[House Report 105-181]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-181
_______________________________________________________________________


 
     TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT

                                _______
                                

 July 15, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Bliley, from the Committee on Commerce, submitted the following

                              R E P O R T

                        [To accompany H.R. 629]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, to whom was referred the bill 
(H.R. 629) to grant the consent of the Congress to the Texas 
Low-Level Radioactive Waste Disposal Compact, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Rollcall Votes...................................................     3
Committee Oversight Findings.....................................     3
Committee on Government Reform and Oversight.....................     4
New Budget Authority and Tax Expenditures........................     4
Committee Cost Estimate..........................................     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     7

                          Purpose and Summary

    H.R. 629 would grant the consent of Congress to the Texas 
Low-Level Radioactive Waste Disposal Compact. The Compact is 
comprised of the States of Texas, Maine, and Vermont, and was 
entered into in fulfillment of the States' responsibility under 
the Low-Level Radioactive Waste Policy Act (P.L. 96-573, as 
amended) to develop facilities for the disposal of low-level 
radioactive waste generated within their borders.

                  Background and Need for Legislation

    Low-level radioactive waste, as distinguished from spent 
nuclear reactor fuel or high- level radioactive waste, emits a 
low level of radiation which decays relatively rapidly. The 
vast majority of low-level waste (97 percent) does not require 
special shielding for the protection of workers or the 
surrounding community. In addition to the low-level waste 
generated by nuclear utilities, such as discarded protective 
clothing, low-level radioactive waste includes medical waste 
produced by hospitals and materials produced by universities in 
the course of research work.
    Congress' first effort to address the need for development 
of low-level waste facilities was the Low-Level Radioactive 
Waste Policy Act of 1980 (P.L. 96-573). The 1980 Act 
established the fundamental principles of Federal policy on 
nuclear waste disposal, the most important being that States 
are responsible for the disposal of low-level radioactive waste 
generated within their borders (other than certain Federal 
waste). The Federal government is responsible for the disposal 
of other radioactive waste, including high-level and 
transuranic waste. States are authorized to enter into compacts 
to provide for the establishment andoperation of disposal 
facilities, and as requested by many States and the National Governors 
Association, compacts can restrict disposal facility access to only 
those States comprising the membership of the compact.
    The desire to restrict access to disposal facilities was a 
driving force behind the adoption of the 1980 Act and the 
subsequent 1985 Low-Level Radioactive Waste Policy Amendments 
Act (P.L. 99-240). The States of Washington, Nevada, and South 
Carolina, which hosted the nation's only three low-level 
radioactive waste disposal facilities, expressed their 
unwillingness to continue accepting all of the country's low-
level radioactive waste. Under the 1980 Act, these States could 
stop accepting out-of-compact waste after January 1, 1986.
    By 1985, it was apparent that the 1986 cutoff date was 
impracticable, and the 1985 Act extended the cutoff date. 
Additionally, the 1985 Act established a series of penalty 
surcharges and denial of access for States failing to meet the 
legislation's milestones for progress toward the development of 
compact facilities. Finally, the 1985 Act granted the three 
States with existing disposal facilities the right to impose 
escalating surcharges on waste, and a cap on the volume of 
waste they would have to accept. The intent was to encourage 
States to more aggressively pursue the development of alternate 
disposal sites. Presently, nine interstate compacts have been 
granted Congressional consent, comprising a total of 41 States.
    The Texas Low-Level Radioactive Waste Disposal Compact has 
been approved by the State legislatures and Governors of Texas, 
Maine, and Vermont. As an additional condition of its own 
participation in the Compact, the State of Maine approved the 
Compact through a public referendum. The Compact specifies that 
the State of Texas will host the disposal facility. Like 
previously-approved compacts, the Texas Compact provides that 
no low-level radioactive waste may be exported from or imported 
to the regional facility except with approval of the governing 
commission of the Compact. This provision relies on the 
authority in Section 4 of the 1985 Act, which grants 
Congressionally-approved compacts the right to control access 
to their disposal facilities. While such consent is not 
necessary for the formation of interstate agreements, the 
absence of Congressional consent raises questions regarding the 
rights of compact members to exclude waste from non-member 
States. The consent granted by Congress continues only as long 
as a compact complies with the provisions of the Low-Level 
Radioactive Waste Policy Act.

