[Federal Register: May 9, 2003 (Volume 68, Number 90)]
[Notices]
[Page 25032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my03-83]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7495-9]
Determination of the Waste Isolation Pilot Plant's Compliance
With Applicable Federal Environmental Laws for the Period 2000 to 2002
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: Based on documentation submitted by the U.S. Department of
Energy (DOE) for the Waste Isolation Pilot Plant (WIPP), the U.S.
Environmental Protection Agency (EPA or ``we'') determined that between
2000 and 2002, DOE operated the WIPP facility 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
a letter from EPA Administrator Christine Todd Whitman dated May 2,
2003.
We made this determination under the authority of Section 9 of the
WIPP Land Withdrawal Act (WIPP LWA). (Pub. L. Nos. 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; regulations for the management and storage of radioactive waste
(40 CFR part 191, subpart A); the Clean Air Act; the Solid Waste
Disposal Act; the Safe Drinking Water Act; the Toxic Substances Control
Act; the Comprehensive Environmental Response, Compensation, and
Liability Act; and 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 must also submit
similar 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).
We determined that for the period 2000 to 2002, the DOE-submitted
documentation showed 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 directly related to, or a part of, our
certification decision regarding whether the WIPP complies with EPA's
disposal regulations for transuranic radioactive waste at 40 CFR part
191.
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-B2-14, located at the U.S. Environmental Protection
Agency, Air and Radiation Docket, Attn: Docket A-98-49, EPA Docket
Center (EPA/DC), EPA West, Mail Code 6102T, 1200 Pennsylvania Ave.,
NW., Washington, DC, 20460. The docket is open for public inspection
from 8 a.m. until 5:30 p.m., Monday through Friday, except on Federal
holidays. A reasonable fee may be charged for photocopying services.
Dated: May 2, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-11525 Filed 5-8-03; 8:45 am]
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