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. 102579), as amended (Pub. L. 104201), TRU waste consists of materials that have atomic numbers greater than 92 (with halflives greater than twenty years), in concentrations greater than 100 nanocuries of alphaemitting 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.

TRU waste is itself divided into two categories, based on its level of radioactivity. Contacthandled (CH) TRU waste accounts for about 97 percent of the volume of TRU waste currently destined for the WIPP. It is packaged in 55gallon metal drums or in metal boxes and can be handled under controlled conditions without any shielding beyond the container itself. The maximum radiation dose at the surface of a CH TRU waste container is 200 millirems per hour. CH waste primarily emits alpha particles that are easily shielded by a sheet of paper or the outer layer of a person's skin.

Remotehandled (RH) TRU waste emits more radiation than CH TRU waste and must therefore be both handled and transported in shielded casks. Surface radiation levels of unshielded containers of remote handled transuranic waste exceed 200 millirems per hour. RH waste primarily emits gamma radiation, which is very penetrating and requires concrete, lead, or steel to block it.

On May 13, 1998, EPA issued a final certification of compliance for the WIPP facility. The final rule was published in the Federal Register on May 18, 1998 (63 FR 27354). EPA officially recertified WIPP on March 29, 2006 (71 FR 18015). Both the certification and recertification determined that WIPP complies with the Agency's radioactive waste disposal regulations at 40 CFR part 191, subparts B and C, and is therefore safe to contain TRU waste.

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 (revised July 2004).

Condition 3 of the WIPP Certification Decision requires EPA to 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. EPA's inspection and approval process gives EPA (a) discretion in establishing technical priorities, (b) the ability to accommodate variation in the site's waste characterization capabilities, and (c) flexibility in scheduling site waste characterization inspections.

As described in Section 194.8(b), EPA's baseline inspections evaluate each waste characterization process component (equipment, procedures, and personnel training/experience) for its adequacy and appropriateness in characterizing TRU waste destined for disposal at WIPP. During an inspection, the site demonstrates its capabilities to characterize TRU waste(s) and its ability to comply with the regulatory limits and tracking requirements under (194.24. A baseline inspection may describe any limitations on approved waste streams or waste characterization processes [Sec. 194.8(b)(2)(iii)]. In addition, a baseline inspection approval must specify what subsequent waste characterization program changes or expansion should be reported to EPA [Sec. 194.8(b)(4)]. The Agency is required to assign Tier 1 (T1) and Tier 2 (T2) designations 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 waste characterization process (such as radioassay equipment or personnel), and EPA must also approve the change before it can be implemented. A waste characterization element with a T2 designation allows the site to implement changes to the approved components of individual waste characterization 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 followup inspections under the authority of Sec. 194.24(h). In addition to the followup inspections, if warranted, EPA may opt to conduct
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continued compliance inspections at TRU waste sites with a baseline approval under the authority of Sec. 194.24(h).

The site inspection and approval process outlined in Sec. 194.8 requires 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 waste characterization processes EPA inspected at the site, as well as their compliance with Sec. 194.24 requirements.

III. Proposed Baseline Compliance Decision

EPA has performed a baseline inspection of RH TRU waste characterization activities at ORNLCCP (EPA Inspection No. EPAORNL CCPRH4.088). The purpose of EPA's inspection was to verify that the waste characterization program implemented at ORNLCCP for
characterizing RH TRU, retrievablystored, debris waste is technically adequate and meets the regulatory requirements at 40 CFR 194.24.

The RH waste that DOE is proposing for WIPP disposal is generated from operation of the Radiochemical Engineering Development Center (REDC) hot cell laboratory at ORNL. The REDC was used primarily to recover and purify curium for fabrication into targets. The same facility and apparatus were used to separate, purify and store transcurium \1\ radionuclides produced by irradiation of curium targets in the ORNL High Flux Isotope Reactor (HFIR) from 1991 until February 2007 for a variety of commercial and federal applications. The REDC also processed Mark42 target assemblies to recover plutonium, americium and curium isotopes that were shipped to the Los Alamos National Laboratory (LANL). A target is a material that was placed within the HFIR primarily for defense programs (see attached inspection report for more information on this topic).
\1\ Transcurium isotopes are elements with atomic numbers (No.) greater than that of Curium (Cm), 96, i.e., berkelium (Bk), atomic No. 97; californium (Cf), atomic No. 98; einsteinium (Es), atomic No. 99; fermium (Fm), atomic No. 100; and mendelevium (Md), atomic No. 101. By definition, these are potentially TRU, depending on their radioactive emission (alpha, beta, or gamma) and halflife, even though they may contain small or immeasurable concentrations of plutonium and/or americium isotopes normally associated with TRU wastes.

