Enclosure

July 29, 2008, EPA LANL CCP Inspection Report

1.0 Summary of Purpose

**EPA performed an inspection on July 29 th**  **at the Los Alamos National Laboratory (LANL) to evaluate the adequacy of corrective actio**  **ns (CAs) that Central Characterization Project (CCP) implemented at LANL**  **related to the container identification and management portion of the system**  **of controls required by 40 CFR 194.24. The CCP had to implement certain CAs to pr**  **event recurrence of the May 2008**

**incident discussed in the next section below. EPA conducted this inspection**  **1 through**  **interviews with site personnel, a demonstration of the CCP Data Center, and an**  **evaluation of the segregation of drums through obse rvation and tests. EPA inspectors**  **were Ed Feltcorn (Lead Inspector), Rajani Joglekar, and Mike Eagle.** 

**As a result of this inspection, on July 29, EPA con curred with CBFO’s decision to**  **resume shipment of LANL’s CH TRU waste except for m ost containers from the MIN-03**  **and CIN-02 waste streams. The reason for the parti al approval at that time was because**  **database changes had not been made to address issue s that led to the certification of a**  **subject drum with an open NCR. On an August 6 Live Meeting Conference Call,**  **Carlsbad Field Office (CBFO)/CCP demonstrated to EP A changes made to the Data**  **Center to correct the inadequacies in the data quer y process. EPA determined them to be**  **adequate and the implemented changes would prevent recurrence. These changes are**  **currently LANL solid waste specific, however, this CCP query search would be**  **applicable at all CCP TRU sites when certifying any TRU solid waste not requiring head**  **space gas analysis.**

2.0 Background

**In May 2008, the CCP at LANL disposed of a containe r of CH TRU S3000 (solid matrix)**  **waste (LAS817174) that had an open NCR. This drum w as one of four drums**  **overpacked in a standard waste box (SWB) because of integrity concerns. The SWB was**  **then shipped and disposed of at the Waste Isolation Pilot Plant (WIPP). A couple of**  **weeks after the drum was emplaced in the repository , during routine Quality Assurance**  **(QA) checks, CCP QA staff discovered the error in t he CCP Data Center database used**  **for certifying container shipment. The disposal o f the subject drum was a violation of**  **the system of controls required under 40 CFR 194 wh en characterizing and disposing**  **TRU waste at the Waste Isolation Pilot Plant (WIPP) . Subsequent to this event, the**  **Department of Energy (DOE) suspended all shipments from LANL.** 

**1 On June 25, EPA conducted inspection at LANL and**  **concluded that CCP/CBFO had more work to do**

**before EPA can concur with the DOE’s decision to re sume shipment for disposal at WIPP of the EPA**  **approved TRU waste categories. EPA decided against issuing a report of that inspection as EPA did not**  **get sufficient objective evidence to base its deter mination.** **EPA performed an inspection at LANL on June 25 th**  **to determine how a TRU waste drum**

**with an NCR could be disposed of at WIPP and what co rrective actions CCP has**  **proposed to DOE that would prevent recurrence. At the end of this EPA inspection, DOE**  **committed to wait to resume shipment from LANL unti l EPA was able to complete its**  **investigation. CCP conducted a Root Cause Analysis (RCA) and issued a report on June** 

**26 th**  **. The report listed contributing factors such as t he use of a manual search by LANL**  **CCP to select candidate drums for WIPP disposal and the failure of CCP Carlsbad**  **personnel to identify the open NCR. CCP’s RCA repor t can be found on the EPA** 

**website at, http://www.epa.gov/radiation/docs/wipp/lanldoe_lett**  **er_response_71808.pdf**

**. DOE completed its evaluation of CCP’s corrective ac**  **tion plan developed in response to CBFO QA CAR 008-025 and on July 18 informed EPA of**  **its intention to resume shipment and disposal of TRU waste from LANL.** 

3.0 Description of Inspection Activities Performed:

**3.1 LANL CH TRU Container Mover Interviews**

**EPA inspectors interviewed LANL personnel involved in the movement of containers of**  **CH TRU waste. During those interviews it was deter mined that they were adequately**  **instructed in the significance of a red tag denotin g an open (active) NCR when moving**  **containers for characterization, packaging, and shi pment to WIPP. They are also**  **instructed to ask for an investigation when a parti al tag is found attached to a container or**  **when a tag is found separated from a container. Dr um movers who work in Dome 49,**  **where drums that are candidates for shipment and di sposal at WIPP are located, said that**  **no container with a red (NCR) tag attached can be mo ved to the east side “free zone”**  **(cleared). They noted that the west (un-cleared) s ide contained containers with open**  **NCRs, in process (not completely characterized conta iners) and containers held for other** 

