Proposed Baseline Approval of the Contact-Handled Transuranic Waste Characterization Program Implemented at the Department of Energy's Lawrence Livermore National Laboratory, 14480-14483 [2020-05006]
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14480
Federal Register / Vol. 85, No. 49 / Thursday, March 12, 2020 / Notices
1320.12. EPA will issue another Federal
Register document pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the
submission of the ICR to OMB and the
opportunity to submit additional
comments to OMB. If you have any
questions about this ICR or the approval
process, please contact the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
Authority: 44 U.S.C. 3501 et seq.
Dated: March 8, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2020–05078 Filed 3–11–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2020–0087; FRL–10006–42–
OAR]
Proposed Baseline Approval of the
Contact-Handled Transuranic Waste
Characterization Program Implemented
at the Department of Energy’s
Lawrence Livermore National
Laboratory
Environmental Protection
Agency (EPA).
ACTION: Notice of availability; opening
of a 45-day public comment period.
AGENCY:
The Environmental Protection
Agency (EPA or the Agency) is
announcing the availability of, and
soliciting public comments on, the
proposed ‘‘baseline’’ approval of the
contact-handled (CH) transuranic (TRU)
debris waste characterization program
implemented by the Central
Characterization Program (CCP) at the
U.S. Department of Energy’s (DOE)
Lawrence Livermore National
Laboratory (LLNL), in Livermore,
California. On June 26, 2019, the DOE
made a formal request for an EPA
baseline inspection for LLNL CH TRU
Waste Characterization Operations. The
inspection supporting this proposed
baseline approval took place on August
5–7, 2019, at LLNL and remotely. The
EPA identified no findings or concerns
and proposes to approve the LLNL CH
TRU debris waste characterization
program.
The EPA’s report documenting the
inspection results and proposed
baseline approval is available for review
in the public docket listed in the
ADDRESSES section of this document.
Until the Agency finalizes its baseline
approval decision, the DOE Carlsbad
Field Office may not certify LLNL’s
waste characterization program and the
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SUMMARY:
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site may not ship transuranic waste to
the Waste Isolation Pilot Plant for
disposal.
Comments must be received on
or before April 27, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2020–0087, 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: feltcorn.ed@epa.gov or
ellis.jerry@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. General Information
A. What should I consider as I prepare
my comments for EPA?
1. 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 files
on 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
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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 EPA–HQ–OAR–2020–0087 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 DOE operates the Waste Isolation
Pilot Plant (WIPP) facility near Carlsbad
in southeastern New Mexico as a deep
geologic repository for disposal of
defense-related 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).
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
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Federal Register / Vol. 85, No. 49 / Thursday, March 12, 2020 / Notices
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. 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 (T1) or Tier
2 (T2) changes, depending largely on the
anticipated effect of the changes on data
quality.
A T1 designation requires that the
DOE Carlsbad Field Office (CBFO)
provide to the EPA documentation on
proposed changes to the approved
components of an individual sitespecific waste characterization process
(such as radioassay equipment), which
the Agency must approve before the
change can be implemented. T2
designated changes are minor changes
to the approved components of
individual waste characterization
processes (such as visual examination
procedures) which must also be
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reported to the EPA, but the site may
implement such changes without
awaiting Agency approval. After
receiving notification of T1 changes, the
EPA may choose to inspect the site to
evaluate technical adequacy. The
inspections conducted to evaluate T1 or
T2 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 Agency
inspected at the site, as well as their
compliance with 40 CFR 194.8 and
194.24 requirements.
A. Proposed Baseline Decision
This notice announces the EPA’s
proposed baseline approval of the CH
TRU waste characterization program
implemented by the CCP at the DOE’s
LLNL, in Livermore, California. In
accordance with 40 CFR 194.8(b), the
EPA conducted Baseline Inspection No.
LLNL–CCP–CH–Baseline–2019 on
August 5–7, 2019, remotely and at
LLNL. Upon EPA’s final approval, DOE
may emplace LLNL–CCP CH TRU waste
in the WIPP.
