Notification of Completeness of the Department of Energy's Compliance Recertification Application for the Waste Isolation Pilot Plant, 67424-67426 [2021-25590]

Download as PDF 67424 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Proposed Rules jspears on DSK121TN23PROD with PROPOSALS1 § 80.1451 What are the reporting requirements under the RFS program? (a) * * * (1) Annual compliance reports must include all the following information: * * * * * (f) Report submission deadlines. The submission deadlines for annual and quarterly reports are as follows: (1) Annual compliance reports—(i) Obligated parties. (A) Except as specified in paragraph (f)(1)(i)(B) of this section, for obligated parties, annual compliance reports must be submitted by whichever of the following dates is latest: (1) March 31 of the subsequent calendar year. (2) The next quarterly reporting deadline under paragraph (f)(2) of this section that is after the date the subsequent compliance year’s renewable fuel standards become effective in § 80.1405(a). (3) The next quarterly reporting deadline under paragraph (f)(2) of this section after the annual compliance reporting deadline for the prior compliance year. (B)(1) For obligated parties that meet the requirements for a small refinery under § 80.1441(e)(2)(iii), for the 2019 compliance year, annual compliance reports must be submitted no later than the next quarterly reporting deadline under paragraph (f)(2) of this section that is after the date the 2021 renewable fuel standards become effective in § 80.1405(a). (2) For the 2020 compliance year, annual compliance reports must be submitted no later than the next quarterly reporting deadline in paragraph (f)(2) of this section after the deadline in paragraph (f)(1)(i)(B)(1) of this section. (3) For the 2021 compliance year, annual compliance reports must be submitted no later than the next quarterly reporting deadline in paragraph (f)(2) of this section after the deadline in paragraph (f)(1)(i)(B)(2) of this section. (ii) All other parties. For all parties other than obligated parties, annual compliance reports must be submitted by March 31 of the subsequent year. (iii) Deadline publication. The annual compliance reporting deadline will be calculated in accordance with paragraph (f)(1)(i) of this section and published on EPA’s website. (2) Quarterly compliance reports. * * * (3) Report certification. * * * * * * * * ■ 3. Amend § 80.1464 by: ■ a. Revising paragraph (d); and VerDate Sep<11>2014 16:58 Nov 24, 2021 Jkt 256001 b. Removing and reserving paragraphs (g) and (i)(3). The revision reads as follows: ENVIRONMENTAL PROTECTION AGENCY § 80.1464 What are the attest engagement requirements under the RFS program? [EPA–HQ–OAR–2019–5304; FRL–9213–01– OAR] ■ * * * * * (d) Report submission deadlines—(1) Obligated parties. (i) Except as specified in paragraph (d)(1)(ii) of this section, for obligated parties, annual attest engagement reports must be submitted to EPA by whichever of the following dates is latest: (A) June 1 of the subsequent calendar year. (B) The next June 1 annual attest engagement reporting deadline that is at least 60 days after the annual compliance reporting deadline under § 80.1451(f)(1)(i)(A). (ii)(A) For obligated parties that meet the requirements for a small refinery under § 80.1441(e)(2)(iii), for the 2019 compliance year, annual attest engagement reports must be submitted to EPA no later than the next June 1 annual attest engagement reporting deadline that is at least 60 days after the annual compliance reporting deadline under § 80.1451(f)(1)(i)(B)(1). (B) For obligated parties, for the 2020 compliance year, annual attest engagement reports must be submitted to EPA no later than the next June 1 annual attest engagement reporting deadline that is at least 60 days after the annual compliance reporting deadline under § 80.1451(f)(1)(i)(B)(2). (C) For obligated parties, for the 2021 compliance year, annual attest engagement reports must be submitted to EPA no later than the next June 1 annual attest engagement reporting deadline that is at least 60 days after the annual compliance reporting deadline under § 80.1451(f)(1)(i)(B)(3). (2) All other parties. All parties other than obligated parties must submit annual attest engagement reports to EPA by June 1 of the subsequent calendar year. (3) Deadline publication. The annual attest engagement reporting deadline will be calculated in accordance with paragraph (d)(1) of this section and published on EPA’s website. * * * * * [FR Doc. 2021–25444 Filed 11–24–21; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 40 CFR Part 194 Notification of Completeness of the Department of Energy’s Compliance Recertification Application for the Waste Isolation Pilot Plant Environmental Protection Agency (EPA). ACTION: Plant 2019 Compliance Recertification Application is complete; end of comment period concerning the 2019 Compliance Recertification Application. AGENCY: The Environmental Protection Agency (EPA or the Agency) has determined that the Department of Energy (DOE) 2019 Compliance Recertification Application (CRA) for the Waste Isolation Pilot Plant (WIPP) is complete. The EPA provided written notice of the completeness decision to the Department of Energy on November 17, 2021.The Agency has determined that the CRA is complete, in accordance with the, ‘‘Criteria for the Certification and Recertification of the WIPP’s Compliance with the Disposal Regulations’’ (Compliance Certification Criteria). The EPA also gives notice of the end of the comment period relating to the CRA. DATES: The EPA opened the public comment period after receipt of some documentation of continued compliance and before the completeness determination concerning the CRA and gave notice that the comment period would remain open until after the completeness determination to a date which