
[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Notices]               
[Page 72043-72047]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no08-71]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0820; FRL-8746-4]

 
Proposed Approval of the Central Characterization Project's 
Remote-Handled Transuranic Waste Characterization Program at Oak Ridge 
National Laboratory

AGENCY: Environment Protection Agency.

ACTION: Notice of availability; opening of public comment period.

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SUMMARY: The Environmental Protection Agency (EPA or we) is announcing 
the availability of, and soliciting public comments for 45 days on, the 
proposed approval of the radioactive, remote-handled (RH), transuranic 
(TRU) waste characterization program implemented by the Central 
Characterization Project (CCP) at Oak Ridge National Laboratory (ORNL) 
in Oak Ridge, Tennessee. This waste is intended for disposal at the 
Waste Isolation Pilot Plant (WIPP) in New Mexico.
    In accordance with the WIPP Compliance Criteria, EPA evaluated the 
characterization of RH TRU debris waste from ORNL-CCP during an 
inspection conducted on June 30--July 2, 2008. Using the systems and 
processes developed as part of the U.S. Department of Energy's (DOE's) 
Carlsbad Field Office (CBFO) program, EPA verified whether DOE could 
adequately characterize RH TRU waste consistent with the Compliance 
Criteria. The results of EPA's evaluation of ORNL-CCP's RH program and 
its proposed approval are described in the Agency's inspection report, 
which is available for review in the public dockets listed in 
ADDRESSES. We will consider public comments received on or before the 
due date mentioned in DATES.
    This notice summarizes the waste characterization processes 
evaluated by EPA and EPA's proposed approval. As required by the 40 CFR 
194.8, at the end of a 45-day comment period EPA will evaluate public 
comments received, and if appropriate, finalize the reports responding 
to the relevant public comments, and issue a final report and approval 
letter to DOE.

DATES: Comments must be received on or before January 12, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0820, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: to a-and-r-docket@epa.gov
     Fax: 202-566-1741
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    Instructions: Direct your comments to Attn: Docket ID No. EPA-HQ-
OAR-2008-0820. The Agency's policy is that all comments received will 
be included in the public docket without change and may be made 
available online at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
www.regulations.gov or e-mail. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at www.regulations.gov. As provided in EPA's regulations at 40 CFR part 
2, and in accordance with normal EPA docket procedures, if copies of 
any docket materials are requested, a reasonable fee may be charged for 
photocopying.

FOR FURTHER INFORMATION CONTACT: Rajani Joglekar or Ed Feltcorn, 
Radiation

[[Page 72044]]

