Waste Isolation Pilot Plant

EPA ID: NM4890139088
State ID: 2394

Facility Administrative Record

The links below provide the index of records and links to records that are available electronically. Some records within the index may not be available electronically. If seeking such document(s) please submit an Inspection of Public Records Act (IPRA) Records Request indicating the document(s) you are seeking. The Records Request information can be found at the bottom of this webpage under Records Request.
Facility Record Index
Facility Records

Introduction

On October 27, 1999, the NMED issued a final decision to grant a Hazardous Waste Facility Permit to the US Department of Energy (DOE) for the storage and disposal of transuranic mixed waste. DOE mixed transuranic waste (MTRU) is waste that has a hazardous component and radioactive elements heavier than uranium. Since shipments began in 1999, over 90,000 cubic meters and 12,000 shipments of waste have been shipped to and emplaced at WIPP.

NMED provides regulatory oversight of the hazardous waste facility permit to ensure compliance which includes review and issuance of permit modifications, and observation, review and approval of generator site audits.

Regulatory Authority

A dual regulatory framework exists for mixed-waste. The State of New Mexico’s authority to regulate the hazardous waste at WIPP is governed under the New Mexico Hazardous Waste Act (HWA) and the Resource Conservation and Recovery Act (RCRA). Under RCRA, the State of New Mexico is authorized to operate in lieu of the Environmental Protection Agency (EPA); EPA does not regulate radioactive mixed wastes in those States with an authorized program. New Mexico is authorized by EPA under 50 Fed Reg 1515 (January 11, 1985). New Mexico implements this authority under the HWA, NMSA 1978, §74-4-1 et seq (Repl. Pamp. 2000).

New Mexico does not have the authority to regulate the radiological aspects of the waste at WIPP. This is regulated and granted by certification by EPA’s Radiation Protection Program. EPA issued its second recertification decision for WIPP on November 18, 2010. EPA determined that the DOE WIPP facility continues to comply with the Agency’s waste disposal regulations and compliance criteria. Under this program, before DOE can dispose of waste at the WIPP, it must demonstrate that the waste has been characterized in compliance with the EPA regulations at 40 CFR 194 and meets EPA’s radioactive waste disposal standards (40 CFR 191). For more information on this aspect of the WIPP facility, please see the EPA website: https://www.epa.gov/radiation/epas-role-waste-isolation-pilot-plant-wipp

WIPP Hazardous Waste Facility Permit Mailing Lists

The New Mexico Environment Department (NMED) is required by regulation to maintain a Facility Mailing List as part of its oversight of the Waste Isolation Pilot Plant (WIPP) Hazardous Waste Facility Permit (Permit). NMED, as well as the Department of Energy and Nuclear Waste Partnership, LLC (collectively, the Permittees), use this list to inform stakeholders, including interested members of the public, of comment periods for permit modification requests and draft permits, and final NMED administrative actions on permit decisions, etc. If you wish to add your name to NMED’s WIPP Facility Mailing List, please notify Megan McLean by email at Megan.McLean@env.nm.gov, or by postal mail at Megan McLean, New Mexico Environment Department-Hazardous Waste Bureau, 2905 Rodeo Park East, Bldg. 1, Santa Fe, NM 87505. Please include your name, email (preferred communication method to save resources) or postal mailing address, and organization, if any.

The Permittees are required per Permit Part 1, Section 1.11 to maintain a separate email notification list. The Permittees use this list to notify members of the public concerning actions such as reporting planned changes, reporting anticipated noncompliance, exceedance of repository Volatile Organic Compounds, etc. If you wish to subscribe to the Permittees’ email notification list, email the WIPP Information Center at the following address: INFOCNTR@WIPP.WS.

WIPP Community Forums

Next Forum: Thursday, October 24, 2024, 4:00 – 6:00PM MT, Las Vegas, NM and remotely on Zoom

Registration Links for In-Person or Remote

WIPP Public Involvement Plan (PIP)

WIPP PIP – English [AR 221108]

WIPP PIP – Español [AR 221108.1]

WIPP Permit

The current WIPP Hazardous Waste Facility Permit consists of Parts and Attachments, and is available for viewing online at the NMED WIPP Permit Page.

