TCEQ Nears Decision on Radioactive Waste Rules

Public Comments Submitted in September

The Texas Commission on Environmental Quality (TCEQ) is currently in the process of reviewing comments on its proposed rules for implementing HB 1567, the new law on radioactive waste management enacted by the Texas Legislature this past spring.The deadline for public comment on the rules was in late September. Among the comments submitted were a set of comments by the Texas Radioactive Waste Defense Fund (TRWDF). TRWDF is the informal network of environmental and public interest organizations and individuals working together in opposition to the radioactive wastes dumps. The Lone Star Chapter of the Sierra Club is actively involved with the network.

Radioactive Waste Defense Fund Comments

The comments submitted by TRWDF were prepared with input from acknowledged experts in the area of dealing with radioactive waste. They pointed out several areas of concern in the specifications of a site that would accept not only waste from Texas’s “compact” partner states, but also vast amounts of “federal” waste. Remember that the compact is an agreement set up through Congress for host states (in this case Texas) to accept for disposal radioactive waste generated in partner states. Maine and Vermont were the partner states when the compact was formed several years ago; Maine has since decided to withdraw from the compact early next year. The second, separate facility at the site would be ‘disposing’ of waste from federal nuclear weapons programs.

The main concern expressed in the comments is the lack of appropriate limits on concentrations and quantities of radionuclides acceptable for disposal in a “low-level” radioactive waste facility licensed pursuant to these regulations. This concern relates to the fact that there are essentially no limits imposed on the amounts or the level and longevity of radioactivity of waste that would be allowed at the dump. While the term “low-level” might lead one to think that the radioactive waste is not very dangerous or long-lived, in fact, much of this waste could have enough radioactivity to damage or kill people very quickly, and will remain dangerous for thousands and even millions of years. This is a task that humankind has never contemplated or tried before – to contain and control substances that are deadly longer than all our history thus far.

Next Steps

By the end of November TCEQ is scheduled to respond to all of the comments submitted by TRWDF and other individuals or organizations (including, of course, the company most eager to operate these facilities, Waste Control Specialists). Then, on December 17, there will be a meeting of the commissioners where they will vote on the adoption of the rules (with whatever modifications proposed in response to the comments). There will be public comments allowed at this meeting – please contact the Lone Star Chapter of the Sierra Club if you would like to attend and speak at this meeting but have questions on how to do so.

In the meantime, representatives from the Texas Radioactive Waste Defense Fund are meeting with each of TCEQ’s commissioners separately to discuss the issue and raise concerns about some legal conflicts between HB 1567 and federal law on radioactive waste. Although the legislation mandates an accelerated process for licensing a private company to create the dump and begin burying waste in west Texas, there are still a lot of long steps in that process. The Lone Star Chapter and the other participating groups in the Radioactive Waste Defense Fund will not and cannot give up the fight.

For more information contact Margot Clarke, Outreach Coordinator, Lone Star Chapter of the Sierra Club, at margot.clarke@sierraclub.org or 512-477-1729.