40 CFR 194.4 - Conditions of compliance certification.

§ 194.4 Conditions of compliance certification.
(a) Any certification of compliance issued pursuant to section 8(d)(1) of the WIPP LWA may include such conditions as the Administrator finds necessary to support such certification.
(b) Whether stated therein or not, the following conditions shall apply in any such certification:
(1) The certification shall be subject to modification, suspension or revocation by the Administrator. Any suspension of the certification shall be done at the discretion of the Administrator. Any modification or revocation of the certification shall be done by rule pursuant to 5 U.S.C. 553. If the Administrator revokes the certification, the Department shall retrieve, as soon as practicable and to the extent practicable, any waste emplaced in the disposal system.
(2) Any time after the Administrator issues a certification, the Administrator or the Administrator's authorized representative may submit a written request to the Department for information to enable the Administrator to determine whether the certification should be modified, suspended or revoked. Unless otherwise specified by the Administrator or the Administrator's authorized representative, the Department shall submit such information to the Administrator or the Administrator's authorized representative within 30 calendar days of receipt of the request.
(3) Any time after the Administrator issues a certification, the Department shall report any planned or unplanned changes in activities or conditions pertaining to the disposal system that differ significantly from the most recent compliance application.
(i) The Department shall inform the Administrator, in writing, prior to making such a planned change in activity or disposal system condition.
(ii) In the event of an unplanned change in activity or condition, the Department shall immediately cease emplacement of waste in the disposal system if the Department determines that one or more of the following conditions is true:
(A) The containment requirements established pursuant to § 191.13 of this chapter have been or are expected to be exceeded;
(B) Releases from already-emplaced waste lead to committed effective doses that are or are expected to be in excess of those established pursuant to § 191.15 of this chapter. For purposes of this paragraph (b)(3)(ii)(B), emissions from operations covered pursuant to part 191, subpart A of this chapter are not included; or
(C) Releases have caused or are expected to cause concentrations of radionuclides or estimated doses due to radionuclides in underground sources of drinking water in the accessible environment to exceed the limits established pursuant to part 191, subpart C of this chapter.
(iii) If the Department determines that a condition described in paragraph (b)(3)(ii) of this section has occurred or is expected to occur, the Department shall notify the Administrator, in writing, within 24 hours of the determination. Such notification shall, to the extent practicable, include the following information:
(A) Identification of the location and environmental media of the release or the expected release;
(B) Identification of the type and quantity of waste (in activity in curies of each radionuclide) released or expected to be released;
(C) Time and date of the release or the estimated time of the expected release;
(D) Assessment of the hazard posed by the release or the expected release; and
(E) Additional information requested by the Administrator or the Administrator's authorized representative.
(iv) The Department may resume emplacement of waste in the disposal system upon written notification that the suspension has been lifted by the Administrator.
(v) If the Department discovers a condition or activity that differs significantly from what is indicated in the most recent compliance application, but does not involve conditions or activities listed in paragraph (b)(3)(ii) of this section, then the difference shall be reported, in writing, to the Administrator within 10 calendar days of its discovery.
(vi) Following receipt of notification, the Administrator will notify the Secretary in writing whether any condition or activity reported pursuant to paragraph (b)(3) this section:
(A) Does not comply with the terms of the certification; and, if it does not comply,
(B) Whether the compliance certification must be modified, suspended or revoked. The Administrator or the Administrator's authorized representative may request additional information before determining whether modification, suspension or revocation of the compliance certification is required.
(4) Not later than six months after the Administrator issues a certification, and at least annually thereafter, the Department shall report to the Administrator, in writing, any changes in conditions or activities pertaining to the disposal system that were not required to be reported by paragraph (b)(3) of this section and that differ from information contained in the most recent compliance application.

Title 40 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
USC: Title 5a
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 2011 - Congressional declaration of policy

§ 2012 - Congressional findings

§ 2013 - Purpose of chapter

§ 2014 - Definitions

§ 2015 - Transfer of property

§ 2015a - Cold standby

§ 2015b - Scholarship and fellowship program

§ 2015c - Partnership program with institutions of higher education

§ 2016 - Repealed.

§ 2017 - Authorization of appropriations

§ 2017a - Omitted

42 U.S. Code § 1975e, 1975f - Omitted

§ 2017b - Omitted

§ 2018 - Agency jurisdiction

§ 2019 - Applicability of Federal Power Act

§ 2020 - Licensing of Government agencies

§ 2021 - Cooperation with States

§ 2021a - Storage or disposal facility planning

§ 2021b - Definitions

§ 2021c - Responsibilities for disposal of low-level radioactive waste

§ 2021d - Regional compacts for disposal of low-level radioactive waste

§ 2021e - Limited availability of certain regional disposal facilities during transition and licensing periods

§ 2021f - Emergency access

§ 2021g - Responsibilities of Department of Energy

§ 2021h - Alternative disposal methods

§ 2021i - Licensing review and approval

§ 2021j - Radioactive waste below regulatory concern

§ 2022 - Health and environmental standards for uranium mill tailings

§ 2023 - State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

§ 2031, 2032 - Repealed.

