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### oCT 7 2009

OFFICE OF AIR AND RADIATtON

Dr. David Moody Manager, Carlsbad Field Office U.S. Department of Energy P.O. Box 3090 Carlsbad, NM 88221-3090
Dear Dr. Moody:
The U.S. Environmental Protection Agency (EPA) approves soils (S4000) from waste stream OR-NFS-CH-SOIL, characterized by the Central Characterization Project (CCP)'s contact-handled, transuranic waste characterization program at the Oak Ridge National Laboratory (ORNL), for disposal at the Waste Isolation Pilot Plant.
On May 13, 2009, the Carlsbad Field Office (CBFO) submitted a request to the U.S.Environmental Protection Agency to dispose of soils/gravel waste from waste stream OR-NFSCH-SOIL as a Tier 1 change to the baseline approval of the ORNL-CCP's contact-handled, transuranic waste characterization program. In August 2009, EPA evaluated the waste characterization processes implemented by ORNL-CCP for this retrievably-stored waste. The enclosed inspection report (Docket No. A-98-49; II-A4-117), discusses the results of EPA's evaluation. The evaluation resulted in EPA identifying three concerns, two of which required a response. These EPA concerns were adequately addressed by CBFO and are documented in the enclosed report.
In addition to this approval, EPA is concerned about two programmatic issues the CBFO and transuranic waste sites should be cognizant of and not repeat:
1. CBFO submitted a Tier I approval request after almost all (500+) the containers of ORNFS-CH-SOIL waste had been fully characterized. In the future DOE should provide the Tier 1 supporting characterization information earlier in the characterization process when a sufficient number of containers (e.g., 15-30) have been characterized, as is intended by the Tier I process. By waiting until most of the containers are characterized,DOE runs the risk of EPA disapproval of the Tier 1 change requiring the recharacterization of the containers. This is the second instance of this in recent months. CBFO made a similar request for Tier 1 change approval of Hanford's K-Basin sludge waste in November 2008 after the waste population had been completely characterized.

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable o Printed with Vegetable Oil Based Inks on 100 % Postconsumer, Process Chlorine Free Recycled PaperIn that instance, EPA did find Hanford's waste characterization program for the K-Basin

sludge waste noncompliant with 40 CFR 194.24 requirements resulting in a nonapproval.

2. Concurrent with CBFO's May 2009 Tier 1 approval request, ORNL-CCP added a new soil waste stream -- soils from the burial trench at Nuclear Fuels Services, Inc and revised the Acceptable Knowledge Summary Report without informing EPA prior to our evaluation. Since DOE did not provide EPA with appropriate documentation in a tiniely manner, EPA is not approving the additional waste as part of this decision. DOE will need to provide the full information for the additional waste in another Tier 1 request.
If you have any questions regarding this approval, please contact Ed Feltcorn at (202) 343-9422 or Rajani Joglekar at (202) 343-9462.

ithan Edwards, Director iation Protection Division

Enclosure

cc: Electronic Distribution Alton Han:is, DOE HQ Vernon Daub, CBFO Norma Castaneda, CBFO Courtland Fesmire, CBFO J R Stroble, CBFO Ava Holland, CBFO Dennis Miehls, CBFO Martin Navarrete, CBFO Bill McMillan, DOE-ORO Steve Zappe, NMED D K Ploetz, WTS-CCP Marc Pearcy, WTS-CCP Allison Pangle, CTAC Wayne Ledford, CTAC