Environmental Defense Institute
Post Office Box 220
Troy, Idaho 83871-0220
208-835-6152

July 24, 2001
Sent by Certified Mail

Teresa Gaugher
Acting Director
U.S. Environmental Protection Agency
Office of Enforcement and Compliance Assurance
401 "M" Street SW
Washington, DC 20460

Dear Ms Gaugher,

RE: (1) Applicability of Maximum Achievable Control Technology (MACT) standards 40 CFR 63 Subpart DD to Idaho Engineering and Environmental Laboratory) INEEL (also INEL) and the (Idaho National Technology and Engineering Center (INTEC) formerly the Idaho Chemical Processing Plant (ICPP) (2) applicability of Maximum Achievable Control Technology (MACT) to INEEL as an industrially operated Publicly Owned Treatment Works/Federally Owned Treatment Works (POTW/FOTW) (40 CFR 63.1580 et seq.) and (3) as a prospective "Major Source Category" under "Site Remediation" (40 CFR 63.112).

Introduction

Petitioners Environmental Defense Institute (EDI) and Attorney David B. McCoy (California Bar #170737) hereby petition the Environmental Protection Agency for a hearing or determination that the MACT requirements of 40 CFR 63 Subpart DD, MACT requirements of 40 CFR 63 Subpart VVV (40 CFR 63.1580 et seq.) for industrially operated Publicly Owned Treatment Works/Federally Owned Treatment Works (POTW/FOTW), and the requirements of 40 CFR 63 Subpart VVV (40 CFR 63.1580 et seq.) as a "Major Source Category" under "Site Remediation" be applied to the INEEL facility. For the reasons set forth below, Petitioners submit that the MACT standards should be applied to the INEEL facility.

In response to a June 25, 2001 Environmental Defense Institute (EDI) Public Records Request (PRR) for documents related to INEEL "Notice of Intent to Comply with MACT Requirements for the High-level Liquid Waste Evaporator, Process Equipment Waste Evaporator and the Liquid Effluent Treatment and Disposal Plant," IDEQ stated: "We do not have any documents responsive to this PRR in our files." [Orville D. Green, Administrator Waste Management and Remediation Division Idaho Department of Environmental Quality (IDEQ).

E-mail (6/20/01) from Catherine Massimino, EPA Region 10, to EDI indicated that: EPA had not received any notices from DOE regarding application for the MACT standards for the units at INTEC which included the High-level Liquid Waste Evaporator (HLLWE), Process Equipment Waste Evaporator (PEWE) and the Liquid Effluent Treatment and Disposal Plant (LET&D)

I. As an Offsite Waste and Recovery Operation the INTEC Facilities at the Idaho Engineering and Environmental Laboratory (INEEL) must Comply with the Provisions of 40 CFR 63 Subpart DD for which sets standards for the Control of Hazardous Air Pollutants from Off-site Waste and Recovery Operations.

Pursuant to Section 112 of the Clean Air Act, 42 U.S.C. §7401 et seq., the Administrator of the Environmental Protection Agency has promulgated 40 CFR Part 63 Subpart DD National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. INEEL receives off-site wastes for treatment. (DOE/ID-10493 INEL Proposed Site Treatment Plan 3/30/95). 40 CFR 63 Subpart DD applies to a plant site which is (1) a major source of hazardous air pollutants (as defined in 40 CFR 63.2) and (2) where the plant site receives off-site materials and the operation is regulated as a hazardous waste treatment, storage and disposal facility (TSDF) under either 40 CFR part 264 or 265. (40 CFR 63.680 (a)(1) and (a)(2) ). A waste management operation means the collective management units, process vents and equipment components used at a plant site to manage an off-site waste stream from the point-of-delivery to the point where the waste is discharged or placed in a unit not subject to this Subpart, such as a waste incinerator or a land disposal unit.

INEEL is a major source of hazardous air pollutants which are listed in section 112 (b) of the Clean Air Act, 42 U.S.C. 7201 et seq. Of the 128 RCRA listed INTEC liquid hazardous waste throughput, 53 are also on the MACT HAP list (see Attachment 1).

The waste stream processed at INTEC qualifies as an off-site waste stream by definition

To qualify under Subpart DD, the plant site must be a major source of hazardous air pollutants as defined by 40 CFR 63.2 and receive off-site materials and be one of a type of waste operations as specified in paragraphs (a)(2)(i) through (a)(2)(vi) of 63.680. 40 CFR 63.2 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 or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants ..."

