WIPP News

View news, recent information and links to WIPP compliance and rulemaking activities from 2014 to present. Updates and information related to EPA's role at the Waste Isolation Pilot Plant (WIPP) will be posted to this page as they are available.

For information and documents that were posted on the WIPP-NEWS page before 2014, please contact [email protected].

On this page:

WIPP Planned Change Request: Replacement Panels 11 and 12

On March 14, 2024, the U.S. Environmental Protection Agency received the U.S. Department of Energy’s (DOE) letter transmitting its Planned Change Request (PCR) for the use of Replacement Panels 11 and 12 in the Waste Isolation Pilot Plant (WIPP). This PCR serves as an official request from DOE for EPA approval, as outlined in the Agency’s WIPP Compliance Criteria (40 CFR Part 194).

The 2014 incident at the WIPP and its subsequent impacts at the facility resulted in a loss of underground disposal capacity, mainly due to closures in the southern portion of the repository. With this submittal, DOE is proposing to add replacement panels 11 and 12 to recover the lost disposal capacity of approximately two panels. These panels were previously approved by the New Mexico Environment Department (NMED) under their hazardous waste permit in October 2023.

The Agency is currently reviewing and evaluating the PCR and supporting documentation, both for completeness and technical adequacy. EPA is reviewing the Performance Assessment (PA) calculations included with the DOE request. EPA’s decision on the DOE request will be made based on whether the submitted information indicates that the WIPP will remain in compliance with EPA’s radioactive waste disposal standards (40 CFR Part 191) with the inclusion of replacement panels 11 and 12.

Update: Federal Register Notice, Opening of Public Comment Period

On October 22, 2024, EPA published a second Federal Register Notice of Availability, reopening the public period on DOE’s PCR for replacement panels 11 and 12. The Agency initially opened a 60-day public comment period via the Federal Register on July 16, 2024, with the initial comment period ending on September 16, 2024. The comment period will remain open until EPA publishes another Federal Register notice specifying the end date of the comment period. EPA will continue to maintain a docket of all received materials related to the DOE request for public review in Regulations.gov (Docket ID#: EPA-HQ-OAR-2024-0309), in addition to maintaining information on this webpage.

EPA held a series of stakeholder meetings in New Mexico (Carlsbad and Santa Fe) during the week of August 26, 2024, to meet with the public and discuss DOE’s PCR. With the public comment period underway via the aforementioned Federal Register notice, the purpose of these meetings was to gather comments from members of the public on the PCR and to provide a facilitated forum for clarifying questions. Staff from the U.S. Department of Energy (DOE) and the New Mexico Environment Department (NMED) were also in attendance. 

In response to stakeholder requests/feedback, EPA will be reopening the public comment period on DOE’s PCR for an additional 60 days. A second Federal Register notice will be published in the near future with additional details. As always, the Agency will continue to update its WIPP-NEWS website and send out notifications on its WIPP-NEWS e-mail listserv when this information becomes available. 

EPA has issued a series of preliminary questions and comments on DOE’s submission. As the Agency continues its evaluation of the PCR, we will continue to update this site when additional correspondence is available.

Informal Zoom Public Meeting: Upcoming Planned Change Request (PCR) for Additional Panels in the Waste Isolation Pilot Plant (WIPP)

WHO: The U.S. Environmental Protection Agency (EPA). Staff from the U.S. Department of Energy (DOE) and the New Mexico Environment Department (NMED) were also in attendance.

WHAT: The EPA held an informal, virtual public meeting to provide information and discuss DOE’s upcoming planned change request for additional panels in the WIPP repository. The purpose of this meeting was to provide an early preview of the PCR, which is expected to be submitted to the Agency sometime in early 2024. DOE presented a very general, high-level overview of what to expect in their future submission, and both EPA and DOE used this opportunity to gather preliminary questions/comments/feedback from the public. 

WHEN: Thursday, December 7th, 2023, from 3:00 PM – 4:30 PM EST (1:00 PM – 2:30 PM MST).

WHERE: Virtual (via Zoom)

QUESTIONS: For additional information on this upcoming planned change request, please stay tuned to EPA’s WIPP website (http://www.epa.gov/radiation/wipp-news) or contact Ray Lee ([email protected]).

Given the preliminary nature of the information (both DOE’s upcoming PCR and EPA’s review process), we wanted to keep the meeting very informal and on a smaller scale. That way, everyone in attendance could take back early aspects of the planned submittal that are most important to them and their respective stakeholder/interest groups. In addition, stakeholders could relay to EPA and DOE what they would like to see covered in the official submission.

