&EPA The Wl PP Bulletin
United States
Environmental Protection
Agency
Promoting better understanding of EPA's oversight role and activities for the WIPP
A Message From the Director
H
ello. My name is Elizabeth Cotsworth and I am
the new Director of the Office of Radiation and
Indoor Air (ORIA). Prior to joining ORIA, I was
the Director of EPA's Office of Solid Waste where I man-
aged the Agency's national hazardous and solid waste
programs. I want you to know that one of my highest
priorities is making sure that radioactive waste is safely
stored, disposed, and managed at the WIPP. EPA con-
tinues to ensure the Department of Energy (DOE) com-
plies with our standards and that the WIPP safely
contains transuranic waste. We do this by inspecting the
WIPP facility and DOE's transuranic waste generator
sites. We are also working very hard preparing for the
WIPP recertification process; we expect to receive
DOE's first recertification application by March 2004.
I also want to take this opportunity to reaffirm
EPA's commitment to keep you informed about our
continuing oversight role and activities for the WIPP.
I feel that it is important that you understand how we
do our job and why we make the decisions we make.
My staff and I care about what you think and are
open to responding to your questions and concerns.
Please feel free to contact us either by: sending your
questions and comments by email to: radiation, ques-
tions@epa.gov; leaving a message on our WIPP In-
questions and comments by U.S. mail to: Betsy Fori-
nash, Director, WIPP Program, Office of Radiation
and Indoor Air, Mailcode 6608J, 1200 Pennsylvania
Avenue, NW, Washington, DC 20460.
Office of Radiation and Indoor Air (6608J)
EPA 402-N-03-001
www.epa.gov/radiation
December 2003
Inside this Issue
A Message From the Director 1
Focus on Recertification 2
Focus on Remote Handled (RH) Waste 4
News Notes 6
Making Experience Count: Inspections 7
Tech Corner: Human Intrusion 12
EPA's WIPP Activities 2004 5
Contacts and On-Line Resources
Printed on recycled paper
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Focus On decertification
What is Recertification?
It is a process to reaffirm that the WIPP con-
tinues to meet all the requirements of EPA's
disposal regulations. The recertification
process will ensure that the WIPP is operated
using the most accurate, up-to-date informa-
tion available and provides documentation re-
quiring DOE to operate by to these standards.
Recertification is not a reconsideration of the
decision to open WIPP. EPA is required by law
to evaluate all changes in conditions or activi-
ties at WIPP every five years to determine if
WIPP continues to comply with our disposal
regulations. The first of these recertifications
occurs in 2004 and will include a review of all
of the changes made at the WIPP facility since
our initial certification decision in 1998.
Since our initial certification decision in
1998, we have been conducting independent
technical reviews and inspections annually
of all WIPP activities related to compliance
with our disposal regulations. EPA reviews
all changes in activities or conditions and
may modify, suspend or revoke certification
at any time to prevent or quickly reverse a
potential danger to public health. Recertifi-
cation evaluates changes at the WIPP.
The 1998 Certification identified the start-
ing (baseline) conditions for the WIPP site
and established the waste and facility char-
acteristics necessary to ensure proper dis-
posal in accordance with our disposal
regulations. At that time, EPA and DOE un-
derstood that future information and knowl-
edge gained from the actual operations of
the WIPP would result in changes to the best
practices and procedures for the facility. In
recognition of this, EPA is required by law to
evaluate all changes in conditions or activi-
ties at WIPP every five years to determine if
WIPP continues to comply with our disposal
regulations. The first of these recertifications
occurs in 2004 and will include a review of
all of the changes made at the WIPP facility
since our initial certification decision in 1998.
DOE will apply for recer-
tification.
While EPA has been tracking all changes at the WIPP, during recertification,
we will conduct a more in-depth look at the collective effect of changes DOE
made in WIPP operations over the last five years. As part of this recertification,
DOE is required to produce a new performance assessment in order to evaluate
changes to the facility and the environment and to reaffirm that the WIPP con-
tinues to meet all of EPA's disposal regulations requirements. Additionally, DOE
must submit a "Recertification Application" to EPA containing the results of the
performance assessment and identifying all changes and updates to the WIPP.
EPA must receive the application no later than March 2004 (five years from when
waste was first received at the WIPP).
EPA will review DOE's application.
Once EPA determines that the application is complete, we must make a de-
cision on recertification within six months. The focus of our review will be on
areas of change identified by DOE, in order to ensure that their cumulative ef-
fects have been adequately addressed. Areas that DOE states have not changed
will be reviewed by EPA to verify that they have not. DOE must demonstrate
that it meets all aspects of the Agency's disposal regulations. When we deter-
mine that we have received a complete Recertification Application from DOE,
we have six months from that date to make our recertification decision. We will
notify DOE of our decision in the Federal Register and, if we approve DOE's Re-
certification Application, it will serve as the new "baseline" for the next WIPP
recertification in 2009.
The public is invited to comment.
EPA welcomes and encourages public involvement in the recertification
process. We are most interested in public comment on any issues or changes
where changes have occurred which that may potentially impact the WIPP's
ability to remain in compliance with the requirements in our disposal regula-
tions, as well as any areas where the public believes that changes have occurred
and have not been identified by DOE.
EPA will make information available to the
public.
EPA will place all DOE submissions in the public docket and will solicit pub-
lic comments on DOE's Recertification Application. EPA will also make sure that
key information, including DOE's application, will be is available on our web-
site at: www.epa.gov/radiation/wipp/ and in our dockets. And, we will estab-
lish clear procedures for submitting comments will be outlined as well. We plan
to meet informally with stakeholders during our review to discuss issues of in-
terest in the application.
