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Location of the Waste Control Specialists in Andrews Tx for Radioactive Waste Blog post

At Waste Control Specialists radioactive waste disposal pit in Andrews, Tex., space inside goes for $10,000 a cubic foot in some cases. As aging nuclear reactors retire, their most radioactive steel, concrete and other components must be shipped somewhere for burial. Photo by Michael Stravato, The New York Times

Texas is under radioactive waste assault. There is already an existing “low-level” radioactive waste dump owned by Waste Control Specialists (WCS) in Andrews County. Weapons waste from Fernald, Ohio is already buried in one of the three pits there. The facility is now taking nuclear reactor waste from around the country and is accepting Department of Energy waste, including nuclear weapons waste. And there is an adjacent hazardous waste pit, which can accept some 2000 chemicals, many of the toxic or corrosive. WCS expects to make some $15 billion off the site, although Texans bear the risks of contamination and financial liability.

All of this is at a site for which Texas Commission on Environmental Quality (TCEQ) staff originally recommended denial of the license due to concerns about water contamination. There are 2 water bodies are present at the site, the the most significant of which is the southern tip of the massive Ogallala Aquifer.  Although some maps have been drawn to show that the aquifer doesn’t extend as far as the WCS disposal site, water has been present in up to 40% of the monitoring wells on the site, indicating that a hydrological connection could exists.  The site is supposed to be dry for safety reasons, but that hasn’t stopped the TCEQ from granting permits or WCS from burying radioactive waste there.

Now two new threats have emerged, including storage of very hot transuranic waste – which includes plutonium, neptunium, and americium from the failed national repository known as the Waste Isolation Pilot Project (WIPP) site.

Carlsbad Nuclear Waste Isolation Pilot Plant

Carlsbad, NM Nuclear Waste Isolation Pilot Plant

Texas is getting the transuranic waste unexpectedly. The Waste Isolation Pilot Project (WIPP) site in Carlsbad, New Mexico, is a disposal site for transuranic waste that is buried half a mile underground. The site had a fire on February 5th and a major radiation leak 9 days later. At least 21 workers were exposed to radiation. The New Mexico facility has been closed since the accident and the WCS radioactive waste dump in Andrews County, Texas is now taking this same highly radioactive waste and storing it above ground in steel sided buildings, raising concerns about what would happen if there were tornadoes, floods or wildfires.

In addition, now Governor Perry is actively campaigning to bring spent nuclear fuel to Texas for storage. This the hottest, most dangerous of radioactive waste, the kind that was to be sent to the failed Yucca Mountain site in Nevada.

It is so dangerous that  shielding is required to protect humans from a lethal dose as a result of exposure to spent nuclear fuel. Even 10 years after this waste is removed from a spent fuel pool, the radiation field at one meter away is 20,000 rem/hour. It only takes a quarter of that amount to incapacitate a person immediately and cause the person’s death within one week.

The spent fuel is currently cooled and then kept in dry casks at the sites where it was generated. Storing the waste at the power plant sites raises the risks for people living in those areas, but transporting the waste to a central location increases risks for those living along transportation routes and those near the disposal site. There is simply no safe way to deal with the amount of radioactive waste we are producing in the long term.

The Texas House Environmental Regulation Committee will soon address an interim charge on how to bring this high-level waste to Texas and how much economic benefit there could be. Discussion of the risks isn’t on the agenda. It seems that the committee may be blinded by potential profit for their campaign donors.

Stay tuned and learn more at www.NukeFreeTexas.org (more…)

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Los Alamos National Laboratory has stored transuranic waste, debris, soil, tools and clothing contaminated primarily with plutonium that has been generated by its activities above ground for years. In 2011, the largest forest fire in the history of New Mexico came within 3.5 miles of this waste causing the state of New Mexico to ask Los Alamos to ship 3,706 cubic meters of above-ground waste from the lab to the Waste Isolation Pilot Plant (WIPP) located 26 miles southeast of Carlsbad, N.M by June 30 of this year.