INEEL qualifies as a major source, since facility-wide emissions of some air contaminants exceeded 250 tons per year. (INEEL/HLW/EIS page C.2-6). INEEL qualifies under (a)(2)(i) as a waste management operation that receives off-site material and the operation is regulated as a hazardous waste, treatment, storage and disposal facility (TSDF) under either 40 CFR part 264 or part 265.

Waste is defined in pertinent part as a "material generated from industrial [or] commercial ... activities that is discarded, discharged, or is being accumulated, stored, or physically chemically, thermally or biologically treated prior to being discarded or discharged."

An off-site material stream consists of off-site material which meets the criteria of 63.680 (b)(2). Those criteria are that (i) the material is a waste, used oil or solvent; (ii) from a location outside the boundaries of the plant; (iii) which contains one or more of the hazardous air pollutants (HAP) contained in Table 1 of Subpart DD at the point of delivery. (See Attachment 1 which lists the INTEC RCRA listed throughput waste that also is listed on the MACT HAP list.)

Two methods exist to determine whether a plant site is processing off-site waste material. (1)The plant site is operated by a single entity or (2) the operations at the contiguous property of the plant site are not under the common control of a single entity.

The INEEL qualifies as an affected source as a single plant site which is under the control of the Department of Energy and which receives offsite mixed wastes. Alternatively, if EPA found that the INEEL is not wholly under the control of the Department of Energy and is made up of independent entities, then the INEEL would still qualify as an affected source by being different plant sites which are not under the control of a common entity.

The off-site materials received by INEEL are wastes delivered to INEEL from locations outside the boundaries of the INEEL plant site which contains one or more of the hazardous air pollutants listed in Table I of Subpart DD.

The list of 26 off-site mixed waste generators is below. [INEEL Site Treatment Plan (1995 & 99 revised update), page 9-1, DOE/ID-10404]

Bettis Atomic Power Laboratory Brookhaven National Laboratory
Charleston Naval Shipyard Energy Technology Engineering Center
Knolls Atomic Power Laboratory (Kesselring)
Knolls Atomic Power Laboratory (Windsor)
Knolls Atomic Power Laboratory (Schenect)
Lawrence Berkeley Laboratory Mare Island Naval Shipyard
Norfolk Naval Shipyard Oak Ridge National Laboratory
Pearl Harbor Naval Shipyard Portsmouth Gasseous Diffusion Plant
Puget Sound Naval Shipyard Rensselear Polytechnic Institute
Rocky Flats Plant Savannah River Site
Air Force California Argonne National Laboratory East
Grand Junction Project Office Hanford Site
Los Alamos National Laboratory Mound Plant
Pantex Plant Sandia National Laboratory
West Valley Heidelberg, Germany

The Heidelberg, Germany shipments arrived at INEEL on Friday, June 29, 2001. They contained a total of 0.0237 MTHM (c. 52 pounds). The West Valley shipments planned for an undisclosed time later this summer 2001 will contain more than 26 MTHM (57,000 pounds) of spent fuel left over from the commercial spent fuel reprocessing venture terminated in the early 1970s.

Additionally, there are expected to be future continuing international shipments of hazardous waste arriving at INEEL as a result of agreements under the "Atoms for Peace" program. Numerous entities operate at the INEEL. If it is determined that any of the various entities are not under the control of DOE, but are independent by virtue of separate control, contractual or separate lease agreements, then any wastes received by other facilities at INEEL from such entities would be coming from a separate plant site and would still be considered off-site waste.

The Argonne National Laboratory, owned by the University of Chicago, operates the Argonne National Laboratory-West on an isolated compound in the southeastern section of INEEL.

The U.S. Navy (Nuclear Propulsion Program) operates the Naval Reactors Facility under separate jurisdiction of DOE's Pittsburgh, PA Naval Reactors Office. The NRF is located on an isolated compound in the central part of the INEEL. Bechtel Bettis is the contractor.

The U.S. Army operates the Special Manufacturing Capability that makes M1-A-1/A2 tank armor located at Test Area North in the northern section of INEEL. The contractor is Bechtel Babcox and Wilcox Inc. (BBWI)

The other INEEL operations are owned by USDOE and managed by the DOE Idaho Operations Office. BBWI is the lead operations contractor.

