[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Proposed Rules]
[Pages 27996-27998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13482]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-5829-1]


Notification of Completeness of the Department of Energy's 
Compliance Certification Application for the Waste Isolation Pilot 
Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advance notice of proposed rulemaking; notification of 
completeness of compliance certification application.

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SUMMARY: The Environmental Protection Agency (EPA) has determined that 
the Department of Energy's (DOE) Compliance Certification Application 
(CCA) for the Waste Isolation Pilot Plant (WIPP) is complete. The 
Administrator of the EPA provided written notice of the completeness 
decision to the Secretary of Energy on May 16, 1997. The text of the 
letter is contained in the SUPPLEMENTARY INFORMATION.
    EPA has determined that the CCA is complete in accordance with 40 
CFR Part 194, ``Criteria for the Certification and Recertification of 
the Waste Isolation Pilot Plant's Compliance with the 40 CFR Part 191 
Disposal Regulations'' (Compliance Certification Criteria). The 
completeness determination is an interim preliminary administrative 
step in the certification rulemaking for WIPP that is required by 
regulation, and does not imply in any way that the CCA demonstrates 
compliance with the Compliance Criteria and/or the Disposal 
Regulations.

ADDRESSES: Written comments 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.

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

SUPPLEMENTARY INFORMATION:

Background

    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). 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, as amended (Pub. L. 102-579) 
requires EPA to evaluate and certify whether the WIPP will comply with 
subparts B and C of 40 CFR part 191--known as the ``disposal 
regulations''--and to issue or deny a certification of compliance. The 
Department of Energy is required to submit an application to EPA that 
will be the basis of EPA's evaluation of whether a certification of the 
WIPP's compliance with the disposal

[[Page 27997]]

regulations should be issued. The disposal 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 
disposal regulations limit radiation doses to members of the public, 
and protect ground water resources by establishing maximum 
concentrations for radionuclides in ground water. For more information 
about 40 CFR part 191, refer to Federal Register notices published in 
1985 (50 FR 38066-38089, Sep. 19, 1985) and 1993 (58 FR 66398-66416, 
Dec. 20, 1993).
    The WIPP Land Withdrawal Act also calls for EPA to establish 
criteria by which to judge whether the WIPP will comply with the 
disposal regulations. EPA published the Compliance Certification 
Criteria (40 CFR Part 194) on February 9, 1996. See 61 FR 5224. Thus, 
EPA will determine whether the WIPP complies with the Part 191 disposal 
regulations by applying the Compliance Certification Criteria in its 
evaluation of the CCA. For more information about 40 CFR part 194, 
refer to Federal Register notices published in 1995 (60 FR 5766-5791, 
Jan. 30, 1995), and 1996 (61 FR 5224-5245, Feb. 9, 1996).
    Section 8(d)(2) of the WIPP Land Withdrawal Act, as amended, 
requires EPA to determine whether the WIPP complies with the disposal 
regulations by rulemaking pursuant to the Administrative Procedure Act 
(5 U.S.C. 553) within 1 year of receipt of the application. The 
Compliance Certification Criteria at 40 C.F.R. 194.11 provide that 
EPA's evaluation for certification pursuant to Section 8(d) shall not 
begin until the Administrator has informed the Secretary in writing 
that EPA has received a complete application.
    With today's document, the Agency announces that it has determined 
that the compliance certification application (CCA) for the WIPP is 
sufficiently complete to allow EPA to conduct the required technical 
evaluation. This determination is solely an administrative measure and 
does not reflect any conclusion regarding the WIPP's compliance with 
the disposal regulations.
    DOE submitted the CCA to EPA on October 29, 1996. Pursuant to 
Section 8(d)(1) of the WIPP Land Withdrawal Act, as amended, EPA 
identified additional information necessary for the CCA to constitute a 
complete application in a letter transmitted to DOE on December 19, 
1996. DOE submitted the requested information with letters dated 
January 17, January 24, February 7, February 14, and February 26, 1997.
    EPA announced its receipt of the CCA in an Advance Notice of 
Proposed Rulemaking (ANPRM) for the compliance determination published 
in the Federal Register on November 15, 1996 (61 FR 58499). A copy of 
the submitted application, as well as the Agency's comments on draft 
versions, is available for inspection in EPA's public dockets, as 
described below. In addition, all correspondence between EPA and DOE 
regarding the completeness of the compliance application is available 
in the public dockets.
    EPA received numerous public comments regarding the completeness 
and technical sufficiency of the CCA during both a 120-day public 
comment period provided for in the ANPRM (November 15, 1996, to March 
17, 1997) and a series of public hearings held in New Mexico. All 
significant public comments received during the first public comment 
period will be considered and responded to as EPA develops the proposed 
certification decision on whether the WIPP complies with the disposal 
regulations. In response to public requests for an additional 
opportunity to comment on the complete CCA, EPA will accept and 
consider public comments submitted to the docket after publication of 
this notice.
    EPA will determine whether to certify that the WIPP complies with 
the disposal regulations after several additional regulatory steps, 
including technical evaluation of the application, issuance of a notice 
of proposed rulemaking in the Federal Register, a second 120-day public 
comment period, a second set of public hearings in New Mexico, analysis 
of public comments, and issuance of a final notice in the Federal 
Register. A ``response to comments'' document that summarizes and 
addresses significant comments will accompany the final notice and will 
be made available in the public dockets. Comments must be received 
within the time frame specified by the Notice of Proposed Rulemaking. 
Any contacts between EPA and any party occurring after the close of the 
comment period will be strictly governed in accordance with the 
Administrator's Statement of Policy on ex parte contacts in rulemaking 
and the transparency requirements of Executive Order 12866.

