Waste Isolation Pilot Plant (WIPP)
WIPP News 2004 – 2009
EPA ID: NM4890139088
State ID: 2394
2009
May 22, 2009 – NMED issued a revision to the WIPP Permit today, incorporating all outstanding Class 1 Permit Modification Notifications that had been received by NMED between July 9, 2008 and May 18, 2009. NMED issued this revision to the WIPP Permit in preparation for the Permittees’ submittal of their renewal application, with the expectation that the application will be based upon the most recent version of the Permit posted on this web site. NMED anticipates receiving the renewal application on or before May 29, 2009.
Permit Revision letter sent to Permittees
2008
October 23, 2008 – NMED issued a Final Determination approving a Class 3 PMR to the WIPP Permit that was received by NMED on September 4, 2007. The PMR sought to grant no further action (NFA) status for fifteen Solid Waste Management Units (SWMUs) and eight Areas of Concern (AOCs) at the WIPP facility. On March 7, 2008, NMED issued a draft Permit, a notice of public comment period, and its intent to approve this Class 3 PMR. NMED’s approval of the SWMUs/AOCs proposed for NFA is on the basis that they have been characterized or remediated in accordance with current applicable regulations, and the available data indicate that contaminants pose an acceptable level of risk under current and projected future land use. After considering all public comment, NMED approved the draft Permit without changes.
Final Determination Letter set to Permittees
General Comments Response letter sent to the WIPP Facility Mailing List
March 25, 2008 – NMED issued a Final Determination on two Class 2 PMRs to the WIPP Permit submitted by the Permittees on November 26, 2007. The PMRs included requests to allow the WIPP Operating Record to be maintained in an unalterable, searchable electronic format; monitor each full panel for hydrogen and methane until final panel closure; establish action levels for hydrogen and methane; install substantial barriers and steel bulkheads to isolate a full panel for monitoring purposes; evaluate the monitoring data to determine an appropriate final closure system; revise the location and frequency of volatile organic compound (VOC) monitoring in full panels until final panel closure; inspect and certify the explosion-isolation walls in Panels 1 and 2 and inspect the bulkheads in Panels 3 through 7 until final panel closure; and extend the final closure in Panels 1 through 7 to 2016. After considering all public comment, NMED approved the modification with changes.
Final Determination letter
General Comments Response (April 24, 2008)
Specific Comments Response (April 24, 2008)
March 7, 2008 – NMED issued a draft Permit, a notice of public comment period, and its intent to approve a Class 3 PMR to the WIPP Permit that was received by NMED on September 4, 2007. If approved, this proposed modification would grant NFA status for fifteen SWMUs and eight AOCs at the WIPP facility. NMED’s approval of the SWMUs/AOCs proposed for NFA is on the basis that they have been characterized or remediated in accordance with current applicable regulations, and the available data indicate that contaminants pose an acceptable level of risk under current and projected future land use. The 60-day public comment period will end May 6, 2008. The following documents were released:
Public Notice – describes the proposed action, identifies SWMUs and AOCs considered for NFA, announces locations for public review of the administrative record, the procedures by which public comment may be submitted, the procedure for issuance of the final permit decision, arrangements for persons with disabilities, and availability of additional information.
Fact Sheet – provides the facility description and a brief history of investigation, identifies the administrative record, describes the public participation process, identifies NFA criteria, and provides a complete description of each SWMU and AOC proposed for NFA, including the location, history, evaluation of relevant information, and basis of determination.
Draft Permit – tables in Permit Module VII reflecting NFA status for SWMUs and AOCs
Facility Letter – intent to approve PMR for NFA
Interested Person Letter sent to the WIPP Mailing List
Referenced supporting documents in the administrative record for this proposed action:
NMED’s Technical Support Document, Exclusion/Inclusion of SWMUs and AOCs (1999)
WIPP No Further Action Petition (2002)
NMED Soil Screening Levels (2006)
Thallium Sampling Data Package (2007)
Permittees’ Class 3 PMR Requesting NFA (2007)
AOC Analytical Data (2008)
2007
November 26, 2007 – NMED issued a Notice of Violation and a Compliance Orders against the Permittees, and another Compliance Order against CBFO today. The following documents were released:
Press Release
Notice of Violation (ground-water issues) – issued to Permittees
Compliance Order HWB 07-42 (CO) (AMWTP) – issued to CBFO
Penalty Calculation for HWB 07-42 (CO)
Compliance Order HWB 07-43 (CO) (LANL) – issued to Permittees
Penalty Calculation for HWB 07-43 (CO)
June 22, 2007 – NMED issued a Final Determination on a Class 2 PMR to the WIPP Permit submitted by the Permittees on March 29, 2007. The PMR included requests to revise training requirements for waste confirmation; revise preventative maintenance procedure frequencies; remove the Brush Truck; revise Incident Level II requirements; revise Emergency Operations Center staff requirements; and revise the Contingency Plan. After considering all public comment, NMED approved the modification with changes.
