ML20034E769
| ML20034E769 | |
| Person / Time | |
|---|---|
| Site: | 07100670 |
| Issue date: | 12/08/1992 |
| From: | Frei M ENERGY, DEPT. OF |
| To: | Burnett R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| NUDOCS 9303010337 | |
| Download: ML20034E769 (14) | |
Text
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Department of Energy h,g g
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Washington, DC 20585 December 8, 1992 Mr. Robert F. Burnett, Director Division of Safeguards and Transportation Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Burnett:
On October 30, 1992, the President signed the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102-579). The Waste Isolation Pilot Plant (WIPP), located in Carlsbad, New Mexico, is a research and development facility constructed 2,150 feet underoround in bedded salt to demonstrate the safe, long-term disposal of transuranic (TRU) waste generated by this Nation's defense program. The Act authorizes the Department of Energy (DOE) '.o emplace a limited amount of TRU waste at WIPP for conduct of expe*iments necessary to determine the facility's suitability as a per.1anent disposal facility, after certain prerequisites are i
accomplished. The Act further specifies requirements for starting and conducting the disposal and decommission' g phases of the WIPP program.
The statute does not stop at placing requirements on DOE, however, but also establishes many responsibilities for other Federal agencies, including yours. The specific requirements and statutory due dates of each agency, including the U.S. Nuclear Regulatory Commission (NRC), are identified in the Enclosure.
Specifically, section 16(a) of the Act requires that no TRU waste may be transported by DOE to or from WIPP except in packages whose design has been certified by NRC and that have been determined by HRC to satisfy NRC quality assurance (QA) requirements.
Consistent with our December 1 telephone conversation, we believe that the NRC has certified the design of the TRUPACT-II shipping container for contact-handled TRU (CH-TRU) waste in accordance with the requirement of section 16(a)(1), but that additional effort is warranted regarding the section 16(a)(2) requirement that the NRC QA requirements be satisfied.
I understand that you are considering an audit to verify that all TRUPACT-II containers have satisfied NRC's QA requirements.
DOE and its contractor have gone through a rigorous and disciplined process to manufacture, accept, and maintain all of the containers per the Certificate of Compliance, as amended.
DOE welcomes the additional safety assurance that will come from an NRC audit. DOE has directed its on-site Management and Operating Contractor to conduct a self-assessment of the acceptability of all TRUPACT-II containers.
I believe that this assessment can be completed by i
I 010125 dgIb 9303010337 921208 PDR ADDCK 07100670 y
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2 early January 1993.
You may wish to consider whether to await completion of this assessment prior to initiating your audit activities.
For example, the assessment results could be a factor in your evaluation.
Please let us know as soon as possible your specific plans and schedules for nipleting the section 16(a) s requirements for CH-TRU containers.
If you have any questions on this matter, please call me at (301) 903-7201.
Sincerely, g!} '
Nt ark W. Frei, Director Office of Waste Management Projects Office of Waste Management i
Environmental Restoration and Waste Management Enclosure 1
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I
4 PUBLIC LAW 102-579 LAND WITIIDRAWAL ACT REQUIREMENTS FOR THE WIPP PROJECT November 17,1992 AGENCY REQUIREMENTS STATUTORY DUE DATE*
OLD/
NEW RELATED i
REQUIREMENTS I.
TEST PilASE PREREQUISITES A.
DOE I.
Submit to EPA DOE Test Phase Plan (to include a detailed description of how the 05/30/93 N
1.A.2, l.BJ test phase activities will provide information directly relevant to a certification of (No later than 7 months.)
comphance with disposal regulations or to compliance with the SWDA) and Retrieval Plan; give notice in the Federal Register; and pmvide opportunity for public access to the proposal. (Sec. 5(a))
2.
If any part of the Test Phase Plan is disapproved, pmvide revised plan or portion N
I.BJ thereof to EPA for reconsideration. (Sec. 5(e))
3.
Comply with the terms and conditions of the No Migration Determination.. (Sce.
(Test Phase prerequisite.)
O II.A.B. II.A.15, II.A.16, 6(b)(2))
II.B3 4
Certify, through issuance of safety analysis documentation that the safety of Test (Test Phase prerequisite.)
O Phase activities can be ensured thmugh procedures that would not compromise the type, quantity, or quality of data collected. (Sec. 6(b)(5))
5.
Issue Plan to ensure room stability for review /concurrenceby DOL /MSilA. (Sec.
(Test Phase prerequisite.)
N II.A30, II.D.1 6(b)(6))
6.
