Planned Change Request for Waste Isolation Pilot Plant Replacement Panels 11 and 12; Reopening of Public Comment Period

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Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2024-0309, at https://www.regulations.gov (our preferred method), or the other methods identified in the ADDRESSES section.

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I. Background

The Waste Isolation Pilot Plant (WIPP) is a transuranic (TRU) radioactive waste disposal system developed by the DOE that is located near Carlsbad in southeastern New Mexico. TRU radioactive waste is emplaced about 650 meters (2,150 feet) underground in an ancient layer of salt that will eventually “creep,” encapsulate, and isolate the waste from the surrounding environment. The 1992 WIPP Land Withdrawal Act (Pub. L. 102-579) (LWA) limits radioactive waste disposal in the WIPP to TRU radioactive wastes generated by defense-related activities. The WIPP LWA provides EPA with authority to oversee and regulate the WIPP. The WIPP must meet EPA's generic radioactive waste disposal standards at 40 CFR part 191, subparts B and C. These standards limit releases of radioactive materials from disposal systems for radioactive waste and require implementation of measures to provide confidence for compliance with the radiation release limits. Additionally, the regulations limit radiation doses to members of the public and protect ground water resources by establishing maximum concentrations for radionuclides in ground water.

In 1996, the Agency issued the WIPP Compliance Criteria, which are located at 40 CFR part 194, as mandated by WIPP LWA, section 8(c). DOE submitted the initial WIPP Compliance Certification Application (CCA) in 1996. The Agency then issued the certification decision on May 18, 1998, determining that the WIPP met the standards for radioactive waste disposal. Since the 1998 certification decision, EPA has conducted ongoing independent technical reviews, certification/recertifications, and inspections of all WIPP activities related to compliance with the Agency's disposal regulations. The WIPP has been recertified four times since the initial CCA in 1996, with the most recent recertification decision occurring in 2022.

As part of the original design of the WIPP repository in the initial CCA, the underground waste disposal region at WIPP is divided into panels. A panel is a group of rooms mined into the salt, connected by tunnels called drifts. EPA certified the WIPP in 1998 and most recently recertified the WIPP in 2022 based on a planned footprint of 10 waste panels.

On March 14, 2024, EPA received a planned change request (PCR) from DOE per 40 CFR 194.4(b)(3) that seeks the Agency's approval to add two replacement waste panels to the west of the current repository. These two panels, 11 and 12, are being constructed to replace waste disposal volume that was lost in panels 7 and 9 due to the 2014 radiological release that contaminated the south end of the repository. Additionally, panels 1 and 2 were not completely filled due to ground control issues from being kept open so long before waste was emplaced. DOE has calculated that to replace the volume lost, 1.7 panels of waste volume will be needed, rounded up to 2 panels for construction. DOE also states that the waste volume with panels 11 and 12 will not exceed the LWA waste disposal volume limit. The PCR contains a performance assessment DOE has conducted to support a demonstration that the repository will continue to meet the numeric release limits of EPA's disposal regulations for the WIPP. As part of the performance assessment, DOE calculated releases based on a repository design of 19 panels, which is the anticipated WIPP repository configuration at the time of closure. With this PCR, DOE is only seeking EPA's approval of the two new planned panels and has provided documentation to address the two new panels within the context of the 19-panel design. DOE would have to submit a separate request for approval of any additional panels beyond panels 11 and 12.

II. Request for Comments

A 60-day comment period provided for comments on the PCR ended on September 16, 2024. During this comment period a request for an extension to the comment period was received from several stakeholders, most recently at the Agency's informal public meetings held in New Mexico in late August.

The Agency is reopening the comment period and soliciting public comment on DOE's documentation of its PCR to add two new waste panels—panels 11 and 12—at the WIPP facility, and the demonstration of compliance with EPA's disposal regulations. Additional background information related to the Agency's review of DOE's application—including an electronic copy of the PCR itself—is available in the public docket established for this action and on the EPA WIPP website.

The Agency will continue to accept comment until it issues a future Federal Register notice that specifies the end of the public comment period. Upon completion of EPA's evaluation of the PCR, the Agency will announce a decision on the proposed two new panels along with a response to comments document and related technical support documents.

[FR Doc. 2024-24450 Filed 10-21-24; 8:45 am]

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