[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Proposed Rules]
[Pages 58499-58500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29352]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5650-4]
RIN 2060-AG85

40 CFR Part 194


Decision to Certify Whether the Waste Isolation Pilot Plant 
Complies With the 40 CFR Part 191 Disposal Regulations and the 40 CFR 
Part 194 Compliance Criteria

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance Notice of Proposed Rulemaking (ANPR).

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SUMMARY: The Environmental Protection Agency (EPA) intends to certify 
whether or not the Waste Isolation Pilot Plant (WIPP) will comply with 
EPA's environmental radiation protection standards for the disposal of 
radioactive waste. The WIPP is being constructed by the Department of 
Energy (DOE) near Carlsbad, New Mexico, as a potential repository for 
the safe disposal of transuranic radioactive waste. Pursuant to the 
1992 WIPP Land Withdrawal Act, as amended, EPA must certify that the 
WIPP will comply with EPA's standards for disposal, and other statutory 
requirements must be met, before DOE may commence disposal of 
radioactive waste at the WIPP.
    EPA will determine whether the WIPP will comply with EPA's 
standards for disposal based on the application submitted by the 
Secretary of Energy. DOE's compliance certification application was 
received by the EPA on October 29, 1996, and a copy may be found in 
EPA's public dockets (see Additional Docket Information at the end of 
this notice). The Administrator will make a determination as to the 
completeness of the application in the near future and will notify the 
Secretary, in writing, when the Agency deems the application 
``complete.'' EPA will evaluate the ``complete'' application in 
determining whether the WIPP will comply with the radiation protection 
standards for disposal. The Agency requests public comment on all 
aspects of the DOE's application.

DATES: Comments in response to today's document and on DOE's compliance 
application must be received by March 17, 1997. Public hearings will be 
held in New Mexico during the public comment period. A separate 
announcement will be published in the Federal Register to provide 
public hearing information.

ADDRESSES: Comments and requests for public hearings should be 
submitted, in duplicate, to: Docket No. A-93-02, Air Docket, room M-
1500 (LE-131), U.S. Environmental Protection Agency, 401 M Street, 
S.W., Washington, D.C., 20460. See additional docket information in the 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Mary Kruger or Betsy Forinash; 
telephone number: (202) 233-9310; address: Radiation Protection 
Division, Mail Code 6602J, U.S. Environmental Protection Agency, 
Washington, DC 20460.