WIPP News

2024

June 25, 2024 – NMED took final administrative action on the Class 2 Permit Modification Request (PMR) which contained two items: 1) Addition of Four New Shielded Containers; 2) Revise Site Recertification Audit Scheduling from Annual to Graded Approach. NMED approved the PMR with changes. In addition to the Class 2 changes, this revised Permit incorporates two Class 1 Permit Modification Notifications (PMNs). Documents associated with this final Permit may be found below:

To view public comments received, please locate the associated Administrative Record (AR) number on the summary below and search for the AR number in Facility Records (link located at the top of this page). Individual Comments are available in Facility Records as AR 240601.01 – AR 240601.08.

Public Comments Summary [AR 240601]

Permit sections modified by the Class 2 in redline strikeout (RLSO):

The Class 2 PMR and other associated information may be found under the March 29, 2024 and March 6, 2024 WIPP News entries below.

The current (final) Permit may be found on the NMED WIPP Permit Page link located on this page directly above WIPP News.

March 29, 2024 – A proposed Class 2 Permit Modification Request (PMR) was submitted to NMED by the Permittees. The Class 2 PMR contains two items: 1) Addition of Four New Shielded Containers; and 2) Revise Site Certification Audit Scheduling from Annual to Graded Approach. Please see below for public notice announcing an upcoming public meeting and instructions on how to comment; and the Class 2 PMR submittal.

Submit public comment on WIPP Class 2 PMR here: NMED Public Comment Portal.

Please submit your comment by 5PM MT on Monday, June 3.

June 4, 2024 – This comment period has closed. Please see Summary of Public Comments [AR 240601].

Note: Individual Comments are available in Facility Records as AR 240601.01 – AR 240601.08.

March 6, 2024 – A Pre-Submittal Meeting for an upcoming, not yet submitted Class 2 Permit Modification Request (PMR) Package will occur on March 20, 2024 from 2:00-4:00PM MT in Carlsbad, NM and online on the Zoom platform. The Class 2 package includes two proposed PMRs:

Addition of Four New Shielded Containers
Revise Site Certification Audit Scheduling from Annual to Graded Approach

To register to attend the meeting online or in-person, please see the below link:

March 20, 2024 Pre-Submittal Meeting

2023

December 13, 2023 – The Permittees will hold a public meeting to discuss the new Permit requirement for a Legacy TRU Waste Disposal Plan on December 13, 2023 from 2:00 – 4:00 PM MT in person in Carlsbad and online on the Zoom platform. See notification below for registration links and QR codes.

WIPP Information Exchange: December 13, 2-4 PM Meeting [AR 231201]

Link to the Legacy TRU Waste Disposal Plan page of the Department of Energy’s (DOE’s) WIPP website: Legacy TRU Waste Disposal Plan DOE Page

October 4, 2023 – The New Mexico Environment Department Secretary’s delegee, Environmental Protection Division Director Michelle Miano, signed a Final Order Approving the Proposed Final Permit for WIPP for the Ten-Year Renewal. In addition to the Renewal changes, this revised Permit incorporates two Class 1 Permit Modification Notifications (PMNs). The Final Permit may be found on the NMED WIPP Permit Page (link located directly above WIPP News). Associated documents are found below:

Summary of Public Comments Received [AR 230425]

Note: Individual Comments are available in Facility Records as AR 230425.01 – AR 230425.281

For more Renewal information, see WIPP News below under these dates: September 22, 2023, August 15, 2023, June 27, 2023, June 15, 2023, June 9, 2023, May 4, 2023, April 26, 2023, April 7, 2023, February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

September 22, 2023 – Please see the links below to the NMED renewal public meeting presentation and a video recording of the public meeting which was held from 5-7PM September 22, 2023.

For more Renewal information, see WIPP News below under these dates: August 15, 2023, June 27, 2023, June 15, 2023, June 9, 2023, May 4, 2023, April 26, 2023, April 7, 2023, February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

Note: Access to links in the below August 15, 2023 posting are also available on the DOE WIPP webpage through the following link: August 15, 2023 NMED WIPP News Posting.