Protection Division, Center for Waste Management and Regulation, Mail 
Code 6608J, U.S. Environmental Protection Agency, 1200 Pennsylvania 
Avenue, Washington, DC, 20460; telephone number: 202-343-9601; fax 
number: 202-343-2305; e-mail address: joglekar.rajani@epa.gov or 
feltcorn.ed@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    DOE is developing the WIPP, near Carlsbad in southeastern New 
Mexico, as a deep geologic repository for disposal of TRU radioactive 
waste. As defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub. 
L. 102-579), as amended (Pub. L. 104-201), TRU waste consists of 
materials that have atomic numbers greater than 92 (with half-lives 
greater than twenty years), in concentrations greater than 100 
nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of 
the existing TRU waste consists of items contaminated during the 
production of nuclear weapons, such as rags, equipment, tools, and 
sludges.
    TRU waste is itself divided into two categories, based on its level 
of radioactivity. Contact-handled (CH) TRU waste accounts for about 97 
percent of the volume of TRU waste currently destined for the WIPP. It 
is packaged in 55-gallon metal drums or in metal boxes and can be 
handled under controlled conditions without any shielding beyond the 
container itself. The maximum radiation dose at the surface of a CH TRU 
waste container is 200 millirems per hour. CH waste primarily emits 
alpha particles that are easily shielded by a sheet of paper or the 
outer layer of a person's skin.
    Remote-handled (RH) TRU waste emits more radiation than CH TRU 
waste and must therefore be both handled and transported in shielded 
casks. Surface radiation levels of unshielded containers of remote-
handled transuranic waste exceed 200 millirems per hour. RH waste 
primarily emits gamma radiation, which is very penetrating and requires 
concrete, lead, or steel to block it.
    On May 13, 1998, EPA issued a final certification of compliance for 
the WIPP facility. The final rule was published in the Federal Register 
on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March 
29, 2006 (71 FR 18015). Both the certification and recertification 
determined that WIPP complies with the Agency's radioactive waste 
disposal regulations at 40 CFR part 191, subparts B and C, and is 
therefore safe to contain TRU waste.
    The final WIPP certification decision includes conditions that (1) 
prohibit shipment of TRU waste for disposal at WIPP from any site other 
than the Los Alamos National Laboratories (LANL) until the EPA 
determines that the site has established and executed a quality 
assurance program, in accordance with Sec. Sec.  194.22(a)(2)(i), 
194.24(c)(3), and 194.24(c)(5) for waste characterization activities 
and assumptions (Condition 2 of Appendix A to 40 CFR part 194); and (2) 
(with the exception of specific, limited waste streams and equipment at 
LANL) prohibit shipment of TRU waste for disposal at WIPP (from LANL or 
any other site) until EPA has approved the procedures developed to 
comply with the waste characterization requirements of Sec.  
194.22(c)(4) (Condition 3 of Appendix A to 40 CFR part 194). The EPA's 
approval process for waste generator sites is described in Sec.  194.8 
(revised July 2004).
    Condition 3 of the WIPP Certification Decision requires EPA to 
conduct independent inspections at DOE's waste generator/storage sites 
of their TRU waste characterization capabilities before approving their 
program and the waste for disposal at the WIPP. EPA's inspection and 
approval process gives EPA (a) discretion in establishing technical 
priorities, (b) the ability to accommodate variation in the site's 
waste characterization capabilities, and (c) flexibility in scheduling 
site waste characterization inspections.
    As described in Section 194.8(b), EPA's baseline inspections 
evaluate each waste characterization process component (equipment, 
procedures, and personnel training/experience) for its adequacy and 
appropriateness in characterizing TRU waste destined for disposal at 
WIPP. During an inspection, the site demonstrates its capabilities to 
characterize TRU waste(s) and its ability to comply with the regulatory 
limits and tracking requirements under (194.24. A baseline inspection 
may describe any limitations on approved waste streams or waste 
characterization processes [Sec.  194.8(b)(2)(iii)]. In addition, a 
baseline inspection approval must specify what subsequent waste 
characterization program changes or expansion should be reported to EPA 
[Sec.  194.8(b)(4)]. The Agency is required to assign Tier 1 (T1) and 
Tier 2 (T2) designations to the reportable changes depending on their 
potential impact on data quality. A T1 designation requires that the 
site must notify EPA of proposed changes to the approved components of 
an individual waste characterization process (such as radioassay 
equipment or personnel), and EPA must also approve the change before it 
can be implemented. A waste characterization element with a T2 
designation allows the site to implement changes to the approved 
components of individual waste characterization processes (such as 
visual examination procedures) but requires EPA notification. The 
Agency may choose to inspect the site to evaluate technical adequacy 
before approval. EPA inspections conducted to evaluate T1 or T2 changes 
are follow-up inspections under the authority of Sec.  194.24(h). In 
addition to the follow-up inspections, if warranted, EPA may opt to 
conduct

[[Page 72045]]

continued compliance inspections at TRU waste sites with a baseline 
approval under the authority of Sec.  194.24(h).
    The site inspection and approval process outlined in Sec.  194.8 
requires EPA to issue a Federal Register notice proposing the baseline 
compliance decision, docket the inspection report for public review, 
and seek public comment on the proposed decision for a period of 45 
days. The report must describe the waste characterization processes EPA 
inspected at the site, as well as their compliance with Sec.  194.24 
requirements.

