

[Federal Register: June 7, 2007 (Volume 72, Number 109)]
[Notices]
[Page 31573-31574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn07-45]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8322-3; EPA-HQ-OAR-2007-0238]


Biennial Determination of the Waste Isolation Pilot Plant's
Compliance With Applicable Federal Environmental Laws for the Period
2004 to 2006

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
2004

[[Page 31574]]

and 2006, 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 Stephen L. Johnson dated May 31, 2007.

FOR FURTHER INFORMATION CONTACT: Nick Stone; telephone number: (214)
665-7226; address: WIPP Project Officer, Mail Code 6PD-O, U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas, TX
75202.

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2007-0238; FRL-8322-3]. Publicly available
docket materials are available either electronically through
http://www.regulations.gov or in hard copy at the Air and Radiation Docket in

the EPA Docket Center, (EPA/DC) EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air and Radiation
Docket is (202) 566-1742. As provided in EPA's regulations at 40 CFR
part 2, and in accordance with normal EPA docket procedures, if copies
of any docket materials are requested, a reasonable fee may be charged
for photocopying.
    2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.


II. Background

    EPA made this determination 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 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 2004 to 2006, 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 the 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.

    Dated: May 31, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-11037 Filed 6-6-07; 8:45 am]

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