A month ago we reported on a fire at the 15 year old WIPP site in our blog about a Texas interim charge tostudy the rules, laws, and regulations pertaining to the disposal of high-level radioactive waste in Texas and determine the potential economic impact of permitting a facility in Texas. Make specific recommendations on the state and federal actions necessary to permit a high-level radioactive waste disposal or interim storage facility in Texas“.  We followed up two weeks later with a report about radiation alarms going off at the same site. 

WIPP has been closed indefinitely while they investigate the fire and the radiation leaks.  In the meantime, we have learned that New Mexico plans to ship the last 20 percent of the Los Alamos National Laboratory nuclear waste to the commercial Waste Control Specialists (WCS) site in Andrews, Texas starting April 1st.

What we want to know is:

  • Who authorized the importation of waste that had been slated to go to WIPP?
  • What routes are being used and are the federal requirements for designating routes for this type of waste being met?
  • Have any increases in financial assurance been required as a result of accepting TRU waste from Los Alamos?
  • Is WCS seeking to import TRU waste through license amendments?
  • Wildfires are the reason given for why the waste must be moved, but the same year Los Alamos experience wildfires close by, the WCS site also had wildfires nearby. While WCS may have “a fire truck” onsite, there is only a volunteer fire department in Andrews and Texas is about to enter its wildfire season.
  • The Transuranic (TRU) waste is highly radioactive weapons waste that is supposed to be buried a half mile underground at the WIPP site. Is there any evidence that it is safe to store the TRU waste above-ground, even temporarily?

If waste outside of the compact’s license can be re-routed to WCS without so much as a “by your leave” how are Texans to be reassured that all possible care is being taken on behalf of our welfare and well-being?  And are we going to become the nation’s high level radioactive waste repository by dribs and drabs rather than by thorough review of the suitability of a site?

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Waste Control Specialists LLC (WCS) is seeking several amendments to its Radioactive Material License # R04100 from the Texas Commission on Environmental Quality (TCEQ).  Five of the amendments request design changes to the Compact Waste Disposal Facility (CWF) and the Federal Waste Facility (FWF) for commercial and federal low-level radiactive waste disposal. The other two amendment applications set forth new Waste Acceptance Criteria that includes rates and contract considerations and new pavement design considerations.

Just as important, TCEQ is considering revising language and definition for waste of international origin, acceptance criteria, reporting of inventory and liability coverage as well as the issued TCEQ waste water permit.

TCEQ is accepting public comments and requests for a public meeting.  These can be submitted by mail to:

the Office of the Chief Clerk
MC 105
TCEQ
P. O. Box 13087

or electronically at www.tceq.state.tx.us/about/comments.html by December 17th.

If you need more information about the license application or the licensing process, please call the TCEQ Office of Public Assistance at 1-800-687-4040.

We will post the link to the amendment applications as soon as we are able to find them.  TCEQ recently migrated its database and the links no longer work.  Makes finding materials to base written comments on a bit more complicated.

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Critiques of nuclear generation have generally revolved around safety risks and high construction fees, but relatively little attention has been paid to what happens when a nuclear plant powers down for good.

Costs Can Reach Over $1 Billion

Nuclear plants must be decommissioned at the end of their useful life, and operating licenses are generally for 40-60 years. The costly, labor-intensive process involves two major actions: nuclear waste disposal and decontamination to reduce residual radioactivity.

There are currently 104 commercial nuclear power plants operating in the US, most of which were built in the 1970s and are slated for decommissioning during the next three decades.

At least one nuclear plant now running will be shut for good in the next several years, namely Exelon Corp’s Oyster Creek plant in 2019. Before then, we could see Entergy Corp’s Vermont Yankee plant shutter as early as next year, should the state’s veto of a license already granted by the NRC hold up in court.  And New York State politicians continue to wield whatever pressure they can to keep Indian Point from winning a license extension in ongoing proceedings.