§ 2033 - Principal office

§ 2034 - General Manager, Deputy and Assistant General Managers

§ 2035 - Divisions, offices, and positions

§ 2036 - Repealed.

§ 2037 - Repealed.

§ 2038 - Appointment of Army, Navy, or Air Force officer as Assistant General Manager for Military Application; Chairman of Military Liaison Committee; compensation

§ 2039 - Advisory Committee on Reactor Safeguards; composition; tenure; duties; compensation

§ 2040 - Fellowship program of Advisory Committee on Reactor Safeguards; selection of fellowships

§ 2051 - Research and development assistance

§ 2052 - Research by Commission

§ 2053 - Research for others; charges

§ 2061 - Production facilities

§ 2062 - Irradiation of materials

§ 2063 - Acquisition of production facilities

§ 2064 - Disposition of energy; regulation on sale

§ 2071 - Determination of other material as special nuclear material; Presidential assent; effective date

§ 2072 - Repealed.

§ 2073 - Domestic distribution of special nuclear material

§ 2074 - Foreign distribution of special nuclear material

§ 2075 - Acquisition of special nuclear material; payments; just compensation

§ 2076 - Guaranteed purchase prices

§ 2077 - Unauthorized dealings in special nuclear material

§ 2078 - Congressional review of guaranteed purchase price, guaranteed purchase price period, and criteria for waiver of charges

§ 2091 - Determination of source material

§ 2092 - License requirements for transfers

§ 2093 - Domestic distribution of source material

§ 2094 - Foreign distribution of source material

§ 2095 - Reports

§ 2096 - Acquisition of source material; payments

§ 2097 - Operations on lands belonging to United States

§ 2098 - Public and acquired lands

§ 2099 - Prohibitions against issuance of license

§ 2111 - Domestic distribution

§ 2112 - Foreign distribution of byproduct material

§ 2113 - Ownership and custody of certain byproduct material and disposal sites

§ 2114 - Authorities of Commission respecting certain byproduct material

§ 2121 - Authority of Commission

§ 2122 - Prohibitions governing atomic weapons

§ 2122a - Repealed.

§ 2123 - Transferred

§ 2131 - License required

§ 2132 - Utilization and production facilities for industrial or commercial purposes

§ 2133 - Commercial licenses

§ 2134 - Medical, industrial, and commercial licenses

§ 2135 - Antitrust provisions governing licenses

§ 2136 - Classes of facilities

§ 2137 - Operators’ licenses

§ 2138 - Suspension of licenses during war or national emergency

§ 2139 - Component and other parts of facilities

§ 2139a - Regulations implementing requirements relating to licensing for components and other parts of facilities

§ 2140 - Exclusions from license requirement

§ 2141 - Licensing by Nuclear Regulatory Commission of distribution of special nuclear material, source material, and byproduct material by Department of Energy

§ 2151 - Effect of international arrangements

§ 2152 - Policies contained in international arrangements

§ 2153 - Cooperation with other nations

§ 2153a - Approval for enrichment after export of source or special nuclear material; export of major critical components of enrichment facilities

§ 2153b - Export policies relating to peaceful nuclear activities and international nuclear trade

§ 2153c - Renegotiation of agreements for cooperation

§ 2153d - Authority to continue agreements for cooperation entered into prior to March 10, 1978

§ 2153e - Protection of environment

42 U.S. Code § 2031, 2032 - Repealed.

§ 2153f - Savings clause; Nuclear Non-Proliferation Act of 1978

§ 2154 - International atomic pool

§ 2155 - Export licensing procedures

§ 2155a - Regulations establishing Commission procedures covering grant, suspension, revocation, or amendment of nuclear export licenses or exemptions

§ 2156 - Criteria governing United States nuclear exports

§ 2156a - Regulations establishing levels of physical security to protect facilities and material

§ 2157 - Additional export criterion and procedures

§ 2158 - Conduct resulting in termination of nuclear exports

§ 2159 - Congressional review procedures

§ 2160 - Subsequent arrangements

§ 2160a - Review of Nuclear Proliferation Assessment Statements

§ 2160b - Authority to suspend nuclear cooperation with nations which have not ratified the Convention on the Physical Security of Nuclear Material

