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Public Notice: U.S. Department of Energy Petition for a Site-Specific One-Time Variance From Treatment Standards

How to Comment

Comments accepted through: 11/10/2017

How to Comment

Copies of DOE’s petition and related and supporting materials are available for review at the below locations. Also, written comments can be submitted to either of these locations:
  • On-line using the Federal eRulemaking Portal: https://www.regulations.gov. Search for Docket ID No. EPA-R09-RCRA-2017-0568.
  • Contact for requesting documents and submitting comments by either U.S. mail or e-mail:
    Sara Ziff (ziff.sara@epa.gov) P.E.
    Project Manager
    U.S. Environmental Protection Agency, Region 9
    75 Hawthorne St. (LND-4-1)
    San Francisco, CA  94105
    (415) 972-3536

Publish Date: 10/11/2017

Summary

U.S. Department of Energy Petition for a Site-Specific One-Time Variance From Treatment Standards Under the Hazardous Waste Land Disposal Restrictions Regulations — 30 Day Comment Period Begins

EPA welcomes public comments on EPA’s intention to grant a one-time site-specific variance requested by the U.S. Department of Energy (“DOE”) from the applicable treatment standard for the disposal of twenty-one (21) cubic yards of radioactively contaminated hazardous waste, also referred to as “mixed low-level radioactive waste.” The 30-day public comment period runs from October 11 through November 10, 2017. EPA will review and consider all comments received in making its final decision on DOE’s petition.

In their petition, DOE proposes to land dispose the twenty-one (21) cubic yards of waste at the mixed low level radioactive waste facility at the Nevada National Security Site (formerly the “Nevada Test Site”) in Nye County, Nevada. This disposal would be in lieu of treating the waste, a process that would result in additional shipments and repackaging of the waste and cause additional chemical and radiation exposures of workers. Test results indicate that the waste meets the applicable treatment standards except for polychlorinated biphenyls (PCBs). The proposed disposal site, the NNSS MLLW facility, is authorized to receive PCB waste and does so routinely. Because of the additional worker exposure and because treating the waste would create an additional secondary waste, EPA believes it is technically inappropriate to require treatment to the specified level in the treatment standard. Additionally, EPA believes that DOE’s proposed disposal plan will provide appropriate and protective disposal. EPA intends to grant this petition because it believes it would be inappropriate to require treatment to the level prescribed by the land disposal restrictions regulations. EPA also believes the proposed disposal method is protective of human health and the environment. EPA’s authority to grant this type of variance is found in 40 C.F.R. § 268.44(h).

Applicant or Respondent

U.S. Department of Energy

Docket Number: