------------------------------------------------------------
SNL-CCP RH waste SNL-CCP RH waste
characterization characterization
Process elements process--Tier 1 (T1) process--reporting
changes requiring of Tier 2 (T2)
EPA approval changes *
------------------------------------------------------------------------
Acceptable Knowledge........ Implementation of Submission of a list
payload management of SNL-CCP RH AK
for any waste Experts and Site
stream. Project Managers
that performed work
during the previous
quarter.
Notification to the
EPA upon
availability of or
modification to
AKSRs and
certification test
plans (e.g., CCP-AK-
SNL-500, CCP-AK-SNL-
502).
Notification to the
EPA upon
availability of or
substantive
modification ***
to:
CCP-TP-
005, Attachments
8 and 9,
including
associated
memoranda (e.g.,
add-container
memoranda).
Waste
stream profile
form.
AK
accuracy reports
(annually, at a
minimum).
Enhanced
AK documents
such as AK
assessment, CCE
and BOK
memoranda
(including
addition of new
figures or
attachments).
Characterization
procedures
requiring CBFO
approval.
Radiological Any radiological Submission of a list
Characterization, including characterization of SNL-CCP DTC
Dose-To-Curie. processes performed operators, expert
after approval of analysts and
the 2019 Baseline independent
Inspection. technical reviewers
Substantive that performed work
modification ** to during the previous
EPA-approved quarter.
radiological Notification to the
characterization EPA upon
reports (e.g., CCP- availability of or
AK-SNL-501).. non-substantive
modification ** to
radiological
characterization
reports (e.g., CCP-
AK-SNL-501).
Notification to the
EPA upon
availability of or
modification to
characterization
procedures
requiring CBFO
approval.
Visual Examination.......... Any VE performed Submission of a list
after approval of of SNL-CCP VE
the 2019 Baseline Operators, VE
Inspection. Experts and
independent
technical reviewers
that performed work
during the previous
quarter.
Notification to the
EPA upon
availability of or
modification to
characterization
procedures
requiring CBFO
approval.
Real-Time Radiography....... Any use of RTR...... None.
------------------------------------------------------------------------
* SNL-CCP will report all T2 changes to the EPA every three months.
** ``Substantive modification'' refers to a change with the potential to
affect SNL-CCP's RH waste characterization processes or documentation
of them, excluding changes that are solely related to the environment,
safety and health; nuclear safety; or the Resource Conservation and
Recovery Act; or that are editorial in nature or are required to
address administrative concerns. The EPA may request copies of new
references that DOE adds during a document revision.
[[Page 65386]]
III. Availability of the Baseline Inspection Report and Proposed
Approval for Public Comment
The EPA has placed the report discussing the results of the
inspection of the RH TRU waste characterization program at the Sandia
National Laboratory in the public docket as described in the ADDRESSES
section of this document. In accordance with 40 CFR 194.8, the Agency
is providing the public 45 days to comment on this and other documents
and the EPA's proposed decision to approve the SNL RH TRU waste
characterization program. The Agency requests comments particularly
concerning the Enhanced Acceptable Knowledge process, a major
significant change made by the Sandia National Laboratory to its RH TRU
waste characterization program as previously approved by the EPA in
2012. The Agency will accept public comment on this notice and
supplemental information as described in Section I above. At the end of
the public comment period, the EPA will evaluate all relevant public
comments and, as the Agency may deem appropriate and necessary, revise
the report and proposed decision or take other appropriate action. If
the EPA concludes that there are no unresolved issues after the public
comment period, the Agency will issue an approval letter and the final
report. The letter of approval will authorize the DOE to use the
approved waste characterization processes to characterize RH TRU waste
at SNL.
Information on the approval decision will be filed in the official
public docket opened for this action on www.regulations.gov, Docket ID
No. EPA-HQ-OAR-2019-0634 (as listed in the ADDRESSES section of this
document).
Dated: November 14, 2019.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2019-25671 Filed 11-26-19; 8:45 am]
BILLING CODE 6560-50-P