LLNL consists of two sites: Livermore
Main Site, approximately 40 miles east
of San Francisco, California, adjacent to
the city of Livermore, and Site 300, a
remote, high explosives testing facility,
approximately 15 miles southeast of the
Main Site. All references to LLNL in this
notice refer to the Livermore Main Site.
Historically, LLNL generated TRU waste
primarily during nuclear weapons
research and development and support
operations in numerous buildings at the
laboratory Main Site. LLNL was
established in 1952 with its primary
mission to conduct research and
development on nuclear weapons
fabrication and materials research and
development. Since then, other major
research programs have been added and
the current mission of LLNL is to
function as a multi-program laboratory
conducting research testing and
development, focusing on national
defense and security, energy, the
environment, and biomedicine. Current
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major programs at LLNL include
defense weapons activities and related
programs in laser fusion and inertial
confinement fusion, laser isotope
separation, magnetic fusion energy,
biomedical and environmental research,
energy and resources, environmental
restoration, and waste management.
LLNL also conducts a variety of projects
for other federal agencies, including
weapons research and tracer studies for
the Department of Defense.
The EPA has not previously approved
a waste characterization program at
LLNL under the current baseline
inspection process. Historically, the
EPA approved a CH TRU waste
characterization program at LLNL in
August 2004 that operated for a short
time until the implementation of the
baseline inspection process in October
2004 (Docket No. A–98–49, Item A4–
45). After October 2004, LLNL shipped
CH TRU waste to Idaho National
Laboratory for characterization by an
EPA-approved waste characterization
program as Idaho National Laboratory or
Advanced Mixed Waste Treatment
Project waste streams, which were
characterized and emplaced at the
WIPP.
On June 26, 2019, the DOE requested
that the Agency take steps to approve
the LLNL–CCP CH TRU waste
characterization program to support
direct shipment of waste from LLNL to
the WIPP. The EPA conducted this
baseline inspection in August 2019,
evaluating LLNL–CCP’s CH TRU waste
characterization program for technical
adequacy. Once approved, LLNL–CCP
will be allowed to use the program
components to characterize CH waste in
accordance with the conditions and
restrictions discussed in the inspection
report. The EPA is proposing to approve
the LLNL–CCP waste characterization
program implemented to characterize
CH TRU waste as documented in the
inspection report. Specifically, the
proposed approval includes:
(1) The Acceptable Knowledge
process for characterizing LLNL CH
TRU waste.
(2) The nondestructive assay systems
for measuring the radioactivity in LLNL
CH TRU waste.
(3) The Visual Examination
nondestructive examination process to
identify waste material parameters
(WMPs) and the physical form of LLNL
CH TRU waste.
(4) The Real-Time Radiography (RTR)
nondestructive examination process to
identify WMPs and the physical form of
LLNL CH TRU waste using the RTR2
unit.
Any changes to the waste
characterization activities after the date
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of the baseline inspection must be
reported to and, if applicable, approved
by the EPA according to Table 1 below.
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 in the EPA’s
general WIPP docket at regulations.gov
(Docket No. EPA–HQ–OAR–2001–
0012). LLNL–CCP must submit T2
changes at the end of the fiscal year
quarter in which they were
implemented.
The EPA’s final approval decision
regarding the LLNL–CCP CH waste
characterization program will be
conveyed to the DOE separately by letter
following the EPA’s review of public
comments received in response to this
notice and proposed approval discussed
in the inspection report. This
information will be provided through
the EPA’s WIPP docket provided for this
action at regulations.gov (Docket No.
EPA–HQ–OAR–2020–0087), in
accordance with 40 CFR 194.8(b)(3). A
summary table of all WIPP-related EPA
inspection statuses can also be found on
the EPA website at https://
www.epa.gov/radiation/waste-isolationpilot-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 CONTACT-HANDLED TRANSURANIC WASTE CHARACTERIZATION PROCESSES IMPLEMENTED BY
LLNL–CCP
[Based on August 5–7, 2019, baseline inspection LLNL–CCP–CH-Baseline-2019]
Process elements
LLNL–CCP CH waste characterization
process—T1 changes
LLNL–CCP CH waste characterization process—T2 changes *
Acceptable Knowledge (AK) ............................
Implementation of payload management ........
