40 CFR 191:

U.S. Environmental Protection Agency (EPA). Environmental Radiation Protection Standards for Management and Disposal of Spent Nuclear Fuel, High-Level and Transuranic Radioactive Wastes, Final Rule. December 20, 1993. Federal Register (FR) 58(242): 66398–66416. This regulation prescribes EPA environmental radiation protection standards that will apply to all sites (except Yucca Mountain) for the deep geologic disposal of highly radioactive waste. Congress required EPA to evaluate whether the WIPP complies with Subparts B and C of the disposal regulations set forth in this document for the management and disposal of transuranic radioactive wastes.

40 CFR 194:

U.S. Environmental Protection Agency. Criteria for the Certification and Recertification of the Waste Isolation Pilot Plant’s compliance with the 40 CFR Part 191 Disposal Regulations, Final Rule. May 18, 1998. Federal Register 63(95): 27353–2740. This regulation stipulates that DOE must provide a list to the EPA that identifies and describes waste characteristics that can impact the WIPP’s performance. This list may be derived from methods that include process knowledge and non-destructive assay/examination. On May 18, 1998, the EPA issued a final rule certifying that the WIPP was compliant with applicable EPA TRU waste disposal regulations set forth in 40 CFR 191 and the compliance criteria of 40 CFR 194 (63 FR 27354).

40 CFR 194.22(b):

U.S. Environmental Protection Agency. This section includes the quality assurance requirements for waste characterization activities and assumptions. The quality assurance provisions allow the characterization of waste by 1) peer review; 2) corroboration with new data, 3) confirmation by measurement, or 4) qualification of previous QA programs.

40 CFR 261:

U.S. Environmental Protection Agency. Identification and Listing of Hazardous Waste. This part identifies those solid wastes that are subject to regulation as hazardous wastes under Parts 262–265, 268, 270, 271, and 124 of Title 40 of the Code of Federal Regulations. Codified in New Mexico as 20 NMAC 4.1, Subpart II.

40 CFR 264:

U.S. Environmental Protection Agency. This part consists of “Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities.” This subpart establishes minimum national standards, that define the acceptable management of hazardous waste. Codified in New Mexico as 20 NMAC 4.1, Subpart V.

40 CFR 270:

U.S. Environmental Protection Agency. This regulation establishes provisions for the Hazardous Waste Permitting Program under Subtitle C of the Resource Conservation and Recovery Act. This regulation and the associated State of New Mexico regulations require the permitting of the WIPP as a hazardous waste management unit. Codified in New Mexico as 20 NMAC 4.1, Subpart IX.


Acceptable Knowledge (AK):

a term used by the EPA that encompasses process knowledge and results from previous testing, sampling, and analysis of waste. Acceptable knowledge includes information regarding the raw materials used in a process or operation, process description, products, and associated wastes. Acceptable knowledge documentation includes the site history and mission, site-



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