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David C. Moody, PhD, Manager Carlsbad Field Office IJ.S. Department of Energy P.O. Box 3090 Carisbad, NM 88221-3090 Dear Dr. Moody: This letter provides the U.S. Environmental Protection Agency's (EPA) baseline approval of the contact-handled (CH) transuranic (TRU) waste characterization program implemented by the Centrai Characterization Projeet (CCP) at the Los Alamos National Laboratory (LANL) (Inspection Number EPA-I,ANL-CCP-05.06-08). The enclosed report (Air poeket No. A-98-49; II-A4-88) describes the basis for EPA's baseline approval results and tiering designations for each of the waste characterization processes evaluated as part of inspections conducted between May 2006 and March 2007. In May 2006, EPA condueted a baseline inspection of LANL-CCP's CH "I

- RU waste eharacterization program to assess the characterization of waste in accordance with EPA regulations (40 CFR 194.8(b)(3), 40 CFR 194.8(c) and 40 CFR 194.24). During the inspection. EPA assessed the technical adequacy of the characterization performed through acceptable knowledge (AK), non-destructive assay (NDA), real time radiography (R"I'R), visual examination (VE), and WIPP Waste Information System (WWIS) for tracking the contents of the waste destined for the disposal at WIPP. EPA's inspection team identified one finding and seven concerns in the areas of visual examination and acceptable knowledge. The Department of Energy's (DOE) Carlsbad Field Offiee (CBFO) adequately responded to EPA's findings and concerns and no issues resulting from this inspection remained open when EPA issued the proposed approval decision for publie eomment. In accordance with 40 CFR 194.8, EPA isstted 

### a Federal Register notice on April 18, 2007, announcing EPA's proposed approval of the CH TRU waste characterization program at LANL-CCP. This 

### F'ederal Register notice also opened a 30-day public comment period on our proposed approval and announced the availability of the inspection report (Air pocket No: A-98- 49; II-A4-87). EPA received one set of public comments on the proposed LANL-CCP inspection report. In the enclosed inspection report. Section 9 and Attachment D discuss the public comments and EPA's responses. €8eeyeiedt€ieeycta61e Printe6 wit S0Y1"YS[roia G* en Pa55ar t9v;. Clfil3fl3 a2 I933! 50K .s @W'oEd flwAfter consideration of public comments on the proposed baseline approval, EPA

approves the disposal of CH TRU debris and solid wastes, as characterized by LANL-CCP, according to the conditions and limitations specified by this letter and inspection report. 'I'his letter and the frnal inspeetion report have been placed in the EPA docket (Air pocket No. A-98- 49, II-A4-88) and posted on the EPA website at www.eRa.aov/radiation/wjpp. EPA approves the following CH TRU waste characterization processes and equipment at LANL-CCP: (1) The AK and load management process for CH retrievably-stored TRU debris and solid wastes and for newly-generated debris wastes from the Offsite Sealed Source Recovery Program (OSRP) (2) The LANL High Efficieney Neutron Counter (IIENC #1) and LANL HENC #2 NDA systems for assaying CH solid and debris wastes (3) The portable tomographic gamma scanner NDA system for assaying CH debris waste (4) V E as a Quality Control (QC) check of the RTR process and in lieu of the RTR process for retrievably-stored solid and debris wastes and Visual Exaniination Technique (VET) of newly-generated debris wastes from the OSRP. However, DOE is not required to maintain the ability to perform VE as a QC check of RTR (see EPA letter of December 6, 2006, see Air poeket A-98-49, II-A4-78). (5) The nondestructive examination process of RT R for CH retrievably-stored solid and debris wastes (6) The WWIS process for traeking of waste contents of solid and debris wastes, including debris from the OSRP. As required by 40 CFR 194.8, any changes to these waste characterization activities from the date of the baseline inspeetion must be reported to, and, if applicable, approved by EPA, according to the enclosed table. Changes to the approved waste characterization program that are designated in the enclosed tabie as Tier 1 must be reported to EPA prior to implementation. DOE may implement Tier 2 changes prior to EPA approval; however, DOE must provide EPA with notification summarizing these changes at the end of each fiscal year quarter. Please note that the notification of Tier 2 changes is different from past praetice, in which DOE had to supply the documentation. The enclosed table (excerpted from the report) identifies the types of activities that are considered Tier 1 and Tier 2. If you have any questions, please contact Rajani Joglekar at (202) 343-9462 or Ed Feltcorn at (202) 343-9422.

### Enclosures

cc: Electronic Distribution Frank Marcinowski, DOE HQ Lloyd Piper, CBFO Vernon Daub, CBFO Casey Gadbury, CBFO Courtland Fesmire, CBFO J.R. Stroble, CBFO Norma Castaneda, CBFO Martin Navarrete, CBFO Dennis Miehls, CBFO Allison Pangle, CTAC Wayne Ledford, CTAC Steve Zappe, NMEDm

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