Page:United States Statutes at Large Volume 106 Part 6.djvu/231

 PUBLIC LAW 102-579—OCT. 30, 1992 106 STAT. 4789 ing actions the Secretary will take to comply with such law, regulation, or permit requirement. (2) CONSEQUENCES OF NONCOMPLIANCE. — If— (A) a remedial plan is not received from the Secretary within 6 months of a determination of noncompHgince under paragraph (1); or (B) the Administrator determines, by rule pursuant to section 553 of title 5, United States Code, that a remedial plan requested under paragraph (1) is inadequate to bring the WIPP facility into compliance; then the Secretary shall implement the retrieval plan under section 10 and the decommissioning and post-decommissioning plans under section 13, and, following implementation of such plans, the land withdrawal made by section 3(a) shall terminate and the land shall be managed by the Secretary of the Interior through the Bureau of Land Management. (c) DETERMINATION OF NONCOMPLIANCE DURING DISPOSAL PHASE AND DECOMMISSIONING PHASE. — (1) DETERMINATION BY THE ADMINISTRATOR. — If the Administrator determines at any time during the disposal phase or decommissioning phase that the WIPP facility does not comply with any law, regulation, or permit requirement described in subsection (a)(1), the Administrator shall request a remedial plan from the Secretary describing actions the Secretary will take to comply with such law, regulation, or permit requirement, (2) CONSEQUENCES OF NONCOMPLIANCE. — If — (A) a remedial plan is not received from the Secretary within 6 months of a determination of noncompliance under paragraph (1); or (B) the Administrator determines, by rule pursuant to section 553 of title 5, United States Code, that a remedial plan requested under paragraph (1) is inadequate to bring the WIPP facility into compliance; then the Secretary shall retrieve, to the extent practicable, any transuranic waste and any material contaminated by such waste from underground at WIPP, and implement the decommissioning and post-decommissioning plans under section 13. Following completion of such retrieval and implementation of such plans, the land withdrawal made by section 3(a) shall terminate and the land shall be managed by the Secretary of the Interior through the Bureau of Land Management. (d) SAVINGS PROVISION.— The authorities provided to the Administrator and to the State pursuant to this section are in addition to the enforcement authorities available to the State pursuant to State law and to the Administrator, the State, and any other person, pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Clean Air Act (40 U.S.C. 7401 et seq.). SEC. 10. RETRIEVABILITY. (a) REQUIREMENT OF RETRIEVABILITY. — (1) IN GENERAL.. — Transuranic waste emplaced in WIPP for purposes of the test phase shall be retrievable during the test phase, and for such period of time subsequent to the test phase as may be needed to provide for its retrieval in the event that—

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