After we determine we have received a complete Recertification Application
from DOE and before making our recertification decision, EPA staff will meet in-
formally with key stakeholders to discuss any issues of concern. We will post
our recertification decision on our EPA WIPP website, announce our decision via
email to interested stakeholders, publish our decision in the Federal Register,
and write an article summarizing our decision for inclusion in a future next issue
of the EPA WIPP Bulletin.
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December 2OO3
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Recertification of theWIPP Facility
This provides an overview ofEPA's recertification process for the WIPP
that will take place in 2004.
What is
Recertification?
EPA is required by law to evaluate
all changes in conditions or activities
at WIPP every five years to determine
if WIPP continues to comply with
EPA's disposal regulations for the fa-
cility. The first of these recertifications
will occur in 2004 and will include a
review of all of the changes made at
the WIPP facility since the original
1998 EPA certification. It is not a re-
consideration of the decision to open
WIPP, but a process to reaffirm that
the WIPP meets all requirements of
the disposal regulations.The recertifi-
cation process will not be used to ap-
prove any new significant changes
proposed by DOE; any such propos-
als will be addressed separately by
EPA. Based on our review of annual
change reports, EPA does not antici-
pate any issues that would prevent
recertification in 2004. However, re-
certification ensures that the WIPP is
operated using the most accurate and
up-to-date information available and
provides documentation requiring
DOE to operate to these standards.
EPA Reviews Changes
at the WIPP Annually
Since the 1998 certification,
EPA has been conducting indepen-
dent technical review and inspections
of all WIPP activities related to
compliance with EPA's WIPP disposal
regulations. EPA reviews all changes
in activities or conditions and may
modify, suspend or revoke certifica-
tion at any time to prevent or quickly
reverse a potential danger to public
health.
The 1998 certification identified
the starting (baseline) conditions for
the WIPP site and established the
waste and facility characteristics nec-
essary to ensure proper disposal in
accordance with the regulations. At
that time, EPA and DOE understood
that future information and knowl-
edge gained from the actual opera-
tions of the WIPP would result in
changes to the best practices and
procedures for the facility. As such, a
process for identifying and evaluat-
ing these changes was established.
Key elements of this process are:
• All potentially significant changes
are proposed for EPA approval be-
fore they are implemented by DOE.
• DOE submits annual change re-
ports to EPA that identify all
changes, both significant and
minor, that were made to WIPP
operations or plans during the
preceding year.
• EPA reviews all changes to ensure
we have no concerns regarding
the performance of the WIPP or
DOE's continuing compliance
with disposal regulations.
Recertification is a
More In-Depth Look at
Changes
Every five years, EPA conducts a
recertification of the WIPP to review
and conduct a more in-depth look at
the collective effect of changes made
in the WIPP operations. As part of this
recertification:
• DOE is required to conduct a new
performance assessment in order
to evaluate changes to the facility
and the environment and to reaf-
firm that the WIPP meets all re-
quirements of EPA's disposal reg-
ulations.
• DOE submits a recertification ap-
plication to EPA containing the re-
sults of the performance
assessment and identifying all
changes and updates to the WIPR
• EPA reviews this application in de-
tail to assure that the WIPP will
continue to safely contain
transuranic radioactive waste.
• An approved application becomes
DOE's commitment for how WIPP
will be operated over the follow-
ing five years.This application will
then serve as the baseline for the
next recertification in 2009.
Process and Schedule
• By law, DOE is required to submit
a recertification application to EPA
by March 2004 (five years from
the first receipt of waste at the
WIPP).
• EPA will review the application for
completeness and work with DOE
to ensure that a complete applica-
tion is received.
• EPA is required to reach a recerti-
fication decision within six
months of receipt of a complete
application.
• EPA will focus its review on areas
of change identified by DOE, in
order to ensure that their effects
have been addressed. Areas that
have not been changed will be re-
viewed to verify that they have
not changed. DOE must demon-
strate that it meets all aspects of
the disposal regulations before
EPA will approve recertification.
continues on next page
The WIPP Bulletin 3
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Continued from previous page
• EPA will base its recertifica-
tion decision on the results of
its ongoing oversight of the
WIPP and on DOE's applica-
tion. At that point, EPA will
submit a letter to DOE an-
nouncing its decision.
How can you get
involved?
• EPA will place all DOE sub-
mittals in the public docket
and will solicit public com-
ments on DOE's application.
EPA will make sure that key
information is available on
the web and at EPA dockets
and establish clear proce-
dures for submitting com-
ments.
• EPA will be most interested
in public input on issues
where changes have oc-
curred which may have a po-
tential impact on the WIPP's
ability to remain in compli-
ance with our disposal regu-
lations, as well as any areas
where the public believes
that changes have occurred
at WIPP that have not been
identified by DOE.
• EPA staff will meet with
stakeholders after receiving
DOE's application to discuss
issues of concern to the pub-
lic before we make a final de-
cision.
• EPA will share its decision
with the public through an
announcement emailed to in-
terested stakeholders, the
EPA WIPP website and a no-
tice in the Federal Register.To
be added to our email list,
please send an email to fer-
guson.rafaela@epa.gov
Focus On Remote-Handled Waste
DOE Seeks Approval for
Remote-Handled
Transuranic Waste
The EPA is making a preliminary de-
cision that is the first step in implement-
ing disposal of remote-handled
transuranic (RH-TRU) waste that was
previously approved as part of the waste
disposal inventory for the Waste Isola-
tion Pilot Plant (WIPP). Remote-handled
waste requires special handling and
modified waste characterization proce-
dures because, unlike most WIPP waste,
its radioactivity is not effectively
shielded by the waste containers. In
EPA's 1998 Certification Decision (which
allowed WIPP to open), the Agency ex-
amined the amount and type of remote-
handled waste that were projected to be
disposed in the WIPP. The performance
assessment and verification conducted
for the certification demonstrated that
the WIPP can safely contain RH-TRU
waste. However, RH-TRU waste has not
been disposed at WIPP since its open-
ing. Before RH-TRU waste may be
placed in WIPP for disposal, EPA re-
quires the Department of Energy (DOE)
to demonstrate that generator sites can
adequately characterize and track RH
waste.
