[Congressional Record Volume 142, Number 32 (Monday, March 11, 1996)]
[Senate]
[Pages S1663-S1665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            CALIFORNIA LOW-LEVEL RADIOACTIVE WASTE FACILITY

  Mr. MURKOWSKI. Mr. President, last Thursday, as chairman of the 
Senate Energy and Natural Resources Committee, I introduced 
legislation, along with my colleague, Senator Johnston, the ranking 
member of that committee, to sell 1,000 acres of Federal excess land 
out in a California desert at a fair market value in order that 
Californians may finally begin to work for their low-level radioactive 
waste facility at a place called Ward Valley.
  This is a step that the Governor of California, Gov. Pete Wilson, had 
asked us to take after the State of California has suffered from some 2 
years of frustration at the hands of the Department of Interior.
  The measure that Senator Johnston and I have introduced to end this 
stalemate is virtually identical to the language the Senate previously 
agreed to in the reconciliation bill conference report. But there is an 
important difference, Mr. President. That important difference is that 
we want to remove the latest excuse of the Secretary of the Interior, 
Secretary Babbitt, who has voiced refusal to convey that land, and the 
rationale for that is pretty hard to explain at this time. Perhaps we 
will have some justification from the Secretary, but we certainly do 
not have it now.

  What we have done is we have added an additional condition, and that 
is that California must provide its written comment and commitment to 
carry out additional environmental monitoring and protection measures 
based on

[[Page S1664]]

recommendations of the National Academy of Sciences before the land 
transfer can be made. This should satisfy the Department of the 
Interior's objection. Indeed, if the Department of the Interior objects 
to this bill, it will be obvious that it is merely playing games and 
promoting delays.
  With this bill, we are calling the Secretary's hand in a sense, and 
we will soon know if the dispute is about health and safety or whether 
it is about something else; perhaps raw politics.
  For the sake of the other Senators who are listening, let me review a 
little history.
  Back in 1980 and 1985, Congress gave to each State the steps 
necessary for the responsibility for low-level radioactive waste 
disposal. Let me say that again so there is no misunderstanding.
  Low-level waste disposal is a State responsibility as deemed by 
Congress. There is, of course, appropriate Federal oversight in various 
ways, including congressional approval of interstate compacts, the 
oversight of the Nuclear Regulatory Commission, the oversight of the 
Environmental Protection Agency, and the application of all NEPA and 
other relevant statutes, including the Endangered Species Act.
  But subject to compliance with all of those Federal requirements, 
States license their low-level facilities. The States are still 
responsible and are still accountable.
  So having studied the rules of procedure some years ago, the State of 
California began the long process to site a low-level facility for the 
waste generated in California and its other compact States, including 
Arizona, North Dakota, and South Dakota.
  Some 8 years went by, Mr. President, during the licensing process, 
costing more than $45 million. The State of California finally 
completed its task and awarded a license for a waste facility at Ward 
Valley out in the Mojave Desert.
  We have seen opponents of the project ranging from the antinuclear 
activists to some of the West Hollywood movie stars who continue to 
oppose Ward Valley at seemingly every opportunity.
  Obviously, California leads in advanced cancer treatment. They have 
biotechnology capabilities in various companies, and making new 
advancements. So there are sources of low-level radioactive waste 
falling off from these activities. Some in California do not believe 
that California should have to keep any of its radioactive waste. Some 
say, ``Send it elsewhere,'' yet they want the jobs. They do not want 
the waste. So they continue to oppose, continue to litigate, continue 
to delay.
  Where will we put the waste, Mr. President? It is not in the interest 
of California to leave it where it is, scattered all over the State.
  Those in opposition, as I indicated, went to court. In many cases, 
the court challenges were virtually all but exhausted. All that 
remained was a simple administrative land sale from the Bureau of Land 
Management to the State of California, the kind of routine conveyance 
that would be normally handled by a BLM office.

  California had met all the requirements of law and more and had 
passed every test, met virtually every challenge. Then suddenly we see 
the Secretary of the Interior--some have suggested on the behest of the 
White House--change the rules of the game. The Secretary of the 
Interior simply intervened and effectively kept the land sale from 
proceeding for more than 2 years, first, by considering new rounds of 
administrative hearings--that is always a handy dodge for decision--and 
then by ordering a review by the National Academy of Sciences on seven 
different issues of convention.
  Mr. President, that plan backfired. The American Academy of Sciences' 
review turned out to be highly favorable to the Ward Valley site, much 
to their chagrin. At the conclusion of the Academy review, we had hoped 
that any remaining excuse for further delay would have evaporated. 
Unfortunately, that was not the case. The Ward Valley opponents 
continued their efforts to delay this, almost indefinitely it seems, 
like suggesting at each juncture a new study, a new hurdle, a new 
obstacle, and a new administrative roadblock of some kind.
  The latest hurdle was directed on February 15 when Interior Deputy 
Secretary John Garamendi announced yet another round of followup 
studies to include tritium tests. California is not opposed to the 
tritium tests. The State is willing to conduct those tests. The 
problem, Mr. President, is that Interior wants the tests concluded 
prior to the land transfer.
  The National Academy of Sciences did not say this was necessary or 
desirable. In fact, the Academy suggests ongoing testing should be 
undertaken in conjunction with the operation of the facility. There is 
a distinct difference here, Mr. President. The Academy suggests ongoing 
tests should occur in conjunction with operations. The Interior 
Department's actions, in my opinion, are merely a tactic to delay the 
commencement of operations at Ward Valley until after, well after 
perhaps, the next election, if one can believe that.
  If we do nothing, Mr. President, and allow this land conveyance to be 
delayed, I can guarantee that there will be some new obstacle erected 
after the tritium tests are complete. As the National Academy of 
Sciences pointed out, tritium tests are difficult, tritium tests are 
often inconclusive. That is why they should not be rushed, they should 
not precede the conveyance. They should continue along with all 
other monitoring and testing measures that will be undertaken during 
the site's operation.

