40 CFR § 194.61 - Advance notice of proposed rulemaking for certification.

---
identifier: "/us/cfr/t40/s194.61"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 194.61 - Advance notice of proposed rulemaking for certification."
title_number: 40
title_name: "Protection of Environment"
section_number: "194.61"
section_name: "Advance notice of proposed rulemaking for certification."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "F"
subchapter_name: "RADIATION PROTECTION PROGRAMS"
part_number: "194"
part_name: "CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL REGULATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Pub. L. 102-579, 106 Stat. 4777, as amended by Pub. L. 104-201,110 Stat. 2422; Reorganization Plan No. 3 of 1970, 35 FR 15623, Oct. 6, 1970, 5 U.S.C. app. 1; Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011-2296 and 10101-10270."
regulatory_source: "61 FR 5235, Feb. 9, 1996, unless otherwise noted."
cfr_part: "194"
---


# 194.61 Advance notice of proposed rulemaking for certification.

(a) Upon receipt of a compliance application submitted pursuant to section 8(d)(1) of the WIPP LWA and § 194.11, the Agency will publish in the *Federal Register* an Advance Notice of Proposed Rulemaking announcing that a compliance application has been received, soliciting comment on such application, and announcing the Agency's intent to conduct a rulemaking to certify whether the WIPP facility will comply with the disposal regulations.

(b) A copy of the compliance application will be made available for inspection in Agency dockets established pursuant to § 194.67.

(c) The notice will provide a public comment period of 120 days.

(d) A public hearing concerning the notice will be held if a written request is received by the Administrator or the Administrator's authorized representative within 30 calendar days of the date of publication pursuant to paragraph (a) of this section.

(e) Any comments received on the notice will be made available for inspection in the dockets established pursuant to § 194.67.

(f) Any comments received on the notice will be provided to the Department and the Department may submit to the Agency written responses to the comments.