United States
                Environmental Protection
                Agency
Air and Radiation
(6602J)
402-K-93-009
July 1994
*EPA        EPAandtheWIPP
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 A Commitment to Protect
 A Coftwtitcaent to Communicate and Consult
       »w wjJJ the United States dispose of its nuclear
                      ' -— mw being taken to determine
    ^\\se Isolation Pilot Plant (WIPP) will
   ^i^^'nation's first underground disposal site for
                    waste generated by the defense
       f tihwy years, the question of how to safety dispose
       eitf. waste, fais been debated, A disposal approach
       ;;;',r.™!l"".""'!"."i'/' '«»-•» - .............   '"                •*•      •* •*•
                    <*Sree on because nuclear waste
                    and potentially harmful to humans
                      or thousands of years. Responsible
                    waste requires a long-tenn approach
                       public exposure to it  The
            of Energy (DOE) is now investigating the
           yfdWP S€- >'*
      will base its decisions on the
   Sest available scientific and  5
' , technical data while recogniaJig
   thatuncerJEainties about $e „,
   ^'^m^mimm^m    -
   always exist.
      .010»
                        . * /
                       EPA recognizes the important roles
                       played by the state and local  *
                   ;LJ^ governments, oftizen and-
                    ,^, environmental groups, indusfayi '
                      "and other federal agencies.The
                      ,; Agency commits to conduptmg an
                       1)pefi public,process that includes
                       interaction with these groups and
                       other interested parties.
                   'l\» SlPJ wjl establish and meet
                       commitments to implement the
                         nset with its tegal authorit/.

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EPA AND THE WiPP
WIPP-A Potential Disposal Site for
Transuranic Waste and Transuranic Mixed Waste
       The WIPP is being studied as a potential
    repository for the disposal of transuranic waste
    and transuranic mixed waste. Transuranic
    waste is a type of nuclear waste that is gener-
    ated during the manufacture of nuclear
    weapons. Much of the waste destined for dis-
    posal at the WIPP is in the form of transuranic
    mixed waste, which is a combination of
    transuranic wasteland hazardous chemical or
    metal components. The waste
    targeted for disposal at the
    WIPP has been produced since
    1970 and is currently being
    stored above ground or just
    below the surface at various
    DOE sites across the country.
     _There are two types of
    transuranic waste—"contact-
    handled" and "remote-
    handled." Contact-handled
    waste emits radioactive parti-
    cles which are dangerous if
    inhaled or ingested. Workers
    can handle the canisters that
    hold the waste but must wear
    protective gear to avoid inhal-
    ing or ingesting the material.
    Much of the contact-handled
    waste consists of laboratory
    clothing, equipment, and
    sludges that have become contaminated with
    radioactive material during routine operations
    at defense facilities. Remote-handled waste
    emits higher levels of penetrarittgjfadiation
 Most at the nation's transuranic waste
                  and, therefore, must be handled
                  by remotely-operated machines. Only a small
                  portion of the volume of wastes potentially
                  destined for disposal at the WIPP is remote-
                  handled waste. However, this amount would
                  constitute a significant percentage of the total
                  radioactivity of the disposed materials.

