WIPP Certification and Recertification

In the Waste Isolation Pilot Plant (WIPP) Land Withdrawal Act (LWA), Congress required EPA to certify that the U.S. Department of Energy’s (DOE's) Waste Isolation Pilot Plant (WIPP) complies with the waste disposal regulations at  40 CFR Part 191, Subparts B and C, as well as the WIPP compliance criteria at 40 CFR Part 194, and recertify that compliance periodically until the facility closes. 

The WIPP was first certified in 1998 and has been reviewed for recertification every five years following the initial receipt of transuranic (TRU) waste in 1999. EPA and DOE have undergone four of these recertification processes - 2004, 2009, 2014 and 2019. In 2023, EPA approved a schedule change that allows DOE to submit for recertification five years after the date of the most recent completeness determination. 

To initiate the recertification process, DOE submits a Compliance Recertification Application (CRA) to EPA. EPA reviews the application to evaluate changes at the WIPP and determine whether the facility continues to meet the requirements of EPA’s disposal regulations. Upon receipt of the application, EPA publishes a Federal Register notice announcing the opening of the docket and the public comment period, which allows interested parties to provide input on the recertification application. EPA concurrently conducts a completeness review to determine whether DOE’s submission contains the information necessary for evaluation. Once the application is deemed complete, EPA issues a second Federal Register notice announcing completeness and initiating the six-month review period leading to a certification decision. In accordance with this process, the public comment period closes 30 days after publication of the completeness notice. This recertification process helps ensure the WIPP’s continued compliance based on the most accurate and up-to-date information available. A key requirement of the initial certification and each recertification is the Performance Assessment (PA), a probabilistic model used to evaluate whether the WIPP complies with applicable regulatory standards.

The recertification process is not used to approve any modifications to the facility or operations proposed by DOE; any such proposals will be addressed separately by EPA (see WIPP Continuing Compliance).

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2026 Compliance Recertification

EPA expects the U.S. Department of Energy (DOE) to submit the next Compliance Recertification Application (CRA) on or before November 26, 2026.

2023 Recertification Submission Schedule Change

On May 1, 2023, DOE sent a letter to EPA requesting an update to the submission schedule of the Waste Isolation Pilot Plant (WIPP) Compliance Recertification Application (CRA). This change will allow submission of the CRA five years after the date of the most recent completeness determination. After review and consultation with various stakeholders, EPA approved this change on August 10, 2023. The Agency believes that this updated schedule will enable DOE to address the regulatory criteria more fully – permitting more time for scientific and experimental activities that benefit the performance assessment (PA), allowing for more frequent and meaningful scientific exchanges between EPA and DOE, and providing more opportunities for both parties to interact with the public. 

Under the revised schedule, the Agency expects DOE to submit the next CRA on or before November 26, 2026. This change gives DOE up to an additional two years and eight months to address outstanding issues and improve the CRA development process.

2019 Compliance Recertification

On March 19, 2019, DOE submitted the fourth Compliance Recertification Application (CRA) to EPA. With the Agency’s approval, DOE subsequently submitted the supporting PA in December 2019.

On May 3, 2022, EPA recertified the WIPP facility, confirming that it continues to comply with the agency's radioactive waste disposal regulations at 40 CFR Part 191, Subparts B and C, as well as with the WIPP Compliance Criteria at 40 CFR Part 194. EPA based its recertification decision on a thorough review of information submitted by DOE, independent technical analyses, and public comments. 

2014 Compliance Recertification

On March 26, 2014, DOE submitted the third Compliance Recertification Application (CRA) to EPA. 

On July 13, 2017, EPA recertified the WIPP facility, confirming that it continues to comply with the agency's radioactive waste disposal regulations at 40 CFR Part 191, Subparts B and C, as well as with the WIPP Compliance Criteria at 40 CFR Part 194. EPA based its recertification decision on a thorough review of information submitted by DOE, independent technical analyses, and public comments.

2009 Compliance Recertification

On March 24, 2009, DOE submitted the second Compliance Recertification Application (CRA) to EPA. 

On November 18, 2010, EPA recertified the WIPP facility, confirming that it continues to comply with the agency's radioactive waste disposal regulations at 40 CFR Part 191, Subparts B and C, as well as with the WIPP Compliance Criteria at 40 CFR Part 194. EPA based its recertification decision on a thorough review of information submitted by DOE, independent technical analyses, and public comments.

2004 Compliance Recertification

On May 24, 2004, DOE submitted the first Compliance Recertification Application (CRA) to EPA.  

On March 29, 2006, EPA recertified the WIPP facility, confirming that it continues to comply with the agency's radioactive waste disposal regulations at 40 CFR Part 191, Subparts B and C, as well as with the WIPP Compliance Criteria at 40 CFR Part 194. This action was the first of EPA’s periodic evaluations of the facility's continued compliance. EPA based its recertification decision on a thorough review of information submitted by DOE, independent technical analyses, and public comments. 

Supplemental Factsheets

1998 Compliance Certification

DOE submitted a Compliance Certification Application (CCA) to EPA on October 29, 1996, to demonstrate that the WIPP complies with the criteria at 40 CFR Part 194. After receiving the CCA, EPA published an Advance Notice of Proposed Rulemaking in the Federal Register that announced receipt of the application and initiated a 120-day public comment period. Copies of the application were made available for public inspection at the Agency WIPP Docket and the three supplemental New Mexico Dockets. Written comments were solicited, and public hearings were held in New Mexico in February 1997.

Over the next several months, EPA requested additional information from DOE related to the completeness and technical sufficiency of the CCA. On May 22, 1997, EPA announced that the CCA was complete.

The October 30, 1997 Notice of Proposed Rulemaking announced the proposed certification that the WIPP will comply with EPA's disposal standards. It was accompanied by Compliance Application Review Documents (CARDs) explaining the technical basis for EPA's decision. EPA's responses to comments received on the Advance Notice of Proposed Rulemaking were also included with the CARDs. This announcement initiated a 120-day period in which the public commented on the Proposed Certification. During this comment period the Agency held public hearings in Carlsbad, Albuquerque, and Santa Fe, New Mexico.

The May 18, 1998 Final Rulemaking Notice announced the certification decision and was accompanied by a document that summarizes significant comments and issues regarding the proposal and EPA's responses.

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Last updated on September 21, 2026