Proposed Approval of Central Characterization Project's Transuranic Waste Characterization Program at the Savannah River Site

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: March 16, 2006 (Volume 71, Number 51)]
[Notices]
[Page 13592-13596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16mr06-43]

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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2006-0094; FRL-8045-6]

Proposed Approval of Central Characterization Project's
Transuranic Waste Characterization Program at the Savannah River Site

AGENCY: Environmental 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 waste characterization program
implemented by the Central Characterization Project (``CCP'') to
characterize transuranic (``TRU'') radioactive waste at the Savannah
River Site (SRS) proposed for disposal at the Waste Isolation Pilot
Plant (``WIPP''). In accordance with the WIPP Compliance Criteria, EPA
evaluated the CCP's characterization of TRU debris waste and soils/
gravel from SRS during an inspection conducted October 31-November 3,
2005. Using the systems and processes developed as part of the
Department of Energy's (``DOE's'') Carlsbad Field Office (``CBFO'')
CCP, EPA verified whether DOE could adequately characterize TRU waste
consistent with the Compliance Criteria. The results of EPA's
evaluation of the SRS CCP program and the proposed approval are
described in EPA'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 EPA
evaluated, the ``tier'' EPA assigned to each waste characterization
process component, and the TRU waste categories proposed for approval.
As required by the 40 CFR 194.8 changes promulgated in July 2004, at
the end of a 45-day comment period EPA will evaluate public comments
received, finalize the report responding to the relevant public
comments, and issue the final report and an approval letter to DOE's
Carlsbad Field Office. Waste that is characterized by the SRS CCP is
not eligible for disposal at WIPP until EPA formally grants its approval.

DATES: Comments must be received on or before May 1, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0094, by one of the following methods:
? http://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-2006-0094. 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 http://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 http://
www.regulations.gov or e-mail. The http://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 http://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

[[Page 13593]]

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 http://
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 http://www.regulations.gov or in hard copy at the Air and
Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102,
1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is 202-566-1744, and the telephone number for the Air and
Radiation Docket is 202-566-1742. These documents are also available
for review in hard-copy form at the following three EPA WIPP
informational docket locations in New Mexico: in Carlsbad at the
Municipal Library, Hours: Monday-Thursday, 10 a.m.-9 p.m., Friday-
Saturday, 10 a.m.-6 p.m., and Sunday, 1 p.m.-5 p.m., phone number: 505-
885-0731; in Albuquerque at the Government Publications Department,
Zimmerman Library, University of New Mexico, Hours: Vary by semester,
phone number: 505-277-2003; and in Santa Fe at the New Mexico State
Library, Hours: Monday-Friday, 9 a.m.-5 p.m., phone number: 505-476-
9700. 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, Radiation Protection
Division, Center for Federal Regulations, 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.

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
http://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
containing processes having 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.
On May 13, 1998, EPA announced its final compliance certification
decision to the Secretary of Energy (published May 18, 1998, 63 FR
27354). This decision stated that the WIPP will comply with EPA's
radioactive waste disposal regulations at 40 CFR part 191, subparts B
and C.
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.
In July 2004, EPA promulgated changes to the ``Criteria for the
Certification and Recertification of the Waste Isolation Pilot Plant's
Compliance with Disposal Regulations'' (69 FR 42571-42583, July 16,
2004). These changes went into effect October 14, 2004, which modified
the EPA approval of waste characterization (``WC'') programs at DOE's
TRU waste sites. These revisions provide equivalent or improved
oversight and better prioritization of technical issues in EPA
inspections to evaluate WC activities at DOE WIPP waste generator
sites, and also offer more direct public input into the Agency's
decisions about what waste can be disposed of at WIPP. They do not
modify the technical approach that EPA has employed since the 1998 WIPP
Certification Decision.
Condition 3 of the WIPP Certification Decision requires that EPA
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. The revised inspection
and approval process gives EPA greater (a) discretion in establishing
technical priorities, (b) ability to accommodate variation in the
site's waste characterization capabilities, and (c) flexibility in
scheduling site WC inspections. The Sec. 194.8 changes require that
EPA conduct a baseline inspection at every previously approved TRU site
(such as SRS CCP). EPA expects that within two years after the
effective date of October 2004 most of the previously approved TRU
sites (such as Hanford, Los Alamos

