Certified Mail - Return Receipt Requested
August 30, 2001
Dr. Inés Triay, Manager Mr. John Lee, General Manager
Carlsbad Field Office Westinghouse TRU Solutions, LLC
Department of Energy P.O. Box 2078
P. O. Box 3090 Carlsbad, New Mexico 88221-5608
Carlsbad, New Mexico 88221-3090
RE: Administrative Action, Drum Age Criteria Class 2 Modification Request
WIPP Hazardous Waste Facility Permit
EPA I.D. Number NM4890139088
Dear Dr. Triay and Mr. Lee:
The New Mexico Environment Department (NMED) hereby takes administrative action on the above referenced Class 2 permit modification request to the WIPP Hazardous Waste Facility Permit, as submitted to the Hazardous Waste Bureau in the following document:The Department of Energy Carlsbad Field Office and Westinghouse TRU Solutions LLC (the Permittees) identified two separate modifications in their submittal: Ten-Drum Overpack (TDOP) Volume - Class 2, and Drum Age Criteria (DAC) - Class 2. This letter deals exclusively with the DAC modification, which was processed by NMED in accordance with the requirements specified in 126.96.36.1990 NMAC (incorporating 40 CFR §270.42(b)).
Request for Class 2 Permit Modifications, Letter Dated 5/1/01, Rec'd 5/2/01
NMED is not approving DAC Class 2 modification request "with changes" as allowed under 188.8.131.520 (incorporating 40 CFR §270.42(b)(6)(ii)(A)) because the complex nature of these changes necessitate the development of a draft permit. Therefore, NMED is reclassifying this modification request to follow the procedures for Class 3 modifications specified in 184.108.40.2060 (incorporating 40 CFR §270.42(b)(6)(ii)(C)). NMED anticipates issuing a draft permit incorporating the DAC modifications for public comment within the next thirty to sixty (30 - 60) days.
This DAC modification request was subject to a sixty (60) day public comment period, which ran from May 8, 2001 through July 6, 2001. NMED received written comments on the DAC modification request from ten individuals and organizations during this time. NMED will address these comments in the forthcoming draft permit, and will respond to all comments at the conclusion of the public comment period for the draft permit.
If you have any questions regarding this matter, please contact Steve Zappe of my staff at (505) 428-2517.
Gregory J. Lewis
Water and Waste Management Division
cc: Paul Ritzma, NMED
James Bearzi, NMED HWB
John Kieling, NMED HWB
Steve Zappe, NMED HWB
Susan McMichael, NMED OGC
David Neleigh, EPA Region 6
Connie Walker, TechLaw
File: Red WIPP '01