&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 ------- 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 ------- |