[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Proposed Rules]
[Pages 39131-39132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18834]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-5266-7]
RIN 2060-AE30


Criteria for the Certification and Determination of the Waste 
Isolation Pilot Plant's Compliance With Environmental Standards for the 
Management and Disposal of Spent Nuclear Fuel, High-Level and 
Transuranic Radioactive Wastes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; Re-opening public comment period.

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SUMMARY: The Environmental Protection Agency (EPA) is re-opening the 
public comment period on previously proposed criteria for certifying 
and determining whether the Department of Energy's Waste Isolation 
Pilot Plant (WIPP) complies with the disposal standards set forth in 40 
CFR 191 (Environmental Radiation Protection Standards for the 
Management and Disposal of Spent Nuclear Fuel, High-Level and 
Transuranic Radioactive Wastes). The proposed criteria and accompanying 
information were published in the Federal Register on January 30, 1995 
(60 FR 5766-5791).

DATES: Comments in response to today's document must be received by 
September 15, 1995.

ADDRESSES: Comments in response to today's document should be 
submitted, in duplicate, to: Docket No. A-92-56, Air Docket, room M-
1500 (6102), U.S. Environmental Protection Agency, 401 M Street SW., 
Washington, DC, 20460.

FOR FURTHER INFORMATION CONTACT: Mary Kruger or Elizabeth Forinash; 
telephone (202) 233-9310; address: Criteria and Standards Division, 
Mail Code 6602J, U.S. Environmental Protection Agency, 401 M Street 
SW., Washington, DC, 20460. The proposed criteria and supplementary 
information are located in Docket A-92-56. The DOE draft compliance 
application, described below, is located in Docket A-93-02

SUPPLEMENTARY INFORMATION: The Department of Energy has proposed to use 
the WIPP, an underground geological repository in Eddy County, New 
Mexico, for the disposal of radioactive waste generated by atomic 
energy defense activities. On January 30, 1995 (60 FR 5766-5791), EPA 
published proposed criteria for certifying and determining whether the 
WIPP complies with EPA's radiation protection disposal standards set 
forth in 40 CFR 191. The final criteria will be used by EPA in 
determining whether the WIPP disposal system complies with the disposal 
standards, based on a compliance certification application to be 
submitted by DOE. See section 8 of the WIPP Land Withdrawal Act, Pub. 
L. No. 102-579.
    EPA held a 90-day public comment period on the January 30, 1995 
proposed WIPP compliance criteria that concluded on May 1, 1995. See 60 
FR at 5766. EPA also conducted public hearings to receive additional 
public comments on the proposed criteria. The hearings were held in New 
Mexico from March 21-24, 1995. See 60 FR at 11060.
    EPA received a request that EPA extend the initial 90-day public 
comment period by at least 30 days. In addition, DOE has submitted to 
EPA, in two parts, a draft compliance certification application. The 
DOE submittals have been placed in the compliance certification docket 
No. A-93-02, identified above. EPA does not expect DOE's draft 
compliance certification application to influence the contents of EPA's 
final compliance criteria. Nevertheless, members of the public have 
expressed concern that the draft application may affect EPA's final 
criteria.
    EPA is re-opening the public comment period on the proposed 
compliance criteria until September 15, 1995, after considering the 
general request to extend the initial public comment period and to 
provide an opportunity for the public to comment on the proposed 
compliance criteria in light of DOE's draft compliance certification 
application. Comments in response to today's document must be received 
by September 15, 1995. The public is referred to the January 30, 1995 
Federal Register, 60 FR 5766-5791, which contains the compliance 
criteria and accompanying information.
    EPA will shortly announce a separate opportunity for public comment 
on DOE's draft compliance certification application. These comments 
will be considered in EPA's staff-level review of the draft 
application. EPA's staff-level review of the DOE draft application has 
no binding legal effect. EPA will determine whether the WIPP facility 
is in compliance with EPA's radiation disposal standards only after EPA 
issues final compliance criteria, receives a final DOE compliance 
certification application, and conducts a WIPP certification rulemaking 
proceeding in accordance with the Administrative Procedure Act 
rulemaking requirements at 5 U.S.C. 553.

Additional Docket Information

    The Agency is currently maintaining the following public 
information dockets: (1) Dockets No. A-92-56 and A-93-02, located in 
room 1500 (first floor in Waterside Mall near the Washington 
Information Center), U.S. Environmental Protection Agency, 401 M Street 
SW., Washington, DC 20460 (open from 8:00 a.m. to 4:00 p.m. on 
weekdays); (2) EPA's docket in the Government Publications Department 
of the Zimmerman Library of the University of New Mexico located in 
Albuquerque, New Mexico (open from 8:00 a.m. to 9:00 p.m. on Monday 
through Thursday, 8:00 a.m. to 5:00 p.m. on Friday, 9:00 a.m. to 5:00 
p.m. on Saturday, and 1:00 p.m. to 9:00 p.m. on Sunday); (3) EPA's 
docket in the Fogelson Library of the College of Santa Fe in Santa Fe, 
New Mexico located at 1600 St. Michaels Drive (open from 8:00 a.m. to 
12:00 midnight on Monday through Thursday, 8:00 a.m. to 5:00 p.m. on 
Friday, 9:00 a.m. to 5:00 p.m. on Saturday, 1:00 p.m. to 9:00 p.m. on 
Sunday); and (4) EPA's docket in the Municipal Library of Carlsbad, New 
Mexico located at 101 S. Halegueno (open from 10:00 a.m. to 9:00 p.m. 
on Monday through Thursday, 10:00 a.m. to 6:00 p.m. on Friday and 
Saturday, and 1:00 p.m. to 5:00 p.m. on Sunday). As provided in 40 CFR 
part 2, a 

[[Page 39132]]
reasonable fee may be charged for photocopying docket materials.
Richard Wilson,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 95-18834 Filed 7-31-95; 8:45 am]
BILLING CODE 6560-50-P