January 30, 2003

Sent by US Certified Mail

J. P. Suarez
Assistant Administrator
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave NW
Washington, DC 20460

Greetings,

RE: Supplemental Information Submission to Petition to EPA/OECA dated (12/27/02), (9/31/01) and Petition to EPA/IG (dated 9/15/01) Related to Department of Energy's Idaho National Engineering and Environmental Laboratory

It has come to our attention from review of recent Department of Energy (DOE) documents that hazardous material and hazardous air pollutants (HAP) emissions from the DOE Idaho National Engineering and Environmental Laboratory (INEEL) significantly exceed the Resource Conservation Recovery Act (RCRA) limits, and the Clean Air Act (CAA) Maximum Achievable Control Technology (MACT) standards. Below please find discussion and documentation from the INEEL Final September 2002 High-level Waste Environmental Impact Statement that substantiates this view. We specifically request that this "Supplement" be joined with our previous submittal(s) (identified above) related to our allegations of DOE violations of environmental laws at INEEL.

Under 40 CFR 264.1032(a), and 265.1032 Process Vent Standards that applies to fractionators, and evaporators that states; "Reduce total organic emissions from all affected process vents at the facility below 1.4 kg/hr (3 lb/hr) AND 2.8 Mg/yr (3.1 tons/yr), or, "Reduce by use of a control devise, total organic emissions from all effected process vents ...by 95 weight percent."

Under 40 CFR 63.112 Major Source: "Section 112(a)(1) of the Act defines a major source as: any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential - to - emit considering controls, in the aggregate 10 tons per year (tpy) or more of any [hazardous air pollutant] HAP or 25 tpy or more of any combination of HAP." [ FR 57574 10/26/99 final ruling] "The term 'major source' is defined in 40 CFR part 63, Subpart A- General Provisions, and includes the requirement for considering emissions and the potential for emissions from co-located sources when determining major source status. Therefore, the major source determination must be based on facility-wide emissions." [FR 75756 10/26/99]

DOE/ID documentation (see Attachments) show the above cited regulatory limits are substantially exceeded.
The bottom line is INEEL exceeds the hazardous air pollutants regulatory limit for organics by 154 % for annual releases, and 700% on the maximum per hour limit on releases. We believe that DOE has known that the emissions have exceeded regulatory thresholds for implementation of emission controls. DOE has failed to provide the emission controls mandated for reducing these emissions. This has put public health and safety unnecessarily at risk by DOE waste processing at INEEL.

Additionally, INEEL Final September 2002 High-level Waste EIS Table 4-1I page 4-34 lists Actual Site wide volatile organic compounds (VOCs) emissions for 1996 at maximum hourly 59 kg/hr, and annual average at 16,000 kg/hr (16 Mg/hr); 1997 maximum hourly at 37 kg/hr and annual average at 27,000 kg/hr (27 Mg/hr). Again, this data still greatly exceeds the regulatory limits of maximum per hour 1.4 kg/hr and annual 2.8 Mg/hr. This more current data/documentation supercedes discrepancies in the 1999 RCRA Application and the 1995 PEIS.

40 CFR 1032 (a); Standards for Process Vents; applies to fractionators, and evaporators. "Reduce total organic emissions from all affected process vents at the facility below 1.4 kg/hr (3 lb/hr) AND 2.8 Mg/yr (3.1 tons/yr), or, "Reduce by use of a control devise, total organic emissions from all effected process vents ...by 95 weight percent." [The sum of organics annual average is 4317 kg/yr (4.317 Mg/yr) and the sum of maximum hourly releases is 97.60 kg/hr according to RCRA 12/99 Application and PEIS table4.7-1 that show the limits were violated.

These air emission regulatory violations have been known by EPA and IDEQ for at least seven years, yet no action has been take to force the shutdown of these mixed hazardous and radioactive waste processing operations until such time DOE can demonstrate compliance. See Table below.

a. DOE Programmatic Spent Nuclear Fuel Management and INEEL Environmental Restoration and Waste Management Programs Final Environmental Impact Statement (PEIS) 1995, Volume 1, Appendix B, Table 4.7-1, p 4.7-5. Total organics is derived by adding listed organics.

b. INEEL Final September 2002 High-level Waste Environmental Impact Statement, Table 4-1I page 4-34 lists Actual Site wide Volatile Organic Compounds emissions.

c. Resource Conservation Recovery Act (RCRA) 40 CFR 264.1032(a) and 265.1032(a). Contaminate units in the CFR's are Mg/yr = million grams/year. 1000 kg/yr = 1 Mg/yr.

d. 1995 PEIS (see a above), Table 4.7-1 total of all Hazardous Air Pollutants. There are dozens of other regulated hazardous air pollutants emitted based on RCRA Permit Application Waste Codes,
however data available only allows this incomplete summary.

e. See Clean Air Act 40 CFR 63.112. Major Source: "Section 112(a)(1) of the Act defines a major source as: any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential - to - emit considering controls, in the aggregate 10 tons per year (TPY) or more of any [hazardous air pollutant] HAP or 25 tpy or more of any combination of HAP." [ FR 57574 10/26/99 final ruling] "The term 'major source' is defined in 40 CFR part 63, Subpart A- General Provisions, and includes the requirement for considering emissions and the potential for emissions from co-located sources when determining major source status. Therefore, the major source determination must be based on facility-wide emissions." [FR 75756 10/26/99]
    40 CFR 63.113(a)(2) Process Vents; "Reduce emissions of total organic hazardous air pollutants by 98 weight percent or to a concentration of 20 parts per million by volume, whichever is less stringent."

f. The data in the above table is incomplete because the information gained through Freedom of Information Act and the State of Idaho's Public Information Requests are incomplete, however partially released data shows significant violation of federal and state environmental laws.

We would appreciate your consideration of these supplemental matters and ask that the OECA impose the emission controls upon DOE INEEL operations which are mandated under Federal law.

Sincerely,

_______________________________
Chuck Broscious, Executive Director
Environmental Defense Institute
P.O. Box 220, Troy, ID 83871-0220
V. 208-835-6152; F. 298-835-5407
Email: edinst@tds.net

______________________________
David B. McCoy
2940 Redbarn Lane, Idaho Falls Idaho 83404
V. 208-542-1449; F. 208-552-0565
Email: mccoydb01@msn.com

___________________________
Erik Ringelberg, Executive Director
Keep Yellowstone Nuclear Free
P. O. Box 4838, Jackson, WY 83001
V. 307-732-2040; F. 307-732-0129
Email: kynf@yellowstonenuclearfree.com

Attachments

Attachments are included only in the original hard copy sent to principals.

Attachment A: INEEL Final September 2002 High-level Waste EIS Table 4-1I page 4-34 lists Actual Site wide VOCs emissions for 1996 at maximum hourly 59 kg/hr, and annual average at 16,000 kg/hr; 1997 maximum hourly at 37 kg/hr and annual average at 27,000 kg/hr. All in excess of regulatory limits.

Attachment B: DOE Programmatic Spent Nuclear Fuel Management and INEEL Environmental Restoration and Waste Management Programs Final Environmental Impact Statement, Volume 1, Appendix B, Table 4.7-1, p 4.7-5.

Attachment C: INEEL HWMA/RCRA Permit Section D, Process Description Volume 18, INTEC/NWCF Debris Treatment Units Rev. 3, December 1999.

c: (Sent via email)

John Iani, Regional Administrator, EPA Region 10
Kwai Chan, Assistant Inspector General, EPA
Gregory Fried, EPA/OECA
Michael Owen, EPA/OIG