Proposed Baseline Approval of the Contact-Handled Transuranic Waste Characterization Program Implemented at the Department of Energy's Savannah River Site, 19262-19265 [2021-07485]
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Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Notices
Estimated number of respondents: 7.
Frequency of response: Semiannually.
Estimated Annual burden: 1,470
hours.
Estimated Annual cost: $95,500,
includes no annualized capital or O&M
costs.
Changes in Estimates: There is no
change in burden from the previous ICR.
Dated: April 5, 2021.
Penny Lassiter,
Director, Sector Policies and Programs
Division.
[FR Doc. 2021–07562 Filed 4–12–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–ORD–2015–0467; FRL–10022–36–
ORD]
Board of Scientific Counselors (BOSC)
Safe and Sustainable Water Resources
Subcommittee Meeting—May 2021
Environmental Protection
Agency (EPA).
ACTION: Notice of public meeting.
AGENCY:
The Environmental Protection
Agency (EPA), Office of Research and
Development (ORD), gives notice of a
series of virtual meetings of the Board
of Scientific Counselors (BOSC) Safe
and Sustainable Water Resources
(SSWR) Subcommittee to discuss water
treatment and infrastructure.
DATES: 1. The initial meeting will be
held over two days via videoconference:
a. Wednesday, May 26, 2021, from 12
p.m. to 5 p.m. (EDT); and
b. Thursday, May 27, 2021, from 12
p.m. to 5 p.m. (EDT).
Attendees must register by May 25,
2021.
2. A BOSC deliberation will be held
on June 22, 2021, from 11 a.m. to 2 p.m.
(EDT).
Attendees must register by June 21,
2021.
3. A final summary teleconference
will be held on June 29, 2021, from 11
a.m. to 2 p.m. (EDT). Attendees must
register by June 28, 2021.
Meeting times are subject to change.
This series of meetings is open to the
public. Comments must be received by
May 25, 2021, to be considered by the
subcommittee. Requests for the draft
agenda or making a presentation at the
meeting will be accepted until May 25,
2021.
ADDRESSES: Instructions on how to
connect to the videoconference will be
provided upon registration at: https://
www.eventbrite.com/e/us-epa-bosc-safeand-sustainable-water-resources-
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SUMMARY:
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Submit your comments to Docket ID
No. EPA–HQ–ORD–2015–0467 by one
of the following methods:
• www.regulations.gov: Follow the
online instructions for submitting
comments.
D Note: Comments submitted to the
www.regulations.gov website are
anonymous unless identifying
information is included in the body of
the comment.
• Email: Send comments by
electronic mail (email) to: ORD.Docket@
epa.gov, Attention Docket ID No. EPA–
HQ–ORD–2015–0467.
D Note: Comments submitted via
email are not anonymous. The sender’s
email will be included in the body of
the comment and placed in the public
docket which is made available on the
internet.
Instructions: All comments received,
including any personal information
provided, will be included in the public
docket without change and may be
made available online at
www.regulations.gov. Information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute
will not be included in the public
docket, and should not be submitted
through www.regulations.gov or email.
For additional information about the
EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/dockets/.
Public Docket: Publicly available
docket materials may be accessed
Online at www.regulations.gov.
Copyrighted materials in the docket
are only available via hard copy. The
telephone number for the ORD Docket
Center is (202) 566–1752.
FOR FURTHER INFORMATION CONTACT: The
Designated Federal Officer (DFO), Tom
Tracy, via phone/voicemail at: (202)
564–6518; or via email at: tracy.tom@
epa.gov.
Any member of the public interested
in receiving a draft agenda, attending
the meeting, or making a presentation at
the meeting should contact Tom Tracy
no later than May 25, 2021.
SUPPLEMENTARY INFORMATION: The Board
of Scientific Counselors (BOSC) is a
federal advisory committee that
provides advice and recommendations
to EPA’s Office of Research and
Development on technical and
management issues of its research
programs. The meeting agenda and
materials will be posted to https://
www.epa.gov/bosc.
Proposed agenda items for the
meeting include, but are not limited to,
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the following: Water treatment and
infrastructure.
