Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 41421 

[FR Doc. 2010–17289 Filed 7–15–10; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[Docket: EPA–R10–OAR–2010–0432; FRL– 

9171–3] 

Finding of Attainment for PM10 for the 

Mendenhall Valley PM10 Nonattainment 

Area, Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA finds that the 

Mendenhall Valley nonattainment area 

in Alaska attained the National Ambient 

Air Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10) as of 

December 31, 1995. 

DATES: Comments must be received on 

or before August 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2010–0432, by any of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: body.steve@epa.gov. 

• Mail: Steve Body, U.S. EPA Region 

10, Office of Air, Waste and Toxics 

(AWT–107), 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. 

• Hand Delivery/Courier: U.S. EPA 

Region 10, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. Attention: 

Steve Body, Office of Air, Waste and 

Toxics, AWT–107. Such deliveries are 

only accepted during normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Steve Body at telephone number: (206) 

553–0782, e-mail address: 

body.steve@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

direct final action, of the same title, 

which is located in the Rules section of 

this Federal Register. EPA is approving 

the attainment determination as a direct 

final rule without prior proposal 

because EPA views this as a 

noncontroversial action and anticipates 

no adverse comments. A detailed 

rationale for the approval is set forth in 

the preamble to the direct final rule. If 

EPA receives no adverse comments, 

EPA will not take further action on this 

proposed rule. 

If EPA receives adverse comments, 

EPA will withdraw the direct final rule 

and it will not take effect. EPA will 

address all public comments in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if we receive adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

Dated: June 22, 2010. 

Dennis J. McLerran, 

Regional Administrator, EPA, Region 10. 

[FR Doc. 2010–17416 Filed 7–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 191 and 194 

[EPA–HQ–OAR–2009–0330; FRL–9175–6] 

Notification of Completeness of the 

Department of Energy’s Compliance 

Recertification Application for the 

Waste Isolation Pilot Plant 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of determination and 

close of public comment period. 

SUMMARY: The Environmental Protection 

Agency (EPA, ‘‘we’’ or ‘‘the Agency’’) has 

determined that the Department of 

Energy’s (DOE) Compliance 

Recertification Application (CRA or 

‘‘application’’) for the Waste Isolation 

Pilot Plant (WIPP) is complete. EPA 

provided written notice of the 

completeness decision to the Secretary 

of Energy on June 29, 2010. The text of 

the letter is contained in the 

SUPPLEMENTARY INFORMATION. The 

Agency has determined that the 

application is complete, in accordance 

with 40 CFR part 194, ‘‘Criteria for the 

Certification and Recertification of the 

WIPP’s Compliance with the 40 CFR 

part 191 Disposal Regulations’’ 

(Compliance Certification Criteria). The 

completeness determination is an 

administrative step that is required by 

regulation, and it does not imply in any 

way that the CRA demonstrates 

compliance with the Compliance 

Criteria and/or the disposal regulations. 

EPA is now engaged in the full technical 

review that will determine if WIPP 

remains in compliance with the 

disposal regulations. As required by the 

1992 WIPP Land Withdrawal Act and 

our implementing regulations, EPA will 

make a final recertification decision 

within six months of issuing the 

completeness letter to the Secretary of 

Energy. 

DATES: EPA opened the public comment 

period upon receipt of the 2009 CRA (74 

FR 28468, June 16, 2009). Comments 

must be received on or before August 

16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0330, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: to a-and-r-docket@epa.gov. 

• Fax: 202–566–1741. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

Instructions: Direct your comments to 

Attn: Docket ID No. EPA–HQ–OAR– 

2009–0330. The Agency’s policy is that 

all comments received will be included 

in the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1
41422 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 

1The 1992 WIPP Land Withdrawal Act was 

amended by the ‘‘Waste Isolation Pilot Plant Land 

Withdrawal Act Amendments,’’ which were part of 

the National Defense Authorization Act for Fiscal 

Year 1997. 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov. 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. 

FOR FURTHER INFORMATION CONTACT: Ray 

Lee, Radiation Protection Division, 

Center for Radiation Information and 

Outreach, Mail Code 6608J, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, Washington, DC 

20460; telephone number: 202–343– 

9463; fax number: 202–343–2305; email address: lee.raymond@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The Waste Isolation Pilot Plant 

(WIPP) was authorized in 1980, under 

section 213 of the DOE National 

Security and Military Applications of 

Nuclear Energy Authorization Act of 

1980 (Pub. L. 96–164, 93 Stat. 1259, 

1265), ‘‘for the express purpose of 

providing a research and development 

facility to demonstrate the safe disposal 

of radioactive wastes resulting from the 

defense activities and programs of the 

United States.’’ WIPP is a disposal 

system for transuranic (TRU) radioactive 

waste. Developed by DOE, WIPP is 

located near Carlsbad in southeastern 

New Mexico. TRU waste is emplaced 

2,150 feet underground in an ancient 

layer of salt that will eventually ‘‘creep’’ 

and encapsulate the waste containers. 

