[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Notices]
[Page 60704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30481]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5657-2]


Termination of Review of Department of Energy Petition to EPA for 
a No-Migration Determination for the Waste Isolation Pilot Plant (WIPP) 
Under the Resource Conservation and Recovery Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency announces that the Office 
of Solid Waste has terminated its review of the final no-migration 
petition for the Department of Energy's (DOE) Waste Isolation Pilot 
Plant (WIPP). The WIPP is a geological repository intended for the 
disposal of mixed hazardous and radioactive wastes. The hazardous 
portion of the waste was originally subject to EPA's land disposal 
restrictions of the Resource Conservation and Recovery Act (RCRA). On 
September 23, 1996 the President signed Public Law 104-201 that, among 
other things, exempts WIPP from the provisions of the land disposal 
restrictions. Consequently, EPA has terminated its review of DOE's no-
migration petition, effective October 1, 1996.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing 
impaired). In the Washington, DC, metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323.
    For more detailed information on specific aspects of the issues 
discussed in this notice, contact Reid Rosnick (703-308-8758), 
([email protected]), or Chris Rhyne (703-308-8658), 
([email protected]), Office of Solid Waste (5303W), U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460.

SUPPLEMENTARY INFORMATION: Wastes proposed for disposal at WIPP are 
mixed wastes, and are defined as a mixture of hazardous waste 
regulated under Subtitle C of RCRA, and radioactive materials 
regulated under the Atomic Energy Act. Consequently, these wastes 
have been regulated by EPA and the State of New Mexico as a 
hazardous waste, and by EPA (the Office of Radiation and Indoor 
Air) as a radioactive material.

    Prior to the National Defense Authorization Act for Fiscal Year 
1997, the hazardous portion of the wastes were subject to the land 
disposal restrictions found in section 3004 (m) of RCRA, and codified 
in the Code of Federal Regulations at 40 CFR part 268. The regulations 
require that hazardous wastes be treated to specific standards prior to 
any land disposal, unless a ``no-migration'' demonstration can be made 
in accordance with 40 CFR 268.6. Persons seeking a no-migration 
determination must submit a petition to the EPA Administrator ``* * * 
demonstrating, to a reasonable degree of certainty, that there will be 
no migration of hazardous waste, or hazardous waste constituents from 
the disposal unit or injection zone for as long as the wastes remain 
hazardous.''
    In June 1996, DOE submitted a no-migration petition to the Agency. 
This petition was designed to demonstrate that there would be no 
migration of the hazardous wastes disposed of at the WIPP for at least 
10,000 years. The Agency announced the availability of the petition in 
the Federal Register on August 19, 1996 (see 61 FR 42899), and provided 
60 days of public comment on the petition. EPA then began a 
completeness check and technical review of the petition.
    In September 1996, the President signed the National Defense 
Authorization Act for Fiscal Year 1997. Included as a subsection of the 
Act was the Waste Isolation Pilot Plant Land Withdrawal Amendments Act, 
which prescribed significant changes to the way that RCRA applies to 
WIPP. The Act states that transuranic mixed waste designated by the 
Secretary of DOE for disposal at WIPP is exempt from the treatment 
standards promulgated pursuant to section 3004(m) of the Solid Waste 
Disposal Act and is not subject to the land disposal restrictions in 
sections 3004 (d), (e), (f), and (g) of the Solid Waste Disposal Act 
(the land disposal restrictions). Consequently, EPA terminated review 
of the no-migration petition for the WIPP when the bill was signed into 
law. It was the sense of the Congress that the land disposal 
restrictions, which restrict the land disposal of the hazardous portion 
of the mixed waste, were redundant with EPA's radioactive waste 
compliance certification standards at 40 CFR 191 and 194 (Congressional 
Record, June 20, 1996, page S6591). The 191 and 194 standards must be 
met by DOE prior to shipment of waste to WIPP, and in essence require 
that the transuranic waste be contained within the prescribed 
boundaries for at least 10,000 years.
    In addition to EPA's role in regulation of the WIPP through the 
radiation protection standards, the hazardous portion of the mixed 
transuranic waste will continue to be regulated by the State of New 
Mexico through the RCRA hazardous waste permitting program. DOE must 
obtain a permit from the State that shows that the hazardous portion of 
the waste will be safely handled during the operating life of the 
facility, the closure period (when the facility shafts are sealed and 
permanent markers are installed), and for a period of time after 
closure known as the post-closure period. The State's RCRA permit, 
along with the compliance certification issued by EPA, will ensure that 
there is adequate protection of human health and the environment during 
and after disposal operations at WIPP.
    EPA will continue to participate in the regulation of the WIPP 
under RCRA by offering assistance to the State of New Mexico in the 
preparation of the RCRA permit for the facility.

    Dated: November 22, 1996.
Elliott P. Laws,
Assistant Administrator for Solid Waste and Emergency Response.
[FR Doc. 96-30481 Filed 11-27-96; 8:45 am]
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