Information on Services Available:
For information on translation services,
access, or services for individuals with
disabilities, please contact Tom Tracy at
(202) 564–6518 or tracy.tom@epa.gov.
To request accommodation of a
disability, please contact Tom Tracy at
least ten days prior to the meeting to
give the EPA adequate time to process
your request.
Authority: Pub. L. 92–463, 1, Oct. 6, 1972,
86 Stat. 770.
Mary Ross,
Director, Office of Science Advisor, Policy
and Engagement.
[FR Doc. 2021–07480 Filed 4–12–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2021–0233; 10022–32–OAR]
Proposed Baseline Approval of the
Contact-Handled Transuranic Waste
Characterization Program Implemented
at the Department of Energy’s
Savannah River Site
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)
Savannah River Site (SRS), in Aiken,
South Carolina. The inspections
supporting this proposed baseline
approval took place from November 30
through December 2, 2020, remotely and
at SRS. The EPA identified no findings
or concerns and proposes to approve the
SRS 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 SRS’ 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 May 28, 2021.
SUMMARY:
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ADDRESSES:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2021–0233, 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.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number EPA–HQ–OAR–2021–0233 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.
FOR FURTHER INFORMATION CONTACT:
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
conditions concerning quality assurance
and waste characterization relating to
EPA inspections, evaluations and
approvals of the site-specific TRU waste
characterization programs to ensure
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; email
addresses: feltcorn.ed@epa.gov or
ellis.jerry@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
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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.
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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. 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 T1 changes, the
EPA may choose to inspect the site to
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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
SRS in Aiken, South Carolina. In
accordance with 40 CFR 194.8(b), the
EPA conducted Baseline Inspection No.
SRS–CCP–CH–Baseline–2020 on
November 30 through December 2,
2020, remotely and at SRS. Upon EPA’s
final approval, DOE may emplace SRS–
CCP CH TRU waste in the WIPP.
SRS was constructed during the early
1950s to produce the basic materials
used in the fabrication of nuclear
weapons, primarily tritium and
plutonium-239, in support of the
national defense program. Its main focus
has been to develop technical solutions
to support national security and to
counter national and international
threats. Site activities support national
needs in the areas of nuclear weapons,
nonproliferation and assessments,
military technologies and applications,
energy and infrastructure assurance, and
homeland security.
The EPA had initially approved a CH
TRU waste characterization program at
SRS in July 2006. The DOE suspended
waste characterization activities at SRS
in February 2016. On October 1, 2020,
the DOE’s CBFO informed the Agency
that SRS–CCP resumed waste
characterization activities; CBFO then
notified the EPA that SRS–CCP would
be ready for an inspection in November
2020. The EPA then concluded that a
new baseline inspection and approval
would be necessary.
The EPA is proposing to approve the
SRS–CCP waste characterization
program implemented to characterize
CH TRU waste as documented in the
accompanying inspection report.
Specifically, the proposed approval
includes:
(1) The Acceptable Knowledge
process for characterizing SRS CH TRU
waste.
(2) The nondestructive assay systems
for measuring the radioactivity in SRS
CH TRU waste.
(3) The Visual Examination
nondestructive examination process to
identify waste material parameters
(WMPs) and the physical form of SRS
CH TRU waste.
(4) The Real-Time Radiography (RTR)
nondestructive examination process to
identify WMPs and the physical form of
SRS CH TRU waste using the RTR2 unit.
Any changes to the waste
characterization activities after the date
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). SRS–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 SRS–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–2021–0233), in
accordance with 40 CFR 194.8(b)(3). A
summary table of the status of all WIPPrelated EPA inspections 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 SRS–
CCP
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[November 30–December 2, 2020, SRS baseline inspection]
Process elements
SRS–CCP CH waste characterization process—T1 changes
Acceptable Knowledge ..............
Implementation of payload management ......................................
Nondestructive Assay ................
New equipment or substantive physical modifications ** to approved equipment.
Extension of or changes to approved calibration ranges for approved equipment.
Visual Examination ....................
Real-time Radiography ..............
Any use of Visual Examination for CH wastes .............................
RTR by any process other than CCP–TP–053 ............................
