STATE OF NEW MEXICO BEFORE THE SECRETARY OF ENVIRONMENT SECRETARY'S ORDER APPROVING DRAFT PERMIT

Similar documents
STATE OF NEW MEXICO BEFORE THE SECRETARY OF ENVIRONMENT HEARING OFFICER S REPORT

INTRODUCTION. WIPP Hazardous Waste Facility Permit Renewal Application Update 10206

WIPP s Hazardous Waste Facility Permit Renewal Application 9101

) In the Matter of: ) ) SOUTHWEST CAPITAL BANK, ) LAND DEVELOPMENT 2, LLC, ) CLUB RIO RANCHO ) ) Respondents. ) No.

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION ) ) ) ) ) ) ) ) ) ) NOTICE. 1. On May 1, 2017, in accordance with NMSA 1978, Section of

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION

Presentation to the National Academies of Sciences; Nuclear and Radiation Studies Board

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION ) ) ) ) ) ) ) ) ) ) NOTICE TO SPS CUSTOMERS

Case 1:11-cv RHS-WDS Document 5 Filed 11/10/11 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION NOTICE. 1. Pursuant to NMSA 1978, , and Commission Rule

Case 1:13-cv Document 1 Filed 11/22/13 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Draft Agenda Meeting of the Environmental Improvement Board

Case 6:06-cv RAW Document 73 Filed in USDC ED/OK on 11/03/2009 Page 1 of 10

Case Document 1075 Filed in TXSB on 12/20/16 Page 1 of 3

NINETEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA STATE OF LOUISIANA VERSUS

ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT, DIRECTING THE ISSUANCE OF CLASS NOTICE AND SCHEDULING A FINAL FAIRNESS HEARING

) In the Matter of ) ) LOUISIANA ENERGY SERVICES, L.P. ) Docket No ML ) (National Enrichment Facility ) ) CLI MEMORANDUM AND ORDER

BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION

CAUSE NO PC-3848

Case 2:16-cv SWS Document 218 Filed 04/06/18 Page 1 of 4

DESERT SOUTHWEST COOPERATIVE ECOSYSTEM STUDIES UNIT. AMENDMENT THREE TO COOPERATIVE and JOINT VENTURE AGREEMENT. between

Case 1:15-cv SCY-KBM Document 2 Filed 01/21/15 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 4:13-cv JMM Document 4 Filed 07/16/13 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

APPROVED 06/28/16 New Mexico Connections Academy (NMCA) MINUTES OF THE GOVERNING COUNCIL MEETING Tuesday, May 24, 2016 at 9:00 a.m.

NO CV. IN THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS AT HOUSTON, TEXAS Clerk

AMENDMENT NUMBER 3 TO MASTER SERVICES AGREEMENT

rbk Doc#466 Filed 07/23/18 Entered 07/23/18 10:35:15 Main Document Pg 1 of 4

Case 2:13-cv Document 429 Filed in TXSD on 07/22/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISON

RESTRICTIVE COVENANT AGREEMENT

NMSA 1978, and New Mexico Public Regulation Commission ("Commission" or

Case 1:15-mc CKK Document 188 Filed 09/21/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN GREEN BAY DIVISION ) ) ) ) ) ) ) ) ) ) )

NCAA DIVISION I INFRACTIONS APPEALS COMMITTEE POLICIES AND PROCEDURES GUIDE

mew Doc 667 Filed 06/07/17 Entered 06/07/17 16:45:24 Main Document Pg 1 of 4

PETITION FOR WRIT OF CERTIORARI TO THE OIL CONSERVATION COMMISSION. Petitioners Earthworks Oil and Gas Accountability Project ( OGAP ) and New Mexico

NATIONAL DEFENSE AUTHORIZATION ACT FOR FY 2016 REPORT, with Downblend Review linked here

ISSUING AGENCY: New Mexico Renewable Energy Transmission Authority ( Authority ). [ NMAC - N, 12/15/2011]

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION PLAINTIFF S ORIGINAL COMPLAINT

COUNSEL JUDGES. Wood, J., wrote the opinion. WE CONCUR: William R. Hendley, J., Leila Andrews, J. AUTHOR: WOOD OPINION

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION NOTICE OF PROPOSED SETTLEMENT AND HEARING

Case 1:10-cv PLF Document 17 Filed 08/04/11 Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:09-cv RB-RHS Document 139 Filed 11/01/13 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Legal notice about a class action settlement involving the America s MHT Medical Home Team program.

