40 C.F.R. Subpart D—Public Participation
Title 40 - Protection of Environment
(a) Upon receipt of a compliance application submitted pursuant to section 8(d)(1) of the WIPP LWA and §194.11, the Agency will publish in the (b) A copy of the compliance application will be made available for inspection in Agency dockets established pursuant to §194.67. (c) The notice will provide a public comment period of 120 days. (d) A public hearing concerning the notice will be held if a written request is received by the Administrator or the Administrator's authorized representative within 30 calendar days of the date of publication pursuant to paragraph (a) of this section. (e) Any comments received on the notice will be made available for inspection in the dockets established pursuant to §194.67. (f) Any comments received on the notice will be provided to the Department and the Department may submit to the Agency written responses to the comments.
Title 40: Protection of Environment
PART 194—CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS
Subpart D—Public Participation
§ 194.61 Advance notice of proposed rulemaking for certification.
§ 194.62 Notice of proposed rulemaking for certification.
(a) The Administrator will publish a Notice of Proposed Rulemaking in the
(b) The notice will provide a public comment period of at least 120 days.
(c) The notice will announce public hearings in New Mexico.
(d) Any comments received on the notice will be made available for inspection in the dockets established pursuant to §194.67.
§ 194.63 Final rule for certification.
(a) The Administrator will publish a Final Rule in the
(b) A document summarizing significant comments and issues arising from comments received on the Notice of Proposed Rulemaking, as well as the Administrator's response to such significant comments and issues, will be prepared and will be made available for inspection in the dockets established pursuant to §194.67.
§ 194.64 Documentation of continued compliance.
(a) Upon receipt of documentation of continued compliance with the disposal regulations pursuant to section 8(f) of the WIPP LWA and §194.11, the Administrator will publish a notice in the
(b) Copies of documentation of continued compliance received by the Administrator will be made available for inspection in the dockets established pursuant to §194.67.
(c) The notice will provide a public comment period of at least 30 days after publication pursuant to paragraph (a) of this section.
(d) Any comments received on such notice will be made available for public inspection in the dockets established pursuant to §194.67.
(e) Upon completion of review of the documentation of continued compliance with the disposal regulations, the Administrator will publish a notice in the
§ 194.65 Notice of proposed rulemaking for modification or revocation.
(a) If the Administrator determines that any changes in activities or conditions pertaining to the disposal system depart significantly from the most recent compliance application, the Agency will publish a Notice of Proposed Rulemaking in the
(b) Any comments received on the notice will be made available for inspection in the dockets established pursuant to §194.67.
§ 194.66 Final rule for modification or revocation.
(a) The Administrator will publish a Final Rule in the
(b) A document summarizing significant comments and issues arising from comments received on the Notice of Proposed Rulemaking as well as the Administrator's response to such significant comments and issues will be prepared and will be made available for inspection in the dockets established pursuant to §194.67.
§ 194.67 Dockets.
The Agency will establish and maintain dockets in the State of New Mexico and Washington, DC. The dockets will consist of all relevant, significant information received from outside parties and all significant information considered by the Administrator in certifying whether the WIPP facility will comply with the disposal regulations, in certifying whether or not the WIPP facility continues to be in compliance with the disposal regulations, and in determining whether compliance certification should be modified, suspended or revoked.
Appendix A to Part 194—Certification of the Waste Isolation Pilot Plant's Compliance With the 40 CFR Part 191 Disposal Regulations and the 40 CFR Part 194 Compliance Criteria
In accordance with the provisions of the WIPP Compliance Criteria of this part, the Agency finds that the Waste Isolation Pilot Plant (“WIPP”) will comply with the radioactive waste disposal regulations at part 191, subparts B and C, of this chapter. Therefore, pursuant to Section 8(d)(2) of the WIPP Land Withdrawal Act (“WIPP LWA”), as amended, the Administrator certifies that the WIPP facility will comply with the disposal regulations. In accordance with the Agency's authority under §194.4(a), the certification of compliance is subject to the following conditions:
Condition 1: §194.14(b), Disposal system design, panel closure system. The Department shall implement the panel seal design designated as Option D in Docket A–93–02, Item II–G–1 (October 29, 1996, Compliance Certification Application submitted to the Agency). The Option D design shall be implemented as described in Appendix PCS of Docket A–93–02, Item II–G–1, with the exception that the Department shall use Salado mass concrete (consistent with that proposed for the shaft seal system, and as described in Appendix SEAL of Docket A–93–02, Item II–G–1) instead of fresh water concrete.
Condition 2: §194.22: Quality Assurance. The Secretary shall not allow any waste generator site other than the Los Alamos National Laboratory to ship waste for disposal at the WIPP until the Agency determines that the site has established and executed a quality assurance program, in accordance with §§194.22(a)(2)(i), 194.24(c)(3) and 194.24(c)(5) for waste characterization activities and assumptions. The Agency will determine compliance of site-specific quality assurance programs at waste generator sites using the process set forth in §194.8.
Condition 3: §194.24: Waste Characterization. The Secretary may allow shipment for disposal at the WIPP of legacy debris waste at the Los Alamos National Laboratory (“LANL”) that can be characterized using the systems and processes inspected by the Agency and documented in Docket A–93–02, Item II–I–70. The Secretary shall not allow shipment of any waste from any additional LANL waste stream(s) or from any waste generator site other than LANL for disposal at the WIPP until the Agency has approved the processes for characterizing those waste streams for shipment using the process set forth in §194.8.
Condition 4: §194.43, Passive institutional controls.
(a) Not later than the final recertification application submitted prior to closure of the disposal system, the Department shall provide, to the Administrator or the Administrator's authorized representative:
(1) a schedule for implementing passive institutional controls that has been revised to show that markers will be fabricated and emplaced, and other measures will be implemented, as soon as possible following closure of the WIPP. Such schedule should describe how testing of any aspect of the conceptual design will be completed prior to or soon after closure, and what changes to the design of passive institutional controls may be expected to result from such testing.
(2) documentation showing that the granite pieces for the proposed monuments and information rooms described in Docket A–93–02, Item II–G–1, and supplementary information may be: quarried (cut and removed from the ground) without cracking due to tensile stresses from handling or isostatic rebound; engraved on the scale required by the design; transported to the site, given the weight and dimensions of the granite pieces and the capacity of existing rail cars and rail lines; loaded, unloaded, and erected without cracking based on the capacity of available equipment; and successfully joined.
(3) documentation showing that archives and record centers will accept the documents identified and will maintain them in the manner identified in Docket A–93–02, Item II–G–1.
(4) documentation showing that proposed recipients of WIPP information other than archives and record centers will accept the information and make use of it in the manner indicated by the Department in Docket A–93–02, Item II–G–1 and supplementary information.
(b) Upon receipt of the information required under paragraph (a) of this condition, the Agency will place such documentation in the public dockets identified in §194.67. The Agency will determine if a modification to the compliance certification in effect is necessary. Any such modification will be conducted in accordance with the requirements at §§194.65 and 194.66.
[63 FR 27405, May 18, 1998]
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