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SRS–CCP CH waste characterization process—T2 changes *
Submission of a list of active SRS–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–SRS–4).
• AK accuracy reports (annually, at a minimum).
• Waste stream profile forms and any associated change
notices.
• Site AK procedures requiring CBFO approval.***
Submission of a list of SRS–CCP NDA operators, expert analysts and independent technical reviewers that performed
work during the previous quarter.
Relocation of the MILCC6 from its current location at SRS.
Notification to the EPA upon substantive modification ** to:
• Software for approved equipment.
• Operating ranges upon CBFO approval.
• Site NDA procedures requiring CBFO approval.***
None.
New RTR equipment operated in accordance with procedure
CCP–TP–053.
Relocation of approved RTR8 from its current location at SRS.
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TABLE 1—TIERING OF CONTACT-HANDLED TRANSURANIC WASTE CHARACTERIZATION PROCESSES IMPLEMENTED BY SRS–
CCP—Continued
[November 30–December 2, 2020, SRS baseline inspection]
Process elements
SRS–CCP CH waste characterization process—T1 changes
SRS–CCP CH waste characterization process—T2 changes *
Submission of a list of SRS–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.***
* SRS–CCP will report all unmarked T2 changes to the EPA every three months.
** ‘‘Substantive modification’’ refers to a change with the potential to affect SRS–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 SRS–CCP personnel that require Carlsbad Field Office (CBFO) approval. This includes SRS–CCP-specific procedures as well as applicable CCP-wide procedures.
III. Availability of the Baseline
Inspection Report and Proposed
Approval for Public Comment
• Mail: Manny Cabeza (202–898–
3767), Regulatory Counsel, MB–3128,
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street NW building
(located on F Street), on business days
between 7:00 a.m. and 5:00 p.m.
All comments should refer to the
relevant OMB control number. A copy
of the comments may also be submitted
to the OMB desk officer for the FDIC:
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Washington, DC 20503.
the ADDRESSES section of this
document).
The EPA has placed the report
discussing the results of the inspection
of the CH TRU waste characterization
program at SRS 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 SRS
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 SRS.
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–2021–0233 (as listed in
Jonathan Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2021–07485 Filed 4–12–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0006; –0015; –0019; –0097]
Agency Information Collection
Activities: Proposed Collection
Renewal; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Manny Cabeza, Regulatory Counsel,
202–898–3767, mcabeza@fdic.gov, MB–
3128, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
The FDIC, as part of its
obligations under the Paperwork
Reduction Act of 1995 (PRA), invites the
general public and other Federal
agencies to take this opportunity to
comment on the renewal of the existing
information collections described below
(OMB Control No. 3064–0006; –0015;
–0019; –0097).
DATES: Comments must be submitted on
or before June 14, 2021.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• https://www.FDIC.gov/regulations/
laws/federal.
• Email: comments@fdic.gov. Include
the name and number of the collection
in the subject line of the message.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Proposal to renew the following
currently approved collections of
information:
1. Title: Interagency Biographical and
Financial Report.
OMB Number: 3064–0006.
Form Number: 6200/06.
Affected Public: Individuals or
households; business or other for profit;
Insured state nonmember banks and
state savings associations.
Burden Estimate:
SUMMARY OF ANNUAL BURDEN
Type of burden
Obligation
to respond
Reporting .................
Mandatory ................
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Information collection description
Interagency Biographical and Financial
Report.
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Estimated
number of
respondents
I
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517
Estimated
time per
response
(hours)
Estimated
frequency of
responses
On Occasion ............
I
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4.5
Estimated
annual
burden
(hours)
I
2,327
]]>Agencies
[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Notices]
[Pages 19262-19265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07485]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2021-0233; 10022-32-OAR]
Proposed Baseline Approval of the Contact-Handled Transuranic
Waste Characterization Program Implemented at the Department of
Energy's Savannah River Site
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)
Savannah River Site (SRS), in Aiken, South Carolina. The inspections
supporting this proposed baseline approval took place from November 30
through December 2, 2020, remotely and at SRS. The EPA identified no
findings or concerns and proposes to approve the SRS 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 SRS' 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 May 28, 2021.
