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:

  • Request for Class 2 Permit Modifications, Letter Dated 5/1/01, Rec'd 5/2/01
  • 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 NMAC (incorporating 40 CFR §270.42(b)).

    NMED is not approving DAC Class 2 modification request "with changes" as allowed under (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 (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