J ~~.~Eo srqTFS UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

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### FEB 18 2009

OFFICE OF AIR AND RADIATION

Doriald C. Gadbury Director, National TRU Program Carlsbad Field Office Department of Energy P.O. Box 3090 Carlsbad, NM 88221

Dear Mr. Gadbury:

We received your letter dated February 13, 2009, requesting the Environmental Protection Agency's (EPA's) concurrence on the draft certification memo the Carlsbad Field Office (CBFO) plans to issue to the Central Characterization Project (CCP) at the Oak Ridge National Laboratory (ORNL). This request is in accordance with the CBFO procedures that are intended to ensure that the Department of Energy's (DOE) Waste Isolation Pilot Plant (WIPP) site certifications correlate appropriately with EPA approvals for waste characterization activities at DOE transuranic (TRU) waste generator sites.

In November 2007, EPA performed a baseline inspection of ORNL CCP's contacthandled (CH) TRU waste characterization program (EPA-ORNL-CCP-CH-11.07-08) for compliance with EPA regulations as required by 40 CFR 194.8 (69 FR 42571-42583). On August 21, 2008, EPA issued a final inspection report and a letter approving several aspects of the ORNL CCP CH waste characterization program (EPA Air pocket No. A-98-49, Item II-A4-103). From June 30-July 2, 2008, EPA performed a baseline inspection of ORNL CCP's remotehandled (RH) TRU waste characterization program (EPA-ORNL-CCP-RH-06.08-08) for compliance with EPA regulations. On February 3, 2009, EPA issued a final inspection report and a letter approving several aspects of the ORNL CCP RH waste characterization program (EPA Air pocket No. A-98-49, Item II-A4-111).

Upon review of the draft expansion letter for ORNL CCP, EPA determines that itappropriately authorizes characterization and certification of both CH and RH TRU, retrievablystored, debris (S5000) waste at ORNL CCP. The EPA limitations concerning the TRU waste characterization program for CH and RH retrievably-stored waste contained in EPA's August 21, 2008 and February 3, 2009 approval letters remain applicable and are appropriately included in Attachment 4 of your site certification. We concur that the waste characterization equipment, procedures and waste streams encompassed in your draft for ORNL CCP agree with EPA's existing approvals at the site.

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled PaperAdditionally, there were some document references that were inaccurate in the report as

issued for the final approval of ORNL CCP RH. The changes made are highlighted in the enclosure. Please replace the pages in the issued report with the enclosed version.

Thank you for providing us with an opportunity to review the draft certification memo for ORNL CCP. If you have any questions or concerns ; please contact Ed Feltcorn (202-343-9422) or Rajani Joglekar (202-343-9462).

Sincerely,

Tom Peake, Director Center for Waste Management and Regulations

Enclosure

cc: (Electronic Distribution) Alton Harris, DOE HQ Vernon Daub, CBFO Ava Holland, CBFO QA Courtland Fesmire, CBFO Norma Castaneda, CBFO J. R. Stroble, CBFO Martin Navarrete, CBFO QA Dennis Miehls, CBFO QA A1lison Pangle, CTAC Wayne Ledford, CTAC Jonathan Edwards, EPA Raymond Lee, EPA Lloyd Generette, EPA Region 4 Steve Zappe, NMED