DOE Retroactively Classifies Suspect WIPP Drums As Ignitable

DOE Retroactively Classifies Suspect WIPP Drums As Ignitable

In two letters posted to the NMED website, Los Alamos contractor and DOE Field Office officials informed NMED that 86 drums currently stored at LANL and 368 drums underground in Panel 6 at WIPP are now considered to contain ignitable wastes. These drums are part of the same waste stream as the drum in Panel 7 that is suspected to have caused the Feb. 14 radiation release and the subsequent closure of the Waste Isolation Pilot Plant (WIPP).

The letters state that DOE applied EPA Hazardous Waste Number D001 for the characteristic of ignitability.

The WIPP Permit specifically prohibits D001 Wastes at WIPP – Ignitable, Corrosive, and Reactive Wastes

Wastes exhibiting the characteristic of ignitability, corrosivity, or reactivity (EPA Hazardous Waste Numbers of D001, D002, or D003) are not acceptable at WIPP.

DOE stated that it had “reason to believe that the nitrate salt bearing waste in the containers described above is an oxidizer and therefore the D001 code should be applied to the respective containers”, but did not explain exactly what that reason was. What did LANL or the Accident Investigation Board (AIB) discover that lead them to apply the D001 classification? The AIB report investigating the Feb. 14 release is not due until September.

Now there are 368 illegal drums buried at WIPP. DOE can’t seal up Panel 6 until the exact cause of the Feb 14 release is known, even though there is a plan to expedite closure of Panel 6.  NMED Secretary Ryan Flynn has stated on several occasions that that we must know the exact cause before sealing up Panel 6. We agree. Otherwise we might be burying drums that should be retrieved and repackaged, as onerous of a task that that would be.

DOE stated, “Because the investigations are ongoing, the application of the D001 is considered provisional and may change to include and/or remove containers/waste streams in the future.”  But the WIPP permit has no provision for allowance for “provisional” classification wastes.

Either they are or they are not.

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