Final Determination letter
General Comments Response letter
Specific Comments Response letter
February 27, 2007 – NMED issued a Final Determination on two Class 1* modification requests submitted on August 31, 2006 and January 11, 2007. The subject of the first Class 1* modification sought to revise the requirements for listing hazardous waste numbers on manifests as required by regulations recently promulgated by the US EPA. The subject of the second Class 1* modification proposed a change in the closure schedule for Panel 3. NMED approved the modifications with minor changes, primarily based upon informal comments received from several organizations and the Permittees. NMED also incorporated numerous other Class 1 notifications received between October 19, 2006 and January 30, 2007.
Final Determination letter
2006
October 16, 2006 – Secretary Ron Curry and Governor Bill Richardson signed the Secretary’s Final Order approving the May 25, 2006 “draft permit as changed” in its entirety. The notice of this decision was served on the Permittees on October 17, 2006, making the effective date for the approved permit November 16, 2006. NMED also responded to all comments received on the Draft Permit.
NMED sent a letter to the Permittees on October 25, 2006, summarizing this final agency action. The letter also granted the Permittees 120 calendar days from the effective date of the Permit to complete the transition to implement generator/storage site waste analysis plan (WAP) requirements.
Secretary’s Final Order Approving Permit dated October 16, 2006
Final Determination letter dated October 25, 2006
General Comments Response letter
Specific Comments Response letter
September 13, 2006 – Hearing officer Rip Harwood submitted his report to NMED Secretary Ron Curry on the Class 3 PMR and draft permit that was subject to hearing May 31 through June 9, 2006. After due consideration of all the evidence, testimony and public comment, and as set forth in the report’s proposed findings of fact and conclusions of law, the hearing officer recommends that the Secretary approve the May 25, 2006 “draft permit as changed” (the result of previous negotiations among the parties) in its entirety.
Administrative Record Index in Adobe Reader (revised June 22, 2006)
Entries in red text are the major PMRs relevant to this permit action. In the column to the far right labeled “Attach”, entries with “No” in red indicate that, while there isn’t an attachment in the correspondence file, there is a document that accompanied the indexed item, such as a substantial PMR or publication. These items are also included in the administrative record. Entries in blue text denote new documents added to the index, while yellow highlighting denote older documents that were referenced in NMED’s technical testimony at the hearing.
June 22, 2006 – NMED updated the index of the administrative record for the draft Permit that was public noticed on November 23, 2005, to include all relevant documents obtained following issuance of the draft Permit through the close of the public hearing on June 9, 2006. The index identifies correspondence and other documents relevant to this permit action. Administrative Record Index (revised June 22, 2006)
Entries in red text are the major PMRs relevant to this permit action. In the column to the far right labeled “Attach”, entries with “No” in red indicate that, while there isn’t an attachment in the correspondence file, there is a document that accompanied the indexed item, such as a substantial PMR or publication. These items are also included in the administrative record. Entries in blue text denote new documents added to the index, while yellow highlighting denote older documents that were referenced in NMED’s technical testimony at the hearing.
May 9, 2006 – NMED concluded negotiations on May 3, 2006 with interested individuals and groups who requested a public hearing on the November 23, 2005 draft Hazardous Waste Facility Permit. These negotiations were conducted pursuant to 20.4.1.901.A(4) NMAC, which states that the NMED, in conjunction with the applicants, must respond to requests for hearings and notices of opposition to draft permits issued under the State Hazardous Waste Act in an effort to resolve those issues that gave rise to the hearing request(s).