WIPP has a total capacity of 6.2 million 

cubic feet of TRU waste. 

The 1992 WIPP Land Withdrawal Act 

(LWA; Pub. L. 102–579) 1 limits 

radioactive waste disposal in WIPP to 

TRU radioactive wastes generated by 

defense-related activities. TRU waste is 

defined as waste containing more than 

100 nano-curies per gram of alphaemitting radioactive isotopes, with halflives greater than twenty years and 

atomic numbers greater than 92. The 

WIPP LWA further stipulates that 

radioactive waste shall not be TRU 

waste if such waste also meets the 

definition of high-level radioactive 

waste, has been specifically exempted 

from regulation with the concurrence of 

the Administrator, or has been approved 

for an alternate method of disposal by 

the Nuclear Regulatory Commission. 

The TRU radioactive waste proposed for 

disposal in WIPP consists of materials 

such as rags, equipment, tools, 

protective gear, and sludges that have 

become contaminated during atomic 

energy defense activities. The 

radioactive component of TRU waste 

consists of man-made elements created 

during the process of nuclear fission, 

chiefly isotopes of plutonium. Some 

TRU waste is contaminated with 

hazardous wastes regulated under the 

Resource Conservation and Recovery 

Act (RCRA; 42 U.S.C. 6901–6992k). The 

waste proposed for disposal at WIPP 

derives from Federal facilities across the 

United States, including locations in 

Colorado, Idaho, New Mexico, Nevada, 

Ohio, South Carolina, Tennessee, and 

Washington. 

WIPP must meet EPA’s generic 

disposal standards at 40 CFR part 191, 

subparts B and C, for high-level and 

TRU radioactive waste. These standards 

limit releases of radioactive materials 

from disposal systems for radioactive 

waste, and require implementation of 

measures to provide confidence for 

compliance with the radiation release 

limits. Additionally, the regulations 

limit radiation doses to members of the 

public, and protect ground water 

resources by establishing maximum 

concentrations for radionuclides in 

ground water. To determine whether 

WIPP performs well enough to meet 

these disposal standards, EPA issued 

the WIPP Compliance Criteria (40 CFR 

part 194) in 1996. The Compliance 

Criteria interpret and implement the 

disposal standards specifically for the 

WIPP site. They describe what 

information DOE must provide and how 

EPA evaluates the WIPP’s performance 

and provides ongoing independent 

oversight. Thus, EPA implemented its 

environmental radiation protection 

standards, 40 CFR part 191, by applying 

the WIPP Compliance Criteria, 40 CFR 

part 194, to the disposal of TRU 

radioactive waste at the WIPP. For more 

information about 40 CFR part 191, refer 

to Federal Register notices published in 

1985 (50 FR 38066–38089, Sep. 19, 

1985) and 1993 (58 FR 66398–66416, 

Dec. 20, 1993). For more information 

about 40 CFR part 194, refer to Federal 

Register notices published in 1995 (60 

FR 5766–5791, Jan. 30, 1995) and in 

1996 (61 FR 5224–5245, Feb. 9, 1996). 

Using the process outlined in the 

WIPP Compliance Criteria, EPA 

determined on May 18, 1998 (63 FR 

27354), that DOE had demonstrated that 

the WIPP facility will comply with 

EPA’s radioactive waste disposal 

regulations at subparts B and C of 40 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 41423 

CFR part 191. EPA’s certification 

determination permitted WIPP to begin 

accepting transuranic waste for 

disposal, provided that other applicable 

conditions and environmental 

regulations were met. Disposal of TRU 

waste at WIPP began in March 1999. 

Since the 1998 certification decision 

(and the initial recertification decision 

in 2006) EPA has conducted ongoing 

independent technical review and 

inspections of all WIPP activities related 

to compliance with the EPA’s disposal 

regulations. The certification decision 

identified the starting (baseline) 

conditions for WIPP and established the 

waste and facility characteristics 

necessary to ensure proper disposal in 

accordance with the regulations. At that 

time, EPA and DOE understood that 

future information and knowledge 

gained from the actual operation of 

WIPP would result in changes to the 

best practices and procedures for the 

facility. 

