[Federal Register Volume 63, Number 17 (Tuesday, January 27, 1998)]
[Proposed Rules]
[Page 3863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1913]



[[Page 3863]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-5954-7]
RIN 2060-AE30


Opportunity to Comment on EPA's Analysis of Air Drilling as it 
Relates to EPA's Proposed Rule: ``40 CFR Part 194, Criteria for the 
Certification and Re-certification of the Waste Isolation Pilot Plant's 
(WIPP) Compliance with the 40 CFR Part 191 Disposal Regulations: 
Certification Decision''

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of EPA's analysis of the practice of air drilling during 
petroleum exploration and its impact on the ability of the Waste 
Isolation Pilot Plant to contain radioactive waste within federal 
environmental and public health limits. EPA's analysis of air drilling 
is now available for review in the public dockets listed in ADDRESSES.

DATES: EPA is requesting public comment on EPA's review of air 
drilling. Comments must be received by EPA's official docket on or 
before February 27, 1998.

ADDRESSES: EPA's official docket for all rulemaking activities under 
the Waste Isolation Pilot Plant Land Withdrawal Act, as amended, is 
located in Washington, DC, in the Air Docket, Room M1500, Mailcode 
6102, U.S. EPA, 401 M Street, SW, Washington, DC 20460. Information on 
EPA's radioactive waste disposal standards (40 CFR part 191), the 
compliance criteria (40 CFR part 194), and EPA's proposed decision to 
certify WIPP is filed in the official EPA Air Docket, Dockets No. R-89-
01, A-92-56, and A-93-02, respectively, and is available for review at 
the following three EPA WIPP docket locations in New Mexico: in 
Carlsbad at the Municipal Library, Hours: Mon-Thu, 10-9, Fri-Sat, 10-6, 
and Sun 1-5; in Albuquerque at the Government Publications Department, 
Zimmerman Library, University of New Mexico, Hours: Mon-Thu, 8-9, Fri, 
8-5, Sat-Sun, 1-5; and in Santa Fe at the Fogelson Library, College of 
Santa Fe, Hours: Mon-Thu, 8-12 Midnight, Fri, 8-5, Sat, 9-5, and Sun, 
1-9.

    Note: The dockets in New Mexico contain only major items from 
the official Air docket in Washington, DC, plus all those documents 
added to the official docket since the October 1992 enactment of the 
WIPP Land Withdrawal Act, Pub. L. No. 102-579 (LWA).
    As provided in EPA's regulations at 40 CFR Part 2, and in 
accordance with normal Air docket procedures, if copies of any docket 
materials are requested, a reasonable fee may be charged for 
photocopying.

FOR FURTHER INFORMATION CONTACT: Tom Peake, Office of Radiation and 
Indoor Air, (202) 564-9310 or call EPA's 24-hour toll-free WIPP 
Information Line, 1-800-331-WIPP.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Energy (DOE) is developing the Waste Isolation 
Pilot Plant (WIPP) near Carlsbad in southeastern New Mexico as a 
potential deep geologic repository for disposal of transuranic (TRU) 
radioactive waste. As defined by the WIPP LWA, as amended, TRU waste 
consists of materials containing elements having atomic numbers greater 
than 92 (with half-lives greater than twenty years), in concentrations 
greater than 100 nanocuries of alpha-emitting TRU isotopes per gram of 
waste. Most TRU waste consists of items contaminated during the 
production of nuclear weapons, e.g., rags, equipment, tools, and 
organic and inorganic sludges.
    On October 23, 1997, the Environmental Protection Agency (EPA) 
announced its proposed decision to issue to the Secretary of the 
Department of Energy (DOE) a ``certification of compliance'' that the 
WIPP will comply with EPA's radioactive waste disposal standards at 40 
CFR part 191, subject to several conditions related to: (1) Waste 
characterization (to determine the radionuclides and other contents of 
waste disposal containers); (2) quality assurance programs at DOE waste 
generator sites; (3) implementation of passive institutional controls 
(PICs) (intended to warn future generations about the hazards of the 
radioactive waste buried in the WIPP); and (4) panel seals (used to 
contain the waste within compartments in the facility). In addition, 
DOE is required to report to EPA any change in the activities or 
conditions at the WIPP that differ from those described in the 
Compliance Certification Application (CCA), and to immediately inform 
EPA of any activities or conditions at the WIPP that might cause the 
WIPP to exceed the containment requirements of the disposal 
regulations. This proposal, entitled ``Criteria for the Certification 
and Recertification of the Waste Isolation Pilot Plant's Compliance 
with the 40 CFR Part 191 Disposal Regulations: Certification Decision; 
Proposed Rule,'' was published in the Federal Register at 62 FR 58791-
58838 on October 30, 1997, which marked the start of a 120-day public 
comment period. EPA's proposed decision to certify WIPP is based on an 
extensive independent technical review and evaluation (including 
confirmatory audits and inspections) of the DOE's CCA and supplemental 
materials based on the requirements specified in the WIPP Compliance 
Criteria at 40 CFR part 194.
    The public has raised air drilling for petroleum exploration as a 
potential scenario that should have been considered by the DOE in its 
submission of the Certification Compliance Application CCA. In the CCA, 
DOE assumes that mud is the fluid used in conjunction with drilling for 
resources. EPA has received comments indicating that the use of air 
(instead of mud) is a drilling technique that should be considered in 
the performance of the WIPP. EPA has analyzed the potential for air 
drilling, and the potential impacts that air drilling could have on the 
performance of the WIPP. This analysis is now available for public 
review in EPA's dockets.
    The Agency concludes from its analysis of the impacts of air 
drilling that no adverse consequences would result on the ability of 
the WIPP site to meet the Agency radioactive waste disposal standards 
at 40 CFR 191. Therefore, the Agency's proposed decision of October 23, 
1997, to issue the DOE a certification of compliance remains unchanged.

    Dated: January 21, 1998.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 98-1913 Filed 1-26-98; 8:45 am]
BILLING CODE 6560-50-P