Text of Letter

    Dear Mr. Secretary: Pursuant to Section 8(d) of the Waste 
Isolation Pilot Plant (WIPP) Land Withdrawal Act, as amended,(the 
Act, or the LWA), and in accordance with the WIPP Compliance 
Criteria at 40 CFR Sec. 194.11, I hereby notify you that the U.S. 
Environmental Protection Agency (EPA) has determined that the U.S. 
Department of Energy's (DOE) Compliance Certification Application 
(CCA) for WIPP is complete. This completeness determination is a 
preliminary, interim determination required under the WIPP 
Compliance Criteria, which implement the Agency's Final Radioactive 
Waste Disposal Regulations at Subparts B and C of 40 CFR Part 191 
(Disposal Regulations). While the completeness determination 
initiates the one-year evaluation period provided for in Section 
8(d)(2) of the LWA, it does not have any generally applicable legal 
effect. Further, this determination does not imply or indicate that 
the CCA demonstrates compliance with the Compliance Criteria and/or 
the Disposal Regulations.
    Section 8(d)(2) of the LWA requires EPA to certify whether WIPP 
complies with the Agency's Disposal Regulations. Section 8(d)(4) of 
the Act requires that EPA only perform such certification after DOE 
has submitted a ``full'' (or complete) application. Upon receipt of 
the CCA on October 29, 1996, EPA immediately commenced its review to 
determine whether the CCA was complete. Shortly thereafter, the 
Agency began to identify areas of the CCA that required 
supplementary information and analyses. In addition, EPA received 
numerous public comments on the CCA that identified areas of 
concern.
    EPA identified completeness concerns in a December 19, 1996 
letter from Mary Nichols, Assistant Administrator for the Office of 
Air and Radiation, to Alvin Alm, Assistant Secretary for 
Environmental Management. DOE responded with additional information, 
records packages, and clarifications, as necessary.
    To the extent possible, the Agency has also been conducting a 
preliminary technical sufficiency review, and has provided the 
Department with relevant technical comments on an ongoing basis. EPA 
will continue to conduct its technical review of the CCA. The Agency 
will issue its proposed compliance certification decision, in 
accordance with 40 CFR Part 194 and Part 191 Subparts B and C, after 
it has thoroughly evaluated the complete CCA and considered relevant 
public comments. Thank you for your cooperation during our review 
process. Should you have questions regarding this request, please 
contact Ramona Trovato at (202) 233-9320.

        Sincerely,
[signed]
Carol M. Browner,
Administrator.

Additional Docket Information

    The CCA consists of the application received by EPA on October 29, 
1996, plus all relevant supplementary information sent by DOE after 
that date. Documents that constitute the CCA are filed in Category II-G 
of Docket No. A-93-02. Correspondence between DOE

[[Page 27998]]

and EPA in reference to the CCA is filed in Category II-I.
    EPA maintains 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.

    Dated: May 16, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-13482 Filed 5-21-97; 8:45 am]
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