Preliminary Approval of
Framework for Charac-
terization of Remote-
Handled Waste
After years of development, with
input from EPA, DOE is now requesting
EPA's approval of its plan to character-
ize remote-handled transuranic waste.
This is DOE's first step towards dispos-
ing of RH waste in the WIPP. This plan
is comprised of two documents: the RH
Transuranic Waste Characterization
Plan and the Waste Characterization
Program Implementation Plan
(WCPIP), Revision OD.
EPA's December 19, 2003 letter to
DOE outlines our preliminary decision
to approve the RH Waste Characteriza-
tion Plan and Implementation Plan. It
also describes the approval process for
waste generator sites to characterize RH
waste for disposal at WIPP. The letter,
Waste Characterization Plan, and Imple-
mentation Plan are available online in
Adobe .pdf format—please check our
website (http ://www. epa .gov/radia-
tion/wipp) for more details.
EPA believes that DOE's Waste Char-
acterization Plan and Implementation
Plan provide an appropriate general
framework for conducting RH waste
characterization activities. We are
proposing to approve both plans, which
would allow DOE to proceed with de-
veloping site-specific characterization
plans for RH waste. This proposed ap-
proval does not authorize DOE to char-
acterize or ship RH waste to the WIPP.
Future Approvals for
Waste Generator Sites
to Implement RH Waste
Characterization
In order to obtain authorization from
EPA to conduct RH waste characteriza-
tion, shipment and disposal from waste
generator sites, DOE must submit docu-
mentation specific to each of the waste
generator sites to show the requirements
in the Waste Characterization Plan and
Implementation Plan have been fully
met. Each site must also be inspected by
EPA to evaluate whether it is adequately
implementing the site-specific RH waste
characterization programs. The Agency
will follow the 40 CFR 194.8 or 194.24
inspection process as appropriate. EPA
will make the site-specific waste charac-
terization plans and inspection reports
available in the WIPP dockets and on its
website. The website will also announce
opportunities for public comment on
our waste characterization activities. You
4 The
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December 2OO3
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can also choose to be notified by e-mail
of our future inspections—including
those related to remote-handled
waste—by subscribing to EPA's WIPP-
NEWS update service.
EPA's WIPP Team is committed to a
thoughtful, transparent process with the
public. Until January 30, 2004, we are
asking for your comments on our deci-
sion to approve the general framework
for RH waste characterization (DOE's
RH WC Program Plan and RH WCPIP
[Revision OD]). We are interested in your
views on whether the Waste Characteri-
zation Plan and Implementation Plan
address the necessary components of
waste characterization, taking into ac-
count worker exposures to radiation
and other relevant factors. We also so-
licit your comments on whether the site-
specific approval process contains
appropriate controls, and your sugges-
tions for any additional information EPA
should require in site-specific documen-
tation. We remind you that our prelimi-
nary decision relates to characterization
of RH-waste; we are not reconsidering
the decision to allow remote-handled
waste as part of the WIPP inventory.
Based on your comments, we may re-
vise our preliminary conclusion or re-
quest further information. Following the
consideration of comments and any ad-
ditional information, the Agency will
issue another letter to DOE notifying
them of our final decision regarding the
RH Waste Characterization Plan and Im-
plementation Plan. The letter will be
made available to the public in our
docket (insert number) and on the
WIPP website.
You can submit your comments to
EPA (via regular mail) to: Ray Lee, U.S.
Environmental Protection Agency,
1200 Pennsylvania Avenue, NW, Mail
Code 6608J, Washington, DC 20460.
Comments (as regular text, Microsoft
Word or WordPerfect documents) may
EPA's 1AIIPP Activities
2OO4
Spring
• EPA Receives
Recertification Application
• EPA Solicits/Receives Public
Comments on Application
• Stakeholder Meetings
Summer
• EPA Public Hearings/Workshop
Fall
• EPA Reviews/Considers Public
Comments
• EPA Conducts Technical Evaluation
By Year's End 2004
• EPA Issues WIPP
Recertification Decision
For A/lore Information
About the WIPP
More information on EPA's continued
activities concerning the WIPP can be
obtained from any of EPA's five public
dockets (Washington DC, and Albu-
querque, Carlsbad, and Santa Fe, New
Mexico). The Docket number for EPA's
recertification activities at the WIPP is
A-98-49. The pre-certification and certi-
fication decision Docket is A-93-02. For
the latest information on EPA activities
regarding the WIPP, please call EPA's
recorded WIPP Information Line at
You can also read all about EPA's WIPP
Program on the Internet. EPA's WIPP
Homepage is an excellent source for
current information on EPA's WIPP activ-
ities. From the Homepage you can also
download EPA documents and docket
information. EPA's WIPP Homepage ad-
dress is:
www.epa. gov/radiation/wi pp/
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
also be submitted via e-mail to
lee.raymond@epa.gov or faxed to
202-343-2305.
mation regarding the RH inventory of
waste, the process for considering RH
waste characterization will adhere to any
Note: EPA will be conducting the first approved plans. We do not expect to ap-
recertification of WIPP in 2004.
Although DOE may submit new infor-
prove changes to these RH plans as part
of the recertification process.
The WIPP Bulletin 5
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WIPP News Notes
WIPP-NEWS E-mail
Updates!
2004 will be a very busy year for EPA
and the WIPP. Aside from this year's
WIPP Bulletin, we have set up an elec-
tronic update service entitled "WIPP-
NEWS" to keep you informed about
EPAs WIPP-related efforts. We will send
out periodic e-mail updates to any inter-
ested subscribers on current topics such
as recertification and ongoing inspection
activities.