South Texas Nuclear Project (STP) in Matagorda County licenses expire in 2027 and 2028, they recently applied for a license renewal which would extend the life of the plants 20 years, and they would expire in 2047 and 2048 respectively.  The license renewal application is being contested and you can click here to find out how you can listen in to the 1st Atomic Safety and Licensing Board (ASLB) hearing on this license renewal application.  However, even if the license renewal is approved, there is a possibility that at some point before the license expiration dates, the costs of repairs could exceeded the value of the plant, and dismantling it could offer a better financial option.

As of April 2011, there were 23 nuclear units in various stages of decommissioning. Only ten out of the 23 have been completely cleaned up.

Decommissioning costs typically run at $500 million per reactor unit. But actual costs vary based on size and design, and some have reached over $1 billion — that is between 10 percent and 25 percent of the estimated cost of constructing a nuclear reactor today.

About 30 percent of the cost of decommissioning goes towards waste disposal.

A decommissioned plant creates several different streams of waste

  • Spent nuclear fuel rods are kept in dry storage or in spent fuel ponds at the reactor sites. An average nuclear plant generates 20 metric tons (44,092 lbs) of used nuclear fuel annually, or 1,200 metric tons over a plant’s 60-year lifespan. Every 3 to 5 years, one-third of the fuel assembly rods in the reactor are removed and stored in storage pools for about 10 to 20 years. During this period, the fuel loses much of its radioactivity and heat.  After that period, the fuel can be stored in large sealed metal casks that can be cooled by air. Typically a 1000 MWe reactor will discharge about 2 metric tons of high level waste each refueling. A PWR will discharge 40 to 70 fuel rods; a BWR will discharge 120 to 200 fuel rods.
  • Anything contaminated with lower levels of radiation — pipes, tools, workers’ clothing, reactor housings, really, pretty much everything but the spent fuel rods — are sent to special low-level nuclear waste facilities around the country. The remaining non-radiated waste can be disposed of in regular landfills.

Three pathways to decommissioning

The Nuclear Regulatory Commission offers utilities three options for decommissioning plants.

  • The first option is immediate cleanup after the plant shuts down.
  • In the second option, called SAFSTOR, the plant is closed and awaits cleanup at a later time, offering plants extra time to increase their decommissioning funds.While there is a requirement for operators to set aside funds for decommissioning, some plants have had to shut down before they had sufficient decommissioning funds and once they shut down, the revenue stream dries up.  This means they must wait until their funds accrue sufficient interest to begin decommissioning.The NRC gives utilities up to 60 years to complete decommissioning.This waiting period adds flexibility for plant owners with multiple reactors that shut down at different times. Once all the reactors cease operation they will be decommissioned together to save money and resources.

Of the 13 reactors currently being decommissioned, six chose immediate decontamination and seven remain in SAFSTOR conditions.

  • No U.S. plant has ever chosen the third decommissioning option, called ENTOMB.Workers would begin by moving the fuel rods into dry storage casks removing 99.9 percent of the plant’s radiation, but which currently must be stored on site.  Next, they use solvents and filters to clean up other contaminated surfaces.The other radioactive material onsite is sent to low-level waste facilities, and the plant is left to sit for decades.With ENTOMB there is no requirement to build extra containment buildings because the NRC postulates that most of the radiation will already be gone, though plant operators would continue to monitor the site for security.After 80 to 100 years, the plant would be safe enough to enter while wearing street clothes, and workers could dismantle the plant with just “a plasma torch and dust mask”.Still utilities don’t like the ENTOMB option because they don’t want to deal with the long-term liability.

Radioactivity for Volume

Low-level radiation waste comes in three varieties: Class A, B and C. Class A waste contains the lowest levels of radiation.

There are three low-level nuclear waste facilities in the United States — in Clive, Utah; Barnwell, South Carolina and Hanford, Washington. Clive only accepts Class A waste; the other two sites accept Class B and C waste but only from select northwestern and eastern states.

The new low-level waste facility under construction in Andrews County, Texas will accept Class A, B and C waste, and originally limited its intake to nuclear waste from Texas and Vermont, but the Texas legislature just opened the site up to take waste from outside the original compact, meaning it could take waste from anywhere in the United States.  However, a study by the Texas Commission on Environmental Quality indicates the site only has the capacity to take the low-level radioactive waste from the six Texas and Vermont reactors.

