Environmental Defense Institute
Troy, Idaho 83871-0220

May 10, 2005

Sent via Certified US Mail

Robert Bullock
Waste and Remediation Division
Idaho Department of Environmental Quality
1410 North Hilton, Boise, ID 83706-1255

RE: Public Comments (including all attachments) for inclusion in the public record on US Department of Energy (DOE) HWMA/RCRA Partial Permit, Liquid Waste Management System at the Idaho Nuclear Technology and Engineering Center, Idaho National Laboratory (INL) formerly called Idaho National Engineering and Environmental Laboratory (INEEL), EPA ID No. ID4890008952
Idaho Department of Environmental Quality
Class 3 Permit Modification to the Volume 14 RCRA Permit for "Evaporator Tank Treatment System" previously called the High-level Liquid Waste Evaporator
Public Notice March 24, 2004 Docket # 10HW-0407 and
Bechtel BWXT Idaho, LLC, Public Notice March 24, 2005

I. Comments on IDEQ's ILWMS Facility/Unit Description

    A. The Idaho Department of Environmental Quality (IDEQ) again launches a new Idaho National Laboratory (INL) (formerly called INEEL and herein used inter-changeably) Idaho Nuclear Technology and Engineering Center (INTEC), formerly called the Idaho Chemical Processing Plant (ICPP), Liquid Waste Management System (ILWMS) permit modification. The IDEQ claims: "The ILWMS consists of two steam-heated separation treatment systems and associated tanks used for storage and pre-treatment of the waste." ⁽¹⁾ This IDEQ statement is inaccurate because there are six ILWMS treatment/management systems; 1.) High-level Liquid Waste Evaporator (now called the Evaporator Treatment System (ETS); 2.) Process Equipment Waste Evaporator (PEWE); 3.) Liquid Effluent Treatment and Disposal (LET&D); 4.) Percolation Ponds; 5.) Associated tanks and service lines; 6.) Waste Service System.

    B. IDEQ now is trying to include the HLLWE/ETS as a "Class III Permit Modification Request" a year after the effective date of the original ILWMS permit. [FS #11 page 3] This unacceptable deficiency (among others) was clearly argued in EDI/KYNF/McCoy INTEC Notice of Intent to Sue July 9, 2002 (See Attachment B) that states:

"Construction for the High-Level Liquid Waste Evaporator (HLLWE) at the Idaho National Engineering and Environmental Laboratory (INEEL) was initiated in 1993 and operation of the HLLWE as a new facility began in 1996. The HLLWE has processed over 4 million gallons of high level radioactive liquid and mixed hazardous wastes without a RCRA permit. DOE is required to, but has failed to submit an application for an RCRA permit for the HLLWE. The HLLWE has operated at all times without an RCRA permit and without interim status.

The whole purpose of obtaining state and federal permits for a new facility in advance of construction and operation is to protect the public and the environment from the operations of facilities which have not received proper scientific and regulatory scrutiny. The HLLWE has failed to comply with the RCRA requirements for new facilities. DOE failed to obtain a prerequisite RCRA permit 180 days before beginning construction.

Moreover, DOE has never complied with the statutory requirements to have obtained interim status for the HLLWE because the HLLWE was not "in existence" by July 3, 1986, i.e., under construction, in operation, or with unavoidable contractual commitments. Interim status is granted only by statutory compliance. Interim status cannot be conferred by a permitting agency, consent order or by merely listing a facility on the Part A application as DOE did for the HLLWE." ⁽²⁾

On October 23, 2002 EDI/McCoy filed with IDEQ a "Petition to Reopen Public Participation Based on Resources Conservation and Recovery Act ("RCRA") Rule Due to Failure to Meet Public Notification Requirements for Addition of the High Level Liquid Waste Evaporator ("HLLWE") [also known as the New Waste Calciner Evaporator Tank System ("NWCF ETS")] and Tank Farm Tanks to the Volume 14 Part B RCRA Application." ⁽³⁾ This petition again argues for a comprehensive ILWMS permit that, among other things, would include the HLLWE/ETS. (See Attachment C)

Environmental Protection Agency Office of Inspector General (EPA/OIG) 2004 report adds, "Although IDEQ identified in 1994 that it did not have sufficient waste characterization information to make a permit decision for the HLLWE, these issues had not been resolved as of July 2003." ⁽⁴⁾ It is now April 2004, and IDEQ has continued to allow the HLLWE to operate without a permit for over a decade.

