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s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

W WASHINGTON, D.C. 20460 

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MAR 3 1 2009 

OFFICE OF 

AIR AND RADIATION 

David Moody, Ph.D. 

Manager, Carlsbad Field Office 

U.S. Department of Energy 

P.O. Box 3090 

Carlsbad, NM 88221-3090 

Dear Dr. Moody: 

On October 2, 2008, the Department of Energy (DOE), Carlsbad Field Office (CBFO) 

sent a letter to the Environmental Protection Agency (EPA) commenting on our July 9, 2008 

waste characterization letter, as well as seeking clarification of when DOE/CBFO must request 

EPA concurrence to changes to the DOE's Transuranic (TRU) Waste Acceptance Criteria 

(WAC) for the Waste Isolation Pilot Plant (WIPP). 

I wa.nt to clarify that an EPA concurrence of WAC revisions is necessary when the WAC 

revisions affect the system of controls required at 40 CFR 194.24 that prescribe regulatory limits 

for TRU waste disposed of at the WIPP. The EPA concurrence is not necessary if the changes: 

1) are solely administrative, 2) are as a result of any changes reflecting revisions to the New 

Mexico-issued hazardous waste permit, 3) address revisions to the Federal regulation for TRU 

waste packaging for shipment to WIPP, and/or 4) made to address statutory revisions. For 

example, the latest WAC version dated January 14, 2009, was necessary to remove the 

requirement contained in the energy and Water Development Appropriations Act of 2008 for the 

WIPP (DOE/WIPP-02-3122, Revision 6.3). However, this WAC revision does not require EPA 

concurrence since it does not affect the system of controls at 40 CFR 194.24. 

In the October 2, 20081etter, you took issue with our position that the WAC does not 

emphasize the need for CH TRU waste sites to supply complete and accurate identification of all 

waste material parameters (WMPs). In the response you quoted from the WAC that all items are 

to be identified. We do not disagree with the language from the WAC that you quoted, and that 

is not the issue we have. Our request, however, was that additional language be added to the 

WAC to emphasize the existing non-destructive examination (NDE) language. However, we 

realize that there may be additional ways to reinforce the goal of achieving the best identification 

and estimates of WMPs as possible. We plan to discuss this issue at the upcoming Apri121-22, 

2009, EPA and CBFO National TRU Program Staff Meeting in Carlsbad. 

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

Recycled/Recyclabie • Printed with Vegetabie Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
If you have any questions regarding this approval, please contact Ed Feltcorn at 

(202) 343-9422 or Rajani Joglekar at (202) 343-9462. 

Sincerely, 

~ ._----- 

~ 

Tom Peake, Director 

Center for Waste Management & Regulations 

cc: Electronic Distribution 

Alton Harris, DOE EM 

Vernon Daub, CBFO 

Ava Holland, CBFO 

Casey Gadbury, CBFO 

Russ Patterson, CBFO 

Courtland Fesmire, CBFO 

Norma Castaneda, CBFO 

Martin Navarrete, CBFO 

Dennis Miehls, CBFO 

Steve Zappe, NMED 

David Haar, WTS/CCP 

David Ploetz, WTS/CCP 

Allison Pangle, CTAC 

Wayne Ledford, CTAC