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.
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 all 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 application, EPA asked for additional information, which DOE submitted throughout the following months. On May 16, 1997, EPA declared DOE’s application complete. If the agency certifies that the WIPP meets EPA disposal standards (and assuming no other legal issues are pending), the facility can begin accepting waste 30 days after receipt of certification, or as early as May 1998.
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 Procedures Act, and the agency’s proposed decision on whether the WIPP should open will be available for public comment. EPA will hold public hearings on the proposed decision 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.