[Federal Register Volume 82, Number 46 (Friday, March 10, 2017)]
[Proposed Rules]
[Pages 13282-13285]
[FR Doc No: 2017-04800]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[EPA-HQ-OAR-2014-0609; FRL-9958-69-OAR]

Notification of Completeness of the Department of Energy's
Compliance Recertification Application for the Waste Isolation Pilot
Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of completeness of recertification application and
announcement of end of public comment period.

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SUMMARY: The Environmental Protection Agency (EPA or ``the Agency'')
has determined that the Department of Energy's (DOE) Compliance
Recertification Application (CRA or ``application'') for the Waste
Isolation Pilot Plant (WIPP) is complete. The EPA provided written
notice of the completeness decision to the Secretary of Energy on
January 13, 2017. The text of the letter is contained in the
SUPPLEMENTARY INFORMATION.
    The Agency has determined that the application is complete, in
accordance with EPA regulations. The completeness determination is an
administrative step that is required by regulation, and it does not
imply in any way that the CRA demonstrates compliance with the
Compliance Certification Criteria or the disposal regulations. The EPA
is now engaged in the full technical review that will determine if the
WIPP remains in compliance with the disposal regulations. As required
by the 1992 WIPP Land Withdrawal Act and its implementing regulations,
the EPA will make a final recertification decision within six months of
issuing the completeness letter to the Secretary of Energy.

DATES: The EPA opened the public comment period upon receipt of the
2014 CRA (79 FR 61268, October 10, 2014). Comments must be received on
or before April 10, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0609, 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 Once submitted, comments cannot be edited or withdrawn.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
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information of which 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: Ray Lee, Radiation Protection
Division, Center for Radiation Information and Outreach, Mail Code
6608T, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
343-2305; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

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 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

    The Waste Isolation Pilot Plant (WIPP) was authorized in 1980,
under section 213 of the DOE National Security and Military
Applications of Nuclear Energy Authorization Act of 1980 (Pub. L. 96-
164, 93 Stat. 1259, 1265), ``for the express purpose of providing a
research and development facility to demonstrate the safe disposal of
radioactive wastes resulting from the defense activities and programs
of the United States.'' The WIPP is a disposal system for transuranic
(TRU) radioactive waste. Developed by the DOE, the facility is located
near Carlsbad in southeastern New Mexico. TRU waste is emplaced 2,150
feet underground in an ancient layer of salt that will eventually
``creep'' and encapsulate the waste containers. The WIPP has a total
capacity of 6.2 million cubic feet for TRU waste.
    The 1992 WIPP Land Withdrawal Act (LWA; Pub. L. 102-579) \1\ limits
radioactive waste disposal in the WIPP to TRU radioactive wastes
generated by defense-related activities. TRU waste is defined as waste
containing more than 100 nano-curies per gram of alpha-emitting
radioactive isotopes, with half-lives greater than twenty years and
atomic numbers greater than 92. The WIPP LWA further stipulates that
radioactive waste shall not be TRU waste if such waste also meets the
definition of high-level radioactive waste, has been specifically
exempted from regulation with the concurrence of the Administrator, or
has been approved for an alternate method of disposal by the Nuclear
Regulatory Commission. The TRU radioactive waste proposed for disposal
in the WIPP consists of materials such as rags, equipment, tools,
protective gear and sludges that have become contaminated during atomic
energy defense activities. The radioactive component of TRU waste
consists of man-made elements created during the process of nuclear
fission, chiefly isotopes of plutonium. Some TRU waste is contaminated
with hazardous wastes regulated under the Resource Conservation and
Recovery Act (RCRA; 42 U.S.C. 6901-6992k). The waste proposed for
disposal at the WIPP derives from federal facilities across the United
States, including locations in California, Colorado, Idaho, New Mexico,
Nevada, Ohio, South Carolina, Tennessee and Washington.
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    \1\ The 1992 WIPP Land Withdrawal Act was amended by the ``Waste
Isolation Pilot Plant Land Withdrawal Act Amendments,'' which were
part of the National Defense Authorization Act for Fiscal Year 1997.
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    The WIPP must meet the EPA's generic disposal standards at 40 CFR
part 191, subparts B and C, for high-level and TRU radioactive waste.
These standards limit releases of radioactive materials from disposal
systems for radioactive waste, and require implementation of measures
to provide confidence for compliance with the radiation release limits.
Additionally, the regulations limit radiation doses to members of the
public, and protect ground water resources by establishing maximum
concentrations for radionuclides in ground water. To determine whether
the WIPP performs well enough to meet these disposal standards, the EPA
issued the WIPP Compliance Certification Criteria (40 CFR part 194) in
1996. The Compliance Certification Criteria interpret and implement the
disposal standards specifically for the WIPP site. They describe what
information the DOE must provide and how the Agency evaluates the
WIPP's performance and provides ongoing independent oversight. The EPA
implemented its environmental radiation protection standards, 40 CFR
part 191, by applying the Compliance Certification Criteria to the
disposal of TRU radioactive waste at the WIPP. For more information
about 40 CFR part 191, refer to Federal Register documents published in
1985 (50 FR 38066-38089, Sep. 19, 1985) and 1993 (58 FR 66398-66416,
Dec. 20, 1993). For more information about 40 CFR part 194, refer to
Federal Register documents published in 1995 (60 FR 5766-5791, Jan. 30,
1995) and in 1996 (61 FR 5224-5245, Feb. 9, 1996).
    Using the process outlined in the Compliance Certification
Criteria, the EPA determined on May 18, 1998 (63 FR 27354), that the
DOE had demonstrated that the WIPP facility will comply with the
Agency's radioactive waste disposal regulations at subparts B and C of
40 CFR part 191. The Agency's certification determination permitted the
WIPP to begin accepting transuranic waste for disposal, provided that
other applicable conditions and environmental regulations were met. The
DOE began disposing of TRU waste at the WIPP in March 1999.
    Since the 1998 certification decision (and the 2006 and 2010
recertification decisions), the EPA has conducted ongoing independent
technical review and inspections of all WIPP activities related to
compliance with the Agency's disposal regulations. The initial
certification decision identified the starting (baseline) conditions
for the WIPP and established the waste and facility characteristics
necessary to ensure proper disposal in accordance with the regulations.
Section 8(f) of the amended WIPP LWA requires the EPA to determine
every five years if the facility continues to comply with the Agency's
disposal regulations. In accordance with that same section, this
determination is not subject to standard rulemaking procedures or
judicial review. The first recertification process (2004-2006) included
a review of all of the changes made at the WIPP since the original 1998
EPA certification decision up until the receipt of the initial CRA in
March 2004. Subsequently, the second recertification process (2009-
2010) included a review of all the changes made at the WIPP since 2004
and up to the second CRA in March 2009. This third recertification
process includes a review of all changes since 2009.
    Recertification is not a reconsideration of the decision to open
the WIPP, but a process to reaffirm that the facility meets all
requirements of the disposal regulations. The recertification process
will not be used to approve any new significant changes proposed by the
DOE; any such proposals will be addressed separately by the EPA.
Recertification will ensure that the WIPP is operated using the most
accurate and up-to-date information available and provides
documentation requiring the Department to operate to these standards.
    In a letter dated January 13, 2017, from the EPA's Director of the
Office of Radiation and Indoor Air to the Secretary of Energy (full
text of letter provided at the end of this document), the Agency
notified the Department that the 2014 CRA for the WIPP is complete.
This determination is solely an administrative measure and does not
reflect any conclusion regarding the

