[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: 40CFR194.43]



[Page 53-54]

 

                   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 C_Compliance Certification and Re-certification

 

Sec.  194.43  Passive institutional controls.



    (a) Any compliance application shall include detailed descriptions 

of the



[[Page 54]]



measures that will be employed to preserve knowledge about the location, 

design, and contents of the disposal system. Such measures shall 

include:

    (1) Identification of the controlled area by markers that have been 

designed and will be fabricated and emplaced to be as permanent as 

practicable;

    (2) Placement of records in the archives and land record systems of 

local, State, and Federal governments, and international archives, that 

would likely be consulted by individuals in search of unexploited 

resources. Such records shall identify:

    (i) The location of the controlled area and the disposal system;

    (ii) The design of the disposal system;

    (iii) The nature and hazard of the waste;

    (iv) Geologic, geochemical, hydrologic, and other site data 

pertinent to the containment of waste in the disposal system, or the 

location of such information; and

    (v) The results of tests, experiments, and other analyses relating 

to backfill of excavated areas, shaft sealing, waste interaction with 

the disposal system, and other tests, experiments, or analyses pertinent 

to the containment of waste in the disposal system, or the location of 

such information.

    (3) Other passive institutional controls practicable to indicate the 

dangers of the waste and its location.

    (b) Any compliance application shall include the period of time 

passive institutional controls are expected to endure and be understood.

    (c) The Administrator may allow the Department to assume passive 

institutional control credit, in the form of reduced likelihood of human 

intrusion, if the Department demonstrates in the compliance application 

that such credit is justified because the passive institutional controls 

are expected to endure and be understood by potential intruders for the 

time period approved by the Administrator. Such credit, or a smaller 

credit as determined by the Administrator, cannot be used for more than 

several hundred years and may decrease over time. In no case, however, 

shall passive institutional controls be assumed to eliminate the 

likelihood of human intrusion entirely.