Appendix A to Part 194 - Certification of the Waste Isolation Pilot Plant's Compliance With the 40 CFR Part 191 Disposal Regulations and the 40 CFR Part 194 Compliance Criteria
40:27.0.1.1.4.6.9.1.7 : Appendix A
Appendix A to Part 194 - Certification of the Waste Isolation Pilot
Plant's Compliance With the 40 CFR Part 191 Disposal Regulations
and the 40 CFR Part 194 Compliance Criteria
In accordance with the provisions of the WIPP Compliance
Criteria of this part, the Agency finds that the Waste Isolation
Pilot Plant (“WIPP”) will comply with the radioactive waste
disposal regulations at part 191, subparts B and C, of this
chapter. Therefore, pursuant to Section 8(d)(2) of the WIPP Land
Withdrawal Act (“WIPP LWA”), as amended, the Administrator
certifies that the WIPP facility will comply with the disposal
regulations. In accordance with the Agency's authority under §
194.4(a), the certification of compliance is subject to the
following conditions:
Condition 1: § 194.14(b), Disposal system design, panel
closure system. The Department shall close filled waste panels
in a manner that has been specifically approved by the Agency. DOE
must inform EPA of any modification to the approved panel closure
design pursuant to § 194.4(b)(3)(i), and provide any supporting
information required by § 194.14, Content of compliance
certification application. The Administrator or Administrator's
authorized representative will determine whether the change differs
significantly from the design included in the most recent
compliance certification, and whether the planned change would
require modification of the compliance criteria. The EPA's approval
of a panel closure change request requires that performance
assessment calculations adequately represent the waste panel
closure design, and that those calculations demonstrate the WIPP's
compliance with the release standards set by 40 CFR part 191,
Subpart B in accordance with § 194.34, Results of performance
assessments.
Condition 2: § 194.22: Quality Assurance. The Secretary
shall not allow any waste generator site other than the Los Alamos
National Laboratory to ship waste for disposal at the WIPP until
the Agency determines that the site has established and executed a
quality assurance program, in accordance with §§ 194.22(a)(2)(i),
194.24(c)(3) and 194.24(c)(5) for waste characterization activities
and assumptions. The Agency will determine compliance of
site-specific quality assurance programs at waste generator sites
using the process set forth in § 194.8.
Condition 3: § 194.24: Waste Characterization. The
Secretary may allow shipment for disposal at the WIPP of legacy
debris waste at the Los Alamos National Laboratory (“LANL”) that
can be characterized using the systems and processes inspected by
the Agency and documented in Docket A-93-02, Item II-I-70. The
Secretary shall not allow shipment of any waste from any additional
LANL waste stream(s) or from any waste generator site other than
LANL for disposal at the WIPP until the Agency has approved the
processes for characterizing those waste streams for shipment using
the process set forth in § 194.8.
Condition 4: § 194.43, Passive institutional
controls.
(a) Not later than the final recertification application
submitted prior to closure of the disposal system, the Department
shall provide, to the Administrator or the Administrator's
authorized representative:
(1) a schedule for implementing passive institutional controls
that has been revised to show that markers will be fabricated and
emplaced, and other measures will be implemented, as soon as
possible following closure of the WIPP. Such schedule should
describe how testing of any aspect of the conceptual design will be
completed prior to or soon after closure, and what changes to the
design of passive institutional controls may be expected to result
from such testing.
(2) documentation showing that the granite pieces for the
proposed monuments and information rooms described in Docket
A-93-02, Item II-G-1, and supplementary information may be:
quarried (cut and removed from the ground) without cracking due to
tensile stresses from handling or isostatic rebound; engraved on
the scale required by the design; transported to the site, given
the weight and dimensions of the granite pieces and the capacity of
existing rail cars and rail lines; loaded, unloaded, and erected
without cracking based on the capacity of available equipment; and
successfully joined.
(3) documentation showing that archives and record centers will
accept the documents identified and will maintain them in the
manner identified in Docket A-93-02, Item II-G-1.
(4) documentation showing that proposed recipients of WIPP
information other than archives and record centers will accept the
information and make use of it in the manner indicated by the
Department in Docket A-93-02, Item II-G-1 and supplementary
information.
(b) Upon receipt of the information required under paragraph (a)
of this condition, the Agency will place such documentation in the
public dockets identified in § 194.67. The Agency will determine if
a modification to the compliance certification in effect is
necessary. Any such modification will be conducted in accordance
with the requirements at §§ 194.65 and 194.66.
[63 FR 27405, May 18, 1998, as amended at 79 FR 60756, Oct. 8,
2014]