[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Notices]
[Pages 42566-42567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20228]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5278-3]


Department of Energy Draft Compliance Certification Application 
for the Waste Isolation Pilot Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability.

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SUMMARY: The EPA is announcing the availability of a draft compliance 
certification application for the Waste Isolation Pilot Plant (WIPP) 
submitted in two parts to the Agency by the Department of Energy (DOE) 
on March 31, 1995 and July 31, 1995, respectively. The EPA invites the 
public to provide comments to the EPA on the draft DOE compliance 
certification application. The EPA will consider these comments in 
conducting a staff-level technical review of the draft document.

DATES: Comments in response to today's notice must be received by 
October 16, 1995.

ADDRESSES: Copies of the draft DOE compliance certification application 
are available to the public at EPA Docket No. A-93-02 maintained at the 
following addresses: (1) room 1500 (first floor in the Waterside Mall 
near the Washington Information Center), U.S. Environmental Protection 
Agency, Air Docket, 401 M Street, S.W., Washington, D.C. 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, located at 1600 St. Michaels Drive, Santa Fe, New 
Mexico (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 and 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 South 
Halegueno (open from 10:00 a.m. to 9:00 p.m. on 

[[Page 42567]]
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 reasonable fee may be charged for photocopying docket 
materials.
    Comments on the draft DOE application should be submitted, in 
duplicate, to: Docket No. A-93-02, U.S. Environmental Protection 
Agency, Air Docket, Room M-1500 (LE-131), 401 M Street, S.W., 
Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Agnes Ortiz or Lynne Weinrib, U.S. 
Environmental Protection Agency, Office of Radiation and Indoor Air 
(6602J), 401 M Street, S.W., Washington, D.C. 20460; (202) 233-9310.

SUPPLEMENTARY INFORMATION: The Department of Energy is proposing to use 
the Waste Isolation Pilot Plant (WIPP), located in Eddy County, New 
Mexico, as a deep geologic repository for the disposal of transuranic 
radioactive waste generated by nuclear defense activities. The 1992 
Waste Isolation Pilot Plant Land Withdrawal Act, (Pub. L. No. 102-579), 
calls for the EPA to perform several regulatory activities for the WIPP 
including: (1) issuing radioactive waste disposal standards; (2) 
establishing criteria for the EPA to determine whether the WIPP 
complies with the radioactive waste disposal standards; and (3) 
certifying whether the DOE's WIPP facility complies with the disposal 
standards, based on a DOE submitted compliance certification 
application. See section 8 of the WIPP Land Withdrawal Act. The WIPP 
Land Withdrawal Act prohibits the DOE from commencing with the 
emplacement of transuranic waste for underground disposal at the WIPP 
until the EPA certifies that the facility will comply with EPA's 
radioactive waste disposal standards. See section 7(b) of the WIPP Land 
Withdrawal Act.
    The EPA has issued final radioactive waste disposal standards, 
which are codified at 40 CFR part 191. See 58 FR 66398 (Dec. 20, 1993). 
The EPA has also proposed criteria for certifying whether the WIPP 
facility will comply with EPA's radioactive waste disposal standards. 
See 60 FR 5766 (Jan. 30, 1995). After considering a request to extend 
the initial public comment period and in order to provide an 
opportunity for the public to comment on the proposed compliance 
criteria in light of the DOE's draft compliance certification 
application, the EPA recently announced that it was reopening the 
public comment period on the proposed compliance criteria. See 60 FR 
39131 (August 1, 1995). The public is referred to the December 20, 1993 
and January 30, 1995 Federal Register notices for more detailed 
information about the EPA's regulatory activities at the WIPP.
    The DOE submitted a draft compliance certification application to 
the EPA in two parts on March 31, 1995 and July 31, 1995, respectively. 
The DOE intends for this draft application to provide preliminary 
information on data gathered for the WIPP and to solicit feedback 
regarding the technical adequacy of the data in an effort to prepare 
for its final compliance certification application. The EPA staff will 
conduct a technical review of the draft application and provide 
comments to DOE on its technical adequacy. By this notice, the EPA is 
inviting the public to participate in the review of the draft 
application, available at the public dockets identified above, by 
submitting written comments for the EPA's consideration in its staff-
level technical review of the draft application. The EPA's technical 
review of the draft application is not subject to the notice-and-
comment rulemaking requirements of the Administrative Procedure Act, 5 
U.S.C. 553, and the EPA does not plan to provide written response to 
the public comments submitted. However, public comments on the DOE's 
draft application which are submitted to the EPA will be available at 
EPA Docket No. A-93-02 along with the EPA's review comments.
    The EPA's review of the DOE draft application is not a final EPA 
action and has no binding legal effect. The Agency cannot, by law, 
approve or certify any part of the draft application. Further, the EPA 
has not issued the final criteria for determining whether the WIPP 
facility is in compliance with the radioactive waste disposal 
standards. The Administrator of the EPA will determine whether the WIPP 
facility is in compliance with the EPA's radioactive waste disposal 
standards only after the Agency issues final compliance criteria, 
receives a final DOE compliance certification application based on the 
final compliance criteria, and conducts a WIPP certification rulemaking 
proceeding in accordance with the Administrative Procedure Act 
rulemaking requirements at 5 U.S.C. 553. In addition, before the 
Administrator of the EPA makes any final WIPP certification 
determination, the EPA will issue a proposed determination in the 
Federal Register and provide an opportunity for public comment on the 
proposal. The subsequent final certification determination by the 
Administrator will consider the comments received in response to the 
proposal and be accompanied with a reply to significant public 
comments.

    Dated: August 10, 1995.
Mary Nichols,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 95-20228 Filed 8-15-95; 8:45 am]
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