Nondestructive Assay (NDA) ...........................
New equipment or substantive physical modifications ** to approved equipment.
Submission of a list of active LLNL–CCP CH AK Experts and Site
Project Managers.
Notification to the EPA upon availability of or substantive modification ** to:
• AK summary reports (e.g., CCP–AK–LLNL–002).
• AK accuracy reports (annually, at a minimum).
• Waste stream profile forms and any associated change notices.
• Add container memoranda.
• Site AK procedures requiring CBFO approval.***
• Enhanced AK documents such as CCP–TP–005, Attachment
9, forms and AK Assessment, chemical compatibility evaluation and basis of knowledge memoranda (including addition of
new figures or attachments).
Submission of a list of LLNL–CCP NDA operators, expert analysts
and independent technical reviewers that performed work during
the previous quarter.
Notification to the EPA upon substantive modification ** to:
• Software for approved equipment.
• Operating ranges upon CBFO approval.
• Site NDA procedures requiring CBFO approval.***
Submission of a list of LLNL–CCP VE operators, VE experts and
independent technical reviewers that performed work during the
previous quarter.
Notification to the EPA upon substantive modification ** to site VE
procedures requiring CBFO approval.***
Visual Examination (VE) ..................................
Extension of or changes to approved calibration ranges for approved equipment.
Segmented gamma scanner: Relocation of
system.
VE for non-debris waste ..................................
Real-time Radiography (RTR) .........................
VE by any process other than LLNL–CCP .....
VE operators observing LLNL waste handlers
package the waste in a glovebox, as demonstrated during the August 2019 baseline
inspection.
RTR by any process other than CCP–TP–053
New RTR equipment operated in accordance with procedure CCP–
TP–053.
Submission of a list of LLNL–CCP RTR operators and independent
technical reviewers that performed work during the previous quarter.
Notification to the EPA upon substantive modification ** to site RTR
procedures requiring CBFO approval.***
New T1s, T2s and significant modifications to existing T1s or T2s are in bold text; T1s or T2s that were only revised for style are not shown in bold.
* LLNL–CCP will report all unmarked T2 changes to the EPA every three months.
** ‘‘Substantive modification’’ refers to a change with the potential to affect LLNL–CCP’s CH 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 the DOE adds during a document revision.
*** Site procedures include any procedures used by LLNL–CCP personnel that require Carlsbad Field Office (CBFO) approval. This includes LLNL–CCP-specific
procedures as well as applicable CCP-wide procedures.
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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 CH TRU waste characterization
program at LLNL 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
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other documents and the EPA’s
proposed decision to approve the LLNL
CH TRU waste characterization
program. 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
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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 CH TRU waste
at LLNL.
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Federal Register / Vol. 85, No. 49 / Thursday, March 12, 2020 / Notices
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–2020–0087 (as listed in
the ADDRESSES section of this
document).
Dated: March 3, 2020.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2020–05006 Filed 3–11–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2020–0078; FRL–10005–
46]
Agency Information Collection
Activities; Proposed Renewal of an
Existing Collection (EPA ICR No.
2613.02; OMB Control No. 2070–0212);
Comment Request
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA), this
document announces that EPA is
planning to submit an Information
Collection Request (ICR) to the Office of
Management and Budget (OMB). The
ICR, entitled: ‘Toxic Chemical Release
Reporting’ and identified by EPA ICR
No. 2613.02 and OMB Control No.
2070–0212, represents a renewal of an
existing ICR that is scheduled to expire
on July 31, 2020. EPA is also
consolidating this existing ICR with
another currently approved ICR, also
entitled ‘Toxic Chemical Release
Reporting’ and identified by EPA ICR
No. 1363.28 and OMB Control No.
2025–0009. Before submitting the ICR to
OMB for review and approval, EPA is
soliciting comments on specific aspects
of the proposed information collection
that is summarized in this document.
The ICR and accompanying material are
available in the docket for public review
and comment.
DATES: Comments must be received on
or before May 11, 2020.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2020–0078, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
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SUMMARY:
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• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Cassandra Vail, Toxics Release
Inventory Program Division, 7410M,
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: 202–566–0753; email address:
vail.cassandra@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What information is EPA particularly
interested in?