In recognition of this, section 8(f) of 

the amended WIPP LWA requires EPA 

to evaluate all changes in conditions or 

activities at WIPP every five years to 

determine if WIPP continues to comply 

with EPA’s disposal regulations for the 

facility. This determination is not 

subject to standard rulemaking 

procedures or judicial review, as stated 

in the aforementioned section of the 

WIPP Land Withdrawal Act. The first 

recertification process (2004–2006) 

included a review of all of the changes 

made at WIPP since the original 1998 

EPA certification decision up until the 

receipt of the initial CRA in March 

2004. This second recertification 

process includes a review of all the 

changes made at the facility since March 

2004. 

Recertification is not a 

reconsideration of the decision to open 

WIPP, but a process to reaffirm that 

WIPP meets all requirements of the 

disposal regulations. The recertification 

process will not be used to approve any 

new significant changes proposed by 

DOE; any such proposals will be 

addressed separately by EPA. 

Recertification will ensure that WIPP is 

operated using the most accurate and 

up-to-date information available and 

provides documentation requiring DOE 

to operate to these standards. 

EPA received DOE’s initial CRA on 

March 26, 2004, and subsequently 

opened a public comment period on the 

application and the Agency’s intent to 

evaluate compliance with the disposal 

regulations and compliance criteria in 

the Federal Register (69 FR 29646, May 

24, 2004). Following a number of 

requests for additional information from 

DOE, EPA issued its completeness 

determination on October 20, 2005 (70 

FR 61107–61111). After analyzing 

public comments and completing its 

technical review, the Agency then 

announced the first WIPP recertification 

decision on March 29, 2006, via a letter 

to the Secretary of Energy. 

EPA received DOE’s second CRA on 

March 24, 2009, and announced the 

Agency’s intent to evaluate compliance 

with the disposal regulations and 

compliance criteria in the Federal 

Register (74 FR 28468–28471, June 16, 

2009). At that time, EPA also began 

accepting public comments on the 

application. 

In a letter dated June 29, 2010, from 

EPA’s Director of the Office of Radiation 

and Indoor Air to the Secretary of 

Energy, the Agency notified DOE that 

the 2009 CRA for WIPP is complete. 

This determination is solely an 

administrative measure and does not 

reflect any conclusion regarding WIPP’s 

continued compliance with the disposal 

regulations. 

This determination was made using a 

number of the Agency’s WIPP-specific 

guidances; most notably, the 

‘‘Compliance Application Guidance’’ 

(CAG; EPA Pub. 402–R–95–014) and 

‘‘Guidance to the U.S. Department of 

Energy on Preparation for 

Recertification of the Waste Isolation 

Pilot Plant with 40 CFR Parts 191 and 

194’’ (Docket A–98–49, Item II–B3–14; 

December 12, 2000). Both guidance 

documents include guidelines 

regarding: (1) Content of certification/ 

recertification applications; (2) 

documentation and format 

requirements; (3) time frame and 

evaluation process; and (4) change 

reporting and modification. The Agency 

developed these guidance documents to 

assist DOE with the preparation of any 

compliance application for the WIPP. 

They are also intended to assist in EPA’s 

review of any application for 

completeness and to enhance the 

readability and accessibility of the 

application for EPA and public scrutiny. 

EPA has been reviewing the CRA for 

‘‘completeness’’ since its receipt. EPA’s 

review identified several areas of the 

application where additional 

information was necessary to perform a 

technical evaluation. EPA sent five 

letters to DOE requesting additional 

information, which are detailed below: 

• May 21, 2009 (Docket ID: EPA–HQ– 

OAR–2009–0330–0004)—EPA requested 

additional information on the 

performance assessment and chemical 

portions of the CRA–2009. 

• July 16, 2009 (Docket ID: EPA–HQ– 

OAR–2009–0330–0005)—EPA requested 

additional information on waste 

inventory, performance assessment 

calculations/code documentation, 

human intrusion, and chemistry 

(including karst comments raised by 

stakeholders). 

• October 19, 2009 (Docket ID: EPA– 

HQ–OAR–2009–0330–0006)—EPA 

requested additional information on 

waste inventory, chemistry, features/ 

events/processes (FEPs), and 

performance assessment paramaters/ 

codes. 

• January 25, 2010 (addendum to 5/ 

21/09 letter via e-mail; Docket ID: EPA– 

HQ–OAR–2009–0330–0013, 0013.1)— 

EPA requested additional information 

conceptual models and modeling 

calculations. 

• February 22, 2010 (Docket ID: EPA– 

HQ–OAR–2009–0330–0015)—EPA 

requested additional information on 

repository chemistry issues. 