When Barnwell and Hanford started restricting their operations, nuclear plants adjusted their practices. Operators began changing filters more often to selectively create Class A waste that could be sent to Clive.  As a result, Class B and C now make up less than 15 percent of low-level nuclear waste.

So after nearly 60 years, with 104 nuclear reactors approaching the end of their useful life, it remains unclear how this country is going to deal with the decommissioning waste.  How foolish would a nuclear renaissance be in the face of this unsurmounted problem?  The industry continues to insist, over-optimistically, that we will find a long-term solution, yet ,pessimistically, doesn’t think we can find a replacement renewable energy source in the same time frame.  The industry dost protest too much, methinks.

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Residents living near the WCS low-level radioactive waste dump in Andrews County in West Texas near the New Mexico border will soon be asked to complete a health survey commissioned by state environmental and health officials and conducted by the University of North Texas to assess about 24,000 people who live within a 35-mile radius of Waste Control Specialists LLC’s site.

The survey, which was part of legislation passed in 2003, will provide a baseline assessment before material is buried for the first time at the site later this year. Letters encouraging residents to participate will go out in the next few days and the results will not be made public.

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WCS and the Frying Pan Ranch wildfire

As fires rage throughout Texas, we should remember that besides brush, farm land and homes, wildfires are a danger to many industrial sites.  According to today’s Texas Forest Service incident management situation report, a wildfire designated the Frying Pan Ranch fire in Andrews Co. has been contained, but not before scorching 80,907 acres.

While a remote and sparsely populated area, this corner of Texas is home to the controversial Waste Control Specialists’ (WCS) low-level radioactive waste disposal site.  Currently, two bills are moving through the Texas legislature (HB 2184 and SB 1504) which could open this site up to waste from the rest of the U.S. without significantly reducing the liability to Texans should there be a transportation accident or should there be a leak at the site.  I haven’t even seen anything about what issues are at stake in the event of an incident of wildfire.

Environmentalists have been calling on the legislature to improve HB 2184 and SB 1504 by slowing things down until:

  • We have a capacity study completed
  • We have analyzed the risk of a major leak
  • We have analyzed the fiscal liability to the State of Texas for a major leak
  • We have examined the transportation routes and the readiness of first responders and our ability to handle the costs of a transportation accident
If you are concerned about this radioactive waste dump, contact your representative and tell them to make sure we don’t move forward without making sure that Texas taxpayers don’t end up holding a big bag of radioactive liability.
Click here if you don’t know who your representative in the Texas House is.

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HB 2184 was voted out of the Texas House State Affairs Committee earlier today.  HB 2184 is a piece of  legislation that impacts how much, from where and how safely radioactive waste will be transported and stored at a West Texas site, and who will pay for it if something goes wrong.

While this bill has been moving rapidly through the Texas legislature, today when being reconsidered in State Affairs, a number of members offered amendments, none of which were agreeable to the bill’s author, Representative Tryon Lewis (R-Odessa) and none of which were amended to the bill that passed out of the committee.  Nevertheless, the issues raised by the proposed amendments got the attention of several members of the committee. (more…)

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HB 2184 will probably be voted out of the Texas House State Affairs Committee later this afternoon and so far, legislation that impacts how much, from where and how safely radioactive waste will be stored at a West Texas site is moving forward in favor of the private operator, giving them the power to negotiate private deals to import waste, make a gigantic profit and do it without any oversight by Texas regulatory agencies or the Texas Low-level Radioactive Waste Disposal Compact Commission.

According to an article in Mother Jones:

The compact allows him (Simmons) to get paid for burying other states’ nuclear trash while outsourcing much of the risk to Texas taxpayers. Though the state will receive a cut of disposal fees and $36 million to cover “corrective action” and “post-closure” expenses, it will have to bear any other cleanup costs on its own. According to a report by the Texas Sunset Advisory Commission: “Potential future contamination [from the waste] could not only have a severe impact to the environment and human health, but to the State, which bears the ultimate financial responsibility for compact waste disposal facility site.

