U.S. Energy Law: Nuclear
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Federal Laws & Regulatlons
The Waste Isolation Pilot Plant (WIPP) Land Withdrawal Act passed by Congress in 1992 reserved 16 sections of land in southeast New Mexico for the first deep-geologic repository for disposal of defense-generated transuranic (TRU) waste. WIPP has two primary regulators: the U.S. Environmental Protection Agency (EPA) and the New Mexico Environment Department (NMED).
Laws:
- Waste Isolation Pilot Plant (WIPP) Land Withdrawal Act, Pub. L. 102-579, 106 Stat. 4777 (1992)
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- Legislative History
- National Defense Authorization Act for FY97, Pub. L. 104-201, 110 Stat. 2851 (1996)
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Division C, Title XXXI, Subtitle F (§§3181-3191) is cited as the Waste Isolation Pilot Plant Land Withdrawal Act Amendments.
- Legislative History
Regulations:
- 40 C.F.R. Chapter 1, Environmental Protection Agency, Subchapter F, Part 194, Criteria for the Certification and Re-Certification of the Waste Isolation Pilot Plant's Compliance with the 40 C.F.R. Part 191 Disposal Regulations
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State Laws & Regulations
New Mexico:
The State of New Mexico’s authority to regulate the hazardous waste at WIPP is governed under the New Mexico Hazardous Waste Act (HWA) and the Resource Conservation and Recovery Act (RCRA). Under RCRA, the State of New Mexico is authorized to operate in lieu of the Environmental Protection Agency (EPA); EPA does not regulate radioactive mixed wastes in those States with an authorized program. New Mexico is authorized by EPA under 50 Fed Reg 1515 (January 11, 1985). New Mexico implements this authority under its Hazardous Waste Act.
Source: New Mexico Environment Department, Hazardous Waste Bureau, WIPP Regulatory Authority
Laws:
- Hazardous Waste Act, N.M. Stat. Ann. 1978, §74-4-1 et seq.
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Regulations:
- N.M. Code R. §18.20.9.1 et seq., Designation of Highway Routes for Transport of Radioactive Materials
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Websites
- EPA’s Role at the Waste Isolation Pilot Plant (WIPP)
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(U.S. Environmental Protection Agency (EPA))
Every five years, EPA conducts recertifications of WIPP's compliance with EPA's radioactive waste disposal standards. EPA will continue to regulate the WIPP until it closes. - New Mexico Radioactive Waste Consultation Task Force
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(New Mexico WIPP Transportation Safety Program)
Primary duties include negotiating with the federal government on behalf of the State of New Mexico the siting, licensing, and operation of new federal disposal facilities for high-level, transuranic, and low-level radioactive wastes, e.g., the Department of Energy's Waste Isolation Pilot Plant (WIPP). - Waste Isolation Pilot Plant (WIPP)
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(U.S. Dept. of Energy)
Provides information and documents about WIPP. - WIPP
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(New Mexico Environment Dept., Hazardous Waste Bureau)
Provides basic information regarding the WIPP Hazardous Waste Facility Permit.