July 7, 1998

Steven A. Mellington
Deputy Assistant Manager for
Environmental Management DOE/NV
Nevada Operations Office
P.O. Box 98518
Las Vegas, Nevada 89193-8518

RE: EPA Determination of Acceptability Pursuant to the CERCLA OffSite Rule for the Department of Energy, Nevada Test Site

Dear Mr. Stephen A. Mellington:

    This letter is in response to your request for CERCLA Off-Site Acceptability Determination for the Nevada Test Site Radioactive Waste management sites dated April 17, 1998. This letter serves to inform you that the U.S. Environmental Protection Agency (EPA), Region 9 has made an affirmative determination under the CERCLA Off-Site Rule [40 CFR º300.440] regarding the low-level radioactive waste management units (Area 5 and Area 3) at the Nevada Test Site. As of the date of this letter, Nevada Test Site can continue to receive low-level radioactive waste at Area 5 and Area 3 generated as a result of a CERCLA remedial or removal action, provided that: (1) the waste originates from generators (DOE/DOD) that have been approved by DOE/NTS to send waste to NTS; (2) the waste is not required to be disposed in a Resource Conservation and Recovery Act (RCRA) Subtitle C landfill; (3) the waste ⁽¹⁾ approved to be received is classified as low-level radioactive waste ; and (4) the receipt of the waste should be in accordance with any applicable negotiated agreement and/or Memorandum of Understanding between DOE Nevada Test Site and the State of Nevada pertaining to the acceptance and management of low-level radioactive waste.

    On September 16, 1993, EPA amended the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, by adding Section 300.440, now known as the Off-Site Rule ("Rule"). The Rule codifies the requirements contained in Section 121 (d)(3) of CERCLA, 42 U.S.C. º9612 (d)(3), and incorporated many provisions of EPA's former Off Site Policy. The Rule established criteria and procedures for determining whether facilities are acceptable for the receipt of CERCLA waste. A copy of the Rule as published in the Federal Register is enclosed for your reference (58 Fed. Reg. 4920049218, September 22, 1993).

    The Rule requires that prior to a facility's initial receipt of CERCLA waste, EPA must determine that there are no relevant violations or relevant releases at the facility. EPA has made this determination of acceptability for NTS based on: (1 ) an evaluation by EPA Region 9 conducted on May 6 - 8, 1998; (2) discussions with representatives of the Nevada Division of Environmental Protection (NDEP) and Department of Energy/Nevada Division; and (3) and a review of documents provided by DOE/NTS.

    Should any new information affecting this determination be obtained in the future, EPA reserves the right to re-evaluate the acceptability of the Department of Energy Nevada Test Site in accordance with the Rule.

    If you have any questions concerning the matter, please contact Kandice Bellamy, Region 9's CERCLA Off-Site Coordinator, at (415) 744-2130.

Sincerely

Arlene Kabei

Arlene Kabei, Chief
Compliance Monitoring and
Enforcement Section

Enclosure

Low-Level Radioactive Waste is defined as waste that contains radioactivity and is not classified as high-level waste, transuranic waste, or spent nuclear fuel or the tailings of wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. Test specimens of fissionable material irradiated for research and development only, and not for the production of power or plutonium, maybe classified as low-level waste, provided the concentration of transuranic elements is less than 100 nCilg.