[Federal Register Volume 70, Number 202 (Thursday, October 20, 2005)]
[Proposed Rules]
[Pages 61107-61111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20987]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[FRL-7985-8]


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 completeness of the Department of Energy's Waste 
Isolation Pilot Plant Compliance Recertification Application and 
announcement of end of public comment period.

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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 September 29, 2005. The text of the letter is contained in the 
SUPPLEMENTARY INFORMATION. The Agency has determined that the 
Compliance Recertification 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 Compliance Recertification 
Application 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 
Compliance Recertification Application (69 FR 29646-49, May 24, 2004). 
Comments must be received by EPA's official Air Docket on or before 
December 5, 2005.

ADDRESSES: Comments may be submitted by mail to: EPA Docket Center 
(EPA/DC), Air and Radiation Docket, Environmental Protection Agency, 
EPA West, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460. Attention Docket ID No. OAR-2004-0025. Comments may also be 
submitted electronically, by facsimile, or through hand delivery/
courier. Follow the detailed instructions as provided in Unit I.B of 
the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Lisa Sharp, telephone number: 202-343-
9265 or Ray Lee, telephone number: (202) 343-9601, address: Radiation 
Protection Division, U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Mail Code 6608J, Washington, DC 20460. You 
can also call EPA's toll-free WIPP Information Line, 1-800-331-WIPP or 
visit our Web site at http://www.epa/gov/radiation/wipp.

SUPPLEMENTARY INFORMATION:

I. General

A. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OAR-2004-0025. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA 
West, Room B102, 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. These documents are 
also available for review in paper form at the official EPA Air Docket 
in Washington, DC, Docket No. A-98-49, Category II-A2, and at the 
following three EPA WIPP informational docket locations in New Mexico: 
in Carlsbad at the Municipal Library, Hours: Monday-Thursday, 10 a.m.-9 
p.m., Friday-Saturday, 10 a.m.-6 p.m., and Sunday, 1 p.m.-5 p.m.; in 
Albuquerque at the Government Publications Department, Zimmerman 
Library, University of New Mexico, Hours: vary by semester; and in 
Santa Fe at the New Mexico State Library, Hours: Monday-Friday, 9 a.m.-
5 p.m. 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.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment

[[Page 61108]]

system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public comments, access the index listing of 
the contents of the official public docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the appropriate docket 
identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments. However, late 
comments may be considered if time permits.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. OAR-
2004-0025. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to <a href="/cdn-cgi/l/email-protection#c1a0eca0afa5ecb3eca5aea2aaa4b581a4b1a0efa6aeb7"><span class="__cf_email__" data-cfemail="6a0b470b040e4718470e0509010f1e2a0f1a0b440d051c">[email protected]</span></a>, Attention Docket ID No. OAR-2004-0025. In 
contrast to EPA's electronic public docket, EPA's e-mail system is not 
an ``anonymous access'' system. If you send an e-mail comment directly 
to the Docket without going through EPA's electronic public docket, 
EPA's e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    2. By Mail. Send your comments to: EPA Docket Center (EPA/DC), Air 
and Radiation Docket, Environmental Protection Agency, EPA West, Mail 
Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Attention Docket ID No. OAR-2004-0025.
    3. By Hand Delivery or Courier. Deliver your comments to: Air and 
Radiation Docket, EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC, Attention Docket ID No. OAR-
2004-0025. Such deliveries are only accepted during the Docket's normal 
hours of operation as identified in Unit I.A.1.
    4. By Facsimile. Fax your comments to: (202) 566-1741, Attention 
Docket ID. No. OAR-2004-0025.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

[[Page 61109]]

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 alpha-emitting radioactive 
isotopes, with half-lives greater than twenty years and atomic numbers 
greater than 92. The WIPP Land Withdrawal Act 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.
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    \1\ The 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.
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    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 will comply with EPA's radioactive waste disposal 
regulations at Subparts B and C of 40 CFR Part 191. EPA's certification 
determination permitted the 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, EPA has conducted ongoing 
independent technical review and inspections of all WIPP activities 
related to compliance with the EPA's disposal regulations. The initial 
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 Land 
Withdrawal Act 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. This first recertification process includes a 
review of all of the changes made at the WIPP facility since the 
original 1998 EPA certification decision.
    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 first Compliance Recertification Application on 
March 26, 2004. On May 24, 2004, EPA announced the availability of the 
Compliance Recertification Application and EPA's intent to evaluate 
compliance with the disposal regulations and compliance criteria in the 
Federal Register (69 FR 29646). At that time, EPA also began accepting 
public comments on the application.
    In a letter dated September 29, 2005, from EPA's Director of the 
Office of Radiation and Indoor Air, the Agency notified DOE that it had 
determined that the Compliance Recertification Application 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

[[Page 61110]]