would be specified later (84 FR 50367, September 25, 2019). Comments must be received on or before December 27, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2019–5304, to the Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI), or other information of which disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points SUMMARY: E:\FR\FM\26NOP1.SGM 26NOP1 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Proposed Rules you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. The EPA is temporarily suspending its Docket Center and Reading Room for public visitors, with limited exceptions, to reduce the risk of transmitting COVID– 19. Our Docket Center staff will continue to provide remote customer service via email, phone, and webform. We encourage the public to submit comments via https:// www.regulations.gov or email, as there may be a delay in processing mail and faxes. Hand deliveries and couriers may be received by scheduled appointment only. For further information on EPA Docket Center services and the current status, please visit us online at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Ray Lee, Radiation Protection Division, Center for Radiation Information and Outreach, Mail Code 6608T, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: 202–343– 9463; fax number: 202–343–2305; email address: lee.raymond@epa.gov. SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with PROPOSALS1 I. General Information What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit this information to the EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for Preparing Your Comments. When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying VerDate Sep<11>2014 16:58 Nov 24, 2021 Jkt 256001 information (subject heading, Federal Register date and page number). • Follow directions—The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. II. Background The WIPP is a disposal system for transuranic (TRU) radioactive waste. The WIPP Land Withdrawal Act, Public Law 102–579 (Oct. 30, 1972) 1 (LWA) imposed various conditions or restrictions on the WIPP, including limiting radioactive waste disposal in the WIPP to TRU radioactive wastes generated by defense-related activities. The waste proposed for disposal at the WIPP derives from federal facilities across the United States, including locations in California, Colorado, Idaho, New Mexico, Nevada, Ohio, South Carolina, Tennessee and Washington. The LWA also provides that the DOE will submit information to the EPA to determine whether the WIPP complies with the Agency’s final disposal regulations, 40 CFR part 191, subparts B and C (Disposal Regulations). This includes an initial determination or certification of compliance, and then subsequent, periodic recertifications of continued compliance. LWA § 8. Under the LWA, the periodic recertifications occur on a five-year cycle, beginning five years after the initial receipt of transuranic waste for disposal at the WIPP. LWA § 8(f)(1). The EPA promulgated the Compliance Certification Criteria to set out criteria for the certification and recertification of the WIPP’s compliance with the 1 The 1992 WIPP Land Withdrawal Act was amended by the ‘‘Waste Isolation Pilot Plant Land Withdrawal Act Amendments,’’ a part of the National Defense Authorization Act for Fiscal Year 1997. Public Law 104–201, Title 31, Subtitle F (Sept. 23, 1996). PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 67425 Disposal Regulations. Among the criteria is the requirement that information submitted by the DOE shall be complete and accurate and a preliminary step for the EPA to determine and notify DOE, in writing, that a complete recertification application has been received. 40 CFR 194.11. The completeness determination is an administrative step; it does not imply in any way that the CRA demonstrates compliance with the Compliance Certification Criteria or the disposal regulations. The EPA is now engaged in the final technical review that will determine if the WIPP remains in compliance with the disposal regulations. The DOE submitted its first documentation of continued compliance and request for recertification of the WIPP, typically referred to as a compliance recertification application, in March 2004. The DOE submitted the second compliance recertification application in March 2009 and the third in March 2014. In March 2019, the DOE submitted the CRA, its fourth, and currently pending compliance recertification application. In September 2019, after receipt of the CRA, the EPA gave notice of receipt of the CRA and requested comment on all aspects of the application. 84 FR 50367 (Sept. 25, 2019). The Agency indicated that the comment period would remain open until a date after the EPA’s completeness determination in accordance with § 194.11, a date that EPA would specify in a subsequent notice.2 After receiving the CRA, the EPA engaged in a preliminary review of the information submitted for completeness. The Agency’s review identified multiple topics for which additional information was necessary to perform a technical evaluation. The EPA sent a series of letters to the DOE requesting additional information, and the Department provided documents and analyses in response to these requests. This completeness-related correspondence— along with other supporting documentation—is available in the Agency’s public dockets (https:// www.regulations.gov; Docket ID: EPA– HQ–OAR–2019–5304). Links to the electronic docket and additional information are also available at the EPA’s WIPP website (https:// www.epa.gov/radiation/certificationand-recertification-wipp). 2 For additional background information concerning the WIPP, the LWA, and periodic compliance recertification, see the September 25, 2019 notice of receipt and availability of the CRA and opening of the comment period. 