To subscribe to WIPP-NEWS, please
send a blank e-mail message (no subject
line or text) to:
"wipp-ne"ws-subscribe@lists.epa.gov
Subscription details and other addi-
tional information on the WIPP-NEWS e-
mail service will be posted on our website
(http://www.epa.gov/radiation/wipp) as
well.
Update on EPA's New
Electronic Docket IE-
DOCKET)
In the last WIPP Bulletin, we
announced that EPA's new electronic
docketing system, E-DOCKET (http://
www.epa.gov/edocket), was available
for use by the Agency and the general
public. Here is a review of the new sys-
tem, as well as some updates on EPA's
WIPP-related dockets.
Anyone may use E-DOCKET to access
an index of all available public dockets
and view current documents in Adobe's
portable data file (PDF) format. E-
DOCKET users can search for a particu-
lar docket or document by title, release
date, document type, Federal Register ci-
tation, program office, or other various
identifiers. You can submit comments
electronically as well. After identifying
the docket or document on which you
wish to comment and agreeing to a pri-
vacy and disclaimer notice, you may
submit your comments online (using an
electronic form provided on E-DOCKET)
or attach comments as an electronic file.
Providing your name, group, or organi-
zation is optional. After comments have
been submitted, you will receive a con-
firmation notice. Following a mandatory
review by docket staff (to screen for pro-
fanity and other obscene material) your
comment will be published on E-
DOCKET within three business days
after receipt.
EPA currently maintains four dockets
for the WIPP program:
• A-92-56, which contains information
about the WIPP compliance criteria;
• A-93-02, which contains information
considered in making the WIPP certi-
fication decision;
• A-98-49, which contains new infor-
mation that the EPA is continuously
reviewing as part of the Agency's on-
going oversight role at the WIPP; and
• E-DOCKET #OAR-2002-0005, which
contains information regarding our
proposed alternative provisions to 40
CFR Part 194.
Dockets A-92-56 and A-93-02 are
closed and are not available on the E-
DOCKET system. Hard copies of all ma-
terials contained in A-92-56 and A-93-02
are maintained at each of our docket lo-
cations in Albuquerque and Santa Fe,
NM, as well as our official docket head-
quarters here in Washington, DC.
We are still adding documents to the
index for Docket A-98-49, which in-
cludes inspection reports, letters, techni-
cal guidance, and other correspondence
related to the WIPP. In addition to the
paper copies that are housed in each of
the docket locations listed above, these
documents can be viewed online. The E-
DOCKET ID for Docket A-98-49 is
#OAR-2001-0012. Because the EPA
docket staff is still in the process of back
scanning material for all active dockets,
searching this particular E-DOCKET will
bring up only a partial list of documents.
We expect the E-DOCKET for #OAR-
2001-0012 to be complete sometime in
early 2004.
EPA also has established an E-
DOCKET site for materials related to its
recent WIPP-related rulemaking—the
alternative provisions to 40 CFR Part 194.
Although the comment period for this
proposed rule has closed, interested
parties can still view this docket and
its contents (including a Background
Information Document [BID], redline/
strikeout rule language comparison,
comments submitted online, and other
relevant materials) by searching for E-
DOCKET #OAR-2002-0005. Hard copies
of these materials can also be found in
Docket A-98-49, in categories VI-A, VI-B,
VI-C, and VI-D The New. EPA is antici-
pating the final rule to be completed in
early 2004. A separate E-DOCKET will be
established for this final rule.
For more information or any other
issues regarding E-DOCKET, please refer
to EPA's E-DOCKET website at
http://www.epa.gov/edocket or contact
Shivani Desai by phone (202-566-1674)
or e-mail (For WIPP-related docket
matters, please contact Ray Lee at
202-564-7738).
WIPP Transportation
Information*
Contacts and On-Line Resources
WIPP Facility TRU Waste Transportation
Dennis Hurtt
U.S. Department of Energy
Office of Public Affairs
(505) 234-7327
www.wipp.carlsbad .nm .us
National Transportation Program
www.ntp.doe.gov
Transportation Issues
Anne Clarke
Coordinator of New Mexico's Radioactive
Waste Task Force, State of New Mexico
(505) 476-3224
www.emnrd.state.nm.us/wipp
Richard Swedberg
Health Physicist
U.S. Department of Transportation
(303) 969-6744, ext. 0363
www.fhwa.dot.gov/omc/omchome.html
Ron Ross
Program Manager
Western Governors' Association
(303) 623-9378
www.westgov.org/wi pp
Kristin Marstiller
National Safety Council
(202) 293-2270, ext. 469
www.nsc.org/ehc/wipp.htm
*EPA does not regulate waste transportation to
WIPP, however, we receive many requests for this
information.
6 The
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December 2OO3
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Making Experience Count
Waste Characterization Inspection
Process
In our July 2002 bulletin, we discussed EPA's proposed
changes to the WIPP Compliance Criteria. We're applying over
four years of oversight experience to improve our inspections
program and approval process.
EPA issued the proposed rulemaking entitled "Criteria for
the Certification and Recertification of the Waste Isolation Pilot
Plant's Compliance with the Disposal Regulations; Alternative
Provisions" (67 FR 51930-51946) on August 9, 2002. Foremost
among the proposed changes were changes to the approval
process for waste characterization programs at Department of
Energy transuranic (TRU) waste generator sites. Other pro-
posed changes would add a process for making future minor
changes to the Compliance Criteria, allow for the submission
of copies of compliance applications and reference materials in
a non-paper format (e.g., compact disk); and update terminol-
ogy related to waste characterization.