A possible reason DOE and IDEQ continue to "boot leg" using "permit modifications" for the HLLWE from the initial ILWMS permitting is to avoid the RCRA/NESHAP waste codes characteristic of the mixed high-level radioactive and hazardous throughput to the HLLWE. Inclusion of these waste codes and concentration levels impacts all the other "down-stream" ILWMS operating units permitting calculus. [See Attachment A: Waste Codes] Moreover, the HLLWE is nearing the end of its mission to reduce the liquid volume of the high-level Tank Farm inventory. The HLLWE has a processing rate of about 12,000 gallons/day (a throughput of about 5.3 million gallons between 1996 and 2004). ⁽⁵⁾ Every day is a huge bonus for DOE to be able to operate the HLLWE without regulatory stipulated constraints in the Universal Treatment Standards [40 CFR 268.48] (that none of the ILWMS operations meet) for treatment of both RCRA listed hazardous and mixed hazardous and high-level radioactive waste.

Even the most pedestrian observer of IDEQ's permitting process knows "permit modifications" (that IDEQ proposes for the HLLWE) never receive the level of public notification and participation opportunities that the initial permit for ILWMS offers. Specifically, IDEQ has failed even to post on its website even the cursory "fact-sheet" on this High-level Liquid Waste Evaporator (HLLWE). Bechtel's 3/24/05 Notice calls the operation "Evaporator Tank System" which is radically different from its original name (HLLWE) and is deceptive and apparently a deliberate attempt to obscure the real nature of the operation. Moreover, legal/ regulatory challenges by the public to an existing permit "modification" are extensive. This DOE/IDEQ effective strategy of manipulation of a crucial process rooted in this nation's fundamental environmental laws to protect the public health and safety must be exposed for what it is!

The DOE has represented to McCoy since 5/10/01 that the NWCF ETS would be added later as a modification to the Part B RCRA Application. It should be noted that 40 CFR 270.41, which sets forth the causes for modification of permits requires that the alterations or additions to the permitted facility or the information about the facility was not available at the time of the application for the permit. 40 CFR 270.41 (a)(1) and (2). These conditions do not apply to the NWCF ETS (HLLWE) and the Tank Farm Facility because these facilities have been in operation along with the PEWE and the LET&D since approximately 1996 for the HLLWE and much earlier for the Tank Farm Facility. We believe the NWCF ETS operates illegally because it was a new facility and did not meet the legal requirements to achieve interim status.

Our position, in regards to public participation, is that whatever operations and units that will be part of the INEEL Liquid Waste Management Facility must be set forward in advance by the DOE for consideration as a total permit package that the public can review in a timely and procedurally proper manner. This would include any facilities in addition to those cited herein and we would suggest that Idaho DEQ, DOE and EPA review our recent July 2002 Notice of Intent to Sue for the INTEC facilities outlined therein that are also currently functioning facilities which are part of the ILWMS. [See Attached Petition to Reopen Public Participation Based on RCRA, October 23, 2002, EDI et al.. page 4] and [Attached October 23, 2002 Notice of Intent to Sue]

Moreover, IDEQ April 2002 Notice of Deficiency to DOE/INEEL states, "Because the ETS [High-level Liquid Waste Evaporator] is an integral part of the ILWMS and is currently operating under interim status the DEQ will draft a schedule of compliance for permitting the ETS, and include it in the Part B Permit Application that is to be presented to the public for review and comment in the future." [emphasis added]

II. Comments on IDEQ's Summary of Permit Requirement

    A. Generally, IDEQ appears to be carving out arbitrary exemptions to statutes and regulations that would otherwise be required of DOE to comply with applicable environmental laws. These IDEQ actions again demonstrate the arguments presented by EDI/KYNF/McCoy in our joint petition filed with EPA Office of Inspector General (OIG) Aug 8, 2000 that requests withdrawal of IDEQ's enforcement authority.