Click here to read the recent Mother Jones article on the history and issues with this site.

In light of the massive cleanup that faces Japan from the radiation that is flooding the area around the Fukushima Dai-ichi nuclear plant in the wake of its ongoing recovery efforts – seemingly contributed to by Japan’s failure to adequately regulate and reign in the runaway plant operator, is it in Texas’ best interest to just let this company have their way with us?

This bill will go next to the floor of the House and if it continues to move, as we expect it will given the money and influence behind it, on to a Senate committee.  If we are to have any chance of making this bill more protective of the health, well-being and pocketbooks of regular Texans, regular Texans are going to have to let their lawmakers know they are concerned.

House State Affairs

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 UPDATE:

Judge Sam Sparks of the US District Court for the Western District of Texas just dismissed the case to enjoin the Compact Commission meeting tomorrow, saying while he was concerned about the issue of citizen’s ability to participate fully, he did not have jurisdiction to enjoin the meeting, and threw the whole case out allowing the vote on the rule to go forward tomorrow.

So, the Compact Commission is still planning to meet in Andrews, Texas at 9 am tomorrow (Tuesday) morning at 9 AM, at the James Roberts Center located at 855 Hwy 176 East, Andrews, TX 79714 . . .  Please join us if you can!

UPDATE:

The Compact Commission is still planning to meet in Andrews, Texas at 9 am tomorrow (Tuesday) morning at 9 AM, at the James Roberts Center located at 855 Hwy 176 East, Andrews, TX 79714 . . .  Please join us if you can!

 

Legal Maneuvers Still Underway
The Commission could vote on the Import rule at this meeting. Passage would allow import of radioactive waste from all the states, and through a loophole, potentially the whole world. It would be disposed of through shallow burial at the Waste Control Specialists (WCS) site in Andrews County, Texas. The TCEQ does set license limits for the site, but the import rule sought by WCS and most members of the Compact Commission is a backhanded way to force license expansion.
Legal efforts by Public Citizen resulted in a Temporary Restraining Order for tomorrow’s meeting.  Now the AG is jumping in, although they should have nothing whatsoever to say about this, since they have made clear that they can’t represent the Commission, only individual members.
There is now a 3 pm hearing (today) with US District Judge Sam Sparks at the Federal Courthouse, 200 W. 8th Street in Austin.
Proceedings here could impact the Andrews meeting scheduled for tomorrow in Andrews, but we’re counting on the meeting still happening and heading out west after the hearing.

 UPDATE:

A hearing on the temporary restraining order (TRO) against the Texas Low-level Radioactive Waste Disposal Compact Commission’s (TLLRWDCC) hearing on their proposed rule to open Texas up to taking waste from states outside the current compact states of Texas and Vermont is scheduled for 3pm in Federal Court, Judge Sam Sparks presiding. The motion was filed by GNI Strategies.

No hearing has been set on the motion to dissolve TRO in state court.

ORIGINAL POST:

 

 
 
 

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By promoting cleaner energy, cleaner government, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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UPDATED: Thanks to everyone who commented!  We’ll have a blog wrapup/ news release ASAP.

VIDEO FROM OUR PRESS CONFERENCE !

http://vimeo.com/18128056

And check our flikr photostream here on the blog for non moving pictures from this morning, if that’s more your thing.

We now return you to your regularly scheduled snark, already in progress. 

ORIGINAL POST:

Supervillain Harold Simmons sitting on a pile of radioactive waste

Bond Supervillain and sometimes Grinch Harold Simmons, picture from D magazine

This morning when I woke up my precious 2 year old son, he asked if I could sing him “You’re a Mean One, Mr. Grinch“, and while I was singing and described the Grinch’s moldy, garlicky, spider-infested brain, heart, and soul, I couldn’t stop thinking of Dallas Billionaire Harold Simmons and the unelected bureacrats who decided the holidays were the perfect time to try to permit nuclear waste coming to Texas.  And while I wouldn’t normally touch them with a 39 1/2 foot pole, touch we must.