August 15, 2023 – NMED issued a public notice announcing an upcoming hybrid public meeting in order to provide a venue for the public to ask questions about the final renewal permit. The meeting will be held on September 22, 2023 from 5:00 – 7:00 PM MT. Participants can join the public meeting online on the WebEx platform or in-person in Carlsbad or Santa Fe. NMED is also providing a proposed final permit showing modifications that occurred as a result of the settlement agreement, as well as a table of these changes for ease of review. A Final Permit will be issued by NMED in October 2023 with an effective date 30 days later in November 2023. As agreed during negotiations, the comment period will also remain open until September 22, 2023, the date of the public meeting. While NMED will respond to all comments received, they will not alter the Final Permit in light of the settlement agreement. Please see associated documents below:

For more Renewal information, see WIPP News below under these dates: June 27, 2023, June 15, 2023, June 9, 2023, May 4, 2023, April 26, 2023, April 7, 2023, February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

June 27, 2023 – NMED, in conjunction with the Permittees, successfully negotiated a settlement agreement last week with multiple parties that requested a hearing and that opposed the Renewal Draft Permit. As a result, a hearing will not occur. The NMED Secretary signed a June 26, 2023 notice rescinding previous hearing orders and the hearing officer appointment. Along with a public notice announcing an upcoming public meeting, NMED will make available the final renewal permit containing the modified conditions on August 15, 2023. A Final Permit will be issued by NMED in October 2023 with an effective date 30 days later in November 2023.

In order to provide a venue for the public to ask questions about the final renewal permit, NMED will hold a hybrid public meeting on September 22, 2023. Participants can join the public meeting online or in-person in Carlsbad or Santa Fe.

As agreed during negotiations, the comment period will also remain open until September 22, 2023, the date of the public meeting. While NMED will respond to all comments received, they will not alter the Final Permit in light of the settlement agreement.

Please see NMED’s June 26, 2023 Notice and the Settlement Agreement, as well as a June 27, 2023 Press Release below:

For more Renewal information, see WIPP News below under these dates: June 15, 2023, June 9, 2023, May 4, 2023, April 26, 2023, April 7, 2023, February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

June 15, 2023 – The NMED Secretary has rescinded the May 4, 2023 Order for Judge Jeffrey S. Gulin and appointed Ms. Felicia Orth as Hearing Officer in the matter of the WIPP Renewal Draft Permit Hearing. Please see the June 15, 2023 Hearing Officer Rescindment and Second Order below:

June 15, 2023 Hearing Officer Rescindment and Second Order [AR 230607]

For more Renewal information, see WIPP News below under these dates: June 9, 2023, May 4, 2023, April 26, 2023, April 7, 2023, February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

June 9, 2023 – The NMED HWB has uploaded all comments received thus far on the WIPP Renewal Draft Permit to the WIPP Facility Administrative Record (AR). The WIPP Facility AR can be accessed through the link at the top of this page titled “Facility Records.” To identify a commenter’s individual AR #, please utilize the Summary of Public Comments Index for the Renewal Draft Permit [AR 230425] found below. This document and the AR will be updated on a monthly basis, as needed. Comments continue to be available for viewing in NMED’s Public Comment Portal (link in April 26, 2023 WIPP News entry below).

Summary of Public Comments Index for the Renewal Draft Permit [AR 230425]

For more Renewal information, see WIPP News below under these dates: May 4, 2023, April 26, 2023, April 7, 2023, February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

May 4, 2023 – The NMED Secretary has appointed Judge Jeffrey S. Gulin as Hearing Officer in the matter of the WIPP Renewal Draft Permit Hearing. Please see the May 4, 2023 Hearing Officer Order below:

May 4, 2023 Hearing Officer Order [AR 230506]

For more Renewal information, see WIPP News below under these dates: April 26, 2023, April 7, 2023, February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

April 26, 2023 – The Renewal Draft Permit comment period, which closed on April 19, 2023, has been reopened and will be extended to the close of the public hearing per 20.4.1.901.A.6 NMAC. Please see the April 11, 2023 Hearing Determination Memo and April 26, 2023 Hearing Officer Order signed by the NMED Secretary. All comments received will be considered and added to the Administrative Record. A hearing public notice will be issued by NMED with additional information. The ability to submit a comment, as well as access to comments received under the “View Comments” tab, continues to be available on NMED’s Public Comment Portal. See link below:

Public Comment Portal – WIPP Draft Permit

April 11, 2023 Hearing Determination Memo [AR 230410.5]

April 26, 2023 Hearing Officer Order [AR 230420]

For more Renewal information, see WIPP News below under these dates: April 7, 2023, February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

April 7, 2023 – The NMED Cabinet Secretary has delegated final decision-making authority for the WIPP Permit Renewal to Environmental Protection Division Director Michelle Miano. Please see the April 7, 2023 Delegation Order below:

April 7, 2023 Delegation Order [AR 230403]

For more Renewal information, see WIPP News below under these dates: February 13, 2023, December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

March 24, 2023 – After ensuring compliance with the applicable permit modification regulations at 20.4.1.900 NMAC, incorporating 40 CFR § 270.42, NMED incorporated one Class 1* Permit Modification Notification (PMN), requiring prior agency approval, and two Class 1 PMNs, not requiring prior agency approval, into the Permit. See the Permittees’ PMNs and NMED’s Class 1* approval letter and NMED’s notice of incorporation letter by clicking the links below.

February 13, 2023 – The New Mexico Environment Department has approved a request for a 60-day extension of the WIPP Renewal Draft Permit comment period. The January 24, 2023 request, the NMED approval, and a press release may be found below. The WIPP Renewal Draft Permit comment period will now end on April 19, 2023 at 5:00 p.m.

For more Renewal information, see WIPP News below under these dates: December 20, 2022, December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

2022

December 20, 2022 – The New Mexico Environment Department has determined technical completeness in the Permit Renewal process and is issuing a Public Notice announcing a Renewal draft Permit for public comment. Please see the reissued December 20, 2022 Fact Sheet for detailed and specific information on how to review changes being proposed in the draft Permit. The 60-day public comment period begins December 20, 2022 and will end on February 18, 2023 at 5:00 p.m. The draft Permit, Public Notice, re-issued Fact Sheet, and other information are provided below.

December 20, 2022 NMED Public Notice – English [AR 221219]

December 20, 2022 NMED Public Notice – Español [AR 221219.1]

December 20, 2022 NMED Fact Sheet – English [AR 221220]

December 20, 2022 NMED Fact Sheet – Español [AR 221220.1]

The December 20, 2022 Fact Sheet above is key to understanding how to review the draft Permit changes being proposed by both NMED and the Permittees. The RENEWAL DRAFT PERMIT, comprising all Permit Parts and Attachments, can be found as a folder below:

December 20, 2022 Renewal Draft Permit [AR 221218]

The Permittees’ original Renewal Application and Updated Redline Strikeout (RLSO) for the Renewal Application, as well as their 45-Day and 60-Day Technical Incompleteness Determination (TID) Responses, can be found below:

See Public Notice or Fact Sheet above for information on how to comment by email or postal mail.

Or use our new Public Comment Portal. Please click on this link and fill out your comment:

Waste Isolation Pilot Plant Permit Renewal Public Comment (commentinput.com)

Video: How to use the new Public Comment Portal [AR 221224]

The Permit Renewal Application and Updated RLSO continue to be – and the draft Permit, Public Notice, and Fact Sheets now are – available at the hardcopy Information Repositories listed below:

NMED – DOE Oversight Bureau, 406 N. Guadalupe, Suite C, Carlsbad, NM, 575-885-9023
Carlsbad Public Library, 101 S Halagueno Street, Carlsbad, NM, 575-885-6776
NMED – HWB, 2905 Rodeo Park Drive East, Bldg. 1, Santa Fe, NM, 505-476-6000
Santa Fe Public Library – La Farge Branch, 1730 Llano Street, Santa Fe, NM, 505-955-4860

For more Renewal information, see WIPP News below under these dates: December 8, 2022, August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

December 8, 2022 – To provide an update about the Permit Renewal process, NMED issued a Renewal Fact Sheet today, announcing the upcoming issuance of the Renewal draft Permit on December 20, 2022. Among other information, today’s Fact Sheet summarizes NMED’s proposed changes in the draft Permit. The Fact Sheet will be reissued, along with a Public Notice and the draft Permit, on December 20, 2022. See today’s Fact Sheet in English and Spanish, as well as the Press Release, below:

