[Federal Register Volume 61, Number 85 (Wednesday, May 1, 1996)]
[Notices]
[Pages 19283-19284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10815]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5465-7]


Waste Isolation Pilot Plant Compliance Application Guidance (CAG) 
Document

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability.

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SUMMARY: Pursuant to the Waste Isolation Pilot Plant Land Withdrawal 
Act, Pub. L. No. 102-579, EPA issued final criteria for certifying 
whether the Department of Energy's (DOE) Waste Isolation Pilot Plant 
(WIPP) complies with EPA's radioactive waste disposal standards set 
forth at 40 CFR part 191 (``Environmental Radiation Protection 
Standards for Management and Disposal

[[Page 19284]]

of Spent Nuclear Fuel, High-Level and Transuranic Radioactive Wastes'') 
published on February 9, 1996. The EPA has developed a WIPP compliance 
application guidance document that is intended to be a companion to and 
based upon the WIPP compliance criteria. The EPA hereby announces that 
the WIPP compliance application guidance document is available to the 
public. The guidance document summarizes and, in some instances, 
provides non-binding interpretations of the final WIPP compliance 
criteria. In developing the guidance document, the EPA considered 
public comments on the draft compliance application guidance document 
that was announced on October 18, 1995.

ADDRESSES: Copies of the compliance application guidance document are 
available to the public at EPA Docket No. A-93-02 (Category II-B) 
maintained at the following addresses: (1) room 1500 (first floor in 
the Waterside Mall near the Washington Information Center), U.S. 
Environmental Protection Agency, Air Docket, 401 M Street, S.W., 
Washington, D.C. 20460 (open from 8:00 a.m. to 4:00 p.m. on weekdays); 
(2) EPA's docket in the Government Publications Department of the 
Zimmerman Library of the University of New Mexico located 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); (3) EPA's 
docket in the Fogelson Library of the College of Santa Fe, located at 
1600 St. Michaels 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 (4) EPA's docket in 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). As provided in 40 
CFR Part 2, a reasonable fee may be charged for photocopying docket 
materials.

FOR FURTHER INFORMATION CONTACT: Agnes Ortiz, 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 Department of Energy is proposing to use 
the Waste Isolation Pilot Plant (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 1992 
Waste Isolation Pilot Plant Land Withdrawal Act (Pub. L. No. 102-579) 
calls for EPA to perform several regulatory activities for the WIPP, 
including: (1) issuing radioactive waste disposal standards; (2) 
establishing criteria for EPA to determine whether the WIPP complies 
with the radioactive waste disposal standards; and (3) certifying 
whether DOE's WIPP facility complies with the disposal standards, based 
on a DOE submitted compliance certification application. See section 8 
of the WIPP Land Withdrawal Act. The WIPP Land Withdrawal Act prohibits 
DOE from commencing the emplacement of transuranic waste for 
underground disposal at the WIPP until EPA certifies that the facility 
will comply with EPA's radioactive waste disposal standards. See 
section 7(b) of the WIPP Land Withdrawal Act.
    EPA issued final radioactive waste disposal standards, which are 
codified at 40 CFR part 191. See 58 FR 66398 (Dec. 20, 1993). EPA also 
issued final criteria, to be codified at 40 CFR part 194, for 
certifying whether the WIPP facility will comply with EPA's radioactive 
waste disposal standards. See 61 FR 5224 (Feb. 9, 1996) ``Criteria for 
the Certification and Recertification of the Waste Isolation Pilot 
Plant's Compliance with the 40 CFR Part 191 Disposal Regulations''. The 
public is referred to the Federal Register notices of December 20, 
1993, and February 9, 1996, for more detailed information about the 
EPA's regulatory activities at the WIPP.
    The compliance application guidance (CAG), the subject of this 
notice, is a guidance document for the final compliance criteria 40 CFR 
part 194. The final compliance criteria provide that EPA's evaluation 
for certifying, by rule, whether WIPP is in compliance with the 
radioactive waste disposal standards will be initiated after EPA 
determines that DOE has submitted a complete compliance certification 
application. See, e.g., 61 FR 5238. The CAG summarizes and interprets 
the final criteria related to the contents of the compliance 
certification application and is intended to guide EPA's assessment of 
whether the DOE compliance application is complete. Because it is a 
non-binding, interpretive document, the CAG is not subject to the 
notice-and-comment rulemaking requirements of the Administrative 
Procedure Act, 5 U.S.C. 553.
    As noted, the CAG will guide EPA's assessment of whether DOE's 
compliance certification application is complete. If the compliance 
certification application is found to be complete, EPA will 
subsequently determine, by rule, whether the WIPP facility is in 
compliance with the EPA's radioactive waste disposal standards. See 
section 8 (d) of the WIPP Land Withdrawal Act. EPA's certification 
decision will be made only after EPA reviews DOE's compliance 
certification application based on the final compliance criteria, and 
conducts a WIPP certification proceeding in accordance with the 
Administrative Procedure Act rulemaking requirements at 5 U.S.C. 553. 
Thus, before the Administrator of EPA makes any final WIPP 
certification decision, EPA will issue a proposed decision in the 
Federal Register and provide an opportunity for public comment on the 
proposal. The subsequent final certification decision by the 
Administrator will consider the comments received in response to the 
proposal and be accompanied with a reply to significant public 
comments.

    Dated: April 23, 1996.
Richard Wilson,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 96-10815 Filed 4-30-96; 8:45 am]
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