[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Notices]
[Pages 38703-38704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14095]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2016-0265; FRL-9947-64-OAR]


EPA's Review of the Waste Isolation Pilot Plant's Biennial 
Environmental Compliance Report for the Period 2012 to 2014

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) has completed 
its review of the Department of Energy's (DOE) most recent Biennial 
Environmental Compliance Report (BECR) for the Waste Isolation Pilot 
Project (WIPP), covering the period April 1, 2012 through March 31, 
2014. Section 9(a)(2) of the WIPP Land Withdrawal Act requires the DOE 
to submit documentation to the EPA of the WIPP's continued compliance 
with designated federal laws pertaining to public health and safety or 
the environment. The Secretary of Energy was notified that the EPA had 
completed its review via a letter from EPA Administrator Gina McCarthy 
dated June 3, 2016.

FOR FURTHER INFORMATION CONTACT: Nick Stone, WIPP Project Officer, Mail 
Code 6PD-O, U.S. Environmental Protection Agency, Region 6, 1445 Ross 
Avenue, Dallas, TX 75202. Nick Stone may be reached by telephone at 
(214) 665-7226.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How can I get copies of this document and other related information?

    1. Docket. EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2016-0265; FRL-9947-64-OAR. Docket materials 
are publicly available either electronically through http://www.regulations.gov or in hard copy at the Air and Radiation Docket in 
the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air and Radiation 
Docket is (202) 566-1742. As provided in EPA's regulations at 40 CFR 
part 2, and in accordance with normal EPA docket procedures, if copies 
of any docket materials are requested, a reasonable fee may be charged 
for photocopying.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.regulations.gov.

II. Background

    The EPA conducted this review 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, the DOE shall comply with respect to the 
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 Substances 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 the DOE biennially to submit 
to the EPA documentation of continued compliance with the laws, 
regulations, and permit requirements set forth in Section 9(a)(1).
    As outlined in the EPA's letter to the Secretary of Energy, the 
Agency has been able to conclude its review of the WIPP BECR for the 
reporting period, April 1, 2012 through March 31, 2014 based on receipt 
of all cumulative documentation from DOE and the Settlement Agreement 
between the State of New Mexico and the Department. EPA will consider 
the DOE's compliance with the Settlement Agreement as part of its 
review of the Department's compliance for the next reporting period, 
from April 1, 2014 to March 31, 2016, and subsequent reporting periods 
as appropriate. The Agency will continue its oversight of the WIPP and 
continue to work cooperatively with the DOE, the State of New Mexico 
and the public to ensure that the WIPP is protective of human health 
and the environment. All relevant information related to this review--
including this notice and the letter to the Secretary of Energy--are 
available online via the WIPP news Web site (https://www.epa.gov/radiation/wipp-news) and the aforementioned docket on regulations.gov 
(EPA-HQ-OAR-2016-0265).
    This determination is not in any way related to, or a part of, the 
EPA's certification and recertification decisions regarding whether the 
WIPP complies with the Agency's disposal

[[Page 38704]]

regulations for transuranic radioactive waste at 40 CFR part 191.

    Dated: June 3, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-14095 Filed 6-13-16; 8:45 am]
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