Pursuant to PRA section 3506(c)(2)(A)
(44 U.S.C. 3506(c)(2)(A)), EPA
specifically solicits comments and
information to enable it to:
1. 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.
2. Evaluate the accuracy of the
Agency’s estimates of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used.
3. Enhance the quality, utility, and
clarity of the information to be
collected.
4. 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. In
particular, EPA is requesting comments
from very small businesses (those that
employ less than 25) on examples of
specific additional efforts that EPA
could make to reduce the paperwork
burden for very small businesses
affected by this collection.
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II. What information collection activity
or ICR does this action apply to?
Title: Toxic Chemical Release
Reporting.
ICR number: EPA ICR No. 2613.02.
OMB control number: OMB Control
No. 2070–0212.
ICR status: This ICR is for a renewal
of an existing information collection
activity. 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. The OMB control
numbers for EPA’s regulations in title 40
of the Code of Federal Regulations
(CFR), after appearing in the Federal
Register when approved, are listed in 40
CFR part 9, are displayed either by
publication in the Federal Register or
by other appropriate means, such as on
the related collection instrument or
form, if applicable. The display of OMB
control numbers for certain EPA
regulations is consolidated in 40 CFR
part 9.
Abstract: Pursuant to section 313 of
the Emergency Planning and
Community Right-to-Know Act (EPCRA,
42 U.S.C. 11001 et seq.), certain
facilities that manufacture, process, or
otherwise use specified toxic chemicals
in amounts above reporting threshold
levels as provided in 40 CFR 372.25
must submit annually to EPA and to
their designated state or Indian country
officials toxic chemical release forms
containing information specified by
EPA; see 42 U.S.C. 11023. In addition,
pursuant to section 6607 of the
Pollution Prevention Act (PPA, 42
U.S.C. 13101 et seq.), facilities reporting
under section 313 of EPCRA must also
report pollution prevention and waste
management data, including recycling
information, for such chemicals; see 42
U.S.C. 13106. EPA compiles and stores
these reports in a publicly accessible
database known as the Toxics Release
Inventory (TRI). Regulations at 40 CFR
part 372, subpart B, require facilities
that meet all of the following criteria to
report:
• The facility has 10 or more fulltime
employee equivalents (i.e., a total of
20,000 hours worked per year or greater;
see 40 CFR 372.3);
• The facility is included in a North
American Industry Classification
System (NAICS) Code listed at 40 CFR
372.23 or under Executive Order 13693,
federal facilities regardless of their
industry classification; and
• The facility manufactures (defined
to include importing), processes, or
otherwise uses any EPCRA section 313
(TRI) chemical in quantities greater than
the established thresholds for the
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]]>Agencies
[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14480-14483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05006]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2020-0087; FRL-10006-42-OAR]
Proposed Baseline Approval of the Contact-Handled Transuranic
Waste Characterization Program Implemented at the Department of
Energy's Lawrence Livermore National Laboratory
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; opening of a 45-day public comment
period.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or the Agency) is
announcing the availability of, and soliciting public comments on, the
proposed ``baseline'' approval of the contact-handled (CH) transuranic
(TRU) debris waste characterization program implemented by the Central
Characterization Program (CCP) at the U.S. Department of Energy's (DOE)
Lawrence Livermore National Laboratory (LLNL), in Livermore,
California. On June 26, 2019, the DOE made a formal request for an EPA
baseline inspection for LLNL CH TRU Waste Characterization Operations.
The inspection supporting this proposed baseline approval took place on
August 5-7, 2019, at LLNL and remotely. The EPA identified no findings
or concerns and proposes to approve the LLNL CH TRU debris waste
characterization program.
The EPA's report documenting the inspection results and proposed
baseline approval is available for review in the public docket listed
in the ADDRESSES section of this document. Until the Agency finalizes
its baseline approval decision, the DOE Carlsbad Field Office may not
certify LLNL's waste characterization program and the site may not ship
transuranic waste to the Waste Isolation Pilot Plant for disposal.
