Enclosure 

July 29, 2008, EPA LANL CCP Inspection Report 

1.0 Summary of Purpose 

EPA performed an inspection on July 29th at the Los Alamos National Laboratory 

(LANL) to evaluate the adequacy of corrective actions (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 prevent recurrence of the May 2008 

incident discussed in the next section below. EPA conducted this inspection1 through 

interviews with site personnel, a demonstration of the CCP Data Center, and an 

evaluation of the segregation of drums through observation and tests. EPA inspectors 

were Ed Feltcorn (Lead Inspector), Rajani Joglekar, and Mike Eagle. 

As a result of this inspection, on July 29, EPA concurred with CBFO’s decision to 

resume shipment of LANL’s CH TRU waste except for most containers from the MIN-03 

and CIN-02 waste streams. The reason for the partial approval at that time was because 

database changes had not been made to address issues 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 EPA changes made to the Data 

Center to correct the inadequacies in the data query 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 container of CH TRU S3000 (solid matrix) 

waste (LAS817174) that had an open NCR. This drum was 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 the CCP Data Center database used 

for certifying container shipment. The disposal of the subject drum was a violation of 

the system of controls required under 40 CFR 194 when 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 resume shipment for disposal at WIPP of the EPAapproved TRU waste categories. EPA decided against issuing a report of that inspection as EPA did not

get sufficient objective evidence to base its determination. 
EPA performed an inspection at LANL on June 25th to determine how a TRU waste drum 

with an NCR could be disposed of at WIPP and what corrective 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 until EPA was able to complete its 

investigation. CCP conducted a Root Cause Analysis (RCA) and issued a report on June 

26th. The report listed contributing factors such as the use of a manual search by LANLCCP to select candidate drums for WIPP disposal and the failure of CCP Carlsbad 

personnel to identify the open NCR. CCP’s RCA report can be found on the EPA 

website at, http://www.epa.gov/radiation/docs/wipp/lanldoe_letter_response_71808.pdf. 

DOE completed its evaluation of CCP’s corrective action 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 determined that they were adequately 

instructed in the significance of a red tag denoting an open (active) NCR when moving 

containers for characterization, packaging, and shipment to WIPP. They are also 

instructed to ask for an investigation when a partial tag is found attached to a container or 

when a tag is found separated from a container. Drum movers who work in Dome 49, 

where drums that are candidates for shipment and disposal at WIPP are located, said that 

no container with a red (NCR) tag attached can be moved to the east side “free zone” 

(cleared). They noted that the west (un-cleared) side contained containers with open 

NCRs, in process (not completely characterized containers) 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 and to recognize a failed tag and request 

an investigation by appropriate personnel. 

3.2 Tag Status 

Interviewed container movement personnel also reported that NCR tags were sometimes 

found to be separated from their associated container. This was reported to occur more 

frequently in outdoor storage than in the covered/sheltered storage domes. The drum 

movement personnel also reported that the plastic zip strap/plastic coated red paper tag 

used prior to July 2008 was to be removed only by authorized personnel. Drum movers 

said they would not remove a tag even if directed to do so. According to the CCP Site 

Project Manager (SPM) the red tags can only be removed by CCP personnel and all 

removed tags are to be accounted for. 
The tags of drums early in drum processing (i.e. prior to the completion of the waste 

characterization process) were removed by cutting the 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 tags 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 tags retained by the LANL CCP Site 

Project Manager (SPM). Some of these tags were significantly 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 plastic 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 failed. The drum handling 

procedures are being revised which, when available, EPA will evaluate for 

adequacy. 

• As a long-term solution, CCP management described and 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-coated paper tag and has ultraviolet protection to reduce the risk of failure due to weathering. The tag will be 

attached by a red metal bracket (with NCR CCP marking) 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 the 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 responsible for characterizing and 

shipping CH TRU waste for disposal at WIPP. The new tag assembly would 

ensure that in an event the tag is intentionally removed/ripped off/fallen due to 

weathering, the red metal bracket with the “NCR CCP” marking will remain 

attached unless purposefully cut using a wire cutter. This step would prevent 

recurrence of the shipment and disposal of a previously tagged drum with an open 

NCR. 
EPA found that the physical tag system had been sufficiently strengthened to preclude 

recurrence of the inability of drum handlers and CCP 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 center 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 containers 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 performed. 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 search known as Standard Search 

10. This manual query was necessary because the Standard Search 7 would not select 

any drums that did not have a valid HSG. Furthermore, the manual search could not 

screen out drums with open NCRs unless searched manually, thereby compounding the 

risk of an improper container selection for certification for shipment. 

In addition, to obtain objective evidence for database search adequacy, EPA inspectors 

selected 10 containers each on the east and west side 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 characterization and NCR information. 

All containers selected during this inspection and those selected at the June 25th

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

characterized. None were observed to have red NCR tags. 

During the July 29 inspection, CCP indicated that it was making changes to the data 

center database and training the CCP personnel mentioned above. CCP and CBFO 

maintained that designated changes will address the failure of several CCP Carlsbad 

personnel to detect open NCR associated with TRU drums. EPA informed CBFO/CCP 

that EPA would evaluate appropriateness and adequacy of the CCP changes to the Data 

Center query process. At the end of the July 29 inspection, therefore, EPA limited its 

concurrence for resumption of TRU LANL solid waste until CCP modifies and EPA 

approves changes to the standard search function for drum selection as WIPP eligible. 

As discussed in the paragraph below, this restriction is now lifted, given EPA’s 

evaluation of changes made to the CCP Data Center database search procedure. 

On August 6, 2008, CBFO/CCP conducted a Live Meeting online demonstration to EPA 

of the modifications to the CCP Data Center database search. CCP was able to 

demonstrate the adequacy of the changes – a new search 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 Carlsbad 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 query 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 29th inspection, EPA examined the storage area designated Dome 49. 

This is the primary location where containers are kept immediately prior to shipment to 

the WIPP. The east side of the dome is roped off and marked to designate the area for 

containers that are NCR free (known as Free Zone) and fully characterized and certified 

for WIPP disposal. Only containers certified for shipment 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 area for in-process drums. These include 

drums that are in various stages of characterization, 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 transferred 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 side of Dome 49, enhanced 

communication between different entities, and verification steps implemented by LANL 

CCP and LANL are sufficient to resume disposal of LANL’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 review 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 was intact LANL drum movers would 

have questioned eligibility of the subject drum for shipment. 

Based on the information gathered and reviewed during the inspection, EPA inspectors 

determined that the failure of the NCR tag and the ability of the LANL-CCP and CCP 

Data Center staff to select drums as potential candidates for disposal with open NCRs 

were the primary factors contributing to the shipment of an uncertified drum from LANL. 

The corrective actions taken by CCP/DOE and objective evidence evaluated during the 

July 29 inspection and Aug 6 evaluation are the basis for EPA’s determination that these 

changes are adequate and sufficiently robust for the MIN-03 and CIN-02 waste streams 

and would prevent recurrence at LANL or other CCP sites handling similar waste 

streams. Therefore, EPA concurs with the DOE’s July 18th decision to resume disposal 

of EPA-approved CH TRU waste from LANL at WIPP. EPA will evaluate the 

segregation of certified containers at all sites that dispose of TRU waste at WIPP.