§ 2160c - Consultation with Department of Defense concerning certain exports and subsequent arrangements

§ 2160d - Further restrictions on exports

§ 2161 - Policy of Commission

§ 2162 - Classification and declassification of Restricted Data

§ 2163 - Access to Restricted Data

§ 2164 - International cooperation

§ 2165 - Security restrictions

§ 2166 - Applicability of other laws

§ 2167 - Safeguards information

§ 2168 - Dissemination of unclassified information

§ 2169 - Fingerprinting for criminal history record checks

§ 2181 - Inventions relating to atomic weapons, and filing of reports

§ 2182 - Inventions conceived during Commission contracts; ownership; waiver; hearings

§ 2183 - Nonmilitary utilization

§ 2184 - Injunctions; measure of damages

§ 2185 - Prior art

§ 2186 - Commission patent licenses

§ 2187 - Compensation, awards, and royalties

§ 2188 - Monopolistic use of patents

§ 2189 - Federally financed research

§ 2190 - Saving clause for prior patent applications

§ 2201 - General duties of Commission

§ 2201a - Use of firearms by security personnel

§ 2202 - Contracts

§ 2203 - Advisory committees

§ 2204 - Electric utility contracts; authority to enter into; cancellation; submission to Energy Committees

§ 2204a - Fission product contracts

§ 2205 - Contract practices

§ 2205a - Repealed.

§ 2206 - Comptroller General audit

§ 2207 - Claim settlements; reports to Congress

§ 2208 - Payments in lieu of taxes

§ 2209 - Subsidies

§ 2210 - Indemnification and limitation of liability

§ 2210a - Conflicts of interest relating to contracts and other arrangements

§ 2210b - Uranium supply

§ 2210c - Elimination of pension offset for certain rehired Federal retirees

§ 2210d - Security evaluations

§ 2210e - Design basis threat rulemaking

§ 2210f - Recruitment tools

§ 2210g - Expenses authorized to be paid by the Commission

§ 2210h - Radiation source protection

§ 2210i - Secure transfer of nuclear materials

§ 2211 - Payment of claims or judgments for damage resulting from nuclear incident involving nuclear reactor of United States warship; exception; terms and conditions

§ 2212 - Transferred

§ 2213 - Repealed.

§ 2214 - NRC user fees and annual charges

§ 2221 - Just compensation for requisitioned property

§ 2222 - Condemnation of real property

§ 2223 - Patent application disclosures

§ 2224 - Attorney General approval of title

§ 2231 - Applicability of administrative procedure provisions; definitions

§ 2232 - License applications

§ 2233 - Terms of licenses

§ 2234 - Inalienability of licenses

§ 2235 - Construction permits and operating licenses

§ 2236 - Revocation of licenses

§ 2237 - Modification of license

§ 2238 - Continued operation of facilities

§ 2239 - Hearings and judicial review

§ 2240 - Licensee incident reports as evidence

§ 2241 - Atomic safety and licensing boards; establishment; membership; functions; compensation

§ 2242 - Temporary operating license

§ 2243 - Licensing of uranium enrichment facilities

§ 2251 to 2257 - Repealed. Aug. 1, 1946, ch. 724, title I,

§ 2258 - Joint Committee on Atomic Energy abolished

§ 2259 - Information and assistance to Congressional committees

§ 2271 - General provisions

§ 2272 - Violation of specific sections

§ 2273 - Violation of sections

§ 2274 - Communication of Restricted Data

§ 2275 - Receipt of Restricted Data

§ 2276 - Tampering with Restricted Data

§ 2277 - Disclosure of Restricted Data

§ 2278 - Statute of limitations

§ 2278a - Trespass on Commission installations

§ 2278b - Photographing, etc., of Commission installations; penalty

§ 2279 - Applicability of other laws

§ 2280 - Injunction proceedings

§ 2281 - Contempt proceedings

§ 2282 - Civil penalties

§ 2282a - Civil monetary penalties for violation of Department of Energy safety regulations

§ 2282b - Civil monetary penalties for violations of Department of Energy regulations regarding security of classified or sensitive information or data

§ 2282c - Worker health and safety rules for Department of Energy nuclear facilities

§ 2283 - Protection of nuclear inspectors

§ 2284 - Sabotage of nuclear facilities or fuel

§ 2286 - Establishment

§ 2286a - Mission and functions of Board

§ 2286b - Powers of Board

§ 2286c - Responsibilities of Secretary of Energy

§ 2286d - Board recommendations

§ 2286e - Reports

§ 2286f - Judicial review

§ 2286g - “Department of Energy defense nuclear facility” defined

§ 2286h - Contract authority subject to appropriations

42 U.S. Code § 2251 to 2257 - Repealed. Aug. 1, 1946, ch. 724, title I,

§ 2286i - Annual authorization of appropriations

§ 2286j - Procurement of inspector general services

§ 2291 - Definitions

§ 2292 - Authorization of appropriations for research and development program; authority to enter into contracts; period of contracts; equivalent amounts for research and development program

