Certified Mail  Return Receipt Requested




August 8, 2000




Dr. Inés Triay, Manager                                  Mr. Joe Epstein, General Manager

Carlsbad Area Office                                      Westinghouse Waste Isolation Division

Department of Energy                                             P.O. Box 2078

P. O. Box 3090                                             Carlsbad, New Mexico 88221‑5608

Carlsbad, New Mexico 88221‑3090


RE:    Final Determination, Class 2 Modification Requests

WIPP Hazardous Waste Facility Permit

EPA I.D. Number NM4890139088


Dear Dr. Triay and Mr. Epstein:


The New Mexico Environment Department (NMED) hereby approves the Class 2 permit modification requests to the WIPP Hazardous Waste Facility Permit as submitted to the Hazardous Waste Bureau (HWB) in the following documents:



These modifications were processed by NMED in accordance with the requirements specified in NMAC (incorporating 40 CFR §270.42(b)). The approved modifications are incorporated in the following attachments:



An additional attachment, containing the clean replacement modules and attachments to the permit affected by these modifications, will be provided under separate cover at a later date.


WIPP is requested to place Attachment 1 in the front of the permit to provide a historical record of modifications (other than Class 1 modifications) to the permit. The effective date of the permit modification approval is your date of receipt of this letter.


For purposes of version control, please note that the date of these modified pages, modules, and attachments has been established as August 8, 2000. These modified pages also include all Class 1 modifications implemented under the conditions specified in NMAC (incorporating 40 CFR §270.42(a)(1)), as identified in the August 4, 2000 administrative completeness determination issued by HWB.


These Class 2 modifications were subject to  sixty (60) day public comment periods, which ran from April 12 through June 12, 2000 for the April 7, 2000 submittal, and from April 26 through June 26, 2000 for the April 20, 2000 submittal. Due to public confusion over the appropriate comment deadlines, NMED accepted all comments submitted by the latest deadline. NMED received written comments from twenty-two individuals and organizations during this time. The list of commentors and NMED’s responses to these comments are incorporated in the following attachments:


·       Attachment 3 is a list of commentors, their affiliation, the date their comment was received, and a breakdown of the comment topic areas.

·       Attachment 4 is a spreadsheet providing NMED’s direct response to each comment submitted. This document will be mailed to each individual commentor.

·       Attachment 5 is a general summary of the permit modification requests, the typical comments received, and NMED’s general response to those comments. This document will be mailed to all other individuals and organizations on NMED’s WIPP facility mailing list.


If you have any questions regarding this matter, please contact Steve Zappe at (505) 827-1560, x1013.





Gregory J. Lewis


Water and Waste Management Division






cc w/all attachments:

Connie Walker, TechLaw

         File: Red WIPP ‘00


cc w/o Attachment 2:

         James Bearzi, NMED HWB

         John Kieling, NMED HWB

Steve Zappe, NMED HWB

Susan McMichael, NMED OGC

David Neleigh, EPA Region 6