[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Proposed Rules]
[Pages 27901-27902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13606]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-6100-9]
RIN 2060-AG85
Opportunity To Comment on Documents Used by the Department of
Energy To Certify the Rocky Flats Environmental Technology Site To Ship
Transuranic Waste to WIPP, as Required in: Criteria for the
Certification and Re-certification of the Waste Isolation Pilot Plant's
Compliance With the Disposal Regulations: Certification Decision
AGENCY: Environmental Protection Agency.
ACTION: Notice of availability; opening of public comment period.
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SUMMARY: The Environmental Protection Agency (EPA) is announcing the
availability of, and soliciting public comments for 30 days on,
Department of Energy (DOE) documents used to certify the Rocky Flats
Environmental Technology Site (RFETS) to ship transuranic radioactive
waste to the Waste Isolation Pilot Plant (WIPP). The documents include:
``Rocky Flats Environmental Technology Site Transuranic (TRU) Waste
Management Manual'' (dated January 7, 1998) and ``Rocky Flats
Environmental Technology Site Waste Isolation Pilot Plant Quality
Assurance Project Plan'' (dated May 14, 1997). These documents are
available for review in the public dockets listed in ADDRESSES. The EPA
will be using these documents to evaluate RFETS's quality assurance and
waste characterization programs and processes. The EPA will perform an
inspection at RFETS the week of June 22-26, 1998.
DATES: EPA is requesting public comment on these documents. Comments
must be received by EPA's official Air Docket on or before June 22,
1998.
ADDRESSES: Comments should be submitted to: Docket No. A-93-02, Air
Docket, Room M-1500 (LE-131), U.S. Environmental Protection Agency, 401
M Street, S.W., Washington, DC 20460.
The DOE documents, ``Rocky Flats Environmental Technology Site
Transuranic (TRU) Waste Management Manual'' (dated January 7, 1998) and
``Rocky Flats Environmental Technology Site Waste Isolation Pilot Plant
Quality Assurance Project Plan'' (dated May 14, 1997) are available for
review in the official EPA Air Docket in Washington DC, Docket No. A-
93-02, Category X-B, and at the following three EPA WIPP informational
docket locations in New Mexico: in Carlsbad at the Municipal Library,
Hours: Monday-Thursday, 10am-9pm, Friday-Saturday, 10am-6pm, and Sunday
1pm-5pm; in Albuquerque at the Government Publications Department,
Zimmerman Library, University of New Mexico, Hours: Monday-Thursday,
8am-9pm, Friday, 8am-5pm, Saturday-Sunday, 1pm-5pm; and in Santa Fe at
the Fogelson Library, College of Santa Fe, Hours: Monday-Thursday, 8am-
12am, Friday, 8am-5pm, Saturday, 9am-5pm, and Sunday, 1pm-9pm.
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: Chuck Byrum, Office of Radiation and
Indoor Air, (505) 665-7555 or call EPA's 24-hour toll-free WIPP
Information Line, 1-800-331-WIPP.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of Energy (DOE) is developing the Waste
Isolation Pilot Plant (WIPP) near Carlsbad in southeastern New Mexico
as a potential deep geologic repository for disposal of transuranic
(TRU) radioactive waste. As defined by the WIPP Land Withdrawal Act
(LWA) of 1992, as amended (Pub. L. No. 102-579), TRU waste consists of
materials containing elements 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.
Most TRU waste consists of items contaminated during the production of
nuclear weapons, e.g., rags, equipment, tools, and organic and
inorganic sludges.
On May 13, 1998, the U.S. Environmental Protection Agency (EPA)
announced its final compliance certification decision to the Secretary
of Energy. This decision states that the WIPP will comply with EPA's
radioactive waste disposal regulations at 40 CFR Part 191 and the WIPP
Compliance Criteria at 40 CFR Part 194.
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 Laboratory (LANL) until EPA determines
that the site has established and executed a quality assurance program,
in accordance with Secs. 194.22(a)(2)(i), 194.24(c)(3), and
194.24(c)(5) for waste characterization activities and assumptions; and
(2) prohibit shipment of TRU waste for disposal at WIPP from any site
other than LANL until EPA has approved, in accordance with the approval
process set forth at Sec. 194.8(b), the procedures developed to comply
with the waste characterization requirements of Sec. 194.24(c)(4). As
part of the EPA's decision-making process, DOE is required to submit to
EPA appropriate documentation used to certify each DOE waste generator
site for shipment of transuranic radioactive waste to WIPP. In
accordance with Sec. 194.8, EPA will place such documentation in the
official Air Docket in Washington, D.C., and informational dockets in
the State of New Mexico for public review and comment.
The documents submitted to EPA include: ``Rocky Flats Environmental
Technology Site Transuranic (TRU) Waste Management Manual'' (dated
January 7, 1998) and ``Rocky Flats Environmental Technology Site Waste
Isolation Pilot Plant Quality Assurance Project Plan'' (dated May 14,
1997). The ``Rocky Flats Environmental Technology Site Transuranic
(TRU) Waste Management Manual'' sets forth the waste characterization
procedures for TRU wastes at Rocky Flats. The ``Rocky Flats
Environmental Technology Site Waste Isolation Pilot Plant Quality
Assurance Project Plan'' sets forth the quality assurance program that
DOE purports to comply with the
[[Page 27902]]
requirements of Sec. 194.22. After EPA reviews these documents for
adequacy, EPA will conduct an inspection of a DOE audit of the site to
determine whether the requirements set out in these documents are being
adequately implemented in accordance with Conditions 2 and 3 of EPA's
WIPP certification decision (Criteria for the Certification and
Recertification of the Waste Isolation Pilot Plant's Compliance With
the 40 CFR Part 191 Disposal Regulations: Certification Decision).
Section 194.8 of the WIPP Compliance Criteria (as amended by the final
certification decision) provides the public at least 30 days to comment
on the documents placed in EPA's docket relevant to the site approval
process.
If EPA determines that the provisions in the documents are
adequately implemented, EPA will notify DOE by letter and place the
letter in the official Air Docket in Washington DC, and in the
informational docket locations in New Mexico. A positive approval
letter will allow DOE to begin shipping TRU waste from RFETS. EPA will
not make a determination of compliance before the inspection or before
the 30-day comment period has closed.
Information on EPA's radioactive waste disposal standards (40 CFR
Part 191), the compliance criteria (40 CFR Part 194), and EPA's
certification decision is filed in the official EPA Air Docket, Dockets
No. R-89-01, A-92-56, and A-93-02, respectively, and is available for
review in Washington DC, and at the three EPA WIPP informational docket
locations in 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 official Air Docket since the October 1992
enactment of the WIPP LWA.
Dated: May 14, 1998.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 98-13606 Filed 5-20-98; 8:45 am]
BILLING CODE 6560-50-P