Origin of Off-site Waste Throughput at INTEC

INTEC reprocessed about 290 MT of Navy spent reactor fuel (SNF) from the Naval Reactors Facility (NRF) and dozens of other domestic and foreign SNF sources over five decades and the high-level waste tanks continue to store much of this waste. [Programmatic EIS pg 1-8] NRF Expended Core Facility fuel storage pool water filter backflush and other liquid waste is shipped to INTEC for processing. Waste that is generated as a result of implementing remedial activities required under the Resource Conservation and Recovery Act (RCRA) or under Comprehensive Environmental Response and Liability Act (CERCLA) authorities is not classified as off-site material. (40 CFR 63.680(b)(2)(iii)). INEEL does not fall under this exception. The wastes being processed at INTEC are wastes which are or have been generated at INEEL from ongoing activities by receiving and processing wastes which have come from other locations such as those listed above.

The requirements of 40 CFR 63 Subpart DD apply to the INEEL units at INTEC

For each operation located at INTEC, Subpart DD requirements apply to the entire group of off-site material management units associated with INTEC operations which are specified in paragraphs 63.680(a)(2)(i) through (a)(2)(vi). (See, 40 CFR 63.680(c)). INTEC meets the conditions specified by Subpart 63.680 (a)(2)(i) as "A waste management operation that receives off-site material and the operation is regulated as a hazardous waste treatment, storage, and disposal facility (TSDF) under either 40 CFR part 264 or part 265." The affected source, i.e., the stationary source(s) to be regulated under Subpart DD, would be the entire group of off-site material management units associated with the INEEL and INTEC operation. These off-site material management units include tanks, containers, surface impoundment oil-water separator, organic-water separator or transfer systems used to manage off-site material.

Process vents are regulated and so is all the equipment associated with the process vents. A process vent means an open-ended pipe, stack, or duct through which a gas stream containing hazardous air pollutants (HAP) is continuously or intermittently discharged to the atmosphere by any of the processes listed in Sec. 63.680(c)(2)(i) through (c)(2)(vi). The entire group of process equipment which is associated with process vents for the processes of distillation, fractionation, thin-film evaporation process, solvent extraction process, steam stripping process and gas stripping process, are all considered subject to regulation. The affected source, i.e., subject to regulation, is the entire group of process equipment associated with the process vent. The Liquid Effluent Treatment and Disposal (LET&D) at INTEC uses the process of fractionation. The Process Equipment Waste Evaporator (PEWE) and the High Level Liquid Waste Evaporator (HLLWE) use the process of evaporation of hazardous high-level radioactive wastes.

The Subpart DD regulations should apply to the entire group of equipment components used for the operations associated with INTEC. Regulations apply to equipment components which consist of a pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, connector, or instrumentation system. Three requirements exist to be considered an equipment component; 1.) The equipment component must contain or contact off-site material; 2) having a total HAP concentration equal to or greater than 10 percent by weight; 3.) The equipment component is intended to operate for more than 300 hours in the calendar year for off-site material.

INEEL does not qualify for a facility-wide exemption from regulation

In order to qualify for an exemption from the Subpart DD requirements there must be less than a megagram (one million grams or one metric ton) per year of the HAP that is contained in the off-site material received at the plant site. INEEL processes more than a megagram annually of HAP and does not qualify for any exemption. As of 1995, 8,100 cubic meters (2,160,000 gallons) of high-level liquid waste was in storage. [Programmatic EIS page 3.1-28][HLW/EIS (1999) put the volume at 1,402,000 gallons page C.9-10]. These numbers indicate that 758,000 gallons were processed during that four-year time. Requirements exist in order for the plant operator to make the showing necessary for any exemption from Subpart DD; 1.) determine the total annual HAP quantity; 2.) prepare new determinations when there are changes; and 3.) maintain documentation to support the determination which includes the basis and data used to determine the HAP content. DOE has made no showing that it is entitled to an exemption from regulatory requirements of Subpart DD.

What compliance dates exist?

