[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 Once submitted, comments cannot be edited or withdrawn.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: [email protected] or
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to the EPA
through www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to the EPA, mark the outside of the disk or CD-
ROM as CBI and then identify electronically within the files on the
disk or CD-ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number EPA-HQ-OAR-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]
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LLNL-CCP CH waste
LLNL-CCP CH waste characterization
Process elements characterization process--T2
process--T1 changes changes *
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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]
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