DATES: Comments must be received on or before April 27, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2020-0087, 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
A. What should I consider as I prepare my comments for EPA?
1. 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 files on 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 EPA-HQ-OAR-2020-
0087 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 DOE operates the Waste Isolation Pilot Plant (WIPP) facility
near Carlsbad in southeastern New Mexico as a deep geologic repository
for disposal of defense-related 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).
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
[[Page 14481]]
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. 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 (T1) or Tier 2 (T2)
changes, depending largely on the anticipated effect of the changes on
data quality.
A T1 designation requires that the DOE Carlsbad Field Office (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. T2 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 T1 changes,
the EPA may choose to inspect the site to evaluate technical adequacy.
The inspections conducted to evaluate T1 or T2 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 Agency inspected at the site, as
well as their compliance with 40 CFR 194.8 and 194.24 requirements.
A. Proposed Baseline Decision
This notice announces the EPA's proposed baseline approval of the
CH TRU waste characterization program implemented by the CCP at the
DOE's LLNL, in Livermore, California. In accordance with 40 CFR
194.8(b), the EPA conducted Baseline Inspection No. LLNL-CCP-CH-
Baseline-2019 on August 5-7, 2019, remotely and at LLNL. Upon EPA's
final approval, DOE may emplace LLNL-CCP CH TRU waste in the WIPP.
LLNL consists of two sites: Livermore Main Site, approximately 40
miles east of San Francisco, California, adjacent to the city of
Livermore, and Site 300, a remote, high explosives testing facility,
approximately 15 miles southeast of the Main Site. All references to
LLNL in this notice refer to the Livermore Main Site. Historically,
LLNL generated TRU waste primarily during nuclear weapons research and
development and support operations in numerous buildings at the
laboratory Main Site. LLNL was established in 1952 with its primary
mission to conduct research and development on nuclear weapons
fabrication and materials research and development. Since then, other
major research programs have been added and the current mission of LLNL
is to function as a multi-program laboratory conducting research
testing and development, focusing on national defense and security,
energy, the environment, and biomedicine. Current major programs at
LLNL include defense weapons activities and related programs in laser
fusion and inertial confinement fusion, laser isotope separation,
magnetic fusion energy, biomedical and environmental research, energy
and resources, environmental restoration, and waste management. LLNL
also conducts a variety of projects for other federal agencies,
including weapons research and tracer studies for the Department of
Defense.
The EPA has not previously approved a waste characterization
program at LLNL under the current baseline inspection process.
Historically, the EPA approved a CH TRU waste characterization program
at LLNL in August 2004 that operated for a short time until the
implementation of the baseline inspection process in October 2004
(Docket No. A-98-49, Item A4-45). After October 2004, LLNL shipped CH
TRU waste to Idaho National Laboratory for characterization by an EPA-
approved waste characterization program as Idaho National Laboratory or
Advanced Mixed Waste Treatment Project waste streams, which were
characterized and emplaced at the WIPP.
On June 26, 2019, the DOE requested that the Agency take steps to
approve the LLNL-CCP CH TRU waste characterization program to support
direct shipment of waste from LLNL to the WIPP. The EPA conducted this
baseline inspection in August 2019, evaluating LLNL-CCP's CH TRU waste
characterization program for technical adequacy. Once approved, LLNL-
CCP will be allowed to use the program components to characterize CH
waste in accordance with the conditions and restrictions discussed in
the inspection report. The EPA is proposing to approve the LLNL-CCP
waste characterization program implemented to characterize CH TRU waste
as documented in the inspection report. Specifically, the proposed
approval includes:
(1) The Acceptable Knowledge process for characterizing LLNL CH TRU
waste.
(2) The nondestructive assay systems for measuring the
radioactivity in LLNL CH TRU waste.
(3) The Visual Examination nondestructive examination process to
identify waste material parameters (WMPs) and the physical form of LLNL
CH TRU waste.
(4) The Real-Time Radiography (RTR) nondestructive examination
process to identify WMPs and the physical form of LLNL CH TRU waste
using the RTR2 unit.
