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Federal Register/Vol. 63, No. 95/Monday, May 18, 1998/Rules

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Federal Register/Vol. 63, No. 95/Monday, May 18, 1998/Rules 27354 Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Rules and Regulations ENVIRONMENTAL PROTECTION section 18 of the WIPP Land B. Performance Assessment: Modeling and AGENCY Withdrawal Act of 1992 (Pub. L. 102± Containment Requirements (§§ 194.14, 579), as amended by the WIPP LWA 194.23, 194.31 through 194.34) Amendments (Pub. L. 104±201). 1. Introduction 40 CFR Part 194 2. Human Intrusion Scenarios FOR FURTHER INFORMATION CONTACT [FRLÐ6014±9] : (a) Introduction Betsy Forinash, Scott Monroe, or Sharon (b) Spallings RIN 2060±AG85 White; telephone number (202) 564± (c) Air Drilling 9310; address: Radiation Protection (d) Fluid Injection Criteria for the Certification and Division, Center for the Waste Isolation (e) Potash Mining Recertification of the Waste Isolation Pilot Plant, Mail Code 6602±J, U.S. (f) Carbon Dioxide Injection Pilot Plant's Compliance With the Environmental Protection Agency, 401 (g) Other Drilling Issues 3. Geological Scenarios and Disposal Disposal Regulations: Certification M Street S.W., Washington, DC 20460. Decision System Characteristics For copies of the Compliance (a) Introduction AGENCY: Environmental Protection Application Review Documents (b) WIPP Geology Overview Agency. supporting today's action, contact Scott (c) Rustler Recharge (d) Dissolution ACTION: Final rule. Monroe. The Agency is also publishing a document, accompanying today's (e) Presence of Brine in the Salado SUMMARY: The Environmental Protection action, which responds in detail to (f) Gas Generation Model Agency (``EPA'') is certifying that the significant public comments that were (g) Two-Dimensional Modeling of Brine Department of Energy's (``DOE'') Waste and Gas Flow received on the proposed certification (h) Earthquakes Isolation Pilot Plant (``WIPP'') will decision. This document, entitled (i) Conclusion comply with the radioactive waste ``Response to Comments,'' may be 4. Parameter Values disposal regulations set forth at obtained by contacting Sharon White at (a) Introduction Subparts B and C of 40 CFR Part 191 the above phone number and address. (b) Distribution Coefficient (Kd) (Environmental Standards for the Copies of these documents are also (c) Actinide Solubility Management and Disposal of Spent available for review in the Agency's Air (d) Brine Pockets Nuclear Fuel, High-Level and Docket A±93±02. (e) Permeability of Borehole Plugs 5. Other Performance Assessment Issues Transuranic Radioactive Waste). The SUPPLEMENTARY INFORMATION: EPA is required to evaluate whether the (a) Sensitivity Analysis Table of Contents (b) Performance Assessment Verification WIPP will comply with EPA's standards Test I. What is the WIPP? for the disposal of radioactive waste by 6. Conclusions the WIPP Land Withdrawal Act II. What is the purpose of today's action? III. With which regulations must the WIPP C. General Requirements (``LWA'') of 1992, as amended. EPA's comply? 1. Quality Assurance (§ 194.22) certification of compliance allows the IV. What is the decision on whether the 2. Waste Characterization (§ 194.24) emplacement of radioactive waste in the WIPP complies with EPA's regulations? 3. Future State Assumptions (§ 194.25) WIPP to begin, provided that all other A. Certification Decision 4. Expert Judgment (§ 194.26) applicable health and safety standards, B. Conditions 5. Peer Review (§ 194.27) and other legal requirements, have been C. Land Withdrawal Act Section 4(b)(5)(B) D. Assurance Requirements Leases 1. Active Institutional Controls (§ 194.41) met. The certification constitutes final 2. Monitoring (§ 194.42) approval under the WIPP LWA for D. EPA's Future Role at the WIPP (recertification, enforcement of 3. Passive Institutional Controls (§ 194.43) shipment of transuranic waste from conditions) 4. Engineered Barriers (§ 194.44) specific waste streams from Los Alamos V. What information did EPA examine to 5. Consideration of the Presence of National Laboratory for disposal at the make its decision? Resources (§ 194.45) WIPP. However, the certification is VI. In making its final decision, how did EPA 6. Removal of Waste (§ 194.46) subject to four specific conditions, most incorporate public comments on the E. Individual and Ground-water Protection notably that EPA must approve site- proposed rule? Requirements (§§ 194.51±55) specific waste characterization measures A. Introduction and the Role of Comments IX. Does DOE need to buy existing oil and gas leases near the WIPP? and quality assurance programs before in the Rulemaking Process B. Significant Changes Made to the Final X. Why and how does EPA regulate the other waste generator sites may ship Rule in Response to Comments WIPP? waste for disposal at the