Department of Energy Hanford Mixed Radioactive Waste Land Disposal Restrictions Variance, 35008-35010 [2024-08937]
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35008
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
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Government and the states, or on the
distribution of power and
responsibilities among the various
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sufficiently substantial, the agency must
prepare a Federal assessment to assist
senior policymakers. This rulemaking
will not have any effects on State and
local governments within the meaning
of the E.O. Therefore, no federalism
assessment is required.
Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4; 2 U.S.C. 1532)
The Unfunded Mandates Reform Act
requires that agencies determine
whether any Federal mandate in the
rulemaking may cause State, local, and
Tribal governments, in the aggregate, or
cause the private sector to expend $100
million in any one year. NARA certifies
that this rulemaking does not contain a
Federal mandate that may result in such
an expenditure.
List of Subjects in 36 CFR Part 1225
Archives and records, Records
management, Records schedules,
Scheduling records.
For the reasons discussed in the
preamble, NARA amends 36 CFR part
1225 as follows:
1. The authority citation for part 1225
continues to read as follows:
Authority: 44 U.S.C. 2111, 2904, 2905,
3102, and Chapter 33.
2. Amend § 1225.20 to read as follows:
ddrumheller on DSK120RN23PROD with RULES1
§ 1225.20 When do agencies have to get
GAO approval for schedules?
(a) If an agency requests a deviation
from the GRS related to accountable
officer records that would authorize a
retention period shorter than the
retention period provided in the GRS,
the agency must obtain approval from
the Comptroller General.
(b) This approval must be obtained
before NARA will approve the proposed
agency records schedule.
[FR Doc. 2024–09396 Filed 4–30–24; 8:45 am]
BILLING CODE 7515–01–P
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[EPA–HQ–OLEM–2023–0372; FRL 11026–
02–OLEM]
Department of Energy Hanford Mixed
Radioactive Waste Land Disposal
Restrictions Variance
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
The United States
Environmental Protection Agency (EPA)
is granting a treatment variance,
requested by the U.S. Department of
Energy (DOE) in an August 1, 2023,
petition, from the Land Disposal
Restrictions (LDR) treatment standards
for approximately 2,000 gallons of
mixed hazardous low-activity
radioactive waste from DOE’s Test Bed
Initiative (TBI) for the Hanford Site in
Washington State. The petition
requested approval for DOE to treat the
TBI waste to the LDR technology
standard of stabilization (STABL) with
verification of meeting LDR
concentration-based and Toxicity
Characteristic Leaching Procedure-based
standards as applicable for the relevant
waste codes.
SUMMARY:
This final rule is effective on
May 1, 2024.
■
Colleen J. Shogan,
Archivist of the United States.
40 CFR Part 268
DATES:
PART 1225—SCHEDULING RECORDS
■
ENVIRONMENTAL PROTECTION
AGENCY
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OLEM–2023–0372. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Bethany Russell, Waste Characterization
Branch, Materials Recovery and Waste
Management Division, Office of
Resource Conservation and Recovery
(5304P), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: 202–566–0823; email address:
russell.bethany@epa.gov.
PO 00000
Frm 00056
Fmt 4700
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I. General Information
A. Does this action apply to me?
This action applies only to DOE’s
Hanford facility located in Richland,
Washington.
B. What action is the Agency taking?
The EPA is finalizing the variance
from the LDR treatment standards for
approximately 2,000 gallons of mixed
hazardous low-activity radioactive
waste from DOE’s TBI requested by DOE
in an August 1, 2023, petition, for the
Hanford Site in Washington State. The
EPA is finalizing the variance without
alteration and codifying the proposed
modification to Table 1 to paragraph (o)
of 40 CFR 268.44 for the TBI
demonstration petition for the reasons
stated in the preamble to the November
28, 2023, proposal and in the Agency’s
responses to the comments received on
the proposal.
C. What is the Agency’s authority for
taking this action?
Sections 3004(d) through (g) of the
Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. 6294(d)–(g),
prohibit the land disposal of hazardous
wastes unless such wastes meet the LDR
treatment standards (or treatment
standards) established by EPA (or the
Agency). Section 3004(m) of RCRA, 42
U.S.C. 6924(m), requires EPA to set
levels or methods of treatment, if any,
which substantially diminish the
toxicity of the waste or substantially
reduce the likelihood of migration of
hazardous constituents from the waste
so that short-term and long-term threats
to human health and the environment
are minimized. EPA has established
treatment standards for all hazardous
wastes.
