[Federal Register Volume 68, Number 90 (Friday, May 9, 2003)]
[Notices]
[Page 25032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11525]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7495-9]


Determination of the Waste Isolation Pilot Plant's Compliance 
With Applicable Federal Environmental Laws for the Period 2000 to 2002

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 
2000 and 2002, 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 May 2, 
2003.
    We made this determination under the authority of Section 9 of the 
WIPP Land Withdrawal Act (WIPP LWA). (Pub. L. Nos. 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; regulations for the management and storage of radioactive waste 
(40 CFR part 191, subpart A); the Clean Air Act; the Solid Waste 
Disposal 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 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 at section 9(a)(1).
    We determined that for the period 2000 to 2002, 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 directly 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.

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, item II-B2-14, located at the U.S. Environmental Protection 
Agency, Air and Radiation Docket, Attn: Docket A-98-49, EPA Docket 
Center (EPA/DC), EPA West, Mail Code 6102T, 1200 Pennsylvania Ave., 
NW., 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: May 2, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-11525 Filed 5-8-03; 8:45 am]
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