84 FR 50367. E:\FR\FM\26NOP1.SGM 26NOP1 jspears on DSK121TN23PROD with PROPOSALS1 67426 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Proposed Rules In addition, since the opening of the public comment period on the 2019 CRA, the Agency has received 12 sets of public comments regarding the application and the recertification process in general. In addition to soliciting written public comments, the EPA held a virtual, informal public meeting in August 2021 to discuss stakeholders’ concerns and issues related to recertification. All submitted public comments can also be referenced via https://www.regulations.gov; Docket ID: EPA–HQ–OAR–2019–5304. In a letter dated November 17, 2021, from the EPA’s Director of the Office of Radiation and Indoor Air to the Assistant Secretary of the Office of Environmental Management, Department of Energy, the Agency notified the DOE that the CRA for the WIPP is complete. This letter can be referenced via https:// www.regulations.gov; Docket ID: EPA– HQ–OAR–2019–5304. This determination is solely an administrative measure and does not reflect any conclusion regarding the WIPP’s continued compliance with the disposal regulations. The EPA will now undertake a full technical evaluation of the complete 2019 CRA to determine whether the WIPP continues to comply with the Disposal Regulations. The Agency will consider relevant public comments and other information relevant to the WIPP’s compliance. The Agency is most interested in whether new or changed information has been appropriately incorporated into the performance assessment calculations for the WIPP and whether the potential long-term effects of changes are properly characterized. If the Agency approves the CRA, it will then serve as the baseline for the next recertification. As required by the WIPP LWA, the EPA will make a final recertification decision within six months of issuing the completeness determination letter to the Secretary of Energy. In accordance with the Compliance Certification Criteria, the Agency will seek to publish notice of EPA’s recertification decision. 40 CFR 194.64. Jonathan D. Edwards, Director, Office of Radiation and Indoor Air. [FR Doc. 2021–25590 Filed 11–24–21; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:58 Nov 24, 2021 Jkt 256001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 211119–0240] RIN 0648–BK66 Pacific Island Fisheries; Rebuilding Plan for Guam Bottomfish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes to implement a rebuilding plan that includes annual catch limits (ACL) and accountability measures (AM) for the overfished bottomfish stock complex in Guam. This action is necessary to rebuild the overfished stock consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: NMFS must receive comments by January 10, 2022. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2021–0104, by either of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter NOAA– NMFS–2021–0104 in the Search box, click the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. • Mail: Send written comments to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. Instructions: NMFS may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record, and NMFS will generally post them for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). The Western Pacific Fishery Management Council (Council) prepared Amendment 6 to the Fishery SUMMARY: PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 Ecosystem Plan for the Mariana Archipelago (FEP), which includes a draft environmental assessment (EA) and Regulatory Impact Review. Copies of Amendment 6 and other supporting documents are available at www.regulations.gov, or from the Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, www.wpcouncil.org. FOR FURTHER INFORMATION CONTACT: Kate Taylor, NMFS PIR Sustainable Fisheries, 808–725–5182. SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Guam bottomfish fishery under the FEP and implementing regulations. The Guam fishery harvests 11 species of emperors, snappers, groupers, and jacks. There are more than 300 participants in the fishery. Most (73.6 percent) of the bottomfish habitat is in territorial waters (generally from the shoreline to 3 nautical miles (5.6 km) offshore), with the rest in Federal waters (i.e., the U.S Exclusive Economic Zone) around offshore banks to the northeast and southwest of Guam. Fishing is mostly from vessels less than 25 ft (7.6 m) in length close to shore, targeting shallowwater species for recreational, subsistence, and small-scale commercial purposes. A few larger vessels make trips to offshore banks to harvest deepwater species primarily for commercial purposes. There is no mandatory reporting catch data collection system in Guam. The Guam Division of Aquatic and Wildlife Resources (DAWR) collects fishery catch information from fishermen through voluntary creel surveys, and commercial sales data from the commercial receipt book program. NMFS requires large vessels (>50 ft, 15.2 m) that fish in Federal waters to hold a Federal permit and report their catch; there are no current Federal permits holders. The NOAA Office of Law Enforcement and the U.S. Coast Guard are responsible for the enforcement of regulations in Federal waters and Guam’s Department of Agriculture Law Enforcement Section is responsible for the enforcement of regulations in territorial waters. Since 2001, the fishery has landed between 11,711 (5,312 kg) and 54,062 lb (24,522 kg) annually. The most recent 3year average (2018–2020) Guam bottomfish catch (from both Federal and territorial waters) was 27,306 lb (12,386 kg), and the fishery landed 18,933 lb (8,588 kg) in 2020. Although bottomfish have accounted for only 10–15 percent of Guam’s boat-based fish harvest, bottomfish hold fundamental dietary and cultural importance for the people of Guam. Federal waters around Guam E:\FR\FM\26NOP1.SGM 26NOP1

