A plan for the implementation of assurance requirements in compliance with 40 CFR 191.14 at the Waste Isolation Pilot Plant

The purpose of this document is to describe the Assurance Requirements Implementation Plan for the Waste Isolation Pilot Plant (WIPP). This Plan addresses the requirements that have been promulgated by the US Environmental Protection Agency (EPA) standard ''Environmental Standards for the Management and Disposal of Spent Nuclear Fuel, High-Level and Transuranic Radioactive Wastes; Final Rule'' (The Standard). It should be pointed out that portions of this standard have been vacated and remanded to the EPA by the First Circuit Court (NRDC vs EPA). The reasons for remanding were unrelated to the Assurance Requirement provisions. As a result, it is anticipated that when a new Standard is promulgated, the Assurance Requirements in the current Standard will remain intact. The Second Modification to the Consultation and Cooperation Agreement with the State of New Mexico acknowledges the necessity for continuing ''as though the provisions remain applicable''. The Plan will be revised as necessary in response to any changes in the Standard resulting from the court's decision. The WIPP Project was authorized by Public Law as a defense activity of the US Department of Energy (DOE) with the express purpose of providing a research and development facility to demonstrate the safe disposal of radioactive wastes that result from defense activities of the US. The WIPP Project is exempted from regulation by the Nuclear Regulatory Commission (NRC). The mission of the WIPP Project is to conduct research, demonstration, and siting studies relevant to permanent disposal of transuranic (TRU) wastes. 4 refs