Page:United States Statutes at Large Volume 106 Part 6.djvu/226

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106 STAT. 4784 PUBLIC LAW 102-579—OCT. 30, 1992 Department of Energy that apply to WIPP and has concurred that such programs are in compliance with part 1910.120 of title 29, Code of Federal Regulations. Such certification shall not be subject to rulemaking or judicial review. (5) CERTIFICATION OF SAFETY.— The Secretary has certified, through the issuance of safety analysis documents, that the safety of test phase activities to be completed at WIPP can be ensured through procedures that would not compromise the type, quantity, or quality of data collected from such test phase activities. Such certification shall not be subject to rulemaking or judicial review. (6) STABILITY OF ROOMS USED FOR TESTING.— The Secretary of Energy shall issue a plan to ensure that the mined rooms in the underground repository at WIPP in which transuranic waste may be emplaced will remain sufficiently stable and safe to permit uninterrupted testing for the duration of such activities. The Secretary of Labor, acting through the Mine Safety and Health Administration, shall review such plan and concur that the plan ensures that the mined rooms in the underground repository at WIPP in which transuranic waste may be emplaced will remain sufficiently stable and safe to permit uninterrupted testing for the duration of such activities. Such issuance and concurrence shall not be subject to rulemaking or judicial review. (c) LIMITATIONS.— Test phase activities conducted under subsection (a) shall be subject to the following limitations: (1) QUANTITY OF WASTE THAT MAY BE TRANSPORTED.— During the test phase, the Secretary may transport to WIPP— (A) only such quantities of transuranic waste as the Administrator has approved for test phase activities under section 5; and (B) in no event more than V2 of 1 percent of the total capacity of WIPP as described in section 7(a)(3). (2) REMOTE-HANDLED WASTE. — (A) TRANSPORTATION AND EMPLACEMENT.—The Secretary may not transport to or emplace remote-handled transuranic waste at WIPP during the test phase, (B) STUDY.— . ,. (i) IN GENERAL. —Within 3 years Eifter the date of the enactment of this Act, the Secretary shall complete a study on remote-handled transuranic waste in consultation with affected States, the Administrator, and after the solicitation of views of other interested parties. (ii) REQUIREMENTS OF STUDY.— Such study shall include an analysis of the impact of remote-handled transuranic waste on the performance assessment of WIPP and a comparison of remote-handled transuranic waste with contact-handled transuranic waste on such issues as gas generation, flammability, explosiveness, solubility, and brine and geochemical interactions. Federal (iii) PUBLICATION.— The Secretary shall publish the ^^bi^^t' findings of such study in the Federal Register. puD ica ion. ^^^ PERFORMANCE ASSESSMENT REPORT. — (1) IN GENERAL. —The Secretary shall publish, during the test phase, a biennial performance assessment report, consist-