Notice2023-13084
Proposed Baseline Approval of the Contact-Handled Transuranic Waste Characterization Program Implemented at the Department of Energy's Argonne National Laboratory, Lemont, Illinois
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Published
June 21, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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) Argonne National Laboratory in Lemont, IL. The inspections supporting this proposed baseline approval took place from November 15-17, 2022 remotely and on site in Lemont, IL. EPA identified no findings or concerns and proposes to approve the ANL-CCP CH TRU debris waste characterization program. 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 ANL-CCP's CH waste characterization program and the site may not ship transuranic waste to the Waste Isolation Pilot Plant for disposal.
Full Text
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<title>Federal Register, Volume 88 Issue 118 (Wednesday, June 21, 2023)</title>
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[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40263-40266]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13084]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2023-0226; 10963-01-OAR]
Proposed Baseline Approval of the Contact-Handled Transuranic
Waste Characterization Program Implemented at the Department of
Energy's Argonne National Laboratory, Lemont, Illinois
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)
Argonne National Laboratory in Lemont, IL. The inspections supporting
this proposed baseline approval took place from November 15-17, 2022
remotely and on site in Lemont, IL. EPA identified no findings or
concerns and proposes to approve the ANL-CCP CH TRU debris waste
characterization program. 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 ANL-CCP's CH 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 August 7, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2023-0226, to the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. 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
[[Page 40264]]
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. 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: <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Jerry Ellis (202-564-2766) or Edward
Feltcorn (202-343-9422). Radiation Protection Division, Center for
Waste Management and Regulations, Mail Code 6608T, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460;
email addresses: <a href="/cdn-cgi/l/email-protection#e88d8484819bc6828d9a9a91a88d9889c68f879e"><span class="__cf_email__" data-cfemail="b5d0d9d9dcc69bdfd0c7c7ccf5d0c5d49bd2dac3">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#4c2a2920382f233e226229280c293c2d622b233a"><span class="__cf_email__" data-cfemail="90f6f5fce4f3ffe2febef5f4d0f5e0f1bef7ffe6">[email protected]</span></a>.
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
<a href="http://www.regulations.gov">www.regulations.gov</a> or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in electronic
media that you mail to EPA, mark the outside of the electronic media as
CBI and then identify electronically within the files what specific
information 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:
<bullet> Identify the rulemaking by docket number EPA-HQ-OAR-2023-
0226 and other identifying information (subject heading, Federal
Register date and page number).
<bullet> 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.
<bullet> Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
<bullet> Describe any assumptions and provide any technical
information and/or data that you used.
<bullet> If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
<bullet> Provide specific examples to illustrate your concerns and
suggest alternatives.
<bullet> Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
<bullet> 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). Legacy weapons production facilities,
including ANL, that have generated TRU waste for shipment to and
disposal at WIPP are expected use approved waste characterization
programs.
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, EPA conducts ``baseline'' inspections at waste generator sites,
as well as subsequent inspections to confirm continued compliance. As
part of a baseline inspection, 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 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, 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 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 EPA, but the site may implement such changes without
awaiting Agency approval. The inspections conducted to evaluate T1 or
T2 changes are under the authority of EPA's WIPP compliance
certification conditions and regulations, including 40 CFR 194.8 and
194.24(h). In addition to follow-up inspections, 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, 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 EPA's proposed baseline approval of the CH
TRU waste characterization program implemented by the CCP at the DOE's
Argonne National Laboratory. In accordance with 40 CFR 194.8(b), EPA
conducted Baseline Inspection No. ANL-CCP-CH-Baseline-2022 on November
15-17, 2022, remotely and at Argonne National Laboratory. Upon EPA's
final approval, the DOE may emplace ANL-CCP CH TRU waste in the WIPP.
ANL is located in Lemont, Illinois, approximately 25 miles
southwest of downtown Chicago. Originally founded
[[Page 40265]]
in 1946 as the first national laboratory, ANL grew from conducting
initial experiments performed at the University of Chicago to producing
plutonium for nuclear weapons. Since then, ANL has supported research
and development of nuclear reactors and related systems, materials, and
components for civilian and national defense programs. This work
historically included development of essentially all domestic reactor
systems in use today for isotope production, power generation and naval
submarine propulsion, as well as applications for weapons destruction,
defense waste management, defense safeguards and security and space
propulsion. Currently, ANL is a multi-disciplinary research laboratory
that performs basic and applied work in engineering, chemistry,
physics, materials and environmental studies. Transuranic waste-
generating activities at ANL consist mainly of cleaning out buildings
or other areas previously used for a variety of research activities.
