ML24337A232

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Response Letter Review of 2024 Waste Isolation Pilot Plant Biennial Environmental Compliance Report
ML24337A232
Person / Time
Site: 07109204, 07109305, 07109218, 07109279, 07109212, OPTIMUS-L, 07109392
Issue date: 12/16/2024
From: Shana Helton
Storage and Transportation Licensing Branch
To: Shah H
Environmental Protection Agency
Shared Package
ML24337A231 List:
References
Download: ML24337A232 (1)


Text

Harry Shah, Chief, Land, Chemical and Redevelopment Division U.S. Environmental Protection Agency Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270

SUBJECT:

REVIEW OF 2024 WASTE ISOLATION PILOT PLANT BIENNIAL ENVIRONMENTAL COMPLIANCE REPORT

Dear Harry Shah:

This letter is in response to a letter from Mark Bollinger, Manager, U.S. Department of Energy (DOE), Carlsbad Field Office seeking assistance in providing the U.S. Environmental Protection Agency (EPA) with evidence that the DOE was in compliance with the laws administered by this agency applicable to the Waste Isolation Pilot Plant (WIPP) project during the time period from April 1, 2022, through March 31, 2024, as required by the WIPP Land Withdrawal Act.

As stated in the letter, DOE is periodically required to submit to the EPA and the State of New Mexico documentation of continued compliance with applicable Federal laws pertaining to the public health and the environment. The WIPP Land Withdrawal Act requires DOE to use packages certified by the U.S. Nuclear Regulatory Commission (NRC) for the transportation of transuranic (TRU) waste to WIPP for disposal.

The report discusses compliance with the applicable laws administered by the NRC from April 1, 2022, to March 31, 2024. While the NRC does not have regulatory authority over DOE or WIPP, the NRC regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 71 promulgated under the authority of the Atomic Energy Act of 1954, as amended, do apply to packages designed and utilized for shipments of TRU waste. In addition to pertaining to the certification of packages, these regulations also set the criteria and requirements for quality assurance programs as applied to transportation packages.

The NRC has certified several design packages for DOEs use in transporting TRU waste to WIPP. Below are summaries of each design Certificate of Compliance (CoC) number and associated model number issuance date. Status of the CoC and expected expiration date are also included.

December 16, 2024

H. Shah Certificate of Compliance (CoC) No.

Model No.

Initial Certificate issuance date Current CoC revision No. and issuance date Current CoC revision No.

expiration date No. 9218 TRUPACT-II August 30, 1989 No. 28, issued on September 25, 2024 September 30, 2029 No. 9204 CNS 10- 160B November 02, 1990 No. 23 issued on February 11, 2020 October 31, 2025 No. 9212 RH-TRU 72-B March 03, 2000 No. 11 issued on December 02, 2019 January 31, 2025 No. 9279 HalfPACT Waste Shipping Container November 02, 2000 No. 11 issued on November 21, 2022 November 30, 2025 No. 9305 TRUPACT-III package June 24, 2010 No. 11 issued on June 24, 2020 July 31, 2025 No. 9390 OPTIMUS - L December 16, 2021 No. 3 issued on February 06, 2024 December 31, 2026 No. 9392 OPTIMUS - H August 05, 2024 No. 0 August 31, 2029 The NRC staff conducted the following quality assurance (QA) inspections on various packages during the reporting period. On August 9-11, 2022, a QA inspection was conducted of the NAC International, CoC No. 9390, model number OPTIMUS - L. The NRC staff determined that the QA program was satisfactorily implemented, and that fabrication, assembly, and testing QA requirements of 10 CFR Part 71 have been met.

On March 12-14, 2024, a QA inspection was conducted of the DOE WIPP, applicable to the ongoing fabrication and assembly of the HalfPACT transportation packaging, CoC No. 9279.

The NRC staff determined that the HalfPACT packaging fabrication activities reviewed and witnessed were performed in a manner that satisfied NRCs QA requirements.

On April 23-25, 2024, a QA inspection was conducted of Orano Federal Services, LLC (OFS),

CoC No. 9305, model number TRUPACT-III. The NRC staff determined that OFSs QA program was satisfactorily implemented, and that design and procurement, and QA requirements of 10 CFR Part 71 have been met.

In light of the WIPP Land Withdrawal Act, the NRC staff has reviewed the records and relevant portions of Chapter 14.0 of the WIPP compliance report. Based on our review, we consider DOE is in compliance with the WIPP Land Withdrawal Act as evaluated against applicable sections of 10 CFR Part 71, promulgated under the authority of the Atomic Energy Act during the WIPP Biennial Environmental Compliance Report time period.

H. Shah If you have any questions regarding this matter, please contact Haimanot Yilma of my staff at (301) 415-5286.

Sincerely, Shana Helton, Director Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket Nos: 71-9204, 71-9212, 71-9218, 71-9279, 71-9305, 71-9390, 71-9392 cc: J. Adkins, DOE, CBFO G. T. Basabilvazo, DOE, CBFO M. Gerle, DOE, CBFO R. Knerr, DOE, CBFO M. P. Navarette, DOE, CBFO M. Bollinger, DOE, CBFO Signed by Helton, Shana on 12/16/24

ML24337A231 (pkg), ML24337A232 (ltr)

OFFICE NMSS/DFM NMSS/DFM NMSS/DFM NMSS/DFM NAME H. Yilma S. Figueroa Y. Diaz Sanabria S. Helton DATE 12/4/2024 12/4/2024 12/9/2024 12/16/2024