A 90-day comment period was announced in the Federal
Register, and public hearings were held in Albuquerque and
Santa Fe, New Mexico, on September 24-25, 2002. After con-
sidering all comments (which will be addressed in our up-
coming "Response to Comments" document), EPA is now
moving forward with the final rule, and expects to issue the
new Compliance Criteria provisions in early 2004.
Most of the comments on our proposal related to changes
in the DOE waste generator site inspection and approval
process, so we'd like to provide some information on the pro-
posed process that we expect will be finalized and begin being
implemented this fall. The process will be as follows:
t*~ EPA will conduct inspections at all new waste generator
sites and previously approved sites to establish a baseline
standard for waste characterization. EPA inspectors will
evaluate equipment, procedures, and personnel
training/experience related to a range of waste characteri-
zation components. After an inspection, EPA produces an
inspection report to describe its findings. Findings that a
specific item or activity is deemed inadequate usually re-
quire action by DOE to correct the problem and take steps
to ensure it does not recur. If the WC processes inspected
are adequate to characterize waste for disposal at WIPP,
EPA will issue a "baseline approval" that allows the site to
dispose of waste at WIPP (once shipping and other re-
quirements are met).
t*~ The baseline approval will specify any limitations on waste
characterization or disposal (such as restrictions on what
waste streams may be disposed) and assign specific re-
porting requirements for all waste characterization compo-
nents and related activities. These changes and/or expan-
sions will be assigned to one of two categories ("tiers"), de-
pending on the required level of notification and approval
outlined in the site's initial baseline approval. Tier 1 waste
characterization activities at a site will have more stringent
reporting requirements (e.g., require notification by DOE
and approval by EPA prior to shipment of waste to the
WIPP) and will most likely require additional inspections
whenever any changes to that activity are made. Tier 2 ac-
tivities will have more moderate reporting requirements
and EPA may approve changes to certain activities without
a follow-up inspection (i.e., desktop review and approval
of certain technical documents). We will specify the limita-
tions associated with the assigned tier and suggest the type
of information needed for EPA review.
EPA will issue a Federal Register notice after each of the ini-
tial baseline inspections. The public will be asked to com-
ment on the proposed tier levels and reporting
requirements for each of the waste generator sites. EPA will
post relevant information and other updates concerning
these decisions on the WIPP website.
DOE will report any changes in equipment, processes, or
personnel, based on their tier level, and certain changes
must be reported to EPA before their implementation. EPA
will then decide whether or not a follow-up inspection is
necessary to confirm and verify the adequacy of any
changes to the site's waste characterization program. EPA
may also conduct unannounced site inspections of items
not assigned to a tier if EPA determines a need based on
the available information. Follow-up inspections will be
posted on the WIPP website and inspection reports will be
sent to our WIPP dockets.
After a site has been approved and has an established base-
line, EPA may decide to change the tiering scheme for a
particular waste characterization component or activity.
The decision to revise tiers at a site will be made through
continued compliance inspections under the authority of §
194.24(h). In the event of this type of tier change, the
Agency will notify the public in the following manner:
EPA will announce the proposed tier change(s) and the
reasoning behind them in an inspection report.
Elevating an activity to a more stringent tier (i.e., additional
DOE reporting requirements for that particular waste char-
acterization component or activity) will be effective imme-
diately and the site will be expected to operate under the
more stringent requirements without delay.
Before moving an activity to a less stringent tier, EPA will
solicit public comment. The site will continue to operate
under the more stringent tier designation until public com-
ment can be considered. The basis to change the level of
oversight for an activity (i.e., tier designation) will be de-
scribed in our inspection report.
The WIPP Bulletin 7
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Making Experience Count (continued)
Nuclear Quality Assurance Audits
One important function of EPA audits
and inspections is to ensure DOE
compliance with EPA's quality assurance
(QA) requirements. In the WIPP Compli-
ance Criteria (40 CFR 194), EPA required
DOE to establish rigorous QA programs to
help assure that sound data and informa-
tion are used in operating WIPP and eval-
uating its performance. Under our rules,
DOE's QA programs must meet the na-
tional Nuclear Quality Assurance (NQA)
standards developed by the American So-
ciety of Mechanical Engineers to be ap-
plied to nuclear facilities throughout the
United States.
What is the purpose of the EPA's
quality assurance audits?
Basically, the NQA standards require
that each nuclear facility have an on-site
organization that constantly monitors the
quality of operations at the site. These
organizations must have sufficient inde-
pendence, authority and qualifications to
effectively carry out their role. Since
1997, the EPA has conducted more than
forty audits of WIPP-related facilities to
confirm the proper application of the
NQA standards.
What is the scope of the EPA's
quality assurance audits?
The NQA standards apply for all items
and activities that are important to the
containment of transuranic (TRU)-waste
within the WIPP. This excludes activities
such as the transportation of the waste to
the WIPP site, or the containment of
non-radioactive hazardous wastes within
the WIPP. Therefore, the scope of the
EPA's QA audits is limited to the applica-
tion of NQA standards that pertain to the
containment of TRU-waste at the WIPP.
What does EPA do during a QA
audit?
At each WIPP-related facility, the
EPA's audit team reviews documents, in-
cluding organizational charts, operating
procedures, test results, training records,
procurement records, inspection reports,
and approval forms; and interviews QA
staff and management to verify compli-
ance with the NQA standards. A facility's
QA Plan is reviewed to verify that the re-
quirements of the NQA standards are
properly established within the plan.
Then, the EPA auditors verify that these
established requirements are properly
implemented by the facility.
During an audit, the EPA's team de-
velops a list of findings and concerns. A
finding is a determination that a specific
item or activity does not meet a require-
ment under the NQA standards. A con-
cern is a judgment that a finding may
occur in the future. Near the end of the
audit, the team discusses the severity of
each finding to assess its impact on the
facility's QA Program.
