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EPA Letter to CBFO


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Dr. lnés Triay, Manager
Carlsbad Field Office
P0- Box 3090
Carlsbad NM 88220

Dear Dr. Triay:

The US Environmental Protection Agency (EPA) recently Iearned that approximately 800 drums that were not properly certified have been disposed of in Waste Isolation Pilot Plant (WIPP) or are located at the WIPP’s surface facility. These drums were shipped to the WTPP by the Idaho National Engineering and Environmental Laboratory (INEEL). INEEL characterized the drums using the Waste Assay Gamma Spectrometer (WAGS) System, which had not been evaluated and approved by the US Department of Energy's Carlsbad Field Office (CBFO) or by EPA in accordance with the requirements of 40 CFR 194 Section 8(b) and 24(c).

As a precaution, on June 27, we instructed CBFO to suspend waste shipments from INEEL, and to suspend emplacement of lNEEL waste at the WIPP, until EPA could conduct a preliminary inspection of the equipment in question. We conducted the inspection on July 2 and 3. The purpose of this inspection was to verify which waste container had been chacterized by the unapproved equipment.

I appreciate the cooperative efforts made by CBFO and INEEL to prepare for the inspection, particularly during the holiday period. Because of your cooperation with my staff, we were able to quickly obtain the information necessary to identify affected drums and establish that those drums pose no immediate risk to the public or the environment. Our preliminary conclusion is that INEEL is taking proper actions to identify the root cause of the nonconformance and to prevent its recurrence at INEEL and other waste generator sites.

Therfore,CBFO may allow waste that was characterized, by the WAGS system to remain in the underground mine for the present. This decision is conditionaI upon the WAGS system’s satistactory assessment during a formal inspection by EPA, conducted in accordance with 40 CFR 194.8, to thoroughly evaluate the technical adequacy of the WAGS system.

Waste from INEEL that is located at the WIPP surface facility may be placed in the mine if it was characterized using processes previously approved by EPA; otherwise it should be held on the surface until we issue our determInation on the WAGS system. CBFO may allow INEEL to resume shipment and disposal of approved waste streams that were characterized using EPA approved equipment. Shipment end disposal of waste characterized by the unapproved ystem (WAGS) may not resume until EPA has formally inspected the system and issued a decision about its adequacy. As you know, this process will include a 30-day period public for public comment, followed by a determination from EPA. We will seek to resolve the status of the WAGS system as expeditiously as possible.

We will issue a report on the findings of our July 2-3 inspection shortly, and will return to INEEL in the near future to conduct a detailed inspection WAGS system. If you have any questions please contact Frank Marcinowski at (202) 564.9290

Sincerely,

Stephen D. Page, Director
Office of Radiation and Indoor Air

Nuclear Watch of New Mexico

551 W. Cordova Rd. #808
Santa Fe, NM 87505

505.989.7342 - phone
505.989.7352 - fax
info@nukewatch.org

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