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,/
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WapiSm-
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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
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'lfc
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-
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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