LEGISLATIVE WATCH

NY STARTS OVERDUE RULEMAKING ON NUCLEAR SITE CLEANUP REGULATIONS

The NYS Dept. of Environmental Conservation has started a state-level rulemaking for cleanup of nuclear sites,
6 NYCRR Part 384, that corresponds to the NRC's federal license termination rule 10 CFR Part 20(E) [aka "LTR"].
See the February 11, 2008 DEC announcement and F.A.C.T.S.' Part 384 scoping comments.

This NYS rulemaking should have been completed eight years ago (by 8/20/2000) according to the NRC's Agreement
State rules. NYS reportedly gave this rulemaking a low priority, despite its significance to NYS nuclear site cleanups.
Only under the threat of losing its Agreement State status (and program) is NYS now pursuing this tardy rulemaking.
See November 2005 NRC letter and 2006 NRC report.

The State Department of Health, which in 2006 assumed responsibility for industrial radioactive
material licensing from the Labor Department, will be conducting its own separate rulemaking.
The NYC Health Department completed its corresponding rulemaking in January 2007.

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WEST VALLEY REMEDIATION ACT:

NYS Proposal To Grant Feds Complete Control Of West Valley Decisionmaking
Opposed By Broad Coalition Of Public Interest Groups

* Details *

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* October 9, 2004 *

By Unanimous Voice Vote Senate Agrees To Defense Bill, HR 4200,
With High-Level Radioactive Waste Declassification Provision

House passes conference bill 359-14

Natural Resources Defense Council Press Release

APPALLINGLY IRRESPONSIBLE MEASURE SHEPHERDED BY SEN. LINDSEY GRAHAM OF SOUTH CAROLINA

A provision backed by Utah Congressmen to prevent spent nuclear fuel rods (HLW) being stored at the Skull Valley Reservation failed.

June 3, U.S. Senate Rejects Cantwell Amendment to S.2400, Approves Reckless High Level Radioactive Waste Declassification :
The vote on Senator Cantwell's amendment to fund HLW cleanup

Both Senators Kerry and Edwards missed this vote on June 3, typical since the campaign began even on high profile measures, thereby allowing Maine's Olympia Snowe to be the deciding vote against the amendment. S.2400, the FY 2005 defense spending bill, was passed by the Senate on June 23 by a vote of 97 - 0. It was appended to the House defense spending bill, HR 4200, as an amendment, and sent to conference on June 24.

Current Status and Bill Summary for HR 4200
Senate approval reported by the Tri-City Herald
President Carter Decries Declassification
Senate Committee Approves Reckless Plan for Savannah River
NY Senator Schumer Vows to Stop Reckless Measure

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Congress Reclassifies High-level K-65 Uranium Tailings As Low-level Radioactive Waste

AT THE REQUEST OF THE BUSH ENERGY DEPARTMENT, OHIO, NEW YORK AND UTAH CONGRESSMEN SLIPPED A PROVISION INTO BOTH THE FILIBUSTERED 2003 ENERGY BILL (HR6) AND THE ENERGY AND WATER APPROPRIATIONS BILL (HR2754) THAT WILL CLEARLY DESIGNATE HIGH-LEVEL NUCLEAR WASTE -- THE K-65 RESIDUES AT FERNALD, OH AND NIAGARA FALLS, NY -- AS LOW-LEVEL COMMERCIAL WASTE. THIS WILL OPEN THE WAY FOR UNSOUND MANAGEMENT OF THESE EXTREMELY HAZARDOUS AND LONG-LIVED RADIOACTIVE WASTES.

IN 1994 DOE ISSUED A DECISION CALLING FOR THE VITRIFICATION OF THE FERNALD K-65 WASTES. IN 1995 THE NATIONAL ACADEMY OF SCIENCES ISSUED A REPORT IDENTIFYING THE NFSS K-65 WASTES AS NO DIFFERENT IN HAZARD THAN HIGH-LEVEL WASTE AND CALLING FOR ITS EXHUMATION. EPA AND NYS DEC ARE ON RECORD CALLING FOR THE APPLICATION OF 40 CFR PART 191, THE HIGH-LEVEL WASTE REGULATIONS, IN THE MANAGEMENT OF THESE MATERIALS.

THE ENERGY BILL (HR 6) WAS TEMPORARILY DEFEATED.

BUT, HR 2754 , CONTAINING THIS PROVISION, WAS PASSED ON NOVEMBER 18, 2003 AND WAS SIGNED INTO LAW BY MR. BUSH.

Click HERE for background and the latest developments.

How your representative voted on HR 2754, the Energy and Water Appropriation