NMED filed a notice with the hearing clerk that included a stipulation on changes to language in the draft Permit following two months of negotiations. Some participants in these negotiations agreed on a broad range of issues related to waste characterization, the volume of waste stored and disposed of at WIPP, the acceptance of remote-handled waste, and expanded public notification of specific permit activities. Other participants agreed to some issues while preserving their right to challenge specific areas of disagreement at the public hearing.
These agreements do not limit any person’s ability to participate in the public hearings scheduled in Carlsbad, NM May 31 through June 6 and Santa Fe June 7 through June 9, as noticed below. NMED is offering members of the public an opportunity to review these proposed language changes to the draft Permit before the hearing and to participate in the negotiation process:
Letter of explanation to commenters
Stipulation on changes to language in the draft Permit
Draft Permit with language changes – modules and attachments to the draft Permit with all markings in the November 23, 2005 version accepted, and all additional changes indicated in redline/strikeout format.
NMED also issued a press release regarding the conclusion of the negotiations.
March 28, 2006 – NMED published a notice announcing a rescheduled public hearing on the draft Hazardous Waste Facility Permit issued on November 23, 2005. The public hearing will now begin on Wednesday, May 31, 2006 in Carlsbad, New Mexico and will continue there through Tuesday, June 6. The hearing will reconvene in Santa Fe, New Mexico on Wednesday evening, June 7, and continue through Friday, June 9, or until all persons have been afforded an adequate opportunity to present comment. The following documents are available for public review:
Public Notice
Interested Person Letter
February 27, 2006 – NMED published a notice announcing a public hearing on the draft Hazardous Waste Facility Permit issued on November 23, 2005. The public hearing dates originally noticed on that dates have been superseded by the public notice published on March 28, 2006 above. The following documents are available for public review:
Public Notice
Interested Person Letter
February 23, 2006 – NMED posted all comments on the draft Hazardous Waste Facility Permit that were received by the close of the public comment period. Click the name of the commenter on the Commenter List to view their comment.
January 24, 2006 – NMED published a notice extending the period for submission of public comments and requests for public hearing on the draft Hazardous Waste Facility Permit issued on November 23, 2005. The public comment period is extended through 5:00 PM, February 22, 2006. The date of any public hearing is also postponed until further notice. The following documents are available for public review:
Public Notice
Concerned Citizen Letter
NMED also reissued the index for the administrative record with minor corrections on the final pages (eliminating index #050933 because it was a duplicate, and renumbering the final three entries). See the June 22, 2006 entry above.
January 18, 2006 – NMED received comments on the draft Permit from the Permittees today. They are available for review by the public prior to the close of the public comment period:
Transmittal letter from the Permittees dated January 17, 2006
Comments of the U.S. Department of Energy and Washington TRU Solutions, LLC, Regarding the NMED’s Intent to Approve a Class 3 Permit Modification Request Pursuant to Public Notice 05-16 (1.5 MB)
January 17, 2006 – NMED published an index of the administrative record for the draft Permit that was public noticed on November 23, 2005. The index identifies correspondence and other documents relevant to this permit action. It is available for download in two formats:
Administrative Record Index in Microsoft Excel (see June 22, 2006 entry above)
Administrative Record Index in Adobe Reader (see June 22, 2006 entry above)
Entries in red are the major permit modification requests (PMRs) relevant to this permit action. In the column to the far right labeled “Attach”, entries with “No” in red indicate that, while there isn’t an attachment in the correspondence file, there is a document that accompanied the indexed item, such as a substantial PMR or publication. These items are also included in the administrative record. NMED is also incorporating by reference the administrative record from the original permit hearing in 1999. Finally, NMED is making available for download all figures for the draft Permit in Adobe Reader format. See the November 23, 2005 entry below.