All presentations from the meeting can be found below, along with a recording of the meeting via YouTube. (DISCLAIMER: Please note that due to technical difficulties, the first few minutes of the recording—including the opening remarks and introduction by EPA—were unrecoverable. Captions will be provided at a later date.)

Following official submittal of the PCR by DOE, EPA is planning to hold another series of stakeholder meetings in New Mexico sometime in Spring 2024. Please stay tuned for future updates following official submission of the PCR by DOE.

CRA Submission Schedule Change & Updated EPA Guidance

On May 1, 2023, the U.S. Department of Energy (DOE) sent a letter to the U.S. Environmental Protection Agency requesting an update to the submission schedule of the Waste Isolation Pilot Plant (WIPP) Compliance Recertification Application (CRA). After review and consultation with various stakeholders, EPA has approved this change via its response on August 10, 2023. This change will allow submission of the CRA five years after the date of the most recent completeness determination, as published in the Federal Register. The Agency believes that this updated schedule will enable DOE to address the regulatory criteria more fully – permitting more time for scientific and experimental activities that benefit the performance assessment (PA), allowing for more frequent and meaningful scientific exchanges between EPA and DOE, and providing more opportunities for both parties to interact with the public. 

 Under the revised schedule, the Agency expects DOE to submit the next CRA on or before November 26, 2026. This change gives DOE up to an additional two years and eight months to address outstanding issues and improve the CRA development process. The Agency has also updated its guidance document entitled, “Guidance to the U.S. Department of Energy on Preparation for Recertification of the Waste Isolation Pilot Plant with 40 CFR Parts 191 and 194,” to reflect the revised submittal date for future CRAs.

In moving forward with these changes, EPA expects to meet with DOE management after every recertification decision to review outstanding issues and plans for addressing them. With extra time now in the schedule, the Agency looks forward to receiving more robust CRA submissions in the future that incorporate major concerns and issues identified from these meetings. EPA looks forward to working with DOE to ensure that any problems are identified early, and the revised process works smoothly for both agencies and serves the interest of WIPP stakeholders. 

View DOE’s (M. Bollinger) letter to EPA (L. Veal) – Transmitting Recommended Schedule for Future Compliance Recertification Application Submittals (pdf) (134.2 KB)

View EPA’s (J. Edwards) letter to DOE (M. Bollinger) – Transmitting Concurrence on Schedule for Future Compliance Recertification Application Submittals (pdf) (281.93 KB)

View EPA’s Updated “Guidance to the U.S. Department of Energy on Preparation for Recertification of the Waste Isolation Pilot Plant with 40 CFR Parts 191 and 194” (Rev. 1) (pdf) (299.44 KB)

Onsite Technical Review Report for Sandia National Laboratories (DOE/CBFO)

During the week of December 5, 2022, U.S. Environmental Protection Agency (EPA) staff conducted an onsite review of Sandia National Laboratories (SNL) technical investigation practices in Carlsbad, NM. The purpose of the visit was to evaluate how SNL’s current processes are used to identify and correct technical issues in documentation related to the U.S. Department of Energy’s (DOE’s) Compliance Recertification Applications (CRA) before they are submitted to EPA. Specifically, the goal of the visit was to understand how SNL applied its internal review processes on work that would ultimately be applied to the WIPP performance assessment (PA). EPA visited SNL’s WIPP records center and conducted interviews of relevant staff during the visit.

The Agency appreciates the cooperation from DOE and SNL in facilitating unfettered access to records and staff. However, EPA’s overall conclusion is that SNL Carlsbad needs to reassess and strengthen its review process, as well as its current methodologies, to ensure data quality and the integrity of the WIPP PA. EPA’s onsite technical review report and transmittal letter are available below:

View EPA’s (L.Veal) letter to DOE (M. Bollinger) – Transmitting Onsite Technical Review Report of Sandia National Laboratories/Carlsbad (7/31/23) (pdf) (240.25 KB)

View EPA’s Onsite Technical Review Report of Sandia National Laboratories/Carlsbad (pdf) (736.18 KB)

With the findings and discussion points contained in this report, EPA and DOE are hopeful that future WIPP CRAs and corresponding review cycles will continue to be refined and improved.

