United
                         Erwirertmentsi Prelection
                         Apwy
Air and Radftion
EPA
January 1996
 &EP&     FACT  SHEET
                                      for the
                                (40 CFR Part 194)
                  .

       The U.S, Environmental Protection
Agency (EPA)         the       of
radioactivity from the management,       aod
disposal of radioactive     to protect public
health and the environment from radiation
contamination. This Fact              one of
the key elements in EPA's regulatory program -
EPA's        for the           and
Rectification of the      isolation
                       with 40 CFR Part
191


       The WiPP, which is under development
by the Department of Energy (DOE), is a
        geologic        facility for transuranic
radioactive waste         as by-products (e.g.,
contaminated rags,                and  •
equipment) from nuclear weapons production.
In 1979, Congress authorized the development of
the WIPP as a        and development facility
to demonstrate the          of
waste. The WPP is located in
Mexico, near Carlsbad. If the WPP opens,
     will be                 2,100 feet
underground in excavated, natural salt
formations.

       Congress         the land for the
     to DOE by       the WIPP Land
Withdrawal Act in 1992. The Act        EPA to
t perform

 •     Finalize
       disposal

•                         for determining
       whether the WIPP         with the
       radioactive

       Certify whether the WiPP complies with
       the standards before            can
       begin, and, if the WIPP complies    the
              regulations
 •      Determine whether the WIPP continues
        to be In          with the
                every five
             of tie waste.

        On December 20,1993, EPA
     radioactive                     (40
 CFR 191). These        place     on
                from       that manage,
      and       of               On
 Janyary 30,1995, EPA published and solicited
 comments on Hs Proposed WIPP Compliance
        (40 CFR Part 194) in the
          The Final Compliance Criteria reflect
 both the public's comments on the         rule
 and the                 from EPA's WSPP
 Review Committee of the National Advisory
 Council for Environmental Pojicy and
 Technology.

 USE OF THE

              DOE can       of waste at the
 WIPP, it must
 complies with EPA's
           DOE must sybrntt an          to
 EPA showing how the WIPP      will      the
 standards. The Compliance Criteria, which are
        to the WIPP, will be     by    to
 implement the
           The Criteria clarify the requirements
 of the         and require DOE to provide EPA
 with           of informaion in Hs compliance
 appllcaflon, Tha Compliance Criteria implement
 the following provisions of the


        a) The
           the               be         to
             of           to        levels
  for 10,000         the            its
       for

        b) The
  complement the containment requirements and
  further reduce the likelihood of any radiation
               For         DOE must design

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 both        and      instttuHonat controls.
 These controls will provide confidence that the
 likelihood of future intrusion into the repository by
 drilling for          will be minimized.
 insfituional controls are permanent site
 and              and/or archiving         to
       that relevant information is       on to
 future generalons. Active institutional controls
 include guards patrolling the ale.

        c) The
 provisions  require that tie WSPP be designed to
 Simrt the amount of radiation to which any
 individual can be         They require that
                be         to provide a
                     that for 10,000 years
 after          the annual radiation     to any
 individual     not       15 miliirems per year;
 the equivalent to receiving approximately two
      x-rays per year,

        d) The ground       protection
 provisions                         must be
 designed to provide the      level of protedon
 as provided  by the    Drinking Water Act,

        tn addition, the Compliance Criteria
 contain                      which include:
 the       to which the            to be
         to           ts contents prior to
         in the WPP;         on computer
 models and      that        the performance
 of the WIPP; the           use of expert
 judgrnent in             that support the
 application;  and demonstrations    data and
                      by DOE     been
 adequately peer reviewed, The Criteria
                  for the Agency to modify,
 suspend or revoke                 of the
 WIPP, if

                          FOR
                 '

              DOE        its
 Compliance Certification           to EPA, the
 Agency will  use the Compliance Criteria as the
      for making a        on whether or not the
       will be        as        EPA's
                                  This
.         will be             a
 rulemaking         which is         in tie
 Compliance Criteria, A                 on
 whether or not the WIPP should open'will be
         for public comment Hearings wW be
 held  in New      and all     from the pyblie
 will be considered before the Agency makes its
 final  decision.

        If EPA       that tie           its
          then DOE will         with the
 opening of the WIPP,  Following the        of
 the facility and          Its
 DOE will be        to      a re-cerlflcation
           to EPA every five       The Agency
 will review this          and determine whether
 the WIPP        in compliance with the
                  The public will be
 to       and comment on any re-certsficafion
 application. By iaw, all public comments must be
           by the Agency prior to making a final
 decision on WIPP's          operation.



        In        to the publication of the
 Compliance Criteria, EPA          a
 Backgroynd Information Document describing
 the technical     for           trie criteria; an
 Economic Impact Analysis,          any
 economic        of the       that is not alreacty
         by                 or requirements;
 and a Rasponse4o-Commente Document,
 outlining the Agency's          to public
 comments on the proposed Compliance Criteria.
 This information can be        from any of
 EPA's four dockets. Jhrm        are located in
'        in Albuquerque, Carlsbad and Santa Fe,
 Mew Wtejdeo. The remaining        is located at
 EPA Headquarters in Washington, D.C.

 FOR

        For the                on upcoming
 public hearings and meetings, as well as the
       of EPA      regarding the WIPP,
 callEPA'srecordecS WIPP Information Una at|)
 ^^^^^^^|          of trie public can
      a        for a publication, a        for
 EPA WIPP staff, or        to be       to EPA's
             List

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