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Jay Inslee: Washington's 1st Congressional District

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Inslee, Smith, and Other WA Members Introduce
The Safe Disposal of Low-Level Radioactive Waste Act

19 June 2003

U.S. Reps. Jay Inslee, Adam Smith, and other members of the Washington delegation introduced legislation today to require the Department of Energy (DOE) to bury low-level radioactive waste in safely lined facilities, rather than bury it in un-lined, open soil landfills, which is currently the practice at Hanford and other nuclear repositories across the nation. Today’s legislation, the “Safe Disposal of Low-Level Radioactive Waste Act,” H.R. 2508, requires the use of safely lined facilities by the end of 2003.

“Our legislation is a common-sense measure that can be implemented now with existing facilities,” said Inslee. “Decisions about managing radioactive wastes at Hanford affect all Washingtonians and contribute to the legacy we leave our children and future generations. While I find DOE’s initial review encouraging, I have grave concerns about stated plans to import more radioactive wastes into Hanford, especially if it is buried in open soil landfills. There is no reason we should be dumping radioactive wastes in unlined landfills, particularly at Hanford, where history has demonstrated that these wastes often end up in the Columbia River. Lined landfills are not rocket science. We require them for the burial of household wastes; we should require them for radioactive wastes as soon as possible. Washingtonians need safe waste disposal now.”

“This is a critical safety issue for Washington state and other states dealing with waste. While DOE has recommended trench linings for low-level waste, they’ve elected to defer their installation in facilities across the country. Our legislation would require them to act on their own recommendations now for the safety of our communities,” said Smith. “This is a simple step that they themselves have endorsed – the technology is readily available and it’s critically important that they simply follow their own counsel.”

The Department of Energy recently released a draft of an Environmental Impact Statement that recommends using lined facilities for low-level wastes, but inexplicitly proposes to wait years before taking this common-sense measure. During these interim years, the Department of Energy also plans to significantly increase the amount of wastes imported from out of state, which makes the immediate use of lined facilities all the more critical.

Text of the legislation is below:

108TH CONGRESS

1ST SESSION H.R. 2508

To prohibit the Department of Energy from disposing low-level radioactive waste in certain landfills.

IN THE HOUSE OF REPRESENTATIVES

Mr. INSLEE for himself, and Mr. SMITH of WASHINGTON introduced the following bill; which was referred to the Committee on _______________.

A BILL

To prohibit the Department of Energy from disposing low-level radioactive waste in certain landfills.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Safe Disposal of Low-Level Radioactive Waste Act’’.

SEC. 2. PROHIBITION.

  1. AMENDMENT.—Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following new section:

    2. SEC. 3024. DISPOSAL OF LOW-LEVEL RADIOACTIVE WASTE.

    1. PROHIBITION.—
      1. IN GENERAL.—Except as provided in paragraph (2), after December 31, 2003, the Department of Energy shall not dispose of any low-level radioactive waste in a landfill that does not meet all requirements and standards applicable to landfills containing hazardous waste under Federal law, or under a State regulatory program authorized by section 3006, with respect to landfill lining, leachate collection systems, and groundwater and soil column monitoring systems.
      2. EXCEPTION.—Paragraph (1) shall not apply to disposal by the Department of Energy of sealed reactor compartments and reactor components from Naval nuclear-powered warships and prototypes as permitted under this Act or under a State program authorized by section 3006, where a performance assessment or analysis in an environmental impact statement demonstrates that the sealed nature of the metal compartment or reactor component will significantly outlast and exceed performance standards for a liner system.
    2. DEFINITION.—For purposes of this section, the term ‘low-level radioactive waste’ has the meaning given such term in section 2 of the Low-Level Radioactive Waste Policy Act (42 U.S.C. 2021b), but does not include mixed waste.
    3. APPLICABILITY.—For purposes of the application of section 6001 to the requirements of this section, low-level radioactive waste shall be considered solid 10 waste.

  2. TABLE OF CONTENTS AMENDMENT.—The table of contents for such subtitle C is amended by adding at the end the following new item:
    • Sec. 3024. Disposal radioactive waste.