[Federal Register Volume 60, Number 201 (Wednesday, October 18, 1995)]
[Notices]
[Pages 53921-53922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25774]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5314-2]


Draft Compliance Application Guidance (CAG) Document

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: Pursuant to the Waste Isolation Pilot Plant Land Withdrawal 
Act, Public Law 102-579, EPA has issued proposed criteria for 
certifying whether the Department of Energy's (DOE) Waste Isolation 
Pilot Plant (WIPP) is in compliance with EPA's radioactive waste 
disposal standards set forth at 40 CFR part 191 (``Environmental 
Radiation Protection Standards for Management and Disposal of Spent 
Nuclear Fuel, High-Level and Transuranic Radioactive Wastes''). See 60 
FR 5766 (Jan. 30, 1995) (proposed compliance criteria). The EPA is 
developing a WIPP compliance application guidance document that is 
intended to be a companion to and based upon the WIPP compliance 
criteria. The EPA is hereby announcing that a draft WIPP compliance 
application guidance document is available for public comment. The 
draft guidance document summarizes and, in some instances, provides 
non-binding interpretations of the proposed WIPP compliance criteria 
published on January 30, 1995. The EPA will fully consider timely 
public comments in developing and revising the guidance document.

DATES: Comments in response to today's notice must be received by 
December 18, 1995.

ADDRESSES: Copies of the draft compliance application guidance document 
are available to the public at EPA Docket No. A-93-02 (Category II-B) 
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 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 compliance application guidance document 
should be submitted, in duplicate, to: Docket No. A-93-02 (Category II-
D), 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: Tom Peake, 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. 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, to be codified at 40 CFR part 194, 
for certifying whether the WIPP facility will comply with EPA's 
radioactive waste disposal standards. See 60 FR 5766 (Jan. 30, 1995) 
``Criteria for 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.''. 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 compliance application guidance (CAG), the subject of this 
notice, is a guidance document for the proposed rule 40 CFR part 194. 
The proposed compliance criteria provide that EPA's evaluation for 
certifying, by rule, whether WIPP is in compliance with the radioactive 
waste disposal standards will be initiated after EPA determines that 
DOE has submitted a complete compliance certification application. See, 
e.g., 60 FR 5784-85. The draft CAG summarizes and interprets the 
proposed criteria related to the contents of the compliance 
certification application and, when revised, is intended to guide EPA's 
assessment of whether the DOE compliance application is complete.
    By this notice, the EPA is inviting the public to participate in 
the development of the CAG, available in draft at the 

[[Page 53922]]
public dockets identified above, by submitting written comments for 
EPA's consideration. EPA requests public comments on all aspects of the 
draft CAG. In particular, EPA requests the public's views on the 
following questions: (1) Does the draft CAG clearly describe EPA's 
expectations of a complete application? (2) Are there areas where you 
believe the CAG may exceed the requirements of the proposed 40 CFR part 
194? Please provide examples. (3) How can the guidance be improved? 
Please provide examples.
    The draft CAG is based upon the proposed compliance criteria. The 
CAG, as revised, will not establish new compliance criteria or 
standards and will not establish binding rights or duties but will be a 
non-binding guide for EPA's completeness assessment. This notice is not 
inviting comments on the proposed compliance criteria. The request for 
public comments is limited to the contents of the draft CAG and its 
consistency with the proposed compliance criteria.
    The draft CAG will be revised and made available to the public 
after the final compliance criteria are issued. Because it is a non-
binding, interpretive document, the CAG is not subject to the notice-
and-comment rulemaking requirements of the Administrative Procedure 
Act, 5 U.S.C. 553. Thus, EPA does not plan to provide written responses 
to the public comments submitted. Nevertheless, EPA will fully consider 
public comments in developing the revised CAG and will make any 
revisions necessary to reflect modifications to the final compliance 
criteria.
    As noted, the CAG will guide EPA's assessment of whether DOE's 
compliance certification application is complete. Subsequently, EPA 
will determine, by rule, whether the WIPP facility is in compliance 
with the EPA's radioactive waste disposal standards. See section 8(d) 
of the WIPP Land Withdrawal Act. EPA's certification decision will be 
made only after EPA reviews DOE's compliance certification application 
based on the final compliance criteria, and conducts a WIPP 
certification proceeding in accordance with the Administrative 
Procedure Act rulemaking requirements at 5 U.S.C. 553. Thus, before the 
Administrator of EPA makes any final WIPP certification decision, EPA 
will issue a proposed decision in the Federal Register and provide an 
opportunity for public comment on the proposal. The subsequent final 
certification decision by the Administrator will consider the comments 
received in response to the proposal and be accompanied with a reply to 
significant public comments.
Mary D. Nichols,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 95-25774 Filed 10-17-95; 8:45 am]
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