However, when facilities generate
hazardous wastes which cannot be
treated to the specified levels, or when
it is technically inappropriate for such
wastes to undergo the prescribed
treatment, they can apply for a variance
from a treatment standard.1 The
requirements for a treatment variance
are found at 40 CFR 268.44. An
applicant for a treatment variance may
demonstrate that it is inappropriate to
require a waste to be treated to the level
or by the method specified as the
treatment standard, even though such
treatment is technically possible. This is
the criterion pertinent to this action.2
1 See 51 FR 40605–40606 (November 7, 1986); see
also 62 FR 64504 (December 5, 1997).
2 According to 40 CFR 268.44(a)(2), a petitioner
may obtain a variance from an applicable treatment
standard if it is inappropriate to require the waste
to be treated to the level specified in the treatment
standard or by the method specified as the
E:\FR\FM\01MYR1.SGM
01MYR1
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
The petitioner must also demonstrate
that compliance with any given
treatment variance is sufficient to
minimize threats to human health and
the environment posed by land disposal
of the waste.
II. Background
A. The Petition
On August 2, 2023, the EPA received
a petition from the DOE requesting a
variance from a treatment standard of
the LDR of 40 CFR 268.40 for disposal
of approximately 2,000 gallons of
hazardous wastes generated from DOE’s
TBI.
On November 28, 2023, the EPA
solicited public comments on a draft
approval of the petition (88 FR 83065).
The public comment period ended
December 28, 2023. The EPA received
thirteen (13) comments on the proposed
rulemaking. The full text of the
comments is in the Docket (EPA–HQ–
OLEM–2023–0372). The EPA
appreciates all the comments and has
provided a brief summary, below, of
common themes found in the comments
and the EPA’s responses. The EPA has
provided comprehensive responses to
all the comments in a document titled
‘‘Responses to Comments on November
28, 2023, Proposed RCRA Land Disposal
Restrictions Treatment Variance for
Hanford Test Bed Initiative Wastes,’’
which is in the Docket. The agency
carefully considered all the points
raised and has concluded that the
comments do not provide reason for the
EPA to deny the petition or to modify
the approval as it was proposed.
B. Brief Summary of Common Themes
in Comments Received and the EPA’s
Responses
Most commenters agreed that the EPA
should approve a treatment variance for
the TBI waste. Several commenters
opined that the EPA should approve a
ddrumheller on DSK120RN23PROD with RULES1
treatment standard, even though such treatment is
technically possible. To show that this is the case,
as applicable here, the petitioner must demonstrate
that treatment to the specified level or by the
specified method is technically inappropriate (for
example, resulting in combustion of large amounts
of mildly contaminated environmental media).
VerDate Sep<11>2014
15:34 Apr 30, 2024
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broader variance applicable to a larger
quantity of waste. Some commenters
took issue with proposed approval for
DOE to stabilize and dispose of the
waste at only the two off-site facilities
requested by DOE. Several commenters
specifically took issue with the
proposed approval for DOE to transport
pretreated TBI waste in liquid form for
treatment at the two facilities—located
in Texas and Utah—expressing concern
about the risks of transporting liquid
waste over long distances and
requesting that the EPA require that the
treatment be conducted at or near the
Hanford site.
One commenter questioned the
desirability and efficacy of grouting for
Hanford tank waste.
The comments, EPA’s fuller
summaries, and the EPA’s full responses
are included in the docket for this rule.
The EPA very briefly summarizes some
overarching points from its responses
below.
This rule approves the petition that
DOE submitted because the EPA has
determined that the variance meets the
two applicable criteria in 40 CFR
268.44(a): vitrification of the 2000
gallons of TBI waste would be
technically inappropriate in view of the
conditions specified in the variance,
and the treatment authorized by the
variance will minimize threats to
human health and the environment
posed by land disposal of the waste.
Although several commenters argued
that other approaches to treating and
disposing of the waste would be
preferable, the EPA’s approval is not
based on the overall desirability of the
requested approach as compared to
other possible approaches that DOE did
not request. Rather, the EPA’s approval
is based on and limited to its assessment
of the petition that DOE submitted.