Submit Cil-TRU transportation package for NRC certification and QA program (Prior to any transportation of waste to or O
l.D.1, l.D.2 for NRC appruval. (Sec.16(a)(1) and (2))
from WIPP.)
7.
Provide notification to the State and Indian Tribes through whose jurisdiction (Prior to any transportation of waste to or O
waste will be transported to or from WIPP. (Sec.16(b))
from WIPP.)
B.
EPA 1.
Publish by rule final disposal regulations for WIPP. (Sec. 8(b)(1))
04/30/93 N
(Not later than 6 months.)
i 2.
Determine in a single rulemaking whether to approve or disapprove the Test Phase 08/30/93 N
1 A.1 Plan, in whole or in parts) and the Retrieval Plan, and publi<h a final rule in the (Not later than 10 months.)
Federal Register. (Sec. 5(d)(1))
- From date of enactment 10/30/92, unleSS otherwise noted.
1 1
.~.
l t
i AGENCY REQUIREMENTS STATUTORY DUE DATE*
OLD/
i NEW RELATED t
REQUIREMENTS L
3.
Reconsider disapproved plan (s) and approve or disapprove Test Phase Plan (all or Complete final action within 3 months of N
I. A.2 in parts) and Retrieval Plan; publish in the Federal Register any approval of DOE submission.
plan (s) based on revisions provided by DOE. (Sec. 5(e))
4.
Determine DOE's compliance with terms and conditions of the No-Migiation (Test Phase prerequisite.)
N
- 1. A.3 Determination. (Sec. 6(b)(2))
t C.
DOL 1.
OSIIA review and certification of DOE's emergency response training for (Test Phase prercquisite.)
N II.E.1 compliance with 29 CFR 1910.120. (Sec. 6(b)(4))
I 2.
MSIIA review and concurrence on DOE's room stability plan. (Sec. 6(b)(6))
(Test Phase prerequisite.)
N 1.A.5 D.
NRC L
1.
Certify the design of packapes for the transportation of transuranic waste to (Prior to transportation of waste to or from O
I.A.6 WIPP. (Sec.16(a)(1))
%1PP.)
2.
Determine whether quality assurance prugram under which transportation (Prior to twoortation of waste to or imm O
1.A.6 packages were fabricated satisfies NRC's QA regs. (Sec.16 (a)(2))
%1PP.)
11.
TEST PIIASE REQUIREMENTS l
A.
DOE 1.
Manage the Withdrawal. (Sec. 4(a))
10/30/92 N
II.A.25, 11.C.6, II.G.3 I
2.
If determined necessary,in consultation with affected States and Tribes, continue (After the date of enactment until shipments O
li.G.8 accident prevention and emergency response training, including instruction and to or from WIPP have terminated.)
public awareness components. (Sec.16($)(1)(B))
3.
Submit a Report to Congress and to the State on training provided through IT I1/29/92 N
II.D.3 II.E.1 1992. (Sec.16(c)(1)(A))
(Within 30 days.)
4.
Encourage the Governor to argvint an advisory group to review emergency (Within 30 days.)
N II.G 2 response medical training programs. (Sec.16(g)(2))
5.
Review findings of the advisory group in consultation with DOL acting through N
II.G.2, ll.E.1. II.D.2, OSII A. (Sec.16(g)(2)(B))
II.D.3 s
- From date of enactment 10/30/92, unicSS otherwise noted.
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l AGENCY REQUIREMENTS STATUTORY DUE DATE0 OLD/
NEW RELATED i
REQUIREMENTS 6.
Make rayments to the State in the amount of $20M/yr for each of 15 fiscal years.
(Beginning with the Ascal year in which N
May make additional payments as authorized and appropriated by Congress.
waste shipments to WIPP are initiated.)
(Sec.15(a) and (b))
7.
Transfer such sums ss may be necessary to EPA, MSliA, and OSIIA.
FY 1993 to the extent approved in N
IV.A.3 (Sec. 23(b))
appropriations Acts) and for FY 1994 through 2001.
8.
Comply with all applicable environmentallaws and regulations. (Sec. 9(a)(1)).
(During test, operations, and O
II.B.9, ll.B.10 decommissioning phases.)
9.
Prepare a study of transportation alternatives and submit to Congress. (Sec.16(f) 10/3063 N
and (2))
Not later than one year.
10.