Agencies

[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Proposed Rules]
[Pages 67424-67426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25590]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 194

[EPA-HQ-OAR-2019-5304; FRL-9213-01-OAR]


Notification of Completeness of the Department of Energy's 
Compliance Recertification Application for the Waste Isolation Pilot 
Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Plant 2019 Compliance Recertification Application is complete; 
end of comment period concerning the 2019 Compliance Recertification 
Application.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or the Agency) has 
determined that the Department of Energy (DOE) 2019 Compliance 
Recertification Application (CRA) for the Waste Isolation Pilot Plant 
(WIPP) is complete. The EPA provided written notice of the completeness 
decision to the Department of Energy on November 17, 2021.The Agency 
has determined that the CRA is complete, in accordance with the, 
``Criteria for the Certification and Recertification of the WIPP's 
Compliance with the Disposal Regulations'' (Compliance Certification 
Criteria). The EPA also gives notice of the end of the comment period 
relating to the CRA.

DATES: The EPA opened the public comment period after receipt of some 
documentation of continued compliance and before the completeness 
determination concerning the CRA and gave notice that the comment 
period would remain open until after the completeness determination to 
a date which would be specified later (84 FR 50367, September 25, 
2019). Comments must be received on or before December 27, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2019-5304, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI), or other information of which disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points

[[Page 67425]]

you wish to make. The EPA will generally not consider comments or 
comment contents located outside of the primary submission (i.e., on 
the web, cloud, or other file sharing system). For additional 
submission methods, the full EPA public comment policy, information 
about CBI or multimedia submissions, and general guidance on making 
effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. The EPA is temporarily suspending its Docket 
Center and Reading Room for public visitors, with limited exceptions, 
to reduce the risk of transmitting COVID-19. Our Docket Center staff 
will continue to provide remote customer service via email, phone, and 
webform. We encourage the public to submit comments via https://www.regulations.gov or email, as there may be a delay in processing 
mail and faxes. Hand deliveries and couriers may be received by 
scheduled appointment only. For further information on EPA Docket 
Center services and the current status, please visit us online at 
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Ray Lee, Radiation Protection 
Division, Center for Radiation Information and Outreach, Mail Code 
6608T, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, 
Washington, DC 20460; telephone number: 202-343-9463; fax number: 202-
343-2305; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to the EPA 
through www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to the EPA, mark the outside of the disk or CD 
ROM as CBI and then identify electronically within the disk or CD ROM 
the specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    The WIPP is a disposal system for transuranic (TRU) radioactive 
waste. The WIPP Land Withdrawal Act, Public Law 102-579 (Oct. 30, 1972) 
\1\ (LWA) imposed various conditions or restrictions on the WIPP, 
including limiting radioactive waste disposal in the WIPP to TRU 
radioactive wastes generated by defense-related activities. The waste 
proposed for disposal at the WIPP derives from federal facilities 
across the United States, including locations in California, Colorado, 
Idaho, New Mexico, Nevada, Ohio, South Carolina, Tennessee and 
Washington. The LWA also provides that the DOE will submit information 
to the EPA to determine whether the WIPP complies with the Agency's 
final disposal regulations, 40 CFR part 191, subparts B and C (Disposal 
Regulations). This includes an initial determination or certification 
of compliance, and then subsequent, periodic recertifications of 
continued compliance. LWA Sec.  8. Under the LWA, the periodic 
recertifications occur on a five-year cycle, beginning five years after 
the initial receipt of transuranic waste for disposal at the WIPP. LWA 
Sec.  8(f)(1). The EPA promulgated the Compliance Certification 
Criteria to set out criteria for the certification and recertification 
of the WIPP's compliance with the Disposal Regulations. Among the 
criteria is the requirement that information submitted by the DOE shall 
be complete and accurate and a preliminary step for the EPA to 
determine and notify DOE, in writing, that a complete recertification 
application has been received. 40 CFR 194.11. The completeness 
determination is an administrative step; it does not imply in any way 
that the CRA demonstrates compliance with the Compliance Certification 
Criteria or the disposal regulations. The EPA is now engaged in the 
final technical review that will determine if the WIPP remains in 
compliance with the disposal regulations.
---------------------------------------------------------------------------