In this regard, it is important to
recognize the EPA’s limited role in the
TBI. The EPA supports the TBI as a
vehicle to evaluate the regulatory
pathways for stabilization of some
portion of Hanford tank waste and
supports making progress on the
Hanford tank waste mission. Moreover,
the EPA believes the TBI aligns with the
PO 00000
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Fmt 4700
Sfmt 4700
35009
overall recommendations in a number of
federally funded research and
development center reports
commissioned by Congress, National
Academies of Sciences reports, and
reports by the General Accountability
Office. However, the EPA did not design
the TBI. Within the Federal
Government, DOE is primarily
responsible for determining treatment
and disposal approaches for Hanford
waste within the appropriate regulatory
frameworks. The variance does not
compel the TBI; it simply provides for
TBI-specific LDR standards that will
apply to the subject waste.
Finally, the EPA emphasizes that the
variance is limited to the specific 2000
gallons of TBI waste that DOE requested
receive an LDR variance, and that the
EPA evaluated. The EPA expresses no
view as to the appropriateness of any
variances DOE may request in the future
for any other Hanford waste.
List of Subjects in 40 CFR Part 268
Environmental protection, Hazardous
waste, Mixed waste and variances.
Barry N. Breen,
Principal Deputy Assistant Administrator,
Office of Land and Emergency Management.
For the reasons set out in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
PART 268—LAND DISPOSAL
RESTRICTIONS
1. The authority citation for part 268
continues to read as follows:
■
Authority: 42 U.S.C. 6905, 6912(a), 6921,
and 6924.
2. In § 268.44, the table in paragraph
(o) is amended by adding in
alphabetical order an entry for ‘‘United
States Department of Energy (Energy),
Richland, WA,’’ and adding four
footnotes ‘‘17’’, ‘‘18’’, ‘‘19’’, and ‘‘20’’ in
numerical order to read as follows:
■
§ 268.44 Variance from a treatment
standard.
*
*
*
(o) * * *
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*
*
35010
Federal Register / Vol. 89, No. 85 / Wednesday, May 1, 2024 / Rules and Regulations
TABLE—WASTES EXCLUDED FROM THE TREATMENT STANDARDS UNDER § 268.40
Wastewaters
Facility name 1 and
address
Waste code
*
United States Department of Energy (Energy),
Richland, WA 17.
*
F001–F005,
D001–D011,
D018, D019,
D022, D028–
D030, D033–
D036, D038–
D041, and
D043 18.
*
See
also
Regulated hazardous constituent
*
NA .......
*
Concentration
(mg/L)
*
*
For waste codes F001–F005, the
NA ................
constituents are limited to those associated with spent solvent activities at the Facility documented
through process knowledge.
For constituents, as applicable, associated with D waste codes under
the ‘‘Waste Code’’ column, see 40
CFR 268.40.
*
*
Nonwastewaters
Notes
Concentration
(mg/kg)
*
NA .......
STABL 19 20 ..
*
*
Notes
*
NA.
*
1A
facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7.
*
*
*
*
*
*
*
17 The STABL treatment standard applies to the separated and pretreated tank waste under the 2,000-gallon TBI Demonstration.
18 The waste codes included in this column are those identified on the current version of the Dangerous Waste Permit Application Part A form
for the Hanford Double Shell Tank System, Rev. 04 (December 14, 2009), except for F039 which has not been accepted into the Double Shell
Tanks.
19 Sampling after treatment will be conducted at the treatment facility for the purpose of assessing the extent of treatment performance against
the NWW numerical standards at 40 CFR 268.40 and, as applicable, at 40 CFR 268.48. Waste treated using STABL may not be land disposed
until LDR constituents are below the non-wastewater numerical standards at 40 CFR 268.40 and 268.48.
20 Treatment using the STABL treatment method shall be performed, and the treated waste shall be disposed of, at EnergySolutions in Clive,
Utah, and/or Waste Control Specialists in Andrews County, Texas.
*
*
*
*
long-term plan is developed. Extending
the experimental season requires no
revision of the regulations pertaining to
subsistence harvest of migratory birds in
Alaska; we are issuing this document
solely for the purpose of public
information.
*
[FR Doc. 2024–08937 Filed 4–30–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
We make this announcement
May 1, 2024. The rule that published
April 19, 2021, at 86 FR 20311 setting
forth the regulations pertaining to the
experimental hunt was effective April
19, 2021.
