[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR194.24]
[Page 48-49]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 194_CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE
ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL
REGULATIONS--Table of Contents
Subpart C_Compliance Certification and Re-certification
Sec. 194.24 Waste characterization.
(a) Any compliance application shall describe the chemical,
radiological and physical composition of all existing waste proposed for
disposal in the disposal system. To the extent practicable, any
compliance application shall also describe the chemical, radiological
and physical composition of to-be-generated waste proposed for disposal
in the disposal system. These descriptions shall include a list of waste
components and their approximate quantities in the waste. This list may
be derived from process knowledge, current non-destructive examination/
assay, or other information and methods.
(b) The Department shall submit in the compliance certification
application the results of an analysis which substantiates:
(1) That all waste characteristics influencing containment of waste
in the disposal system have been identified and assessed for their
impact on disposal system performance. The characteristics to be
analyzed shall include, but shall not be limited to: Solubility;
formation of colloidal suspensions containing radionuclides; production
of gas from the waste; shear strength; compactability; and other waste-
related inputs into the computer models that are used in the performance
assessment.
(2) That all waste components influencing the waste characteristics
identified in paragraph (b)(1) of this section have been identified and
assessed for their impact on disposal system performance. The components
to be analyzed shall include, but shall not be limited to: metals;
cellulosics; chelating agents; water and other liquids; and activity in
curies of each isotope of the radionuclides present.
(3) Any decision to exclude consideration of any waste
characteristic or waste component because such characteristic or
component is not expected to significantly influence the containment of
the waste in the disposal system.
(c) For each waste component identified and assessed pursuant to
paragraph (b) of this section, the Department shall specify the limiting
value (expressed as an upper or lower limit of mass, volume, curies,
concentration, etc.), and the associated uncertainty (i.e., margin of
error) for each limiting value, of the total inventory of such waste
proposed for disposal in the disposal system. Any compliance application
shall:
(1) Demonstrate that, for the total inventory of waste proposed for
disposal in the disposal system, WIPP complies with the numeric
requirements of Sec. 194.34 and Sec. 194.55 for the upper or lower
limits (including the associated uncertainties), as appropriate, for
each waste component identified in paragraph (b)(2) of this section, and
for the plausible combinations of upper and lower limits of such waste
components that would result in the greatest estimated release.
(2) Identify and describe the method(s) used to quantify the limits
of waste components identified in paragraph (b)(2) of this section.
(3) Provide information that demonstrates that the use of acceptable
knowledge to quantify components in waste for disposal conforms with the
[[Page 49]]
quality assurance requirements of Sec. 194.22.
(4) Provide information which demonstrates that a system of controls
has been and will continue to be implemented to confirm that the total
amount of each waste component that will be emplaced in the disposal
system will not exceed the upper limiting value or fall below the lower
limiting value described in the introductory text of paragraph (c) of
this section. The system of controls shall include, but shall not be
limited to: Measurement; sampling; chain of custody records; record
keeping systems; waste loading schemes used; and other documentation.
(5) Identify and describe such controls delineated in paragraph
(c)(4) of this section and confirm that they are applied in accordance
with the quality assurance requirements found in Sec. 194.22.
(d) The Department shall include a waste loading scheme in any
compliance application, or else performance assessments conducted
pursuant to Sec. 194.32 and compliance assessments conducted pursuant
to Sec. 194.54 shall assume random placement of waste in the disposal
system.
(e) Waste may be emplaced in the disposal system only if the
emplaced components of such waste will not cause:
(1) The total quantity of waste in the disposal system to exceed the
upper limiting value, including the associated uncertainty, described in
the introductory text to paragraph (c) of this section; or
(2) The total quantity of waste that will have been emplaced in the
disposal system, prior to closure, to fall below the lower limiting
value, including the associated uncertainty, described in the
introductory text to paragraph (c) of this section.
(f) Waste emplacement shall conform to the assumed waste loading
conditions, if any, used in performance assessments conducted pursuant
to Sec. 194.32 and compliance assessments conducted pursuant to Sec.
194.54.
(g) The Department shall demonstrate in any compliance application
that the total inventory of waste emplaced in the disposal system
complies with the limitations on transuranic waste disposal described in
the WIPP LWA.
(h) The Administrator will use inspections and records reviews, such
as audits, to verify compliance with this section.
[61 FR 5235, Feb. 9, 1996, as amended at 69 FR 42583, July 16, 2004]