September 23, 2004

Richard Greene
Regional Administrator
Environmental Protection Agency, Region VI
1445 Ross Avenue
Dallas, TX 75202
By Fax to: (214) 665-6648

Gerald Fontenot
Director of Enforcement
Environmental Protection Agency, Region VI
1445 Ross Avenue
Dallas, TX 75202-2733
By Fax to: (214) 665-7446

George "Pete" Nanos
Director
Los Alamos National Laboratory
Los Alamos, NM 87574
By Fax to: (505) 667-2997

Ed Wilmont
Area Manager for Los Alamos Site Office
National Nuclear Security Administration
Los Alamos, NM 87574
By Fax to: (505) 665-1718

Robert Dynes
President
Regents of the University of California
1111 Franklin Street, 12th Floor
Oakland, CA 94607-5200
By Fax to: (510) 987-9086

Re: Public Comment Period for the draft Federal Facilities Compliance Agreement under the Clean Water Act for Los Alamos National Laboratory

Gentlemen:

Concerned Citizens for Nuclear Safety (CCNS) is a non-profit environmental organization based in Santa Fe, New Mexico. CCNS was formed in 1988 to voice citizens' concerns about the transportation of nuclear waste from Los Alamos National Laboratory (LANL) to the Waste Isolation Pilot Plant (WIPP). As an active participant in public processes involving operations and emissions at LANL, CCNS requests a 60-day public comment period for the draft Federal Facilities Compliance Agreement (FFCA) under the Clean Water Act for LANL.

CCNS understands that, despite requests by the New Mexico Environment Department (NMED) through the negotiation process for the Corrective Action Order (CAO) for LANL, the draft FFCA under the Clean Water Act will not be made available for public comment. We understand that the Environmental Protection Agency (EPA) is opposed to public comment on the FFCA and is adamantly arguing that there is no requirement to release the draft for public comment. EPA also argues that if the document is released for public comment, it will set a precedent that would require EPA to provide public comment opportunities on such documents in the future.

These arguments are disingenuous. In 1991 and 1992, the EPA issued Notices of Non-compliance to the Department of Energy (DOE) for Clean Air Act violations at LANL. As a result of negotiations between EPA and DOE, a draft FFCA was released for a 60-day public comment period. In 1996, EPA and DOE signed a final FFCA that incorporated comments made during the public comment period. Therefore, the precedent has already been set by EPA to allow public comment on compliance agreements involving LANL.

Furthermore, when the NMED CAO for LANL was released, there was no legal requirement for a public notice and comment process. Yet, NMED erred on the side of the public process and released the CAO for a 90-day public comment period. We believe EPA should also err on the side of public process and release the draft FFCA under the Clean Water Act for public comment.

The citizens of Northern New Mexico have been impacted by the May 2000 Cerro Grande fire and are concerned about increased runoff, flooding and erosion as a result of the fire. Recent findings indicate that increased levels of plutonium and other contaminants are moving through surface and storm water pathways in the canyon systems and toward the Rio Grande. As an organization that commented on the NMED CAO for LANL, which included the Clean Water Act issues that are now being negotiated through the FFCA, CCNS believes public comment on the draft FFCA under the Clean Water Act is essential. Therefore, CCNS strongly recommends that EPA submit the draft FFCA to the public for a 60-day public comment period.

Should you have any comments or questions, I can be reached by email at jarends@nuclearactive.org. Thank you for your consideration of our request.

Sincerely,

Joni Arends
Executive Director