Enter into a Memorandum of Understanding with DOI to implement the 10/3063 N
ll.C.5 Management Plan for the Withdrawal. (Sec. 4(d))
(Though not explicitly stated; would be needed within 1 year, in order to implement the Management Plan for the Withdrawal.)
11.
Prepare a Management Plan for the use of the Withdrawal until the end of the 10/3063 N
ll.C.1, II.G.4 decommissioning phase, in consultation with the DOI and the State. (Sec. 4(b)(1))
(Within one year.)
12.
f.ubmit Management Plan for the Withdrawal to Congress and the State. Submit 10/3053 N
Ill. A.1 ar.y amendments to the Plan to Congress and the State. (Sec. 4(e))
(Within 1 year.)
"Promptly" 13.
Determine retrievability of waste in the WIPP underground, in consultation with (Beginning 1 year aRet initial emplacement N
ll.B.4, II.B.11, II.C.3 EPA, and publish determination annually in the Federal Register. (Sec.10(a)(2))
of waste underground and continuing annually throughout the Test Phase.)
14.
Demonstrate that a sample of TRU waste is retrievable without taking any action (Beginning 1 year after initial emplaecment N
to affect the Test Phase. (Sec.10(a)(3))
of waste underground and continuing annually throughout the Test Phase.)
15.
- Submit to EPA documentation of continued compliance with applicabic 10/3064 N
!!.B.3, II.G.6, II. A.8 environmentallaws and regulations, and submit to State documentation of (Biennially.)
continued compliance under RCRA. (Sec. 9(a)(2))
16.
If EPA finds WIPP not in compliance with any applicable law, regulation or Within 6 months of a determination of N
II.B.9 permit requirement at any time, prepare a remedial plan to place WIPP in noncompliance.
compliance. (Sec. 9(b) and (c))
l
- From date of enactment 10/30/92, unleSS otherwise noted.
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l AGENCY REQUIREMENTS STATUTORY DUE DATE*
OLD/
NEW RELATED i
REQUIREMENTS 17.
Implement Retrieval Plan, decommissioning and post-decomm. plans during Test if a remedial plan is not submitted to EPA N
Phase. (Sec. 9(b))
within 6 months of EPA's determination of noncompliance with all applicable laws and regulations.
18.
Publish performance assessment reports; provide copies to the State, EPA, NAS Diennially O
li.B.6, II.F.1, ll.G.7, and EEG for review and comment. (Sec. 6(d)(1))
11.1 1. 2 19.
If comments received fmm the 5 tate EPA, NAS or EEG on the PA report (within (Within 120 days of DOE N
!!. A.18, II.G.7, 11.11.2, 120 days), prepare written responses to comments and submit to the State, EPA, receipt of comments.)
II.F.1 NAS, EEG, and other appropriate entities or persons after consuhation with the State. (Sec. 6(d)(2))
20.
Prepare and submit to Congress a Technology Study on the processir4 or 1000/95 N
reduction of radioactive waste volumes. (Sec.19)
(Within 3 years.)
21.
Complete a Study on Ril-TRU Waste in consultation with affected States and 1000/95 N
II.D.7 EPA, and after solicitation of views from other interested parties. (Sec. 6(c)(2)(D))
(Within 3 years.)
22.
Publish findings of the Ril-Study in the Federal Register. (Sec. 6(c)(2)(B))
1000/95 N
(Within 3 years.)
23.
Submit Plan for decommissioning WIPP consistent with disposal regulations, to 1000/97 N
!' r t1 Congress,the State DOI, and EPA. DOE must consult with DOI and the State.
(Not later than 5 years.)
(See.13(a))
24.
Submit to Congress a plan for the management and use of the Withdrawal 1000/97 N
II.C.I. II.G.4 following decommissioning. Consult with DOI and the State in preparation of the (Not later than 5 years.)
Plan. (Sec.13(b))
25.
Consult with DOI and the State in discharging management resimnsibilities of N
ll.C.6, II.G.3 Withdrawal. (Sec. 4(a))
26.
Permit grar.ing to continue subject to such regulations and policies determined to N
II.C.6 be appropriate in consultation with DOI. (Sec. 4(b)(3)(A))
27.
Determine need to issue regulations designattag zones and periods when no N
II.C.6, II.G.3, ll.C.!
hunting or trapping is permitted in consultation with DOI and the State.
(Sec. 4(b)(3)(B))
28.
Consult with EPA and DOI on determining need to acquire existing oil and gas N
II.D.12, II.C.9 leases. (Sec. 4(b)(5)(D))
- From date Of enactment 10/30/92, unicSS OtherwiSe noted.