Whatever your plans for the holidays — putting up decorations, sending cards to friends and family, buying gifts and a much-needed vacation– I’m sure they did not include telling an obscure state commission you don’t want Texas to become the nation’s radioactive waste dump.  But more than any figgy pudding, that is what we must bring, and bring it right here!

Wait… you’re saying you weren’t planning to closely read and comment on a proposed rule that would put a big ole “for sale” sign on our state for anyone with unwanted radioactive waste?

Well that’s exactly what Michael Ford, the governor’s appointed (i.e. unelected) chairman of the Texas Low-Level Radioactive Waste Disposal Compact Commission (i.e. radioactive waste czar), is counting on.

At a meeting announced just hours after the November polls had closed and election winners and losers had been announced, the TLLRWDCC (I know, it’s a mouthful even abbreviated) voted 5-2 to repost a rule that would allow out-of-state radioactive waste generators – primarily nuclear power plants on the coasts and in the midwest – to send  their waste here.

Worse still, the TLLRWDCC managed to post the rule the day after Thanksgiving, ensuring that media and public attention would be minimal. The posting started a 30 day comment period during which the public can let the TLLRWDCC know how they feel about it. So let’s run the numbers and… oh, fabulous, comments are due the day after Christmas! Happy holidays, indeed!

Ford brought up this bad idea last summer, but polls showed a majority of Texans didn’t like the proposal.  Bill White made it an election issue, accusing Governor Perry of making the state a radioactive waste dump to benefit his donor.  So Perry’s Waste Czar pulled the proposal, waiting until day after the election to announce that the process would move forward once more.

But announcing a meeting the day after the election with just 10-days notice for people to travel to Midland (where the capitol press would be unlikely to follow), and then posting the rule itself such that the comment period would meet the literal definition of “the holidays” was only the beginning for Mr. Ford.

A commissioner named Bob Gregory who, like Ford, was appointed by Governor Perry asked that the comment period on this rule be extended to 90 days since a 30 day comment period would transpire during the holidays when most people are too busy to pay much attention to matters of civic engagement. Mr. Ford and 4 other members of the TLLRWDCC voted against Mr. Gregory’s very reasonable solution for this very obvious problem.

The bottom line is that Mr. Ford and several of the commissioners are afraid of public scrutiny. Last spring they received over 2,000 comments from Texans opposed to the rule. That was before the issue made the front pages of newspapers all across the state, so they have good reason to be afraid.

During the holidays many Americans take time to be with family, to exercise their generosity, and to reflect on all they have to be grateful for. Mr. Ford and 4 of the other commissioners have decided to cynically use this to keep the public out of the process on this enormously important matter.

And while you’re getting dumped on, someone will get a really nice Christmas gift this year.

This smacks of a political payback. Harold Simmons, whose company owns this dump, has spread his cash far and wide, giving Governor Perry over $1 million since 2000 (making him the governor’s 2nd largest individual donor) and funding campaigns for every member of the Texas Supreme Court among others. While Simmons gets to make billions off this waste, Texans will get the responsibility for managing it for 10,000 years and cleaning it up — Mr. Simmons’ license expires in just 15 years.

But there is hope. Send your comments to the Compact Commissioners telling them the only good radioactive waste importation rule is one that bans any waste from coming to this state unless there is a national emergency. Tell them lawmakers in Texas bargained for only Vermont and Texas waste, and that’s what the people of Texas expect. And tell them that Christmas isn’t a weapon to be wielded against the public.

The Grinch about to go down a chimney

The Grinch is likely to file a defamation suit against me for comparing him to Harold Simmons.

Please go to www.TexasNuclearSafety.org where you can learn more about this issue and submit comments to the commission, and I hope you’ll give ’em what-for because they certainly deserve it.

Keep Texas from becoming what they want it to: an appalling dump heap overflowing with the most disgraceful assortment of rubbish imaginable, mangled up in tangled up knots. So, Mr. Ford, Mr. Simmons– between the three of you, I think I’d take the seasick crocodile. And the three words that best describe you are as follows, and I quote: Stink. Stank! STUNK!