Biennial Environmental Compliance Report (2020-2022)

Section 9 of the 1992 WIPP Land Withdrawal Act (LWA) specifies that every two years the DOE must demonstrate that the WIPP facility complies with applicable Federal laws pertaining to public health and safety of the environment, including the regulations and permit requirements under such laws. This report is submitted to the EPA as the Biennial Environmental Compliance Report (BECR). Under the WIPP LWA, EPA is mandated to review the information and determine compliance or non-compliance during the reporting period.

After thorough review, the EPA has concluded that, for the reporting period of April 1, 2020, through March 31, 2022, the WIPP has remained in compliance with applicable environmental Federal laws and regulations. The letter from the EPA Administrator, along with all related correspondence and supplemental information, can be found in our docket at the following link:

View the Biennial Environmental Compliance Report (2020 - 2022) and related correspondence.

The EPA anticipates to receive the 2022-2024 BECR from the DOE in late Fall 2024 and will make a determination in Spring 2025.

WIPP 2019 CRA – Recertification Decision

On March 19, 2019, the U.S. Department of Energy (DOE) submitted the third Compliance Recertification Application (CRA) to EPA. This step initiated the recertification process required by Congress. Recertification is a process to verify that changes at the facility in the preceding five-year period comply with EPA's disposal standards for radioactive waste.

On May 3, 2022, EPA recertified the DOE’s WIPP facility, confirming that it continues to comply with the agency's radioactive waste disposal regulations at 40 CFR Part 191, Subparts B and C, as well as with the WIPP Compliance Criteria at 40 CFR Part 194. EPA based its recertification decision on a thorough review of information submitted by DOE, independent technical analyses, and public comments. All of the documents related to the Agency's recertification decision are available through the public docket dedicated to this action:
View Electronic Docket EPA-HQ-OAR-2019-0534

To view the recertification decision and all supplemental information on the CRA-2019, please see:
Certification and Recertification of WIPP

Publication, "The Geochemistry of the Waste Isolation Pilot Plant"

EPA’s 2022 "The Geochemistry of the Waste Isolation Pilot Plant" is a technical report discussing the geochemical concepts and methods used by the Department of Energy in their WIPP Performance Assessment (PA) to estimate potential releases related to specific conditions at the WIPP. The various sections in the report can be used separately or in conjunction with the rest of the document as a primer to give context and background to different models present in the Performance Assessment.

The Geochemistry of the Waste Isolation Pilot Plant (pdf) (5.06 MB) .

WIPP 700-C Fan Restart Information

In December 2020, the U.S. Department of Energy (DOE) notified the EPA that they are planning to restart one of their legacy exhaust fans–the 700-C–to provide increased airflow to the WIPP underground. The fan was initially suspended after the WIPP radiological incident in 2014.

The fan will exhaust unfiltered air from the WIPP underground, and portions of the underground which have very low levels of contamination--below any level of public health concern--will be ventilated by the fan directly to the atmosphere. The Department has already conducted preliminary investigations related to any potential radiological releases caused by operation of the fan related to the workforce, the public and the environment.  This suite of information, in addition to responses to stakeholder questions related to the fan restart, can be found at the DOE’s website below:

View the DOE’s Website on their Planned Restart of the 700-C Ventilation Fan.

On Sunday, January 31st, 3 hours and 45 minutes of the four-hour test for the WIPP 700-C ventilation fan were successfully completed. No anomalies were noted during this test.

View the DOE announcement about testing of the fan. 
View the DOE announcement about the January 31 fan test. 

Update: On October 1, 2021, EPA approved the Department of Energy’s plan to resume use of the 700-C exhaust fan at the Waste Isolation Pilot Plant. This fan has not been in use since the 2014 unplanned release of a small amount of radioactive material into the environment.

View information about the 2014 Radiological Event at WIPP.

EPA approval is not required for the 700-C fan restart because DOE analysis demonstrates that any emissions would fall below one percent (1%) of the regulatory annual limit of 10 millirems. EPA will continue to provide regulatory oversight by reviewing DOE’s compliance reports and performing inspections of the facility.

EPA Letter to DOE on Restart of 700-C Fan at WIPP (pdf) (252.01 KB, September 30, 2021)

View additional information on the DOE's website about the 700-C fan restart.

Informal Virtual Public Meeting WIPP Recertification Discussion

On August 17, 2021, the EPA held an informal, virtual public meeting to provide information and discuss the DOE’s 2019 WIPP CRA and recertification process. Recertification – which occurs every five years since the initial receipt of waste in 1999 – is a process that evaluates changes at the WIPP to determine whether the facility continues to meet all the requirements of the EPA’s disposal regulations. The purpose of this meeting was to discuss the 2019 WIPP CRA, any significant changes at the facility since the previous recertification, as well as gather questions and comments from the public pertaining to recertification. 