SUPPLEMENTARY INFORMATION: The Waste Isolation Pilot Plant (WIPP) was 
authorized in 1980, under section 213 of the Department of Energy (DOE) 
National Security and Military Applications of Nuclear Energy 
Authorization Act of 1980 (Pub. L. 96-164, 93 Stat. 1259, 1265), ``for 
the express purpose of providing a research and development facility to 
demonstrate the safe disposal of radioactive wastes resulting from the 
defense activities and programs of the United States.'' The WIPP is 
being constructed by the DOE near Carlsbad, New Mexico, as a potential 
repository for the safe disposal of transuranic radioactive waste.
    The 1992 WIPP Land Withdrawal Act (Pub. L. 102-579)1 limits 
radioactive waste disposal in the WIPP to transuranic radioactive 
wastes generated by defense-related activities. Transuranic waste is 
defined as waste containing more than 100 nano-curies per gram of 
alpha-emitting radioactive isotopes, with half-lives greater than 
twenty years and atomic numbers greater than 92. The Act further 
stipulates that radioactive waste shall not be transuranic waste if 
such waste also meets the definition of high-level radioactive waste, 
has been specifically exempted from regulation with the concurrence of 
the Administrator, or has been approved for an alternate method of 
disposal by the Nuclear Regulatory Commission. The transuranic 
radioactive waste proposed for disposal in the WIPP consists of 
materials such as rags, equipment, tools, protective gear, and sludges 
that have become contaminated during atomic energy defense activities. 
The radioactive component of transuranic waste consists of man-made 
elements created during the process of nuclear fission, chiefly 
isotopes of plutonium.
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    \1\ The 1992 WIPP Land Withdrawal Act was amended by the ``Waste 
Isolation Pilot Plant Land Withdrawal Act Amendments,'' which were 
part of the National Defense Authorization Act for Fiscal Year 1997.
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    The EPA is required by the WIPP Land Withdrawal Act to evaluate and 
certify whether the WIPP will comply with subparts B and C of 40 CFR 
part 191--known as the ``disposal regulations.'' These regulations 
limit releases of radioactive materials from disposal systems for 
radioactive waste, and require implementation of measures to provide 
confidence for compliance with the radiation release limits. 
Additionally, the regulations limit radiation doses to members of the 
public, and protect ground water resources by establishing maximum 
concentrations for radionuclides in ground water.
    The WIPP Land Withdrawal Act also calls for EPA to establish 
criteria implementing the disposal regulations at the WIPP. EPA 
published final criteria (40 CFR part 194) on February 9, 1996. See 61 
FR 5224. Thus, EPA will implement its environmental radiation 
protection standards, 40 CFR part 191, by applying the WIPP compliance 
criteria, 40 CFR part 194, to the proposed disposal of transuranic 
radioactive waste at the WIPP. For more information about 40 CFR part 
191, refer to Federal Register documents published in 1985 (50 FR 
38066-38089, Sep. 19, 1985) and 1993 (58 FR 66398-66416, Dec. 20, 
1993). For more information about 40 CFR part 194, refer to Federal 
Register documents published in 1996 (61 FR 5224-5245, Feb. 9, 1996) 
and 1995 (60 FR 5766-5791, Jan. 30, 1995).
    The DOE may not begin to emplace transuranic waste underground for 
disposal at the WIPP until EPA certifies that the WIPP will comply with 
the disposal regulations, and all other requirements of section 7(b) of 
the WIPP Land Withdrawal Act, as amended, have been satisfied. As 
required by section 8(d) of the amended WIPP Land Withdrawal Act, EPA's 
decision on whether the WIPP complies with the disposal regulations 
will be accomplished by rulemaking in accordance with the notice-and-
comment requirements of the Administrative Procedure Act (5 U.S.C. 
553). In addition to these general requirements, EPA developed specific 
provisions for public involvement in the WIPP compliance certification 
rulemaking. The public participation criteria found in Sec. 194.61, 
Sec. 194.62, Sec. 194.63, and Sec. 194.67 of the WIPP compliance 
criteria provide time periods for public comment, allow opportunities 
for public hearings, and otherwise enable public access to

[[Page 58500]]

information specifically related to EPA's certification rulemaking.
    With today's document, the Agency announces its intention to 
commence a public rulemaking to certify whether the WIPP facility 
complies with the disposal regulations. On October 29, 1996, DOE 
submitted an application for certification of compliance to EPA. A copy 
of the application is available for inspection in EPA's public dockets 
described below. The Agency's comments on draft versions of the 
compliance certification application are also available in public 
dockets. The EPA will evaluate the complete application in determining 
whether the WIPP complies with the radiation protection standards for 
disposal. In addition, EPA will consider public comment and other 
information relevant to WIPP's compliance. EPA requests comment on all 
aspects of the DOE's application.
    EPA will make a determination in the near future as to the 
completeness of the application, as a preliminary step in its more 
extensive technical review of the application. The EPA may request 
additional information as necessary from DOE to ensure the completeness 
of the compliance application. EPA will provide DOE with written 
notification of its completeness determination. All correspondence 
between EPA and DOE regarding the completeness of the compliance 
application will be placed in the public dockets.
    EPA will make a final decision certifying whether the WIPP facility 
meets the disposal regulations after several additional regulatory 
steps, including technical analysis of the application, issuing a 
notice of proposed rulemaking in the Federal Register, providing 
additional opportunity for public comment, holding public hearings in 
New Mexico, analyzing public comment, and issuing a final rule in the 
Federal Register that is accompanied by a document summarizing and 
addressing significant comments. This ``response to comments'' document 
will be available in the public dockets.

Additional Docket Information

    The Agency is currently maintaining the following public 
information dockets: (1) Docket No. 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, 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 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 reasonable fee 
may be charged for photocopying docket materials.

List of Subjects in 40 CFR Part 194

    Environmental protection, Administrative practice and procedure, 
Nuclear materials, Plutonium, Radiation protection, Radionuclides, 
Transuranics, Uranium, Waste treatment and disposal.

    Dated: November 5, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-29352 Filed 11-14-96; 8:45 am]
BILLING CODE 6560-50-P