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SRIC's Nuclear Waste Documents
WIPP Permit Changes


WIPP 10-Year Renewal Permit

The WIPP Permit expired on December 30, 2020, but is extended until the Renewal Permit becomes effective, probably in November 2023. The Renewal Permit was approved in a Stipulated Agreement of June 23, 2023 after negotiations among DOE, the New Mexico Environment Department (NMED), SRIC, and numerous other groups.

Key documents for the Renewal Permit were the NMED 1,246-page Renewal Draft Permit and Fact Sheet, DOE’s Comments of April 19, 2023 in opposition to several NMED provisions, and SRIC’s comments supporting some NMED conditions, suggesting alternative permit language, and identifying additional changes.

NMED’s June 27, 2023 Press Release summarizes many of the results of the negotiations.

History of the Renewal process:

  1. On April 15, 2019, SRIC urged NMED and DOE to prioritize the permit renewal, rather than permit modifications.
  2. On March 30, 2020, DOE submitted its 1,371-page renewal application. https://wipp.energy.gov/2020-renewal-application.asp
  3. On May 18, 2020, SRIC submitted initial comments on the renewal application.
  4. On August 28, 2020, NMED's Hazardous Waste Bureau issued Public Notice 20-05, announcing the public review of the renewal application. https://hwbdocuments.env.nm.gov/Waste%20Isolation%20Pilot%20Plant/200816.pdf
  5. On June 30, 2021, SRIC sent a letter to NMED stating that the permit renewal process was proceeding too slowly and should be prioritized.
  6. On December 17, 2021, NMED consolidated the Permit Renewal and the Class 3 Panels 11 and 12 Modification Request. (see #1 below in Permit Changes)
  7. On March 17, 2022, DOE submitted its revised permit renewal application.
    https://hwbdocuments.env.nm.gov/Waste%20Isolation%20Pilot%20Plant/220321.pdf
  8. On May 13, 2022, NMED issued a Technical Incompleteness Determination for the Permit Renewal.
  9. On June 27, 2022, DOE submitted its first response to the Technical Incompleteness Determination.
  10. On June 28, 2022, SRIC submitted comments on the first TID response.
  11. On July 12, 2022, DOE submitted its second response to the Technical Incompleteness Determination.
  12. On July 29, 2022, SRIC, CCNS, and Nuclear Watch objected to the DOE proposal to limit issues in the Permit Renewal process.

WIPP PERMIT CHANGES 2013-2022

Please check back for updates (Latest update: 02/21/2022)

  1. On July 30, 2021, the Co-permittees submitted a Class 3 Permit Modification Request for two new disposal panels (11 and 12) to expand the physical underground disposal areas.
    https://hwbdocuments.env.nm.gov/Waste%20Isolation%20Pilot%20Plant/210718.pdf
    • On October 4, 2021, SRIC submitted its comments opposing the new panels and WIPP expansion and requesting that NMED prioritized the Permit Renewal process.
  2. On October 15, 2021, the Co-permittees submitted a Class 2 Permit Modification Request to Change the permit requirements to allow an increase in the height in new Panel 8 rooms from 13 feet to 16 feet and to change the Volatile Organic Compound Limits in Panel 8. The public comment period ends on December 20, 2021.
    https://hwbdocuments.env.nm.gov/Waste%20Isolation%20Pilot%20Plant/211013.pdf
  3. On June 12, 2020, NMED issued a draft permit for a new shaft #5 and connecting drifts (see #4, #5 and #6). The public comment period ends on August 11, 2020.
    https://www.env.nm.gov/hazardous-waste/wipp/
  4. On January 16, 2020, the Co-permittees submitted a Temporary Authorization request to begin construction on the new shaft #5.
    https://wipp.energy.gov/Library/Information_Repository_A/Extensions_of_Time/
    20-0201_Letter_Redacted.pdf