4
AGENCY REQUIREMENTS STATUTORY DUE DATE*
OLD/
NEW RELATED REQUIREMENTS Consult with DOI prior to closing mads, trails, or any portion of the khdrawal N
li.C.2 29.
for health, safety, security, or common defense. (Sec. 4(c))
30.
Make results of htSilA inspections publicly available. Take actions to correct any N
II.D.1 findings. (Sec. II(a))
31.
Enter into agreements to assist, thmugh monetary grants or contributions-in-kind.
O IV. A.7 States in acquiring equipment for emergency response. (Sec.16(c)(2))
32.
Pmvide in-kind, financial, technical, and other assistance to any State or Indian O
IV.A.8 Tribe through whose jurisdiction waste shipments will be made, for the purpose of WIPP-specilie transportation safety programs. Programs are to be developed with, and monitored by DOE. (Sec.16(d))
33.
Pmvide technical assistance and funds (to the extent provided in appmpriations O
IV. A.5 Acts) for training in any State or Indian Tribe through whose jurisdiction waste will be transported. (Sec.16(c)(1)(A))
34.
Review training (including determining the need for ongoing training) in Periodically.
N II.G.8, IV. A.6 consultation with affected States and Indian Tribes.(See.16(c)(1)(B) and (C))
35.
Deterrnine adequacy of emergency response training. If emergency response N
II.D.2, ll.D.3, II.G.2, medical training is found to be inadequate, immediately implement corrective II.G.8, ll.E.1, IV. A.9 actions, and, if necessary, suspend shipments. (Sec.16(g)(1))
36.
Pmvide the State NAS, and EEG free and timely access to data, the State and N
IV. A.12 EEG preliminary reports and attendance at meetings with expert panels and peer review groups, relating to health, safety or environmentalissues. (Sec.17(a))
37.
Consult and cooperate with EEG under terms of the Contract No. DE-AC04-O II.H.1 89AL58309. (Sec. I7(c))
38.
Pmvide notice to each recipient of financial assistance describing the sense of N
Congress that only American-made equipment and pmducts be purchased. (Sec.
22(b)(2))
39.
Submit application for certification of compliance to EPA. (Sec. 8(d)(1)(A))
(within 7 years of wst receipt of TRU N
ll.B.13 waste.)
- From date of enactment 10/30/92, unless otherwise noted.
5
AGENCY REQUIREMENTS STATUTORY DUE DATE*
OLD/
NEW RELATED REQUIREMENTS 40.
Implement retrieval, decommissioning and post decommissioning plans.
(Upon expiration of 10 year period (with N
II.B.13. II.AJ9 (See. 8(d)(2))
possibility of one-time extension not to exceed 2 years) beginning on first day of receipt of waste at WIPP and the EPA has not ce tified compliance with disposal regulations.)
B.
EPA 1.
Issue a report to Congress on the status and tM resources required for the 9/30/93 N
Administrator's responsibihties under the Act. (Sec. 23(a)(2))
(Annually thereafter.)
2.
Publish in the Federal Register proposed criteria for the Administrator's 10/30/93 N
11.B.14 determination of compliance with the disposal regulations. (Sec. 8(c)(1))
(Not later than 1 year.)
3.
Determine, as appmpriate, DOE *s compliance with applicable environmental laws, 2/28/95 N
II. A.15 regulations, and pennit requirements. (Sec. 9(a)(3))
(No later than 6 months after receipt of DOE's documentation. Biennially thereafter.)
4.
Consult with DOE in determining the retrievability of waste in *he WIPP 1 year after initial emplacement of waste and N
II. A.13 underground during the Test Phase. (Sec.10(a)(2))
annually thereafter during the Test Phase.
5.
Publish in the Federal Register fmal criteria for the Administrator's determination 10/30/94 N
II. B.14 of compliance with the disposal regulations. (See. B(c)(2))
(Not later than 2 years.)
6.
Submit comments, if any, on the biennial performance assessment report to DOE.
(Within 120 days of publication of the N
II. A.18 (Sec. 6(d)(2))
report.)
7.
Consult with DOE on Ril-TRU Waste Study. (Sec. 6(c)(2)(B))
10/30/95 N
II. A.21 (Within 3 years.)
8.
Approve or disapprove by rule, modifications to the Test Phase Plan or Retrieval Complete final action within 3 months of N
Plan. (Sec. 5(f))
DOE submission.
9.
Request remedial plan from DOE if determined at any time during Test Phase, Upon determination.