40 CFR 63.2 defines "commenced" to mean either "that an owner or operator has undertaken a continuous program of construction or entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or reconstruction." For existing sources that commenced construction or reconstruction before 10/13/94 compliance must be achieved on or before 2/1/2000. For new sources which commenced construction or reconstruction on or after 10/13/94 compliance must be achieved before 7/1/96, or upon initial startup whichever date is later. Under the statutory definition, INEEL commenced construction, e.g., for facilities such as the HLLWE, LET&D and the Advanced Mixed Waste Treatment Facility (AMWTF) within the statutory time period for compliance with MACT.

DOE has missed the deadline for compliance with Subpart DD.

What are the standards for regulating affected sources?

Numerous standards should apply under MACT to INEEL, stationary sources at INEEL and INTEC, including, but not limited to the following:

• 40 CFR 63.683 (b) provides general standards for control of air emissions, removal or destruction of hazardous air pollutants (HAP), and concentration limits for treatment.
• 40 CFR 63.683 (c) provides for controls for air emissions from process vents.
• 40 CFR 63.683 (d) provides for controlling equipment leaks by implementing leak detection and control measures specified in section 63.691.
• 40 CFR 63.684 provides standards for off-site material treatment to remove or destroy HAP at specified performance levels for different types of treatment processes. VOHAP (Volatile Organic Hazardous Air Pollutant) concentration must be reduced by means other than dilution. HAP mass removal requirements exist. HAP reduction efficiency has applicable performance level. Biological degradation has performance levels. Incineration is limited to certain combustion devices. For treatment processes other than thermal destruction HAP must be managed to minimize release "to the extent practical" in accordance with the standards of secs. 63.685 through 63.689.
• The operator must show that the treatment process used has achieved the required performance level. There must be continuous monitoring of the operation (measured at least once every 15 minutes) by an installed system that includes a continuous recorder. Equipment must be installed, calibrated and maintained according to manufacturer's specifications. Recorded data must be inspected on a routine basis. Records for each treatment process must be maintained. Reports must be prepared and submitted. Testing may be required by the Administrator to show treatment is achieving performance requirements.
• 40 CFR 63.685 provides standards for control of air emissions from tanks.
• 40 CFR 63.689 provides standards for transfer systems.
• 40 CFR 63.690 provides standards for process vents.
• 40 CFR 63.691 provides standards for equipment leaks.
• 40 CFR 63.694 covers testing methods and procedures for measurement of VOHAP concentration at point of delivery and point-of-treatment.
• Also see Attachment 3 for Universal Treatment Standards for INTEC HAP's.

Conclusion

The EPA should apply the standards of 40 CFR 63 Subpart DD to the INEEL as a whole and particularly to INTEC operations.

II. The National Emission Standards for Hazardous Air Pollutants for Source Categories should be Applied to the INEEL by finding that the INEEL is a Publicly Owned Treatment Works/Federally Owned Treatment Works (POTW/FOTW) which is a major source of hazardous air pollutant emission meeting requirements or criteria for development and implementation of a pretreatment program. (40 CFR Subpart VVV)

All paragraphs contained in Section I of this petition are herein incorporated by reference.

Pursuant to Section 112 of the Clean Air Act, 42 U.S.C. §7401 et seq., the Administrator of the Environmental Protection Agency has promulgated 40 CFR Part 63 Subpart VVV for National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works.

Three criteria must be met for Subpart VVV to be applied to a facility. (40 CFR 63.1580): (1) owning or operating a publicly owned treatment works (POTW) that includes an affected source (ss 63.1595); (2) The affected source is located at a major source of hazardous air pollutant (HAP) emissions; and (3) the POTW is required to develop and implement a pretreatment program as defined by 40 CFR 403.8 ... or the POTW would meet the general criteria for development and implementation of a pretreatment program (for a POTW owned or operated by a department, agency, or instrumentality of the Federal Government." [64 FR 57579 10/26/99].

INEEL satisfies Criteria 1 to be designated a POTW/FOTW

As an agency of the federal government, the DOE owns and operates INEEL to treat wastewater generated by industrial, commercial and domestic sources. Waste water processed at INTEC includes the mixed high-level waste generated by the liquid acid/solvent dissolving of off-site reactor fuel rods for the extraction of specific fissile material used in military nuclear programs, and mixed waste generated by storage of off-site spent nuclear fuel in cooling ponds, and other waste generated by laboratories engaged in characterizing these waste streams.