DOE submitted the requested 

information with a series of ten letters, 

which were sent on the following dates: 

• August 24, 2009 (Docket ID: EPA– 

HQ–OAR–2009–0330–0007, 0007.1– 

0007.4). 

• September 30, 2009 (Docket ID: 

EPA–HQ–OAR–2009–0330–0008, 

0008.1–0008.9). 

• November 25, 2009 (Docket ID: 

EPA–HQ–OAR–2009–0330–0011, 

0011.1–0011.3). 

• January 12, 2010 (Docket ID: EPA– 

HQ–OAR–2009–0330–0008, 0008.1– 

0008.9). 

• February 22, 2010 (Docket ID: EPA– 

HQ–OAR–2009–0330–0012, 0012.1– 

0012.6). 

• March 31, 2010 (Docket ID: EPA– 

HQ–OAR–2009–0330–0014, 0014.1– 

0014.3). 

• April 12, 2010 (Docket ID: EPA– 

HQ–OAR–2009–0330–0016, 0016.1– 

0016.3). 

• April 19, 2010 (Docket ID: EPA– 

HQ–OAR–2009–0330–0017, 0017.1). 

• May 26, 2010 (Docket ID: EPA–HQ– 

OAR–2009–0330–0018, 0018.1–0018.3). 

• June 24, 2010 (Docket ID: EPA–HQ– 

OAR–2009–0330–0025, 0025.1–0025.2). 

All completeness related 

correspondence was placed in our 

dockets (DOCKET ID: EPA–HQ–OAR– 

2009–0330) and on our WIPP Web site 

(http://www.epa.gov/radiation/wipp). 

Since receipt of the 2009 CRA, the 

Agency has received a number of public 

comments from stakeholder groups 

regarding both the completeness and 

technical adequacy of the recertification 

application. In addition to soliciting 

written public comments, EPA held a 

series of public meetings in New Mexico 

(June 2009 and May 2010) to discuss 

stakeholders concerns and issues related 

to WIPP recertification. These 

comments helped in developing EPA’s 


cprice-sewell on DSK8KYBLC1PROD with PROPOSALS-1
41424 Federal Register / Vol. 75, No. 136 / Friday, July 16, 2010 / Proposed Rules 

requests for additional information from 

DOE, particularly regarding the WIPP 

waste inventory and groundwater (karst) 

issues. 

EPA will now undertake a full 

technical evaluation on the complete 

2009 CRA in determining whether the 

WIPP continues to comply with the 

radiation protection standards for 

disposal. EPA will also consider any 

additional public comments and other 

information relevant to WIPP’s 

compliance. The Agency is most 

interested in whether new or changed 

information has been appropriately 

incorporated into performance 

assessment calculations for WIPP, and 

whether the potential effects of changes 

are properly characterized. 

If EPA approves the application, it 

will set the parameters for how WIPP 

will be operated by DOE over the 

following five years. The approved CRA 

will then serve as the baseline for the 

next recertification. As required by the 

WIPP LWA, the Agency will make a 

final recertification decision within six 

months of issuing its completeness 

determination. 

June 29, 2010 

Honorable Dr. Steven Chu, Secretary U.S. 

Department of Energy, 1000 Independence 

Avenue, SW., Washington, DC 20585. 

Dear Mr. Secretary: Pursuant to Section 8(f) 

of the Waste Isolation Pilot Plant (WIPP) 

Land Withdrawal Act, as amended, and in 

accordance with the WIPP Compliance 

Criteria at 40 CFR 194.11, I hereby notify you 

that the U.S. Environmental Protection 

Agency (EPA or ‘‘the Agency’’) has 

determined that the U.S. Department of 

Energy’s (DOE) 2009 Compliance 

Recertification Application (CRA) for WIPP is 

complete. This completeness determination 

is an administrative determination required 

under the WIPP Compliance Criteria, which 

implement the Agency’s Final Radioactive 

Waste Disposal Regulations at Subparts B 

and C of 40 CFR Part 191. While the 

completeness determination initiates the sixmonth evaluation period provided for in 

Section 8(f)(2) of the Land Withdrawal Act, 

it does not have any generally applicable 

legal effect. Further, this determination does 

not imply or indicate that DOE’s CRA 

demonstrates compliance with the 

Compliance Criteria and/or the Disposal 

Regulations. 

Section 8(f) of the amended Land 

Withdrawal Act requires EPA to evaluate all 

changes in conditions or activities at WIPP 

every five years to determine if the facility 

continues to comply with EPA’s disposal 

regulations. This second recertification 

process includes a review of all of the 

changes made at the WIPP facility since the 

initial 2004 CRA (and subsequent 

recertification decision, issued in 2006) was 

submitted by DOE. 

