[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: 40CFR194.2]



[Page 37-38]

 

                   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.  194.2  Definitions.



    Unless otherwise indicated in this part, all terms have the same 

meaning as in part 191 of this chapter.

    Acceptable knowledge means any information about the process used to 

generate waste, material inputs to the process, and the time period 

during which the waste was generated, as well as data resulting from the 

analysis of waste, conducted prior to or separate from the waste 

certification process authorized by EPA's Certification Decision, to 

show compliance with Condition 3 of the certification decision (appendix 

A of this part).

    Administrator's authorized representative means the director in 

charge of radiation programs at the Agency.

    Certification means any action taken by the Administrator pursuant 

to section 8(d)(1) of the WIPP LWA.

    Compliance application(s) means the compliance certification 

application submitted to the Administrator pursuant to section 8(d)(1) 

of the WIPP LWA or any compliance re-certification applications 

submitted to the Administrator pursuant to section 8(f) of the WIPP LWA.

    Compliance assessment(s) means the analysis conducted to determine 

compliance with Sec.  191.15, and part 191, subpart C of this chapter.

    Delaware Basin means those surface and subsurface features which lie 

inside the boundary formed to the north, east and west of the disposal 

system by the innermost edge of the Capitan Reef, and formed, to the 

south, by a straight line drawn from the southeastern point of the Davis 

Mountains to the most southwestern point of the Glass Mountains.

    Deep drilling means those drilling events in the Delaware Basin that 

reach or exceed a depth of 2,150 feet below the surface relative to 

where such drilling occurred.

    Department means the United States Department of Energy.

    Disposal regulations means part 191, subparts B and C of this 

chapter.

    Management systems review means the qualitative assessment of a data 

collection operation or organization(s) to establish whether the 

prevailing quality management structure, policies, practices, and 

procedures are adequate to ensure that the type and quality of data 

needed are obtained.

    Minor alternative provision means an alternative provision to the 

Compliance Criteria that only clarifies an existing regulatory 

provision, or does not substantively alter the existing regulatory 

requirements.

    Modification means action(s) taken by the Administrator that alters 

the terms or conditions of certification pursuant to section 8(d)(1) of 

the WIPP LWA. Modification of any certification shall comply with this 

part and part 191 of this chapter.

    Population of CCDFs means all possible complementary, cumulative 

distribution functions (CCDFs) that can be generated from all disposal 

system parameter values used in performance assessments.

    Population of estimates means all possible estimates of radiation 

doses and radionuclide concentrations that can be generated from all 

disposal system



[[Page 38]]



parameter values used in compliance assessments.

    Quality assurance means those planned and systematic actions 

necessary to provide adequate confidence that the disposal system will 

comply with the disposal regulations set forth in part 191 of this 

chapter. Quality assurance includes quality control, which comprises 

those actions related to the physical characteristics of a material, 

structure, component, or system that provide a means to control the 

quality of the material, structure, component, or system to 

predetermined requirements.

    Re-certification means any action taken by the Administrator 

pursuant to section 8(f) of the WIPP LWA.

    Regulatory time frame means the time period beginning at disposal 

and ending 10,000 years after disposal.

    Revocation means any action taken by the Administrator to terminate 

the certification pursuant to section 8(d)(1) of the WIPP LWA.

    Secretary means the Secretary of Energy.

    Shallow drilling means those drilling events in the Delaware Basin 

that do not reach a depth of 2,150 feet below the surface relative to 

where such drilling occurred.

    Suspension means any action taken by the Administrator to withdraw, 

for a limited period of time, the certification pursuant to section 

8(d)(1) of the WIPP LWA.

    Waste means the radioactive waste, radioactive material and 

coincidental material subject to the requirements of part 191 of this 

chapter.

    Waste characteristic means a property of the waste that has an 

impact on the containment of waste in the disposal system.

    Waste component means an ingredient of the total inventory of the 

waste that influences a waste characteristic.

    WIPP means the Waste Isolation Pilot Plant, as authorized pursuant 

to section 213 of the Department of Energy National Security and 

Military Applications of Nuclear Energy Authorization Act of 1980 (Pub. 

L. 96-164; 93 Stat. 1259, 1265).

    WIPP LWA means the Waste Isolation Pilot Plant Land Withdrawal Act 

of 1992 (Pub. L. 102-579, 106 Stat. 4777).



[61 FR 5235, Feb. 9, 1996, as amended at 63 FR 27404, May 18, 1998; 69 

FR 42580, July 16, 2004]