SUMMARY OF THE TECHNICAL TESTIMONY PRESENTED AT THE WASTE ISOLATION PILOT PLANT (WIPP) HAZARDOUS WASTE STORAGE AND DISPOSAL FACILITY PERMIT HEARINGS UNDER THE NEW MEXICO HAZARDOUS WASTE ACT

February 22 through March 26, 1999 Santa Fe and Carlsbad, New Mexico

By: Deborah Reade

Ms. Reade received a B.A. in Social Science, University of California, Berkeley 1970. Ms. Reade has been a student of the WIPP Project for over 19 years. She has written many booklets, articles, and editorials on WIPP. Ms. Reade specializes in translating technical information into language understandable to laypeople.

INTRODUCTION

The Department of Energy (DOE) plans to bury a portion of the transuranic mixed waste from nuclear weapons production that is currently stored at nuclear weapons sites around the country at the Waste Isolation Pilot Plant (WIPP), near Carlsbad, New Mexico. Transuranic mixed waste is transuranic waste that contains both radioactive and hazardous components. Transuranic means radioisotopes heavier than uranium, such as plutonium and americium. Plutonium-239, the chief transuranic radioactive element in WIPP waste, has a half-life of 24,000 years and remains dangerous for 240,000 years.

The New Mexico Environment Department (NMED) has authority to issue a state permit that will regulate the disposal of the non-radioactive hazardous materials in the nuclear weapons wastes. The DOE self-regulates the radioactive portion of the nuclear weapons waste under the Atomic Energy Act of 1954.

The DOE and the Westinghouse Electric Company's Waste Isolation Division (WID) made application to the NMED for a state permit to manage, store and dispose of transuranic waste (non-mixed and mixed) at WIPP. The DOE's application was submitted between May 26, 1995 and November 20, 1997 (a 2 1/2 year period). The NMED determined that the DOE's application was complete on January 5, 1998.

A draft state WIPP Permit was issued for public comment on May 15, 1998. The comment period ended on August 14, 1998.

On November 13, 1998, the NMED issued a revised draft WIPP Permit and a Notice of Public Hearing. The Secretary of the Environment, Peter Maggiore, appointed Jeffrey S. Gulin as the Hearing Officer. The hearing began on February 22, 1999 in Santa Fe, New Mexico with the presentation of technical and non-technical (public) testimony. The hearing continued on March 8, 1999 in Carlsbad, New Mexico for non- technical testimony only. The hearing returned to Santa Fe on March 15, 1999, and the technical and non-technical testimony continued until March 26, 1999.

Non-technical (public) testimony was heard in Santa Fe during special afternoon and evening sessions. No summary of the non-technical testimony is included in this technical testimony summary.

Each party made an opening statement and presented witnesses. Each party was given the option to cross-examine the witnesses of the other parties and to present rebuttal witnesses. All witnesses were sworn before giving testimony. The order of questioning during cross-examination followed the order of the parties. However, the cross-examination summaries are organized by subject, not by the order the testimony was given.