DATES:
50 CFR Part 92
[Docket No. FWS–R7–MB–2020–0134;
FXMB12610700000–201–FF07M01000]
RIN 1018–BF08
Migratory Bird Subsistence Harvest in
Alaska
Fish and Wildlife Service,
Interior.
ACTION: Announcement.
AGENCY:
The U.S. Fish and Wildlife
Service (Service or we) announces that
we are extending the Kodiak Island
Roaded Area experimental season for
subsistence migratory bird hunting and
egg gathering by registration permit for
1 year (through the spring–summer
subsistence harvest season [hereafter,
‘‘season’’] in 2024). As set forth in a
2021 final rule, this experimental season
began in the 2021 season and was set to
terminate at the end of the 2023 season.
However, we are extending the
experimental season to provide
subsistence harvest opportunity for an
additional year while an evaluation of
harvest data from the first 3 years of the
experimental season is completed and a
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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You may find
supplementary materials for the 2021
rulemaking action as well as the
comments received at the Federal
eRulemaking Portal: https://
www.regulations.gov in Docket No.
FWS–R7–MB–2020–0134.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Wendy Loya, U.S. Fish and Wildlife
Service, 1011 E Tudor Road, Mail Stop
201, Anchorage, AK 99503; (907) 227–
2942. Individuals in the United States
who are deaf, deafblind, hard of hearing,
or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point of
contact in the United States.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00058
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Background
Under the Migratory Bird Treaty Act
(16 U.S.C. 703 et seq.), the Secretary of
the Interior regulates the harvest of
certain species of migratory birds,
including establishing regulations for
fall–winter harvest and for take by the
indigenous inhabitants of the State of
Alaska for their essential needs. The
subsistence take of migratory birds in
Alaska occurs during the spring and
summer, when the harvest of migratory
birds is not allowed elsewhere in the
United States. Regulations governing the
subsistence take of migratory birds in
Alaska are in title 50 of the Code of
Federal Regulations (CFR) in part 92.
The regulations in 50 CFR 92.31 specify
when and where the harvesting of birds
for subsistence purposes may occur in
12 different regions of Alaska.
The migratory bird subsistence
harvest regulations are developed
cooperatively by the Alaska Migratory
Bird Co-Management Council (hereafter,
‘‘the Council’’), which consists of the
Service, the Alaska Department of Fish
and Game, and Alaska Native
representatives. The Council’s primary
purpose is to develop recommendations
pertaining to the subsistence harvest of
migratory birds.
Regulations for the Kodiak Archipelago
Region
On February 26, 2021, we published
a proposed rule (86 FR 11707), and on
April 19, 2021, we published the
subsequent final rule (86 FR 20311), to
E:\FR\FM\01MYR1.SGM
01MYR1
Agencies
[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Rules and Regulations]
[Pages 35008-35010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08937]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 268
[EPA-HQ-OLEM-2023-0372; FRL 11026-02-OLEM]
Department of Energy Hanford Mixed Radioactive Waste Land
Disposal Restrictions Variance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency (EPA) is
granting a treatment variance, requested by the U.S. Department of
Energy (DOE) in an August 1, 2023, petition, from the Land Disposal
Restrictions (LDR) treatment standards for approximately 2,000 gallons
of mixed hazardous low-activity radioactive waste from DOE's Test Bed
Initiative (TBI) for the Hanford Site in Washington State. The petition
requested approval for DOE to treat the TBI waste to the LDR technology
standard of stabilization (STABL) with verification of meeting LDR
concentration-based and Toxicity Characteristic Leaching Procedure-
based standards as applicable for the relevant waste codes.
DATES: This final rule is effective on May 1, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OLEM-2023-0372. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Bethany Russell, Waste
Characterization Branch, Materials Recovery and Waste Management
Division, Office of Resource Conservation and Recovery (5304P),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-566-0823; email address:
[email protected].
I. General Information
A. Does this action apply to me?
This action applies only to DOE's Hanford facility located in
Richland, Washington.
