Page:United States Statutes at Large Volume 106 Part 6.djvu/228

 106 STAT. 4786 PUBLIC LAW 102-579—OCT. 30, 1992 (6) the completion by the Secretary, with notice and an opportunity for public comment, of a survey identifying all transuranic waste types at all sites from which wastes are to be shipped to WIPP, and— r".**lic (A) the results of such survey shall be made available information. ^^ ^j^g p^^jy^. ^^ ^^ provided to the Administrator; and (B) such survey shall not be subject to rulemaking or judicial review. SEC. 8. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULA- TIONS. (a) REINSTATEMENT.— (1) IN GENERAL.— Except as provided in paragraph (2), the disposal regulations issued by the Administrator on September 19, 1985, and contained in subpart B of part 191 of title 40, Code of Federal Regulations, shall be in effect. (2) EXCEPTIONS. —Paragraph (1) shall not apply to— (A) the 3 aspects of sections 191.15 and 191.16 of such regulations that were the subject of the remand ordered in Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency, 824 F.2d 1258 (1st Cir. 1987); and (B) the characterization, licensing, construction, operation, or closure of any site required to be characterized under section 113(a) of Public Law 97-425. (b) ISSUANCE OF REGULATIONS.— (1) IN GENERAL. — Subject to the limitation in paragraph (2), the Administrator shall issue, not later than 6 months after the date of the enactment of this Act, final disposal regulations. Such regulations shall be issued in a rulemaking proceeding conducted under section 553 of title 5, United States Code, except that sections 556 and 557 of such title shall not apply. (2) LIMITATION.— The regulations required by this subsection shall not be applicable to the characterization, licensing, construction, operation, or closure of any site required to be characterized under section 113(a) of Public Law 97-425. (c) ISSUANCE OF CRITERIA FOR CERTIFICATION OF COMPLIANCE WITH DISPOSAL REGULATIONS.— (1) PROPOSED CRITERIA.—Not later than 1 year after the date of the enactment of this Act, the Administrator shall, by rule pursuant to section 553 of title 5, United States Code, propose criteria for the Administrator's certification of compliance with the final disposal regulations, and sections 556 and 557 of such title shall not apply. (2) FINAL CRITERIA.—Not later than 2 years after the date of the enactment of this Act, the Administrator shall, by rule pursuant to section 553 of title 5, United States Code, issue final criteria for the Administrator's certification of compliance with the final disposal regulations, and sections 556 and 557 of such title shall not apply. (d) DISPOSAL REGULATIONS.— (1) COMPLIANCE WITH DISPOSAL REGULATIONS.— (A) IN GENERAL. —The Secretary shall comply at WIPP with the final disposal regulations. Within 7 years of the date of the first receipt of transuranic waste at WIPP,

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