NM Environment Department Reclassifies WIPP Request!

Thanks to everyone’s work, the NM Environment Department has decided to get more information before allowing any leaky Hanford high-level tank waste to come to New Mexico!

NMED issued its determination to reclassify the DOE request as a class 3 – which requires a public hearing – “because there is significant public interest.”

Public comments made the difference!

There will be much more to do.

See https://nukewatch.org/watchblog/?p=1503 for background.

From the NMED release –
July 2, 2013
RE: ELEVATION OF CLASS 2 MODIFICATION TO REMOVE EXCLUDED WASTE PROHIBITION WASTE ISOLATION PILOT PLANT

The New Mexico Environment Department (Department) received a permit modification
request dated April 8,2013 from the U.S. Department of Energy Carlsbad Field Office and
Nuclear Waste Partnership, LLC (the Permittees) on April 9,2013. The Permittees seek to
modify the Waste Isolation Pilot Plant (WIPP) Hazardous Waste Facility Permit (Permit) and
request that the Department process the request as a Class 2 modification under the
regulations at 20.4.1.900 NMAC, incorporating 40 CFR § 270.42(b).
The request modifies the prohibition of excluded waste from the WIPP Permit.

Page 2
Under 40 CFR § 270.42(b)(6)(i)(C), the Secretary may determine that the modification
request must follow the procedures in § 270.42(c) for Class 3 modifications for the following
reasons: (1) There is significant public concern about the proposed modification; or (2) The
complex nature of the change requires the more extensive procedures of Class 3.
In this matter, I have determined that it is appropriate for the Department to process the
modification request as a Class 3 modification under 40 CFR § 270.42( c) because there is
significant public interest.
If you have questions regarding this matter please address them to Trais Kliphuis, of the
Hazardous Waste Bureau, at 476-6051 or [email protected].
Sincerely,
Ryan Flynn
Cabinet Secretary-Designate

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