PPA Proposed Changes to EPA's Compliance
Criteria for the Recertification of the
United States
Environmental
Protection
Agency
Isolation Pilot Plant
s part of EPA's ongoing regulatory role at
the WIPP, we are undertaking activities to
improve and update the requirements we use
to determine WIPP's safety. This fact sheet pro-
vides an overview of the proposed changes and
identifies opportunities for public input.
What are the WIPP Compliance
Criteria?
+ In February 1996, EPA issued the final
Compliance Criteria for the WIPP (40 CFR Part
194). We use these criteria to determine
whether the WIPP complies with our radioac-
tive waste disposal regulations.
+ In May 1998, EPA certified that the WIPP met
our WIPP disposal regulations and could safely
contain TRU waste. This decision was based on
our independent technical evaluation of DOE's
plans for the WIPP and on public input.
Compliance Criteria establish the require-
ments for the format and content of the compli-
ance application. The Compliance Criteria also
establish requirements for, among many other
activities:
f^ reporting changes at WIPP to EPA;
f^ inspecting waste generating sites; and
t" predicting the performance of WIPP using
computer modeling.
Abbreviations
DOE: U.S. Department of Energy
EPA: U.S. Environmental Protection
Agency
TRU: transuranic (radioactive waste)
WIPP: Waste Isolation Pilot Plant
These criteria continue to guide EPA's ongoing
regulatory role at WIPP—including site inspec-
tions and for the recertification decision in 2004.
Our Compliance Criteria and radioactive waste
disposal regulations are posted to our WIPP
web site.
Why is EPA Proposing Changes to
the WIPP Compliance Criteria?
Our WIPP Compliance Criteria were based on
the knowledge available to us at the time they
were finalized in 1996. Since our initial certifi-
cation, EPA has conducted many independent
technical reviews and inspections of WIPP
and DOE's TRU waste facilities around the
United States to verify compliance with our
WIPP disposal regulations. Based on this
experience, we have determined that the
processes dealing with inspections for the
approval of TRU waste facilities in our
Compliance Criteria should be updated. We
want to apply this experience to improve our
regulation of the WIPP.
What Portions of the Compliance
Criteria will be Changed?
EPA is proposing the following changes:
* Change the waste characterization program
approval process to add flexibility and to focus
our oversight efforts where they will be most
effective. The change will enable EPA to issue a
single approval of each site's program, followed
by ongoing EPA inspections and reporting of
important changes by DOE.
* Change the focus of our public comment
process to highlight EPA's proposed decisions
on site waste characterization programs instead
of focusing on plans and procedures prepared
by DOE.
a streamlined process to address minor
changes to the Compliance Criteria.
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Proposed Changes to EPA's Compliance Criteria for the Recertification of the WIPP
Regulatory Dockets
Locations
These dockets contain the
information used by EPA
in carrying out its WIPP rule-
making responsibilities.
US EPA Air Docket
Waterside Mall Room M1500
401 M St. SW
Washington, DC 20460
(202) 260-7548
(all dockets)
Carlsbad Public Library
101 S. Halagueno
Carlsbad, NM 88220
(505) 885-6776
(all dockets)
Zimmerman Library
Government Publications
University of New Mexico
Albuquerque, NM 87131
(505) 277-5441
(all dockets)
Fogelson Library
College of Santa Fe
1600 St. Michaels Drive
Santa Fe, NM 87505
(505) 473-6576
(Docket A-93-02 only; EPA's
WIPP Certification Decision)
New Mexico State Library
1209 Cammo Carlos Rey
Santa Fe, NM 87505
(505)476-9717
(Docket A-98-49 only; EPA's
WIPP Hecertification Decision)
+ Allow for the non-paper submission (such as
a compact disc) of compliance applications and
reference materials to facilitate review by EPA
and the public.
+ Replace the term "process knowledge" with
"acceptable knowledge."
These proposed changes will have no effect on
the technical approach we use during our inde-
pendent inspections to evaluate a site's waste
characterization capabilities. They also will not
lessen the requirements the site must meet to
demonstrate compliance with our Compliance
Criteria. These provisions will add flexibility and
clarify minor portions of the rule while continu-
ing to be protective of public health and the
environment.
How Can the Public be Involved?
The process EPA will follow is:
+ Issue a notice of the proposed changes in the
Federal Register — Spring 2002. This notice will
also be posted on our WIPP Web Page at:
www.epa.gov/radiation/wipp and announced on
a 120-day public comment period on
the proposed changes — Summer 2002
+ Hold public hearings in New Mexico on the
proposed changes — Summer 2002
+ Publish final changes in the Federal
Register— Fall 2002
EPA invites the public to review the proposed
changes to the Compliance Criteria and submit
comments to EPA during the 120-day comment
period. Dates for the public comment period
will be announced on our WIPP Web Site and
WIPP Information Line. We will hold public
hearings in New Mexico to receive additional
input from the public. All relevant information
received from the public within the 120-day
comment period will be considered before we
make our final decision. When we publish our
final decision, we will also develop a "Response
to Comments" document and other documents
that will be posted to our WIPP Web Site.
What is EPA's Role in Regulating
the WIPP?
The WIPP Land Withdrawal Act gave EPA regu-
latory authority over many of DOE's WlPP-relat-
ed activities for the operational lifetime of the
facility, approximately 35 years. The first waste
for disposal was received at WIPP in March
1999. EPA must recertify WIPP's continued
compliance every five years; the first recertifica-
tion decision will occur in 2004.
The WIPP is the nation's first geologic facility
designed for permanent disposal of TRU radioac-
tive waste that was generated as a result of
U.S. defense activities. The majority of TRU
waste consists of clothing, rags, glassware,
sludges, and equipment that were contaminated
with americium, plutonium and other radioactive
elements. The WIPP is located 2,100 feet under-
ground in natural salt formations outside
Carlsbad, New Mexico. TRU waste is currently
stored at 23 locations nationwide. Over its 35-
year operational period, WIPP is expected to
receive about 37,000 shipments of waste.
For Further Information on EPA's WIPP Activities
Please Call the WIPP Information Line
or visit our website at:
http://www.epa.gov/radiation/wipp
United States Environmental Protection Agency I Office of Air and Radiation (6608J) I EPA-402-F-02-015 I June 2002
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