106 STAT. 4790 PUBLIC LAW 102-579 —OCT. 30, 1992 Federal Register, publication. ^ (A) the Secretary or the Administrator determines that WIPP does not comply with the final disposal regulations; (B) the transuranic waste needs to be retrieved for engineering modification or for repackaging for permanent disposal; or (C) such retrieval is necessary to protect the public health and safety and the environment. (2) ANNUAL DETERMINATION OF RETRIEVABILITY. —Beginning 1 year after the initial emplacement of transuranic waste underground at WIPP, and continuing annually throughout the test phase, the Secretary, after consultation with the Administrator, shall publish in the Federal Register the Secretary's determination of whether all such waste emplaced underground at WIPP remains, and will remain, fully retrievable during the test phase. (3) ANNUAL DEMONSTRATION OF RETRIEVABILITY. —The Secretary shall demonstrate, on an annual basis, in conjunction with the determination required in paragraph (2), that a sample of transuranic waste is retrievable. In making such demonstration, the Secretary shall not take any action to affect the test phase. (4) FAILURE TO MAINTAIN RETRIEVABILITY. —Upon a determination by the Secretary under paragraph (2) that transuranic waste cannot remain retrievable, and that corrective action is not possible, the Administrator and the State may, pursuant to the authorities provided in the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or any other applicable hazardous waste law, take action to ensure the retrieval or removal of all transuranic waste in WIPP. (b) IMPLEMENTATION OF RETRIEVAL PLAN. —The Secretary shall implement the retrieval plan or take corrective action to ensure the retrievability of transuranic waste in the event that a determination is made under subsection (a)(2) that the waste is not or will not otherwise remain retrievable. (c) CONFLICT RESOLUTION. — The State may invoke the conflict resolution provisions of the Agreement if it determines that there is an insufficient basis for the Secretary's annual determination of retrievability or that the demonstration of retrievability does not ensure that transuranic waste will be retrievable. SEC. 11. MINE SAFETY. (a) MINE SAFETY AND HEALTH ADMINISTRATION.—The Mine Safety and Hegdth Administration of the Department of Labor shall inspect WIPP not less than 4 times each year and in the same manner as it evaluates mine sites under the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), and shall provide the results of its inspections to the Secretary, The Secretary shall make the results of such inspections publicly available and shall take necessary actions to ensure the prompt and effective correction of any deficiency, including suspending specific activities as necessary to address identified health and safety deficiencies. (b) BUREAU OF MINES. —The Bureau of Mines of the Department of the Interior shall prepare an annual evaluation of the safety ofWIPP.
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