    • On January 27, SRIC submitted its letter of opposition to the Temporary Authorization.
    • On April 24, NMED approved the Temporary Authorization Request.
    • On April 27, SRIC filed a Motion with NMED to stay the approval.
      (See also, affidavit by Steve Zappe.)
    • On April 27, NMED denied the Motion for Stay.
    • On April 27, SRIC filed an Appeal with the New Mexico Court of Appeals.
    • On June 11, 2020, the Court of Appeals dismissed the appeal.
    • On June 30, 2020, SRIC filed in the New Mexico Supreme Court two appeals against the new shaft. A Petition for Certiorari asks the Court to hear an appeal
      of the dismissal. A Verified Petition for Mandamus requests that the Court direct the NMED to withdraw the Temporary Authorization.
    • On September 9, 2020, the Co-permittees submitted a request to re-issue the Temporary Authorization.
    • On September 11, 2020, SRIC submitted its comments in opposition to the reissuing the Temporary Authorization.
    • On September 17, 2020, the New Mexico Supreme Court issued its Order that overturns the Court of Appeal's dismissal decision of June 11.
    • On November 18, 2020, NMED denied the request to re-issue the Temporary Authorization. Construction of the new shaft is stopped until the final decision on the modification request (see #1 above).
  5. On August 15, 2019, the Co-permittees withdrew the previous request and submitted a class 3 permit modification request for new shaft #5 (see #6 below).
    https://wipp.energy.gov/Library/Information_Repository_A/
    Class_3_Permit_Modifications/19-0241_Letter_Redacted.pdf
    • On October 16, 2019, SRIC submitted comments to NMED, requesting that the modification request be denied.
  6. On March 4, 2019, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a response to the NMED request for more information about the proposed new shaft #5.
    • On March 8, 2019, SRIC submitted comments to NMED on the response and again stated that the new shaft must be a class 3 modification request.
    • On April 15, 2019, SRIC submitted additional comments to NMED, requesting that the new shaft request be deferred and that the permit renewal process be the main priority.
  7. On January 31, 2018, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a class 2 Permit Modification to change the way waste volumes are measured. (http://www.wipp.energy.gov/library/Information_Repository_A/
    Class_2_Permit_Modifications/18-0308_Redacted_enclosure.pdf
    )
    • On April 3, 2018, SRIC submitted comments opposing the modification.
    • On April 3, 2018, Steve Zappe, former NMED WIPP Permit Writer, submitted comments.
    • SRIC also distributed a fact sheet on the modification.
    • On June 1, 2018, NMED Secretary issued his decision that the modification would be processed as a class 3 modification because of the significant public concern and complex nature of the request.
    • On August 6, 2018, NMED issued a Public Notice and Fact Sheet regarding a Draft Permit to approve the Modification.
    • On August 20, 2018, 21 groups requested that the 45-day comment period be extended to 90 days.
    • On August 22, 2018, NMED Secretary Butch Tongate denied the requested extension.
    • On September 19, 2018, SRIC and three other organizations submitted a letter to NMED, objecting to the proposed schedule for negotiations and public hearing.
    • On September 20, 2018, comments opposing to the Draft Permit and requesting a public hearing were submitted by SRIC (attached), 17 other organizations and SRIC (attached), and Steve Zappe, former NMED WIPP Permit Writer (attached).
    • On September 21, 2018, SRIC sent a letter to NMED Secretary Tongate, requesting that negotiations and the public hearing be delayed.
    • On September 22, 2018, NMED issued a Notice of the Public Hearing beginning on October 23.
    • On October 9, 2018, SRIC filed testimony of George Anastas and Don Hancock to present in the Public Hearing that begins on October 23.
    • On November 28, 2018, SRIC filed in post-hearing Brief and Proposed Findings of Fact and Conclusions of Law.
    • On December 10, 2018, the Hearing Officer filed his Report, recommending approval of the draft Permit.
    • On December 18, 2018, SRIC filed Comments on the Hearing Officer's Report.
    • On December 21, 2018, NMED Secretary issued the Final Order, approving the Modification.
    • On January 17, 2019, SRIC and Nuclear Watch New Mexico filed an appeal in the New Mexico Court of Appeals to overturn the modification.
    • On January 17, 2019, SRIC and Nuke Watch issued a press release announcing the Appeal.
    • On February 13, 2019 SRIC and Nuke Watch filed their Docketing Statement with the NM Court of Appeals.
    • On June 25, 2020, SRIC and Nuke Watch filed the Brief In Chief.
    • On August 31, 2020, SRIC and Nuke Watch filed the Reply Brief.
    • On September 17, 2020, the New Mexico Supreme Court issued its Order that affirms the Court of Appeal's dismissal decision of June 11.
  8. On February 22, 2018, the NMED issued a Draft Panel Closure Modification (see #11 below).
    https://www.env.nm.gov/hazardous-waste/wipp-february-22-2018-draft-permit/
  9. On June 14, 2017, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a class 1 Permit Modification (which doesn’t require NMED approval) of nine items. http://www.wipp.energy.gov/library/Information_Repository_A