III. Proposed Baseline Compliance Decision

    EPA has performed a baseline inspection of RH TRU waste 
characterization activities at ORNL-CCP (EPA Inspection No. EPA-ORNL-
CCP-RH-4.08-8). The purpose of EPA's inspection was to verify that the 
waste characterization program implemented at ORNL-CCP for 
characterizing RH TRU, retrievably-stored, debris waste is technically 
adequate and meets the regulatory requirements at 40 CFR 194.24.
    The RH waste that DOE is proposing for WIPP disposal is generated 
from operation of the Radiochemical Engineering Development Center 
(REDC) hot cell laboratory at ORNL. The REDC was used primarily to 
recover and purify curium for fabrication into targets. The same 
facility and apparatus were used to separate, purify and store 
transcurium \1\ radionuclides produced by irradiation of curium targets 
in the ORNL High Flux Isotope Reactor (HFIR) from 1991 until February 
2007 for a variety of commercial and federal applications. The REDC 
also processed Mark-42 target assemblies to recover plutonium, 
americium and curium isotopes that were shipped to the Los Alamos 
National Laboratory (LANL). A target is a material that was placed 
within the HFIR primarily for defense programs (see attached inspection 
report for more information on this topic).
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    \1\ Transcurium isotopes are elements with atomic numbers (No.) 
greater than that of Curium (Cm), 96, i.e., berkelium (Bk), atomic 
No. 97; californium (Cf), atomic No. 98; einsteinium (Es), atomic 
No. 99; fermium (Fm), atomic No. 100; and mendelevium (Md), atomic 
No. 101. By definition, these are potentially TRU, depending on 
their radioactive emission (alpha, beta, or gamma) and half-life, 
even though they may contain small or immeasurable concentrations of 
plutonium and/or americium isotopes normally associated with TRU 
wastes.
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    ORNL-CCP stores RH waste from the REDC in concrete casks, boxes, 
and drums at ORNL. These wastes are transferred to the TRU Waste 
Processing Center (TWPC) hot cells for repackaging into 55-gallon (208-
liter) drums for characterization. ORNL-CCP was expecting EPA to 
evaluate for approval RH debris waste from three time periods (April 
1972-November 1978, December 1978-October 1991, and November 1991-
February 2007). Early in the inspection, EPA inspectors concluded that 
ORNL--CCP had done limited characterization work for the first two time 
periods and the available information for the earlier periods was not 
complete. As a result, EPA inspectors informed the Carlsbad Area Field 
Office (CBFO) and ORNL-CCP that the scope of the inspection would only 
cover debris waste generated from November 1991-February 2007. Today's 
proposed baseline approval, therefore, is limited to retrievably-stored 
RH TRU debris wastes that were generated during this specific time 
frame.
    ORNL initially stored these wastes in 32 concrete casks. ORNL-CCP 
presented preliminary information regarding RH TRU debris wastes that 
had been generated in two other time periods; the Pre-Solvent 
Extraction Test Facility (SETF) period from April 1972-November 1978 
and the SETF period from December 1978-October 1991. At the time of 
this inspection, characterization of the Pre-SETF and SETF wastes had 
not begun and there was insufficient objective evidence to support 
their approval. ORNL-CCP has stated that they will present these wastes 
for EPA approval in the future and EPA will evaluate each of these as 
Tier 1 (T1) changes in accordance with the tiering described in the 
accompanying inspection report.
    The EPA inspection team identified four concerns related to waste 
characterization processes ORNL-CCP had implemented to characterize 
retrievably-stored RH debris waste (see Attachment B of the 
accompanying inspection report). ORNL-CCP revised specific documents to 
address the concerns and submitted them for EPA review following the 
initial onsite inspection. The EPA inspection team completed their 
review of the revised documents and determined that the revised 
documents adequately addressed all aspects of the four EPA concerns.
    EPA has determined that the ORNL-CCP RH waste characterization 
program was technically adequate and that all concerns have been 
resolved. Therefore, EPA is proposing to approve the ORNL-CCP RH waste 
characterization program for ORNL RH Waste Stream OR-REDC-RH-HET that 
was evaluated during this baseline inspection, as described and 
documented in the accompanying inspection report. The proposed approval 
includes the following:
    (1) The AK process for the RH retrievably-stored TRU debris waste 
stream designated as Waste Stream OR-REDC-RH-HET that was generated 
from REDC activities conducted between November 1991 and February 2007 
that is currently stored at ORNL and will be repackaged into 55-gallon 
drums.
    (2) The radiological characterization process using DTC and scaling 
factors for assigning radionuclide values to Waste Stream OR-REDC-RH-
HET that is documented in CCP-AK-ORNL-501, Revisions 0 and 1, and 
detailed in this report.
    (3) The VE process to identify waste material parameters and the 
physical form of the waste.
    (4) The WWIS to submit data for both characterization and 
certification for RH TRU waste.
    (5) The attainment of pertinent data quality objectives (DQOs).
    ORNL-CCP must report and receive EPA approval of any Tier 1 (T1) 
changes to the ORNL-CCP waste characterization activities from the date 
of the baseline inspection, and ORNL-CCP must notify EPA regarding Tier 
2 (T2) changes according to Table 1, below. Table 1 in this report 
closely follows the format used in recent CH and RH baseline approval 
reports.

