[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Notices]
[Page 9188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5035]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5697-5]


Guidance for the Implementation of EPA's Radiation Protection 
Standards for Management and Storage of Transuranic Waste at the Waste 
Isolation Pilot Plant (``WIPP Subpart A Guidance'')

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: Pursuant to the amended Waste Isolation Pilot Plant Land 
Withdrawal Act (WIPP LWA), Pub. L. 102-579 as amended by Public Law 
104-201, EPA is required to determine, on a biennial basis, whether the 
Waste Isolation Pilot Plant (WIPP) complies with 40 CFR Part 191, 
Subpart A, the standards for management and storage of radioactive 
waste. EPA has developed guidance for the implementation of the 
generally applicable standards of Subpart A at the WIPP to evaluate the 
facility's compliance with radiation dose limits to the public during 
the receipt and emplacement of waste, and associated activities, if the 
WIPP is approved for use as a disposal system. EPA is hereby announcing 
that a revised guidance document, known as the WIPP Subpart A Guidance, 
is available to the public. In developing the guidance, EPA requested 
and considered public comments on the draft WIPP Subpart A Guidance 
that was previously announced on September 5, 1996. (61 FR 46804.)

ADDRESSES: Copies of the revised WIPP Subpart A Guidance are available 
to the public by calling EPA's WIPP Information Line at 1-800-331-WIPP. 
Copies of the WIPP Subpart A Guidance and supporting materials are also 
available for review at EPA's Office of Radiation and Indoor Air 
located at 501 3rd Street, N.W., Washington, D.C. 20001; and at the 
following addresses in New Mexico where EPA maintains public 
information files for the guidance: (1) Government Publications 
Department of the Zimmerman Library of the University of New Mexico in 
Albuquerque, New Mexico (open from 8:00 a.m. to 9:00 p.m. on Monday 
through Thursday, 8:00 a.m. to 5:00 p.m. on Friday, 9:00 a.m. to 5:00 
p.m. on Saturday, and 1:00 p.m. to 9:00 p.m. on Sunday); (2) The 
Fogelson Library of the College of Santa Fe, located at 1600 St. 
Michael's Drive, Santa Fe, New Mexico (open from 8:00 a.m. to 12:00 
midnight on Monday through Thursday, 8:00 a.m. to 5:00 p.m. on Friday, 
9:00 a.m. to 5:00 p.m. on Saturday, and 1:00 p.m. to 9:00 p.m. on 
Sunday); and (3) The Municipal Library of Carlsbad, New Mexico, located 
at 101 South Halegueno (open from 10:00 a.m. to 9:00 p.m. on Monday 
through Thursday, 10:00 a.m. to 6:00 p.m. on Friday and Saturday, and 
1:00 p.m. to 5:00 p.m. on Sunday). Citizens wishing to review these 
materials should request to see the EPA ``WIPP Subpart A Guidance 
File.''

FOR FURTHER INFORMATION CONTACT: Betsy Forinash, U.S. Environmental 
Protection Agency, Office of Radiation and Indoor Air (6602J), 401 M 
Street, S.W., Washington, D.C. 20460; (202) 233-9310.

SUPPLEMENTARY INFORMATION: The guidance document pertains to the 
requirements established in the amended WIPP LWA <SUP>1 and the federal 
regulations at 40 CFR Part 191, Subpart A. The document does not 
establish new binding requirements but will guide EPA's implementation 
of 40 CFR Part 191, Subpart A at the WIPP. Subpart A is a generally 
applicable radiation protection standard that limits radiation doses to 
the public from management of transuranic radioactive waste at disposal 
facilities operated by the Department of Energy (DOE). The DOE is 
proposing to use the WIPP, located in Eddy County, New Mexico, as a 
deep geologic repository for the disposal of transuranic radioactive 
waste generated by nuclear defense activities. The Subpart A 
regulations apply to activities associated with receiving and emplacing 
the waste in the disposal system. (Limitations on radiation doses which 
may occur after closure of the disposal system are separately addressed 
by EPA's disposal regulations at Subparts B and C of 40 CFR Part 191, 
and by WIPP compliance criteria at 40 CFR Part 194.) The amended WIPP 
LWA requires EPA to determine, on a biennial basis, whether WIPP 
complies with Subpart A of 40 CFR Part 191. EPA may also conduct this 
determination at any other time. If EPA determines that the WIPP does 
not comply with the Subpart A dose standards at any time after 
emplacement of waste has begun, the WIPP LWA requires the DOE to submit 
a remedial plan to EPA describing the actions DOE will take to comply 
with Subpart A.
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    \1\ The 1992 WIPP Land Withdrawal Act, Pub. L. 102-579, was 
amended by the ``Waste Isolation Pilot Plant Land Withdrawal Act 
Amendments,'' Pub. L. 104-201. The 1996 amendments were part of the 
National Defense Authorization Act for fiscal year 1997.
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    This guidance describes the application of Subpart A to activities 
associated with the approximately 35-year period during which packaged 
waste would be received at the above ground portion of the WIPP; 
unloaded and prepared for emplacement in the underground repository; 
lowered down a mechanical hoist and emplaced in the mined-out 
repository; and managed during the closure and decommissioning of the 
facility, if the WIPP is approved for use as a disposal system. During 
this period, the annual doses from radiation received by members of the 
public must not exceed the limits specified by Subpart A. The WIPP 
Subpart A Guidance interprets Subpart A for the WIPP and provides the 
Agency's recommendations for methods used to demonstrate and document 
compliance with the standards. The guidance also describes information 
DOE should report to EPA for the Agency's evaluation of the WIPP's 
compliance with the Subpart A dose limits.
    The guidance does not establish a new radiation dose standard and 
does not establish binding rights or duties, but will be a non-binding 
guide for EPA's evaluation of the WIPP's compliance with Subpart A. In 
a September 5, 1996 Federal Register notice (61 FR 46804), EPA 
solicited public comment on draft WIPP Subpart A Guidance. The WIPP 
Subpart A Guidance now available incorporates revisions made in light 
of those comments. EPA will update the guidance as needed in the future 
to reflect changes in policy, in radiation science or in the operation 
of the WIPP site, or as appropriate to respond to issues raised by the 
public.

    Dated: February 20, 1997.
Mary Nichols,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 97-5035 Filed 2-27-97; 8:45 am]
BILLING CODE 6560-50-P