[Federal Register: October 15, 1999 (Volume 64, Number 199)]
[Notices]               
[Page 55912-55913]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc99-69]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6458-2]

 
Determination of the Waste Isolation Pilot Plant's Compliance 
With Applicable Federal Environmental Laws for the Period October 1996-
1998

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) has

[[Page 55913]]

determined that, for the period October 1996 to October 1998, the U.S. 
Department of Energy (DOE) has submitted documentation that the Waste 
Isolation Pilot Plant (WIPP), operated by DOE, was in compliance with 
applicable Federal statutes, regulations, and permit requirements 
designated in Section 9(a)(1) of the WIPP Land Withdrawal Act, as 
amended. The Secretary of Energy was notified of the determination via 
letter from EPA Administrator Carol M. Browner dated October 7, 1999.
    This determination is made under the authority of Section 9 of the 
WIPP Land Withdrawal Act (WIPP LWA). (Pub. L. 102-579 and 104-201.) 
Section 9(a)(1) of the WIPP LWA requires that, as of the date of the 
enactment of the WIPP LWA, DOE shall comply with respect to WIPP with 
(1) regulations for the management and storage of radioactive waste (40 
CFR Part 191, Subpart A); (2) the Clean Air Act; (3) the Solid Waste 
Disposal Act; (4) the Safe Drinking Water Act; (5) the Toxic Substances 
Control Act; (6) the Comprehensive Environmental Response, 
Compensation, and Liability Act; and (7) all other applicable Federal 
laws pertaining to public health and safety or the environment. Section 
9(a)(2) of the WIPP LWA requires DOE biennially to submit to EPA 
documentation of continued compliance with the laws, regulations, and 
permit requirements set forth in Section 9(a)(1). (DOE is required 
biennially to submit documentation of compliance with the Solid Waste 
Disposal Act to the State of New Mexico.) Section 9(a)(3) requires the 
Administrator of EPA to determine on a biennial basis, following the 
submittal of documentation of compliance by the Secretary of DOE, 
whether the WIPP is in compliance with the pertinent laws, regulations, 
and permit requirements, as set forth at Section 9(a)(1).
    EPA has determined that for the period October 1996 to October 
1998, DOE has submitted documentation which indicates continued 
compliance with 40 CFR Part 191, Subpart A, the Clean Air Act, the Safe 
Drinking Water Act, the Toxic Substances Control Act, and the 
Comprehensive Environmental Response, Compensation, and Liability Act. 
With respect to other applicable Federal laws pertaining to public 
health and safety or the environment, as required by Section 
9(a)(1)(G), DOE's documentation also indicates that DOE was in 
compliance with the Clean Water Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), and certain statutes under the 
jurisdiction of the Department of Interior.
    This determination is not in any way related to, or a part of, 
EPA's certification decision regarding whether the WIPP complies with 
the disposal standards for transuranic radioactive waste (40 CFR Part 
191). EPA's certification rulemaking was conducted pursuant to Section 
8(d) of the WIPP LWA and is wholly separate from this regulatory 
action.

FOR FURTHER INFORMATION CONTACT: Nick Stone; telephone number: 214-665-
7226; address: WIPP Project Officer, Mail Code 6PD-N, U.S. 
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, TX 
75202. Materials related to this determination have been placed in 
Docket A-98-49, Item II-B3, located at the U.S. Environmental 
Protection Agency, Air Docket Section, Room M-1500, 401 M Street, SW, 
Washington, D.C. 20460. The docket is open for public inspection from 
8:00 a.m. until 5:30 p.m., Monday through Friday, except on Federal 
holidays. A reasonable fee may be charged for photocopying services.

    Dated: October 7, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-26964 Filed 10-14-99; 8:45 am]
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