[[Page 13594]]

CCP, and Savannah River Site CCP) will undergo EPA baseline
inspections. Following these inspections, the Agency will issue a new
baseline compliance decision for these sites.
As part of the baseline inspection, EPA must evaluate each WC
process component (equipment, procedures, and personnel training/
experience) for its adequacy and appropriateness in characterizing TRU
waste destined for the disposal at 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/conditions or may require follow-up inspection(s) before
approval. The approval must specify what subsequent WC program changes
or expansion should be reported to EPA. The Agency is required to
assign Tier 1 (``TI'') and Tier 2 (``T2'') 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 WC process (such as radioassay
equipment or personnel), and EPA must also approve the change before it
can be implemented. A WC element with a T2 designation allows the site
to implement changes to the approved components of individual WC
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 continued compliance inspections at
TRU waste sites with a baseline approval under the authority of Sec.
194.24(h).
The revisions to the site inspection and approval process outlined
in Sec. 194.8 require 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 WC processes EPA inspected
at the site, as well as their compliance with Sec. 194.24 requirements.

III. Proposed Baseline Compliance Decision

From October 31-November 3, 2005, EPA performed a baseline
inspection of TRU waste characterization activities of the DOE's CCP
staff at SRS (EPA Inspection No. EPA-SRS-CCP-10.05-8). This inspection
is the second baseline inspection that EPA has performed under the
Sec. 194.8 regulatory changes promulgated in July 2004.
The CCP is a mobile characterization program that assists TRU waste
generator sites with complex waste characterization activities. At some
sites (such as Los Alamos National Laboratory and Savannah River Site)
and small TRU waste generator sites (such as Argonne National
Laboratory and Lawrence Livermore National Laboratory) the CCP has the
sole responsibility to characterize contact-handled (``CH''),
retrievably-stored TRU waste destined for the disposal at the WIPP.
The purpose of EPA's inspection was to verify that CCP is
characterizing CH TRU retrievably-stored debris waste (S5000) and
soils/gravel (S4000) from SRS properly and in compliance with the
regulatory requirements at 40 CFR 194.24. EPA did not evaluate the
characterization of solid waste (S3000) at this time and will inspect
this at a later date. During the inspection, EPA also evaluated CCP's
use of the WIPP Waste Information System (``WWIS'') for tracking the
contents of CH TRU waste containers destined for disposal at WIPP. This
tracking ensures that the volume emplaced in the WIPP repository and
characteristics of the emplaced wastes conform to the requirements of
the WIPP LWA and the specific conditions of the WIPP Certification
Decision.
During the inspection, EPA evaluated the adequacy, implementation,
and effectiveness of SRS-CCP's waste characterization activities. The
Agency's evaluation focused on the individual components--equipment,
procedures, and personnel training/experience of the following waste
characterization processes: Acceptable knowledge (``AK''),
nondestructive assay (``NDA''), visual examination techniques
(``VET''), visual examination/real-time radiography (``VE/RTR''), load
management, and the WWIS. The overall program adequacy and
effectiveness of SRS-CCP was based on the following DOE-provided upper-
tier documents: (1) CCP-PO-001--Revision 11, 3/10/05--CCP Transuranic
Waste Characterization Quality Assurance Project Plan and (2) CCP-PO-
002--Revision 12, 3/10/05--CCP Transuranic Waste Certification Plan.
EPA evaluated the CCP-implemented waste characterization processes
at SRS for specific CH TRU waste categories, as follows:
? Acceptable knowledge (AK) and load management for contact-
handled (``CH'') retrievably-stored and newly-generated TRU debris
waste (S5000) and soil/gravel waste (S4000).
? Visual examination techniques (``VET'') for CH newly-
generated debris waste (S5000) and soil/gravel waste (S4000).
? Visual examination (``VE'') as a quality control check of
real-time radiography (``RTR'') for CH retrievably-stored TRU debris
waste (S5000) and soil/gravel waste (S4000).
? RTR for CH retrievably-stored TRU debris waste (S5000) and
soil/gravel waste (S4000).
? Nondestructive assay (``NDA'') and the WIPP Waste
Information System (``WWIS'') for CH retrievably-stored and newly-
generated TRU debris waste (S5000) and soil/gravel waste (S4000).
Two NDA systems (Imaging Passive-Active Neutron/Gamma Energy
Analysis [``IPAN/GEA''] system and the MCS IQ3 gamma system) were
evaluated for characterizing debris (S5000) and soil/gravel (S4000) wastes.
In addition to reviewing individual components (namely, procedures,
and equipment) of each of the WC processes (AK, NDA, VET, VE/RTR, load
management, and the WWIS), the Agency interviewed and reviewed training
records of personnel responsible for compiling data, analyzing waste
contents, operating equipment, and preparing data for WWIS tracking.
EPA also required radioassay replicate analysis on selected containers
from the population of previously analyzed waste containers on the same
system or instrument for the two different waste categories. The
purpose of this replicate testing is to provide EPA with an independent
means to verify that the radioassay equipment being assessed for
approval can provide consistent, reproducible results for the
determination of the quantity of 10 WIPP-tracked radionuclides (241Am,
137Cs, 238Pu, 239Pu, 240Pu, 242Pu, 90Sr, 233U, 234U, and 238U) as well
as TRU alpha concentration. The results of the replicate analysis help
EPA to determine whether:
? The instrument produces results consistent with the
reported total measurement uncertainty (``TMU'') by comparing the
sample standard deviation for a number of replicate measurements taken
over several hours or days to the reported TMU.
? The instrument provides reproducible results over longer
periods of time, such as weeks or months, by comparing the results of
the replicate