ORNLCCP stores RH waste from the REDC in concrete casks, boxes, and drums at ORNL. These wastes are transferred to the TRU Waste Processing Center (TWPC) hot cells for repackaging into 55gallon (208 liter) drums for characterization. ORNLCCP was expecting EPA to evaluate for approval RH debris waste from three time periods (April 1972November 1978, December 1978October 1991, and November 1991 February 2007). Early in the inspection, EPA inspectors concluded that ORNLCCP had done limited characterization work for the first two time periods and the available information for the earlier periods was not complete. As a result, EPA inspectors informed the Carlsbad Area Field Office (CBFO) and ORNLCCP that the scope of the inspection would only cover debris waste generated from November 1991February 2007. Today's proposed baseline approval, therefore, is limited to retrievablystored RH TRU debris wastes that were generated during this specific time frame.

ORNL initially stored these wastes in 32 concrete casks. ORNLCCP presented preliminary information regarding RH TRU debris wastes that had been generated in two other time periods; the PreSolvent Extraction Test Facility (SETF) period from April 1972November 1978 and the SETF period from December 1978October 1991. At the time of this inspection, characterization of the PreSETF and SETF wastes had not begun and there was insufficient objective evidence to support their approval. ORNLCCP has stated that they will present these wastes for EPA approval in the future and EPA will evaluate each of these as Tier 1 (T1) changes in accordance with the tiering described in the accompanying inspection report.

The EPA inspection team identified four concerns related to waste characterization processes ORNLCCP had implemented to characterize retrievablystored RH debris waste (see Attachment B of the accompanying inspection report). ORNLCCP revised specific documents to address the concerns and submitted them for EPA review following the initial onsite inspection. The EPA inspection team completed their review of the revised documents and determined that the revised documents adequately addressed all aspects of the four EPA concerns.

EPA has determined that the ORNLCCP RH waste characterization program was technically adequate and that all concerns have been resolved. Therefore, EPA is proposing to approve the ORNLCCP RH waste characterization program for ORNL RH Waste Stream ORREDCRHHET that was evaluated during this baseline inspection, as described and documented in the accompanying inspection report. The proposed approval includes the following:
(1) The AK process for the RH retrievablystored TRU debris waste stream designated as Waste Stream ORREDCRHHET that was generated from REDC activities conducted between November 1991 and February 2007 that is currently stored at ORNL and will be repackaged into 55gallon drums.
(2) The radiological characterization process using DTC and scaling factors for assigning radionuclide values to Waste Stream ORREDCRH HET that is documented in CCPAKORNL501, Revisions 0 and 1, and detailed in this report.
(3) The VE process to identify waste material parameters and the physical form of the waste.
(4) The WWIS to submit data for both characterization and certification for RH TRU waste.
(5) The attainment of pertinent data quality objectives (DQOs).

ORNLCCP must report and receive EPA approval of any Tier 1 (T1) changes to the ORNLCCP waste characterization activities from the date of the baseline inspection, and ORNLCCP must notify EPA regarding Tier 2 (T2) changes according to Table 1, below. Table 1 in this report closely follows the format used in recent CH and RH baseline approval reports.
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Table 1Tiering of RH TRU Waste Characterization Processes Implemented by ORNLCCP, Based on June 30July 2, 2008 Baseline Inspection ORNLCCP RH WC