N II. A.16 disposal phase, or decommissioning that WIPP is not in compliance with applicable laws, regs., and permit requirements. (Sec. 9(b) and (c))
10.
Issue rule if remedial plan requested is inadequate to bring WIPP into compliance.
N II. A.16 (See. 9(b) and (e))
- From date of enactment 10/30/92, unless otherwise noted.
6 i
AGENCY REQUIREMENTS STATUTORY DUE DATE*
OLD/
NEW RELATED REQUIREMENTS 11.
Tde action pursuant to authority, under SWDA or other applicable hazardous Upon DOE determination of non-N II.A.13, II.B.4. II.C.3 waste law, to ensure retrieval or removal of all TRU waste in WIPP if waste retrievaU.lity.
cannot te nain retrievable and corrective action is not possibic. (Sec.10(a)(4))
12.
In consultation with DOI and DOE, determine need to acquire existing oil and gas THI).
N II.A.28, II.C.9 leases. (Sec. 4(b)(5)(B))
(Prior to conclusion of Test Phase activities.)
13.
Determine if additional time is needed to certify compliance with the disposal N
II.A.39 regulations, and if so extend the 10 year period by no more than 2 years for demonstration of compliance. (Sec. 8(d)(3))
14.
Certify by rule whether DOE has complied with the disposal regulations at the (Within one year of receipt of the Secretary's N
II.A.39, !!.B.13 WIPP. (Sec. 8(d)(1)(B))
application for certification of compliance.)
rot C.
Q 1.
Consult with DOE on the development of a Management Plan for the use of th:
10/30/93 N
II.A.25. II.G.3 Withdraw'l until the end of the decommissioning phase. (Sec. 4(b)(1))
(Within one year.)
2.
Consult with DOE prior to closing roads, trails, or any portion of the withdrawal N
II.A.25, II.A.29 for heahh, safety, security, or common defense. (Sec. 4(c))
3.
The Bureau of Mines of the DOI shall evaluate the safety of the WIPP.
10/30/93 N
II.A.13, II.D.1 (Sec. II(b))
(Annually) 4.
Publish in the Federal Register a notice containing a legal deaeription of the 11/29/92 N
Withdrawal; file copies of the map and the legal description of the Withdrawal (Within 30 days.)
with Congress, DOE, the Governor, and the Archivist of the United States.
(Sec. (3Xc)(2))
5.
Enter into a Memorandum of Understanding to implement the Management Plan N
II.A.10 i
for the use of the Withdrawal. (Sec. 4(d))
6.
Consult with DOE in discharging its management responsibility of the N
ll.A.25. II.G.3 Withdrawal. (Sec. 4(a))
7.
Consult with DOE to determine whether grar.ing should be permitted to continue N
II.A.25. II.A.26 subject to appropriate regulations and policies. (Sec. 4(b)(3)(A))
8.
Consult with DOE to determine need to issue regulations designating zones and N
II.G.5, II.A.27 periods when no hunting or trapping is permitted. (Sec. 4(b)(3)(B))
t
- From date of enactment 10/30/92, unless otherwise noted.
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AGENCY REQUIREMENTS STATUTORY DUE DATE0 OLD/
NEW RELATED REQUIREMENTS 9.
Consuh with EPA on determining need to acquire existing oil and gas leases for TBD.
N II.A.28, II.B.12 other Federal oil and gas leases outside the WIPP site or canceling the leases.
(Prior to the conclusion of the Test Phase (Sec. 4(b)(5)(D))
activities.)
10.
Manage Withdrawal through BLM in the event %1PP is in noncompliance with Following implementation of retrieval, N
II.B.10 applicable laws, regs., and permit requirements during the Test Phase. (Sec.
decommissioning and post 4ecommissioning 9(b)(2) plans.
I1.
Consult with DOE in the development of a preliminary Management Plan for the N
ll.A.24 II.G.9 Withdrawal After Decommissioning. (Sec.13(b))
12.
Manage Withdrawal through the Bureau of Land Management in the event the Following implementation of retrieval, N
II.B.13, II.B.14 -
Administrator has not certified within the 10 year period (with one additional 2 dexommissioning, and post-decommissioning year option) that the %1PP facility will comply with the disposal regulations.
plans.
(Sec. 8(d)(2)(B))
D.
DOL 4
1.
The Mine Safety and llealth Administration inspects %1PP and evaluates the Not less than 4 times a year.
N II.C.3, II.A.13
%1PP site under the Federal Mine Safety and licalth Act. Provide results of the inspections to DOE. (Sec. II(a))
2.
