Page:United States Statutes at Large Volume 106 Part 6.djvu/229

 PUBLIC LAW 102-579—OCT. 30, 1992 106 STAT. 4787 the Secretary shall submit to the Administrator an application for certification of compliance with such regulations. (B) CERTIFICATION BY ADMINISTRATOR.—Within 1 year of receipt of the application under subparagraph (A), the Administrator shall certify, by rule pursuant to section 553 of title 5, United States Code, whether the WIPP facility will comply with the final disposal regulations, and sections 556 and 557 of such title shall not apply. (C) JUDICIAL REVIEW.—Judicial review of the certification of the Administrator under subparagraph (B) shall not be restricted by the provisions of section 221 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2271(c)). (D) LIMITATION.— Any certification of the Administrator under subparagraph (B) may only be made after the application is submitted to the Administrator under subparagraph (A). (2) FAILURE TO CERTIFY.— Except as provided in paragraph (3), if, upon the expiration of the 10-year period beginning on the date of the first receipt of transuranic waste at WIPP, the Administrator has not certified that the WIPP facility will comply with the final disposal regulations— (A) the Secretary shall implement the retrieval plan under section 10 and the decommissioning and postdecommissioning plans under section 13; (B) following implementation of such plans, the land withdrawal made by section 3(a) shall terminate and the land shall be mismaged by the Secretary of the Interior through the Bureau of Land Management; and (C)(i) no pennit or variance issued with respect to test phase activities or disposal operations pursuant to section 3004 of the SoHd Waste Disposal Act (42 U.S.C. 6924), or other applicable hazardous waste laws, with respect to WIPP, snail remain in effect later than 1 year after implementation of the retrieval plan; and (ii) all transuranic waste shall be removed from the State unless, prior to the expiration of such 1-year period, a new permit or variance is issued pursuant to section 3004 of the Solid Waste Disposal Act (42 U.S.C. 6924), or other applicable hazardous waste laws. (3) EXTENSION OF DEADLINE.— The 10-year period in paragraph (2) may be extended once by the Administrator for not more than 2 years, if the Administrator determines that additional time is necessary for the Administrator to complete the rulemaking under pgiragraph (1)(B) or for the Administrator's certification to become effective under this subsection. (e) CONFLICT RESOLUTION. —If the State disagrees with the Secretary's application under subsection (d)(1)(A), the State may invoke the conflict resolution provisions of the Agreement. (f) PERIODIC RECERTIFICATION.— (1) BY SECRETARY. —Not later than 5 years after the initial receipt of transuranic waste for disposal at WIPP, and every 5 years thereafter until the end of the decommissioning phase, the Secretary shall submit to the Administrator and the State documentation of continued compliance with the final disposal regulations. (2) CONCURRENCE BY ADMINISTRATOR. — The Administrator shall, not later than 6 months after receiving a submission

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