RH WC Process elements ORNLCCP RH WC ProcessT2 ProcessT1 Changes Changes \a\ Acceptable Knowledge (AK)..... Addition of any new Notification to waste streams not EPA when approved under this updates are baseline (AK1). made to the documents included in AK 1, AK2, AK3, AK4, AK6, AK 9, AK13, AK14 and AK15, outside of the specific T1 changes listed in the previous column. Modification of the Notification to approved population EPA of of the ORREDCRHHET availability of wastes to include any and/or containers not revisions to included in the CCP Add Container AKORNL501, Revision Memoranda (AK 1 analysis (AK1). 3). Modification(s) Notification to resulting from EPA of incorporation of new availability of information specific documentation to the approved RH of RH sample debris waste (ORREDC reclassified as RHHET) population to CH and subject the following to confirmatory documents: CSSF (AK1 analyses via and AK2); CCPAK NDA (AK9). ORNL501 (AK1); CCP
AKORNL500 (AK2 and
AK9); AKSR (AK6);
CTP (AK9); AK
Accuracy Reports (AK
1 and AK15); and the
WSPF (AK14).
Implementation of load Notification to management (AK16). EPA of availability of DRF(s) or data limitation information pertaining to CCP's assessment of ORNL's original radiological characterizatio n of wastes generated post 1999 (AK13). Radiological Characterization, Application of new Revisions of CCP DosetoCurie (DTC) and the scaling factors for AKORNL501 or application of radionuclide isotopic CCPTP504 that specific scaling factors. determination other require CBFO than those documented approval (RC in CCPAKORNL501 3), (RC4), (RC (RC3). 8). Use of any alternate Results from the radiological any RH TRU characterization container(s) procedure other than that qualify as DTC, with established CH and are scaling factors as subject to NDA documented in CCPTP (RC8). 504, Revision 6, or
substantive
modification of the
DTC procedure \b\ (RC
4).
Any new waste stream ................ not approved under
this baseline or
addition of
containers to Waste
Stream ORREDCRHHET
that requires
changing the
documented
radionuclide scaling
factors in CCPAK
ORNL501 (RC4).
Visual Examination (VE)....... Implementation of VE Changes to VE by any system other procedure(s) than two operators that require performing VE \c\ (VE CBFO approval 2). (VE1). Addition of new Sample Category Groups to the VE process that is subject to this proposed approval (VE 2). WIPP Waste Information System None at this time..... Changes to WWIS (WWIS). procedure(s) that require CBFO approval (WWIS1). Changes to the Excel spreadsheet titled WWIS Data Entry Summary Characterizatio n and Certification (WWIS2). \a\ Upon receiving EPA approval, ORNLCCP will report all T2 changes to EPA at the end of each fiscal quarter.
\b\ ``Substantive changes'' means changes with the potential to impact the site's waste characterization activities or documentation thereof, excluding changes that are solely related to ES&H, nuclear safety, or RCRA, or that are editorial in nature.
\c\ 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 safetyrelated equipment. IV. Availability of the Baseline Inspection Report for Public Comment

EPA has placed the report discussing the results of the Agency's inspection of the ORNLCCP Site 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 proposed approval decision, as described in the inspection report. EPA will accept public comment on this notice and supplemental information as described in Section 1.B. above. EPA will not make a determination of compliance before the 45day comment period ends. At the end of the public comment period, EPA will evaluate all relevant public comments and revise the inspection report as necessary. If appropriate, the Agency will then issue a final approval letter and inspection report, both of which will be posted on the WIPP Web site.

Information on the certification decision is filed in the official EPA Air Docket, Docket No. A9302 and is available for review in Washington, DC, and at the three EPA WIPP informational docket locations in Albuquerque, Carlsbad, and Santa Fe, 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 [[Page 72047]]
official Air Docket since the October 1992 enactment of the WIPP LWA.

Dated: November 18, 2008.
Elizabeth Cotsworth,
Director, Office of Radiation and Indoor Air.
[FR Doc. E828124 Filed 112508; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT

Rajani Joglekar or Ed Feltcorn, Radiation
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Protection Division, Center for Waste Management and Regulation, Mail Code 6608J, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC, 20460; telephone number: 2023439601; fax number: 2023432305; email address: joglekar.rajani@epa.gov or feltcorn.ed@epa.gov.