WIPP Ten-Year Renewal Application Scope Discussion

1. Waste Isolation Pilot PlantHazardous Waste Facility PermitTen-Year Renewal Application Scope Pre-decisional Draft - For Discussion Purposes Only

2. Comments The Permittees will accept written comments regarding the proposed scope of the Renewal Application through Friday, September 20, 2019. Comments may be sent to: Mr. Bobby St. John P.O. Box 2078 Carlsbad, NM 88221 WIPP Information Center: infocntr@wipp.ws Pre-decisional Draft - For Discussion Purposes Only

3. Objective of Ten-Year Renewal Application Develop and submit a Renewal Application that is: Complete Timely Compliant with 20.4.1.900 NMAC (incorporating 40 CFR Part 270) Pre-decisional Draft - For Discussion Purposes Only

4. Regulatory Overview The Permit Part 1, Sections 1.7.2. – 1.7.4. includes the requirements for Permit renewal pursuant to 20.4.1.900 NMAC, incorporating the applicable requirements of 40 CFR Part 270 • Permit Part 1, Section 1.7.2., Permit Term “This Permit shall be effective for a fixed term not to exceed ten years from the effective date…”[20.4.1.900 NMAC, incorporating 40 CFR §270.50(a)] • Permit Part 1, Section 1.7.3., Duty to Reapply “If the Permittees wish to continue an activity regulated by this Permit after the expiration date of this Permit, the Permittees shall apply for and obtain a new Permit. The Permittees shall submit an application for a new Permit at least 180 calendar days before the expiration date of this Permit.” [20.4.1.900 NMAC, incorporating 40 CFR §§270.10(h) and 270.30(b)] • The current Permit was issued on November 30, 2010, and became effective on December 30, 2010 • A new Permit application must be submitted no later than July 3, 2020 Pre-decisional Draft - For Discussion Purposes Only

5. Regulatory Overview (continued) • Permit Part 1, Section 1.7.4., Continuation of Expiring Permits “If the Permittees have submitted a timely and complete application for renewal of this Permit, as specified in 20.4.1.900 NMAC (incorporating 40 CFR §§270.10, 270.13 through 270.29), this Permit shall remain in effect until the effective date of the new Permit if, through no fault of the Permittees, the Secretary has not issued a new Permit on or before the expiration date of this Permit. [20.4.1.900 NMAC, incorporating 40 CFR §270.51)] • Pursuant to NMAC 20.4.1.901 C(1), incorporating 40 CFR §124.31, the Permittees are required to hold a pre-application public meeting on the Permit Renewal Application if the application is proposing significant changes to facility operations. Pursuant to 40 CFR §124.31 “… a “significant change” is any change that would qualify as a Class 3 Permit modification under 40 CFR §270.42.” Pre-decisional Draft - For Discussion Purposes Only

6. Required Content of Renewal Application • Part A Application • 20.4.1.900 NMAC (incorporating 40 CFR §270.13), Contents of part A of the permit application • Identification of facility • Location • Owners/Operators of facility • Hazardous waste management activities to be performed • Figures/maps/photos • Other environmental permits • EPA-required forms/certification statement • Part B Application • Information required by 20.4.1.900 NMAC (incorporating 40 CFR §270.14), Contents of part B: General requirements • WIPP-specific information required by 20.4.1.900 NMAC (incorporating 40 CFR §270.15), Specific Part B information requirements for containers • WIPP-specific information required by 20.4.1.900 NMAC (incorporating 40 CFR §270.23), Specific Part B information requirements for miscellaneous units Pre-decisional Draft - For Discussion Purposes Only

7. Renewal Application Scope • Necessary administrative/editorial changes: • General informational updates in Part A and Part B applications • List of other environmental permits • Maps • Facility photographs • Facility drawings • Demographics • Facility preparedness/prevention and security • Site geological and hydrological characterization • 300-year performance demonstration • Extend Disposal Phase and closure start date to 2052 in Attachments G and H1 • Consolidation of Permit attachment figures into Attachment M • Removal of redundant/unnecessary figures • Updates, clarifications, and streamlining of Permit text • Editorial and formatting corrections Pre-decisional Draft - For Discussion Purposes Only

8. Renewal Application Scope (continued) • Other changes that impact Permit text: • Streamline reporting requirements • NCR and DQO-affecting procedure change reports – change frequency from monthly to submittal within 30 days of occurrence (Attachment C3) • Contract-laboratory SOPs – change frequency from annually to upon request (Attachments L and N) • Minor revisions to groundwater monitoring procedures (Attachment L) • Allow for sampling pursuant to stability pH, conductivity • Revision to inspection schedule (Attachment E) • Change frequency from pre-operational to pre-evolution for some waste handling equipment • Remove preventive maintenance details for RH equipment • Remove requirement for quarterly repeat of data-generation level review (Attachment C3) • Changes to incorporate DOE radiological guidance and regulations by reference (Attachments A1, D, G, G3, H, and H1) Pre-decisional Draft - For Discussion Purposes Only

9. Renewal Application Scope (continued) • Changes to Permit text (Renewal Application attachments) • Identified in “tracked change” redline/strikeout form • Annotated in table of changes • Global editorial/formatting changes summarized up front • Other changes summarized by attachment, with brief discussion of reason for change Pre-decisional Draft - For Discussion Purposes Only

10. Projected Renewal Application Timeline • Pre-application (scoping) meetings with general public – September 10 and 12, 2019 • Pre-application meetings (regulatory) with general public – January 2020 • Pursuant to NMAC 20.4.1.901 C(1), incorporating 40 CFR §124.31 • Draft Renewal Application is planned to be posted on the WIPP web page prior to the meetings • Submit Renewal Application to NMED – Planned to be submitted in March 2020 Pre-decisional Draft - For Discussion Purposes Only