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DOE cannot dispose of transuranic waste at the WIPP until EPA has certified that the facility complies with EPA disposal standards, the New Mexico Environment Department (NMED) has issued a disposal permit regulating the hazardous constituents in transuranic mixed waste, and DOE has issued a final environmental impact statement for the WIPP. All these activities are conducted with input from the public. The WIPP Land Withdrawal Act gave EPA responsibility for determining whether to issue a certification of compliance to the WIPP. Without this certification, which indicates that the WIPP will comply with EPA disposal standards for transuranic wastes, the WIPP cannot open. By law, EPA must make a certification decision within one year of receiving a complete application from DOE. On October 29, 1996, DOE applied for a certification of compliance from EPA. After reviewing the DOE compliance certification application, EPA asked for additional information, which DOE submitted throughout the following months. On May 16, 1997, EPA declared DOE?s application complete. On May 13, 1998, EPA issued a certification that the WIPP meets standards to protect the public health and the environment from the harmful effects of radiation. EPA's decision allows DOE to begin disposing radioactive waste in the WIPP once all other applicable health and safety standards have been met. Public Participation in WIPP Decision Making Government decisions about the WIPP are constrained by a wide range of laws and regulations covering nuclear waste, hazardous waste, transportation, environmental pollution, and even the procedures by which the government makes decisions. Some decisions about the WIPP have already been made, and citizens have been involved in the decision making through federal and state government agencies, such as EPA, DOE, and NMED, and also through their elected representatives in the White House, Congress, and state government. The agencies involved have sought public participation through public meetings, hearings, comment periods, and other mechanisms. EPA?s decision on whether to certify that the WIPP complies with its radioactive waste disposal standards will be made through a public rulemaking process, in accordance with the Administrative Procedure Act (APA). As required by the APA, the agency?s proposed decision on whether the WIPP should open was available for public comment for 120 days. EPA held public hearings on the proposed decision in New Mexico and will consider and respond to public comments received before reaching a final decision. At the state level, before issuing DOE a hazardous waste disposal permit for the WIPP, NMED will issue a draft permit for public comment. NMED publishes notices in newspapers of general and local circulation throughout New Mexico. It is likely that NMED will also hold a public hearing to obtain comments on the draft permit. Background on the WIPP Certification Decision
What is the Waste Isolation Pilot Plant (WIPP)? The Waste Isolation Pilot Plant (WIPP) is a facility in southeastern New Mexico designed for disposal of transuranic waste. This waste consists mainly of protective clothing, rags, glassware, sludges, and other equipment that became contaminated with certain radioactive elements during the production of nuclear weapons in the United States. The U.S. Department of Energy (DOE) owns and operates the WIPP. The WIPP is located on a 16-square-mile tract of federal land 26 miles south of Carlsbad. The waste repository lies within a thick layer of rock salt 2,150 feet below the land's surface. Who decides whether to open the WIPP to receive waste? The Secretary of DOE is responsible for deciding whether to open the WIPP. The Secretary cannot open the WIPP until the Administrator of the U.S. Environmental Protection Agency (EPA) has granted a certification indicating that the WIPP has complied with EPA's disposal standards for radioactive waste. EPA will certify WIPP's compliance with disposal standards if DOE can demonstrate that waste at the WIPP will be sufficiently isolated from the human environment for at least 10,000 years. DOE applied for this certification by submitting a Compliance Certification Application to EPA on October 29, 1996. In addition to obtaining EPA's certification of compliance, DOE must also obtain permits from the New Mexico Environment Department before the WIPP can open. Finally, DOE must also issue a Final Environmental Impact Statement. How does DOE assess whether the WIPP will be safe in the future? To assess the WIPP's ability to sufficiently isolate radioactive waste from humans and the environment, DOE must make predictions about future conditions, such as changes in climate, precipitation, and geology. Using these predictions, DOE then develops models to evaluate the WIPP's performance under different conditions in the future. DOE must also determine the possible consequences of unintentional human intrusion into the waste depository and demonstrate that any intrusion would not result in undue radiation exposures to future generations. Why is EPA's review of DOE's WIPP application important? Before making a final certification decision, EPA will evaluate many aspects of the WIPP application, including, for example, the results of DOE's performance assessment, waste characterization, and quality assurance. A performance assessment is conducted to estimate the ability of the WIPP to protect public health and the environment. This is done by predicting radiation releases, while considering uncertainties. Waste characterization is the process of determining the chemical, radiological, and physical properties of the materials to be disposed of. Proper characterization of waste slated for disposal at the WIPP is essential to assessing whether the repository will safely contain the waste. The soundness of the WIPP performance assessment will depend on whether it was subject to an appropriate quality assurance program. In the course of its certification decision process, EPA is evaluating DOE's quality assurance programs for computer modeling, data collection, and analysis. What will DOE do to keep people from disturbing the WIPP site? EPA standards require DOE to take measures to discourage people from disturbing the WIPP site. "Active" controls, which involve human maintenance in the near future, include such measures as routine security patrols and security fences. "Passive" controls, which are intended to convey information far into the future about site hazards, include permanent site markers, controls on land use in the area, and archived documents. Where is there more information available about the WIPP? To learn more about EPA's certification process, call (800) 331-WIPP ((800) 331-9477), or visit the EPA WIPP home page at http://www.epa/gov/radiation/wipp or the National Safety Council, Environmental Health Center home page at ../../index.aspx/ehc.aspx. |
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