December 8, 2022 Renewal Fact Sheet – English [AR 221207]

December 8, 2022 Renewal Fact Sheet – Español [AR 221207.1]

December 8, 2022 Press Release – English [AR 221208]

December 8, 2022 Press Release – Español [AR 221208.1]

For more Renewal information, see WIPP News below under these dates: August 26, 2022, May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

November 16, 2022 – After ensuring compliance with the applicable permit modification regulations at 20.4.1.900 NMAC, incorporating 40 CFR § 270.42, NMED incorporated five Class 1 permit modification notifications (PMNs) into the Permit. See the Permittees’ PMNs and NMED’s letter by clicking the links below.

August 26, 2022 – The NMED Cabinet Secretary has delegated decision-making authority for the Permit Renewal Application to Deputy Cabinet Secretary Stringer. Please see the August 26, 2022 Delegation Order below:

August 26, 2022 Delegation Order [AR 220811]

For more Renewal information, see WIPP News below under these dates: May 13, 2022, April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

May 13, 2022 – NMED issued a Technical Incompleteness Determination (TID) for the Permit Renewal Application. The TID is provided below, as well as the June 27, 2022 45-Day TID Response and the July 12, 2022 60-Day TID Response:

For more Renewal information, see WIPP News below under these dates: April 20, 2022, March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

April 20, 2022 – NMED hosted a stakeholder engagement meeting to discuss the Permit Renewal. The presentation and a link to a recording of the meeting on the NMED YouTube channel are provided below:

For more Renewal information, see WIPP News below under these dates: March 17, 2022, December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

March 17, 2022 – Consolidation of July 30, 2021 Class 3 Permit Modification Request (PMR) for Panels 11 and 12 with Permit Renewal. On March 17, 2022, the Permittees submitted the updated redline strikeout (RLSO) of the Renewal Application, requested by NMED on December 17, 2021. Please see documents associated with this action below:

For more Renewal information, see WIPP News below under these dates: December 17, 2021, August 3, 2021, August 28, 2020, and March 31, 2020.

February 11, 2022 – NMED took final administrative action on the Class 2 Permit Modification Request (PMR) entitled “Update Panel 8 Volatile Organic Compound Room-Based Limits.” NMED approved the PMR with changes. In addition to the Class 2 changes, this revised Permit incorporates one Class 1 Permit Modification Notification (PMN). Documents associated with this final Permit may be found below:

January 31, 2022 Class 1 PMN [AR 220119]

Public Comments Summary [AR 211210]

Permit Sections Modified by the Class 2 in redline strikeout (RLSO):

The Class 2 PMR and other associated documents may be found under the October 15, 2021 WIPP News entry below.

The final Permit may be found on the NMED WIPP Permit Page link located on this page directly above WIPP News.

2021

December 17, 2021 – The New Mexico Environment Department (NMED) has made the decision to consolidate the Class 3 Permit Modification Request (PMR) entitled “Construction and Use of Hazardous Waste Disposal Units 11 and 12,” submitted July 30, 2021, with the Permit Renewal Application, submitted March 31, 2020. Please see the NMED letter below:

December 17, 2021 NMED Decision to Consolidate Permit Actions [AR 211208]

For more information, see WIPP News below under these dates: August 3, 2021, August 28, 2020, and March 31, 2020.

October 27, 2021 – The New Mexico Environment Department (NMED) Secretary signed a Final Order approving a draft Permit as a final WIPP Hazardous Waste Facility Permit (Permit), incorporating the following Class 3 Permit Modification Request: “Excavation of a New Shaft and Associated Connecting Drifts,” submitted August 15, 2019. In addition to the Class 3 changes, this revised Permit incorporates three Class 1 Permit Modification Notifications (PMNs). Documents associated with this final Permit may be found below:

Public Comments Received by the Hearing Clerk

Permit Sections Modified by the Class 3 in redline strikeout (RLSO):

For more information, see WIPP News below under these dates: March 10, 2021, December 11, 2020, November 18, 2020, June 12, 2020.

