The Environmental Protection Agency's waste isolation pilot plant certification process: The steps leading to our decision

On May 13, 1998, the United States Environmental Protection Agency (EPA) issued its 'final certification decision' to certify that the U. S. Department of Energy's (DOE) Waste Isolation Pilot Plant (WIPP) will comply with the radioactive waste disposal regulations set and the WIPP Compliance Criteria set forth at 40 CFR Parts 191 (US EPA, 1993) and 194 (US EPA, 1996) respectively. The WIPP will be the nation's first deep underground disposal facility for transuranic (TRU) radioactive waste generated as a result of defence activities. Since WIPP is a first-of-a-kind facility EPA's regulatory program contains an abundance of unique technical questions, as well as controversial policy considerations and legal issues. This paper presents the process that EPA undertook to reach its final decision. Oversight of the WIPP facility by EPA is governed by the WIPP Land Withdrawal Act (WIPP LWA), passed initially by Congress in 1992 and amended in 1996. The LWA required EPA to evaluate whether the WIPP will comply with Subparts B and C of 40 CFR Part 191, known as the disposal regulations. The EPA's final certification of compliance will allow the emplacement of radioactive waste in the WIPP to begin, provided that all other applicable health and safety standards have been met. The certification also allows Los Alamos National Laboratory (LANL) to strip TRU waste from specific waste streams for disposal at the WIPP. However, the certification is subject to several conditions, most notably that EPA must approve site-specific waste characterisation measures and quality assurance plans before allowing sites other than LANL to ship waste for disposal at the WIPP