                  OVERVIEW OF  THE WHPP PROJECT
                                   Located near Carlsbad,
                                   New Mexico, the WIPP is
                                   the nation's first facility to
                                 research deep geological dis-
                                posal of transuranic waste. At
                                the invitation of local officials,
                                the federal goverpnignt began
                                 \      -£	_-' J _:.   ^If7/7^ If^Mft
                                site investigatiorg'of'the area
                               in 1975. Irri979;;c6ngress   f~
                               authorized conduction of £he
                                      and :^p|!|oke
                               in
                                       g'Srid mahagihg the L
                             ''':facilit|^^;ffie'iTOOuruffiig ''*"
sludges that were
;.  -  routine operations o
                         ey are
                  stable areas th,
       "-•' "l?.te: 't<«s-_Hn. '•lf'~~JiMSi,.~*y!Z&^j' ^
       own as beds,/
          lAcaSemf>
            WapiSm-
  .^^^~,^^~^M^
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EPA AND THE WIPP
     earthquake activity. Second, they usually lack
     underground water sources. And third, they are
     relatively easy to mine and are capable of
     creeping to seal any cracks that might develop
     in the surrounding earth.
       The disposal facility is designed to hold
     approximately 850,000 drums of transuranic or
     transuranic mixed waste. Approximately 97
     percent of the transuranic waste would be con-
     tact-handled waste, which would be placed in
     rooms carved out of the salt rock. According to
     DOE's current plans, the remaining remote-
     handled transuranic waste would be packaged
     in carbon steel cylinders that would be placed
     in holes drilled in disposal room walls. The
     holes would then be plugged and the rooms
     and shafts sealed.
CUTAWAY OF THE WIPP
                  WIPP: THREE  POSSIBLE PHASES
                    There are three possible phases of activity in
                  the WIPP project. In the current and first
                  phase, the Pre-Disposal Phase, DOE is engag-
                  ing in activities to learn about the long-term
                  performance of the WIPP. During this phase,
                  DOE is conducting field studies, laboratory
                  tests, and computer modeling to gain a clearer
                  idea of the WIPP's capability to isolate waste.
                  EPA has  commented on DOE's Experimental
                  Program Plan for data collection.
                    Once  these activities are completed,' DOE
                  must demonstrate that the WIPP will comply
                  with EPA's regulations relating  to radioactive
                  waste disposal and hazardous waste disposal.
                  To demonstrate compliance with hazardous
                  waste rules, DOE may choose to either treat
                  the waste according to specific standards or
                                                                                        Support Building
                                                                                        Exhaust Filter Building
                                                                                        Safety and Emergency
                                                                                        Sen/ices Building
                                                                                        Waste Handling Building
     Surface Salt Storage Area
          Warehouse/Shops
                                                                                        Waste Shaft

                                                                                        Salt Handling Shaft
                    Rock
                    Behavior Area
Circular Brine
Inflow Test Room

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     submit detailed documentation showing that
     the hazardous components of the transuranic
     mixed waste will not migrate from the WIPP
     site for as long as the waste remains haz-
     ardous. If EPA approves both demonstrations
     and if other requirements of the Act are met,
     the second phase, called the Disposal
     Phase, will begin: DOE will start disposal of
     transuranic and transuranic mixed waste at
     the WIPP. Eventually, if requirements con-
     tinue to be met, the third and final phase, or
     Decommissioning Phase, will begin: DOE
     will close the WIPP, backfilling and perma-
     nently sealing the facility.

     EPA's  ROLE AT THE WIPP
       The WIPP Land Withdrawal Act made EPA
     responsible for regulating many of DOE's activ-
     ities concerning the WIPP. The Act makes it
 EPA's Commitment to Protect Public
-Health and the Environment
clear that no waste can be brought to the
WIPP, even for experimental purposes, unless
EPA determines that a variety of public health
and environmental protection requirements
have been satisfied.
  EPA is committed to developing and main-
taining an open communication and consul-
tation process while it fulfills these WIPP reg-
ulatory responsibilities. The Agency is now
working to inform the public about EPA's
responsibilities, soliciting comments on all
proposed regulations and conferring with
scientific, environmental, and civic organiza-
tions, as well as federal, state, and local
government agencies.

       Under the Act, EPA's WIPP-related re-
     sponsibilities fall into two basic categories.
     First, EPA must issue standards to limit radi-
     ation releases to the environment that might
     result from radioactive waste disposal and  r,
     then determine whether the WIPP will meet
     them. Second, EPA must ensure that thet   ,
     facility complies with other applicable federal
           Waste Disposal Area
                                      :•-•#
 environmental laws that protect human
 health and the environment.  _^	

 1. Issuing Radioactive Waste Disposal
 Standards and Certiffing^ontpliance
 or Non-Compliance^
       ^   *   T^^J^^IP^iB^fiS
  In order for DOE^tChdispqserpf transuranic or
    '" '": •       -j ~'~ jpft. S* ",           • -iibv^-A
transuranic mixed waste;,at theWIPP, ^EPA must
                              sfandafcis,,
                              '"•&& • •A»as«s'4 ' ;.
                               icnts that
 certify that the facility'meets '.
 which corjsist of ;# seriesjpf^
 are designed to protect pubUc''neaT£fi.and the
t    " :>s '^   ~'    ',•«' ~'^'*-  ^- "^s^s^-1"'-* • «"*-ii--,Ki'i>?«,'j
                                                                                             'lfc
                                                                                               ^
                                                                                                  -
                                                                          Ef*Ssff>iRr"
    Proposed Excavation