**reasons.**

**EPA determined that the drum movement personnel had been properly trained and were**  **qualified to prevent inadvertent removal of a tag a nd to recognize a failed tag and request**  **an investigation by appropriate personnel.**

**3.2 Tag Status**

**Interviewed container movement personnel also repor ted that NCR tags were sometimes**  **found to be separated from their associated contain er. This was reported to occur more**  **frequently in outdoor storage than in the covered/s heltered storage domes. The drum**  **movement personnel also reported that the plastic z ip strap/plastic coated red paper tag**  **used prior to July 2008 was to be removed only by a uthorized personnel. Drum movers**  **said they would not remove a tag even if directed t o do so. According to the CCP Site**  **Project Manager (SPM) the red tags can only be remo ved by CCP personnel and all**  **removed tags are to be accounted for. The tags of drums early in drum processing (i.e. pr**  **ior to the completion of the waste**

**characterization process) were removed by cutting t he plastic zip strap and removing the**  **entire tag/strap assembly. The tags of containers fully characterized and therefore cleared**  **for movement to the Dome 49 (east) area had the tag s generally ripped off and the zip tie**  **left in place. The tag on the container overpacked and shipped to WIPP was in this**  **condition with the tag removed and the strap still in place.** 

**EPA inspectors were shown a sampling of removed tag s retained by the LANL CCP Site**  **Project Manager (SPM). Some of these tags were sig nificantly degraded (weathered).**  **These tags were faded, torn, and cracked. The LANL CCP SPM then described the**  **interim and the long-term solution to the degraded tag problem.** 

• **As an interim solution, the SPM reported that all p lastic zip ties have been**  **replaced with a metal wire/locking red plastic body (with a visible marking NCR**  **CCP) that would remain in place even if a tag fell off to alert LANL drum movers**  **(non-CCP) and CCP personnel that a tag may have fai led. The drum handling**  **procedures are being revised which, when available, EPA will evaluate for**  **adequacy.**

• **As a long-term solution, CCP management described a nd displayed the new tag**  **that will be implemented in the near future. (See picture below.) The tag is**  **thicker plastic than the previously used plastic-co ated paper tag and has ultra**  **violet protection to reduce the risk of failure due to weathering. The tag will be**  **attached by a red metal bracket (with NCR CCP markin g) using aircraft grade,**  **twisted steel cable that requires metal cutters to remove. The “CCP HOLD TAG”**  **to be used in the field will have a red (blue in th e example in the picture) metal**  **bracket and be appropriately marked, “NCR CCP”. CCP plans to use this new tag**  **assembly at all DOE TRU sites where CCP is responsi ble for characterizing and**  **shipping CH TRU waste for disposal at WIPP. The ne w tag assembly would**  **ensure that in an event the tag is intentionally re moved/ripped off/fallen due to**  **weathering, the red metal bracket with the “NCR CCP” marking will remain**  **attached unless purposefully cut using a wire cutte r. This step would prevent**  **recurrence of the shipment and disposal of a previo usly tagged drum with an open** 

**NCR. EPA found that the physical tag system had been suf**  **ficiently strengthened to preclude recurrence of the inability of drum handlers and CC**  **P personnel to recognize the failure of an associated NCR tag.** 

**3.3 CCP Data Center Database**

**EPA was given a demonstration of the CCP data cente r by the LANL CCP SPM and CCP**  **Manager. The CCP data center is not a part of the certified program; however, it**  **performs an important function to the control of co ntainers with NCRs. One of the** 

**reasons the NCRed container was able to be selected by the data center as a candidate for**  **disposal was that the waste stream it belonged to ( MIN-03) was exempted from the**  **requirement that a head space gas (HSG) test be per formed. Therefore to select candidate**  **drums from this waste stream (requested by the CCP Lot Evaluator in CCP’s Carlsbad**  **Office), the LANL CCP SPM had to perform a manual s earch known as Standard Search**  **10. This manual query was necessary because the St andard Search 7 would not select**  **any drums that did not have a valid HSG. Furthermo re, the manual search could not**  **screen out drums with open NCRs unless searched manu ally, thereby compounding the**  **risk of an improper container selection for certifi cation for shipment.** 

