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### MM 4 2009

OFFICE OF AIR AND RADIATION Mr. Frank Marcinowski Deputy Assistant Secretary for Regulatory Compliance US Deparhnent of Energy Office of Environmental Management (EM-10) Forrestal Building 1000 Independence Ave., S.W. Washington, DC 20585

David Moody, Ph.D. Manager, Carlsbad Field Office U.S. Department of Energy P.O. Box 3090 Carlsbad, NM 88221-3090

Dear Mr. Marcinowski and Dr. Moody:

This letter approves the use of visual examination. (VE) using audio/video (A/V) recordings from packaging of contact-handled (CH) transuranic (TRU) debris waste prepared by a small generator site (SGS). The details of the approval are given below and in the enclosed report (A-98-49, II-A4-110) that discusses the U. S. Environmental Protection Agency (EPA)'s evaluation of the issue. We have also placed the report in EPA's public docket.

On November 13, 2008, the U. S. Department of Energy (DOE)'s Carlsbad Field Office (CBFO) notified EPA of a proposed Tier 2(T2) change to the EPA-approved CH TRU waste characterization program implemented by the Central Characterization Project (CCP) at the Idaho National Laboratory (INL). The change entails INL-CCP personnel utilizing procedures CCP-TP-163, CCP Standard Visual Examination of Records and CCP-TP-113, CCP Standard Contact-Handled Visual Examination for performing VE using A/V recordings or waste packaging records from packaging of CH TRU retrievably stored waste. EPA disagreed with CBFO's T2 designation for this change. In our November 25, 2008, letter we notified DOE that the change would be evaluated as a Tier 1 change. The reasons for the T1 designation are also discussed in the enclosed inspection report.

EPA conducted an on-site evaluation on December 9-11, 2008, to evaluate this change. As a result of this evaluation, EPA identified seven (7) concerns. DOE responded to the concerns on January 23, 2009. EPA conducted a follow up inspection on February 2, 2009, to further evaluate the status of the resolution of the concerns. A few unresolved concerns required discussions among EPA, DOE Headquarters and CBFO staf£

Intemet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetabie Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)As a result of our discussions and the information in the attached report, EPA approves

the process of generating VE information utilizing A/V recordings (CCP-TP-163) produced during the waste packaging process for all NTS debris waste containers. Using the approved VE process, INL-CCP will generate VE batch data reports (BDRs) in accordance with the previously-approved procedure CCP-TP-113. This approval requires that INL-CCP use the A/V recordings to confirm that the NTS debris waste has been packaged in empty containers. Note that, at this time, EPA is not approving the use of waste packaging records by themselves for characterizing TRU waste containers packaged by SGSs. EPA will determine separately whether these records may be used for this purpose. Such use of waste packaging records will also be evaluated as a T 1 change.

In addition ; after EPA notification, INL-CCP and other EPA-approved CCP sites may use this approved process for characterizing CH TRU debris waste packaged at other SGSs. When characterizing SGS-generated CH TRU debris waste, CCP may only use EPA-approved waste characterization procedures.

If you have any questions regarding this approval, please contact Ed Feltcorn at (202) 343-9422 

## or Rajani Joglekar at (202) 343-9462:

gan D. Edwards, Director iation Protection Division

Enclosure

cc: Electronic Distribution Alton Harris, DOE HQ Jonathan Edwards, EPA HQ Vernon Daub, CBFO Casey Gadbury, CBFO Ava Holland, CBFO Courtland Fesmire, CBFO Norma Castaneda, CBFO Martin Navarrete, CBFO Dennis Miehls, CBFO Allison Pangle, CTAC Wayne Ledford, CTAC Steve Zappe, NMED