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The Texas Low Level Radioactive Waste Disposal Compact Commission TLLRWDCC will meet in Midland, Texas a week from Saturday (November 13th) to reconsider adopting a rule that was withdrawn in July that would allow for export of low-level radioactive waste for management and disposal from facilities outside of the Texas Compact, this will be followed by a host of generator petitions to ship low-level radioactive waste to Texas facilities.  For those that have been following our blogs on this, that means to the Waste Control Specialists (WCS) facility in Andrews County out in West Texas.  The Compact Commission will receive public comment, discuss and take formal action, as appropriate, on items on the agenda below until it adjourns.

November 13, 2010 at 10:00 a.m.

University of Texas of the Permian Basin
Center for Energy and Economic Diversification
1400 Farm-To-Market Road 1788 N
Midland, Texas.

To see the proposed rule, click here.
To see the proposed additions to the draft rule from Compact Commision chair, Mike Ford, click here.

TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT COMMISSION AGENDA (more…)

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Rick Perry’s latest campaign cash report shows Harold Simmons has just given Perry another $250,000 at the same time that he’s seeking permission to expand his Andrews County radioactive waste dump so 36 other states can dump their “low-level” radioactive waste right here in Texas.  This brings Simmons’ contributions to Perry up to almost $900,000.

WCS and a political money trailSimmons’ company (WCS or Waste Control Specialists) is currently waiting for a decision from the Texas Low Level Radioactive Waste Disposal Compact Commission (TLLRWDCC, even their acronym is a mouthful) as to whether or not they can bring in radioactive waste from 36 states and dump it. The Commission, comprised of 8 members, 6 of whom are Perry appointees and 2 of whom are appointed by Vermont (the other state in the compact), was set to rule earlier this year but now has delayed its ruling until after the election.

If this isn’t influence pedaling, it sure has the appearance of “paying to get your way”.

For more information about the WCS dump and to see the request for investigation that the Sierra Club and Public Citizen filed with the NRC and EPA, go to www.nukefreetexas.org.

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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No Radioactive WasteNRC and EPA called upon to examine radioactive waste site and licensing process, risks of groundwater contamination and potential risks to the Ogallala Aquifer, which lies beneath eight states

AUSTIN – Environmental groups today asked the U.S. Nuclear Regulatory Commission (NRC) and the U.S. Environmental Protection Agency (EPA) to investigate the radioactive waste storage and disposal programs administered by the Texas Commission on Environmental Quality (TCEQ) for the West Texas radioactive waste site owned by Waste Control Specialists (WCS).  The groups say the TCEQ has failed to protect public health, safety and the environment by repeatedly and brazenly abusing its legal authority and disregarding warnings of its technical staff about the site’s hazards. Further, citizens have not had adequate opportunities to participate in the licensing processes.

The groups are calling on the NRC to consider terminating or suspending the TCEQ’s authority to regulate the storage and disposal of low-level radioactive waste and radioactive byproducts in Texas. The groups also are asking the EPA to review the potential impact on the water supply and take action if necessary.

Read the full release, the request to NRC and EPA,and supporting documents online at www.TexasNuclearSafety.org. The request was filed by Public Citizen and the Lone Star Chapter of the Sierra Club, along with State Representative Lon Burnam (Texas House District 90), and individuals from Andrews, Texas and Eunice, New Mexico, who live near the WCS facility in Andrews County. The matter is urgent because WCS has been pushing the Texas Low Level Radioactive Waste Disposal Compact Commission to let it import radioactive waste from at least 36 other states.

Some of the hottest radioactive waste that exists, including nuclear reactor containment vessels and poison curtains that absorb reactor radiation, could be buried in the proposed radioactive waste dump. There is not a single radionuclide that can’t go to the so-called ‘low-level’ site, and many of them remain hazardous for literally millions of years.

Radioactive waste dumps around the country have leaked. Cleaning up contaminated groundwater is difficult and expensive. Texas taxpayers could be on the hook for clean up costs if the site and groundwater become contaminated or if there are transportation accidents.

