TCEQ Proceeds with Rules for Radioactive Waste Dumps

Sierra Club Urges Public Comment on Proposals

The Texas Commission on Environmental Quality (TCEQ) has already begun the process by which HB 1567, authorizing the creation of multiple radioactive waste dumps in West Texas, will be implemented. Despite all the efforts of the environmental and public interest communities, over many years and several legislative sessions, this spring the special interests eager to make profits from turning Texas into the recipient of millions of cubic yards of “low-level” radioactive waste (LLRW) prevailed. They were able to win a change in state law that will allow a private company to seek a license from the state to dispose of these so-called “low-level” wastes (more or less anything that’s not defined as “high-level” or other wastes). Now the Lone Star Chapter of the Sierra Club and others are preparing for the arduous task of overseeing the creation of the rules that will govern the locating and permitting of these dumps.

Huge Volumes of Waste Headed to Texas?

While repeated claims have been made over the past decade or so that Texas needed to have a LLRW dump to fulfill its responsibilities under the compact with Maine and Vermont, the new law enacted this spring by the Texas Legislature actually allows an additional, separate dump for “federal facility waste,” as in radioactive waste from nuclear weapons facilities. These wastes are under the authority of the U.S. Department of Energy (DOE).

DOE has the power to contract with a private company to have that company dispose of such wastes, and the change in Texas law that allows a private company to receive a license from the State of Texas to dispose of LLRW opens the door for this state to become the dumping ground for all of these DOE wastes. Since most of the numerous amendments aiming to limit the volume of waste or control how it will be disposed of failed, millions of cubic feet of this dangerous material (up to 162 million cubic feet of waste from DOE) could end up dumped into dirt trenches, without containerization or means to check for leakage or groundwater pollution.

Draft Rules

The TCEQ staff has developed draft rules to govern the licensing of LLRW dumps in Texas. These proposed rules have been published in the Texas Register. Under a stringent timeline set out in the legislation, the public now has until September 22 to comment on proposals. The only opportunity for in-person commentary will be a public hearing in Austin on September 16. The draft rules are posted on the TCEQ website at the following address:

http://www.tnrcc.state.tx.us/permitting/wasteperm/stakeholdergroup/llrw.html.

The Sierra Club and other groups involved with fighting this are currently analyzing the proposed rules. A summary and points of concern will be distributed through an e-mail alert and posted to the Chapter website in early September at http://www.texas.sierraclub.org

Public Support Needed

Texas really needs the help of its concerned citizens to force TCEQ to be as careful and forward-thinking as possible in carrying out its authority to regulate LLRW. Comments on the proposed rules from as many citizens as possible are needed.

Anyone interested in supporting the efforts to monitor and shape the development of these radioactive waste rules may make a tax-deductible contribution (since this is not a legislative lobbying or political activity) to “The Sierra Club Foundation, Lone Star Chapter Fund.” Checks may be mailed to the Lone Star Chapter office, P.O. Box 1931, Austin, TX 78767.