[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Notices]
[Page 42655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20387]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-07033-5]


Determination of the Waste Isolation Pilot Plant's Compliance 
With Applicable Federal Environmental Laws for the Period 1998 to 2000

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Based on documentation submitted by the U.S. Department of 
Energy (DOE) for the Waste Isolation Pilot Plant (WIPP), the U.S. 
Environmental Protection Agency (EPA or ``we'') determined that between 
1998 and 2000, DOE operated the WIPP facility in compliance with 
applicable Federal statutes, regulations, and permit requirements 
designated in Section 9(a)(1) of the WIPP Land Withdrawal Act, as 
amended. The Secretary of Energy was notified of the determination via 
a letter from EPA Administrator Christine Todd Whitman dated August 7, 
2001.
    We made this determination under the authority of Section 9 of the 
WIPP Land Withdrawal Act (WIPP LWA). (Public Law 102-579 and 104-201.) 
Section 9(a)(1) of the WIPP LWA requires that, as of the date of the 
enactment of the WIPP LWA, DOE shall comply with respect to WIPP with: 
(1) Regulations for the management and storage of radioactive waste (40 
CFR Part 191, Subpart A); (2) the Clean Air Act; (3) the Solid Waste 
Disposal Act; (4) the Safe Drinking Water Act; (5) the Toxic Substance 
Control Act; (6) the Comprehensive Environmental Response, Compensation 
and Liability Act; and (7) all other applicable Federal laws pertaining 
to public health and safety or the environment. Section 9(a)(2) of the 
WIPP LWA requires DOE biennially to submit to EPA documentation of 
continued compliance with the laws, regulations, and permit 
requirements set forth in section 9(a)(1). (DOE must also submit 
similar documentation of compliance with the Solid Waste Disposal Act 
to the State of New Mexico.) Section 9(a)(3) 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 the pertinent laws, regulations, and permit 
requirements, as set forth in section 9(a)(1).
    We determined that for the period 1998 to 2000, the DOE-submitted 
documentation showed continued compliance with 40 CFR part 191, subpart 
A, the Clean Air Act, the Safe Drinking Water Act, the Toxic Substances 
Control Act, and the Comprehensive Environmental Response, 
Compensation, and Liability Act. With respect to other applicable 
Federal laws pertaining to public health and safety or the environment, 
as required by section 9(a)(1)(G), DOE's documentation also indicates 
that DOE was in compliance with the Clean Water Act, the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), and certain 
statutes under the jurisdiction of the Department of Interior.
    This determination is not in any way related to, or a part of, our 
certification decision regarding whether the WIPP complies with EPA's 
disposal regulations for transuranic radioactive waste at 40 CFR part 
191. We issued the 1998 WIPP certification decision pursuant to section 
8(d) of the WIPP LWA, separate from this regulatory action.

FOR FURTHER INFORMATION CONTACT: Nick Stone; telephone number: (214) 
665-7226; address: WIPP Project Officer, Mail Code 6PD-N, U.S. 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, TX 
75202.
    Materials related to this determination have been placed in docket 
#A-98-49 located at the U.S. Environmental Protection Agency, Air 
Docket Section, Room M-1500, 401 M Street, SW., Washington, DC 20460. 
The docket is open for public inspection from 8 a.m. until 5:30 p.m., 
Monday through Friday, except on Federal holidays. A reasonable fee may 
be charged for photocopying services.

    Dated: August 7, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-20387 Filed 8-13-01; 8:45 am]
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