United States
Environmental Protection
Agency
Air And Radiation
(6602J)
JEPA402-F92-002
December 1992
&EPA Environmental Fact Sheet
ERA'S Role Under The Waste
Isolation Pilot Plant Lcind
Withdrawal Act
BACKGROUND
On October 30,1992 the President signed into
law the Waste Isolation Pilot Plant (WIPP) Land
Withdrawal Act. The Act requires EPA to
oversee the Department of Energy's (DOE)
activities at the WIPP. The WIPP is a potential
disposal facility for transuranic (TRU) radioactive
waste under development by the Department Of
Energy (DOE) in southeastern New Mexico.
Transuranic wastes are long-lived radioactive
wastes generated as by-products from nuclear
weapons production. The WIPP is being tested
to see if it can provide safe, long-term disposal
of these wastes.
The Act provides an extensive role for the
U.S. Environmental Protection Agency (EPA) in
reviewing and approving of many of DOE's
activities at the plant and in ensuring compliance
with all Federal environmental laws and
regulations. In implementing its new
responsibilities, EPA plans to use the best
available scientific and technical data and will
conduct open public processes.
The new law requires EPA to issue final
radioactive waste disposal standards and
develop criteria for certifying whether or not the
WIPP complies with those standards. EPA must
also review and approve of DOE's WIPP test and
retrieval plans prior to transport of any TRU
wastes there for testing purposes. Before DOE
begins actual disposal operations, EPA will have
to certify that the WIPP complies with the
radiological waste disposal standards. In
addition, EPA will have to determine, on an
ongoing basis, whether DOE is complying with
the disposal standards as well as with all the
Federal environmental laws, regulations, and
permit requirements which are applicable to the
WIPP.
THE TEST PHASE
Because of uncertainties related to the long-
term performance of the WIPP repository, DOE
is proposing to conduct a series of underground
storage tests with limited amounts of radioactive
waste. According to DOE, data derived from
these tests will be used to help determine
whether the plant complies with EPA radioactive
and hazardous waste disposal standards. Given
the provisions of the *iew law, the test phase
should not last longer than 10 years.
r
Under the Act, the test phase cannot begin
until EPA: ,
• Publishes final radioactive waste disposal
standards (by April, 1993);
• Determines that DOE has complied with the
terms and conditions of the hazardous waste
"No-Migration Determination" published by EPA
on November 14,1990. That determination states
that, subject to several conditions on placement
of waste, DOE may put a limited amount of
waste in the WIPP for testing.
• Reviews DOE's plan for test phase activities
and approves the plan., in whole or in part, by
August 1993; EPA will approve the tests and
experiments described in the plan if they will
provide data that are directly relevant to
determining compliance with EPA's regulatory
standards, and
• Reviews DOE's plan for the removal of the
TRU waste stored at the WIPP during the test
phase; EPA will approve this plan by August
1993 if it assures that wastes placed in the plant
during the test phase can be safely retrieved
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in the event retrieval is required. (For example,
retrieval would be required if DOE could not
demonstrate that the plant would comply with
EPA's radioactive waste disposal standards.)
Every two years throughout the test phase
DOE must submit documentation to EPA to
demonstrate compliance with all applicable
federal environmental laws and regulations.
EPA must review this documentation to certify
compliance. EPA must also make annual
determinations of waste retrievability throughout
the test phase based on DOE information and
demonstrations. In addition, EPA must review
and comment on biennial reports prepared by
DOE assessing the performance of the WIPP.
THE DISPOSAL PHASE
The actual disposal phase of the WIPP project
cannot begin until 1) the tests are completed, 2)
EPA issues a "no-migration determination" for
the disposal phase, and 3) EPA makes a
determination that WIPP will comply with the
radioactive waste disposal standards. The Act
requires EPA to issue its final radioactive waste
disposal standards by April, 1993, and issue final
criteria for determining compliance with the
standards by October, 1994. DOE must submit
an application for certification of compliance
within seven years of the date of the first receipt
of radioactive waste for tests at the WIPP. EPA
then has one year to certify that the WIPP
facility complies with the disposal standards.
DOE must verify and EPA must recertify
compliance every five years.
Also, throughout the disposal phase, as in the
test phase, the Agency must make biannual
determinations of compliance with applicable
environmental laws and regulations based on
information provided by DOE and
demonstrations performed by DOE.
EPA'S IMPLEMENTATION
STRATEGY
EPA is developing its strategy for
implementing its new responsibilities under the
WIPP Land Withdrawal Act. An important part
of EPA's strategy will be to maintain open
lines of communication with the public, interest
groups, and governmental organizations in
carrying out its WIPP oversight mission. Also,
the Agency will use the best available scientific
and technical data in making its decisions on the
WIPP.
The Office of Radiation and Indoor Air
(ORIA) is coordinating most of EPA's actions
under the new Act. The Office of Solid Waste
(OSW) and EPA's regional office in Dallas,
Texas, have a large role to play in ensuring
compliance with hazardous waste regulations
promulgated under the Resource Conservation
and Recovery Act (RCRA). One of the roles of
EPA's regional office is to perform liaison
activities between EPA Headquarters arid State,
Indian, and local governments. Additional roles
include outreach and enforcement. The regional
office will carry out these functions for EPA's
WIPP oversight program.
INFORMATION CONTACT
Additional copies of the Fact Sheet may be
requested from:
Policy & Public Information Section
USEPA, Office of Radiation and Indoor Air
Mail code 6602-J
401 M St., SW
Washington, DC 20460 \
For information on upcoming EPA public
meetings and hearings on the WIPP, please call
EPA's prerecorded WIPP Information Line at
(202)' 233-9716. :
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