October 15, 2021 – The Permittees submitted a Class 2 Permit Modification Request (PMR) to Update Panel 8 Volatile Organic Compounds (VOC) Room-Based Limits. A 60-day PMR public comment period began on October 19, 2021 and will end on December 20, 2021 at 5:00 p.m. A Public Meeting will be held in Carlsbad, NM and remotely via Zoom on November 9, 2021.

The Class 2 PMR and associated Public Notice is provided below.

Notification has been sent to the Permittees that NMED will make its decision on the October 15, 2021 Class 2 PMR no later than February 12, 2022. The notification letter is provided below.

January 11, 2022 Notice of Extension for Class 2 Permit Modification Decision [AR 220105]

August 3, 2021 – The Permittees issued a Public Notice announcing the submittal of a Class 3 Permit Modification Request (PMR) entitled “Construction and Use of Hazardous Waste Disposal Units 11 and 12.” A 60-day PMR public comment period began on August 6, 2021 and will end on October 4, 2021 at 5:00 p.m. A Public Meeting will be held in Carlsbad, NM and remotely via Zoom on September 2, 2021.

The Class 3 PMR and associated Public Notice is provided below.

March 10, 2021 – NMED is issuing a Hearing Public Notice on March 18, 2021, announcing a public hearing and opportunity for public comment regarding the Class 3 Permit Modification Request entitled “Excavation of a New Shaft and Associated Connecting Drifts.” The Hearing Public Notice, as well as an Updated Fact Sheet, are provided below. Please note: These documents have been corrected to denote public hearing times in MDT, the correct time zone in May.

On February 12, 2021, the Hearing Officer issued a Scheduling Order. On February 26, 2021, the Hearing Officer issued a Pre-Hearing Order and Instructions. Both documents are provided below.

On March 30, 2021, the Hearing Officer issued an Amended Scheduling Order. On April 1, 2021, the Hearing Office issued a sua sponte Order extending a deadline to oppose motions. These documents are provided below.

On April 23, 2021, the Hearing Office issued an Order Denying a Motion to Dismiss. On April 26, 2021, the Hearing Officer issued an Order Granting In-Part NMED’s Motion In Limine. These documents are provided below.

On May 4, 2021, NMED submitted the Administrative Record (AR) for the Public Hearing beginning on May 17, 2021. Provided below is the AR Index in English and Spanish as well as a link to the folder containing all AR documents.

On May 11, 2021, the Hearing Officer issued a Pre-Hearing Order. This document is provided below:

May 11, 2021 Pre-Hearing Order

On June 16, 2021, the Hearing Clerk issued a Notice of Transcript Filing, announcing the availability of and an opportunity to view the Public Hearing transcript for this proceeding. See Notice below.

June 16, 2021 Notice of Transcript Filing

On September 14, 2021, the Hearing Officer’s Final Report and Recommended Decision was issued along with a Proposed Final Order. These documents may be found below:

See also WIPP News for December 11, 2020, November 18, 2020,and June 12, 2020 below for more information.

2020

December 11, 2020 – NMED has updated the Administrative Record (AR) Index and AR folder for the Class 3 Permit Modification entitled “Excavation of a New Shaft and Associated Connecting Drifts.” Documents added to the AR since the June 12, 2020 draft Permit issuance are listed on the Index provided below. All documents listed may be accessed in the folder below, designated AR 200613.

NMED has issued a Request for Information to the Permittees Regarding the Expiration of the Shaft Temporary Authorization. See December 11, 2020 Request for Information below. The Permittees provided a Response to the Information Request Regarding the Expiration of the Shaft Temporary Authorization on January 8, 2021. See January 8, 2021 Response to the Information Request below.

See also WIPP News for November 18, 2020 and June 12, 2020 below for more information.

November 18, 2020 – NMED has denied the September 9, 2020 Temporary Authorization Re-Issuance Request received from the Permittees to continue activities associated with the Class 3 Permit Modification Request (PMR) entitled “Excavation of a New Shaft and Associated Connecting Drifts.” The Temporary Authorization (TA) was previously approved on April 24, 2020 and expired on October 24, 2020.

On September 29, 2020, NMED conducted an inspection of the shaft activities allowed under the TA. An NMED inspection report and the Permittees’ October 16, 2020 response to a verbal information request are linked below.

