MINUTES
SENATE COMMITTEE ON NATURAL RESOURCES
Tuesday, February 9, 1999
2:00 pm
Senate Chamber
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Pursuant to a notice posted in accordance with Senate Rule
11.11, a public hearing of the Senate Committee on Natural
Resources was held on Tuesday, February 9, 1999 in the Senate
Chamber at Austin, Texas.
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MEMBERS PRESENT: MEMBERS ABSENT:
Senator J.E. "Buster" Brown, Chair Senator Bill Ratliff
Senator Kenneth Armbrister
Senator Gonzalo Barrientos
Senator Teel Bivins
Senator Tom Haywood
Senator Eddie Lucio, Jr.
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The Chair called the meeting to order at 2:10 pm. There being
a quorum present, the following business was transacted.
Senator Lucio moved that the Minutes from the previous hearing
be adopted. There being no objection, it was so ordered.
The Chair noted that Lieutenant Governor Perry requested the
Committee to provide a recommendation to the Senate Finance
Committee as to whether the Texas Low-Level Radioactive Waste
Disposal Authority should continue and, if so, what their role
should be.
The Chair duly noted that only invited testimony on the issue
would be received by the Committee. The Chair reminded the
witnesses that comments were to be focused on issues of: need
for low-level radioactive waste disposal capacity in Texas;
the need for continuation of the Authority; and what the
Authority's role should be.
Witnesses testifying on the issue are shown on the attached
list and a brief summary of their testimony is as follows:
Leigh Ing, TNRCC:
TNRCC licenses disposal, while the Texas Department of Health
licenses storage. Currently,
60,000 cubic feet of low-level radioactive waste is being
stored statewide. The only low-level site (Chem-Nuclear) that
will accept waste from Texas is located in Barnwell, South
Carolina. The disposal fees from this company are helping to
fund South Carolina school systems.
Small quantities of low-level radioactive waste and NORM waste
can be sent to the Envirocare site in Utah. One concern is
that the Barnwel, S.C., site has closed down before, and it
could happen again.
Senator Armbrister questioned Ms. Ing about the issue of
illegal dumping.
Richard Ratliff, Texas Department of Health, Bureau of
Radiation Control:
The Bureau regulates low-level radioactive materials
processors. Radioactive sources that are stored in sealed
drums for future disposal could pose serious health
consequences if they are improperly handled.
"Having a low-level radioactive waste site for Texas'
radioactive waste is needed to assure the health and safety of
the general public and the environment," said Ratliff.
James Carroll, Doug Bell, Lee Matthews, & Susan Jablonski;
Low-Level Radioactive Waste Disposal Authority:
Denial of the Sierra Blanca license was detrimental to the
health and safety of all Texans.
James Carroll questioned, "Should we have one site that can be
managed and overseen, or over 900 sites that have it stored?"
There are three approaches to disposal: above-ground,
below-ground, and assured isolation.
Texas is ultimately responsible for the waste it generates.
The Authority thinks a public/private partnership is the right
answer. The Authority would obtain and retain the license,
and operations could be privatized. Authority's role would
include: evaluation and design of the site. Then, contract
with private entity for the building and operating, while the
Authority has oversight responsibilities.
DOE waste is a mixed component, both hazardous and
radioactive, and have a longer- lived radio nuclides than the
Compact waste. Time period for siting and licensing for
disposal is 6.5 years. For assured isolation, the time period
is four years.
Compact language says "management and disposal." "Manage"
includes broader spectrum and could include long-term storage
such as assured isolation.
Senator Bivins stated his concern regarding Texas' liability
if the state fails to perform under the Compact.
$53 million dollars has been spent to date for the siting and
licensing functions, with no permit to show for it.
Generators have paid a fee that has covered the costs to date.
Balance in the fund at the end of fiscal year 98 was $9
million. Interest stays in the fund, but not all the money in
the fund is appropriated to the Authority.
Ken Kramer, Sierra Club:
Legislature should avoid a major revamping of the LLRWDA this
session, instead use the sunset review and interim study
processes for making major recommendations for any changes to
the Authority and its scope of work.
There is no emergency need for disposal capacity, so no rush
decisions should be made. Waste minimization techniques could
be enhanced . This should be studied in greater detail.
State policies need to be implemented to encourage the growing
use of processing and compaction techniques to reduce the
volume of low-level radioactive waste generated.
Serious consideration should be given to assured isolation
storage at the state's two nuclear power plants. Kramer
called for the need to continue the Authority, but in a
revised form: greater degree of public scrutiny (open
records) and a higher level of assurance that Texas won't
become dumping ground for DOE waste. The state is ultimately
responsible for long-term monitoring and care.
Need to change the make-up of the Authority's governing board
- only public members instead of the restrictive categories
for members and they need to be representative of the
population of the state - culturally and geographically.
Authority should hold the license, which will provide a higher
level of assurance that a facility in Texas will not become
the ultimate dumping ground for much higher volume DOE wastes.
William Cottle, South Texas Project:
Low-level radioactive waste is generated every day in the
state. This is a Texas problem.
Storage is not a substitute for disposal. Most temporary
storage sites are not regulated or inspected.
Cottle stated that he believes the Compact is specifically
referring to disposal as opposed to storage. Modification of
Texas' current process is to privatize the responsibility of
obtaining a license and/or maintaining operations. Private
companies are motivated to protect their investments.
In-state disposal is less expensive than temporary storage or
out of state disposal.
Assurity bonds or other financial assurance could be provided
to state to cover the issue of longevity of a company.
Maurice "Bud" Norton of MD Anderson Cancer Center gave only
technical information to the Committee.
Bill Clayton, Envirocare:
Supports assured isolation. State should hold license and
contract operation and maintenance. With an open-bid process,
the state should be able to re-bid if the operator is not
performing well.
Limit Texas site to Compact waste. Eliminate the "box"
currently in statute. Shift the site characterization costs
to the private sector.
Mark Turnbough, Waste Control Specialists:
Currently receive and dispose some exempt-level radioactive
wastes. Currently accepting DOE waste. Private sector can
offer valuable services to Texas - they can move more quickly
and the costs will be less. The Compact refers to disposal,
not assured isolation.
WCS has no position on the continuing role of the Authority.
Compact doesn't mention the Authority, just the host state's
responsibilities.
There being no further business, at 4:30 pm Senator Armbrister
moved that the Committee stand recessed subject to the call of
the Chair.
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Senator J.E. "Buster" Brown, Chair Carol
McGarah
, Clerk