                                Hearings

    The Subcommittee on Energy and Power held a legislative 
hearing on H.R. 629, the Texas Low-Level Radioactive Waste 
Disposal Compact Consent Act, on May 13, 1997. The Subcommittee 
received testimony from the following witnesses: The Honorable 
Joe Barton, Member of Congress; The Honorable Gene Green, 
Member of Congress; The Honorable Henry Bonilla, Member of 
Congress; The Honorable Silvestre Reyes, Member of Congress; 
Mr. Roy Coffee, Director, Office of State-Federal Relations, 
State of Texas; Dr. Charles Williams, School of Medicine, 
Department of Anesthesiology, University of Texas Tech-El Paso; 
Ms. Teresa L. Todd, Presidio City Attorney; Mr. Steve Ward, 
Public Advocate, State of Maine; and Mr. Bill Addington, Save 
Sierra Blanca.

                        Committee Consideration

    On May 13, 1997, the Subcommittee on Energy and Power met 
in open markup session and approved H.R. 629, the Texas Low-
Level Radioactive Waste Disposal Compact Consent Act, for Full 
Committee consideration, without amendment, by a voice vote. On 
June 25, 1997, the Full Committee met in open markup session 
and ordered the bill H.R. 629 reported to the House, without 
amendment, by a voice vote, a quorum being present.

                             RollCall Votes

    Clause 2(l)(2)(B) of rule XI of the Rules of the House 
requires the Committee to list the recorded votes on the motion 
to report legislation and amendments thereto. There were no 
recorded votes taken in connection with ordering H.R. 629 
reported. A motion by Mr. Bliley to order H.R. 629 reported to 
the House, without amendment, was agreed to by a voice vote, a 
quorum being present.

                      Committee Oversight Findings

    Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of 
the House of Representatives, the Committee held a legislative 
hearing and made findings that are reflected in this report.

              Committee on Government Reform and Oversight

    Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of 
the House of Representatives, no oversight findings have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight.

               New Budget Authority and Tax Expenditures

    In compliance with clause 2(l)(3)(B) of rule XI of the 
Rules of the House of Representatives, the Committee finds that 
H.R. 629, the Texas Low-Level Radioactive Waste Disposal 
Compact Consent Act, would result in no new or increased budget 
authority or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 403 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of 
the House of Representatives, the following is the cost 
estimate provided by the Congressional Budget Office pursuant 
to section 403 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 10, 1997.
Hon. Tom Bliley,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 629, the Texas 
Low-Level Radioactive Waste Disposal Compact Consent Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 629--Texas Low-Level Radioactive Waste Disposal Compact Consent 
        Act

    CBO estimates that enacting this bill would have no effect 
on the federal budget. Because the bill would not affect direct 
spending or receipts, pay-as-you-go procedures would not apply. 
H.R. 629 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act of 
1995, and would not impose any costs on state, local, or tribal 
governments.
    H.R. 629 would give Congressional consent to a compact 
among the states of Texas, Maine, and Vermont governing the 
disposal of low-level radioactive waste. The bill includes the 
text of the agreement among the three states that establishes 
rights and responsibilities for disposing of low-level 
radioactive waste in Texas. Congressional consent to such 
agreements among states is required by the Low-Level 
Radioactive Waste Disposal Act.
    The CBO staff contact for this estimate is Kim Cawley. This 
estimate was approved by Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                       federal mandates statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      advisory committee statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   constitutional authority statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  applicability to legislative branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             section-by-section analysis of the legislation

Section 1. Short title

    The section cites the Act as the ``Texas Low-Level 
Radioactive Waste Disposal Compact Consent Act.''

Section 2. Congressional finding

    This section provides that the purpose of the Texas Compact 
is to fulfill the member States' obligations under the Low-
Level Radioactive Waste Policy Act (42 U.S.C. 2021b et seq.), 
which permits States to enter into interstate compacts to 
provide for the management and disposal of low-level 
radioactive waste generated within the Compact's member States.