[[Page 72046]]



 Table 1--Tiering of RH TRU Waste Characterization Processes Implemented
     by ORNL-CCP, Based on June 30-July 2, 2008 Baseline Inspection
------------------------------------------------------------------------
                                                         ORNL--CCP RH WC
    RH WC Process elements          ORNL-CCP RH WC         Process--T2
                                  Process--T1 Changes      Changes \a\
------------------------------------------------------------------------
Acceptable Knowledge (AK).....  Addition of any new     Notification to
                                 waste streams not       EPA when
                                 approved under this     updates are
                                 baseline (AK-1).        made to the
                                                         documents
                                                         included in AK-
                                                         1, AK-2, AK-3,
                                                         AK-4, AK-6, AK-
                                                         9, AK-13, AK-14
                                                         and AK-15,
                                                         outside of the
                                                         specific T1
                                                         changes listed
                                                         in the previous
                                                         column.
                                Modification of the     Notification to
                                 approved population     EPA of
                                 of the OR-REDC-RH-HET   availability of
                                 wastes to include any   and/or
                                 containers not          revisions to
                                 included in the CCP-    Add Container
                                 AK-ORNL-501, Revision   Memoranda (AK-
                                 1 analysis (AK-1).      3).
                                Modification(s)         Notification to
                                 resulting from          EPA of
                                 incorporation of new    availability of
                                 information specific    documentation
                                 to the approved RH      of RH sample
                                 debris waste (OR-REDC-  reclassified as
                                 RH-HET) population to   CH and subject
                                 the following           to confirmatory
                                 documents: CSSF (AK-1   analyses via
                                 and AK-2); CCP-AK-      NDA (AK-9).
                                 ORNL-501 (AK-1); CCP-
                                 AK-ORNL-500 (AK-2 and
                                 AK-9); AKSR (AK-6);
                                 CTP (AK-9); AK
                                 Accuracy Reports (AK-
                                 1 and AK-15); and the
                                 WSPF (AK-14).
                                Implementation of load  Notification to
                                 management (AK-16).     EPA of
                                                         availability of
                                                         DRF(s) or data
                                                         limitation
                                                         information
                                                         pertaining to
                                                         CCP's
                                                         assessment of
                                                         ORNL's original
                                                         radiological
                                                         characterizatio
                                                         n of wastes
                                                         generated post-
                                                         1999 (AK-13).
Radiological Characterization,  Application of new      Revisions of CCP-
 Dose-to-Curie (DTC) and the     scaling factors for     AK-ORNL-501 or
 application of radionuclide-    isotopic                CCP-TP-504 that
 specific scaling factors.       determination other     require CBFO
                                 than those documented   approval (RC-
                                 in CCP-AK-ORNL-501      3), (RC-4), (RC-
                                 (RC-3).                 8).
                                Use of any alternate    Results from the
                                 radiological            any RH TRU
                                 characterization        container(s)
                                 procedure other than    that qualify as
                                 DTC, with established   CH and are