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EPA AND  THE WIPP
     environment from the potential hazards of
     radioactive waste disposal. The Agency issued
     the following requirements in 1985 and
     amended them in December of 1993.
        EPA's Containment Requirements dic-
     tate that waste disposal systems be designed to
     minimize all releases of radionuclides for
     10,000 years. The facility must also meet
     Assurance Requirements, which require
     wastes to be  disposed of in a cautious manner
     that reduces  the likelihood of any radiation
     being released from the facility. The Assurance
     Requirements, for example, require "markers"
     to be placed  around the WIPP to discourage
     people from  disturbing the site. The
     Individual  Protection Requirements
     require that the WIPP be designed to limit the
     amount of radiation to which an individual
     can be exposed. The Ground-Water
     Protection Requirements establish rules
     to protect current and potential under-
     ground.so.urces. oLdrinking_water from_radia-
     tion contamination.
       In order for DOE to dispose of waste at the
     WIPP, it must apply to EPA for certification of
     the WIPP's compliance with these radioactive
     waste disposal standards. EPA will develop
     compliance criteria, which elaborate on
     what constitutes compliance with the radioac-
     tive waste disposal standards. After receiving
     DOE's certification application, EPA has up to
     three years to decide whether the WIPP will or
     will not comply with  the disposal standards. If
     the Agency finds that DOE's application does
     not satisfy the criteria for compliance certifica-
     tion, DOE will be required to begin the process
     of "decommissioning," or closing, the facility.
     Even if EPA permits disposal to begin, the
     WIPP will be subject to ongoing Agency over-
     sight. DOE is required to demonstrate the
     WIPP's continuing compliance with the dispos-
     al standards every five years until the WIPP is
     closed.
    2. Compliance with Other
    Environmental Laws
      Much of the waste designated for disposal at
    the WIPP is transuranic mixed waste, which
    contains hazardous waste components as well
    as radioactive components. Consequently, dis-
    posal at the WIPP will not begin unless DOE
    also demonstrates to EPA that the requirements
    of the Resource Conservation and Recovery Act
    (RCRA), under which EPA regulates hazardous
    waste, will be met.
      Under RCRA, hazardous waste cannot be
    disposed of unless it is treated or EPA deter-
    mines that the hazardous materials in the
    waste will not migrate from the disposal unit
    for as long as the wastes remain hazardous.
    Therefore, before placing transuranic mixed
    waste in the WIPP, DOE must either treat it to
    specified EPA standards  or submit to EPA a
    "No-Migration" petition that explicitly
As ft Miills Us regulatory requirements, EPA mil regularly consult with the WIPP
Review Subcommittee of the National Advisory Council for Environmental Policy and
Technology (NACEPT). This Subcommittee was created to advise the Administrator of
EPA on policy and technical matters relating to the WIPP. Subcommittee members are
independent experts from academic institutions, state government agencies,
environmental groups, Industry, and nonprofit organizations. WIPP Review Subcommittee

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REGULATORY  MILESTONES

EPA must make the following determinations in order for WIPP to become a permanent
disposal site for transuranic and transuranic mixed waste.
 Radioactive
 Waste Disposal
 Standards
 EPA published final
 radioactive waste disposal
 standards in
 December, 1993.
Compliance
Criteria
EPA roust publish final
criteria for certifying whether
the WIPP will comply with the.
radioactive waste;disposal
standards. The Agency
.plans to publish proposed.
criteria in the Slimmer
of 1994 and the
.final criteria  by the
Summer of 1995.
Biennial
Environmental
Compliance
Determination
Beginning October 30,1994,
and every two years thereafter,
DOE must provide documentation
to EPA demonstrating the WIPP's
compliance with all applicable
federal environmental laws.
EPA must make a formal
compliance determination
within six months.
No-Migration
Determination
DOE will have to treat
mixed waste going
to the WIPP according to
specified EPA standards.
Alternatively, DOE must
submit, and EPA must approve,
a "No-Migration" Petition for
the WIPP Disposal Phase.
DOE will also have to obtain
appropriate hazardous
waste disposal permits from
New Mexico authorities.
Compliance
Certification
EPA must certify whether
or not the WIPP facility will
meet hazardous waste and
radioactive waste disposal
standards.
demonstrates that hazardous materials will riot
-migfate from-the repository-beyond the unit
boundary.
   Disposal of transuranic mixed waste at the
WIPP requires state approval as well. In order
for disposal to begin, the State of New Mexico
and U.S. EPA Region 6 must issue a joint RCRA
hazardous waste permit. This permit, if issued,
would set specific conditions on DOE's ,har|-
dling and disposal of transuranic mixed w|ste
at the WIPP. Staff from EPA's Region^ 6;Qffice
will provide technical assistance to New^;
Mexico officials in processing the permit.
   The WIPP must also fully comply with all
other applicable federal environmental laws,
including: the Clean Air Act; the Clean Water
Act; the Comprehensive Environmental
Response, Compensation, and Liability Act;
additional provisions of RCRA; the Safe
                                 "	"
                                     Drinking Water Act; and the Toxic Subst
                                                       -•- "i '  «fft%     '
                                                          Dberrap,
                                                           .ces
              Control Act By October 5p, 15*91" and every
                          m,fy    s*    Hf,   'Sfe-'r?   j3jf iff
              two^years thereafte43DOEmust:submit to* EPA
              doairh;eptatTon''dernonstrating that the WIPP
              fj/i-^.     %^ft,
                          jth the laws listed above and with
                           gtectionjitandards that apply to
                                                transuranic
                                  r^sal. Alter revwng DOE's
                                                 an. If EPA
                                             edial
                                                will
                                            and the site will be cosed.