"Publicly owned treatment works (POTW) means a treatment works, as defined by section 112(e)(5) of the Clean Air Act, which is owned by a municipality, ..., a State, an inter-municipal or interstate agency, or any department, agency, or instrumentality of the Federal Government. This definition includes any intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment. The wastewater treated by these facilities is generated by industrial, commercial, and domestic sources." (40 CFR 63.1595) (Emphasis supplied).

Attachment C fully details the INTEC evaporators current role in processing off-site and ongoing mixed high-level waste generation.

"Waste and wastewater means a material, or spent or used water, or waste, generated from residential, industrial, commercial, mining, or agricultural operations from community activities that contain dissolved or suspended matter, and that is discarded, discharged, or is being accumulated, stored, or physically, chemically, thermally, or biologically treated in a publicly owned treatment works." (ss 63.1595)

As a Federally Owned Treatment Works, INEEL is included within the POTW source category consistent with the intent of the Federal Facility Compliance Act of 1992 and INEEL is not treated any differently than a POTW for purposes of compliance with MACT standards. (See, 64 FR at 57576). "Regulated entities. Categories and entities potentially affected by the National Emission Standards for Hazardous Air Pollutants includes Federal Government Sewage treatment facilities, and federally owned treatment works." (66 FR 16140 3/23/01). (Emphasis supplied).

INEEL apparently waived (as demonstrated by decades of operational practice) the pretreatment requirement that would otherwise be imposed on the off-site generators due to INEEL's claims to a speciality for treating mixed radioactive waste. Reprocessing of spent nuclear fuel, for instance, is a highly specialized process, which nearly all of INEEL off-site generators lack.

All off-site mixed waste generators are large industrial/military nuclear operations with operating nuclear reactors and facilities that generate mixed nuclear waste. These off-site generators rely fully or in part on INEEL treatment of their mixed nuclear waste in order to meet their NESHAP requirements.

The effective date for industrial POTW compliance is 60 days after Oct. 26 1999 (64 FR 57579 Oct. 26 1999). INEEL has not met the compliance date.

Criteria 2 is satisfied for application of MACT standards to the INTEC and other operations at INEEL because INTEC is an affected source located at INEEL which is a major source of hazardous air pollutant emissions.

Under 63.1582 (a), INEEL qualifies as a POTW/FOTW which is a major source because other industrial dischargers comply with their NESHAP requirements by reliance on the treatment and controls at INEEL. "If an industrial major source complies with applicable NESHAP requirements by using the treatment and controls located at your POTW, your POTW is considered to be a major source regardless of whether you otherwise meet the applicable criteria." (Also see, 64 FR 57579 10/26/99 and 40 CFR 63.1580(a)(3)(c)). Off-site waste generators of waste (see list of 26 off-site mixed waste generators supra) sent to INEEL rely on INEEL to satisfy their NESHAP and other mixed waste disposition requirements reports to appropriately treat their waste. [INEEL Site Treatment Plan (1995 & 99 revised update), page 9-1, DOE/ID-10404].

According to the INEEL High Level Waste Environmental Impact Statement (HLW/EIS p. C.2-6) INEEL is a major source for hazardous air emissions and as a facility is subject to MACT:

"In accordance with Title III of the 1990 Amendments to the Clean Air Act, maximum achievable control technology will be specified by the EPA for various source categories. Maximum achievable control technology will require a level of control at least as stringent as the best performing (i.e., best controlled) sources with each source category. Sources will be required to implement programs or controls to comply with the maximum achievable control technology by the scheduled implementation date. Several maximum achievable control technology standards have been promulgated or proposed. Proposed new sources of emissions at INEEL and modifications are evaluated to determine the expected level of emissions of all pollutants. The INEEL is considered a major source, since facility-wide emissions of some air contaminants exceed 250 tons per year. As such, a Prevention of Significant Deterioration analysis must be performed whenever any modification would result in a significant net increase of any air pollutant." (Emphasis supplied).

The HLLWE, the PEWE and the LET&D facilities at INTEC all use thermal treatment or fractionation. The [HLW/EIS pg C.2-8] states that MACT rule applies to thermal treatment processes such as those used at INTEC:

"Proposed maximum achievable control technology emission standards and work practice requirements associated with combustion of hazardous waste were issued May 2, 1997 (62 FR 24212 ). These apply to certain waste processing facilities, including the New Waste Calcining Facility and other facilities that include thermal treatment processes. Emissions from waste processing facilities covered by the maximum achievable control technology regulations were assumed to meet the May 1997 proposed emissions standards...." "EPA recently finalized the MACT rule for hazardous waste combustion facilities (64 FR 52827, September 1999. It is also expected that additional INEEL air emissions sources will be assigned MACT requirements as standards are promulgated for additional source categories, including (but not limited to waste treatment, storage, and disposal facilities; research and development activities; industrial boiler; process heater; stationary internal combustion engine; and site remediation activities. (Emphasis added).