    \1\ The 1992 WIPP Land Withdrawal Act was amended by the ``Waste 
Isolation Pilot Plant Land Withdrawal Act Amendments,'' a part of 
the National Defense Authorization Act for Fiscal Year 1997. Public 
Law 104-201, Title 31, Subtitle F (Sept. 23, 1996).
---------------------------------------------------------------------------

    The DOE submitted its first documentation of continued compliance 
and request for recertification of the WIPP, typically referred to as a 
compliance recertification application, in March 2004. The DOE 
submitted the second compliance recertification application in March 
2009 and the third in March 2014. In March 2019, the DOE submitted the 
CRA, its fourth, and currently pending compliance recertification 
application. In September 2019, after receipt of the CRA, the EPA gave 
notice of receipt of the CRA and requested comment on all aspects of 
the application. 84 FR 50367 (Sept. 25, 2019). The Agency indicated 
that the comment period would remain open until a date after the EPA's 
completeness determination in accordance with Sec.  194.11, a date that 
EPA would specify in a subsequent notice.\2\
---------------------------------------------------------------------------

    \2\ For additional background information concerning the WIPP, 
the LWA, and periodic compliance recertification, see the September 
25, 2019 notice of receipt and availability of the CRA and opening 
of the comment period. 84 FR 50367.
---------------------------------------------------------------------------

    After receiving the CRA, the EPA engaged in a preliminary review of 
the information submitted for completeness. The Agency's review 
identified multiple topics for which additional information was 
necessary to perform a technical evaluation. The EPA sent a series of 
letters to the DOE requesting additional information, and the 
Department provided documents and analyses in response to these 
requests. This completeness-related correspondence--along with other 
supporting documentation--is available in the Agency's public dockets 
(https://www.regulations.gov; Docket ID: EPA-HQ-OAR-2019-5304). Links 
to the electronic docket and additional information are also available 
at the EPA's WIPP website (https://www.epa.gov/radiation/certification-and-recertification-wipp).

[[Page 67426]]

    In addition, since the opening of the public comment period on the 
2019 CRA, the Agency has received 12 sets of public comments regarding 
the application and the recertification process in general. In addition 
to soliciting written public comments, the EPA held a virtual, informal 
public meeting in August 2021 to discuss stakeholders' concerns and 
issues related to recertification. All submitted public comments can 
also be referenced via https://www.regulations.gov; Docket ID: EPA-HQ-
OAR-2019-5304.
    In a letter dated November 17, 2021, from the EPA's Director of the 
Office of Radiation and Indoor Air to the Assistant Secretary of the 
Office of Environmental Management, Department of Energy, the Agency 
notified the DOE that the CRA for the WIPP is complete. This letter can 
be referenced via https://www.regulations.gov; Docket ID: EPA-HQ-OAR-
2019-5304. This determination is solely an administrative measure and 
does not reflect any conclusion regarding the WIPP's continued 
compliance with the disposal regulations.
    The EPA will now undertake a full technical evaluation of the 
complete 2019 CRA to determine whether the WIPP continues to comply 
with the Disposal Regulations. The Agency will consider relevant public 
comments and other information relevant to the WIPP's compliance. The 
Agency is most interested in whether new or changed information has 
been appropriately incorporated into the performance assessment 
calculations for the WIPP and whether the potential long-term effects 
of changes are properly characterized.
    If the Agency approves the CRA, it will then serve as the baseline 
for the next recertification. As required by the WIPP LWA, the EPA will 
make a final recertification decision within six months of issuing the 
completeness determination letter to the Secretary of Energy. In 
accordance with the Compliance Certification Criteria, the Agency will 
seek to publish notice of EPA's recertification decision. 40 CFR 
194.64.

Jonathan D. Edwards,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2021-25590 Filed 11-24-21; 8:45 am]
BILLING CODE 6560-50-P
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