[Federal Register Volume 66, Number 157 (Tuesday, August 14, 2001)]
[Notices]
[Page 42655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20387]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-07033-5]
Determination of the Waste Isolation Pilot Plant's Compliance
With Applicable Federal Environmental Laws for the Period 1998 to 2000
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
1998 and 2000, 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 August 7,
2001.
We made this determination under the authority of Section 9 of the
WIPP Land Withdrawal Act (WIPP LWA). (Public Law 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 Substance
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 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 in section 9(a)(1).
We determined that for the period 1998 to 2000, 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 in any way 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. We issued the 1998 WIPP certification decision pursuant to section
8(d) of the WIPP LWA, 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 located at the U.S. Environmental Protection Agency, Air
Docket Section, Room M-1500, 401 M Street, SW., 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: August 7, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-20387 Filed 8-13-01; 8:45 am]
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