INEEL NEWS
Environmental Defense Institute
News and Information on
Idaho National Engineering and Environmental Laboratory

October 2000 Volume 11 Number 6

WERF Incinerator Forced to Close

The Idaho Department of Environmental Quality (IDEQ) announced that it rejected Department of Energy's (DOE) permit application to operate the WERF radioactive waste incinerator. DOE reportedly agreed to close the plant on November 1, after eighteen years of noncompliance with environmental laws. IDEQ and EPA for over a decade turned a blind eye to the WERF's inability to pass three trial burns, yet never ordered (until now) closure.

Readers of the INEEL NEWS appreciate that the WERF shutdown is happening NOT from DOE or IDEQ's concern for public health but from a Notice of Intent to Sue filed by the Environmental Defense Institute, Keep Yellowstone Nuclear Free, and David McCoy. The Notice laid out a concise legal argument showing not only DOE's violations but also IDEQ and EPA's violations of non-enforcement of the statutes. Credit for this long overdue shutdown goes to the public's initiative to protect our own safety when state and federal government do not.

The Notice of Intent to Sue challenged the eighteen-year operation of the WERF without the required regulatory hazardous waste incinerator permits. The State of Idaho and EPA were named in the Notice for failure to exercise their regulatory enforcement authority against an illegal incinerator operation. It is a sad commentary when the regulators supported by hundreds of millions of our tax dollars fail to enforce the law, and public interest groups must resort to litigation, before action is taken to stop the polluters.

A recent accident at INEEL also factored into the decision making process. Workers at the WERF incinerator were forced to evacuate when a September 17 wild fire threatened the plant. Operators thought the incinerator burners and other operating systems were in a cold shutdown before evacuating. However, when they reportedly returned three days later, workers found that the high-temperature burners in the secondary combustion chamber had reignited. The main risk WERF faced was uncontrolled overheating. Without the exhaust cooling and other ventilation systems operating, the fire could destroy the filters connected to the incinerator. Breached filters mean that all the radioactive material held up since the last change out would be released to the atmosphere.

Due to the immediate proximity and physical connection of the secondary combustion chamber and the primary combustion, residual waste remaining in the primary chamber at the time of shutdown would continue to burn. DOE officials claim the WERF was never in any serious jeopardy tho no official accident report is available.

The State and EPA allow DOE to continue other incinerators and extremely hazardous "unpermittable" operations under an indefinite "interim status" exceeding the lawful operating period for even a permitted facility. The State and EPA also condone incineration of hazardous chemicals in plants that do not meet the required treatment criteria. For instance, internal IDEQ documents (gained through a Public Information Request) show that the agency secretly approved PCB waste dilution prior to incineration at WERF in clear violation of the Toxic Substances Control Act and the Resource Conservation Recovery Act.

The Environmental groups also filed a formal request with EPA and DOE Inspector Generals to investigate the chronic illegal use of "interim status" by DOE to avoid the legal requirements of the Resource Conservation Recovery Act, the Toxic Substances Control Act, and the Clean Air Act. Of major concern are the numerous unpermitted high-level radioactive and hazardous chemical incinerators and other hazardous waste treatment operations that include: