PART
194—
CRITERIA
FOR
THE
CERTIFICATION
AND
RE­
CERTIFICATION
OF
THE
WASTE
ISOLATION
PILOT
PLANT'S
COMPLIANCE
WITH
THE
40
CFR
PART
191
DISPOSAL
REGULATIONS
§
194.2
Definitions.

Acceptable
knowledge
means
any
information
about
the
process
used
to
generate
waste,

material
inputs
to
the
process,
and
the
time
period
during
which
the
waste
was
generated,

as
well
as
data
resulting
from
the
analysis
of
waste,
conducted
prior
to
or
separate
from
the
waste
certification
process
authorized
by
EPA's
Certification
Decision,
to
show
compliance
with
Condition
3
of
the
certification
decision
(
Appendix
A
of
this
part).

Minor
alternative
provision
means
an
alternative
provision
to
the
Compliance
Criteria
that
clarifies
a
regulatory
provision,
or
does
not
substantively
alter
the
existing
regulatory
requirements.

§
194.6
Alternative
provisions.

The
Administrator
may,
by
rule
pursuant
to
5
U.
S.
C.
553,
substitute
for
any
of
the
provisions
of
this
part
alternative
provisions,
or
minor
alternative
provisions,
in
accordance
with
the
following
procedures:

(a)
Alternative
provisions
may
be
substituted
after:

(1)
Alternative
procedures
have
been
proposed
for
public
comment
in
the
Federal
Register
together
with
information
describing
how
the
alternative
provisions
comport
with
the
disposal
regulations,
the
reasons
why
the
existing
provisions
of
this
part
appear
inappropriate,
and
the
costs,
risks
and
benefits
of
compliance
in
accordance
with
the
alternative
provisions;
(2)
A
public
comment
period
of
at
least
120
days
has
been
completed
and
public
hearings
have
been
held
in
New
Mexico;

(3)
The
public
comments
received
have
been
fully
considered;
and
(4)
A
notice
of
final
rulemaking
is
published
in
the
Federal
Register.

(b)
Minor
alternative
provisions
may
be
substituted
after:

(1)
The
minor
alternative
provisions
have
been
proposed
for
public
comment
in
the
Federal
Register
together
with
information
describing
how
the
alternative
minor
revision
or
update
comport
with
the
disposal
regulations,
the
reasons
why
the
existing
regulation
of
this
part
requires
the
minor
revision
or
update,
and
the
benefit
of
compliance
in
accordance
with
the
alternative
minor
revision
or
update;

(2)
A
public
comment
period
of
at
least
30
days
have
been
completed
for
the
minor
revisions
or
updates
and
the
public
comments
received
have
been
fully
considered;

(3)
A
notice
of
final
rulemaking
is
published
in
the
Federal
Register
for
the
minor
revisions
or
updates.

§
194.8
Approval
Process
for
Waste
Shipment
from
Waste
Generator
Sites
for
Disposal
at
the
WIPP.

(b)
Waste
Characterization
Programs
at
Transuranic
Waste
Sites.
The
Agency
will
establish
compliance
with
Condition
3
of
the
certification
using
the
process
set
forth
below.

(1)
DOE
will
implement
waste
characterization
programs
and
processes
in
accordance
with
§
194.24(
c)(
4)
to
confirm
that
the
total
amount
of
each
waste
component
that
will
be
emplaced
in
the
disposal
system
will
not
exceed
the
upper
limiting
value
or
fall
below
the
lower
limiting
value
described
in
the
introductory
text
of
paragraph
(c)
of
§
194.24.
Waste
characterization
processes
will
include
the
collection
and
use
of
acceptable
knowledge;

destructive
and/
or
nondestructive
techniques
for
identifying
and
measuring
waste
components;

and
the
validation,
control,
and
transmittal
to
the
WIPP
Waste
Information
System
database
of
waste
characterization
data,
in
accordance
with
§
194.24(
c)(
4).

(2)
The
Agency
will
verify
the
compliance
of
waste
characterization
programs
and
processes
identified
in
paragraph
(b)(
1)
of
this
section
using
the
process
set
forth
below.

(i)
DOE
will
notify
EPA
by
letter
that
a
transuranic
waste
site
is
prepared
to
ship
waste
to
the
WIPP
and
has
established
adequate
waste
characterization
processes
and
programs.
DOE
also
will
provide
the
relevant
waste
characterization
program
plans
and
documentation.
EPA
may
request
additional
information
from
DOE.

(ii)
EPA
will
conduct
a
baseline
inspection
at
the
site
to
verify
that
adequate
waste
characterization
program
plans
and
technical
procedures
have
been
established,
and
that
those
plans
and
procedures
are
effectively
implemented.
The
inspection
will
include
a
demonstration
or
test
by
the
site
of
the
waste
characterization
processes
identified
in
paragraph
(b)(
1)
of
this
section.
If
an
inspection
does
not
lead
to
approval,
we
will
a
send
an
inspection
report
to
DOE
identifying
deficiencies
and
place
the
report
in
the
public
docket
described
in
§
194.67.
More
than
one
inspection
may
be
necessary
to
resolve
compliance
issues.

(iii)
The
Agency
will
announce
in
the
Federal
Register
a
proposed
Baseline
Compliance
Decision
to
accept
the
site's
compliance
with
§
194.24(
c)(
4).
In
the
notice,
we
will
solicit
public
comment
on
the
relevant
inspection
report(
s)
and
any
supporting
materials,
which
will
be
placed
in
the
public
docket
described
in
§
194.67.
The
proposal
will
describe
any
limitations
on
approved
waste
streams
or
waste
characterization
processes
and
identify
tier
assignments
for
the
site's
reporting
of
changes
to
the
approved
waste
characterization
processes
that
we
deem
necessary
in
light
of
the
site's
demonstrated
capabilities
at
the
time
of
our
inspection(
s).

(iv)
Our
written
decision
regarding
compliance
with
the
requirements
for
waste
characterization
programs
and
processes
described
in
paragraph
(b)(
1)
of
this
section
will
be
conveyed
in
a
letter
from
the
Administrator's
authorized
representative
to
DOE.
EPA
will
not
issue
a
compliance
decision
until
after
the
end
of
the
public
comment
period
described
in
paragraph
(b)(
2)(
iii)
of
this
section.
EPA's
compliance
decision
will
respond
to
significant
and
timely
received
comments.
A
copy
of
our
compliance
decision
will
be
placed
in
the
public
docket
described
in
§
194.67.
DOE
will
comply
with
any
reporting
requirements
identified
in
the
compliance
decision
and
the
accompanying
inspection
report.

(3)
Subsequent
to
any
positive
determination
of
compliance
as
described
in
paragraph
(b)(
2)(
iv)
of
this
section,
the
Agency
intends
to
conduct
inspections,
in
accordance
with
§
194.24(
h),
to
confirm
the
continued
compliance
of
approved
waste
characterization
programs
and
processes
at
transuranic
waste
sites.
EPA
will
make
the
results
of
these
inspections
available
to
the
public
in
the
dockets
described
in
§
194.67.

(i)
If
the
Agency
determines,
at
a
subsequent
inspection
of
an
approved
transuranic
waste
site,
that
waste
characterization
programs
or
processes
are
not
adequately
established
or
implemented,
then
we
may
suspend
shipments
and
disposal
of
affected
and
potentially
affected
waste
streams,
or
take
other
action
in
accordance
with
§§
194.4(
b)(
1)
and
(2),
until
we
determine
that
the
deficiencies
have
been
adequately
resolved.

(ii)
[Reserved]

§
194.12
Submission
of
compliance
applications.

Unless
otherwise
specified
by
the
Administrator
or
the
Administrator's
authorized
representative,
5
copies
of
any
compliance
application(
s),
any
accompanying
materials,
and
any
amendments
thereto
shall
be
submitted
in
a
printed
form
to
the
Administrator's
authorized
representative.
In
addition,
DOE
shall
submit
10
copies
of
the
complete
application
in
alternative
format
(e.
g.,
compact
disk)
or
other
approved
format,
as
specified
by
the
Administrator's
authorized
representative.

§
194.13
Submission
of
reference
materials.

Information
may
be
included
by
reference
into
compliance
applications(
s),
provided
that
the
references
are
clear
specific
and
that
unless,
otherwise
specified
by
the
Administrator
or
the
Administrator's
authorized
representative,
5
copies
of
reference
information
are
submitted
to
the
Administrator's
authorized
representative.
Reference
materials
that
are
widely
available
in
standard
text
books
or
reference
books
need
not
to
be
submitted.
Whenever
possible,
DOE
shall
submit
10
copies
of
reference
materials
in
alternative
format
(e.
g.,
compact
disk)
or
other
approved
format,
as
specified
by
the
Administrator's
authorized
representative.

§
194.24
Waste
characterization.

(c)(
3)
Provide
information
that
demonstrates
that
the
use
of
acceptable
knowledge
to
quantify
components
in
waste
for
disposal
conforms
with
the
quality
assurance
requirements
of
§

194.22.