WIPP's continued compliance with the disposal regulations.
    This determination was made using a number of the Agency's WIPP-
specific guidances; most notably, the ``Compliance Application
Guidance'' (CAG; EPA Pub. 402-R-95-014) and ``Guidance to the U.S.
Department of Energy on Preparation for Recertification of the Waste
Isolation Pilot Plant with 40 CFR parts 191 and 194'' (Docket A-98-49,
Item II-B3-14; December 12, 2000). Both guidance documents include
guidelines regarding: (1) Content of certification/recertification
applications; (2) documentation and format requirements; (3) time frame
and evaluation process; and (4) change reporting and modification. The
Agency developed these guidance documents to assist the DOE with the
preparation of any compliance application for the WIPP. They are also
intended to assist in the EPA's review of any application for
completeness and to enhance the readability and accessibility of the
application for the Agency and for the public.
    The EPA has been reviewing the 2014 CRA for ``completeness'' since
its receipt. The Agency's review identified several areas of the
application where additional information was necessary to perform a
technical evaluation. The EPA sent a series of letters to the DOE
requesting additional information, and the Department provided
documents and analyses in response to these requests. This
correspondence is summarized in the enclosure sent with the letter to
the Secretary of Energy, and that letter--along with all other
completeness-related correspondence--is available in the Agency's
public dockets (www.regulations.gov; Docket ID: EPA-HQ-OAR-2014-0609).
Links to the electronic docket and additional information are also
available at the EPA's WIPP Web site (http://www.epa.gov/radiation/wipp).
    Since receipt of the 2014 CRA, the Agency has received a number of
public comments from stakeholder groups regarding both the completeness
and technical adequacy of the recertification application. In addition
to soliciting written public comments, the EPA held a series of public
meetings in New Mexico (June 2015) as well as an informal webinar
(January 2017) to discuss stakeholders' concerns and issues related to
recertification. The Agency received a number of comments pertinent to
the 2014 CRA, most notably related to the modeling parameters for
performance assessment calculations, issues associated with the
February 2014 radiological incident at the facility, and concerns
regarding the reported WIPP waste inventory. These comments helped in
developing the Agency's requests for additional information from the
DOE.
    The EPA will now undertake a full technical evaluation of the
complete 2014 CRA to determine whether the WIPP continues to comply
with the radiation protection standards for disposal. The Agency will
also consider any additional public comments and other information
relevant to the WIPP's compliance. The Agency is most interested in
whether new or changed information has been appropriately incorporated
into the performance assessment calculations for the WIPP and whether
the potential long-term effects of changes are properly characterized.
    If the Agency approves the application, it will set the parameters
for how the WIPP will be operated by the DOE over the following five
years. The approved CRA will then serve as the baseline for the next
recertification. As required by the WIPP LWA, the EPA will make a final
recertification decision within six months of issuing its completeness
determination.

