[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR194.1]



[Page 36-37]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 194_CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE 

ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL 

REGULATIONS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  194.1  Purpose, scope, and applicability.









                      Subpart A_General Provisions



Sec.

194.1 Purpose, scope, and applicability.

194.2 Definitions.

194.3 Communications.

194.4 Conditions of compliance certification.

194.5 Publications incorporated by reference.

194.6 Alternative provisions.

194.7 Effective date.

194.8 Approval process for waste shipment from waste generator sites for 

          disposal at the WIPP.



  Subpart B_Compliance Certification and Re-certification Applications



194.11 Completeness and accuracy of compliance applications.

194.12 Submission of compliance applications.

194.13 Submission of reference materials.

194.14 Content of compliance certification application.

194.15 Content of compliance re-certification application(s).



         Subpart C_Compliance Certification and Re-certification



                          General Requirements



194.21 Inspections.

194.22 Quality assurance.

194.23 Models and computer codes.

194.24 Waste characterization.

194.25 Future state assumptions.

194.26 Expert judgment.

194.27 Peer review.



                        Containment Requirements



194.31 Application of release limits.

194.32 Scope of performance assessments.

194.33 Consideration of drilling events in performance assessments.

194.34 Results of performance assessments.



                         Assurance Requirements



194.41 Active institutional controls.

194.42 Monitoring.

194.43 Passive institutional controls.

194.44 Engineered barriers.

194.45 Consideration of the presence of resources.

194.46 Removal of waste.



           Individual and Ground-water Protection Requirements



194.51 Consideration of protected individual.

194.52 Consideration of exposure pathways.

194.53 Consideration of underground sources of drinking water.

194.54 Scope of compliance assessments.

194.55 Results of compliance assessments.



                     Subpart D_Public Participation



194.61 Advance notice of proposed rulemaking for certification.

194.62 Notice of proposed rulemaking for certification.

194.63 Final rule for certification.

194.64 Documentation of continued compliance.

194.65 Notice of proposed rulemaking for modification or revocation.

194.66 Final rule for modification or revocation.

194.67 Dockets.



Appendix A to Part 194--Certification of the Waste Isolation Pilot 

          Plant's



[[Page 37]]



          Compliance with the 40 CFR Part 191 Disposal Regulations and 

          the 40 CFR Part 194 Compliance Criteria



    Authority: Pub. L. 102-579, 106 Stat. 4777, as amended by Pub. L. 

104-201,110 Stat. 2422; Reorganization Plan No. 3 of 1970, 35 FR 15623, 

Oct. 6, 1970, 5 U.S.C. app. 1; Atomic Energy Act of 1954, as amended, 42 

U.S.C. 2011-2296 and 10101-10270.



    Source: 61 FR 5235, Feb. 9, 1996, unless otherwise noted.







    This part specifies criteria for the certification or any re-

certification, or subsequent actions relating to the terms or conditions 

of certification of the Department of Energy's Waste Isolation Pilot 

Plant's compliance with the disposal regulations found at part 191 of 

this chapter and pursuant to section 8(d)(1) and section 8(f), 

respectively, of the WIPP LWA. The compliance certification application 

submitted pursuant to section 8(d)(1) of the WIPP LWA and any compliance 

re-certification application submitted pursuant to section 8(f) of the 

WIPP LWA shall comply with the requirements of this part.