What comes out of an audit?
The EPA team evaluates audit results
and decides whether or not a facility's
QA Program is in compliance. The EPA
then writes an audit report. The report
lists the information reviewed by EPA,
describes all finding or concerns, and
specifies what follow-up actions are nec-
essary by DOE to correct any problems.
Depending on the nature and severity of
problems, EPA may conduct additional
audits soon afterwards to further assess a
finding or to verify that a finding has
been corrected. In other cases, we re-
quire DOE to provide written responses
to our report, documenting how prob-
lems have been addressed.
What does EPA provide to the
public?
Before the first audit of a facility, the
facility's QA Plan is made available to the
public through the Agency's public
dockets. After every audit, QA audit re-
ports are also placed in the public
docket. QA audit reports can be found in
Docket A-98-49, Category II-A1. Techni-
cal documents related to QA programs
can also be found in Category II-A2.
[Refer to the EDOCKET article in this
bulletin for more info on our dockets.]
Tracking and Under-
standing DOE's WIPP
Changes: DOE's
Annual Change Report
The DOE frequently adjusts WIPP
plans and activities to increase effi-
ciency, reflect new priorities, or address
new information. EPA tracks and evalu-
ates such changes to make sure they
don't adversely affect WIPP's ability to
contain radioactive waste and meet
EPA's regulations. Under the WIPP Com-
pliance Criteria (40 CFR 194), DOE must
immediately report to EPA significant
changes to activities or conditions at
WIPP, especially those that could lead to
radioactive releases that violate EPA's
regulations. For less significant changes,
EPA requires that DOE submit an annual
WIPP Change Report, which documents
any changes made to the WIPP program
during the previous year. EPA reviews
each Change Report to determine
whether any of the changes are signifi-
cant and could potentially affect WIPP's
performance.
On November 19, 2002, DOE submit-
ted its fifth annual WIPP Change Report
detailing changes that occurred between
September 16, 2001, and September 15,
2002. The majority of the reported
changes were to written plans and pro-
cedures used to maintain compliance
with the Certification. We requested sup-
plemental information concerning waste
characterization inspections at various
sites and an updated waste inventory
summary. We completed our review and
determined that the changes were not
significant and that the 2002 Annual
Change Report was complete. We pro-
vided the results to DOE in August 2003.
Our request for information, as well as
previous WIPP Change Reports, can be
found in our recertification Docket A-98-
49 under Categories II-B2 and II-B3.
Lastly, DOE requested and EPA
granted a change of reporting dates for
future Annual Change Reports. DOE pro-
posed to alter the schedule to reflect a
reporting period of July 1-June 30 of the
next year. EPA concurred that the revised
reporting dates would accommodate
more detailed information and analyses.
8 The
Bulletin
December 2OO3
-------
Waste Generator Site Inspections: An Overview
This provides an overview of the process that EPA uses to approve waste characterization activities at DOE WIPP waste
generator sites. It takes into account the revisions to 40 CFR Part 194 that will be finalized in early 2004.
Introduction
EPA regulations governing dis-
posal of transuranic (TRU) waste at
the Waste Isolation Pilot Plant (WIPP)
require that EPA inspect and approve
waste characterization activities at
the Department of Energy (DOE)'s
TRU waste sites. Before waste is ever
sent to WIPP for disposal, EPA con-
ducts inspections at the generator
sites to verify that the Department of
Energy's (DOE) waste characteriza-
tion program in place can measure
and track how much waste goes to
WIPP and what that waste contains.
EPA staff then conduct inspections
annually, or more frequently in cases
where DOE seeks approval of
changes to waste characterization
components warranting new inspec-
tions. This document provides a gen-
eral overview of EPA's inspections
program.
What Does EPA Inspect?
EPA looks at TRU waste site char-
acterization programs to ensure that
all waste going to WIPP will meet dis-
posal requirements (i.e., the WIPP
Certification Decision). EPA regula-
tions require that generator sites
quantify and track the amount and
type of material in each TRU waste
drum destined for disposal at the
WIPR If, after inspection, EPA does
not approve the characterization
process, the site cannot dispose of
the waste at WIPR EPA validates that
the DOE's equipment can detect what
it is intended to detect, that it is work-
ing properly, and that it is operated
by properly trained and qualified
staff. EPA also seeks assurance that
appropriate programs are in place
and meet national standards to verify
the quality of all work.
How Does EPA Conduct These
Inspections?
Before visiting a site, EPA reviews
documents and records to under-
stand site procedures and to identify
items and activities that are most im-
portant to evaluate in person. EPA
visits the generator sites to observe
operations in progress, inspect
equipment, interview operators, and
review procedures. Depending on the
size and complexity of the operation,
multiple inspectors will work to-
gether to ensure important aspects of
the program are inspected.
Who are the Personnel at These
Inspections?
EPA sends staff and contractors
with technical expertise and experi-
ence suitable for the scope of the in-
spection. EPA inspectors are expert in
individual areas of the waste charac-
terization process. There are also
other parties who conduct inspec-
tions to evaluate compliance with
other requirements or regulations.
While these activities are indepen-
dent of EPA's waste characterization
inspections, they are often coordi-
nated to coincide with EPA inspec-
tions. Quality Assurance (QA)
personnel from DOE's Carlsbad Field
Office perform a QA review of site ac-
tivities; DOE QA inspectors deter-
mine whether the site has properly
implemented DOE's waste characteri-
zation procedures and whether the
resulting data meets the data quality
objectives. EPA oversees DOE's QA
activities and will occasionally ob-
serve QA reviews at sites. Staff from
New Mexico Environment Depart-
ment, a State agency regulating dis-
posal of TRU waste mixed with
hazardous waste at WIPP, evaluate
Waste Generator Sites
The waste intended for disposal at
WIPP is currently at about 15 DOE sites
across the U.S. Some of the waste was
produced through past processing of
nuclear materials and production of
atomic weapons. Other waste is being
generated as these sites are cleaned
up.
