[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Notices]
[Page 60704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30481]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5657-2]
Termination of Review of Department of Energy Petition to EPA for
a No-Migration Determination for the Waste Isolation Pilot Plant (WIPP)
Under the Resource Conservation and Recovery Act
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency announces that the Office
of Solid Waste has terminated its review of the final no-migration
petition for the Department of Energy's (DOE) Waste Isolation Pilot
Plant (WIPP). The WIPP is a geological repository intended for the
disposal of mixed hazardous and radioactive wastes. The hazardous
portion of the waste was originally subject to EPA's land disposal
restrictions of the Resource Conservation and Recovery Act (RCRA). On
September 23, 1996 the President signed Public Law 104-201 that, among
other things, exempts WIPP from the provisions of the land disposal
restrictions. Consequently, EPA has terminated its review of DOE's no-
migration petition, effective October 1, 1996.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at (800) 424-9346 or TDD (800) 553-7672 (hearing
impaired). In the Washington, DC, metropolitan area, call (703) 412-
9810 or TDD (703) 412-3323.
For more detailed information on specific aspects of the issues
discussed in this notice, contact Reid Rosnick (703-308-8758),
(rosnick.reid@epamail.epa.gov), or Chris Rhyne (703-308-8658),
(rhyne.chris@epamail.epa.gov), Office of Solid Waste (5303W), U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC
20460.
SUPPLEMENTARY INFORMATION: Wastes proposed for disposal at WIPP are
mixed wastes, and are defined as a mixture of hazardous waste
regulated under Subtitle C of RCRA, and radioactive materials
regulated under the Atomic Energy Act. Consequently, these wastes
have been regulated by EPA and the State of New Mexico as a
hazardous waste, and by EPA (the Office of Radiation and Indoor
Air) as a radioactive material.
Prior to the National Defense Authorization Act for Fiscal Year
1997, the hazardous portion of the wastes were subject to the land
disposal restrictions found in section 3004 (m) of RCRA, and codified
in the Code of Federal Regulations at 40 CFR part 268. The regulations
require that hazardous wastes be treated to specific standards prior to
any land disposal, unless a ``no-migration'' demonstration can be made
in accordance with 40 CFR 268.6. Persons seeking a no-migration
determination must submit a petition to the EPA Administrator ``* * *
demonstrating, to a reasonable degree of certainty, that there will be
no migration of hazardous waste, or hazardous waste constituents from
the disposal unit or injection zone for as long as the wastes remain
hazardous.''
In June 1996, DOE submitted a no-migration petition to the Agency.
This petition was designed to demonstrate that there would be no
migration of the hazardous wastes disposed of at the WIPP for at least
10,000 years. The Agency announced the availability of the petition in
the Federal Register on August 19, 1996 (see 61 FR 42899), and provided
60 days of public comment on the petition. EPA then began a
completeness check and technical review of the petition.
In September 1996, the President signed the National Defense
Authorization Act for Fiscal Year 1997. Included as a subsection of the
Act was the Waste Isolation Pilot Plant Land Withdrawal Amendments Act,
which prescribed significant changes to the way that RCRA applies to
WIPP. The Act states that transuranic mixed waste designated by the
Secretary of DOE for disposal at WIPP is exempt from the treatment
standards promulgated pursuant to section 3004(m) of the Solid Waste
Disposal Act and is not subject to the land disposal restrictions in
sections 3004 (d), (e), (f), and (g) of the Solid Waste Disposal Act
(the land disposal restrictions). Consequently, EPA terminated review
of the no-migration petition for the WIPP when the bill was signed into
law. It was the sense of the Congress that the land disposal
restrictions, which restrict the land disposal of the hazardous portion
of the mixed waste, were redundant with EPA's radioactive waste
compliance certification standards at 40 CFR 191 and 194 (Congressional
Record, June 20, 1996, page S6591). The 191 and 194 standards must be
met by DOE prior to shipment of waste to WIPP, and in essence require
that the transuranic waste be contained within the prescribed
boundaries for at least 10,000 years.
In addition to EPA's role in regulation of the WIPP through the
radiation protection standards, the hazardous portion of the mixed
transuranic waste will continue to be regulated by the State of New
Mexico through the RCRA hazardous waste permitting program. DOE must
obtain a permit from the State that shows that the hazardous portion of
the waste will be safely handled during the operating life of the
facility, the closure period (when the facility shafts are sealed and
permanent markers are installed), and for a period of time after
closure known as the post-closure period. The State's RCRA permit,
along with the compliance certification issued by EPA, will ensure that
there is adequate protection of human health and the environment during
and after disposal operations at WIPP.
EPA will continue to participate in the regulation of the WIPP
under RCRA by offering assistance to the State of New Mexico in the
preparation of the RCRA permit for the facility.
Dated: November 22, 1996.
Elliott P. Laws,
Assistant Administrator for Solid Waste and Emergency Response.
[FR Doc. 96-30481 Filed 11-27-96; 8:45 am]
BILLING CODE 6560-50-P