EPA/OIG published a report responding to our petition 2/5/04 that identified numerous IDEQ permitting deficiencies related to INEEL operations as well as an earlier September 1998 OIG Audit Report on Idaho's Air Enforcement Program that found, "We concluded that the State's administration and the Region [10] oversight of the stationary source air enforcement program of Idaho's significant violators were not sufficient to ensure compliance with federal and State laws and regulations." ⁽⁶⁾

As a public advocate, EDI must continue to emphasize that the problem is over a decade old, and reiterate that these operations at issue here are processing the most deadly material on the planet - waste generated from the legacy of reprocessing nuclear reactor fuel at INEEL. IDEQ has never demonstrated anything close to "due diligence" in exercising enforcement authority as clearly indicated by the fact these INEEL operations have always operated (for more than a decade) without the required permits and emission control oversight (as clearly and specifically articulated in EPA/OIG reports cited herein).

    B. IDEQ states, "The Permittee must inspect data gathered from monitoring and leak detection equipment and overfill controls once each operating day. Visual inspections of the tank systems will be performed daily whenever a cell is entered for equipment maintenance or repairs." [FS # 12 page 3] This is a violation of the regulations that requires daily visual inspection, not whenever the "cell is entered." (40 CFR 264.1034(c))

    C. IDEQ requires Permittee (DOE) to submit reports verifying compliance. The EPA/OIG reports clearly articulate that DOE has failed over many years to provide IDEQ or EPA timely or credible documentation on data substantiating compliance. The OIG report notes, "Further, we found that IDEQ had incomplete emissions data and waste characterization information because inspections of the PEWE and ILWMS did not cover all major RCRA requirements." ⁽⁷⁾ (40CFR 265.1035(a)(3)(G)(v))

    D. IDEQ states, "All permitted units shall have secondary containment capable of detecting and collecting releases..." [FS #3 page2] IDEQ fails to definitively state when this requirement becomes effective (i.e., are these units shut-down until there is compliance and permit issuance)? There is no apparent listing of all the 147 tanks related to the ILWMS as discussed below and in Attachment D.

    E. IDEQ states, "The Permittee [DOE] must demonstrate that the regulations concerning organic emissions from process vents....do not apply to the LET&D." [FS #6 page 3] Again, IDEQ fails to definitively state when this requirement becomes effective (ie. are these units shutdown until there is compliance and permit issuance)? This crucial question is posed in the context that these units have already been operational for over a decade. Also see Attachment A list of waste codes that none of the ILWMS qualifies under EPA Universal Treatment Standards (40 CFR 268.48) discussed previously.

    F. IDEQ states, "DEQ proposes approving the use of a double-needle sampler as an alternate sampling procedure...." [FS #9 pg 3] No documentation is offered if this is an EPA-approved sampling procedure, thus absent this apparent validation the public must assume the negative. The burden, when using unapproved monitoring/sampling procedures, is significant and neither IDEQ nor DOE is apparently remove offering credible documentation stipulated in 40 CFR 264.1034(c).

    G. In relation to the Westside Waste Hold Up Tanks, IDEQ states, "The Permittee is required to monitor the current minimal liquid level in the tanks on a daily basis to ensure no waste transfers have occurred to or from the tank." [FS # 10 page 3] Given DOE's unreliable disclosure history and IDEQ's unwillingness to monitor, this begs the question why these tanks are not simply sealed off and prepared for closure.