While the DOE "assumes" that it meets MACT standards at INEEL, there is no evidence that it is in compliance whatsoever with MACT standards at INTEC, or other operations such as e.g., the Tank Farm Facility. (See Attachment C and its attachment B to the PEWE NOI regarding tanks). Petitioners submit that INEEL is not in compliance with the MACT standards at INTEC and numerous other operations at INEEL. DOE, for example could not meet MACT standards for either the New Waste Calcining Facility (Calciner) or the Waste Experimental Reduction Facility (WERF). The Calciner is in standdown. WERF is permanently shutdown.

By failure to comply with MACT requirements, DOE fails to honor commitments made in the HLW/EIS and continues to release the same hazardous air pollutants that it could not release using the Calciner and the WERF by continuing operations of the High-level Liquid Waste Evaporator and other evaporators. DOE makes a mockery of the Clean Air Act and its provisions by conducting operations with evaporators which it could not conduct with incinerators. The net result is a continuing threat to public health and safety by the continuous release of hazardous air pollutants that should be controlled. (See Attachment C PEWE NOI, 6/14/01). In terms of HAP releases, the evaporators would be expected to release more than the incinerators that at least partially consumed the volatile organics even though their emissions still violated the MACT standards.

Major Source: "Section 112(a)(1) of the Clean Air 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." [64 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." [64 FR 75756 10/26/99].

"While the INEEL consists of a variety of operations spread over the 890-square-mile reservation, for the purposes of compliance demonstration with the 40 CFR 61, Subpart H, dose standard of 10 mrem per year, the INEEL is defined as one facility." [1998 INEEL NESHAP Radionuclides Annual Report, June 1999, page 3]

Criteria 3 is satisfied that the INEEL as a FOTW is required to develop and implement a pretreatment program as defined by 40 CFR 403.8

DOE currently operates numerous facilities throughout the United States which, in combination, possess a total design flow greater than 5 million gallons per day which pass through DOE treatment facilities. DOE is thus required to develop a pretreatment program. (40 CFR 480.3).

Additionally, the EPA Regional Administrator should find that other circumstances warrant the requirement that DOE meet pretreatment program standards at the INEEL. There is not a single DOE defense facility in the United States which has not killed or injured its workers and members of the public by the hazardous air pollutants and effluent released from DOE operations. Recent Congressional DOE worker compensation legislation is a testimony to the past injuries and deaths. DOE facilities processing high-level liquid wastes have released those wastes so as to contaminate aquifers, river systems and/or airsheds with volatile organic chemicals, deadly heavy metals and transuranics. Future generations will reap a harvest of poison from past and current DOE operations. INEEL has engaged in onsite dumping repeatedly and failed to comply with the standards of the Clean Water Act and the Clean Air Act so as to unnecessarily expose the public water supplies and airsheds to deadly toxins. The circumstances of past and present INEEL unpermitted and ill-managed operations by the DOE warrant immediate application of all applicable MACT standards to the INEEL.

Conclusion

Subpart VVV should be applied to the INEEL

III. Site Remediation as a Source Category should be applied to the INEEL.

All paragraphs contained in Sections I and II of this petition are herein incorporated by reference.

INEEL also meets the "Major Source Category" under "Site Remediation" in 40 CFR 63.112. EPA's January 30, 2001 updated National Emission Standards for Hazardous Air Pollutants: Revision of Source Category List and Schedule for Standards Under Section 112 of the Clean Air Act Table 1: Categories of Sources of Hazardous Air Pollutants and Regulation Promulgation Schedule by Industry Group [Revision date: January 30, 2001] lists under "Waste Treatment and Disposal" "Site Remediation." [66 FR 8220-8229 1/30/01]

INTEC's High-level Tank Farm has been designated for closure and remediation. [Notice of Violation issued by the State of Idaho] The High-level Liquid Waste Evaporator (HLLWE ), Process Equipment Waste Equipment Evaporator (PEWE) and the Liquid Effluent Treatment and Disposal (LET&D) evaporators are currently emptying the tanks in preparation for remediation in addition to processing newly generated waste. As previously noted, the Tank Farm contains raffinate waste from the acid/solvent dissolving (PUREX) process of mostly off-site reactor spent nuclear fuel for the extraction of fissile material for military nuclear programs.

