United States Department
of Energy
Waste Isolation Pilot Plant
Carlsbad Field Office
Carlsbad, New Mexico
21.0 Inspections (40 CFR § 194.21)
21.3 1998 Certification Decision
21.5 EPA’s Evaluation of Compliance for the 2004 Recertification
21.6 Changes or New Information Since the 2004 Recertification
Table 21-1. Monitored Parameters
Table 21-2. CRA-2004 Monitoring and Waste Emplacement Inspection Results (1999–2005)
Table 21-3. Post-CRA-2004 Monitoring and Waste Emplacement Inspection Results (2006–2007)
AMWTF Advanced Mixed Waste Treatment Facility
CARD Compliance Application Review Document
CRA Compliance Recertification Application
DOE U.S. Department of Energy
EPA U.S. Environmental Protection Agency
QA quality assurance
RH-TRU remote-handled transuranic
TRU transuranic
WIPP Waste Isolation Pilot Plant
WWIS WIPP Waste Information System
MgO magnesium oxide
|
§ 194.21 Inspections (a) The Administrator or the Administrator’s authorized representative(s) shall, at any time: (1) Be afforded unfettered and unannounced access to inspect any area of the WIPP, and any locations performing activities that provide information relevant to compliance application(s), to which the Department has rights of access. Such access shall be equivalent to access afforded Department employees upon presentation of credentials and other required documents. (2) Be allowed to obtain samples, including split samples, and to monitor and measure aspects of the disposal system and the waste proposed for disposal in the disposal system. (b) Records (including data and other information in any form) kept by the Department pertaining to the WIPP shall be made available to the Administrator or the Administrator’s authorized representative upon request. If requested records are not immediately available, they shall be delivered within 30 calendar days of the request. (c) The Department shall, upon request by the Administrator or the Administrator’s authorized representative, provide permanent, private office space that is accessible to the disposal system. The office space shall be for the exclusive use of the Administrator or the Administrator’s authorized representative(s). (d) The Administrator or the Administrator’s authorized representative(s) shall comply with applicable access control measures for security, radiological protection, and personal safety when conducting activities pursuant to this section. |
40 CFR § 194.21 (2004) provides the U.S. Environmental Protection Agency (EPA) with the authority to inspect all activities at the Waste Isolation Pilot Plant (WIPP) and all activities located off-site that provide information relevant to any compliance applications.
The EPA conducted no inspection under the authority of section 194.21 prior to the 1998 Certification Decision. With the issuance of its 1998 Certification Decision (U.S. Environmental Protection Agency 1998), the EPA identified inspections that may be performed under the authority at section 194.21. These include the following:
· The inspection of the panel closure system on waste panels that have been filled and are being sealed to confirm compliance with Condition 1 of the EPA’s 1998 Certification Decision (U.S. Environmental Protection Agency 1998)
· The verification that specific actions identified by the U.S. Department of Energy (DOE) in the Certification and supplementary information (and in any additional documentation submitted in accordance with Condition 4) are being taken to test and implement passive institutional controls
· Announced and unannounced inspections of activities at the WIPP and at all off-site facilities that provide information included in certification applications
· The inspection of the DOE’s implementation of the monitoring plans that the DOE has set forth to demonstrate compliance with 40 CFR § 194.42
· The inspection of any records relevant to the Certification kept by the DOE, including those records required to be generated in accordance with the compliance criteria
· The inspections of approved quality assurance (QA) programs at the WIPP and at waste generator sites to ensure the programs are being adequately maintained and documented
After the 1998 Certification Decision, the EPA began using the authority given by section 194.21 to conduct inspections at the WIPP. Inspections include magnesium oxide (MgO) backfill, waste emplacement, the monitoring programs established to collect data for each of the Monitored Parameters identified in Table 21-1, and the examination of documentation (records) to verify compliance at the WIPP.
Table 21-1. Monitored Parameters
|
Monitored Parameters |
|
|
Geomechanical Parameters · Creep closure · Extent of deformation · Initiation of brittle deformation · Displacement of deformation features Hydrological Parameters · Culebra groundwater composition · Change in Culebra groundwater flow direction |
Waste Activity Parameter · Waste activity subsidence parameter · Subsidence measurements Drilling-Related Parameters · Drilling rate · The probability of encountering a Castile brine reservoir |
The monitoring inspection activities included an examination of monitoring and sampling equipment both on- and off-site and underground. The EPA also reviewed sampling procedures and measurement techniques and verified implementation of an effective QA program for monitoring activities.
This provision of the EPA’s Compliance Criteria was not applied prior to the 1998 Certification Decision. After 1998, the EPA used the authority given by section 194.21 to inspect the WIPP monitoring programs, MgO backfill, and waste emplacement requirements.
