&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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