The DOE's High-level Waste EIS anticipates compliance with new rules and Petitioners want to draw EPA attention at this time to the future applicability of the new rule to the INEEL. The INEEL/HLW/EIS (pg C.2-8) states: "It is also expected that additional INEEL air emissions sources will be assigned MACT requirements as standards are promulgated for additional source categories, including (but not limited to waste treatment, storage, and disposal facilities; research and development activities; industrial boiler; process heater; stationary internal combustion engine; and site remediation activities. (Emphasis added).

INEEL site remediation is organized under a $19 billion CERCLA program.(1996 Baseline Environmental Management Report, USDOE). The INEEL is divided into ten Waste Area Groups with each having dozens of individual Operational Units requiring remediation. To a great extent the remediation is required to mitigate five decades of mis-management of off-site waste shipped to INEEL for treatment/disposition. Off-site waste covers the full spectrum of liquid and solid mixed low-level, mixed transuranic, and mixed high-level waste. No INEEL waste treatment plant has ever been permitted under RCRA, TSCA, or CAA. Two mixed waste incinerators were recently forced to shutdown after Notices of Intent to Sue were filed by us. Three additional unpermitted INEEL high-level mixed liquid evaporators (HLLWE, PEWE, and LET&D) are currently operating.

Conclusion

Site Remediation as a source category in 40 CFR 63.112 is satisfied so that MACT should apply to the INEEL.

Sincerely,

_____________________________

Chuck Broscious
Executive Director
Environmental Defense Institute
P.O. Box 220
Troy, Idaho 83871-0220
Voice: 208-835-6152
Fax: 208-835-5407

_____________________________

David B. McCoy, Attorney
(California Bar #170737)
2940 Redbarn Lane
Idaho Falls, Idaho 83404
V/F 208-542-1449

Attachment A: List of Hazardous Air Pollutants in INTEC Waste Stream

Attachment B: List of INTEC Waste Requiring Specialized Treatment

Attachment C: Notice of Intent To Sue

cc:

Katherine Thompson, USEPA Office of Inspector General

Erik Ringelberg, Keep Yellowstone Nuclear Free

Attachment A

INTEC Liquid Waste

Maximum Achievable Contaminate Treatment (MACT)

Hazardous Air Pollutant ( HAP) LIST

Rev. 7/12/01

Below is a list of INTEC RCRA listed throughput waste that also is listed on the MACT HAP list.

Note: "For all listings above which contain the word 'compounds' and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) As part of that chemical's infrastructure."

Sources:

1.) 40 CFR 63.112(b)(1). Clean Air Act, MACT Hazardous Air Pollutants List

2.) 40 CFR 268.40 Subpart D Hazardous Waste Treatment Standards listing of CAS Numbers, Pollutant Name, and EPA Waste Code Numbers

3.) Resource Conservation Recovery Act, Part A Permit Application Number (ID4890008952) April 1999, EPA Hazardous Waste Codes

4. EPA Final Ruling, Federal Register /Vol. 64, No 206/ Tuesday, October 26, 1999/ Rules and Regulations, page 57576, Federally Owned Treatment Works (FOTW), related to MACT Source Categories that states in part: "Accordingly, EPA has revised the definition of [Publicly Owned Treatment Works] POTW in this rule both to recognize this distinction and to confirm the intent of the EPA to include FOTW in this source category."

5.) National Emission Standards for Hazardous Air Pollutants, Revision of Source Category List and Schedule for Standards Under 40 CFR 63.112 of the Clean Air Act. Federal Register, January 30, 2001, Volume 66, Number 20. This Notice lists under the category of Waste Treatment and Disposal both Publicly Owned Treatment Works but also "Site Remediation" as acknowledged pollutant sources that come under the MACT. The INTEC is undergoing CERCLA Superfund cleanup (remediation) including the closure of the high-level liquid waste tank farm. Therefore, this category of MACT also applies as a source of hazardous air pollutants which DOE's INTEC must comply with.