    /Class_1_Permit_Modifications/17-1036_Class1_PMN_Letter_Enclosure.pdf
    • On June 20, SRIC submitted a letter to NMED strongly objecting to Item 9 as not being a proper class 1 modification and asking NMED to reject it or for the permittees to withdraw that item.
    • On August 31, NMED Secretary Butch Tongate responded to SRIC's letter, saying that the modification was proper. He described forthcoming inspections that NMED would conduct at WIPP.
  10. On April 27, 2017, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a class 1 Permit Modification (which doesn’t require NMED approval) to change Table 3.1.1 of the Permit regarding container equivalent quantities that can be stored in the Waste Handling Building. On April 28, SRIC submitted a letter to NMED strongly objecting to the modification and stating that it must be rejected because it is not an appropriate class 1 modification request. On May 12, the permittees withdrew the modification. http://www.wipp.energy.gov/library/Information_Repository_A/
    Class_1_Permit_Modifications/17-1041_Class1_PMN_Withdrawal_Redacted.pdf
  11. On November 10, 2016, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a revised class 3 Permit Modification Request for panel closure (see #16 below) and a Temporary Authorization (TA) request so that it could make the proposed changes before public comments are considered. On February 13, 2017, DOE withdrew the TA request. http://www.wipp.energy.gov/library/Information_Repository_A/
    Temporary_Authorization_Requests/17-1009_TA_Withdrawal_Redacted.pdf
  12. On September 29, 2016, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a class 3 Permit Modification Request –Above Ground Storage. If approved, the modification would allow an open air storage pad that would increase the amount of contact-handled waste that can be stored on the surface by more than 500 percent from 434. 1 cubic meters to 2,270.1 cubic meters. SRIC and many other groups strongly oppose the request and urge people to comment by February 3, 2017.
  13. On June 3, 2016, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a class 2 Permit Modification Request –Active Room Ventilation Flow Rate and Contingency Plan changes. The change to ventilation allows DOE to decide to continue operations in a waste room even if the ventilation flow rate was less than the 35,000 cubic feet per minute permit requirement.
  14. On September 8, 2015, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a package of seven topics as class 2 Permit Modification Requests - Revise Volatile Organic Compound Monitoring Procedures. Some of the changes are similar to those proposed in the March 18, 2013 request (see #17) and would reduce worker and public health protection. The request also would result in eliminating some of the ventilation requirements, while also not discussing the proposed new supplemental ventilation system.
  15. On April 8, 2013, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a class 2 Permit Modification Request — Modify Excluded Waste Prohibition — to eliminate the requirement in the WIPP permit for a public hearing before any waste that has ever been managed as high-level could be allowed.  This change would significantly reduce health and safety protections at WIPP and the public involvement requirements. Comment period ended June 10, 2013.
  16. On March 18, 2013, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a package of three class 3 Permit Modification Requests - Modify WIPP Panel Closure Design, Repository Reconfiguration of Panels 9 and 10, and Revise the Volatile Organic Compound underground monitoring system. These changes would significantly change the underground operations that have been established over the past 14 years. SRIC's comments suggest numerous changes and request negotiations before NMED issues a draft permit and holds public hearings.
  17. On December 12, 2012, DOE and its co-permittee, Nuclear Waste Partnership LLC, submitted a class 2 Permit Modification Request - Revise Waste Analysis Plan Waste Characterization Methods so that it can eliminate the chemical sampling and analyis requirements of the WIPP permit Waste Analysis Plan (WAP). This would reduce health and safety protections at WIPP. Let NMED know that you are concerned, see SRIC Fact Sheet about Sampling for details. Comment period ended February 18, 2013.



Documents

Letter to New Mexico Environment Department, RE: Deadlines for pending Class 3 modification (1/11/2006). See NMED's response here.

SRIC's comments to NM Environment Dept. re: Agency-Initiated WIPP Permit Modification (1/30/2004)

SRIC Comments to NMED re: Class 2 Permit Modification 11/2/01

SRIC comments to NMED re: Class 3 permit modification 9/27/01

SRIC Opposition to "Temporary Authorization Request" 9/6/01

SRIC urges NMED to NOT Grant DOE's Storage Extension Request 7/13/2001

SRIC urges NMED take immediate action before permit violations occur 7/13/2001

SRIC Comments on the requested 5/2/01 Class 2 Permit Modifications for WIPP 7/6/2001

Class 1 Permit Modification Violations per the WIPP Hazardous Waste Act Permit — 6/25/01

SRIC Comments on Class 2 Permit Modification for the WIPP Hazardous Waste Act Permit — 5/14/01

Letter to Sec. Maggiore, NM Environment Dept., re: Opposition to Class 1 modification to permit 4/24/00


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