April 23, Newland Communities Attn: Scott Jones th Avenue South, Suite 206 Federal Way, WA 98003

v. No. D-202-CV MAILED NOTICE OF CLASS ACTION SETTLEMENT


CAUSE NO. D-1-GN NON-PARTY TEXAS LOTTERY COMMISSION S MOTION FOR PROTECTIVE ORDER AND TO QUASH SUBPOENA

Motion for Rehearing denied January 7, 1983 COUNSEL

Case: 1:10-cv Document #: 255 Filed: 05/04/12 Page 1 of 7 PageID #:3640

No. D-1-GN STEVE SMITH, IN THE DISTRICT COURT. v. OF TRAVIS COUNTY, TEXAS. Respondent-Contestee. 250th JUDICIAL DISTRICT

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

PNM EXHIBIT GT0-1. Consisting of 6 pages

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

AGENDA. Location: City Council Chamber, Golden Lantern, Suite 210, Dana Point, California 92629

TEL (503) FAX (503) Suite S.W. Taylor Portland, OR November 8, 2007

NO CV IN THE COURT OF APPEALS FOURTEENTH JUDICIAL DISTRICT OF TEXAS HOUSTON, TEXAS GLENN BECKENDORFF,

Pro se Motion to Modify or Terminate Probation or Community Control

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO. v. No. 34,339

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Case 8:15-bk MW Doc 355 Filed 01/27/16 Entered 01/27/16 10:40:06 Desc Main Document Page 1 of 8

rbk Doc#260 Filed 03/29/18 Entered 03/29/18 16:25:01 Main Document Pg 1 of 9

Florida Department of Environmental Protection

Case: HJB Doc #: 3116 Filed: 02/16/16 Desc: Main Document Page 1 of 4

Case 1:12-cv RLW Document 48 Filed 09/04/12 Page 1 of 21 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE SUPREME COURT OF THE STATE OF NEW MEXICO CLERK'S CERTIFICATE OF WITHDRAWAL

NOTICE OF CLASS ACTION SETTLEMENT AND FAIRNESS HEARING

Case GMB Doc 207 Filed 12/21/13 Entered 12/21/13 14:45:36 Desc Main Document Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

City of Hobbs/Hobbs Express Title VI/ADA Complaint Procedures

ARTICLES OF RESTATEMENT

ACCELERATED ARBITRATION RULES AND PROCDURES TABLE OF CONTENTS Revised December 1, 2017 Copyright by CDRS 2017 all rights reserved

Case 1:12-cv RLW Document 47-1 Filed 08/31/12 Page 1 of 21 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 2:15-cv JRG Document 1 Filed 07/08/15 Page 1 of 5 PageID #: 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION ) ) ) ) ) ) ) ) ) ) )

If You Were a Royalty Owner and Received a Payment from EQT Beginning December 8, 2008 for a West Virginia Natural Gas Well,

BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO VERIFIED APPLICATION

EXHIBIT A SANTA CRUZ LAFCO RESOLUTION NO. 801-D ADOPTED BY LAFCO 12/7/94 RULES AND REGULATIONS GOVERNING FUNCTIONS AND SERVICES OF SPECIAL DISTRICTS

Stipulated Protective Order and Order 09mc0110, 0111, 0112, 0113 and 0114

Case 1:15-cv JAP-KK Document 83 Filed 04/15/16 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Cause No. D-t-GV

Case dml11 Doc 6977 Filed 03/13/12 Entered 03/13/12 15:13:05 Desc Main Document Page 1 of 5

Equal Employment Opportunity Commission, Plaintiff, v. Monk's Inc., d/b/a International House of Pancakes, Defendant.

