United States           Air and Radiation
                      Environmental Protection (6602J)
                      Agency
           EPA402-F-98-005
           May 1998
                           EPA's  Continuing Regulation of the
                                  Waste Isolation Pilot Plant
                                               Commonly Used Abbreviations:
                                               DOE:
                                               EPA:
                                               LWA:
                                               WIPP:
                                               QA:
U.S. Department of Energy
U.S. Environmental Protection Agency
WIPP Land Withdrawal Act
Waste Isolation Pilot Plant
Quality Assurance
Now that EPA has certified the WIPP, what will
EPA do?

EPA will continue to have an oversight role at the
WIPP to ensure that it continues to protect human
health and the environment.  EPA will

•       Review and Evaluate DOE Reports
EPA will review new information from DOE to determine whether the certification should be
modified, suspended or revoked.  DOE is required by regulation to report changes in activities or
in conditions that have the potential for any releases, however small. EPA may suspend WIPP
certification at the Administrator's discretion, to quickly reverse or mitigate a potential danger to
public health. Any decision to modify or revoke certification must be conducted by a
rulemaking, including a public comment period.

Conduct Audits or Inspections at the Waste Generator Sites Before Allowing Waste Shipment

Currently the waste destined for the WIPP is stored at waste sites across the United States.
Before the waste can be transported to the WIPP, EPA requires that it be identified or
"characterized." Additionally, DOE is required to have in place a system of controls to measure
and track important waste components, and to apply quality assurance (QA) measures to its
waste identification activities. EPA must separately approve the QA programs and the waste
characterization controls for generator sites.

EPA will conduct audits or inspections at waste generator sites to determine if DOE is properly
tracking the waste to ensure that it adheres to specified waste component limits.  Notices
announcing EPA audits or inspections to evaluate quality assurance and waste characterization
programs at generator facilities will be published in the Federal Register. The public will have
the opportunity to submit written comments on DOE's waste characterization and quality
assurance program plans, and on other documentation placed in EPA's docket. EPA will use its
inspection authority to confirm that DOE is fulfilling all of its commitments related to WIPP. If
EPA finds that significant commitments are not being fulfilled (either through independent
Agency inspections or required DOE reports), then EPA has the authority to shut down the
facility.
EPA must confirm that the waste placed in the WIPP falls within waste limits assumed during

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       the analysis of the performance of the WIPP. The waste limits are fixed and may only be
       changed through a modification to the certification.  DOE would have to show that the WIPP
       complies with EPA's containment requirements before any new limits could be established.

•      Conduct Inspections at the WIPP

       EPA may conduct inspections of activities at the WIPP and at other WIPP-related facilities
       (laboratories, waste generator sites, etc.) to verify continued compliance with EPA's radioactive
       waste disposal standards. EPA may conduct periodic inspections, both announced and
       unannounced, and also may inspect any relevant records kept by DOE. EPA will place
       inspection reports in its docket for public examination.

How long will EPA regulate the WIPP?

As specified in the LWA, EPA will continue to regulate the WIPP until it closes.  EPA will conduct a
recertification every five years until closure to determine whether the WIPP continues in compliance
with EPA's radioactive waste  disposal standards.

How can the public continue to participate in EPA's oversight of the WIPP?
                                    For information on EPA's WIPP activities, call our WIPP Information Line at
                                                or visit our Website at http://www.epa.gov/radiation/wipp.
As EPA reviews any information,
including public input, relevant to
WIPP's safety, this information
will be placed in EPA's official
docket in Washington, DC, and in
additional dockets in Carlsbad,
Santa Fe, and Albuquerque, NM.

EPA will consider public input as it makes subsequent decisions regarding recertification, approval of
waste generator sites for shipment, and any decision to modify, suspend or revoke certification.

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