    H. IDEQ states that, "The PEWE does not contain a process vent as defined in the regulations. The PEWE off-gas does not vent into the atmosphere either directly, through a vacuum-producing system, or through a tank. The PEWE off-gas passes through both the PEWE and Building 604 Vapor Off-Gas systems prior to discharge to the INTEC Process Off-gas System Therefore, the organic emissions from process vent regulations do not apply." [FS #7 page 3] DOE's own schematics of ILWMS evaporator process systems clearly show discharge to the INTEC/HAVAC stack(s). (See Attachment G)

This IDEQ statement is inaccurate and grossly misleading. None of the ILWMS waste processing units are "closed vent" operations as defined by regulation (40 CFR 264.1060 or 264.1033) because they all eventually vent to the atmosphere either at the INTEC Main Stack or the HVAC Stack. Therefore, IDAPA 58.01.05.008 and 40 CFR 264.1032 Subpart AA apply, or as noted below by the OIG, 40 CFR 265.1032 Subpart AA (Air Emission Standards for Process Vents). The main difference between 40 CFR 264 and 265 is that 265 applies to Interim Status Standards, and both have the same emission limits.

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 in 40 CFR 264.1030 Subpart AA.

EPA/OIG 2004 report states, "... [O]ur review found that IDEQ has not collected data to determine whether the unit and its associated tank systems are in compliance with 40 CFR 265 Subpart AA air emissions requirements. The PEWE and its associated tank systems include process vents and air stripping operations for hazardous wastes containing organic concentrations which exceed 10 parts per million (ppm). Under Subpart AA, the owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, or steam stripping operations managing hazardous wastes with organic concentrations of at least 10 ppm is required to either: (1) reduce total organic emissions from all affected process vents at the facility below 3 pounds per hour and 3.1 tons/year, or (2) reduce total organic emissions from all affected process vents at the facility by 95 weight percent." The OIG report continues, "Because compliance with Subpart AA requirements for the PEWE and its associated tanks has not been verified, IDEQ had no assurance these units were in compliance with the emissions standards as of July 2003 when we completed our field work." ⁽⁸⁾

Moreover, EPA Office of Enforcement and Compliance Assurance found that INEEL is a "Major Source of Hazardous Air Pollutants" and currently operating illegally without the required Title V Air Permit under section 112(a)(1) of the Clean Air Act. ⁽⁹⁾

    I. IDEQ states, "The tanks associated with the ILWMS are not subject to the air emissions standards for tanks, IDAPA 58.01.05.008 and 40 CFR 264 Subpart CC. This is due to the fact that they are used solely for the management of mixed waste, and are, therefore, also subject to the authority of the Atomic Energy Act and the Nuclear Waste Policy Act."

Again, this IDEQ statement clashes with EPA/OIG finding that states, "Because compliance with [40 CFR] Subpart AA requirements for the PEWE and its associated tanks has not been verified, IDEQ had no assurance these units were in compliance with the emissions standards as of July 2003 when we completed our field work. IDEQ was unable to determine whether emissions from the PEWE and associated tank systems were in compliance with 40 CFR Subpart AA standards because IDEQ's inspections did not cover all RCRA requirements." ⁽¹⁰⁾ [emphasis added] Clearly, these EPA/OIG's findings include "associated tanks" as subject to 40 CFR Subpart AA air emission regulation.

IDEQ's own INEEL Notice of Deficiency (12/2002) related to tank emissions due to "sparging" releases of up to 75% of volatile organic compounds states, "40 CFR 264 Subpart AA include process vents associated with the air stripping operations that manages hazardous wastes with organic concentrations of a least 10 ppmw. It appears that the loss of volatile and semi-volatile organic, due to sparging, corresponds with the definition of air stripping operation employed to transfer on or more volatile components from a liquid mixture into a gas operation employed to transfer from a liquid mixture into a gas operation employed to transfer on or more volatile components from a liquid mixture into a gas (air) operation employed to transfer on one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid."