OSIIA consult with DOE in reviewing findings of the Governor-appointed N
ll.G.2, II.A.5 advisory group on medical training programs. (Sec.16 (g)(1)(B))
3.
OSIIA review DOE's accident prevention and emergency preparedness training Periodically.
N II.A.3 II.A.5 for compliance with 29 CFR 1910.120. (Sec.16(c)(1)(C))
E.
Illis -
N II.A.3 1.
NIOSil review DOE's accident prevention and emergency preparedness training Periodically.
for compliance with 29 CFR 1910.120. (Sec.16(c)(1)(C)) -
l F.
NAS 4
f Review and comment on DOE's biennial performance assessment report. (Sec.
Written comments, if any, within 120 days N
II. A.18. II.G.7, 11.11.2 6(d)(2))
of report publication.
O 11.11.3, II.G.10 2.
Evaluate and publish analyses, as deemed appropriate, of DOE's plans and activities. (Sec.17(b))
i
- From date Of enactment 10/30/92, unleSS Otherwise noted.
8
_ _ _ -..., _.. _ _ - _ _ - _ _ _ _ _ _.. _. - - _...... _. - _ - _ _ _ _ _ _. _ _ - _. _ _ ~. - -.. _ _ _. -
AGENCY REQUIREMENTS STATUTORY DUE DATE*
OLD/
l
~
NEW RELATED REQUIREMINFS G.
State of New Mexico 1.
Be aware of the sense el Congress that only American-made equipment and 10/30/92 N
II. A.38 products be purchased. (Sec. 22) 2.
State Advisory Gmup on Emergency Response Medical Training.
Review DOE's emergency response medical training programs and report findings 1/30/93 N
II.A.4, ll. A.5, II.D.2, a.
to the State, DOL, OSil A. and DOE. (See.16(g)(2))
(Within 60 oays of establishment of the II.D.3 group, annually thereafter.)
3.
Consult with DOE in discharging DOE's management responsibility of the N
II.A.25. II.C.6 Withdrawal.
4 Consult with DOE in DOE's development of a Management Plan for the use of N
II.A.11, II.C.I the Withdrawal untd the end of the decommissioning phase. (Sec. 4(b)(1))
5.
Consult with DOE regarding issuance of regulations designating zones and time N
II.A.27. II.C.8 periods where no hunting or trapping is permitted. (See. 4(h)(3)(B))
6.
Determine DOE's compliance with the SWDA regulations. (Sec. 9(a)(2) 2/28/94 N
II. A.15 (No later than 6 months after receipt of DOE's documentation. Biennially thereafter.)
7.
Review and comment on DOE *s biennial performance assessment reports. (Sec.
(Written comments, if any, within 120 days N
!!.A.18. II.lL2, II.F.1 l
6(d)(2))
of publication.)
8.
Consult with DOE on ongoing training (necessity of and periodie review). (See.
N II. A.34 16(e)(1))
9.
Consult with DOE in the development of a Management Plan for the Withdrawal N
II.A.23 II.A.24. II.C.11 and a Decommissioning Plan. (Sec.13 (a) and (b))
10.
Evaluate and publish analyses, as deemed appropriate, of DOE *s plans and N
II.F.2, 11.11 3 activities. (Sec.17(b))
4 11.
Take action to ensure retrieval or removal of all TRU waste in WIPP in the event N
ll.A.13, II.B.11, II.C.3 waste cannot remain retrievable and corrective actitm is not possible. (Sec.
10(a)(4))
- From date Of enactment 10/30/92, unicSS Otherwise noted.
9
.~ - - _ _ __ - ___ __.
STATUTORY DUE DATFS OLD/
NEW RELATED REQUIREMENTS 11.
EEG 1.
Consult and cooperate with DOE under the terms of Contract No. DE-AC04 O
!!.A.37 89 AL58309. (Sec.17(c))
2.
Review and comment on DOE's biennial performance assessment reports. (Sec.
(Written comments, if any, within 120 days N
ll. A.18, II.B.6, ll.F.1, 6(dX2))
of publication.)
II.G.7 3.
Evaluate and publish analyses, as deemed appmpriate, of DOE's plans and N
ll.G.10, II.F.2 activities. (Sec.17(h))
Ill.
DISPOSAL PilASE PREREQUISITES I
A.
DOE 1.
Submit to Congress decommissioning and post 4ecommissioning management Disposal Phase prerequisite.