Since the WIPP began operation in
1998, EPA has approved waste charac-
terization processes at the following
DOE generator sites:
• Hanford Site, Washington
• Idaho National Engineering and
Environmental Laboratory
• Los Alamos National Labora-
tory, New Mexico
• Rocky Flats Environmental
Technology Site, Colorado
• Savannah River Site, South Car-
olina
EPA has also approved several sites
to use the Central Characterization
Project (CCP), a mobile characteriza-
tion facility that DOE has developed to
assist TRU waste generator sites with
complex waste characterization activi-
ties:
• Argonne National Laborato-
ries-East, Illinois
• Nevada Test Site
• Savannah River Site
Sites with pending EPA approval
include:
• Oak Ridge National Laboratory,
Tennessee
• Other small generator/storage sites
• CCP-Los Alamos National Labora-
tory
• CCP - Hanford
The WIPP Bulletin 9
-------
whether the site complies with RCRA
permit related hazardous waste char-
acterization requirements. Represen-
tatives of the Environmental
Evaluation Group, an independent
non-profit technical oversight organi-
zation, may observe inspections re-
lated to WIPR
When Does EPA Conduct
Inspections?
Every generator site requires an
initial baseline inspection by EPA be-
fore it is approved to ship waste to
WIPR EPA inspectors evaluate equip-
ment, procedures, and personnel
training/experience related to a range
of waste characterization compo-
nents. If they are adequate to charac-
terize waste for disposal at WIPR EPA
issues a "baseline approval" that al-
lows the site to dispose of waste at
WIPP (once shipping and other re-
quirements are met).The baseline ap-
proval specifies any limitations on
waste characterization or disposal
(such as restrictions on what waste
streams may be disposed) and any
potentially significant changes in a
site's waste characterization program
that will require additional EPA in-
spections and approvals. These
changes and/or expansions will be
assigned to one of two categories
("tiers"), depending on the required
level of notification and approval out-
lined in the site's initial baseline ap-
proval. Tier 1 waste characterization
activities at a site will have more
stringent reporting requirements
(e.g., require notification by DOE and
approval by EPA prior to shipment of
waste to the WIPP) and will most
likely require additional inspections
whenever any changes to that activ-
ity are made. Tier 2 activities will
have more moderate reporting re-
quirements and EPA may approve
changes to certain activities without a
follow-up inspection (i.e., desktop re-
view and approval of certain techni-
cal documents). EPA will specify the
limitations associated with the as-
signed tier and suggest the type of in-
formation needed for the Agency's
review and approval. DOE will report
any changes in equipment,
processes, or personnel, based on
the site's tier level, and certain
changes must be reported to EPA be-
fore their implementation. EPA will
then decide whether or not a follow-
up inspection is necessary to confirm
and verify the adequacy of any
changes to the site's waste character-
ization program.The scheduling of in-
spections is not done on a set basis,
but according to availability of in-
spectors and any other parties and
the readiness of equipment for in-
spection. Advance notice by EPA
varies accordingly. In addition, EPA is
free to conduct inspections at any
other time it deems that inspections
of a particular site may be warranted.
What is the Result of These
Inspections?
EPA's goal for waste characteriza-
tion inspections is to verify that the
waste characterization processes at
the site function adequately. After an
inspection, EPA produces an inspec-
tion report to describe its findings.
Findings that a specific item or activ-
ity is deemed inadequate usually re-
quire action by DOE to correct the
problem and take steps to ensure it
does not recur. For example, a few
sites we might find that the tracking
of Acceptable Knowledge (AK) data is
inconsistently formatted and/or in-
complete. (AK is the detailed history
of the waste contents, processes, and
origination.) If problems with the AK
data are identified, EPA does not ap-
prove the waste for disposal at WIPR
Once DOE corrects the problems,
EPA's inspection team returns to ver-
ify that the AK data is adequate. If no
further problems are discovered, the
waste can be approved for disposal.
A typical problem identified dur-
ing Quality Assurance (QA) program
inspections has to do with the inde-
pendence of the sites' QA Organiza-
tions. The Nuclear Quality Assurance
standards require that each QA Orga-
nization "report to a management
level such that required authority and
organizational freedom are provided,
including sufficient independence
from cost and schedule considera-
tions." However, the EPA audit teams
find instances where the QA Organi-
zations have not been provided this
degree of independence. In these
cases, EPA returns to the sites to ver-
ify that the problem is corrected and
the QA Organizations are provided
adequate independence.
For our initial baseline inspections,
the inspection report will include pro-
posed tier designations for specific
aspects and components of the site's
waste characterization program. This
proposed tiering scheme will outline
the changes and expansions to cer-
tain waste characterization activities
that will most likely trigger additional
inspections by EPA.
What is DOE's Role in the
Inspection Process?
DOE notifies EPA of a site's desire
to characterize TRU waste for the
WIPP and its readiness to undergo a
baseline inspection. DOE also must
notify EPA when it makes changes to
an approved site program. (Depend-
ing on their significance, and how
they were categorized in the baseline
approval, these changes could
prompt additional inspections, or
could simply be reviewed and ap-
proved by EPA after implementation).
DOE provides all relevant documents
(including site-wide plans and equip-
ment-specific procedures) containing
the site's waste characterization plans
and data quality assurance proce-
dures. DOE must provide full access
to personnel, equipment, and infor-
mation related to an inspection. Fol-
lowing inspection and approval by
EPA, DOE is responsible for correct-
ing findings and operating its sites in
accordance with these certified
processes.
1O The
Bulletin
December 2OO3
-------
What Information Will EPA Provide
to the Public?