[[Page 13595]]

measurement(s) to the original reported values.
EPA's inspection team identified one finding and five concerns. The
one finding and two of the concerns required a response from DOE. All
concerns and findings are documented on EPA Inspection Issue Tracking
Forms (see Attachments C.1 through C.6 of the baseline Inspection
Report available in the EPA Docket). The Agency received responses to
the one finding and two concerns which required responses and, upon
further evaluation, concluded that the responses were adequate. As a
result, there are no open issues resulting from this inspection.
EPA's inspection team determined that SRS-CCP's WC program
activities were technically adequate. EPA is proposing to approve the
SRS-CCP WC program in the configuration observed during this inspection
and described in this report and in the checklists in Attachment A.
This proposed approval includes the following waste characterization
activities:
(1) The AK and load management process for CH retrievably-stored
TRU debris and soil/gravel,
(2) The IPAN and IQ3 NDA systems for assaying soil/gravel and
debris waste,
(3) VE as a QC check of the RTR process for retrievably-stored
soil/gravel and debris waste,
(4) The VET process for newly-generated debris and soil/gravel wastes,
(5) The nondestructive examination process of RTR for retrievably-
stored soil/gravel and debris wastes, and
(6) The WWIS process for tracking of waste contents of debris and
soil/gravel wastes. As required by the new (194.8 revisions, EPA has
assigned specific ``tiers'' to the different waste characterization
processes. As seen from the table below, both T1 and T2 changes are
reportable changes. A T1 change requires EPA approval prior to
implementation of the change and may require EPA inspection to
determine technical adequacy. A T2 change may be implemented prior to
EPA approval; however, this type of change must be reported to EPA
quarterly. Any changes to WC activities from the date of the baseline
inspection must be reported to and, if applicable, approved by EPA,
according to the following table:

Proposed Tiering of TRU WC Processes Implemented by SRS-CCP
[Based on October 31-November 3, 2005, Baseline Inspection]
----------------------------------------------------------------------------------------------------------------
SRS-CCP WC process SRS-CCP WC process SRS-CCP general T2
WC process elements specific T1 changes specific T2 changes* changes*
----------------------------------------------------------------------------------------------------------------
AK including Load Management....... Any new waste category.. WSPFs, including updates Changes to site
Changes to WWIS or additions to waste procedures requiring
algorithms specific to stream(s) within an CBFO approvals and
load management. approved waste category other changes as
(see Section 8.1). discussed in Section
Changes in load 8.1 of this report.
management status of
approved waste
stream(s).
NDA................................ New equipment or Changes to software for Changes to site
physical modifications approved equipment (see procedures requiring
to approved Section 8.2). CBFO approvals and
equipment.**. Changes to operating other changes as
Changes to approved range(s) upon CBFO discussed in Section
calibration range for approval. 8.2 of this report.
approved equipment (see
Section 8.2).
RTR................................ N/A..................... New equipment or changes Changes to site
to approved equipment. procedures requiring
CBFO approvals and
other changes as
discussed in Section
8.3 of this report.
VE and VET......................... Changes in vendor N/A..................... Changes to site
performing VE and/or procedures requiring
VET. CBFO approvals and
other changes as
discussed in Section
8.4 of this report.
WWIS............................... N/A..................... N/A..................... Changes to site
procedures requiring
CBFO approvals and
other changes as
discussed in Section
8.5 of this report.
----------------------------------------------------------------------------------------------------------------
* Upon receiving EPA approval, SRS-CCP will report all T2 changes to EPA every three months.
** 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.

EPA will notify the public of the results of its evaluations of
proposed T1 and T2 changes through the WIPP Website and by sending
messages via the WIPP-NEWS e-mail listserv. All T1 changes must be
submitted for approval before their implementation and will be
evaluated by EPA. Upon approval, EPA will post the results of the
evaluations via the WIPP Website and the WIPP-NEWS listserv, as
described above. The Agency will post T2 changes approximately every
three months beginning with the date of EPA's approval of the TRU WC
program implemented at SRS-CCP. EPA expects the first report of SRS-
CCP's T2 changes approximately three months from the date of EPA's
approval of the TRU WC program implemented at SRS-CCP.
The scope of the proposed site baseline compliance decision is
based on EPA's inspection completed on November 3, 2005. The Agency
will not approve any changes to the SRS-CCP program until this proposed
baseline approval is finalized. Based on prior approvals, SRS-CCP is
currently approved to dispose of debris waste (S5000) at the WIPP. SRS-
CCP is permitted to continue WC and disposal of debris waste while EPA
evaluates public comment to this proposed approval and establishes a
final approval.

IV. Availability of the Baseline Inspection Report for Public Comment

EPA has placed the report discussing the results of EPA's
inspection of the CCP at SRS 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 tiering designations

[[Page 13596]]

and the proposed approval decision. EPA will accept public comment on
this notice and supplemental information as described in Section 1.B.
above. The 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 comment and revise the inspection
report as necessary. The Agency will then issue an approval letter and
the final inspection report, both of which will be posted on the WIPP
Web site. The letter of approval will allow CCP to use the approved TRU
waste characterization processes to characterize TRU waste at SRS.
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 New Mexico (as listed in ADDRESSES). The dockets in New
Mexico contain only major items from the official Air Docket in
Washington, DC, plus those documents added to the official Air Docket
since the October 1992 enactment of the WIPP LWA.

Dated: March 9, 2006.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. E6-3813 Filed 3-15-06; 8:45 am]
BILLING CODE 6560-50-P

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Proposed Approval of Central Characterization Project's Transuranic Waste Characterization Program at the Savannah River Site

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