[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Notices]
[Pages 46804-46805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22651]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5605-5]


Draft Guidance for the Implementation of EPA's Radiation 
Protection Standards for Management and Storage of Radioactive Waste at 
the Waste Isolation Pilot Plant (``WIPP Subpart A Guidance'')

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the 1992 Waste Isolation Pilot Plant Land 
Withdrawal Act (LWA), Public Law 102-579, EPA is required to determine, 
on a biennial basis, whether the Waste Isolation Pilot Plant (WIPP) 
complies with 40 CFR Part 191, Subpart A, the standards for management 
and storage of radioactive waste. EPA is developing guidance for the 
implementation of the generally applicable standards of Subpart A at 
the WIPP to evaluate the facility's compliance with radiation dose 
limits to the public during the receipt and emplacement of waste in the 
disposal system, and associated activities. EPA is hereby announcing 
that draft guidance, known as the WIPP Subpart A Guidance, is available 
for public comment. The EPA will fully consider timely public comments 
in revising the guidance document.

DATES: Comments in response to today's document must be received by 
October 7, 1996.

ADDRESSES: Copies of the draft WIPP Subpart A Guidance are available to 
the public by calling EPA's WIPP Information Line at 1-800-331-WIPP. 
Copies of the draft WIPP Subpart A Guidance and supporting materials 
are also available for review at EPA's Office of Radiation and Indoor 
Air located at 501 3rd Street, N.W., Washington, D.C. 20001; and at the 
following addresses in New Mexico where EPA maintains public 
information files for the guidance: (1) Government Publications 
Department of the Zimmerman Library of the University of New Mexico 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); (2) The 
Fogelson Library of the College of Santa Fe, located at 1600 St. 
Michael's 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 (3) 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). Citizens wishing to review these 
materials should request to see the EPA ``WIPP Subpart A Guidance 
File.''
    Comments on the draft WIPP Subpart A Guidance should be submitted 
in duplicate to: Betsy Forinash, U.S. Environmental Protection Agency, 
Office of Radiation and Indoor Air (6602J), 401 M Street, S.W., 
Washington, D.C. 20460; (202) 233-9310.

FOR FURTHER INFORMATION CONTACT: Betsy Forinash, 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 draft guidance document pertains to the 
requirements established in the WIPP LWA and the federal regulations at 
40 CFR Part 191, Subpart A. The document does not establish new binding 
requirements but will guide EPA's implementation of 40 CFR Part 191, 
Subpart A at the WIPP. Subpart A is a generally applicable radiation 
protection standard that limits radiation doses to the public from 
management of transuranic radioactive waste at disposal facilities 
operated by the Department of Energy (DOE). The DOE is proposing to use 
the 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 Subpart A regulations apply to 
activities associated with receiving and emplacing the waste in the 
disposal system. (Limitations on radiation doses which may occur after 
closure of the disposal system are separately addressed by EPA's 
disposal regulations at Subparts B and C of 40 CFR Part 191, and by 
WIPP compliance criteria at 40 CFR Part 194.) The WIPP LWA requires EPA 
to determine, on a biennial basis, whether WIPP complies with Subpart A 
of 40 CFR Part 191. EPA may also conduct this determination at any 
other time. If EPA determines that the WIPP does not comply with the 
Subpart A dose standards at any time after emplacement

[[Page 46805]]

of waste has begun, the WIPP LWA requires the DOE to submit a remedial 
plan to EPA.
    This guidance describes the application of Subpart A to activities 
associated with the 25- to 30-year period during which packaged waste 
would arrive at the above ground portion of the WIPP, be unloaded and 
prepared for emplacement in the underground repository, and ultimately 
lowered down a mechanical hoist and emplaced in the mined-out 
repository, if the WIPP is approved for use as a disposal system. 
During this period, the annual doses from radiation received by members 
of the general public must not exceed the limits specified by Subpart 
A. The WIPP Subpart A Guidance interprets Subpart A for the WIPP and 
provides the Agency's recommendations for methods used to demonstrate 
and document compliance with the standards. The guidance also describes 
information DOE should report to EPA for the Agency's evaluation of the 
WIPP's compliance with the Subpart A dose limits.
    By today's action, the EPA is inviting the public to comment on the 
WIPP Subpart A Guidance, available in draft at the addresses identified 
above, by submitting written comments for EPA's consideration. EPA 
requests comments on all aspects of the draft guidance for the 
implementation of 40 CFR Part 191, Subpart A for the WIPP.
    The draft WIPP Subpart A Guidance will be revised and made 
available to the public. Revised guidance is expected to be made 
available in fall 1996. The draft guidance interprets 40 CFR Part 191, 
Subpart A. The guidance does not establish a new standard and does not 
establish binding rights or duties, but will be a non-binding guide for 
EPA's evaluation of the WIPP's compliance with Subpart A. Because it is 
a non-binding, interpretive document, the WIPP Subpart A Guidance is 
not subject to the notice-and-comment rulemaking requirements of the 
Administrative Procedures 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 
WIPP Subpart A Guidance.

    Dated: August 28, 1996.
Richard Wilson,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 96-22651 Filed 9-04-96; 8:45 am]
BILLING CODE 6560-50-P