[Federal Register Volume 85, Number 49 (Thursday, March 12, 2020)]
[Notices]
[Pages 14480-14483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05006]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0087; FRL-10006-42-OAR]


Proposed Baseline Approval of the Contact-Handled Transuranic 
Waste Characterization Program Implemented at the Department of 
Energy's Lawrence Livermore National Laboratory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; opening of a 45-day public comment 
period.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
announcing the availability of, and soliciting public comments on, the 
proposed ``baseline'' approval of the contact-handled (CH) transuranic 
(TRU) debris waste characterization program implemented by the Central 
Characterization Program (CCP) at the U.S. Department of Energy's (DOE) 
Lawrence Livermore National Laboratory (LLNL), in Livermore, 
California. On June 26, 2019, the DOE made a formal request for an EPA 
baseline inspection for LLNL CH TRU Waste Characterization Operations. 
The inspection supporting this proposed baseline approval took place on 
August 5-7, 2019, at LLNL and remotely. The EPA identified no findings 
or concerns and proposes to approve the LLNL CH TRU debris waste 
characterization program.
    The EPA's report documenting the inspection results and proposed 
baseline approval is available for review in the public docket listed 
in the ADDRESSES section of this document. Until the Agency finalizes 
its baseline approval decision, the DOE Carlsbad Field Office may not 
certify LLNL's waste characterization program and the site may not ship 
transuranic waste to the Waste Isolation Pilot Plant for disposal.

DATES: Comments must be received on or before April 27, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2020-0087, to the Federal eRulemaking Portal: http://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 Once submitted, comments cannot be edited or withdrawn.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: http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT:  Edward Feltcorn (202)-343-9422) or 
Jerry Ellis (202-564-2766), Radiation Protection Division, Center for 
Waste Management and Regulations, Mail Code 6608T, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; fax 
number: 202-343-2305; email addresses: feltcorn.ed@epa.gov or 
ellis.jerry@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to the EPA 
through www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-
ROM as CBI and then identify electronically within the files on the 
disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number EPA-HQ-OAR-2020-
0087 and other identifying information (subject heading, Federal 
Register date and page number).
     Follow directions: The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    The DOE operates the Waste Isolation Pilot Plant (WIPP) facility 
near Carlsbad in southeastern New Mexico as a deep geologic repository 
for disposal of defense-related TRU radioactive waste. TRU waste 
contains more than 100 nanocuries of alpha-emitting TRU isotopes, with 
half-lives greater than twenty years, per gram of waste. Much of the 
existing TRU waste, which may also be contaminated with hazardous 
chemicals, consists of items contaminated during the production of 
nuclear weapons, such as debris waste (rags, equipment, tools) and 
solid waste (sludges, soil).
    Section 8(d)(2) of the WIPP Land Withdrawal Act (LWA) of 1992 
provided that the EPA would certify whether the WIPP facility will 
comply with the Agency's final disposal regulations, later codified at 
40 CFR part 191, subparts B and C. On May 13, 1998, the Agency 
announced its final compliance certification to the Secretary of Energy 
(published May 18, 1998; 63 FR 27354), certifying that the WIPP will 
comply with the disposal regulations. The EPA's certification of the 
WIPP was subject to various conditions, including

[[Page 14481]]