Additionally, IDEQ's claim that the ILWMS tanks are exempt because they are managed under the AEA and NWPA is unmistakable acknowledgment that these tanks contain high-level waste subject to these statutes, and therefore, the waste must be treated and disposed of as high-level radioactive waste. That sword cuts both ways! The extension (though absent in IDEQ's permit) is that the tanks contain high-level waste, therefore the ILWMS that discharges to these tanks is processing high-level waste and subject to more rigorous regulatory oversight and enforcement. (40 CFR 268.48 Universal Treatment Standards)

There are about 147 tanks connected to the ILWMS. See Attached ILWMS tank list generated by EDI from DOE/INEEL documentation that IDEQ apparently intends to exempt from regulations. ⁽¹¹⁾ (See Attachment D)

III. Summary

In the proposed ILWMS permit modification, IDEQ offers no credible evidence that DOE has met the requisite criteria under relevant statutes or regulations to support approval of the permit. Fundamentally, IDEQ offers no justification on how it apparently is ignoring crucial regulatory requirements already identified by EPA/OIG and EPA Office of Enforcement (previously cited) as applicable to the ILWMS.

We respectfully request that the IDEQ exercise its enforcement authority to instruct DOE to place the ILWMS operations, including the High-level Liquid Waste Evaporator, also known as the Evaporator Treatment System, in stand-down mode until such time as DOE can provide verification that these operations can meet the regulatory requirements of RCRA and the Clean Air Act articulated above, and until the EPA Office of Inspector General and Office of Enforcement and Compliance Assurance can offer publicly available documentation that they concur. DOE's unwillingness to provide the required operating data, in EPA/OIG's view, "does not relieve IDEQ's regulatory responsibility under [40 CFR] Part 270 to require the unit be permitted or closed." ⁽¹²⁾ [emphasis added]

As previously noted, we must continue to emphasize and reiterate that these operations at issue here are processing the most deadly material on the planet - legacy waste generated from reprocessing nuclear reactor fuel. IDEQ and EPA Region 10 have never demonstrated anything close to "due diligence" in exercising enforcement authority as clearly indicated by the fact these INEEL operations have always operated, and continue to operate today, without the required permits and emission control oversight needed to protect the public health and safety of the region. EPA/OIG report states over and over how IDEQ itself is failing to implement adequate monitoring oversight and offer credible "verification" that DOE is operating within statutory and regulatory limits by noting "[O]ur review found that IDEQ has not collected data to determine whether the unit and its associated tank systems are in compliance with 40 CFR 265 Subpart AA air emissions requirements."

Time is of the essence here! These plants are currently running "full bore" to reduce the liquid portion of INEEL high-level radioactive waste tank volume apparently in the hope that the regulators will continue, as in the past, to "wink and nod." Every day that goes by that these operations continue to function, releasing the most deadly toxins in violation of environmental law, the public health and safety is compromised from radioactive and hazardous pollutants to the atmosphere. The public demands that these operations be shut-down until such time as verifiable documentation is generated by DOE and (appropriately presented to the public for comment) that all regulatory requirements are met.

Respectfully Submitted,

_______________________
Chuck Broscious, Executive Director
Environmental Defense Institute
PO Box 220 Troy, ID 83871-0220
208-835-5407
edinst@tds.net

Attachments List

(Attachments B through G, were previously submitted as formal comments via Certified Mail to the Idaho Department of Environmental Quality April 7, 2004 by the Environmental Defense Institute and are to be included herein.