EPA makes available to the public
a written statement of the scope of an
inspection, as well as site-wide plans
provided by DOE which form the
basis for our site visit. EPA also
makes public the inspection report
which documents the results of our
inspection, including any problems
identified during the visit. For the ini-
tial baseline inspection at a site, EPA
will also issue a Federal Register no-
tice after the inspection but before is-
suing any approval for the site. The
notice will state the results of the in-
spection, EPA's proposed approval or
disapproval, and any restrictions on
the approval. It will also describe
what changes or expansions in the
waste characterization program
changes will require further EPA in-
spections and approvals. Potentially
significant changes will be assigned
to one of two categories ("tiers"), de-
pending on the required level of noti-
fication and approval. EPA will accept
and consider public comments on all
aspects of the baseline approval.
Once a site has been approved
and waste characterization tiers
have been established, EPA will
announce follow-up inspections on
EPA's WIPP website. Inspection
reports for these follow-up inspec-
tions will continue to be placed in
EPA's WIPP dockets as well.
EPA may also decide to revise the
tiering designations at any site fol-
lowing the initial Baseline Compli-
ance Decision. This decision will be
based on a variety of factors. Some
sites may have a harder time con-
verting to the more robust inspec-
tions regime, and certain aspects of
theirWC program that were strong in
the past may need more intense
scrutiny. Conversely, certain sites will
undoubtedly improve their overall
performance as they become accus-
tomed to the new system, and certain
aspects of their WC program will sub-
sequently require less attention.
If EPA believes that a change in
tiering designation is necessary for
any aspect of a site's waste character-
ization program after the initial base-
line decision, the Agency will notify
the public through our website and
dockets.
Changing an activity to a more
stringent tier (i.e., additional DOE re-
porting requirements for that particu-
lar waste characterization component
or activity) will be effective immedi-
ately and the site will be expected to
operate under the more stringent re-
quirements without delay.
Before moving an activity to a less
stringent tier, EPA will solicit public
comment.The site will continue to
operate under the more stringent tier
designation until public comment
can be considered. The basis to
change the level of oversight for an
activity (i.e., tier designation) will be
described in our inspection reports.
How Can You Get Involved?
You can stay up-to-date on EPA's
inspection activities by visiting our
WIPP website,where we will post up-
dates and other information regard-
ing any upcoming inspections and
site-related decisions. Also, when
EPA is considering whether to ap-
prove new sites to dispose of waste
at WIPP, you can provide comments
on our proposed decision and have
input regarding what future program
changes at the site merit a greater
degree of oversight by EPA in the fu-
ture. As previously mentioned, EPA
will issue a Federal Register notice
after the initial baseline inspection at
each site and open an official com-
ment period. Instructions on submit-
ting comments for these actions will
be included in each of these notices
and will be posted on the WIPP web-
site. Information about the scope and
results of follow-up inspections will
also be announced on the site and in-
spection reports will continue to be
sent to ourWIPP dockets.
As always, EPA will accept com-
ments and questions on our inspec-
tions or other WIPP program
activities at any time. Please feel free
to e-mail us at radiation.ques-
tions@epa.gov.
ACRONYMS:
EPA Environmental Protection Agency
DOE US Department of Energy
TRU Transuranic
CCP Central Characterization Project
QA Quality Assurance
RCRA Resource Conservation and
Recovery Act
WIPP Dockets Locations
EPA Docket Center (EPA/DC)
Air and Radiation Docket
EPA West, Mail Code 6102T
1200 Pennsylvania Ave., N.W.
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
(DocketA-93-02 only, EPA's WIPP
Certification Decision)
New Mexico State Library
1209Camino Carlos Rey
Santa Fe,NM 87505
(505)476-9717
(Docket A-98-49 only,
EPA's WIPP Recertification Decision)
The WIPP Bulletin 11
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WIPP Technical Comer
A Look at Human Intrusion into the WIPP,
Focus on Fluid Injection
In the last Bulletin, we discussed the role of human intrusion
scenarios in assessing the performance of the WIPP. This
time we will focus on a particular human intrusion event
that received much attention during certification: Fluid Injec-
tion. Fluid injection is the process of pumping pressurized fluid
through a borehole into the subsurface.
There are a number of reasons why fluid injection takes
place: to dispose of unwanted fluids such as water produced
when oil is extracted, to dispose of waste water, to enhance oil
recovery, and to dissolve salt to produce potash or to create a
cavity to store oil or gas.
Water used in oil production is usually injected beneath the
Salado salt formation in the Delaware Mountain Group forma-
tions. The Delaware Mountain Group is more than 2000 feet
directly below the WIPP disposal level. The concern at WIPP
is that, under some potential scenarios, injected brine could
migrate from the injection zone, flow into the WIPP disposal
rooms, and transport radionuclides to various exit pathways,
such as other boreholes or through other geological formations
adjacent to the WIPP rooms.
During the original certification, extensive analysis was done
by both EPA and DOE to evaluate the potential impact of this
drilling practice. The EPA concluded that this scenario did not
Injection Well
Land Surface
Borehole
Culebra
Anhydrite
need to be included in the certification performance assess-
ment because Fluid Injection does not occur near WIPP, and if
it did occur, it would not cause releases greater than those al-
ready considered in the performance assessment results.
EPA will require DOE to reevaluate this scenario for the
recertification in 2004 to ensure that it is not now occurring
near WIPP. EPA will also perform its own review to determine
if the methodology used in the original certification
assumptions still holds true today. If this is not the case, then
fluid injection may need to be included in the new performance
assessment calculations.
December 2OO3
United States Environmental
Protection Agency (6608J)
Washington, DC 20460
Official Business
Penalty for Private Use $300
Forwarding Service Requested
First Class Mail
Postage and Fees Paid
EPA
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