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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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OFFICE OF APR 2 1 2010 AIR AND RADIATION Donald C. Gadbury Manager, National TRU Program Carlsbad Field Office C1.S. Department of Energy P.O. Box 3090 Carlsbad, NM 88221-

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Dear Mr. Gadbury:
On August 28, 2009, Carlsbad Field Office (CBFO) requested that the U. S.Environmental Protection Agency (EPA) approve a proposed Tier 1(T1) change to add PreSETF (Pre-Solvent Extraction Test Facility) wastes (generated April 1972 — November 1978), to the EPA-approved remote handled (RH) waste stream OR-REDC-RH-HET generated at the Oak Ridge National Laboratory (ORNL). The Central Characterization Project (CCP) is responsible for characterizing this waste for disposal at the Waste Isolation Pilot Plant (WIPP). This letter approves the proposed T1 change based on the results of our T1 evaluation discussed in the enclosed report placed in the Agency's public docket (EPA Docket No. A-98-49; II-A4-124). ORNL may dispose of the Pre-SETF waste at the WIPP.
The Central Characterization Project (CCP) characterized the Pre-SETF debris wasteusing the system of controls that the EPA approved in February 2009 (see EPA Docket No. A98-49,1I-A4-111). Earlier this year, EPA conducted the evaluation of the proposed Tl change and identified no Findings or Concerns requiring resolution. However, EPA determined that the sarnpling plan implemented to obtain waste samples for radiological analysis was not adequate. That is, the plan did not describe the process for sample selection and collection activities that actually occurred. EPA did not raise this as an issue because the data collected were analyzed in conjunction with the data obtained for contact-handled (CH) Pre-SETF waste. The two data sets in combination were technically adequate for the development of scaling factors.
Whenever laboratory analysis is necessary, the site should implement a well-documented sampling plan. For EPA, the lack of an adequate RH waste sampling plan has been an ongoing concern since the EPA began approval of the RH Waste Characterization Programs. The current Waste Characterization Program Implementation Plan (WCPIP) does not explicitly require the need for a well-documented sampling plan when sarnpling the RH waste for radiological characterization. EPA expects that the RH WCPIP, which is currently being revised, will incorporate this as a requirement.

Internet Address (URL) • http://www.epa.gov

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100 % Postconsumer, Process Chlorine Free Recycled PaperIf you have any questions regarding this approval, please contact Rajani Joglekar at (202)

343-9462 or Ed Feltcorn at (202) 343-9422.
Sincerely,

C,> j Tom Peake, Director Center for Waste Management and Regulations

Enclosure

cc: Electronic Distribution Christine Gelles, DOE EM Alton Harris, DOE EM David Moody, CBFO Vernon Daub, CBFO J R Stroble, CBFO Ava Holland, CBFO Courtland Fesmire, CBFO Martin Navarrete, CBFO Dennis Miehls, CBFO Bill McMillan, ORNL Mike Sensibaugh, WTS-CCP Allison Pangle, CTAC Wayne Ledford, CTAC Steve Zappe, NMED Lloyd Generette, EPA Region 4