[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Proposed Rules]
[Pages 39131-39132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18834]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 194
[FRL-5266-7]
RIN 2060-AE30
Criteria for the 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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; Re-opening public comment period.
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SUMMARY: The Environmental Protection Agency (EPA) is re-opening the
public comment period on previously proposed criteria for certifying
and determining whether the Department of Energy's Waste Isolation
Pilot Plant (WIPP) complies with the disposal standards set forth in 40
CFR 191 (Environmental Radiation Protection Standards for the
Management and Disposal of Spent Nuclear Fuel, High-Level and
Transuranic Radioactive Wastes). The proposed criteria and accompanying
information were published in the Federal Register on January 30, 1995
(60 FR 5766-5791).
DATES: Comments in response to today's document must be received by
September 15, 1995.
ADDRESSES: Comments in response to today's document should be
submitted, in duplicate, to: Docket No. A-92-56, Air Docket, room M-
1500 (6102), U.S. Environmental Protection Agency, 401 M Street SW.,
Washington, DC, 20460.
FOR FURTHER INFORMATION CONTACT: Mary Kruger or Elizabeth Forinash;
telephone (202) 233-9310; address: Criteria and Standards Division,
Mail Code 6602J, U.S. Environmental Protection Agency, 401 M Street
SW., Washington, DC, 20460. The proposed criteria and supplementary
information are located in Docket A-92-56. The DOE draft compliance
application, described below, is located in Docket A-93-02
SUPPLEMENTARY INFORMATION: The Department of Energy has proposed to use
the WIPP, an underground geological repository in Eddy County, New
Mexico, for the disposal of radioactive waste generated by atomic
energy defense activities. On January 30, 1995 (60 FR 5766-5791), EPA
published proposed criteria for certifying and determining whether the
WIPP complies with EPA's radiation protection disposal standards set
forth in 40 CFR 191. The final criteria will be used by EPA in
determining whether the WIPP disposal system complies with the disposal
standards, based on a compliance certification application to be
submitted by DOE. See section 8 of the WIPP Land Withdrawal Act, Pub.
L. No. 102-579.
EPA held a 90-day public comment period on the January 30, 1995
proposed WIPP compliance criteria that concluded on May 1, 1995. See 60
FR at 5766. EPA also conducted public hearings to receive additional
public comments on the proposed criteria. The hearings were held in New
Mexico from March 21-24, 1995. See 60 FR at 11060.
EPA received a request that EPA extend the initial 90-day public
comment period by at least 30 days. In addition, DOE has submitted to
EPA, in two parts, a draft compliance certification application. The
DOE submittals have been placed in the compliance certification docket
No. A-93-02, identified above. EPA does not expect DOE's draft
compliance certification application to influence the contents of EPA's
final compliance criteria. Nevertheless, members of the public have
expressed concern that the draft application may affect EPA's final
criteria.
EPA is re-opening the public comment period on the proposed
compliance criteria until September 15, 1995, after considering the
general request to extend the initial public comment period and to
provide an opportunity for the public to comment on the proposed
compliance criteria in light of DOE's draft compliance certification
application. Comments in response to today's document must be received
by September 15, 1995. The public is referred to the January 30, 1995
Federal Register, 60 FR 5766-5791, which contains the compliance
criteria and accompanying information.
EPA will shortly announce a separate opportunity for public comment
on DOE's draft compliance certification application. These comments
will be considered in EPA's staff-level review of the draft
application. EPA's staff-level review of the DOE draft application has
no binding legal effect. EPA will determine whether the WIPP facility
is in compliance with EPA's radiation disposal standards only after EPA
issues final compliance criteria, receives a final DOE compliance
certification application, and conducts a WIPP certification rulemaking
proceeding in accordance with the Administrative Procedure Act
rulemaking requirements at 5 U.S.C. 553.
Additional Docket Information
The Agency is currently maintaining the following public
information dockets: (1) Dockets No. A-92-56 and A-93-02, located in
room 1500 (first floor in Waterside Mall near the Washington
Information Center), U.S. Environmental Protection Agency, 401 M Street
SW., Washington, DC 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 in Santa Fe,
New Mexico located at 1600 St. Michaels Drive (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, 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 S. 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
[[Page 39132]]
reasonable fee may be charged for photocopying docket materials.
Richard Wilson,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 95-18834 Filed 7-31-95; 8:45 am]
BILLING CODE 6560-50-P