Page:United States Statutes at Large Volume 106 Part 6.djvu/224

 106 STAT. 4782 PUBLIC LAW 102-579—OCT. 30, 1992 Federal Register, publication. Federal Register, publication. to be necessary to effect and maintain the closure and shall provide notice to the public of such closure. (d) MEMORANDUM OF UNDERSTANDING.—The Secretary and the Secretary of the Interior shall enter into a memorandum of understanding to implement the management plsui developed under subsection (b). Such memorandum shall remain in effect until the end of the decommissioning phase. (e) SUBMISSION OF PLAN. — Within 1 year after the date of the enactment of this Act, the Secretary shall submit the management plan developed under subsection (b) to the Congress and the State. Any amendments to the plan shall be submitted promptly to the Congress and the State. SEC. 5. TEST PHASE AND RETRIEVAL PLANS. (a) IN GENERAL.— Not later than 7 months after the date of the enactment of this Act, the Secretary shall prepare, and submit to the Administrator for review, a test phase plan and a retrieval plan in accordance with this section. The Secretary shall give notice in the Federal Register of submission of such plans and provide an opportunity for public access to such plans. (b) TEST PHASE PLAN. —The test phase plein and any modification of the plan, as appropriate, shall— (1) set forth the test phase activities to be conducted at WIPP; (2) specify the quantities and types of transuranic waste required for such activities; (3) provide a detailed description of how the test phase activities will provide information directly relevant to a certification of compliance with the final disposal regulations or to compliance with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and (4) include justification for all such activities. (c) RETRIEVAL PLAN.— The retrieval plan and any modification of the plan, as appropriate, shall set forth a detailed plan for the removal of transuranic waste emplaced at WIPP during the test phase, if such removal is required under any provision of this Act. (d) APPROVAL BY ADMINISTRATOR. — (1) IN GENERAL.— The Administrator shall determine, in a single rulemaking procedure, whether to approve, in whole or in part, or disapprove the test phase plan and whether to approve or disapprove the retrieval plan. The Administrator shall, in accordance with paragraph (3), publish in the Federal Register a final rule setting forth the approval or disapproval in accordance with this subsection not later than 10 months after the date of the enactment of this Act. (2) STANDARDS FOR APPROVAL. — (A) TEST PHASE PLAN.— The Administrator shall approve the test phase plan, or any modification to the plan, in whole or in part, if the Administrator determines that the experiments will provide data that are directly relevant to a certification of compliance with the final disposal regulations or to compliance with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (B) RETRIEVAL PLAN.—The Administrator shall approve the retrieval plan, or any modification to the plan, if the Administrator determines that it will provide for satisfac-

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