[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Notices]
[Pages 44276-44277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22073]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5878-3]


Determination of the Waste Isolation Pilot Plant's Compliance 
With Applicable Federal Environmental Laws for the Period October 1992-
1994

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has determined that, 
for the period October 1992 to October 1994, the Waste Isolation Pilot 
Plant (WIPP), which is operated by the U.S. Department of Energy (DOE), 
was in compliance with the Federal statutes and regulations designated 
in subparagraphs (A), (B), (D), (E), (F), and, in pertinent part, (H) 
of Section 9(a)(1) of the 1992 Land Withdrawal Act (LWA), as amended. 
To the extent that DOE has not provided EPA with documentation 
attesting to compliance with DOE orders, notices, and directives 
pertaining to public health, safety, and the environment for that 
period, EPA cannot determine DOE's compliance with respect to Section 
9(a)(1)(G) and, in

[[Page 44277]]

pertinent part, (H) of the LWA. The Secretary of Energy was notified of 
the determination via letter from EPA Administrator Carol M. Browner 
dated August 14, 1997.
    This determination was made under the authority of Section 9 of the 
amended WIPP Land Withdrawal Act. (Pub. L. Nos. 102-579 and 104-201.) 
Section 9 requires the Administrator of EPA to determine on a biennial 
basis, following the submittal of documentation of compliance by the 
Secretary of DOE, whether the WIPP is in compliance with EPA's 
standards for the management and storage of radioactive waste (40 CFR 
part 191, subpart A), the Clean Air Act, the Safe Drinking Water Act, 
the Toxic Substances Control Act, the Comprehensive Environmental 
Response, Compensation, and Liability Act, and all other applicable 
Federal laws protecting public health and safety or the environment. 
This determination applies to WIPP's compliance with these laws during 
the period October 1992 to October 1994.
    This determination is not directly related to, nor is it a part of, 
EPA's certification decision regarding whether the WIPP complies with 
the disposal standards for transuranic radioactive waste (40 CFR part 
191). The certification decision will be accomplished through a 
separate rulemaking pursuant to the standards and procedures mandated 
by section 553 of the Administrative Procedure Act, and in accordance 
with EPA's WIPP compliance certification criteria regulations at 40 CFR 
part 194. (61 FR 58499, November 15, 1996.)

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

    Dated: August 14, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-22073 Filed 8-19-97; 8:45 am]
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