    Attachment B: EDI et al. Notice of Intent to Sue July 8, 2002

    Attachment C: EDI et al. Petition to Reopen Public Participation October 23, 2002

    Attachment D: INTEC Liquid Waste Management System Related Tanks List

    Attachment F: EDI et al. Comments on INEEL ILWSM Permit Application 2/1/03

cc: (sent via email)

Nikki Tinsley, Office of Inspector General
United States Environmental Protection Agency
1301 Constitution Ave., NW Mail Code 2460T, Washington, DC 20004, 202-566-0829

Carolyn Copper, Ph.D., Director for Program Evaluation
Office of Inspector General, United States Environmental Protection Agency
1301 Constitution Ave., NW Mail Code 2460T, Washington, DC 20004, 202-566-0829

Michael S Alvshin Director, EPA Office of Enforcement and Compliance Assurance
1200 Pennsylvania Av. Washington, DC 20460, 202-564-7016

Kwai Chan, EPA Office for Program Evaluation, Office of the Inspector General
1301 Constitution Av. NW, Washington, DC 2004, 202-566-0827

Gregory Fried, EPA Office of Enforcement and Compliance Assurance
1200 Pennsylvania Av NW, Washington, DC 20406

John Iani, Regional Administrator, EPA Region 10, Seattle, WA, via Jeff Hunt

Attachment A

INEEL INTEC Liquid Waste Management System (ILWMS)
Waste Code Summary

Sources for above table:

a. RCRA Part A Permit Application, Volume 1, Book 1, Revision 13 3/95 DOE/ID-10213
b. RCRA Part A Permit Application Revision 19; 4/99
c. RCRA Part A Permit Application Revision; 11/95
d. RCRA Part A Permit Application Revision; 3/95
e. RCRA Part B Permit Application Volume 14, Book 1, Revision 0, 6/21, PEWE Feed Tank Waste Codes list only 28 codes including 4 "F" codes, page 6 (IA-1). No explanation is offered why the ~ 100 waste codes were dropped between 1999 Part A and 6/21 Part B.

Acronyms:

PEWE Process Equipment Waste Evaporator (CPP-604)
LET&D Liquid Effluent and Disposal (CPP-1618)
HLLWE High-level Liquid Waste Evaporator (CPP-659)
ICPP Tank Farm Mixed High-Level Radioactive Waste Tank Farm
Calciner High-Level Liquid Waste Incinerator (New Waste Calcine Facility) (CPP-659)
HEPA Leach NWCF HEPA Leach System (CPP-659)
HAP Hazardous Air Pollutant (40 CFR 63)
RCRA Resource Conservation Recovery Act (42 USC 7412)

F001 - Spent Halogenated Solvents ( list of six)
F002 - Spent Halogenated Solvents ( list of nine)
F003 - Spent Non-Halogenated Solvents ( list of six)
F004 - Spent Non-Halogenated Solvents ( list of three)
F005 - Spent Non-Halogenated Solvents ( list of eight)
F006 - Waste Water Treatment Sludges
F007 - Spent Cyanide
F008 - Plating Bath residues with Cyanides
F009 - Spent Striping Baths with Cyanides
F010 - Quenching Baths with Cyanides
F011 - Spent Cyanide Solutions
F012 - Quenching Water with Cyanides
F019 - Waste Water Treatment Sludges
F020 - Wastes from manufacturing tri- or tetrachlorophenol
F021 - Wastes from manufacturing of pentachlorophenol
F022 - Wastes from manufacturing of terta, penta, or hexachlorobenzenes
F023 - Wastes from manufacturing of tri, or tetrachlorophenols
F024 - Process wastes from reactor clean out
F026 - Wastes from manufacturing tetra, penta, or hexachlorobenzene
F027 - Discarded tri, tetra, or pentachlorophenol
F028 - Residues resulting from incineration or thermal treatment of soil contaminated (six codes)
F039 - Leachate liquids

References for Above Table

1. 40 CFR 261.31;

2. RCRA Part A Permit Application for INEEL Volume 1 Book 1 Revision 13 March 1995 page IO-1 through 13, DOE/ID-10213

3. 42 USC Sec. 7412 "Hazardous Air Pollutants"