B. What action is the Agency taking?
The EPA is finalizing the variance from the LDR treatment standards
for approximately 2,000 gallons of mixed hazardous low-activity
radioactive waste from DOE's TBI requested by DOE in an August 1, 2023,
petition, for the Hanford Site in Washington State. The EPA is
finalizing the variance without alteration and codifying the proposed
modification to Table 1 to paragraph (o) of 40 CFR 268.44 for the TBI
demonstration petition for the reasons stated in the preamble to the
November 28, 2023, proposal and in the Agency's responses to the
comments received on the proposal.
C. What is the Agency's authority for taking this action?
Sections 3004(d) through (g) of the Resource Conservation and
Recovery Act (RCRA), 42 U.S.C. 6294(d)-(g), prohibit the land disposal
of hazardous wastes unless such wastes meet the LDR treatment standards
(or treatment standards) established by EPA (or the Agency). Section
3004(m) of RCRA, 42 U.S.C. 6924(m), requires EPA to set levels or
methods of treatment, if any, which substantially diminish the toxicity
of the waste or substantially reduce the likelihood of migration of
hazardous constituents from the waste so that short-term and long-term
threats to human health and the environment are minimized. EPA has
established treatment standards for all hazardous wastes.
However, when facilities generate hazardous wastes which cannot be
treated to the specified levels, or when it is technically
inappropriate for such wastes to undergo the prescribed treatment, they
can apply for a variance from a treatment standard.\1\ The requirements
for a treatment variance are found at 40 CFR 268.44. An applicant for a
treatment variance may demonstrate that it is inappropriate to require
a waste to be treated to the level or by the method specified as the
treatment standard, even though such treatment is technically possible.
This is the criterion pertinent to this action.\2\
[[Page 35009]]
The petitioner must also demonstrate that compliance with any given
treatment variance is sufficient to minimize threats to human health
and the environment posed by land disposal of the waste.
---------------------------------------------------------------------------
\1\ See 51 FR 40605-40606 (November 7, 1986); see also 62 FR
64504 (December 5, 1997).
\2\ According to 40 CFR 268.44(a)(2), a petitioner may obtain a
variance from an applicable treatment standard if it is
inappropriate to require the waste to be treated to the level
specified in the treatment standard or by the method specified as
the treatment standard, even though such treatment is technically
possible. To show that this is the case, as applicable here, the
petitioner must demonstrate that treatment to the specified level or
by the specified method is technically inappropriate (for example,
resulting in combustion of large amounts of mildly contaminated
environmental media).
---------------------------------------------------------------------------
II. Background
A. The Petition
On August 2, 2023, the EPA received a petition from the DOE
requesting a variance from a treatment standard of the LDR of 40 CFR
268.40 for disposal of approximately 2,000 gallons of hazardous wastes
generated from DOE's TBI.
On November 28, 2023, the EPA solicited public comments on a draft
approval of the petition (88 FR 83065). The public comment period ended
December 28, 2023. The EPA received thirteen (13) comments on the
proposed rulemaking. The full text of the comments is in the Docket
(EPA-HQ-OLEM-2023-0372). The EPA appreciates all the comments and has
provided a brief summary, below, of common themes found in the comments
and the EPA's responses. The EPA has provided comprehensive responses
to all the comments in a document titled ``Responses to Comments on
November 28, 2023, Proposed RCRA Land Disposal Restrictions Treatment
Variance for Hanford Test Bed Initiative Wastes,'' which is in the
Docket. The agency carefully considered all the points raised and has
concluded that the comments do not provide reason for the EPA to deny
the petition or to modify the approval as it was proposed.
B. Brief Summary of Common Themes in Comments Received and the EPA's
Responses
Most commenters agreed that the EPA should approve a treatment
variance for the TBI waste. Several commenters opined that the EPA
should approve a broader variance applicable to a larger quantity of
waste. Some commenters took issue with proposed approval for DOE to
stabilize and dispose of the waste at only the two off-site facilities
requested by DOE. Several commenters specifically took issue with the
proposed approval for DOE to transport pretreated TBI waste in liquid
form for treatment at the two facilities--located in Texas and Utah--
expressing concern about the risks of transporting liquid waste over
long distances and requesting that the EPA require that the treatment
be conducted at or near the Hanford site.
One commenter questioned the desirability and efficacy of grouting
for Hanford tank waste.
The comments, EPA's fuller summaries, and the EPA's full responses
are included in the docket for this rule. The EPA very briefly
summarizes some overarching points from its responses below.