**In addition, to obtain objective evidence for datab ase search adequacy, EPA inspectors** 

**selected 10 containers each on the east and west si de of Dome 49. CCP provided the** 

**CCP Data Center Standard Search 1 results for each container selected. Standard Search**  **1 provides a detailed container history including c haracterization and NCR information.**  **All containers selected during this inspection and those selected at the June 25**  **th**

**inspection were found to have no open NCRs and were documented as fully** 

**characterized. None were observed to have red NCR t ags.** 

**During the July 29 inspection, CCP indicated that i t was making changes to the data**  **center database and training the CCP personnel ment ioned above. CCP and CBFO**  **maintained that designated changes will address the failure of several CCP Carlsbad**  **personnel to detect open NCR associated with TRU dru ms. EPA informed CBFO/CCP**  **that EPA would evaluate appropriateness and adequac y of the CCP changes to the Data**  **Center query process. At the end of the July 29 in spection, therefore, EPA limited its**  **concurrence for resumption of TRU LANL solid waste until CCP modifies and EPA**  **approves changes to the standard search function fo r drum selection as WIPP eligible.**  **As discussed in the paragraph below, this restricti on is now lifted, given EPA’s**  **evaluation of changes made to the CCP Data Center d atabase search procedure.** 

**On August 6, 2008, CBFO/CCP conducted a Live Meetin g online demonstration to EPA** 

**of the modifications to the CCP Data Center databas e search. CCP was able to**  **demonstrate the adequacy of the changes – a new sea rch capability (“Candidate List for**  **the FGA Exempt Drums at LANL) implemented on August 4, 2008. EPA concurs that**  **these changes will allow a CCP Lot Evaluator in Car lsbad office to properly select LANL**  **waste belonging to waste streams MIN-03 and CIN-02 solids waste streams as candidates** **for WIPP eligible drums for disposal. The same que ry could be used by CCP at other** 

**sites to select TRU waste drums with similar waste characteristics.** 

**3.4 Segregation in Dome 49**

**During the July 29 th**  **inspection, EPA examined the storage area designat ed Dome 49.**  **This is the primary location where containers are k ept immediately prior to shipment to**  **the WIPP. The east side of the dome is roped off a nd marked to designate the area for**  **containers that are NCR free (known as Free Zone) an d fully characterized and certified**  **for WIPP disposal. Only containers certified for s hipment are allowed in this area. EPA**  **determined that the segregation of waste containers on the east side of Dome 49 was**  **adequate.**

**The west side of the Dome 49 is used as storage are a for in-process drums. These include**  **drums that are in various stages of characterizatio n, those with NCR HOLD tags**  **requiring additional investigation, and those drums that are fully characterized and are** 

**cleared for certification but which have not been t ransferred to the Free Zone.** 

**EPA agrees with DOE that: the segregation of waste in the Free Zone, additional checks**  **performed by LANL on all containers on the east sid e of Dome 49, enhanced** 

**communication between different entities, and verif ication steps implemented by LANL**  **CCP and LANL are sufficient to resume disposal of L ANL’s TRU waste including**  **containers belonging to both the CIN-02 and MIN-03 waste streams.** 

4.0 Conclusions

**The weakness in the CCP’s Data Center database revi ew process resulted in a TRU drum**  **with open NCR being certified as WIPP eligible. The absence of an NCR tag**  **compounded the problem, that is, if the hold tag wa s intact LANL drum movers would**  **have questioned eligibility of the subject drum for shipment.** 

**Based on the information gathered and reviewed duri ng the inspection, EPA inspectors**  **determined that the failure of the NCR tag and the a bility of the LANL-CCP and CCP**  **Data Center staff to select drums as potential cand idates for disposal with open NCRs**  **were the primary factors contributing to the shipme nt of an uncertified drum from LANL.**  **The corrective actions taken by CCP/DOE and objecti ve evidence evaluated during the**  **July 29 inspection and Aug 6 evaluation are the bas is for EPA’s determination that these**  **changes are adequate and sufficiently robust for th e MIN-03 and CIN-02 waste streams**  **and would prevent recurrence at LANL or other CCP s ites handling similar waste** 

**streams. Therefore, EPA concurs with the DOE’s Jul y 18**  **th decision to resume disposal**  **of EPA-approved CH TRU waste from LANL at WIPP. EP A will evaluate the**  **segregation of certified containers at all sites th at dispose of TRU waste at WIPP.**