conditions concerning quality assurance and waste characterization 
relating to EPA inspections, evaluations and approvals of the site-
specific TRU waste characterization programs to ensure compliance with 
various EPA regulatory requirements, including those at 40 CFR 194.8, 
194.22(a)(2)(i), 194.22(c)(4), 194.24(c)(3), and 194.24(c)(5). In 
addition, under the LWA, the initial WIPP certification was subject to 
quinquennial (every five years) recertification by the Agency.
    The EPA's inspection and approval processes for waste generator 
sites, including quality assurance and waste characterization programs, 
are described at 40 CFR 194.8. The Agency has discretion in 
establishing technical priorities, the ability to accommodate variation 
in the site's waste characterization capabilities, and flexibility in 
scheduling site waste characterization inspections.
    In accordance with the conditions in the WIPP compliance 
certification and relevant regulatory provisions, including 40 CFR 
194.8, the EPA conducts ``baseline'' inspections at waste generator 
sites, as well as subsequent inspections to confirm continued 
compliance. As part of a baseline inspection, the EPA evaluates each 
waste characterization process component (equipment, procedures and 
personnel training and experience) for adequacy and appropriateness in 
characterizing TRU waste intended for disposal at the WIPP. During the 
inspection, the site demonstrates its capabilities to characterize TRU 
waste(s) and its ability to comply with the regulatory limits and 
tracking requirements under Sec.  194.24. The baseline inspection can 
result in approval with limitations and conditions or may require 
follow-up inspection(s) before approval. Within the approval 
documentation, the EPA specifies what subsequent program changes should 
be reported to the Agency, referred to as Tier 1 (T1) or Tier 2 (T2) 
changes, depending largely on the anticipated effect of the changes on 
data quality.
    A T1 designation requires that the DOE Carlsbad Field Office (CBFO) 
provide to the EPA documentation on proposed changes to the approved 
components of an individual site-specific waste characterization 
process (such as radioassay equipment), which the Agency must approve 
before the change can be implemented. T2 designated changes are minor 
changes to the approved components of individual waste characterization 
processes (such as visual examination procedures) which must also be 
reported to the EPA, but the site may implement such changes without 
awaiting Agency approval. After receiving notification of T1 changes, 
the EPA may choose to inspect the site to evaluate technical adequacy. 
The inspections conducted to evaluate T1 or T2 changes are under the 
authority of the EPA's WIPP compliance certification conditions and 
regulations, including 40 CFR 194.8 and 194.24(h). In addition to 
follow-up inspections, the EPA may opt to conduct continued compliance 
inspections at TRU waste sites with a baseline approval under the 
authority of the WIPP compliance certification regulations, including 
Sec.  194.24(h).
    In accordance with 40 CFR 194.8, the EPA issues a Federal Register 
notice proposing a baseline compliance decision, dockets the inspection 
report for public review, and seeks public comment on the proposed 
decision for a minimum period of 45 days. The report describes the 
waste characterization processes the Agency inspected at the site, as 
well as their compliance with 40 CFR 194.8 and 194.24 requirements.

A. Proposed Baseline Decision

    This notice announces the EPA's proposed baseline approval of the 
CH TRU waste characterization program implemented by the CCP at the 
DOE's LLNL, in Livermore, California. In accordance with 40 CFR 
194.8(b), the EPA conducted Baseline Inspection No. LLNL-CCP-CH-
Baseline-2019 on August 5-7, 2019, remotely and at LLNL. Upon EPA's 
final approval, DOE may emplace LLNL-CCP CH TRU waste in the WIPP.
    LLNL consists of two sites: Livermore Main Site, approximately 40 
miles east of San Francisco, California, adjacent to the city of 
Livermore, and Site 300, a remote, high explosives testing facility, 
approximately 15 miles southeast of the Main Site. All references to 
LLNL in this notice refer to the Livermore Main Site. Historically, 
LLNL generated TRU waste primarily during nuclear weapons research and 
development and support operations in numerous buildings at the 
laboratory Main Site. LLNL was established in 1952 with its primary 
mission to conduct research and development on nuclear weapons 
fabrication and materials research and development. Since then, other 
major research programs have been added and the current mission of LLNL 
is to function as a multi-program laboratory conducting research 
testing and development, focusing on national defense and security, 
energy, the environment, and biomedicine. Current major programs at 
LLNL include defense weapons activities and related programs in laser 
fusion and inertial confinement fusion, laser isotope separation, 
magnetic fusion energy, biomedical and environmental research, energy 
and resources, environmental restoration, and waste management. LLNL 
also conducts a variety of projects for other federal agencies, 
including weapons research and tracer studies for the Department of 
Defense.
    The EPA has not previously approved a waste characterization 
program at LLNL under the current baseline inspection process. 
Historically, the EPA approved a CH TRU waste characterization program 
at LLNL in August 2004 that operated for a short time until the 
implementation of the baseline inspection process in October 2004 
(Docket No. A-98-49, Item A4-45). After October 2004, LLNL shipped CH 
TRU waste to Idaho National Laboratory for characterization by an EPA-
approved waste characterization program as Idaho National Laboratory or 
Advanced Mixed Waste Treatment Project waste streams, which were 
characterized and emplaced at the WIPP.
    On June 26, 2019, the DOE requested that the Agency take steps to 
approve the LLNL-CCP CH TRU waste characterization program to support 
direct shipment of waste from LLNL to the WIPP. The EPA conducted this 
baseline inspection in August 2019, evaluating LLNL-CCP's CH TRU waste 
characterization program for technical adequacy. Once approved, LLNL-
CCP will be allowed to use the program components to characterize CH 
waste in accordance with the conditions and restrictions discussed in 
the inspection report. The EPA is proposing to approve the LLNL-CCP 
waste characterization program implemented to characterize CH TRU waste 
as documented in the inspection report. Specifically, the proposed 
approval includes:
    (1) The Acceptable Knowledge process for characterizing LLNL CH TRU 
waste.
    (2) The nondestructive assay systems for measuring the 
radioactivity in LLNL CH TRU waste.
    (3) The Visual Examination nondestructive examination process to 
identify waste material parameters (WMPs) and the physical form of LLNL 
CH TRU waste.
    (4) The Real-Time Radiography (RTR) nondestructive examination 
process to identify WMPs and the physical form of LLNL CH TRU waste 
using the RTR2 unit.
    Any changes to the waste characterization activities after the date