[[Page 19263]]
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2021-0233, 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;
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-2021-
0233 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 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. 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 T1 changes, the EPA may choose to inspect the site to
[[Page 19264]]
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 SRS in Aiken, South Carolina. In accordance with 40 CFR 194.8(b),
the EPA conducted Baseline Inspection No. SRS-CCP-CH-Baseline-2020 on
November 30 through December 2, 2020, remotely and at SRS. Upon EPA's
final approval, DOE may emplace SRS-CCP CH TRU waste in the WIPP.
SRS was constructed during the early 1950s to produce the basic
materials used in the fabrication of nuclear weapons, primarily tritium
and plutonium-239, in support of the national defense program. Its main
focus has been to develop technical solutions to support national
security and to counter national and international threats. Site
activities support national needs in the areas of nuclear weapons,
nonproliferation and assessments, military technologies and
applications, energy and infrastructure assurance, and homeland
security.
The EPA had initially approved a CH TRU waste characterization
program at SRS in July 2006. The DOE suspended waste characterization
activities at SRS in February 2016. On October 1, 2020, the DOE's CBFO
informed the Agency that SRS-CCP resumed waste characterization
activities; CBFO then notified the EPA that SRS-CCP would be ready for
an inspection in November 2020. The EPA then concluded that a new
baseline inspection and approval would be necessary.
The EPA is proposing to approve the SRS-CCP waste characterization
program implemented to characterize CH TRU waste as documented in the
accompanying inspection report. Specifically, the proposed approval
includes:
(1) The Acceptable Knowledge process for characterizing SRS CH TRU
waste.
(2) The nondestructive assay systems for measuring the
radioactivity in SRS CH TRU waste.
(3) The Visual Examination nondestructive examination process to
identify waste material parameters (WMPs) and the physical form of SRS
CH TRU waste.
(4) The Real-Time Radiography (RTR) nondestructive examination
process to identify WMPs and the physical form of SRS CH TRU waste
using the RTR2 unit.
Any changes to the waste characterization activities after the date
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). SRS-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 SRS-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-2021-0233), in accordance with 40 CFR 194.8(b)(3). A summary
table of the status of all WIPP-related EPA inspections 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 SRS-CCP
[November 30-December 2, 2020, SRS baseline inspection]
------------------------------------------------------------------------
SRS-CCP CH waste
SRS-CCP CH waste characterization
Process elements characterization process--T2 changes
process--T1 changes *
------------------------------------------------------------------------
Acceptable Knowledge........ Implementation of Submission of a list
payload management. of active SRS-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-
SRS-4).
AK
accuracy reports
(annually, at a
minimum).
Waste
stream profile
forms and any
associated
change notices.
Site AK
procedures
requiring CBFO
approval.***
Nondestructive Assay........ New equipment or Submission of a list
substantive of SRS-CCP NDA
physical operators, expert
modifications ** to analysts and
approved equipment. independent
Extension of or technical reviewers
changes to approved that performed work
calibration ranges during the previous
for approved quarter.
equipment. Relocation of the
MILCC6 from its
current location at
SRS.
Notification to the
EPA upon
substantive
modification ** to:
Software
for approved
equipment.
Operating ranges
upon CBFO
approval.
Site NDA
procedures
requiring CBFO
approval.***
Visual Examination.......... Any use of Visual None.
Examination for CH
wastes.
Real-time Radiography....... RTR by any process New RTR equipment
other than CCP-TP- operated in
053. accordance with
procedure CCP-TP-
053.
Relocation of
approved RTR8 from
its current
location at SRS.
[[Page 19265]]
Submission of a list
of SRS-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.***
------------------------------------------------------------------------
* SRS-CCP will report all unmarked T2 changes to the EPA every three
months.
** ``Substantive modification'' refers to a change with the potential to
affect SRS-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 SRS-CCP personnel
that require Carlsbad Field Office (CBFO) approval. This includes SRS-
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 SRS 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 SRS 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 SRS.
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-2021-0233 (as listed in the ADDRESSES section of this
document).
Jonathan Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2021-07485 Filed 4-12-21; 8:45 am]
BILLING CODE 6560-50-P