The 2004 Compliance Recertification Application (CRA-2004) (U.S. Department of Energy 2004) did not address the EPA’s inspection activities under section 194.21. However, the EPA inspection activities were addressed in Compliance Application Review Document (CARD) 21 (U.S. Environmental Protection Agency 2006a). CARD 21 identified monitoring inspections and waste emplacement inspections that were conducted from March 23, 1999, through July 12, 2005. This information is duplicated in Table 21-2.
|
Table 21-2. CRA-2004 Monitoring and Waste Emplacement Inspection Results (1999–2005) |
|||
|
Date of Inspection |
Inspection Type |
Inspection Results |
Reference |
|
March 24–25, 1999 |
Monitoring |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (1999a) |
|
September 8, 1999 |
Waste Emplacement |
The EPA did not have any findings. The EPA had one minor concern that two procedures did not specify the form that records must take. This concern did not require a response from the DOE. |
U.S. Environmental Protection Agency (1999b) |
|
June 21–22, 2000 |
Monitoring |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2000a) |
|
June 20–22, 2000 |
Waste Emplacement |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2000b) |
|
June 20–21, 2001 |
Monitoring |
The EPA had one finding and no concerns. The finding noted that the subsidence monitoring program at the WIPP did not have an adequate written procedure to implement an effective QA program. In response to the EPA’s finding, the DOE developed a new subsidence procedure. The EPA evaluated the procedure and found it to be adequate. |
U.S. Environmental Protection Agency (2001a) |
|
June 21, 2001 |
Waste Emplacement |
The EPA did not have any findings, but they identified one concern. The EPA found that the DOE did not appear to have a procedure that required proper documentation of off-normal events. This concern did not require a response from the DOE because the DOE provided all documentation requested. |
U.S. Environmental Protection Agency (2001b) |
|
June 26–28, 2002 |
Monitoring |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2002a) |
|
June 24–27, 2002 |
Waste Emplacement |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2002b) |
|
June 18–19, 2003 |
Monitoring |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2003a) |
|
June 17–19, 2003 |
Waste Emplacement |
The EPA had one finding and no concerns during this inspection. The EPA was unable to determine that waste was being emplaced in a random manner. This finding was resolved in the CRA-2004. |
U.S. Environmental Protection Agency (2003b) |
|
Table 21-2. CRA-2004 Monitoring and Waste Emplacement Inspection Results (1999–2005) (continued) |
|||
|
Date of Inspection |
Inspection Type |
Inspection Results |
Reference |
|
June 28 through July 1, 2004 |
Monitoring |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2004a) |
|
June 28 through July 1, 2004 |
Waste Emplacement |
The EPA did not have any findings but did have one concern. The EPA found that the DOE did not appear to have a real-time system to track and calculate the actual MgO placed with waste at disposal. This concern was resolved by using the WIPP Waste Information System (WWIS) to track the quantities of MgO. |
U.S. Environmental Protection Agency (2004b) |
|
July 12–15, 2005 |
Monitoring |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2005a) |
|
May 17–19, 2005 |
Waste Emplacement |
The EPA did not have any findings, but did have one concern during this inspection. The EPA found that the DOE needed to develop a formal procedure that guides the MgO emplacement decision-making process rather than using training materials, and that the WWIS needs to be back-populated with the quantity of emplaced MgO. In response to this concern, the WWIS was back-populated. |
U.S. Environmental Protection Agency (2005b) |
During each of the inspections listed in Table 21-3, the DOE provided the EPA with unfettered access to facilities, lists of records, access to these records as requested, and access to private office space. Additionally, the DOE actively supported the EPA’s inspection activities. Based on the EPA’s review and evaluation of the CRA-2004, the EPA determined that the DOE continued to comply with the requirements for section 194.21 (U.S. Environmental Protection Agency 2006a).
Table 21-3 lists the seven new inspections conducted by the EPA under the authority of section 194.21 since the ones reported in CARD 21 (U.S. Environmental Protection Agency 2006a).
