---
kind: "section"
citation: "40 C.F.R. § 194.61"
title: "40"
number: "194.61"
heading: "Advance notice of proposed rulemaking for certification."
url: "https://uscodex.org/cfr/40/194.61"
---

# §194.61. Advance notice of proposed rulemaking for certification.

- (a) Upon receipt of a compliance application submitted pursuant to [section 8(d)(1)](/cfr/40/8.md?p=d-1) of the WIPP LWA and [§ 194.11](/cfr/40/194.11.md), 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](/cfr/40/194.67.md).
- (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)](#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](/cfr/40/194.67.md).
- (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.

## Notes

### Authority

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.

### Source

Source: 61 FR 5235, Feb. 9, 1996, unless otherwise noted.