Case 2:13-cv Document 433 Filed in TXSD on 07/23/14 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Texas State Library and Archives Commission State and Local Records Management Division

Motion Picture Association of America v. CrystalTech Web Hosting Inc. Doc. 769

PUBLIC UTILITY COMMISSION OF TEXAS (PUC) DOCKET NO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

U.S. District Court Western District of Texas (El Paso) CIVIL DOCKET FOR CASE #: 3:03-cv DB

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION South District Office Post Office Box 2549 Fort Myers, Florida

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Pensacola Division. Case No.: 3:10-cv-91-RV/EMT

United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 2.4 (Chicago) CIVIL DOCKET FOR CASE #: 1:97-cv-03475

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

i Control Number: MINEIMENNI Item Number: 6. Addendum StartPage: 0

BOARD OF APPEALS APPLICATION (VARIANCE FROM SUBDIVISION OR ZONING ORDINANCE) Sec or Sec (c)

Case Doc 7 Filed 09/03/15 Entered 09/03/15 16:39:40 Desc Main Document Page 1 of 2

ATTORNEYS FOR PLAINTIFFS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Transcription:

STATE OF NEW MEXICO BEFORE THE SECRETARY OF ENVIRONMENT IN THE MATTER OF THE HAZARDOUS WASTE BUREAU CLASS 3 CLAmFICATION OF TRU MIXED WASTE DISPOSAL No. HWB 18-19 (P) VOLUME REPORTING PERMIT MODIFICATION TO THE WIPP HAZARDOUS WASTE FACILITY PERMIT SECRETARY'S ORDER APPROVING DRAFT PERMIT This matter came before the Secretary of the Environment following a hearing before the Hearing Officer held on October 23, 24 and 25, 2018 in Carlsbad, New Mexico. The Applicants/Permittees, the U.S. Department of Energy "("DOE") and Nuclear Waste Partnership, LLC ("NWP"), seek to modify the existing Waste Isolation Pilot Plant (WIPP) Hazardous Waste Facility Permit (Permit) Number NM489013 908 8-TSDF to differentiate between the way Resource Conservation and Recovery Act ("RCRA") waste volume is calculated versus the way Land Withdrawal Act ("LWA") TRU waste volume is calculated for the Waste Isolation Pilot Plant ("WIPP"). The Secretary of the Environment ultimately escalated the PMR to a Class 3 proceeding based upon significant public interested and the complexity of the modification, being requested. In accordance with Class 3 pennit modification request procedures, and pursuant to 20.4.1.90 l.a(3) NMAC, the Bureau issued a Draft Permit (AR 180804) initiating a 45-day public comment on August 6, 2018. During the public comment period, the Bureau received approximately 37 public comments, both for and against the PMR, several of which requested a public hearing on the matter (and several of which requested that no hearing be held on the matter). As stated above a public hearing was held on October 23 through 25, 2018 in Carlsbad, New Mexico, the area of the state substantially affected by the proceedings in accordance with 20.4.1.90 l.f(2) NMAC. Parties to the proceeding were the HWB, the