                                 scaling factors as      subject to NDA
                                 documented in CCP-TP-   (RC-8).
                                 504, Revision 6, or
                                 substantive
                                 modification of the
                                 DTC procedure \b\ (RC-
                                 4).
                                Any new waste stream    ................
                                 not approved under
                                 this baseline or
                                 addition of
                                 containers to Waste
                                 Stream OR-REDC-RH-HET
                                 that requires
                                 changing the
                                 documented
                                 radionuclide scaling
                                 factors in CCP-AK-
                                 ORNL-501 (RC-4).
Visual Examination (VE).......  Implementation of VE    Changes to VE
                                 by any system other     procedure(s)
                                 than two operators      that require
                                 performing VE \c\ (VE-  CBFO approval
                                 2).                     (VE-1).
                                                        Addition of new
                                                         Sample Category
                                                         Groups to the
                                                         VE process that
                                                         is subject to
                                                         this proposed
                                                         approval (VE-
                                                         2).
WIPP Waste Information System   None at this time.....  Changes to WWIS
 (WWIS).                                                 procedure(s)
                                                         that require
                                                         CBFO approval
                                                         (WWIS-1).
                                                        Changes to the
                                                         Excel
                                                         spreadsheet
                                                         titled WWIS
                                                         Data Entry
                                                         Summary
                                                         Characterizatio
                                                         n and
                                                         Certification
                                                         (WWIS-2).
------------------------------------------------------------------------
\a\ Upon receiving EPA approval, ORNL-CCP will report all T2 changes to
  EPA at the end of each fiscal quarter.
\b\ ``Substantive changes'' means changes with the potential to impact
  the site's waste characterization activities or documentation thereof,
  excluding changes that are solely related to ES&H, nuclear safety, or
  RCRA, or that are editorial in nature.
\c\ Modifications to approved equipment include all changes with the
  potential to affect NDA data relative to waste isolation and exclude
  minor changes, such as the addition of safety-related equipment.

IV. Availability of the Baseline Inspection Report for Public Comment

    EPA has placed the report discussing the results of the Agency's 
inspection of the ORNL-CCP Site in the public docket as described in 
ADDRESSES. In accordance with 40 CFR 194.8, EPA is providing the public 
45 days to comment on these documents. The Agency requests comments on 
the proposed approval decision, as described in the inspection report. 
EPA will accept public comment on this notice and supplemental 
information as described in Section 1.B. above. EPA will not make a 
determination of compliance before the 45-day comment period ends. At 
the end of the public comment period, EPA will evaluate all relevant 
public comments and revise the inspection report as necessary. If 
appropriate, the Agency will then issue a final approval letter and 
inspection report, both of which will be posted on the WIPP Web site.
    Information on the certification decision is filed in the official 
EPA Air Docket, Docket No. A-93-02 and is available for review in 
Washington, DC, and at the three EPA WIPP informational docket 
locations in Albuquerque, Carlsbad, and Santa Fe, New Mexico. The 
dockets in New Mexico contain only major items from the official Air 
Docket in Washington, DC, plus those documents added to the

[[Page 72047]]

official Air Docket since the October 1992 enactment of the WIPP LWA.

    Dated: November 18, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
 [FR Doc. E8-28124 Filed 11-25-08; 8:45 am]

BILLING CODE 6560-50-P