  If we proceed with rushed tritium testing, we will likely end up with 
an inclusive result providing project opponents with yet another excuse 
for delay. At the very least, the project opponents will ask for 
another supplemental EIS to consider any new information. A new basis 
for further litigation or new strategies for delay would certainly be 
fabricated. These delays would simply just go on and on and on.
  So what we have, Mr. President, is the Department of the Interior, 
lacking expertise or responsibility in matters related to the 
regulation of radioactive materials, aspiring to get in the business of 
nuclear regulation.
  Even worse, the Secretary of the Interior is acting to usurp the 
statutory authority of the State of California to protect the 
radiological health and safety of its citizens through the State 
management and oversight of low-level radioactive waste disposal.
  Quite often, Mr. President, the mere mention of the words 
``radioactive'' or ``nuclear'' rouse public fear and emotion. It is bad 
enough when activists manipulate public fears to advance an antinuclear 
agenda, but when the Secretary of the Interior joins in, we simply have 
to put a stop to that kind of nonsense.
  Some of my Senate friends may recall that we made low-level 
radioactive waste management a State responsibility in the 1980 and 
1985 act, which was mandated in response to heavy lobbying by one 
group, the National Governors' Association.
  It is interesting to note that at that time Arizona Governor Bruce 
Babbitt and Arkansas Governor Bill Clinton were prominent leaders in 
the National Governors' Association. Governor Babbitt even served on a 
special NGA task force recommending that low-level radioactive waste 
management become a State responsibility. Today, the Secretary of the 
Interior, Secretary Babbitt, is working to usurp and erode the very 
State authority he lobbied Congress for as a Governor. I find that most 
ironic.
  The irony is not lost on the Governor of California, I might add. He 
has asked us for this legislation. Governor Wilson is concerned about 
the health, safety and welfare of Californians as a consequence of this 
low-level waste being spread out throughout California in a temporary 
type of storage until such time as a permanent low-level waste site can 
be opened.
  Governor Wilson is aware that low-level radioactive waste is stored 
in hospitals, residential neighborhoods, in businesses and 
universities, at 2,254 sites in 800 locations across California, and 
the waste in these temporary sites are subject to accident, fires, 
floods, perhaps earthquakes as well.

  If you oppose this bill, then you are, by necessity, arguing for the 
continued storage of these materials all over the State of California 
or the transportation of these materials across the United States to 
the only facility currently open to California, or any other State for 
that matter, and that is

[[Page S1665]]

Barnwell, SC. That is the only site in the country we have for low-
level waste.
  Meanwhile, some hospitals in California are running out of room. Will 
this result in the curtailment of some cancer treatment or AIDS 
research that uses radioactive materials? Perhaps. Will this result in 
an accidental release at one of these disposal locations as a 
consequence of fire, flood, or earthquake? Perhaps. We can only hope, 
of course, and pray that that will not happen. But that is our 
exposure, Mr. President.
  To summarize, this is a simple, directed land sale that does what 
this administration should have done a long time ago. If we fail to do 
this, we not only create problems for California, Arizona, North 
Dakota, South Dakota, and others in the Southwestern Interstate 
Compact; we also challenge the viability of the Low-Level Radioactive 
Waste Policy Act and the policy of State responsibility on which it was 
based.
  A June 16 editorial in Science magazine, published by the American 
Association for the Advancement of Science, a prestigious and respected 
scientific organization, perhaps said it best. And I quote:

       The risks stemming from one carefully monitored Ward Valley 
     low-level retrievable waste site are trivial in comparison 
     with those from 800 urban accumulations. Enough of groundless 
     fears and litigation.

  Mr. President, we have indeed had enough of groundless fears and 
certainly enough litigation. This is almost a full-employment act for 
some of the attorneys that specialize in nuclear waste.
  The time has come to act. We as leaders must decide whether we want 
to base our actions in this area on the professional judgments of 
respected scientists whom we can hold accountable, or whether we want 
to take our advice about radioactivity from Hollywood entertainers and 
activists who host fund-raisers in their Beverly Hills mansions or 
Malibu beach houses.
  Mr. President, it is time to recognize that this decision should be 
made, as it has been to date, by the best science and technology 
available. Certainly, the National Academy of Sciences in its 
recommendation simply says that this site is adequate.

  Additional monitoring should occur, but let us get on and make the 
decision and stop the rhetoric. We have had enough antiscientific 
rhetoric. Let us stand up to those who would manipulate, who would 
inflame public fears, and fail to recognize their obligation. That is, 
if they are going to criticize the best advice from the experts that we 
have, then they better come up with an alternative. These people not 
only are fearful but absolutely refuse to accept that responsibility.
  So, Mr. President, I urge my colleagues to work for the passage of 
this bill. Let California have the responsibilities and prerogatives it 
was promised when this Congress passed the Low-Level Radioactive Waste 
Policy Act. It is now time to move.
  I thank the Chair and I yield the floor.
  Mr. HATCH. Mr. President, I yield, without losing my right to the 
floor, to the distinguished Senator from Vermont.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Vermont.

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