PUBLIC LAW 102-579—OCT. 30, 1992 106 STAT. 4783 tory retrieval of all transuranic waste emplaced during the test phase from WIPP should retrieval of such waste be required. (3) RULEMAKING PROCEDURE. —The Administrator shall conduct the rulemaking required in paragraph (1) under section 553 of title 5, United States Code, except that sections 556 and 557 of such title sheill not apply. (4) CONSEQUENCES OF APPROVAL, — If the Administrator approves the test phase plan, in whole or in part, and the retrieval plan under this subsection, the Secretary may immediately proceed with test phase activities to the extent they have been approved in the rule described in paragraph (3) and to the extent the requirements of section 6(b) have been met. (e) RECONSIDERATION OF DISAPPROVED PLANS.— I f any plan, or portion of a plan, is not approved under subsection (d), the Secretary may submit a revised plan, or portion, to the Administrator. Such revised plan, or portion, shall be considered in accordance with the procedures applicable under such subsection, except that final action shall be completed within 3 months of submission to the Administrator. (f) MODIFICATIONS TO TEST PHASE PLAN OR RETRIEVAL PLAN.— The Secretary may submit modifications to the test phase plan or retrieval plan. Such modifications shall be considered in accordance with the procedures applicable under subsection (d), except that final action shall be completed within 3 months of submission to the Administrator. SEC. 6. TEST PHASE ACTiyiTIES. (a) GENERAL AUTHORITY. —The Secretary is authorized, subject to subsections (b) and (c), to conduct test phase activities in accordance with the test phase plem. (b) REQUIREMENTS FOR COMMENCEMENT OF TEST PHASE ACTIVI- TIES. —The Secretary may not transport any transuranic waste to WIPP to conduct test phase activities under subsection (a) unless the following requirements are met: (1) FINAL DISPOSAL REGULATIONS ISSUED.— The final dis- Federal posal regulations are issued and published in the Federal Reg- *^f|?*®r' ister under section 8(b). (2) TERMS OF NO-MIGRATION DETERMINATION COMPLIED WITH. —The Administrator has determined that the Secretary has complied with the terms and conditions of the No-Migration Determination. The determination of the Administrator under this paragraph shall not be subject to rulemaking or judicial review. (3) TEST PHASE AND RETRIEVAL PLANS APPROVED.—The Secretary has issued, and the Administrator has approved, the test phase plan and the retrieval plan under section 5. (4) EMERGENCY RESPONSE TRAINING.— (A) REVIEW. —The Secretary of Labor, acting through the Occupation£d Safety and Health Administration, has reviewed the emergency response training programs of the Department of Energy that apply to WIPP. (B) CERTIFICATION.—The Secretary of Labor, acting through the Occupational Safety and Health Administration, has certified that the Department of Labor has reviewed emergency response training programs of the 59-194 O—93 8:QL3(Pt.6)
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