[Federal Register Volume 60, Number 201 (Wednesday, October 18, 1995)]
[Notices]
[Pages 53921-53922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25774]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5314-2]
Draft 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, Public Law 102-579, EPA has issued proposed criteria for
certifying whether the Department of Energy's (DOE) Waste Isolation
Pilot Plant (WIPP) is in compliance with EPA's radioactive waste
disposal standards set forth at 40 CFR part 191 (``Environmental
Radiation Protection Standards for Management and Disposal of Spent
Nuclear Fuel, High-Level and Transuranic Radioactive Wastes''). See 60
FR 5766 (Jan. 30, 1995) (proposed compliance criteria). The EPA is
developing a WIPP compliance application guidance document that is
intended to be a companion to and based upon the WIPP compliance
criteria. The EPA is hereby announcing that a draft WIPP compliance
application guidance document is available for public comment. The
draft guidance document summarizes and, in some instances, provides
non-binding interpretations of the proposed WIPP compliance criteria
published on January 30, 1995. The EPA will fully consider timely
public comments in developing and revising the guidance document.
DATES: Comments in response to today's notice must be received by
December 18, 1995.
ADDRESSES: Copies of the draft 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.
Comments on the draft compliance application guidance document
should be submitted, in duplicate, to: Docket No. A-93-02 (Category II-
D), U.S. Environmental Protection Agency, Air Docket, Room M-1500 (LE-
131), 401 M Street, S.W., Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Tom Peake, 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. 102-579),
calls for the EPA to perform several regulatory activities for the WIPP
including: (1) issuing radioactive waste disposal standards; (2)
establishing criteria for the EPA to determine whether the WIPP
complies with the radioactive waste disposal standards; and (3)
certifying whether the 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 the DOE from commencing with the
emplacement of transuranic waste for underground disposal at the WIPP
until the EPA certifies that the facility will comply with EPA's
radioactive waste disposal standards. See section 7(b) of the WIPP Land
Withdrawal Act.
The EPA has issued final radioactive waste disposal standards,
which are codified at 40 CFR part 191. See 58 FR 66398 (Dec. 20, 1993).
The EPA has also proposed 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 60 FR 5766 (Jan. 30, 1995)
``Criteria for Certification and Determination of the Waste Isolation
Pilot Plant's Compliance with Environmental Standards for the
Management and Disposal of Spent Nuclear Fuel, High-Level and
Transuranic Radioactive Wastes.''. EPA recently announced that it was
reopening the public comment period on the proposed compliance
criteria. See 60 FR 39131 (August 1, 1995). The public is referred to
the December 20, 1993 and January 30, 1995 Federal Register notices 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 proposed rule 40 CFR part 194.
The proposed 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., 60 FR 5784-85. The draft CAG summarizes and interprets the
proposed criteria related to the contents of the compliance
certification application and, when revised, is intended to guide EPA's
assessment of whether the DOE compliance application is complete.
By this notice, the EPA is inviting the public to participate in
the development of the CAG, available in draft at the
[[Page 53922]]
public dockets identified above, by submitting written comments for
EPA's consideration. EPA requests public comments on all aspects of the
draft CAG. In particular, EPA requests the public's views on the
following questions: (1) Does the draft CAG clearly describe EPA's
expectations of a complete application? (2) Are there areas where you
believe the CAG may exceed the requirements of the proposed 40 CFR part
194? Please provide examples. (3) How can the guidance be improved?
Please provide examples.
The draft CAG is based upon the proposed compliance criteria. The
CAG, as revised, will not establish new compliance criteria or
standards and will not establish binding rights or duties but will be a
non-binding guide for EPA's completeness assessment. This notice is not
inviting comments on the proposed compliance criteria. The request for
public comments is limited to the contents of the draft CAG and its
consistency with the proposed compliance criteria.
The draft CAG will be revised and made available to the public
after the final compliance criteria are issued. 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. Thus, EPA does not plan to provide written responses
to the public comments submitted. Nevertheless, EPA will fully consider
public comments in developing the revised CAG and will make any
revisions necessary to reflect modifications to the final compliance
criteria.
As noted, the CAG will guide EPA's assessment of whether DOE's
compliance certification application is complete. Subsequently, EPA
will 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.
Mary D. Nichols,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 95-25774 Filed 10-17-95; 8:45 am]
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