[[Page 14482]]

of the baseline inspection must be reported to and, if applicable, 
approved by the EPA according to Table 1 below. All T1 changes must be 
submitted for approval before their implementation and will be 
evaluated by the EPA. Upon approval, the Agency will post the results 
of the evaluations in the EPA's general WIPP docket at regulations.gov 
(Docket No. EPA-HQ-OAR-2001-0012). LLNL-CCP must submit T2 changes at 
the end of the fiscal year quarter in which they were implemented.
    The EPA's final approval decision regarding the LLNL-CCP CH waste 
characterization program will be conveyed to the DOE separately by 
letter following the EPA's review of public comments received in 
response to this notice and proposed approval discussed in the 
inspection report. This information will be provided through the EPA's 
WIPP docket provided for this action at regulations.gov (Docket No. 
EPA-HQ-OAR-2020-0087), in accordance with 40 CFR 194.8(b)(3). A summary 
table of all WIPP-related EPA inspection statuses can also be found on 
the EPA website at https://www.epa.gov/radiation/waste-isolation-pilot-plant-wipp-inspections, and any interested party can get these and 
other WIPP updates via the Agency's WIPP-NEWS website (https://www.epa.gov/radiation/wipp-news). Individuals may also subscribe to the 
WIPP-NEWS email listserv using the instructions on the website.

 Table 1--Tiering of Contact-Handled Transuranic Waste Characterization
                    Processes Implemented by LLNL-CCP
  [Based on August 5-7, 2019, baseline inspection LLNL-CCP-CH-Baseline-
                                  2019]
------------------------------------------------------------------------
                                                       LLNL-CCP CH waste
                                  LLNL-CCP CH waste    characterization
        Process elements           characterization       process--T2
                                 process--T1 changes       changes *
------------------------------------------------------------------------
Acceptable Knowledge (AK)......  Implementation of    Submission of a
                                  payload management.  list of active
                                                       LLNL-CCP CH AK
                                                       Experts and Site
                                                       Project Managers.
                                                      Notification to
                                                       the EPA upon
                                                       availability of
                                                       or substantive
                                                       modification **
                                                       to:
                                                          AK
                                                          summary
                                                          reports (e.g.,
                                                          CCP-AK-LLNL-00
                                                          2).
                                                          AK
                                                          accuracy
                                                          reports
                                                          (annually, at
                                                          a minimum).
                                                          Waste
                                                          stream profile
                                                          forms and any
                                                          associated
                                                          change
                                                          notices.
                                                          Add
                                                          container
                                                          memoranda.
                                                          Site
                                                          AK procedures
                                                          requiring CBFO
                                                          approval.***
                                                         