N
!!.A.23, II.A.24 plans. (Sec. 7(bX2))
2.
Notify Congress of compliance with all applicable environmentallaws and Disposal Phase prerequisite.
N ll. A.39, ll.A.8, IV.A.10 regulations. (Sec. 7(b)(3))
l 3.
Submit to Congress recommendations for the disposal of all TRU waste under Disposal Phase prerequisite.
N DOE control, including a timetable for disposal of sach waste. (Sec. 7(bX5))
4.
Complete survey kientifying all TRU waste types at all sites from which wastes Disposal Phase prerequisite.
N are to be shipped to WIPP, with notice and opportunity for public comment. (Sec.
l 7(bX6))
5.
Make resuhs of survey available to the public and provide to EPA.
Disposal Phase prerequisite.
N (Sec. 7(b)(6XA))
i 6.
Acquire, as necessary, Federal Oil and Gas Leases No. NMNM 02953 and No.
Disposal Phase prerequisite.
N
- 11. A.28, ll.B.12, II.C.9 i
NMNM02953C. (Sec. 7(bX4))
7.
' Wait 180 days after notifying Congress that DOE is in compliance with all Disposal Phase prerequisite.
N lil. A.2 applicable environmentallaws and regulations. (Sec. 7(b)(3))
B.
EPA 1.
Certification by the Administrator that the WIPP facility will comply with the Disposal Phase prerequisite.
N II.A.39, ll.B.13. II.B.14 disposal regulations. (Sec. 7(b)(1) and Sec. 8(d)(1))
I i
- From date Of enactment 10/30/92, unleSS Otherwise noted.
10 AGENCY REQUIREMENTS
. ~
4 AGENCY REQUIREMENTS STATUTORY DUE DATE*
OLD/
NEW RELATED REQUIREMENTS IV.
DISIVSAL PIIASE REQUIREMENTS
[
A.
DOE i
1.
Comply with all applicable environmentallaws and regulations. (Sec. 9(a)(1))
Coring test, operations, and O
li.B.9. II.B.10, ll.G.6, I
decommissioning phases.
II.A.8 2.
If determined necessary,in consultation with affected States and Tribes, continue 10f30/92 N
ll.G.8. II. A.34 training including instruction and public awareness components. (Sec.16(c)(IXB))
3.
Transfer such sums as may be necessary to EPA and MSIIA.
FY 1993 to the extent approved in N
ll. A.7 (Sec. 23(b))
appropriation Acts) and for FY 1994 through 2001.
4.
Submit Cil-and Ril-TRU transportation package for NRC certification and QA (Prior to the transportation of Ril-TRU O
1.D.I. I.D.2
.[
program for NRC approval. (Sec.16(a)(1) and (2))
waste to or from WIPP, during the disposal phase.)
5.
Provide technical assistance and funds (to the extent provided in appropriations O
II.A.33 Acts) for training in any State or Indian Tribe through whosejurisdiction waste will be transported. (Sec.16(cXIXA))
6.
Review training in consultation with affected States and Indian Tribes.
Periodically.
N ll.G.8 3
(Sec.16(cXIXC))
7.
. Enter into agreements to assist, through monetary grants or contributions-in-kind, O
II. A.31 States in acquiring equipment for emergency response. (Sec.16(c)(2))
8.
Provide in-kind, financial, technical, and other assistance to any State or Indian O
II.A.32 Tribe through whose jurisdiction waste shipments will be made, for the purpose of WIPP-specific transportation safety programs. Programs are to be developed with, and monitored by DOE. (Sec.16(d))
9.
Determine adequacy of emergency response training. If emergency response N
II.D.2, II.D.3, II.G.2, medical training is found to be inadequate, immediately implement corrective II.G.8, II.E.1
{
actions, and, if necessary, suspend shipments. (Sec.16(gXI))
i 10.
Submit to EPA and the State documentation of continued compliance with final Within 5 years after initial receipt of waste N
I!!.A.2 i
disposal regulations. (Sec. 8(fXI))
for disposal and every 5 years thereafter until end of decommissioning phase.
i.
i
- From date of enactment 10/30/92, unleSS otherwise noted.
11 3
1 AGENCY REQUIREMENTS
/*
STATUTORY DUE DATE*
OLDi NEW RELATED 4
REQUIREMENTS 11.
Submit to EPA documentation of continued compliance with applicable Biennially.
N IV.B.I environmental hws and regulations, and submit to State documentation of continued compliance under RCRA. (Sec. 9(a)(2))
i 12.