The public comment period on the recertification application opened on September 25, 2019, and will continue to remain open until the EPA reaches its completeness determination on the CRA, which will be announced in the near future following this meeting. “Completeness” is a preliminary, administrative step that the EPA makes prior to completing its technical review of the application.

View Slides and Documents from the Informal Virtual Public Meeting.

QUESTIONS: For additional information on the 2019 WIPP CRA and the recertification process—

Receipt of the WIPP 2019 CRA & Opening of the Official Comment Period

On March 19, 2019, the U.S. Department of Energy (DOE) officially submitted the fourth Compliance Recertification Application (CRA) for the Waste Isolation Pilot Plant (WIPP) to the EPA. This step initiated the recertification process required by Congress. Recertification is a process to verify that changes at the facility in the preceding five-year period comply with the Agency's disposal standards for radioactive waste. A Federal Register notice announcing receipt of the application, as well as the official opening of the public comment period and electronic docket for this action, was published on September 25, 2019. To view the aforementioned notice or to submit comments, please visit the link below (via www.regulations.gov):

https://www.regulations.gov/docket?D=EPA-HQ-OAR-2019-0534

Links to the DOE’s full application as well as additional information on the 2019 CRA can be found on our Certification and Recertification of WIPP webpage.

WIPP 2014 CRA – Recertification Decision

On March 26, 2014, the U.S. Department of Energy (DOE) officially submitted the third Compliance Recertification Application (CRA) to EPA. This step initiated the recertification process required by Congress. Recertification is a process to verify that changes at the facility in the preceding five-year period comply with EPA's disposal standards for radioactive waste.

On July 13, 2017, EPA officially recertified the DOE’s WIPP facility, confirming that it continues to comply with the agency's radioactive waste disposal regulations at 40 CFR Part 191, Subparts B and C, as well as with WIPP Compliance Criteria at 40 CFR Part 194. EPA based its recertification decision on a thorough review of information submitted by DOE, independent technical analyses, and public comments. All of the documents related to the Agency's recertification decision are available through the EPA WIPP Dockets.

To view the recertification decision and all supplemental information on the CRA-2014, please see: Certification and Recertification of WIPP.

WIPP Interim Ventilation System (IVS) Approval

The U.S. Environmental Protection Agency (EPA) has completed its review of work undertaken by the Department of Energy (DOE) to qualify Station B for sampling facility exhaust from the Waste Isolation Pilot Plant (WIPP). Based on information supplied by DOE and a subsequent EPA inspection held on April 26-27, 2016, the Agency finds that with the Interim Ventilation System (IVS) added to the existing Underground Ventilation and Filtration System (UVFS), air samples taken at Station B will continue to accurately represent facility exhaust for the purposes of compliance with the public dose limits found at 40 CFR part 191, Subpart A and 40 CFR part 61, Subpart H.

View correspondence between EPA and DOE regarding the interim and supplemental ventilation systems, as well as the inspection report from April 2016, on the WIPP Interim Ventilation System (IVS) Approval Documents page.

Radiological Event at the WIPP (February 2014)

View information related to EPA’s response to the 2014 radiological event at the WIPP.

Panel Closure Redesign Planned Change Request – Final Rule (September 2014)

On September 30, 2014, EPA’s Acting Assistant Administrator for the Office of Air and Radiation, Janet McCabe, signed the final rule approving the U.S. Department of Energy’s (DOE’s) planned change request to implement the Run-of-Mine Salt Panel Closure System (ROMPCS) at the WIPP. This final action modifies a small portion of the WIPP Compliance Criteria (40 CFR Part 194, Appendix A, Condition 1). Rather than installing concrete monoliths and mortared explosion walls (the previously required Option D design), this newly approved panel closure system will make use of mined salt backfill and steel bulkheads to permanently seal waste panels in the repository.  

View the notice of proposed rulemaking and the final rule (published Wednesday, October 8, 2014) in the Federal Register (FR).

View all technical analyses, proposed rule documents and public meeting records in the official docket, EPA-HQ-OAR-2013-0684.

All previous news and information updates related to the planned change request can be found below. 

