Candidate Notes on 99-NGA22

99-NGA22 on Oct 21, 1999

On behalf of the nation’s Governors we write in opposition to provisions contained in the Nuclear Waste Policy Amendments Act of 1999. Specifically, we object to Section 103, which removes authority from the EPA to set radiation protection standards at the proposed high-level nuclear waste storage facility. Section 103 is in direct conflict with NGA’s Policy NR-8,Environmental Compliance at Federal Facilities, which was unanimously reaffirmed at the Governors’ annual meeting in August. NGA policy NR-8 is based on the premise that

The problems of environmental cleanup and compliance at federal facilities are deep-rooted. Contamination and environmental degradation are the result of years of mismanagement and neglect. They reflect noncompliance with federal policies, unclear or inadequate laws and regulations, institutional attitudes that devalue environmental concerns, and the reluctance of federal agencies to work with federal and state regulators.

NGA policy NR-8 recommends that

Congress should amend applicable federal laws to ensure that all wastes, including radioactive wastes and munitions, are within the purview of state and EPA authorities. Efforts should be made to coordinate all federal requirements. In addition, Congress should require that all quasi-federal sovereign businesses and corporations meet the same environmental compliance standards as other federal agencies.

Section 103 removes EPA authority to set radiation standards at the proposed high-level nuclear waste storage facility and is contrary to the NGA policy recommendation that both EPA and states should have authority over radioactive wastes. It is a disturbing precedent that could lead to further dilution of state and EPA authority to set environmental standards at federal facilities and coordinate eventual clean-up activities in all 50 states.