2005
November 23, 2005 – NMED published notice of a public comment period of its intent to approve a Class 3 PMR to the WIPP Hazardous Waste Facility Permit. The PMR, a consolidation of several previous Class 3 PMRs (remote-handled (RH) transuranic (TRU) mixed waste, Section 311 of Pub. L. 108-137, and others) is the most comprehensive proposed modification to the Permit since it was issued on October 27, 1999. The draft Permit issued today proposes to allow the receipt, management, and disposal of RH TRU mixed waste at WIPP; make significant changes to the TRU mixed waste characterization program; create a new TRU mixed waste confirmation program in response to Section 311 of Pub. L. 108-137; increase the capacities in the Waste Handling Building and Parking Area Container Storage Units; increase the capacities in the underground HWDUs, or panels, for TRU mixed waste; and change the method for demonstrating that the underground disposal rooms comply with the environmental performance standards for volatile organic compounds in response to Section 311 of Pub. L. 108-137. The following documents are available for public review:
Public Notice
Fact Sheet
Concerned Citizen Letter
The affected attachments to the permit ( Modules I, II, III, IV, Attachments A, B, B1, B2, B3, B4, B5, B6, B7, C, D, E, F, G, H, H1, H2, I, I3, J1, M, M1, M2, N, and O) included in the draft Permit with changes indicated in redline/strikeout notation are available:
Section 311/RH draft Permit
Figures for the draft Permit:
Attachment B (867 KB)
Attachment B1 (713 KB)
Attachment B2 (169 KB)
Attachment B3 (90 KB)
Attachment B4 (395 KB)
Attachment B7 (867 KB)
Attachment F (2.5 MB)
Attachment G (954 KB)
Attachment H (132 KB)
Attachment I (844 KB)
Attachment J1 (614 (KB)
Attachment M1 (4.4 MB)
Attachment M2 (2.3 MB)
Attachment N (475 KB)
Attachment O (3.9 MB)
The 60-day public comment period ended January 23, 2006.
September 1, 2005 – NMED issued a Notice of Deficiency (NOD) for the June 10, 2005 Consolidated Response to NOD, Class 3 PMR submitted in accordance with Pub. L. 108-137, Section 311, and Second NOD, Class 3 PMR for RH TRU waste. The Permittees submitted this Consolidated Response to address NMED concerns raised in the second NOD on the RH PMR issued on March 29, 2005, and the December 30, 2004 NOD on the Section 311 PMR. NMED had directed the Permittees to develop a consolidated response and PMR that would address both NODs as well as characterization requirements for contact handled (CH) and RH waste in a unified manner. NMED found the revised PMR in the consolidated response to be technically deficient and provided NOD comments listing the requested information necessary for NMED to consider preparation of a draft Permit.
Cover letter with NMED Consolidated Response NOD comments
The Permit was not modified as a result of this administrative action.
July 8, 2005 – NMED issued a Final Determination on two related PMRs: a Class 3 modification request submitted by the Permittees on May 13, 2004, and a Class 1* modification request submitted on February 24, 2005. The subject of the Class 3 modification proposed to allow the construction and use of additional underground Hazardous Waste Disposal Units (HWDUs), or panels, for TRU mixed waste, and was also the subject of a draft Permit issued by NMED on September 17, 2004. The subject of the Class 1* modification proposed a change in the closure schedule for Panel 2. After considering all public comment, NMED approved the modifications with changes, primarily due to inconsistencies between the two modification requests in the dates for activities in Panels 4 through 10. NMED also incorporated numerous other Class 1 notifications received by April 29, 2005. NMED will issue responses to comments at a later date.
Final Determination letter
March 29, 2005 – NMED issued a Second NOD for the June 27, 2002, Class 3 PMR for RH waste submitted by the Permittees on June 28, 2002. NMED had issued the first NOD on the RH PMR on March 5, 2003, and the Permittees had responded to the NOD on May 5, 2003. NMED found this response to be technically deficient as well, but in light of the December 30, 2004 NOD on the Section 311 PMR, NMED directed the Permittees to develop a consolidated response and PMR that would address both CH and RH waste characterization requirements in a unified manner.
Cover letter with NMED RH NOD comments
The Permit was not modified as a result of this administrative action.
2004
December 30, 2004 – NMED issued a NOD for the January 12, 2004, Class 3 PMR submitted by the Permittees in accordance with Public Law 108-137, Section 311. NMED found the PMR to be technically deficient and provided NOD comments listing the requested information necessary for NMED to consider preparation of a draft Permit.
Cover letter with NMED Section 311 NOD comments
The Permit was not modified as a result of this administrative action.