Applicants, Southwest Research and Information Center ("SRIC"), Concerned Citizens for Nuclear Safety ("CCNS"), Nuclear Watch New Mexico ("Nuke Watch"), and Mr. Steve Zappe. All but CCNS and Nuke Watch filed Statements of Intent to Present Technical Testimony. As found in both written and oral testimony, the Bureau generally supported the PMR, but rejected certain requested modifications and added others to ensure that the Permit contained all necessary components. SRIC, CCNS, Nuke Watch, and Mr. Steve Zappe were in opposition to the PMR, arguing that it was in violation of federal law and contrary to past Bureau positions. Having considered the administrative record in its entirety, including Proposed Findings of Fact and Conclusions of Law, closing arguments and all post hearing submittals submitted by the Applicants, the HWB and the other parties to these proceedings, and the Hearing Officer's Report and being other wise fully advised regarding this matter: THE SECRETARY HEREBY ADOPTS THE HEARING OFFICER'S REPORT, PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDED DISPOSITION, IT IS THEREFORE ORDERED THAT: The Draft Permit issued by the HWB on August 6, 2018 as amended by language agreed upon by the HWB and the Parties during their negotiations held September 24-25, 2018 that revised the definition of "Shielded Containers" in Permit Part 3, Section 3.3.1.8 and Permit Attachment Al, Section Al-lb (2) is hereby approved in its entirety. Southwest Research and Information Center's request for oral argument pursuant to 20.1.4.500 C (3) NMAC is denied. IT IS SO ORDERED. ^ _ -. ^ c.- >^<^L(/L_ "~^.y t'><q ^'1^. BUTCH TONGATE, CABINET SECRETARY New Mexico Environment Department

CERTIFICATE OF SERVICE I hereby certify that a copy of the Secretary's Order Approving Draft Permit was sent via electronic mail to the following parties of record on December 21,2018: ON BEHALF OF THE NEW MEXICO ENVIRONMENT DEPARTMENT: Jennifer L. Hower 121 Tij eras Avenue, NE Suite 1000 Albuquerque, New Mexico 87502-3400 Telephone: (505) 222-9550 jennifer.hower@state.nm.us ON BEHALF OF THE NUCLEAR WASTE PARTNERSHIP, LLP: Michael L. Woodward HANCE SCARBOROUGH, LLP 400 W. 15th Street, Ste. 950 Austin, Texas 78701 Telephone: (512) 479-8888 Facsimile: (512) 482-6891 mwoodward@hslawmail.com J.D. Head Fritz Byme, Head & Gilstrap, PLLC 221 W. 6th St., Suite 960 Austin, Texas 78701 Telephone: (512) 476-2020 jhead@fbhg.law Dennis N. Cook General Counsel Nuclear Waste Partnership LLC 4021 National Parks Highway P.O. Box 2078, GSA-202 Carlsbad, New Mexico 88221 Telephone: (575) 234-7116 dennis.cook@wipp.ws Robert A. Stranahan, IV The Stranahan Firm, LLC 1314,2 Madrid Road Santa Fe, New Mexico 87505 Telephone: (505) 577-0729 rstranahan2@me. corn

ON BEHALF OF THE U.S. DEPARTMENT OF ENERGY: Myles Hall Legal Counsel Department of Energy Carlsbad Field Office 4021 National Parks Highway Post Office Box 3090 Carlsbad, New Mexico 88220 ON BEHALF OF HIMSELF: Steve Zappe 60 La Pradera Santa Fe, New Mexico 87508 Telephone: (505) 660-0353 steve_zappe@mac. corn ON BEHALF OF SOUTHWEST RESEARCH AND INFORMATION CENTER: Lindsay A. Lovejoy, Jr. 3600 Cemllos Rd. Unit 1001 A Santa Fe, New Mexico 87507 Telephone: (505) 983-1800 Facsimile: (505) 983-4508 lindsay@lindsaylovejoy.com Don Hancock Southwest Research and Information Center PO Box 4524 Albuquerque, New Mexico 87196-4524 Telephone: (505) 262-1862 Facsimile: (505) 262-1864 sricdon@earthlink.net

ON BEHALF OF CONCERNED CITIZENS FOR NUCLEAR SAFETY Joni Arends Concerned Citizens for Nuclear Safety P.O. Box 31147 Santa Fe, New Mexico 87594-1 147 Telephone: (505) 986-1973 j arends@nuclearactive.org ON BEHALF OF NUCLEAR WATCH NEW MEXICO: Scott Kovac Nuclear Watch New Mexico 903 W. Alameda, #325 Santa Fe,NM 87501 Telephone: (505) 983-7342 scott@nukewatch.org r<~ Pam Castaneda, Hearing Clerk