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EPA AND THE WIPP
EPA's  Commitment to Open
Communication and Consultation
   EPA is committed to conducting its WIPP
 activities in an open and informative manner.
 The Agency believes that open dialogue and
 public participation in both technical and
 nontechnical matters will improve the regula-
 tory process and lead to sound public policy
 decisions.
   To implement this philosophy, EPA has held
 and will continue to hold public meetings and
 hearings to obtain comments on all of its pro-
 posed regulations relating to the WIPP. Most of
 the future meetings and hearings will be held
 in New Mexico to encourage input from those
 closest to the WIPP. The Agency will also
 ensure that technical meetings between itself
 and DOE are open to the public. Finally, EPA
 will continue to communicate with other fed-
"^^"a^^ctiST^atFan^loTial^v^mraHits;
 environmental and citizen groups, and other
 interested  parties on important WIPP issues.

 CONSULTATION
   Recognizing the difficult and complex tech-
 nical and policy issues associated with its WIPP
 implementation responsibilities,
 EPA established the WIPP Review
 Subcommittee under the National
 Advisory Council for Environ-
 mental Policy and Technology
 (NACEPT). The Subcommittee pro-
 vides independent advice on EPA's
 activities and issues associated
 with implementation of the WIPP
 Land Withdrawal Act. Members of
                                                  the Subcommittee are independent experts
                                                  from academic institutions, state government,
                                                  environmental organizations, and consulting
                                                  groups. Subcommittee meetings are open to
                                                  the public and provide opportunities for early
                                                  discussion of important WIPP issues.

                                                  PUBLIC OUTREACH
                                                    In the Summer of 1993, EPA representatives
                                                  met with New Mexico residents and govern-
                                                  ment officials to identify the key issues that
                                                  concern them, the types of information they
                                                  want from EPA, and the best ways to commu-
                                                  nicate with different sectors of the New Mexico
                                                  public. The feedback provided by this group of
                                                  citizens forms  the basis for EPA's WIPP commu-
                                                  nications and consultation plan.
                                                    To help citizens stay abreast of EPA's many
                                                  WIPP-related activities, EPA is providing the
                                                  following information products and services.

