
[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Page 25735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12555]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8910-7]


Biennial Determination of the Waste Isolation Pilot Plant's 
Compliance With Applicable Federal Environmental Laws for the Period 
2006 to 2008

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 
2006 and 2008, 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 Lisa P. Jackson dated May 22, 2009.

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-2009-0324; FRL-XXXX-X]. Publicly available 
docket materials are available either electronically through 
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 2006 to 2008, 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 and recertification decisions regarding whether the WIPP 
complies with EPA's disposal regulations for transuranic radioactive 
waste at 40 CFR Part 191.

    Dated: May 22, 2009.
Lisa P. Jackson,
Administrator.
[FR Doc. E9-12555 Filed 5-28-09; 8:45 am]
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