On November 5, 2020, the Permittees notified NMED of the implementation of Scenario 1 as described in their October 16, 2020 Response to Information Request Regarding Schedule and Work Stoppages for the Excavation of Shaft #5.

All referenced documents are linked below.

See also WIPP News for June 12, 2020 below for more information.

August 28, 2020 – NMED is issuing a Public Notice announcing the availability of the Permit Renewal Application (“Renewal Application”) for review. The Renewal Application can be found at the links provided below:

Hard copies of the Renewal Application may also be reviewed at the following locations:

Carlsbad Public Library, 101 S Halagueno Street, Carlsbad, NM 88220, 575-885-6776
Santa Fe Public Library – La Farge Branch, 1730 Llano Street, Santa Fe, NM 87505, 505-955-4860

IMPORTANT: Note there is no formal comment period at this time. This is a notice of submittal and availability for review of the Renewal Application. A Public Notice will announce a formal comment period once NMED issues a draft Permit for public review later in the Permit Renewal process

See also WIPP News for March 31, 2020 below for more information.

August 25, 2020 – After ensuring compliance with the applicable permit modification regulations at 20.4.1.900 NMAC, incorporating 40 CFR § 270.42, NMED incorporated a Class 1 permit modification into the Permit. The Permittees submitted the Class 1 permit modification on July 23, 2020. See the Permittees’ notification and NMED’s letter by clicking the links below.

The current Permit can be found by going to the NMED WIPP Permit Page.

June 12, 2020 – The New Mexico Environment Department has determined technical completeness and is issuing a Public Notice announcing a draft Permit for public comment for the Class 3 Permit Modification Request (PMR) entitled “Excavation of a New Shaft and Associated Connecting Drifts.” The 60-day draft Permit public comment period begins today and will end on August 11, 2020 at 5:00 p.m.

The draft Permit, Fact Sheet, Public Notice, and other information is provided below.

Note: The Class 3 Shaft draft Permit, Fact Sheet, and Public Notice continue to be available in hardcopy at the libraries listed below:

Carlsbad Public Library, 101 S Halagueno Street, Carlsbad, NM 88220, 575-885-6776
Santa Fe Public Library – La Farge Branch, 1730 Llano Street, Santa Fe, NM 87505, 505-955-4860

May 20, 2020 – After ensuring compliance with the applicable permit modification regulations at 20.4.1.900 NMAC, incorporating 40 CFR § 270.42, NMED incorporated a Class 1 permit modification into the Permit. The Permittees submitted the Class 1 permit modification on April 21, 2020. See the Permittees’ notification and NMED’s letter by clicking the links below.

The current Permit can be found by going to the NMED WIPP Permit Page.

April 24, 2020 – After ensuring compliance with the applicable requests for Temporary Authorization regulations at 20.4.1.900 NMAC, incorporating 40 CFR
§270.42, NMED has approved a request for Temporary Authorization that was submitted by the Permittees. To see the Permittees’ Request and NMED’s letter, click on the links below.

March 31, 2020 – The Permittees have submitted their 10-Year Permit Renewal Application. Click the link provided to be redirected to the US Department of Energy WIPP homepage to view the application. You can also see the cover letter by clicking here.

February 21, 2020 – After ensuring compliance with the applicable permit modification regulations at 20.4.1.900 NMAC, incorporating 40 CFR § 270.42, NMED incorporated two Class 1 permit modifications into the Permit. The Permittees submitted both Class 1 permit modifications on February 7, 2020. See the Permittees’ notifications and NMED’s letter by clicking the links below.

The current Permit can be found by going to the NMED WIPP Permit Page.

January 24, 2020 – NMED took final administrative action on the Class 2 Permit Modification Request (PMR) seeking the removal of seven deteriorating and non-essential water level monitoring program wells. NMED approved the PMR with changes. Concurrently, NMED incorporated three Class 1 modifications into the Permit after ensuring compliance with the applicable Permit modification regulations at 20.4.1.900 NMAC, incorporating 40 CFR § 270.42. See NMED’s letters, public comments and NMED’s response to comments on the Class 2 PMR, the Permittees’ Class 2 PMR and Class 1 modifications, and the applicable sections of the Permit that were modified (redline strikeout) by clicking the links below.

The current Permit can be found by going to the NMED WIPP Permit Page.

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