During each of the inspections listed in Table 21-3, the DOE met all the requirements of section 194.21, providing the EPA with unfettered access to facilities, lists of records, access to the records requested, and access to private office space. Additionally, the DOE actively supported the EPA’s inspection activities as required by section 194.21.
|
Table 21-3. Post-CRA-2004 Monitoring and Waste Emplacement Inspection Results (2006–2007) |
|||
|
Date of Inspection |
Inspection Type |
Inspection Results |
Reference |
|
June 20–22, 2006 |
Monitoring |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2006b) |
|
June 20–22, 2006 |
Waste Emplacement |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2006c) |
|
July 10–12, 2007 |
Monitoring |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2007a) |
|
July 10-12, 2007 |
Waste Emplacement |
The EPA did not have any findings or concerns during this inspection. |
U.S. Environmental Protection Agency (2007b) |
|
January 9–11, 2007 |
Remote-Handled (RH) transuranic (TRU) (RH-TRU) Emplacement Plan |
The EPA did not have any findings or concerns during this inspection. The EPA verified that RH-TRU waste could be emplaced in the WIPP repository according to the RH-TRU Emplacement Plan. |
U.S. Environmental Protection Agency (2007c) |
|
October 7, 2007 |
Unannounced inspection at the Advanced Mixed Waste Treatment Facility (AMWTF) and the Accelerated Retrieval Project at the Idaho National Laboratory |
The EPA did not have any findings or concerns during the inspection of the AMWTF. However, the EPA requested information on the process used for regrouping four pre-1970 buried waste streams. EPA also requested information for estimating TRU, mixed TRU, and low-level waste volumes. On December 28, 2007, the DOE provided the EPA with the requested information. The DOE is awaiting the EPA’s response as of November 1, 2008. |
U.S. Environmental Protection Agency (2007d) |
|
November 21-28, 2007 |
DOE document development and review process |
Five process improvement recommendations were made. |
Reyes (2008) |
Reyes, J. 2008. Letter to D. Moody. 21 February 2008. U.S. Environmental Protection Agency, Office of Air and Radiation, Washington, DC...\..\references\Others\Reyes_to_Moody_2008_February_21_Results_of_EPA_Nov_27_to_28_2007_Inspection.pdf
U.S. Department of Energy (DOE). 2004. Title 40 CFR Part 191 Compliance Recertification Application for the Waste Isolation Pilot Plant (March). 10 vols. DOE/WIPP 2004-3231. Carlsbad, NM: Carlsbad Field Office...\..\references\CRA-2004\CRA-2004.htm
U.S. Environmental Protection Agency (EPA). 1998. “40 CFR Part 194: Criteria for the Certification and Recertification of the Waste Isolation Pilot Plant’s Compliance with the Disposal Regulations: Certification Decision; Final Rule.” Federal Register, vol. 63 (May 18, 1998): 27353–406...\..\references\Others\EPA_63_FR_27353_408_May_18_1998.pdf
U.S. Environmental Protection Agency (EPA). 1999a. Monitoring Inspection Report (40 CFR 194.42) of the Waste Isolation Pilot Plant March 24–25, 1999. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_1999_Monitoring_Inspection_Report_March_24_25.pdf
U.S. Environmental Protection Agency (EPA). 1999b. Report: EPA Inspection No. EPA-WIPP-9.99-21 of the Waste Isolation Pilot Plant, September 8, 1999 (October). Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_1999_Inspection_EPA_WIPP_9_99_21_Docket_A_98_49_II_B1_1.pdf
U.S. Environmental Protection Agency (EPA). 2000a. Inspection No. EPA-WIPP-6.00-21 (Monitoring) of the Waste Isolation Pilot Plant June 21–22, 2000 (August). Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2000_Monitoring_Inspection_EPA_WIPP_6_00_21_Docket_A_98_49_II_B3_12.pdf
U.S. Environmental Protection Agency (EPA). 2000b. Inspection No. EPA-WIPP-6.00-21A (Waste Emplacement) of the Waste Isolation Pilot Plant, June 20–22, 2000 (August). Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2000_Emplacement_Inspection_Report_EPA_WIPP_6_00_21A_June_20_22.pdf
U.S. Environmental Protection Agency (EPA). 2001a. Inspection No. EPA-WIPP-6.01-21c of the Waste Isolation Pilot Plant June 20–21, 2001 (September). Monitoring Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2001_Monitoring_Inspections_EPA_WIPP_6_01_21c_Docket_A_98_49_Item_II_B3_18.pdf
U.S. Environmental Protection Agency (EPA). 2001b. Inspection No. EPA-WIPP-6.01-21b of the Waste Isolation Pilot Plant June 21, 2001 (September). Emplacement Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2001_Emplacement_Inspection_EPA_WIPP_6_01_21b_Docket_A_98_49_Item_II_B3_18.pdf
