Audeen W. Fentiman
Tamara L. Leyerle
Ronald J. Veley
The Midwest Interstate Low-Level Radioactive Waste Compact is a group of Midwestern states, including Ohio, which have legally agreed to share in the responsibility for low-level radioactive waste disposal. The states acted in response to the Low-Level Radioactive Waste Policy Act of 1980 and its amendment, the Low-Level Radioactive Waste Policy Amendments Act of 1985. These federal laws established, as national policy, that states are responsible for the disposal of their own low-level waste and encouraged the formation of regional compacts to share that responsibility. The legislatures in all of the seven states that were originally members of the Midwest Compact (Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, Wisconsin) approved the Midwest Compact Agreement. The Midwest Compact is codified in Chapter 3747 of the Ohio Revised Code.
A Regional Management Plan was developed for the Midwest Compact. It addressed such topics as analysis of disposal technologies, projection of waste volumes and characteristics, and host state selection methods. The Midwest Compact Commission, which consists of one representative from each state in the Compact, agreed that host state selection criteria should include projected waste volumes and radioactivity as well as transportation considerations. Michigan was projected to generate the most low-level radioactive waste of all the states in the Midwest Compact over the next 20 years and was chosen in 1987 to host the first low-level radioactive waste disposal facility. At the same time Ohio, which was projected to generate the second most waste, was chosen as the first alternate host state.
Michigan was later deemed by the Midwest Compact Commission to have failed to fulfill its obligations as host state, and its membership in the Midwest Compact was revoked on July 23, 1991. Because Ohio had previously been designated as the first alternate host state, Ohio automatically became the host state for the Compact's first low-level radioactive waste disposal facility.
This fact sheet discusses Ohio's responsibilities as a host state and its activities to date.
As host state, Ohio is responsible for siting a disposal facility within its borders. The state is also responsible for the timely development and operation of the disposal facility. A license for the disposal facility must be obtained in accordance with federal and state laws, and Ohio must ensure long-term care of the facility. Details of the siting process and state rules governing the development, operation, and care of the disposal facility will be contained in enabling legislation which the Ohio Legislature is expected to consider in 1993.
Ohio would accept low-level radioactive waste from the states in the Midwest Compact for a period of twenty years or until the facility's capacity is reached, whichever comes first. After that time, another state from the Midwest Compact will become the host state. Waste from outside the Midwest Compact cannot be accepted unless Ohio, as host state, and a majority of the Midwest Compact states vote to accept this waste.
Since becoming the host state, Ohio has taken several steps to prepare itself to serve as the host state and to more clearly define its role. These steps include establishing two groups to advise the Governor and the General Assembly and requesting that the other states in the Midwest Compact agree to amend some provisions of the Compact to address Ohio's concerns. The two groups (Blue Ribbon Commission and Advisory Committee on Low-Level Radioactive Waste) and the proposed Compact amendments are discussed in more detail in the following sections.
On October 30, 1992, Ohio Governor George Voinovich, at the request of the legislative leadership, appointed a Blue Ribbon Commission to provide information and advice on siting criteria for a low-level radioactive waste disposal facility. The Blue Ribbon Commission was composed of experts in geology, hydrology, health physics, biology, health, and engineering, as well as an interested citizen and a representative of a low-level radioactive waste generator.
The Commission held a number of meetings at which it heard from experts on various aspects of low-level radioactive waste disposal. It then sought input from the public through twelve hearings held at locations throughout Ohio. The public hearings were announced through the news media, as well as by notices to county commissioners, mayors, local health departments, environmental groups, and other interested parties. The Commission was expected to present recommendations based on those public hearings and meetings to Governor Voinovich and the General Assembly in mid-1993.
The Low-Level Radioactive Waste Advisory Committee was established by legislation in 1984. The Advisory Committee consists of Ohio's representative on the Midwest Compact Commission and Ohio's Directors of Health, Environmental Protection, and Natural Resources. Two more members are appointed by the President of the Ohio Senate, and two by the Speaker of the Ohio House of Representatives. Additionally, the Governor appoints a representative from users of radioactive material and an Ohio environmental organization.
The Advisory Committee's role is to advise the Governor and the General Assembly on issues related to facility development. These issues include disposal technology, design criteria, criteria for selecting a developer/operator, compensation and benefits to the host community, licensing, facility operations, closure, and long-term care. Members of the Advisory Committee participated in the statewide public hearings held by the Blue Ribbon Commission. Like the Commission, the Advisory Committee was expected to present its recommendations to the Governor and General Assembly in mid-1993.
Ohio has been negotiating with the Midwest Compact Commission on amendments to ensure that:
A document containing the requested amendments was released in mid-1993 for public review and comment. Following consideration of the comments received, the proposed Compact amendments will be sent to each state. The Ohio General Assembly will act upon the amendments. Following Ohio's action, the legislatures of other states in the Midwest Compact must enact legislation to approve the amendments. After all the member states agree to the amendments, the U.S. Congress must give final consent.
Host state responsibilities for the Midwest Compact are spelled out in the Midwest Compact Agreement, which was printed as part of the Low-Level Radioactive Waste Policy Amendments Act of 1985. Additional information, such as the report of the Blue Ribbon Commission, the proposed amendments to the Midwest Compact Agreement, and the enabling legislation should become available during 1993. For information on these documents contact the Ohio Department of Health or the Ohio Environmental Protection Agency.
Dr. Audeen W. Fentiman is an Assistant Professor in Nuclear Engineering at The Ohio State University. Tamara L. Leyerle is a Graduate Research Associate in the Ohio State University College of Law. Ronald J. Veley is a Graduate Research Associate, Ohio State University Extension.
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Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture, Keith L. Smith, Director, Ohio State University Extension.
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