Implement Retrieval Plan, decommissioning, and post-decomm. plans during the If a remedial plan is not submittext within 6 N
II.B.9 disposal phase. (Sec. 9(c))
months of EPA's determination of noncompliance with all applicable laws and 3
regulations.
13.
Provide the State, NAS, and EEG free and timely access to data, the State and N
II.A.36 EEG preliminary reports and attendance at meetings with expert panels and peer review groups, relating to health, safety or environmental issues. (Sec.17(a))
14.
Consult and cooperate with EEG under terms of the Contract No. DE-AC04-O II.A.37, II.H.1 89AL58309. (Sec.17(c))
B.
EIZ 1.
Isetermine, as appropriate DOE's compliance with applicable environmentallaws, Biennially N
IV. A.10 4
regulations, and permit requirements. (Sec. 9(a)(3))
2.
Determine, through concurrence, WIPP's continued compliance with final disposal Every 5 years, no later than 6 months after N
II.B.1, II.B.14 regulations. (Sec. 8(f)(2) receipt of DOE's documentation.
3.
Request remedial plan from DOE if determined at any time during Test Phase, Upon determination.
N IV. A.10 disposal phase, or decommissioning that WIPP is not in compliance with j
applicable laws, regs.', and permit requirements. (Sec. 9(b) and (c))
4 Issue rule if remedial plan requested is inadequate to bring WIPP into compliance.
N-IV.B.3 (Sec. 9(b) and (c))
C.
00_1 l
1.
Manage Withdrawal through BLM in the event WIPP is in noncompliance with Following retrieval and implementation of N
IV.B.4 applicable laws, regs., and permit requirements during the disposal phase. (Sec.
decommissioning and post-decommission-ing l
9(b)(2))
plans.
1 D.
DOL i
1.
OSil A review of DOE's accident prevention and emergency preparedness training Periodically.
N II.D.3 for compliance with 29 CFR 1910.120. (Sec.16(c)(1)(C))
1
- From date of enactment 10/30/92, unless otherwise noted.
12 i
. s
-. ~., _,..
,.,.. _ ~..... _ _. _ _,.... _ _ _ _.. _ _ _
AGENCY REQUIREMENTS STATUTORY PUE DATE*
OLD/
NEW RELATED REQUIREMENTS E.
11115 i
1.
NIOSil review of DOE's accident prevention and emergency preparedness Periodically.
N II.D.3, II.E.1, IV.D.1 l
training for compliance with 29 CFR 1910.120. (Sec.16(c)(1)(C))
V.
DECOMMISSIONING PIIASE REQUIREMENTS i
A.
DOE 1.
Comply with all aylicable environmental laws and regulations. (Sec. 9(a)(1))
During test, operations, and decommis-0 l
l sioning phases.
i 1
2.
Dispose of salt tailings extracted from Withdrawal that are not needed for backfill N
II.C.1, ll.G.4 3
in accordance with the Materials Act of 1947. (Sec. 4(b)(4))
i t
3.
Submit to EPA and the State documentation of continued compliance with final Within 5 years after initial receipt of waste N
Ill.A.2. IV.A.10 disposal regulations. (Sec. 8(f)(1))
for disposal and every 5 years thereafter i,
unti! e.d of decommissioning phase.
l 4.
Submit to EPA documentation of continued compliance with applicable Biennially.
N V.B.1 i
environmentallaws and regulations, and submit to State documentation of i
continued compliance under RCRA. (Sec. 9(a)(2))
B.
EPAA 1.
Determine, as appropriate, DOE's compliance with applicable envimnrhentallaws.
Biennially, not later than 6 months after N
V.A.4 regulations, and permit requirements. (Sec. 9(a)(3))
receiving DOE's documentation.
f 2.
Determine, through concurrence, WIPP's continued compliance with final disposal Every 5 years, no later than 6 months after N
V.A.3 2
regulations. (Sec. 8(f)(2))
receipt of DOE *: documentation.
I 1
I 3.
Request remedial plan fmm DOE if determined at any time during Test Phase, disposal phase, or decommissioning that WIPP is not in compliance with
- applicable laws, regs., and permit requirements. (Sec. 9(b) and (c))
Upon determination.
N V. A.3 4
4.
Issue rule if remedial plan requested is inadequate to bring WIPP into compliance.
N V.B.1 l
(Sec. 9(b) and (c))
4 4
4 i
r t
i 1
i
- From date of enactment 10/30/92, unleSS otherwiSc noted, 13 i
1