[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: 40CFR194.43]

[Page 53-54]
 
                   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. 194.43  Passive institutional controls.

    (a) Any compliance application shall include detailed descriptions 
of the

[[Page 54]]

measures that will be employed to preserve knowledge about the location, 
design, and contents of the disposal system. Such measures shall 
include:
    (1) Identification of the controlled area by markers that have been 
designed and will be fabricated and emplaced to be as permanent as 
practicable;
    (2) Placement of records in the archives and land record systems of 
local, State, and Federal governments, and international archives, that 
would likely be consulted by individuals in search of unexploited 
resources. Such records shall identify:
    (i) The location of the controlled area and the disposal system;
    (ii) The design of the disposal system;
    (iii) The nature and hazard of the waste;
    (iv) Geologic, geochemical, hydrologic, and other site data 
pertinent to the containment of waste in the disposal system, or the 
location of such information; and
    (v) The results of tests, experiments, and other analyses relating 
to backfill of excavated areas, shaft sealing, waste interaction with 
the disposal system, and other tests, experiments, or analyses pertinent 
to the containment of waste in the disposal system, or the location of 
such information.
    (3) Other passive institutional controls practicable to indicate the 
dangers of the waste and its location.
    (b) Any compliance application shall include the period of time 
passive institutional controls are expected to endure and be understood.
    (c) The Administrator may allow the Department to assume passive 
institutional control credit, in the form of reduced likelihood of human 
intrusion, if the Department demonstrates in the compliance application 
that such credit is justified because the passive institutional controls 
are expected to endure and be understood by potential intruders for the 
time period approved by the Administrator. Such credit, or a smaller 
credit as determined by the Administrator, cannot be used for more than 
several hundred years and may decrease over time. In no case, however, 
shall passive institutional controls be assumed to eliminate the 
likelihood of human intrusion entirely.