[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR194.32]

[Page 51]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 194_CRITERIA FOR THE CERTIFICATION AND RE-CERTIFICATION OF THE WASTE 
ISOLATION PILOT PLANT'S COMPLIANCE WITH THE 40 CFR PART 191 DISPOSAL 
REGULATIONS--Table of Contents
 
         Subpart C_Compliance Certification and Re-certification
 
Sec. 194.32  Scope of performance assessments.

    (a) Performance assessments shall consider natural processes and 
events, mining, deep drilling, and shallow drilling that may affect the 
disposal system during the regulatory time frame.
    (b) Assessments of mining effects may be limited to changes in the 
hydraulic conductivity of the hydrogeologic units of the disposal system 
from excavation mining for natural resources. Mining shall be assumed to 
occur with a one in 100 probability in each century of the regulatory 
time frame. Performance assessments shall assume that mineral deposits 
of those resources, similar in quality and type to those resources 
currently extracted from the Delaware Basin, will be completely removed 
from the controlled area during the century in which such mining is 
randomly calculated to occur. Complete removal of such mineral resources 
shall be assumed to occur only once during the regulatory time frame.
    (c) Performance assessments shall include an analysis of the effects 
on the disposal system of any activities that occur in the vicinity of 
the disposal system prior to disposal and are expected to occur in the 
vicinity of the disposal system soon after disposal. Such activities 
shall include, but shall not be limited to, existing boreholes and the 
development of any existing leases that can be reasonably expected to be 
developed in the near future, including boreholes and leases that may be 
used for fluid injection activities.
    (d) Performance assessments need not consider processes and events 
that have less than one chance in 10,000 of occurring over 10,000 years.
    (e) Any compliance application(s) shall include information which:
    (1) Identifies all potential processes, events or sequences and 
combinations of processes and events that may occur during the 
regulatory time frame and may affect the disposal system;
    (2) Identifies the processes, events or sequences and combinations 
of processes and events included in performance assessments; and
    (3) Documents why any processes, events or sequences and 
combinations of processes and events identified pursuant to paragraph 
(e)(1) of this section were not included in performance assessment 
results provided in any compliance application.