U.S. Environmental Protection Agency (EPA). 2002a. Inspection No. EPA-WIPP-6.02-21c of the Waste Isolation Pilot Plant June 26–28, 2002 (November). Parameter Monitoring Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2002_Monitoring_Inspection_EPA_WIPP_6_02_21c_Docket_A_98_49_Item_II_B3_37.pdf
U.S. Environmental Protection Agency (EPA). 2002b. EPA Inspection No. EPA-WIPP-6.02-21b of the Waste Isolation Pilot Plant June 24–27, 2002 (November). Waste Emplacement Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2002_Emplacement_inspection_EPA_WIPP_6_02_21b_Docket_A_98_49_Item_II_B3_37.pdf
U.S. Environmental Protection Agency (EPA). 2003a. EPA Inspection No. EPA-WIPP-6.03-18c of the Waste Isolation Pilot Plant, June 18–19, 2003 (October). Monitoring Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2003_Monitoring_Inspection_Report,_EPA_WIPP_6_03_17c_June_18_19.pdf
U.S. Environmental Protection Agency (EPA). 2003b. EPA Inspection Number EPA-WIPP-6.03-17b of the Waste Isolation Pilot Plant, June 17–19, 2003 (October). Emplacement Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2003_Emplacement_Inspection_Report_EPA_WIPP_6_03_17b_June_17_19.pdf
U.S. Environmental Protection Agency (EPA). 2004a. Inspection No. EPA-WIPP-6.04-28c of the Waste Isolation Pilot Plant June 28 to July 1, 2004 (August). Monitoring Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2004_Monitoring_Inspection_EPA_WIPP_6_04_28c_Docket_A_98_49_Item_II_B3_71.pdf
U.S. Environmental Protection Agency (EPA). 2004b. EPA Inspection Number EPA-WIPP-6.04-28b of the Waste Isolation Pilot Plant, June 28–July 1, 2004 (August). Emplacement Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2004_Emplacement_Inspection_EPA_WIPP_6_04_28b_Docket_A_98_49_Item_II_B3_71.pdf
U.S. Environmental Protection Agency (EPA). 2005a. Inspection No. EPA-WIPP-7.05-12b of the Waste Isolation Pilot Plant July 12 to July 15, 2005 (August). Monitoring Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2005_Monitoring_Inspection_EPA_WIPP_7_05_12b_Docket_A_98_49_Item_II_B3_83.pdf
U.S. Environmental Protection Agency (EPA). 2005b. EPA Inspection No. EPA-WIPP-05021 of the Waste Isolation Pilot Plant May 17–19, 2005 (June). Emplacement Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2005_Emplacement_Inspection_EPA_WIPP_05021_Docket_A_98_49_Item_II_B3_81.pdf
U.S. Environmental Protection Agency (EPA). 2006a. “Recertification CARD No. 21: Inspections.” Compliance Application Review Documents for the Criteria for the Certification and Recertification of the Waste Isolation Pilot Plant’s Compliance with the 40 CFR 191 Disposal Regulations: Final Recertification Decision (March) (pp. 21-1 through 21-5). Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_CRA_CARD_21.pdf
U.S. Environmental Protection Agency (EPA). 2006b. Inspection No. EPA-WIPP-6.06-20b of the Waste Isolation Pilot Plant June 20 to June 22, 2006 (September). Monitoring Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2006_Monitoring_Inspection_EPA_WIPP_6_06_20b_Docket_A_98_49_Item_II_B3_97.pdf
U.S. Environmental Protection Agency (EPA). 2006c. EPA Inspection Number EPA-WIPP-6.06-20c of the Waste Isolation Pilot Plant, June 20–22, 2006 (September). Emplacement Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2006_Emplacement_Inspection_EPA_WIPP_6_06_20c_Docket_A_98_49_Item_II_B3_97.pdf
U.S. Environmental Protection Agency (EPA). 2007a. Inspection Number EPA-WIPP-7.07-10b of the Waste Isolation Pilot Plant, July 10–12, 2007 (August). Monitoring Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2007_Monitoring_Inspection_EPA_WIPP_7_07_10b_Docket_A_98_49_Item_II_B3_102.pdf
U.S. Environmental Protection Agency (EPA). 2007b. EPA Inspection Number EPA-WIPP-7.07-10c of the Waste Isolation Pilot Plant, July 10–12, 2007 (September). Emplacement Inspection Report. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2007_Emplacement_Inspection_EPA_WIPP_7_07_10c_Docket_A_98_49_Item_II_B3_102.pdf
U.S. Environmental Protection Agency (EPA). 2007c. Emplacement Inspection for First Receipt of RH Waste: EPA Inspection of the Waste Isolation Pilot Plant, January 9–11, 2007. Washington, DC: Office of Radiation and Indoor Air...\..\references\Others\EPA_2007_RH_Emplacement_Inspection_Docket_A_98_98_49_Item_II_B_101.pdf
U.S. Environmental Protection Agency (EPA). 2007d. Unannounced EPA Inspection at AMWTP, October 7, 2007. Washington, DC: Office of Radiation and Indoor Air.../../references/Others/EPA_2007_Unannounced_Inspection_at_AMWTP_DOCKET_NO_A_98_49_Item_II_A4_94.pdf