§ 2293 - Omitted

§ 2294 - Authorization for sale or lease of uranium and plutonium; amounts; lien for nonpayment; uranium enrichment services

§ 2295 - Acquisition of nuclear materials

§ 2296 - Nonliability of United States; indemnification

§ 10101 - Definitions

§ 10102 - Separability

§ 10103 - Territories and possessions

§ 10104 - Ocean disposal

§ 10105 - Limitation on spending authority

§ 10106 - Protection of classified national security information

§ 10107 - Applicability to atomic energy defense activities

§ 10108 - Applicability to transportation

§ 10121 - State and affected Indian tribe participation in development of proposed repositories for defense waste

§ 10131 - Findings and purposes

§ 10132 - Recommendation of candidate sites for site characterization

§ 10133 - Site characterization

§ 10134 - Site approval and construction authorization

§ 10135 - Review of repository site selection

§ 10136 - Participation of States

§ 10137 - Consultation with States and affected Indian tribes

§ 10138 - Participation of Indian tribes

§ 10139 - Judicial review of agency actions

§ 10140 - Expedited authorizations

§ 10141 - Certain standards and criteria

§ 10142 - Disposal of spent nuclear fuel

§ 10143 - Title to material

§ 10144 - Consideration of effect of acquisition of water rights

§ 10145 - Termination of certain provisions

§ 10151 - Findings and purposes

§ 10152 - Available capacity for interim storage of spent nuclear fuel

§ 10153 - Interim at-reactor storage

§ 10154 - Licensing of facility expansions and transshipments

§ 10155 - Storage of spent nuclear fuel

§ 10156 - Interim Storage Fund

§ 10157 - Transportation

§ 10161 - Monitored retrievable storage

§ 10162 - Authorization of monitored retrievable storage

§ 10163 - Monitored Retrievable Storage Commission

§ 10164 - Survey

§ 10165 - Site selection

§ 10166 - Notice of disapproval

§ 10167 - Benefits agreement

§ 10168 - Construction authorization

§ 10169 - Financial assistance

§ 10171 - Financial arrangements for low-level radioactive waste site closure

§ 10172 - Selection of Yucca Mountain site

§ 10172a - Siting a second repository

§ 10173 - Benefits agreements

§ 10173a - Content of agreements

§ 10173b - Review Panel

§ 10173c - Termination

§ 10174 - Consideration in siting facilities

§ 10174a - Report

§ 10175 - Transportation

§ 10191 - Purpose

§ 10192 - Applicability

§ 10193 - Identification of sites

§ 10194 - Siting research and related activities

§ 10195 - Test and evaluation facility siting review and reports

§ 10196 - Federal agency actions

§ 10197 - Research and development on disposal of high-level radioactive waste

§ 10198 - Research and development on spent nuclear fuel

§ 10199 - Payments to States and Indian tribes

§ 10200 - Study of research and development needs for monitored retrievable storage proposal

§ 10201 - Judicial review

§ 10202 - Research on alternatives for permanent disposal of high-level radioactive waste

§ 10203 - Technical assistance to non-nuclear weapon states in field of spent fuel storage and disposal

§ 10204 - Subseabed disposal

§ 10221 - Mission plan

§ 10222 - Nuclear Waste Fund

§ 10223 - Alternative means of financing

§ 10224 - Office of Civilian Radioactive Waste Management

§ 10225 - Location of test and evaluation facility

§ 10226 - Nuclear Regulatory Commission training authorization

§ 10241 - “State” defined

§ 10242 - Office of Nuclear Waste Negotiator

§ 10243 - Duties of Negotiator

§ 10244 - Environmental assessment of sites

§ 10245 - Site characterization; licensing

§ 10246 - Monitored retrievable storage

§ 10247 - Environmental impact statement

§ 10248 - Administrative powers of Negotiator

§ 10249 - Cooperation of other departments and agencies

§ 10250 - Termination of Office

§ 10251 - Authorization of appropriations

§ 10261 - Definitions

§ 10262 - Nuclear Waste Technical Review Board

§ 10263 - Functions

§ 10264 - Investigatory powers

§ 10265 - Compensation of members

§ 10266 - Staff

§ 10267 - Support services

§ 10268 - Report

§ 10269 - Authorization of appropriations

§ 10270 - Termination of Board

Statutes at Large
Presidential Documents

Reorganization ... 1970 Plan No. 3