WIPP. The VII. How did EPA respond to general A. The WIPP Land Withdrawal Act Agency is amending the WIPP comments on its proposed certification B. Limits of EPA's Regulatory Authority at compliance criteria (40 CFR Part 194) by decision? the WIPP adding Appendix A that describes VIII. How did EPA respond to major C. Compliance with Other Environmental EPA's certification, incorporating the technical issues raised in comments? Laws and Regulations approval processes for waste generator A. Content of Compliance Certification XI. How has the public been involved in sites to ship waste for disposal at the Application (§ 194.14) EPA's WIPP activities? A. Public Involvement Prior to Proposed WIPP, and adding a definition for 1. Site Characterization and Disposal System Design Rule ``Administrator's authorized (a) Shaft Seals B. Proposed Certification Decision representative.'' Finally, EPA is (b) Panel Closure System C. Public Hearings on Proposed Rule finalizing its decision, also pursuant to 2. Results of Assessments, Input D. Additional Public Input on the Proposed the WIPP LWA, that DOE does not need Parameters to Performance Assessments, Rule to acquire existing oil and gas leases Assurance Requirements, and Waste E. Final Certification Decision, Response to near the WIPP to comply with the Acceptance Criteria Comments Document disposal regulations. 3. Background Radiation, Topographic F. Dockets Maps, Past and Current Meteorological XII. How will the public be involved in EFFECTIVE DATE: This decision is Conditions EPA's future WIPP activities? effective June 17, 1998. A petition for 4. Other Information Needed for XIII. Where can I get more information about review of this final action must be filed Demonstration of Compliance EPA's WIPP activities? no later than July 17, 1998, pursuant to 5. Conclusion A. Technical Support Documents Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Rules and Regulations 27355 B. WIPP Information Line, Mailing List, across the United States, including and clarify the basis on which EPA's and Internet Homepage locations in Colorado, Idaho, New certification decision is made. XIV. Regulatory Analysis/Administrative Mexico, Nevada, Ohio, South Carolina, IV. What Is the Decision on Whether Requirements Tennessee, and Washington. Much of A. Executive Order 12866 the WIPP Complies With EPA's the waste proposed for disposal at the B. Regulatory Flexibility Regulations? C. Paperwork Reduction Act WIPP will be generated in the future. A. Certification Decision D. Unfunded Mandates Reform Act II. What Is the Purpose of Today's E. Executive Order 12898 Action? The EPA finds that DOE has F. Small Business Regulatory Enforcement demonstrated that the WIPP will Fairness Act of 1996 Before disposal of radioactive waste comply with EPA's radioactive waste G. National Technology Transfer & can begin at the WIPP, the U.S. Advancement Act of 1995 disposal regulations at Subparts B and Environmental Protection Agency C of 40 CFR Part 191. This decision H. Executive Order 13045ÐChildren's (``EPA,'' or ``the Agency'') must certify Health Protection allows the WIPP to begin accepting that the WIPP facility will comply with transuranic waste for disposal, provided I. What is the WIPP? EPA's radioactive waste disposal that other applicable environmental regulations (Subparts B and C of 40 CFR The Waste Isolation Pilot Plant 3 regulations have been met and once a (``WIPP'') is a potential disposal system Part 191). The purpose of today's action 30-day Congressionally-required waiting for radioactive waste. Developed by the is to issue EPA's certification decision. period has elapsed.4 EPA's decision is Department of Energy (``DOE'' or ``the With today's action, EPA will add to based on a thorough review of Department''), the WIPP is located near the Code of Federal Regulations a new information submitted by DOE, Carlsbad in southeastern New Mexico. Appendix A to 40 CFR Part 194 independent technical analyses, and The DOE intends to bury radioactive describing EPA's certification decision public comments. The EPA determined waste 2150 feet underground in an and the conditions that apply to the that DOE met all of the applicable ancient layer of salt which will certification. The Agency is adding a requirements of the WIPP compliance eventually ``creep'' and encapsulate new section, § 194.8, to the WIPP criteria at 40 CFR Part 194. However, as waste containers. The WIPP has a total compliance criteria (40 CFR Part 194) discussed below, DOE must meet capacity of 6.2 million cubic feet of that describes the processes EPA will certain conditions in order to maintain waste. use to approve quality assurance and a certification for the WIPP and before Congress authorized the development waste characterization programs at shipping waste for disposal at the WIPP. and construction of the WIPP
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