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• Files\(knQwn as "dockets") of information are
available for review at three separate locations
in New Mexico, as well as at EPA headquarters
in Washington, P.C, These dockets contain the
information used by EPA in carrying out its
     i^
 * A toll-free phone number
 with a recorded message (in English and
 Spanish) provides the latest information on
 upcoming public meetings, publications, and
.other WIPP-related activities. Callers can also
 leave questions for EPA staff.
 • A variety of WIPP publications are available
 from EPA. Among these are:
  Fact Sheets (printed in English and
  Spanish), describing EPA's WIPP oversight
  role, the radioactive waste disposal standards,
  the NACEPT WTPP Subcommittee, and the
  No-Migration Determination. Additional fact
  sheets Will be developed to describe other key
"""elements" of EPA's WIPP program.
  EPA WIPP Update, published as needed, to
  let the public know about new developments
  relating to the WIPP.
  EPA WIPP Bulletin, a semiannual publica-
  tion featuring in-depth articles on EPA's
  program.                       >:_,..
  WIPP Implementation Strategy, &
  detailed document explaining EPA'sjtratl^'
  for implementing its WIPP responfil^ties: V *'''
        A         ^J        .,«»££ J?-:*;..~  ; ~U'."i;^''-"> •"	  —•""•*
• EPA's electronic bulletin board, the
Technology Transfer Network (TTN), provides
on-line information regarding the WIPP. TTN
can be accessed, using telecommunications
software and a modem,, at (919) 541-5742. For
assistance in accessing the network, call the
Help Desk at (919) 541-5384 between 1 p.m.
and 5 p.m. EST.      [
• A WIPP mailing list has been established to
systematically provide interested parties with
copies of EPA's public information documents
and other materials. Additions to the mailing
list may be made by calling the WIPP Infor-
mation Line or writing to EPA's Policy and
Emergency Response Branch.
   As EPA's WIPP program proceeds, the
Agency plans to assess the effectiveness of its
communications program in meeting the
needs of the public and make changes as nec-
essary. The Agency will also be exploring meth-
ods such as telecpnferegqpg and open houses
to addressjhe public': ***"    ^ '        '*
'--'•-    -•-" 'f ' - '.-, • TV-   •-.--. • - . -L>
mJnuni|ations needsT
                                                                  cs
  These documents are available from EPA,
Office of Radiation and Indoor Air, Policy and
Emergency Response Branch, 401 M Street,
S.W., (6602J), Washington, DC  20460. They
may also be ordered through the WIPP
Information Line.

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EPA AND  THE WIPP
                                                                            New Mexico
                                 Washington, DC
       As EPA implements its regulatory responsibilities	re'laiimOQ
       the WIPP, there will be numerous oppvortunitiesl"for piibliO
       input into EPA's decisions. To help the public la KB advantage
       of these opportunities, EPA will follovv proce^ufel'iMineciin
       the Administrative Procedures Act.       "":"' 'u: $'MSI*
         Specifically, EPA will announce a proposed rutaznrp'ugn au
                                       •i~ • •.«	in, ijjjiijij1 iiijrt jiijijijj IIIIJL ||||*J||Rfl|H
       "Notice of Proposed Rulemaking" (NPRM), which'will appeaF2
                                         • i .,.,111:' •	',!'! ,'illlllilll' l^lllf.^lll^lllPJfllufiffl
       in the Federal Register, a government' publicatiort'lssiiarlce vl
       of the proposed rule will also be announced on^Kff f? j,;fl
       Information Line. The Agency will then accept wfitferi'corti-tt
       ments on the proposed rule from the public."In "a?Kn,!'EPA!f:
                 r r              v	.•, Hi ii-pijfij
       Will hold public hearings in New Mexico so that interested ';=*
       parties can provide testimony on the proposed jufel EPA will
       regulations.                   ••    '  '	:":/ '	"ijl""	""•""	:  .
                                   '        if ii "'n1'1"1 lii' iiiiirjift;»5iitoi
         The public is also invited to attend and provide input at w
       meetings of the NACEPT WIPP Review Subcommltiel^TjKe'B
       meetings wilt often address regulatory issues. EF>A"wf ?1H
       announce upcoming meetings in the FederaJjejis!e?^f^
       the WIPP Information Line.          '    *'••' *^f itlHl
Regulatory dockets can be viewed at the following sites.
Carlsbad Public Library
101 S. Halagueno
Carlsbad, MM 88220
(SOS) 88S-6776

Fogelson Library
College of Santa Fe
1600 St. Michaels Drive
Santa Fe, MM 87505
(SOS) 473-6576
Government Publications
Department
Zimmerman Library
University of New Mexico
Albuquerque, NM 87131
(SOS) 277-5441

U.S. EPA
Waterside Mall
Room M1500
401 M Street, S.W.
Washington, DC 20460
(202) 260-7548
EPA's Pivotal Role
         EPA has a new and pivotal role in determin-
      ing whether transuranic waste and transuranic
      mixed waste will be disposed of at the Waste
      Isolation Pilot Plant. Agency approval is neces-
      sary in order for disposal activities to begin and
      continue at the WIPP. EPA welcomes the chal-
      lenges and opportunities posed by its new
      responsibilities. To meet these challenges, the
      Agency is committed to communicating and
      consulting with all interested parties and to
      using the best available scientific and technical
      data in making its decisions.
The dockets are referenced as follows:

Radioactive Waste:
Docket No. R-89-01 Radioactive Waste Disposal
Standards
(40 CFR Part 191)

WIPP:
Docket No. A-92-56 Compliance Criteria
(40 CFR Part 194)
Docket No. A-93-02 Compliance Certification and
Determination

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