January 13, 2017
Honorable Dr. Ernest Moniz
Secretary
U.S. Department of Energy
1000 Independence Avenue SW.,
Washington, DC 20585
Dear Mr. Secretary:
    Pursuant to Section 8(f) of the Waste Isolation Pilot Plant (WIPP)
Land Withdrawal Act, as amended, and in accordance with the WIPP
Criteria at 40 CFR Sec.  194.11, I hereby notify you that the U.S.
Environmental Protection Agency (EPA or ``Agency'') has determined that
the U.S. Department of Energy's (DOE or ``Department'') 2014 Compliance
Recertification Application (CRA) for the WIPP is complete. This
completeness determination is an administrative determination required
under the WIPP Compliance Criteria, which implements the Radioactive
Waste Disposal Regulations at subparts B and C of 40 CFR part 191.
While the completeness determination initiates the six-month evaluation
period provided in section 8(f)(2) of the Land Withdrawal Act, it does
not have any generally applicable legal effect. Further, this
determination does not imply or indicate that the DOE's CRA
demonstrates compliance with the Compliance Criteria or the Disposal
Regulations.
    Section 8(f) of the amended Land Withdrawal Act requires the EPA to
determine every five years if the facility continues to comply with the
EPA's disposal regulations. This third recertification process includes
a review of all changes made at the WIPP for the five-year period of
March 2009 through March 2014.
    Under the applicable regulations, the EPA may recertify the WIPP
only after the Department has submitted a complete application (see 40
CFR Sec.  194.11). The DOE submitted the CRA on March 26, 2014. On
September 29, 2014, the Agency began its official review to determine
whether the application was complete. Shortly thereafter, the EPA began
to identify areas of the 2014 CRA that required supplementary
information and analyses. In addition, the Agency held informal public
meetings on the CRA in Carlsbad and Albuquerque, NM in June 2015. As a
result of these meetings, the Agency received public comments and
identified areas where additional information was needed for the EPA's
review. A final webinar relating to this completeness evaluation--
accessible online by any interested individuals (and with hosting
locations in Carlsbad and Albuquerque, NM)--was held on January 12,
2017.
    The Agency identified completeness concerns in a series of letters
and correspondence to successive managers and their staff at the DOE's
Carlsbad Field Office (CBFO) during the completeness review period.
This correspondence is summarized on the enclosed list.
    All completeness-related correspondence has been placed in the
public docket related to the 2014 CRA on www.regulations.gov (Docket
ID#: EPA-HQ-OAR-2014-0609). This information also is available via the
EPA's WIPP website (https://www.epa.gov/radiation/certification-and-recertification-wipp).
    The Agency has been conducting a preliminary technical review of
the CRA since its submittal and has provided the DOE with relevant
technical comments on an ongoing basis. Though the EPA has made a
determination of completeness, the Agency will continue its technical
review of the 2014 CRA, and will convey further requests for additional
information and analyses as needed. The EPA will issue its compliance
recertification decision, in accordance with 40 CFR part 194 and part
191, subparts B and C, after it has thoroughly evaluated the complete
CRA and considered relevant public comments. The public comment period
on our completeness determination will remain open for 30 days
following the publication of this letter in the Federal Register.

    Thank you for your cooperation during our review process. Should
your staff have any questions regarding this request, they may contact
Tom Peake at<PHONE_NUMBER> or<EMAIL_ADDRESS>
Sincerely,
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.

    Enclosure: List of EPA Completeness Correspondence and DOE
Responses for the 2014 CRA

    Dated: January 13, 2017.
Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2017-04800 Filed 3-9-17; 8:45 am]
 BILLING CODE 6560-50-P