Section 3. Conditions of consent to compact

    The section establishes the following conditions of the 
Compact: (1) that the Compact shall become effective on the 
date of enactment of the Act; (2) that Congressional consent is 
granted under the authority provided by the Low-Level 
Radioactive Waste Policy Act; and (3)that Congressional consent 
is conditioned upon the Compact commission's compliance with all 
provisions of the Low-Level Radioactive Waste Policy Act. Should the 
Compact not comply with the requirements of the Federal statute, 
Congress has the authority to withdraw its consent of the Compact under 
the Low-Level Radioactive Waste Policy Act.

Section 4. Congressional Review

    This section ensures that Congress may alter, amend, or 
repeal the Texas Low-Level Radioactive Waste Compact Consent 
Act after a ten-year period following the date of enactment of 
the Act, and at such intervals thereafter as provided in the 
Compact. The Compact language provides for such review every 
five years, consistent with the provisions of the Low-Level 
Radioactive Waste Policy Act.

Section 5. Texas Low-Level Radioactive Waste Disposal Compact

    The section conveys the consent of Congress to the States 
of Texas, Maine and Vermont to enter into the Texas Low-Level 
Radioactive Waste Disposal Compact, and includes the text of 
the Compact agreement. The agreement, as approved by the State 
legislatures of Texas, Maine and Vermont, is summarized as 
follows:
    Article I. Policy and Purpose. This article states that the 
policy and purpose of the Compact is to encourage the 
cooperative efforts of the three States to manage and dispose 
of low-level radioactive waste.
    Article II. Definitions. The article provides definitions 
for terms used in the Compact agreement.
    Article III. The Commission. This article establishes the 
eight-member Compact commission. Each party State is entitled 
to one voting member, while the host State is entitled to six 
voting members. The commission is established as a separate 
entity from the party States, and is given defined duties and 
responsibilities. Among these is a limitation on the amount of 
waste that non-host party States may contribute: shipments from 
non-host States may not exceed 20 percent of the volume 
estimated to be disposed by the host State over the 50-year 
span of the Compact, and total shipments from non-host party 
States may not exceed 20,000 cubic feet per year.
    Article IV. Rights, Responsibilities, and Obligations of 
Party States. The article states that the host State shall have 
full control over the development, management, and operation of 
a facility for low-level waste disposal. The party States are 
required to dispose of their low-level radioactive waste at the 
Compact facility. The article establishes the duties of the 
host State, including compliance with applicable State and 
Federal statutes in operating the disposal facility, the 
establishment of disposal fees, and closure of the facility 
when necessary to protect public health and safety or to 
protect natural resources. It also establishes duties for the 
party States, including steps to reduce the overall volume of 
low-level waste, and the payment of community assistance 
projects in the host county in an amount equal to 10 percent of 
the amount required of each State for entry into the Compact.
    Article V. Party State Contributions. Article V requires 
each party State to contribute a total of $25 million to the 
host State's low-level waste fund for the purpose of assisting 
with the development, operation, and post-closure monitoring of 
the Compact facility.
    Article VI. Prohibited Acts and Penalties. This article 
requires the Compact States to dispose of their low-level 
wastes at the Compact facility, and requires that no person may 
dispose of any waste within the party States unless generated 
within the party States. It also provides for the imposition of 
penalties for violation of the article.
    Article VII. Eligibility, Entry Into Effect; Congressional 
Consent; Withdrawal; Exclusion. This article establishes Texas, 
Maine, and Vermont as the initial party States to the Compact, 
and establishes procedures by which additional States may be 
considered for Compact membership and by which party States, 
including the host State, may withdraw from the Compact. 
Further, it states that the Compact shall take effect following 
enactment by the party States and consent of the Congress, and 
allows Congressional review of the Compact every five years 
after its effective date.
    Article VIII. Construction and Severability. Article VIII 
ensures that non-host party States shall not be liable for harm 
or damage associated with the siting, operation, maintenance, 
or long-term care of the Compact facility. However, generators 
of low-level radioactive waste, transporters, owners, and 
operators of the Compact facility shall be liable for their 
actions under applicable law. The article also ensures the full 
regulatory authorities of the U.S. Nuclear Regulatory 
Commission and State authorities under the Atomic Energy Act 
(42 U.S.C. 2021), including the authority to levy fines and 
penalties for non-compliance, are preserved.

         Changes in Existing Law Made by the Bill, as Reported

    This legislation does not amend any existing Federal 
statute.