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EPA/AR

RIN: 2060-AG85

Publication ID: Fall 1998

Title: Waste Isolation Pilot Plant (WIPP) Compliance Certification Rulemaking
Abstract: The Waste Isolation Pilot Plant (WIPP) Land Withdrawal Act (Act), amended October 30, 1992, gave the EPA the authority to certify WIPP's compliance with standards developed by EPA for disposal of radioactive waste. This Act supplements EPA's authority, under the Atomic Energy Act and Reorganization Plan No. 3 of 1970, to establish environmental standards that protect the public and the environment from radioactive materials. The Act prescribed the framework for EPA's regulatory oversight of the WIPP disposal system. ^PThe Department of Energy (DOE) is developing the WIPP as a potential deep geologic repository for the disposal of defense transuranic (TRU) radioactive waste. Most TRU waste proposed for disposal at the WIPP consists of items that have become contaminated as a result of activities associated with the production of nuclear weapons, e.g., rags, equipment, tools, protective gear, and organic or inorganic sludges. The WIPP is located in southeastern New Mexico, near Carlsbad, approximately 2,100 feet underground in excavated, natural salt formation. Some of the waste that would be disposed of at the WIPP is currently stored at Federal facilities across the United States. Most of the waste proposed for disposal at the WIPP will be generated in the future as nuclear weapons are disassembled and sites are cleaned up. ^PBefore DOE can dispose of waste at the WIPP, it must demonstrate that the WIPP complies with EPA's radioactive waste disposal standards at subparts B and C of 40 CFR 191. DOE submitted its compliance certification application (CCA) to EPA on October 29, 1996, showing how the WIPP facility will meet the standards. The compliance criteria at 40 CFR 194, which are specific to the WIPP, will be used by EPA to implement the radioactive waste disposal standards. (Continued in additional information)
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 194
Legal Authority: PL 102-579 as amended by PL 104-201

Legal Deadline:

Action	Source	Description	Date
Other	Statutory	Land Withdrawal Act	05/16/1998

Timetable:

Action	Date	FR Cite
ANPRM	11/15/1996	61 FR 58499
NPRM	10/30/1997	62 FR 58792
Final Action	05/18/1998	63 FR 27353

Additional Information: SAN No. 3873
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal
Included in the Regulatory Plan: No
Agency Contact: Mary Kruger Environmental Protection Agency Air and Radiation 6608J, Washington, DC 20460 Phone:202 564-9310 Fax:202 565-2062 Email: kruger.mary@epa.gov