EPA is proposing to approve the ANL-CCP waste characterization
program implemented to characterize CH TRU waste as documented in the
accompanying inspection report. Specifically, the proposed approval
includes:
(1) The AK (Acceptable Knowledge) process for ANL CH TRU waste.
(2) The MILCC5 (Mobile ISOCS Large Container Counter No. 5) NDA
(Non-destructive assay) system and processes for characterizing CH
TRU waste.
(3) The VE (Visual Examination) process to identify waste
material parameters and the physical form of CH TRU waste.
Any changes to the waste characterization activities after the date of
the baseline inspection must be reported to and, if applicable,
approved by EPA according to Table 1 below. All T1 changes must be
submitted for approval before their implementation and will be
evaluated by EPA. Upon approval, the Agency will post the results of
the evaluations in EPA's general WIPP docket at <a href="http://regulations.gov">regulations.gov</a> (Docket
No. EPA-HQ-OAR-2001-0012). ANL-CCP must submit T2 changes at the end of
the fiscal year quarter in which they were implemented.
EPA's final approval decision regarding the ANL-CCP CH waste
characterization program will be conveyed to the DOE separately by
letter following 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 EPA's WIPP docket
provided for this action at <a href="http://regulations.gov">regulations.gov</a> (Docket No. EPA-HQ-OAR-
2023-0226), in accordance with 40 CFR 194.8(b)(3).
Table 1
[Based on November 15-17, 2022, Baseline Inspection ANL-CCP-CH-Baseline-2022]
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ANL-CCP CH waste
Process elements characterization process-- ANL-CCP CH waste characterization process--T2
T1 changes changes *
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Acceptable Knowledge (AK).......... Implementation of payload Submission of a list of active ANL-CCP CH AK
management. experts and site project managers
Notification to EPA upon availability of or
substantive modification ** to:
<bullet> AK summary reports (e.g., CCP-AK-ANLE-
002)
<bullet> AK accuracy reports (annually, at a
minimum)
<bullet> Waste stream profile forms and any
associated change notices
<bullet> Add container memoranda
<bullet> Site AK procedures requiring CBFO
approval ***
<bullet> Enhanced AK documents such as CCP-TP-
005, Attachment 9 forms and AK Assessment,
CCE and Basis of Knowledge memoranda
(including addition of new figures or
attachments).
Nondestructive Assay (NDA)......... New equipment or Submission of a list of ANL-CCP NDA operators,
substantive physical expert analysts and independent technical
modifications ** to reviewers that performed work during the
approved equipment. previous quarter
Extension of or changes to Notification to EPA upon substantive
approved calibration modification ** to:
ranges for approved <bullet> Software for approved equipment
equipment. <bullet> Operating ranges upon CBFO approval
Measurement geometries <bullet> Site NDA procedures requiring CBFO
other than 55-gallon drums. approval. ***
Visual Examination (VE)............ VE for non-debris waste.... Submission of a list of ANL-CCP VE operators,
VE by any process other VE experts and independent technical
than ANL-CCP VE operators reviewers that performed work during the
observing ANL waste previous quarter
handlers package the waste Notification to EPA upon substantive
in a glovebox, as modification ** to site VE procedures
demonstrated during the requiring CBFO approval. ***
2022 baseline inspection.
Real-time Radiography (RTR)........ Implementation of RTR......
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* ANL-CCP will report all T2 changes to EPA every three months.
** ``Substantive modification'' refers to a change with the potential to affect ANL-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. EPA may request copies of new
references that the DOE adds during a document revision.
*** Site procedures include any procedures used by ANL-CCP personnel that require Carlsbad Field Office (CBFO)
approval. This includes ANL-CCP-specific procedures as well as applicable CCP-wide procedure.
III. Availability of the Baseline Inspection Report and Proposed
Approval for Public Comment
EPA has placed the report discussing the results of the inspection
of the CH TRU waste characterization program at ANL 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 EPA's proposed decision to approve the ANL-
CCP CH TRU waste characterization program. The Agency will accept
public comment on this
[[Page 40266]]
notice and supplemental information as described in Section I above. At
the end of the public comment period, EPA will evaluate all relevant
public comments and, as the Agency may deem appropriate and necessary,
revise the report and proposed approval or take other appropriate
action. If 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 approve
the ANL-CCP waste characterization program implemented to characterize
CH TRU waste at ANL.
Information on the approval decision will be filed in the official
public docket opened for this action on <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket ID
No. EPA-HQ-OAR-2023-0226 (as listed in the ADDRESSES section of this
document).
Jonathan Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2023-13084 Filed 6-20-23; 8:45 am]
BILLING CODE 6560-50-P
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