WASHINGTON, DC – The Subcommittee on Environment and the Economy, chaired by Rep. John Shimkus (R-IL), today held a hearing examining issues related to the implementation of the Low-Level Radioactive Waste Policy Act and the disposal of low-level radioactive waste.

In 1980, Congress passed the Low-Level Radioactive Waste Policy Act, which established a national policy for the disposal of Low-Level Radioactive Waste (LLRW). The Act tasked states with the responsibility of managing and disposing of low-level waste generated within state borders and established a system by which states would form regional compacts to dispose of the waste. After 35 years, ten compacts are in place today, six of which lack access to an active disposal site and eight states and the District of Columbia are currently not affiliated with any compact. Members also examined the federal government’s disposal strategy of LLRW and received an update from the Department of Energy and Nuclear Regulatory Commission’s plans to dispose of, and regulate, Greater Than Class C (GTCC) waste – the most hazardous LLRW.

In the first panel, Chairman Shimkus highlighted the fact that, “DOE carefully and constructively engaged with the State of Nevada to provide for a mixed low-level waste disposal site at the Nevada National Security Site, adjacent to Yucca Mountain. We should consider how these conversations between the federal government and Nevada can continue to advance the development of a deep, geologic repository for used fuel.”

In his testimony, Mark Whitney, Principal Deputy Assistant Secretary for Environmental Management at the Department of Energy, stated, “The Department benefits from the existence of multiple disposal sites, both federal and commercial. … Our goal is to keep all waste disposal costs as low as possible. … The Department is eager to work with members of Congress on the path forward for Greater-Than-Class C low-level radioactive waste.”

Michael F. Weber, Deputy Executive Director for Materials, Waste, Research, State, Tribal, and Compliance Programs at the U.S. Nuclear Regulatory Commission, recognized the NRC’s role relating to low-level radioactive waste. He stated, “The agency has worked with our state partners to ensure protection of the public health and safety in the commercial generation, storage, transportation, and disposal of LLW. Commercial LLW is generated by thousands of industrial, academic, medical, and government licensees across the United States.”

In her testimony, Jennifer Opila, Director of the Organization of Agreement States, said, “Agreement States play a vital role in the regulation of low level radioactive waste disposal in the United States. All four active low-level waste sites operate in the Agreement States of Texas, Utah, South Carolina and Washington. It is these states, not the NRC, who have decades of experience in regulating low-level waste disposal.”

Leigh Ing, Executive Director of the Texas Low-Level Radioactive Waste Disposal Compact Commission, discussed their efforts to accommodate low-level waste, “We have been engaged in a continuing process to revise our rules for imports and tweaking our daily operational processes to improve our efficiency and effectiveness… the Andrews Facility is well situated to play a role in addressing low-level radioactive waste disposal needs of our partner states and generators.”

Chairman Shimkus concluded, “Today’s hearing took a close look at the experience of siting low-level waste repositories and how the federal government engages state and local communities in the decision making process. It is important for Congress to provide oversight of low-level waste policy to make sure states have uninterrupted access to a disposal site. As for GTCC waste, Congress has not yet received any GTCC recommendation and DOE walked away from the most practical disposal pathway for GTCC waste when it quit work on the Yucca Mountain project.”

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