                                                          Enhanced AK
                                                          documents such
                                                          as CCP-TP-005,
                                                          Attachment 9,
                                                          forms and AK
                                                          Assessment,
                                                          chemical
                                                          compatibility
                                                          evaluation and
                                                          basis of
                                                          knowledge
                                                          memoranda
                                                          (including
                                                          addition of
                                                          new figures or
                                                          attachments).
Nondestructive Assay (NDA).....  New equipment or     Submission of a
                                  substantive          list of LLNL-CCP
                                  physical             NDA operators,
                                  modifications **     expert analysts
                                  to approved          and independent
                                  equipment.           technical
                                                       reviewers that
                                                       performed work
                                                       during the
                                                       previous quarter.
                                 Extension of or      Notification to
                                  changes to           the EPA upon
                                  approved             substantive
                                  calibration ranges   modification **
                                  for approved         to:
                                  equipment.           Software
                                 Segmented gamma       for approved
                                  scanner:             equipment.
                                  Relocation of        Operating
                                  system.              ranges upon CBFO
                                                       approval.
                                                       Site NDA
                                                       procedures
                                                       requiring CBFO
                                                       approval.***
Visual Examination (VE)........  VE for non-debris    Submission of a
                                  waste.               list of LLNL-CCP
                                                       VE operators, VE
                                                       experts and
                                                       independent
                                                       technical
                                                       reviewers that
                                                       performed work
                                                       during the
                                                       previous quarter.
                                 VE by any process    Notification to
                                  other than LLNL-     the EPA upon
                                  CCP.                 substantive
                                 VE operators          modification **
                                  observing LLNL       to site VE
                                  waste handlers       procedures
                                  package the waste    requiring CBFO
                                  in a glovebox, as    approval.***
                                  demonstrated
                                  during the August
                                  2019 baseline
                                  inspection.
Real-time Radiography (RTR)....  RTR by any process   New RTR equipment
                                  other than CCP-TP-   operated in
                                  053.                 accordance with
                                                       procedure CCP-TP-
                                                       053.
                                                      Submission of a
                                                       list of LLNL-CCP
                                                       RTR operators and
                                                       independent
                                                       technical
                                                       reviewers that
                                                       performed work
                                                       during the
                                                       previous quarter.
                                                      Notification to
                                                       the EPA upon
                                                       substantive
                                                       modification **
                                                       to site RTR
                                                       procedures
                                                       requiring CBFO
                                                       approval.***
------------------------------------------------------------------------
New T1s, T2s and significant modifications to existing T1s or T2s are in
  bold text; T1s or T2s that were only revised for style are not shown
  in bold.
* LLNL-CCP will report all unmarked T2 changes to the EPA every three
  months.
** ``Substantive modification'' refers to a change with the potential to
  affect LLNL-CCP's CH waste characterization processes or documentation
  of them, excluding changes that are solely related to the environment,
  safety and health; nuclear safety; or the Resource Conservation and
  Recovery Act; or that are editorial in nature or are required to
  address administrative concerns. The EPA may request copies of new
  references that the DOE adds during a document revision.
*** Site procedures include any procedures used by LLNL-CCP personnel
  that require Carlsbad Field Office (CBFO) approval. This includes LLNL-
  CCP-specific procedures as well as applicable CCP-wide procedures.

III. Availability of the Baseline Inspection Report and Proposed 
Approval for Public Comment

    The EPA has placed the report discussing the results of the 
inspection of the CH TRU waste characterization program at LLNL in the 
public docket as described in the ADDRESSES section of this document. 
In accordance with 40 CFR 194.8, the Agency is providing the public 45 
days to comment on this and other documents and the EPA's proposed 
decision to approve the LLNL CH TRU waste characterization program. The 
Agency will accept public comment on this notice and supplemental 
information as described in Section I above. At the end of the public 
comment period, the EPA will evaluate all relevant public comments and, 
as the Agency may deem appropriate and necessary, revise the report and 
proposed decision or take other appropriate action. If the EPA 
concludes that there are no unresolved issues after the public comment 
period, the Agency will issue an approval letter and the final report. 
The letter of approval will authorize the DOE to use the approved waste 
characterization processes to characterize CH TRU waste at LLNL.

[[Page 14483]]

    Information on the approval decision will be filed in the official 
public docket opened for this action on www.regulations.gov, Docket ID 
No. EPA-HQ-OAR-2020-0087 (as listed in the ADDRESSES section of this 
document).

    Dated: March 3, 2020.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2020-05006 Filed 3-11-20; 8:45 am]
BILLING CODE 6560-50-P