________________________

On December 3, 2013, the EPA published a Federal Register Notice proposing to approve the U.S. Department of Energy’s (DOE’s) planned change request to implement the Run-of-Mine Salt Panel Closure System (ROMPCS) at the WIPP. The proposed action will modify a small portion of 40 CFR Part 194 (the WIPP Compliance Criteria), Appendix A, Condition 1, to allow an EPA-approved panel closure other than the currently-required Option D design. Rather than utilizing Option D – which requires the installation of concrete monoliths and mortared explosion walls – the new design will make use of mined salt backfill and steel bulkheads to seal waste panels in the repository.

The Agency verified the DOE-provided technical analyses demonstrating that the WIPP containment requirements of 40 CFR Part 191.13 continue to be met with the modified panel closure design. These limits ensure the isolation of transuranic waste from the accessible environment over the 10,000-year regulatory period. The proposed changes reduce costs and impacts on current and future waste emplacement activities. However, they do not lessen the requirements for complying with the Compliance Criteria, nor do these changes impact the technical approach that the EPA will employ when considering any future planned changes to the panel closure system.

The FR notice announcing the proposed rule and accompanying supplemental information can be found in the Agency's official docket, EPA-HQ-OAR-2013-0684. The 60-day comment period closed on February 3, 2014.

The EPA held two public meeting sessions in New Mexico related to the Agency's recent proposed rule regarding DOE's panel closure redesign planned change request. With the formal public formal comment period still underway, the purpose of these meetings was to gather comments from members of the public on the proposed rulemaking and to provide a facilitated forum for clarifying questions. Staff from the U.S. Department of Energy (DOE) and the New Mexico Environment Department (NMED) were in attendance. The details for the meetings were as follows:

Wednesday, January 22, 2014 - Carlsbad, New Mexico
U.S. Department of Energy, Carlsbad Field Office
Skeen-Whitlock Building, Main Auditorium
4021 National Parks Highway
1:00 PM - 4:00 PM

Thursday, January 23, 2014 - Albuquerque, New Mexico
Albuquerque Embassy Suites Hotel & Spa, Sandia Ballroom VI-VIII 
1000 Woodward Place NE
Albuquerque, NM 8710
1:00 PM - 4:00 PM

There were also two informal public meetings held in Carlsbad and Albuquerque, NM in 2012 to get preliminary comments and input from members of the public in advance of the rulemaking and its associated public meetings. Staff from the U.S. Department of Energy (DOE) and the New Mexico Environment Department (NMED) were on hand to answer any stakeholder questions/concerns. The logistics for both meetings in Carlsbad and Santa Fe were as follows:

Wednesday, December 5, 2012 - Carlsbad, New Mexico
U.S. Department of Energy, Carlsbad Field Office
Skeen-Whitlock Building, Main Auditorium
4021 National Parks Highway
9:30 AM – 1:00 PM

Thursday, December 6, 2012 - Santa Fe, New Mexico
New Mexico Environment Department, Harold L. Runnels Building, Auditorium
1190 St. Francis Drive
9:30 AM - 1:00 PM

View meeting notes from all four meetings in the official Docket, EPA-HQ-OAR-2013-0684.

________________________

On September 28, 2011, the U.S. Department of Energy (DOE) provided a planned change request for panel closure redesign, which would modify Condition 1 of the Final WIPP Certification Decision for 40 CFR Part 194.

After 12 years of operating experience, DOE has acquired considerable experience and knowledge regarding the behavior of the WIPP repository, along with the nature and behavior of disposed transuranic (TRU) waste. In EPA's 1998 WIPP Certification Decision, the Agency listed a number of conditions - one of which was that the panel closure system (PCS) to be used in WIPP be "Option D," as specified in DOE's Compliance Certification Application (CCA). This option specified that certain components be constructed using Salado Mass Concrete (SMC).

After numerous large scale tests, DOE states that SMC cannot meet the design and performance requirements for the panel closures as specified in the CCA. Since results from monitoring for explosive gases in the closed panels has established that the measured concentrations of methane and hydrogen will remain below the lower limits through the operational period, the Department has submitted a new panel closure design - the Run-of Mine Panel Closure (ROMPC).

The Department submitted a performance assessment (PA) for the proposed panel closure redesign as part of their documentation package. The results of the PA show that WIPP will remain in compliance with all disposal requirements 40 CFR Part 191, Subparts B and C, and essentially have the same performance as the original Option D design.

The EPA sent the DOE a series of comments related to the initial proposal, and the Department has responded with supplemental information on the panel closure redesign and associated performance assessment (PCS-2012 PA).

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Last updated on October 28, 2024