Sec. 8. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS
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## SEC. 8 ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS ###
(a)Reinstatement ####
(1)In general Except as provided in paragraph (2), the disposal regulations issued by the Administrator on September 19, 1985, and contained in subpart B of part 191 of title 40, Code of Federal Regulations, shall be in effect. ####
(2)Exceptions Paragraph
(1)shall not apply to— #####
(A)the 3 aspects of sections 191.15 and 191.16 of such regulations that were the subject of the remand ordered in Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, 824 F.2d 1258 (1st Cir. 1987); and #####
(B)the characterization, licensing, construction, operation, or closure of any site required to be characterized under section 113(a) of Public Law 97–425. ###
(b)Issuance of Regulations ####
(1)In general Subject to the limitation in paragraph (2), the Administrator shall issue, not later than 6 months after the date of the enactment of this Act, final disposal regulations. Such regulations shall be issued in a rulemaking proceeding conducted under section 553 of title 5, United States Code, except that sections 556 and 557 of such title shall not apply. ####
(2)Limitation The regulations required by this subsection shall not be applicable to the characterization, licensing, construction, operation, or closure of any site required to be characterized under section 113(a) of Public Law 97–425. ###
(c)Issuance of Criteria for Certification of Compliance With Disposal Regulations ####
(1)Proposed criteria Not later than 1 year after the date of the enactment of this Act, the Administrator shall, by rule pursuant to section 553 of title 5, United States Code, propose criteria for the Administrator's certification of compliance with the final disposal regulations, and sections 556 and 557 of such title shall not apply. ####
(2)Final criteria Not later than 2 years after the date of the enactment of this Act, the Administrator shall, by rule pursuant to section 553 of title 5, United States Code, issue final criteria for the Administrator's certification of compliance with the final disposal regulations, and sections 556 and 557 of such title shall not apply. ###
(d)Disposal Regulations ####
(1)Application for compliance Within 30 days after the date of the enactment of the Waste Isolation Pilot Plant Land Withdrawal Amendment Act, the Secretary shall provide to Congress a schedule for the incremental submission of chapters of the application to the Administrator beginning no later than 30 days after the date of the submittal of the schedule. The Administrator shall review the submitted chapters and provide requests for additional information from the Secretary as needed for completeness within 45 days of the receipt of each chapter. The Administrator shall notify Congress of such requests. The schedule shall call for the Secretary to submit all chapters to the Administrator no later than October 31, 1996. The Administrator may at any time request additional information from the Secretary as needed to certify, pursuant to subparagraph (B)1, whether the WIPP facility will comply with the final disposal regulations. 1So in law. This reference probably should be “paragraph (2)”. ####
(2)Certification by administrator Within 1 year of receipt of the application under subparagraph (A)2, the Administrator shall certify, by rule pursuant to section 553 of title 5, United States Code, whether the WIPP facility will comply with the final disposal regulations, and sections 556 and 557 of such title shall not apply. 2So in law. This reference probably should be “paragraph (1)”. ####
(3)Judicial review Judicial review of the certification of the Administrator under subparagraph (B)1 shall not be restricted by the provisions of section 221 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2271(c)). ####
(4)Limitation Any certification of the Administrator under subparagraph (B)1 may only be made after the full application has been submitted to the Administrator under subparagraph (A)1. 1See footnote 2 on previous page. ###
(e)Conflict Resolution If the State disagrees with the Secretary's application under subsection (d)(1)(A)2, the State may invoke the conflict resolution provisions of the Agreement. 2So in law. This reference probably should be “subsection (d)(1)”. ###
(f)Periodic Recertification ####
(1)By secretary Not later than 5 years after the initial receipt of transuranic waste for disposal at WIPP, and every 5 years thereafter until the end of the decommissioning phase, the Secretary shall submit to the Administrator and the State documentation of continued compliance with the final disposal regulations. ####
(2)Concurrence by administrator The Administrator shall, not later than 6 months after receiving a submission under paragraph (1), determine whether or not the WIPP facility continues to be in compliance with the final disposal regulations. A determination under this paragraph shall not be subject to rulemaking or judicial review. ###
(g)Engineered and Natural Barriers, Etc The Secretary shall use both engineered and natural barriers and any other measures (including waste form modifications) to the extent necessary at WIPP to comply with the final disposal regulations.
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U.S. Code
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- 824 F.2d 1258
- Pub. L. 97-425
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Sec. 8
ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS
F. App'x824 F.2d 1258
Pub. L.Pub. L. 97-425
Cites 3Cited by 0 across 0 sources