SUBJECT: Posting EPA-R09-RCRA-2012-0361 to Regulations.gov for Public Access

FROM: Stephen F. Tyahia

Proj ect ManagerRCRA Corrective Action OfficeWaste Management Division, EPA Region 9

TIIRU: Steven S. Armann,(\f /

Manager, RCRA (x*’ve Action Office

Waste Managemet \viion, EPA Region 9

TO: File

This memorandum authorizes the posting ofEPA-R09-RCRA-2012-0361 to Regulations.gov for publicaccess.This docket contains documents related to EPA’s review and intention to approve a petition submitted

by the U.S. Department ofEnergy (“DOE”) requesting a site-specific one-time variance from the

applicable treatment standard under the hazardous waste Land Disposal Restrictions regulations for thefuture disposal oftwo radioisotope thermoelectric generators. However, prior to making a final decisionon DOE’s petition, EPA must provide opportunity for public comment. This docket serves two

purposes: first, it is a publicly available repository to DOE’s petition and documents related to EPA’s

review and intended approval ofthe petition; and secondly, the docket provides one means for the publicto provide comments on EPA’s intention to approve the petition—by submitting comments on thismemorandum via www.regulations.gov. VThe two radioisotope thermoelectric generators (or “RTG5”) are currently located in a secured covered

storage area at the Oak Ridge National Laboratory complex in Oak Ridge, Tennessee (“ORNL”) and

have not yet been declared a waste by DOE. In anticipation of their disposal, DOE is proposing an

alternative treatment method (“macroencapsulation”) be used in lieu ofthe applicable treatment standardofthermal desorption and recovery ofthe mercury. DOE’s petition is being made pursuant to the Land

Disposal Restrictions regulations found in the Code of Federal Regulations (“C.F.R.”), Title 40, Part268. EPA has reviewed the petition and has made a proposed decision to approve it. However, prior tomaking a final decision on the petition, EPA, as required the regulations, is providing an opportunity for

public comment on its intention to approve the petition.

This document will be open for public comment from May 18 through June 17, 2012.
EPA’s policy is that all comments received will be included in the public docket without change and

may be made available online at http://www.regulations.gov, including any personal informationprovided, unless the comment includes information claimed to be Confidential Business Information

(CBI) or other information whose disclosure is restricted by statute. Do not submit information that you

consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The

http://www.regulations.gov Web site is an “anonymous access” system, which means EPA will not

know your identity or contact information unless you provide it in the body of your comment. If you

send an e-mail comment directly to EPA without going through http://www.regulations.gov, your e-mail

address will be automatically captured and included as part ofthe comment that is placed in the publicdocket and made available on the Internet. If you submit an electronic comment, EPA recommends that

you include your name and other contact information in the body of your comment. If EPA cannot read

your comment due to technical difficulties and cannot contact you for clarification, EPA may not be ableto consider your comment. Electronic files should avoid the use ofspecial characters, avoid any form of

encryption, and be free of any defects or viruses. For additional information about EPA’s public docket,

visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

Should you have any questions regarding this memorandum, please contact Steve Tyahla at (415) 972-

3466, or via email at tvahla.stephen(epa.gov.