Sources of Organics to INTEC Liquid Waste Management System
ILWMS Feed

1. INTEC Spent Nuclear Fuel Reprocessing Raffinate in High-level Tank Farm

2. Analytic Laboratories

3. Radioactive Liquid Waste Management System

• •Annual decontamination of evaporator with oxalic acid
• •Floor and Cell washings (EDTA)
• •NWCF Decontamination Shop and HEPA filter leachate
• •Tank Farm valve box cleanings
• •High-level Waste Tank heel removal/flushes

4. CPP-666 FAST

• •Spent Nuclear Fuel Pool Water Filter Back-flush Waste

5. CPP-637 Laboratories

• •Trybutyl phosphate
• •Dodecane
• •Crown ethers
• •Octanol
• •Other specialized chemicals

6. Maintenance Services

• •Organic based cleaning solutions

7. HEPA Filter Leachate System Effluent to ILWMS

8. Debris Treatment Effluent to ILWMS

References in Addition to Footnotes:

1. HWMA/RCRA Part A Application for INEEL Volume 1 Book 1 (EPA form 8700-23), January 2000, DOE/ID-10213.

2. Carlson Memo TLC-07-94 page 6; DOE/ID-10544, October 1996; HLLWE waste codes D001 (Ignitable) and D002 (Corrosive) require deactivation in see 40 CFR 268.40.

3. DOE/ID-1544, October 1996, pages 14 to 17 for listing of Tank Farm Waste codes, and 42 USC 7412 list of Hazardous Air Pollutants.

Endnotes:

1. This comment discussion follows the published IDEQ Fact Sheet (FS) 3/24/04 attached to Public Notice Docket # 10HW-0407, page 2, http://www.deq.state.id.us/permits/waste/ , hereinafter cited as "FS." IDEQ only provides one location (Boise) for the public to review the full text of the proposed permit. This is unacceptable restricted access. As of this writing there is not even a IDEQ "fact-sheet" on this permit on the agency's website. IDEQ is obligated to post more detailed information related to the permit on its website in addition to a cursory fact sheet.

2. Environmental Defense Institute et al. July 9, 2002 Notice of Intent to Sue, page 2; text is available at: http://www.environmental-defense-institute.org/publications

3. Environmental Defense Institute et al. October 23, 2002 Petition to IDEQ and EPA Regulators; text is available at: http://www.environmental-defense-institute.org/publications

4. Evaluation Report, Review of EPA Response to Petition Seeking Withdrawal of Authorization for Idaho's Hazardous Waste Program, Report No. 2004-P-00006, February 5, 2004, Office of Inspector General, US Environmental Protection Agency, page 9, herein after referred to as EPA/OIG 2004.

5. Valentine, J.H. INEEL 7/27/01 letter to B. Monson IDEQ, "Status of Consent Order Activities." Using INEEL annualized throughput data for 2001 of 664,400 gallons, an estimated HLLWE throughput is about 5.3 million gallons between 1996 and 2004.

6. US Environmental Protection Agency, Office of Inspector General, Audit Report Air Idaho's Air Enforcement Program, EIGAF8-10-0018-8100249, report from Truman R. Beeler to Chuck Clark, EPA Regional Administrator, September 30, 1998, page 1. www.epa.gov/oig/reports

7. EPA/OIG, 2004, page 4.

8. EPA/OIG, 2004, page 10

9. Michael S. Alushin, Director, Compliance Assessment and Media Programs Division Office of Compliance, U.S. Environmental Protection Agency, Office of Enforcement and Compliance Assurance, January 29, 2003 letter to Chuck Broscious, Environmental Defense Institute.

10. EPA/OIG, 2004, page 10.

11. The ILWMS Tank List generated by EDI is attached only to the principal to this document but is also available at http://www.environmental-defense-institute.org/publications

12. EPA/OIG 2004, page 18.