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§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 §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 §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 §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.
§194.62 Notice of proposed rulemaking for certification.
(a) The Administrator will publish a Notice of Proposed Rulemaking in the Federal Register announcing the Administrator's proposed decision, pursuant to section 8(d)(1) of the WIPP LWA, whether to issue a certification that the WIPP facility will comply with the disposal regulations and soliciting comment on the proposal.
(b) The notice will provide a public comment period of at least 120 days.
(c) The notice will announce public hearings in New Mexico.
(d) Any comments received on the notice will be made available for inspection in the dockets established pursuant to §194.67.
§194.63 Final rule for certification.
(a) The Administrator will publish a Final Rule in the Federal Register announcing the Administrator's decision, pursuant to section 8(d)(1) of the WIPP LWA, whether to issue a certification that the WIPP facility will comply with the disposal regulations.
(b) A document summarizing significant comments and issues arising from comments received on the Notice of Proposed Rulemaking, as well as the Administrator's response to such significant comments and issues, will be prepared and will be made available for inspection in the dockets established pursuant to §194.67.
§194.64 Documentation of continued compliance.
(a) Upon receipt of documentation of continued compliance with the disposal regulations pursuant to section 8(f) of the WIPP LWA and §194.11, the Administrator will publish a notice in the Federal Register announcing that such documentation has been received, soliciting comment on such documentation, and announcing the Administrator's intent to determine whether or not the WIPP facility continues to be in compliance with the disposal regulations.
(b) Copies of documentation of continued compliance received by the Administrator will be made available for inspection in the dockets established pursuant to §194.67.
(c) The notice will provide a public comment period of at least 30 days after publication pursuant to paragraph (a) of this section.
(d) Any comments received on such notice will be made available for public inspection in the dockets established pursuant to §194.67.
(e) Upon completion of review of the documentation of continued compliance with the disposal regulations, the Administrator will publish a notice in the Federal Register announcing the Administrator's decision whether or not to re-certify the WIPP facility.
§194.65 Notice of proposed rulemaking for modification or revocation.
(a) If the Administrator determines that any changes in activities or conditions pertaining to the disposal system depart significantly from the most recent compliance application, the Agency will publish a Notice of Proposed Rulemaking in the Federal Register announcing the Administrator's proposed decision on modification or revocation, and soliciting comment on the proposal.
(b) Any comments received on the notice will be made available for inspection in the dockets established pursuant to §194.67.
§194.66 Final rule for modification or revocation.
(a) The Administrator will publish a Final Rule in the Federal Register announcing the Administrator's decision on modification or revocation.
(b) A document summarizing significant comments and issues arising from comments received on the Notice of Proposed Rulemaking as well as the Administrator's response to such significant comments and issues will be prepared and will be made available for inspection in the dockets established pursuant to §194.67.
§194.67 Dockets.
The Agency will establish and maintain dockets in the State of New Mexico and Washington, DC. The dockets will consist of all relevant, significant information received from outside parties and all significant information considered by the Administrator in certifying whether the WIPP facility will comply with the disposal regulations, in certifying whether or not the WIPP facility continues to be in compliance with the disposal regulations, and in determining whether compliance certification should be modified, suspended or revoked.