This rule approves the petition that DOE submitted because the EPA
has determined that the variance meets the two applicable criteria in
40 CFR 268.44(a): vitrification of the 2000 gallons of TBI waste would
be technically inappropriate in view of the conditions specified in the
variance, and the treatment authorized by the variance will minimize
threats to human health and the environment posed by land disposal of
the waste. Although several commenters argued that other approaches to
treating and disposing of the waste would be preferable, the EPA's
approval is not based on the overall desirability of the requested
approach as compared to other possible approaches that DOE did not
request. Rather, the EPA's approval is based on and limited to its
assessment of the petition that DOE submitted.
In this regard, it is important to recognize the EPA's limited role
in the TBI. The EPA supports the TBI as a vehicle to evaluate the
regulatory pathways for stabilization of some portion of Hanford tank
waste and supports making progress on the Hanford tank waste mission.
Moreover, the EPA believes the TBI aligns with the overall
recommendations in a number of federally funded research and
development center reports commissioned by Congress, National Academies
of Sciences reports, and reports by the General Accountability Office.
However, the EPA did not design the TBI. Within the Federal Government,
DOE is primarily responsible for determining treatment and disposal
approaches for Hanford waste within the appropriate regulatory
frameworks. The variance does not compel the TBI; it simply provides
for TBI-specific LDR standards that will apply to the subject waste.
Finally, the EPA emphasizes that the variance is limited to the
specific 2000 gallons of TBI waste that DOE requested receive an LDR
variance, and that the EPA evaluated. The EPA expresses no view as to
the appropriateness of any variances DOE may request in the future for
any other Hanford waste.
List of Subjects in 40 CFR Part 268
Environmental protection, Hazardous waste, Mixed waste and
variances.
Barry N. Breen,
Principal Deputy Assistant Administrator, Office of Land and Emergency
Management.
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 268--LAND DISPOSAL RESTRICTIONS
0
1. The authority citation for part 268 continues to read as follows:
Authority: 42 U.S.C. 6905, 6912(a), 6921, and 6924.
0
2. In Sec. 268.44, the table in paragraph (o) is amended by adding in
alphabetical order an entry for ``United States Department of Energy
(Energy), Richland, WA,'' and adding four footnotes ``17'', ``18'',
``19'', and ``20'' in numerical order to read as follows:
Sec. 268.44 Variance from a treatment standard.
* * * * *
(o) * * *
[[Page 35010]]
Table--Wastes Excluded From the Treatment Standards Under Sec. 268.40
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wastewaters Nonwastewaters
Regulated hazardous ----------------------------------------------------------------
Facility name \1\ and address Waste code See also constituent Concentration (mg/ Concentration (mg/
L) Notes kg) Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
United States Department of F001-F005, D001- NA.......... For waste codes F001- NA................ NA......... STABL 19 20...... NA.
Energy (Energy), Richland, WA D011, D018, F005, the
\17\. D019, D022, D028- constituents are
D030, D033-D036, limited to those
D038-D041, and associated with spent
D043 \18\. solvent activities at
the Facility
documented through
process knowledge.
For constituents, as
applicable,
associated with D
waste codes under the
``Waste Code''
column, see 40 CFR
268.40..
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\1\ A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7.
* * * * * * *
\17\ The STABL treatment standard applies to the separated and pretreated tank waste under the 2,000-gallon TBI Demonstration.
\18\ The waste codes included in this column are those identified on the current version of the Dangerous Waste Permit Application Part A form for the
Hanford Double Shell Tank System, Rev. 04 (December 14, 2009), except for F039 which has not been accepted into the Double Shell Tanks.
\19\ Sampling after treatment will be conducted at the treatment facility for the purpose of assessing the extent of treatment performance against the
NWW numerical standards at 40 CFR 268.40 and, as applicable, at 40 CFR 268.48. Waste treated using STABL may not be land disposed until LDR
constituents are below the non-wastewater numerical standards at 40 CFR 268.40 and 268.48.
\20\ Treatment using the STABL treatment method shall be performed, and the treated waste shall be disposed of, at EnergySolutions in Clive, Utah, and/
or Waste Control Specialists in Andrews County, Texas.
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[FR Doc. 2024-08937 Filed 4-30-24; 8:45 am]
BILLING CODE 6560-50-P