Under the applicable regulations, EPA may 

recertify the WIPP only after DOE has 

submitted a ‘‘full’’ (or complete) application 

(see 40 CFR 194.11). Upon receipt of the CRA 

on March 24, 2009, EPA immediately began 

its review to determine whether the 

application was complete. Shortly thereafter, 

the Agency began to identify areas of the 

2009 CRA that required supplementary 

information and analyses. In addition, EPA 

received public comments and held public 

meetings on the application that identified 

areas where additional information was 

needed for EPA’s review. 

EPA identified completeness concerns in a 

series of letters/e-mails from the Agency to 

Dr. Dave Moody, Manager for DOE’s Carlsbad 

Field Office, as well as his staff. This 

correspondence is detailed below: 

• May 21, 2009—EPA requested additional 

information on the performance assessment 

and chemical portions of the CRA–2009. 

• July 16, 2009—EPA requested additional 

information on waste inventory, performance 

assessment calculations/code documentation, 

human intrusion, and chemistry (including 

karst comments raised by stakeholders). 

• October 19, 2009—EPA requested 

additional information on waste inventory, 

chemistry, features/events/processes (FEPs), 

and performance assessment paramaters/ 

codes. 

• January 25, 2010 (addendum to 5/21/09 

letter via e-mail)— EPA requested additional 

information conceptual models and modeling 

calculations. 

• February 19, 2010—EPA requested 

additional information on repository 

chemistry issues. 

DOE submitted the requested information 

with a series of 11 letters, which were sent 

on the following dates: 

• August 24, 2009 

• September 30, 2009 

• November 25, 2009 

• January 12, 2010 

• February 22, 2010 

• March 31, 2010 

• April 12, 2010 

• April 19, 2010 

• May 26, 2010 

• June 22, 2010 

• June 28, 2010 

All completeness-related correspondence 

was placed in our public docket (EDOCKET 

EPA–HQ–OAR–2009–0330) and on our 

website (http://www.epa.gov/radiation/ 

wipp). 

Based on the information provided by 

DOE, we conclude that the 2009 CRA is 

complete. Again, this is the initial, 

administrative step that indicates DOE has 

provided information relevant to each 

applicable provision of the WIPP Compliance 

Criteria and in sufficient detail for us to 

proceed with a full technical evaluation of 

the adequacy of the application. In 

accordance with Section 8(f)(2) of the 

amended Land Withdrawal Act, EPA will 

make its final recertification decision within 

six months of this letter. 

To the extent possible, the Agency began 

conducting a preliminary technical review of 

the application upon its submittal by DOE, 

and has provided the Department with 

relevant technical comments on an ongoing 

basis. EPA will continue to conduct its 

technical review of the 2009 CRA as needed, 

and will convey further requests for 

additional information and analyses. The 

Agency will issue its compliance 

recertification decision, in accordance with 

40 CFR Part 194 and Part 191, Subparts B and 

C, after it has thoroughly evaluated the 

complete CRA and considered relevant 

public comments. The public comment 

period on our completeness determination 

will remain open for 30 days following the 

publication of this letter in the Federal 

Register. 

Thank you for your cooperation during our 

review process. Should your staff have any 

questions regarding this request, they may 

contact Tom Peake at (202) 343–9765 or by 

e-mail at peake.tom@epa.gov. 

Sincerely, 

Michael P. Flynn, 

Director, Office of Radiation and Indoor Air. 

Dated: July 7, 2010. 

Michael P. Flynn, 

Director, Office of Radiation and Indoor Air. 

[FR Doc. 2010–17141 Filed 7–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0912231441–91445–01] 

RIN 0648–AY48 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Skates Management 

in the Groundfish Fisheries of the 

Bering Sea and Aleutian Islands; 

Groundfish Annual Catch Limits for 

the Bering Sea and Aleutian Islands 

Management Area and Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendments 95 and 96 to 

the Fishery Management Plan (FMP) for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI) and Amendment 87 to the FMP 

for Groundfish of the Gulf of Alaska 

(GOA), (collectively referred to as ‘‘the 

FMPs’’). If approved, Amendment 95 

would move skates from the ‘‘other 

species’’ category to the ‘‘target species’’ 

category in the FMP. Amendments 96 

and 87 would revise the FMPs to meet 

the National Standard 1 guidelines for 

annual catch limits and accountability 

measures. These amendments would 

move all remaining species groups from 

the ‘‘other species’’ category to the 

‘‘target species’’ category, remove the 


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