[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: 40CFR194.61]



[Page 56]

 

                   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 D_Public Participation

 

Sec.  194.61  Advance notice of proposed rulemaking for certification.





    (a) Upon receipt of a compliance application submitted pursuant to 

section 8(d)(1) of the WIPP LWA and Sec.  194.11, the Agency will 

publish in the Federal Register an Advance Notice of Proposed Rulemaking 

announcing that a compliance application has been received, soliciting 

comment on such application, and announcing the Agency's intent to 

conduct a rulemaking to certify whether the WIPP facility will comply 

with the disposal regulations.

    (b) A copy of the compliance application will be made available for 

inspection in Agency dockets established pursuant to Sec.  194.67.

    (c) The notice will provide a public comment period of 120 days.

    (d) A public hearing concerning the notice will be held if a written 

request is received by the Administrator or the Administrator's 

authorized representative within 30 calendar days of the date of 

publication pursuant to paragraph (a) of this section.

    (e) Any comments received on the notice will be made available for 

inspection in the dockets established pursuant to Sec.  194.67.

    (f) Any comments received on the notice will be provided to the 

Department and the Department may submit to the Agency written responses 

to the comments.



[[Page 57]]