[Congressional Record Volume 141, Number 176 (Wednesday, November 8, 1995)]
[Senate]
[Pages S16822-S16823]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself, Mr. Johnston, and Mr. Kempthorne):
  S. 1402. A bill to amend the Waste Isolation Pilot Plant Land 
Withdrawal Act and for other purposes; to the Committee on Energy and 
Natural Resources.


          The Waste Isolation Pilot Plant Land Withdrawal Act

  Mr. CRAIG.
  Madam President, today Senators Johnston, Kempthorne, and I are 
introducing legislation to expedite the opening of the waste isolation 
pilot plant. This legislation removes unnecessary and delaying 
bureaucratic requirements, achieves a major environmental objective, 
saves the taxpayers money and, most significantly for the Nation and 
Idaho, begins the process of successfully cleaning up and 
decommissioning the nuclear weapons complexes and temporary storage 
facilities.
  The waste isolation pilot plant is located in southeast New Mexico. 
It is truly a unique project. Its specific purpose is to provide for 
the safe disposal of transuranic radioactive and mixed waste resulting 
from defense activities and programs of the U.S. Government. The 
importance of WIPP, however, extends beyond its stated mission.
  Idaho currently stores the largest amount of transuranic waste of any 
State in the Union, but Idaho is not alone as a waste storage State. 
Washington, Colorado, South Carolina, and New Mexico also have large 
amounts of transuranic waste in temporary storage. Until the WIPP 
opens, little can be done to clean up and close these temporary storage 
sites.
  The agreement recently negotiated between the State of Idaho, the 
DOE, and the U.S. Navy, states that transuranic waste currently located 
in Idaho will begin to be shipped to WIPP by April 30, 1999. This 
legislation will assure this commitment is fulfilled.
  We cannot solve the environmental problems at sites such as Idaho's 
National Engineering Laboratory, or Rocky Flats Weapons Facility, or 
Savannah River, or others, without this facility in New Mexico. The 
reason is 

[[Page S 16823]]
obvious, Madam President. Without a place to dispose of the waste, 
cleanup is impossible. Without cleanup, further decommissioning cannot 
occur.
  The goal of this bill is simple: To deliver on Congress' longstanding 
commitment and open the WIPP facility by 1998.
  This bill amends the Waste Isolation Pilot Plant Withdrawal Act of 
1992 in several very important and significant ways.
  It deletes obsolete language of the 1992 act. Of particular 
importance is the reference and requirements for test-phase activities. 
Since the enactment of the 1992 act, the Department of Energy has 
abandoned the test phase that called for underground testing in favor 
of aboveground laboratory test programs. Thus, the test phase no longer 
exists, as defined in the 1992 law, and needs to be removed so it does 
not complicate the ongoing WIPP process.
  Most important, this bill will streamline the process, remove 
duplicative regulations, save taxpayers dollars--repeat, save taxpayers 
dollars, hundreds of millions of dollars--and have the following 
effects:
  The existing law contains a 180-day waiting period between the time 
the Secretary of Energy makes a decision to operate the WIPP and the 
actual commencement of disposal operations. My bill eliminates this 
waiting period. The 180 days constitutes an unnecessary delay. 
Eliminating 180 days saves $140 million or more in operational expenses 
during the waiting period and will start the removal of this type of 
waste from the aboveground storage in Idaho and other affected States 6 
months earlier than now scheduled.
  The bill requires the Secretary of Energy to determine if engineered 
or natural barriers in the facility are necessary. This change is 
consistent with the concept of allowing actions at the WIPP to be based 
on the technical needs of the WIPP.
  Section 7, ``Compliance With Environmental Laws and Regulations,'' 
will streamline DOE's compliance with applicable environmental laws.
  In other words, Madam President, we are not stepping aside from the 
current environmental commitment. We are assuring that all of it is 
met, but that it is met on time and under standard.
  Section 8 repeals the retrievability requirement which was an 
outgrowth of below-ground testing. With the replacement of the test 
phase by laboratory testing, retrievability no longer is needed. All 
tests are now performed in the laboratory and no transuranic waste is 
used in testing at the WIPP.
  The bill deletes the need for a decommissioning plan which is a 
duplicative and costly legislative mandate. This plan is covered by the 
disposal standards of the Land Withdrawal Act of 1992 and thus is not 
needed.
  It deletes the requirement for a no-mitigation determination. In a 
letter to Senator Kempthorne and me dated September 8, 1995, the 
Environmental Protection Agency started that a no-mitigation variance 
is duplicative because the WIPP is held by the other statutes to a 
higher standard. EPA states, ``A demonstration of nonmitigation of 
hazardous constituents will not be necessary to adequately protect 
human health and the environment.'' Despite this view, EPA further 
states that unless the current law is amended, the WIPP will be forced 
to comply with the no-mitigation standards. This unnecessary 
duplication would be time consuming and costly.
  It allows the Secretary of Energy to dispose of a small amount of 
nondefense transuranic waste in the WIPP. In my opinion, this is a cost 
effective and safe way to dispose of a relatively minor amount of 
waste.
  But just as important, I would like to make clear what my bill does 
not do.
  This bill does not remove EPA as the DOE regulator of the WIPP. DOE 
has stated numerous times that it does not want to self-regulate. The 
Department believes that having EPA as the regular will instill 
additional public confidence in the certification process and the 
facility itself, once it opens.
  I am skeptical regarding EPA. EPA has a poor record of meeting 
deadlines. The WIPP, as a facility, is ready to operate now and is 
basically waiting on EPA's final approval. The schedule DOE has 
established to meet the opening dates is an aggressive but not entirely 
workable timetable. It is aggressive only if EPA can accomplish its 
tasks on time. Because of EPA's demonstrated inability to meet 
schedules and to avoid imposing unnecessary large financial burdens on 
the taxpayer, there is a strong sentiment in the Congress to remove EPA 
from the WIPP regulatory role. Based on assurances made to me by the 
EPA, my bill does not follow this course. However, if EPA again 
falters, I will have to reconsider this position in future legislation.
  Idaho and the Nation need to have the WIPP opened sooner rather than 
later. Each day of delay is costly, and the potential dangers to the 
environment and human health resulting from the temporary storage of 
this waste continue.
  It is time to act. We must, if we are to clean up sites such as 
Idaho's. We must act to dispose of this task permanently and safety for 
future generations. This bill clears the way for action.
  I encourage my colleagues to become cosponsors of this legislation. 
We hope to move it expeditiously through the necessary committee and 
hearing process so that it can become law.
                                 ______