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 Compliance Recertification Application 
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 six letters to DOE requesting 
additional information, which are detailed below:
    <bullet> May 20, 2004 (EPA Docket A-98-49, II-B3-72)--EPA requested 
additional information on the performance assessment and monitoring.
    <bullet> July 12, 2004 (EPA Docket A-98-49, II-B3-73)--EPA 
requested additional information on waste chemistry.
    <bullet> September 2, 2004 (EPA Docket A-98-49, II-B3-74)--EPA 
requested additional references, clarification of issues related to 
chemistry and actinide solubilities, waste inventory, hydrology, and 
documentation on computer codes and parameters.
    <bullet> December 17, 2004 (EPA Docket A-98-49, II-B3-78)--EPA 
requested additional information on the Hanford tank wastes that are 
included in the WIPP waste inventory.
    <bullet> February 3, 2005 (EPA Docket A-98-49, II-B3-79)--EPA 
requested additional information on DOE's proposed MgO emplacement 
plan.
    <bullet> March 4, 2005 (EPA Docket A-98-49, II-B3-80)--EPA 
requested additional information on performance assessment (PA) issues.
    DOE submitted the requested information with a series of 11 
letters, which were sent on the following dates:
    <bullet> July 15, 2004 (EPA Docket A-98-49, II-B2-34).
    <bullet> August 16, 2004 (EPA Docket A-98-49, II-B2-34).
    <bullet> September 7, 2004 (EPA Docket A-98-49, II-B2-36).
    <bullet> September 29, 2004 (EPA Docket A-98-49, II-B2-37).
    <bullet> October 20, 2004 (EPA Docket A-98-49, II-B2-38).
    <bullet> November 1, 2004 (EPA Docket A-98-49, II-B2-39).
    <bullet> December 17, 2004 (EPA Docket A-98-49, II-B2-40).
    <bullet> January 19, 2005 (EPA Docket A-98-49, II-B2-41).
    <bullet> March 21, 2005 (EPA Docket A-98-49, II-B2-47).
    <bullet> May 11, 2005 (EPA Docket A-98-49, II-B2-50).
    <bullet> September 20, 2005 (EPA Docket A-98-49, II-B2-51).
    All completeness related correspondence was placed in our dockets 
(A-98-49, EDOCKET No. OAR-2004-0025) and on our WIPP Web site (http://www.epa.gov/radiation/wipp).
    Since receipt of the Compliance Recertification Application, EPA 
received two rounds 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 during 
July 2004, and June 2005, to hear public comments and to discuss WIPP 
recertification. These comments were instrumental in developing EPA's 
requests for additional information from DOE, particularly regarding 
the Hanford tank waste and its inclusion in the WIPP waste inventory.
    EPA will now evaluate the complete application 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.
    The Agency will review DOE's recertification application to ensure 
that WIPP will continue to safely contain TRU radioactive waste. If EPA 
approves the Compliance Recertification Application, it will set the 
parameters for how WIPP will be operated by DOE over the following five 
years. The approved Compliance Recertification Application will then 
serve as the baseline for the next recertification. As required by the 
WIPP Land Withdrawal Act, EPA will make a final recertification 
decision within six months of issuing its completeness determination.

September 29, 2005.
Honorable Samuel W. Bodman,
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) Compliance 
Recertification Application 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 six-
month 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 Compliance Recertification Application 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 first recertification process includes a 
review of all of the changes made at the WIPP facility since the 
original 1998 EPA certification decision.
    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 Compliance Recertification 
Application on March 26, 2004, EPA immediately began its review to 
determine whether the application was complete. Shortly thereafter, 
the Agency began to identify areas of the Compliance Recertification 
Application 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.
    <bullet> May 20, 2004--EPA requested additional information on 
the performance assessment and monitoring.
    <bullet> July 12, 2004--EPA requested additional information on 
waste chemistry.
    <bullet> September 2, 2004--EPA requested additional references, 
clarification of issues related to chemistry and actinide 
solubilities, waste inventory, hydrology, and documentation on 
computer codes and parameters.
    <bullet> December 17, 2004--EPA requested additional information 
on the Hanford tank wastes that are included in the WIPP waste 
inventory.
    <bullet> February 3, 2005--EPA requested additional information 
on DOE's proposed MgO emplacement plan.
    <bullet> March 4, 2005--EPA requested additional information on 
performance assessment (PA) issues.
    DOE submitted the requested information with a series of 11 
letters, which were sent on the following dates:
    <bullet> July 15, 2004.
    <bullet> August 16, 2004.
    <bullet> September 7, 2004.
    <bullet> September 29, 2004.
    <bullet> October 20, 2004.
    <bullet> November 1, 2004.
    <bullet> December 17, 2004.
    <bullet> January 19, 2005.
    <bullet> March 21, 2005.
    <bullet> May 11, 2005.
    <bullet> September 20, 2005.
    All completeness-related correspondence was placed in our 
dockets (A-98-49, EDOCKET OAR-2004-0025) and on our Web site (http://www.epa.gov/radiation/wipp).

[[Page 61111]]

    Based on the information provided by DOE, we conclude that the 
Compliance Recertification Application is now 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 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 Compliance Recertification Application 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 45 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 Bonnie Gitlin at (202) 343-9290 or by e-mail at 
<a href="/cdn-cgi/l/email-protection#3f58564b535651115d505151565a7f5a4f5e11585049"><span class="__cf_email__" data-cfemail="dcbbb5a8b0b5b2f2beb3b2b2b5b99cb9acbdf2bbb3aa">[email protected]</span></a>.

 Sincerely,

Elizabeth A. Cotsworth.
Director, Office of Radiation and Indoor Air.

    Dated: October 13, 2005.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 05-20987 Filed 10-19-05; 8:45 am]
BILLING CODE 6560-50-P


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