&EPA
Radiation
En viro.n mental BrdtJcttoo
Agency
(6602J)
EPA 402-F-93-OV2
December 1993
EPA's Revised Activities
Regarding The Waste Isolation
Pilot Plant
Background
October 30, 1992, the President signed into law the Waste
Isolation Puot Plant (WIPP) Land Withdrawal Act. The Act
requires the U.S. Environmental Protection Agency (EPA) to. ,
oversee many of 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
DOE in southeastern New Mexico. TRU wastes are long-lived
radioactive wastes generated as by-products from nuclear
weapons production." The WIPP is being designed to provide
safe, long-term disposal of these wastes.
The Act .provides an extensive role for EPA in reviewing
and approving of many of DOE's activities at the facility and in
ensuring compliance with all Federal environmental laws and
regulations. EPA must issue final radioactive waste disposal
standards and develop criteria for certifying whether or not the
WIPP complies with those standards. EPA will have to.certify
that the WIPP complies with the radioactive waste, disposal
standards before DOE is permitted to begin actual: disposal
operations. In addition, EPA must determine, on an ongoing
basis, whether DOE is continuing to comply with the disposal
standards as well as with all the Federal environmental laws,
regulations, and permit requirements which are applicable to the
WIPP. In particular, DOE must demonstrate that the WIPP
complies with the Clean Air Act; the Comprehensive
Environmental Response, Compensation, and Liability Act; the
Solid Waste Disposal Act; the Safe Drinking Water Act; and the
Resource Conservation and Recovery Act.
The Revised Test Phase
EPA's responsibilities under the new Act included reviewing
and approving of DOE's plan for testing radioactive waste at
the WIPP. However, in October 1993, DOE announced its
decision to conduct all tests using radioactive wastes at its
laboratories rather than at the WIPP facility. Because of this
decision, EPA will no longer have to formally review and
approve or disapprove the test plan. EPA will, however, review
and comment on DOE's revised test plan which contains
descriptions of all experiments DOE will perform at its
laboratories and at WIPP to learn more about the performance
of the facility., .
Final Radioactive Waste Disposal Standards
On December 3, 1993, EPA issued final amendments to its
radioactive waste disposal standards. The amendments address
the individual and ground-water protection requirements in the,
standards.. The other portions of the standards were not
amended. The individual protection requirements were amended
to require an extension of Ihe time-frame over which the
repository must demonstrate compliance. The amended standard
requires that the waste disposal system be designed to limit the-
-amount of radiation to;which an individual can be exposed for
10,000 years rather than for 1,000 years as was required in the >
original standard. The final ground-water protection
requirements require that disposal systems be designed so that,
for 10,000 years after waste disposal, contaminat: sn in off-site
underground sources of drinking water will not exceed the
maximum contaminant level for radionuclldes established by the
EPA under the Safe Drinking Water Act.
Compliance Criteria
As required by the Aci, EPA is developing compliance criteria
for the radioactive waste disposal standards in preparation for
the receipt of DOE's application for a certification of
compliance with EPA's radioactive waste disposal standards.
EPA will develop criteria, through rulemaking (formal
regulation development), for demonstrating compliance with the
radioactive waste disposal standards and compliance with the
Resource Conservation and Recovery Act. EPA will also
review DOE's performance assessments and draft certification
applications, which will provide a basis for its application for
certification of the facility's compliance. The-performance
assessment is an important part of DOE's compliance
application, because it contains information projecting the WIPP
facility's performance over the next 10,000 years. The review
process will provide I>OE with an early indication of areas
requiring additional research and information.
The Disposal Phaise
The actual disposal phase of the WIPP project cannot begin
unless 1) EPA makes a determination under the Resource
Conservation and Recovery Act that hazardous wastes wilKnot
migrate from the site (a "no-migration determination") and
2) EPA makes a deteirmination that WTPP will comply with the
radioactive waste disposal standards. When DOE submits its
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application for certification of compliance with the radioactive
waste standards, EPA has one year to, make the compliance
determination, although the Administrator can extend that period
by up to an additional two years. If EPA certifies that the
facility complies, DOE can begin to'dispose of waste at the
WIPP as long as all other regulatory requirements are met. If
this occurs, the WIPP will be subject to continued oversight.
DOE will be required to submit documentation demonstrating
continued compliance with disposal standards, and EPA will
have to recertify the WIPP every five years until the facility is
closed. Every year throughout the disposal phase, DOE must
also demonstrate compliance with all applicable environmental
laws and, including the regulations governing the management
and itorage of radioactive waste.
Communications/Consultation
EPA's goal in carrying out its WIPP oversight responsibilities is
to ensure the protection of human health and the environment.
EPA will use the best available scientific and technical data in
making its decisions 'on the WEPP. EPA is committed to
maintaining open lines of communication with the public.
interest groups, and governmental organizations as it carries out
its WIPP oversight mission. The Agency will hold public
meetings and hearings on rulemakings and other important
decisions regarding the WIPP. The Agency will also continue
to prepare public information materials describing its WIPP
activities. ,
EPA will consult frequently with DOE, the State of New
Mexico, affected local governments, and public interest groups.
To assist the Agency in implementation of the WIPP Land
Withdrawal Act, EPA established the WIPP Review Committee
as a subcommittee of the National Advisory Council for
Environmental Policy and Technology (NACEPT). The
committee has twelve members who are independent experts
from academic institutions, state government, environmental
groups, industry, and nonprofit organizations. The committee
will advise the EPA Administrator on policy and technical
matters including: the development of compliance criteria, the
compliance determination, and other issues related to EPA's
oversight of the WIPP. All of *he committee meetings are open
'to the public.
EPA Management
The Office of Radiation and Indoor Air (ORIA) is coordinating
most of EPA's actions under the new Act. It will lead EPA's
effort to i..uke the determination of compliance with the
radioactive waste disposal standards.; The Office of Solid Waste
(OSW), the Office of General Counsel (OGC), and EPA's
Region VI 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. The Region VI office will also be responsible for assuring
that the WIPP facility complies with all of the applicable
environmental laws and regulations other than the radioactive
waste disposal standards.
Information Contact
1 ' '
For additional information about EPA's role, write to:
Policy & Public Information Section ,
USEPA, Office of Radiation and Indoor Air
Mailcode 6602-J
401 MSt., SW
' Washington, DC 20460 , ,
For information on EPA public meetings, hearings, publications,
and other important activities, please call EPA's recorded toll-
free WIPP Information Line
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