Any changes to the waste characterization activities after the date
[[Page 14482]]
of the baseline inspection must be reported to and, if applicable,
approved by the EPA according to Table 1 below. 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 in the EPA's general WIPP docket at regulations.gov
(Docket No. EPA-HQ-OAR-2001-0012). LLNL-CCP must submit T2 changes at
the end of the fiscal year quarter in which they were implemented.
The EPA's final approval decision regarding the LLNL-CCP CH waste
characterization program will be conveyed to the DOE separately by
letter following the EPA's review of public comments received in
response to this notice and proposed approval discussed in the
inspection report. This information will be provided through the EPA's
WIPP docket provided for this action at regulations.gov (Docket No.
EPA-HQ-OAR-2020-0087), in accordance with 40 CFR 194.8(b)(3). A summary
table 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 Contact-Handled Transuranic Waste Characterization
Processes Implemented by LLNL-CCP
[Based on August 5-7, 2019, baseline inspection LLNL-CCP-CH-Baseline-
2019]
------------------------------------------------------------------------
LLNL-CCP CH waste
LLNL-CCP CH waste characterization
Process elements characterization process--T2
process--T1 changes changes *
------------------------------------------------------------------------
Acceptable Knowledge (AK)...... Implementation of Submission of a
payload management. list of active
LLNL-CCP CH AK
Experts and Site
Project Managers.
Notification to
the EPA upon
availability of
or substantive
modification **
to:
AK
summary
reports (e.g.,
CCP-AK-LLNL-00
2).
AK
accuracy
reports
(annually, at
a minimum).
Waste
stream profile
forms and any
associated
change
notices.
Add
container
memoranda.
Site
AK procedures
requiring CBFO
approval.***
Enhanced AK
documents such
as CCP-TP-005,
Attachment 9,
forms and AK
Assessment,
chemical
compatibility
evaluation and
basis of
knowledge
memoranda
(including
addition of
new figures or
attachments).
Nondestructive Assay (NDA)..... New equipment or Submission of a
substantive list of LLNL-CCP
physical NDA operators,
modifications ** expert analysts
to approved and independent
equipment. technical
reviewers that
performed work
during the
previous quarter.
Extension of or Notification to
changes to the EPA upon
approved substantive
calibration ranges modification **
for approved to:
equipment. Software
Segmented gamma for approved
scanner: equipment.
Relocation of Operating
system. ranges upon CBFO
approval.
Site NDA
procedures
requiring CBFO
approval.***
Visual Examination (VE)........ VE for non-debris Submission of a
waste. list of LLNL-CCP
VE operators, VE
experts and
independent
technical
reviewers that
performed work
during the
previous quarter.
VE by any process Notification to
other than LLNL- the EPA upon
CCP. substantive
VE operators modification **
observing LLNL to site VE
waste handlers procedures
package the waste requiring CBFO
in a glovebox, as approval.***
demonstrated
during the August
2019 baseline
inspection.
Real-time Radiography (RTR).... RTR by any process New RTR equipment
other than CCP-TP- operated in
053. accordance with
procedure CCP-TP-
053.
Submission of a
list of LLNL-CCP
RTR operators and
independent
technical
reviewers that
performed work
during the
previous quarter.
Notification to
the EPA upon
substantive
modification **
to site RTR
procedures
requiring CBFO
approval.***
------------------------------------------------------------------------
New T1s, T2s and significant modifications to existing T1s or T2s are in
bold text; T1s or T2s that were only revised for style are not shown
in bold.
* LLNL-CCP will report all unmarked T2 changes to the EPA every three
months.
** ``Substantive modification'' refers to a change with the potential to
affect LLNL-CCP's CH 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 the DOE adds during a document revision.
*** Site procedures include any procedures used by LLNL-CCP personnel
that require Carlsbad Field Office (CBFO) approval. This includes LLNL-
CCP-specific procedures as well as applicable CCP-wide procedures.
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 CH TRU waste characterization program at LLNL 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 LLNL CH TRU waste characterization program. 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 CH TRU waste at LLNL.
[[Page 14483]]
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-2020-0087 (as listed in the ADDRESSES section of this
document).
Dated: March 3, 2020.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2020-05006 Filed 3-11-20; 8:45 am]
BILLING CODE 6560-50-P
