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HOUSE MEMORIAL 89

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

John A. Heaton

A MEMORIAL

RECOGNIZING THE IMPORTANCE OF PUBLIC PARTICIPATION AND

STAKEHOLDER NEGOTIATIONS IN THE 2006 WASTE ISOLATION PILOT

PLANT (WIPP) PERMIT MODIFICATION.

WHEREAS, on October 16, 2006, Governor Bill Richardson and

Secretary Ron Curry, New Mexico department of environment,

issued a historic modification to the waste isolation pilot

plant (WIPP); and

WHEREAS, the modified permit incorporates the most

significant changes in WIPP's operations since the original

permit was issued in 1999, allows the disposal of remote-

handled transuranic (TRU) wastes, changes the waste

characterization process, adds new waste confirmation

procedures, increases the facility's waste storage capacity and

adds a new method for demonstrating that underground disposal

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rooms at WIPP comply with environmental performance standards

for volatile organic compounds; and

WHEREAS, the permit also requires the United States

department of energy and its operating contractor, Washington

TRU Solutions, to maintain an email notification list of people

and organizations interested in many of WIPP's operations; and

WHEREAS, the permit modification underscores WIPP's role

as an economic engine in southeastern New Mexico and was issued

without sacrificing environmental protection for all New

Mexicans; and

WHEREAS, the issuance of the modified permit truly

demonstrates the effectiveness of meaningful public

participation and stakeholder involvement; and

WHEREAS, the department of environment-led negotiations,

which began in March 2006 and lasted for more than two months,

intended to resolve issues that gave rise to opposition to the

draft permit; and

WHEREAS, the negotiations resulted in several important

agreements among the department of environment; the WIPP

permittees, which are the department of energy, owner and a co-

operator of WIPP, and Washington TRU Solutions, LLC, a co-

operator of WIPP; Southwest Research and Information Center;

Concerned Citizens for Nuclear Safety; Citizens for

Alternatives to Radioactive Dumping; the New Mexico office of

the attorney general; and other organizations and individuals

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who participated by phone; and

WHEREAS, the department of environment convened a public

hearing on the draft permit on May 31, 2006, and, after hearing

more than a week of technical testimony and public comment in

both Carlsbad and Santa Fe and considering volumes of evidence,

Governor Bill Richardson and Secretary Ron Curry issued a

permit that included the negotiated changes; and

WHEREAS, the negotiated permit is not only protective of

public health and the environment but is also protective of the

public's right to full disclosure of information at the WIPP

facility; and

WHEREAS, through the permit negotiations, the parties

agreed to several important provisions that will continue to

ensure the safe operation of WIPP and facilitate the free

exchange of information between WIPP, the department of

environment and persons and organizations interested in WIPP's

potential environmental impacts; and

WHEREAS, the team of committed permit writers and

attorneys, under the skillful leadership of James Bearzi, the

department of environment's hazardous waste bureau chief, the

department demonstrated sound science, strong leadership and

true commitment to the protection of public health and the

environment;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that recognition be

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extended to the New Mexico department of environment and the

WIPP permit team of James Bearzi; Steve Zappe, WIPP project

leader; Kate Lynnes, former department environmental scientist;

and Chuck Noble, assistant general counsel, for their

negotiation efforts; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to Governor Bill Richardson, Secretary Ron Curry

and James Bearzi.

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