Sierra Club

A new sacrifice area in West Texas on the New Mexico border opened up to commercial nuclear waste on 27 April 2012. It is the first “full service” dump in US since the 1980 Low Level Radioactive Waste Policy Act passed seeking new sites, and the first since the Barnwell, South Carolina dump opened in 1971. After decades of searching, cajoling, maneuvering, and a billion dollars or more spent in 18 or more states, the nuclear industry has managed to find a new hole in the ground to bury its waste.  Waste Control Specialists (WCS) joins the original 6 “low-level” waste dumps in the US that opened in the 1960s and 70s and the Utah EnergySolutions site.

Four of these sites are closed. The EnergySolutions (formerly Envirocare) dump in Utah, started taking abandoned radioactive waste in 1988 and kept expanding to take more kinds of nuclear and hazardous waste. But the Utah legislature has never let it accept the more concentrated Classes B and C “low-level” radioactive waste (some of which can give a lethal dose if exposed without shielding). WCS can take Classes A, B and C, commercial and weapons waste, mixed radioactive and hazardous, and hopes to expand to take even more.

Waste Control Specialists (WCS) is a subsidiary of Valhi, owned by multibil-lionaire Harold Simmons, one of the 50 wealthiest people in the U.S. and a major political donor in Texas and nationally. Simmons, who was a key funder of the “swiftboat” ads against former Presidential candidate John Kerry, and gave millions to Mitt Romney Super PACs, has used his influence from the start--first getting the state to change the law to allow a private company to own and run a nuclear waste site, then in getting a state license even though the full technical review team unanimously rejected it for not protecting the water. Three members of that team quit in disgust when the license was granted by the political appointees that head the agency. It was granted with over 90 “conditions” that it had not met.

Interestingly, while the application was under review by one state agency, the Texas Water Development Board chan-ged the location of the Ogallala Aquifer, moving the mapped boundary from the WCS site to miles away, at least partly based on information provided by WCS geologists. WCS sued a critic who charged the site threatens the aquifer and he has since become silent on the issue. The Ogallala Aquifer, one of the world’s largest fresh water aquifers, extends from Texas and New Mexico through the farm belt of the U.S. up to the Dakotas. Local residents who ques-tioned or challenged WCS have been harassed.

The Lone Star Sierra Club is still fighting for a hearing on the licensing. The court ruled that a contested case hearing should be held but the state and WCS have appealed. Waste is being buried even though the appeal is pending. Ironically the first waste to be buried was from a company outside the Texas-Vermont Compact. The dump had been touted to be exclusively for waste from the two Compact states only and its licensed capacity is less than the amount needed by generators in those two states. Regardless, the Texas and Vermont governors’-appointed Compact Commission approved taking 
“out-of-compact” waste, at the behest of WCS. 

Prior to this, intensely radioactive nuclear weapons waste from the Depart-ment of Energy (DOE)’s Fernald site (K-65 ore from the Belgian Congo) was buried there under a different license. Under the Texas law passed specifically to enable this private dump, commercial compact waste had to begin being disposed before more DOE weapons waste can be buried. 

This translates into billions of dollars in contracts from weapons sites across the country in addition to the commercial waste from TX, VT and generators from all the other states which the compact commission is approving with a rubber stamp. Simmons and WCS will make big bucks. Andrews Country gets 5%. The nuclear industry has the illusion of a solution to its waste problem. The water, air, environment and the species that depend on them pay the price.

(May 7, 2004) Despite four years of public participation, expressions of opposition to and concern with the proposals by US agencies to "harmonize" with international transport recommendations, the US Nuclear Regulatory Commission (NRC) and Department of Transportation (DOT) adopted new regulations for radioactive transport in January 2004. NIRS and numerous other public interest, environmental and religious groups and individuals across the US are challenging a portion of the rule that reduces public protections by allowing more radioactivity to move on roads, rails, planes and waterways without regulatory control.

(609.5605) NIRS - Among other provisions that weaken public and worker protection from nuclear materials in transit, the regulations exempt various amounts of every radionuclide (radioactive forms of each element) from placarding, manifesting and tracking. A whole new category of exempt quantities "per consignment," which did not exist in previous regulations, is being adopted. In addition, the previously allowed exempt concentration level (70 bequerels per gram or approximately 2 nanoCuries per gram of any one or combination of radionuclides) is being replaced with different levels for each radionuclide. For more than half of the radionuclides, the exempt concentrations will increase, thus increasing the amount of unregulated nuclear material being shipped without any notice or regulatory control.

"At a time of heightened alert and concern about dirty bombs, the federal government is dramatically increasing the amount of nuclear material that can be transported routinely into and through the US without any labeling or controls. This is the exact wrong time for US agencies to let go of nuclear materials and wastes," stated Diane D'Arrigo, Radioactive Waste Project Director at Nuclear Information and Resource Service. "It will make it harder to watch for and detect dirty bombs because there will be more false positives in everyday transport."

"Workers and the public will be exposed to radiation without their knowledge or consent. It is forced radiation exposure," charged David Ritter, Policy Analyst at Public Citizen's Critical Mass Energy and Environment Program.

Transport workers in both the rail and trucking industries and those involved in cleaning up accidents could be routinely exposed to radiation. First responders, customs agents and those who load and unload shipments will also come into contact with unlabeled nuclear materials. Since the materials could go to municipal and industrial landfills, incinerators and scrap recycling centers, workers at those sites could be regularly exposed to more radiation.

"NRC and DOT's generic exemptions will facilitate the deregulation of nuclear waste and use of contaminated materials to make household items and building supplies. That is the real motivation," said Dr. Judith Johnsrud of the Sierra Club, "to make it easier for other federal and even state nuclear agencies to treat nuclear waste as if it is not radioactive."

Neither NRC nor DOT can provide any meaningful justification for the exemptions for relaxing restrictions on nuclear materials. The exempt amounts are the same as those proposed by international nuclear advocacy organizations (IAEA and Euratom) to allow nuclear waste to be deregulated or "cleared." Once "cleared" from nuclear controls, the radioactive material can enter the marketplace as regular trash or be sold to recyclers to make consumer goods like cars and toys and to build civil engineering projects like roads, playgrounds or parking lots.

"It is not a coincidence. It's a deliberate attempt to by the Bush Administration agencies to bypass the American public's opposition to nuclear waste deregulation and get it into US law," said Michael Welch of the Redwood Alliance. "DOT and NRC are teaming up with the global nuclear power and weapons industry to make it cheaper to run and decommission nuclear reactors and support facilities."

The Environmental Protection Agency, Nuclear Regulatory Commission and Department of Energy are all in the various stages of deregulating nuclear wastes over which they have jurisdiction.

"Removing existing requirements for labeling in transit will make it easier for those agencies to let nuclear wastes to get out into commerce. The public will be exposed both during transport and then again from the products and buildings made from contaminated materials," explained Dan Hirsch, President of the Committee to Bridge the Gap.

Since both US agencies share responsibility for radioactive transport in the US, they coordinated adoption of the same exemption regulations. NIRS et al are challenging the rules of both agencies. The DOT is expected to respond to the challenge by May 25, 2004. The case against the NRC is on hold in the 9^th Circuit of US Federal Court until the DOT responds.

Source and contact: dianed@nirs.org