[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Notices]
[Pages 46804-46805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22651]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5605-5]
Draft Guidance for the Implementation of EPA's Radiation
Protection Standards for Management and Storage of Radioactive 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 1992 Waste Isolation Pilot Plant Land
Withdrawal Act (LWA), Public Law 102-579, 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 is developing 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 in the
disposal system, and associated activities. EPA is hereby announcing
that draft guidance, known as the WIPP Subpart A Guidance, is available
for public comment. The EPA will fully consider timely public comments
in revising the guidance document.
DATES: Comments in response to today's document must be received by
October 7, 1996.
ADDRESSES: Copies of the draft WIPP Subpart A Guidance are available to
the public by calling EPA's WIPP Information Line at 1-800-331-WIPP.
Copies of the draft 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.''
Comments on the draft WIPP Subpart A Guidance should be submitted
in duplicate to: 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.
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 draft guidance document pertains to the
requirements established in the WIPP LWA 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 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
[[Page 46805]]
of waste has begun, the WIPP LWA requires the DOE to submit a remedial
plan to EPA.
This guidance describes the application of Subpart A to activities
associated with the 25- to 30-year period during which packaged waste
would arrive at the above ground portion of the WIPP, be unloaded and
prepared for emplacement in the underground repository, and ultimately
lowered down a mechanical hoist and emplaced in the mined-out
repository, if the WIPP is approved for use as a disposal system.
During this period, the annual doses from radiation received by members
of the general 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.
By today's action, the EPA is inviting the public to comment on the
WIPP Subpart A Guidance, available in draft at the addresses identified
above, by submitting written comments for EPA's consideration. EPA
requests comments on all aspects of the draft guidance for the
implementation of 40 CFR Part 191, Subpart A for the WIPP.
The draft WIPP Subpart A Guidance will be revised and made
available to the public. Revised guidance is expected to be made
available in fall 1996. The draft guidance interprets 40 CFR Part 191,
Subpart A. The guidance does not establish a new 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. Because it is
a non-binding, interpretive document, the WIPP Subpart A Guidance is
not subject to the notice-and-comment rulemaking requirements of the
Administrative Procedures 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
WIPP Subpart A Guidance.
Dated: August 28, 1996.
Richard Wilson,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 96-22651 Filed 9-04-96; 8:45 am]
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