Go to www.TexasNuclearSafety.org to learn more.

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Background: What the controversy is all about
On May 25, 2010, the US Environmental Protection Agency (EPA) barred the Texas Commission on Environmental Quality (TCEQ) from issuing a permit to a refinery in Corpus Christi. EPA said that the process used to justify that permit violated the Clean Air Act.  EPA’s Region 6 Administrator, Al Armendariz, also stated that the EPA would block future permits and force polluters to comply with EPA standards if the TCEQ did not change its rules. On June 14th, EPA announced it was taking over the process for two additional air-quality permits

At issue are two types of air permits used in Texas – one known as a “flex permit” and one known as a “plant-wide applicability limit.” In both cases, instead of issuing permits that limit pollution from each individual point-source (e.g. a smokestack), TCEQ limits pollution for entire facilities, allowing operators to emit more pollution from one stack if another stack was emitting less. Studies indicate that there would be greater emission reductions if limits were done on a stack-by-stack basis.

These permits make enforcement extremely difficult at vast petrochemical and refining facilities. They also fail to protect people from emission clouds that can occur as a result of letting one stack emit more than would be allowed under the Clean Air Act.

Suppressed reports add fuel to the fire
The flex permit controversy had been brewing for some time as EPA and TCEQ battled behind closed doors, secretly playing a game of chicken with air pollution regulations. Meanwhile, another controversy was broiling beneath the surface in Fort Worth.  Elected officials from the area felt they were getting the run-around from TCEQ when they asked whether natural gas drilling and processing on the Barnett Shale was putting residents’ health at risk.

On June 1st, TCEQ admitted they had failed to divulge (i.e. suppressed) reports showing elevated benzene levels in the area.  In a statement, Mark Vickery said TCEQ “missed an opportunity” to “bolster their confidence in the quality of the air.” In reality, TCEQ knowingly presented inaccurate air-quality information to leaders and decision makers for months. Soon after, TCEQ admitted that 3 additional air-quality reports had not been made public. (more…)

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Join us next Thursday, December 10th to help stop Texas from becoming the nation’s radioactive waste dump!

Please Come:

Texas Compact Commission Stakeholder Meeting
Thursday, December 10th at 9am
Texas Capitol, Extension Auditorium, E1.004

You are invited to attend the press conference as well, held by the SEED Coalition, Public Citizen, and Sierra Club, on stopping Texas from becoming the nation’s radioactive waste dump, the inadequacies of the west Texas dump site and the corruption surrounding the permitting process.

Thursday, Dec. 10th at 12:30 pm – Texas Capitol, Speaker’s Committee Room, 2W.6.

* Show your presence and that the public interest matters.

* Tell the Compact Commission not to allow import of radioactive waste into Texas from the rest of the country!

All of the State TCEQ scientists who worked on the permit for the West Texas dump site, owned by Waste Control Specialists (WCS), determined the site to be inadequate because of the possible radioactive contamination of our aquifers and groundwater. Corruption and politics led to the permitting of the site anyways, ignoring the entire TCEQ technical team’s recommendation against issuing the permit. 3 TCEQ employees quit over the decision.

Now the Compact Commission is putting rules in place, to let nuclear power waste from across the country into Texas, making this site the nation’s radioactive waste dumping ground. The Texas Compact Commission, appointed by Governor Perry, and responsible for managing so-called “low-level” radioactive waste generated within its boundaries, is developing rules for importation of radioactive waste from outside the compact (TX and Vermont), AGAINST the original intent of the law, which was for only the 3 states of the compact to be able to dump there.

The Commission is taking comments from stakeholders on the development of the import rule. We want to let them know that the generators of nuclear waste and the dump company that is profiting from taking the waste are not the only stakeholders in this process. Please come help make the voices of the public, Texas taxpayers, and water drinkers heard LOUD and CLEAR.

Learn more at:

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By promoting cleaner energy, cleaner government, cleaner cars, and cleaner air for all Texans, we hope to provide for a healthy place to live and prosper. We are Public Citizen Texas.

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