October 29, 2004 – NMED issued a Final Determination on a Class 2 modification request to the WIPP Permit submitted by the Permittees on July 2, 2004. The subject of the modification proposed to prohibit TRU mixed waste from tanks that had ever been managed as high-level waste unless specifically approved through a separate Class 3 PMR. After considering all public comment, NMED approved the modification with changes, such as expanding the prohibition to include a specific list of tanks at Hanford, Savannah River, and INEEL that are covered under the exclusion. NMED will issue responses to comments at a later date.
Final Determination letter
NMED Press Release, November 29, 2004
September 17, 2004 – NMED published notice of a public comment period of its intent to approve a Class 3 modification to the WIPP Hazardous Waste Facility Permit. The draft Permit issued today proposes to allow the construction and use of additional underground HWDUs, or panels, for TRU mixed waste. The following documents are available for public review:
Public Notice
Fact Sheet
Concerned Citizen Letter
The affected attachments to the permit ( Module IV, Attachments A, I, M2, N, and O) included in the draft Permit are available (figures are not included):
New Panels draft Permit
The 45-day public comment period ended November 1, 2004.
August 31, 2004 – NMED issued a compliance order to the Permittees for violations of state hazardous waste management regulations carrying a total civil penalty of nearly $2.4 million. These violations concern shipments of radioactive waste from the Idaho National Engineering and Environmental Laboratory (INEEL) to WIPP between March and July of this year. Further information is available in the following documents:
Compliance Order HWB 04-07 (CO) with transmittal letter
NMED Press Release, August 31, 2004
June 15, 2004 – NMED announced that previously scheduled public hearings for an agency-initiated modification to the WIPP Hazardous Waste Facility Permit have been postponed indefinitely. NMED’s draft Permit proposed to limit waste eligible for disposal at WIPP to the inventory identified when the permit was originally issued. No further action in this proceeding will take place pending a decision on a PMR that the Permittees intend to file that may supplant the NMED agency-initiated modification. Further information may be found in the official Public Notice, the Hearing Officer’s order holding the proceeding in abeyance, and the original News entry for November 26, 2003.
May 21, 2004 – NMED approved a request for temporary authorization to store up to 28 TRUPACT-II shipping containers in the Parking Area Unit (PAU) at WIPP. The existing permit allows up to 12 TRUPACT-IIs to be stored in the PAU. NMED determined that the activities to be approved would comply with the standards for hazardous waste facilities specified in 20.4.1.500 NMAC (incorporating 40 CFR §264), and that the approval would prevent disruption of ongoing waste management activities. This request was precipitated by failure of the waste hoist on May 20 and the inability of the Permittees to repair it in a timely manner, coupled with the backlog of existing stored waste and shipments of waste from generator sites in transit to WIPP.
Request for Temporary Authorization
Approval of Temporary Authorization Request
The Permit was temporarily modified as a result of this administrative action, but reverted back to its original state on Tuesday, May 25, 2004.
May 7, 2004 – NMED issued a Final Determination on two Class 2 modification requests to the WIPP Permit submitted by the Permittees on January 8, 2004. The subject of the modifications were (1) addition of packaging-specific drum age criteria (DAC) for previously approved waste containers; and (2) allow the use of either track or non-track mounted conveyance cars in the waste handling activities. After considering all public comment, NMED approved both modifications with changes. NMED will issue responses to comments at a later date.
Final Determination letter
April 30, 2004 – NMED published notice of revised dates for the public hearing for an agency-initiated modification to the WIPP Hazardous Waste Facility Permit. This draft Permit proposes to limit waste eligible for disposal at WIPP to the inventory identified when the permit was originally issued (known as the Transuranic Waste Baseline Inventory Report, or TWBIR). The first day of the public hearing will be June 1, 2004 at the New Mexico State Capitol Building in Santa Fe. Further information may be found in the official Public Notice.
March 15, 2004 – NMED issued a Final Determination on a Class 2 modification request to the WIPP Permit submitted by the Permittees on November 13, 2003. The subject of the modification proposed elimination of headspace gas sampling and analysis requirements for LANL sealed sources. After considering all public comment, NMED approved the modification with changes. NMED issued responses to comments on March 22, 2004.
Final Determination letter
General Comment Response letter
Direct Response to Comments Spreadsheet
WIPP News links:
1998 to 2003 WIPP News
WIPP News (2010 to Current)