Figure 1. Midwest Compact States
Audeen W. Fentiman
P. Andrew Karam
Ronald B. Meyers
Six states are working together to provide for the disposal of regionally generated low-level radioactive waste. To accomplish this, the six states, Indiana, Iowa, Minnesota, Missouri, Ohio, and Wisconsin, formed the Midwest Interstate Low-Level Radioactive Waste Compact. (See Figure 1.) The Midwest Compact Agreement is the formal document that explains how the member states will work together. It is a contract among the member states. It requires legislative enactment as a state statute in each member state, and the consent of the U.S. Congress.
Figure 1. Midwest Compact States
In the mid-1980s, the legislatures in each member state (including Michigan which was then a member of the Compact) enacted the Midwest Compact Agreement. The U.S. Congress consented to the Midwest Compact Agreement in 1985. Based, in part, on the amount of low-level radioactive waste generated, Michigan was named as the first host state and Ohio was selected as the first alternate in 1987. After Michigan failed to meet its obligations, its membership in the Compact was revoked in 1991. Ohio then became the designated host state for the regional disposal facility. As host state, Ohio asked that the Midwest Compact more clearly define some parts of the Agreement including who has financial responsibility for any problems that might develop at the disposal facility, the role of the host state, and future obligations of other states. In 1993, the Midwest Compact Commission modified the Midwest Compact Agreement. The Ohio General Assembly enacted the amended Midwest Compact Agreement as part of Substitute Senate Bill 19 in June 1995. Substitute Senate Bill 19 required that all other member states enact the amended Midwest Compact Agreement and the U.S. Congress consent to it before Ohio selects a site. This fact sheet highlights some key points of the amended Midwest Compact Agreement.
The Midwest Compact Commission has the authority to develop and implement a regional low-level radioactive waste disposal plan. However, as host state, Ohio has veto authority over many Compact Commission decisions that determine or alter Ohio's rights, powers, or obligations as host state under the Midwest Compact Agreement. Additionally, two state agencies have specific responsibilities. The newly-formed Ohio Low-Level Radioactive Waste Facility Development Authority is in charge of siting, construction, operation, closure, institutional control, and long-term care of the disposal facility. The Ohio Department of Health is expected to be responsible for licensing and regulating the disposal facility. For more informationon this subject, see RER-71, "What Is an NRC Agreement State?"
Funds are required for the development of the low-level radioactive waste disposal facility, operation of that facility, and long-term care after the facility is closed. In addition, a remedial action fund is to be established. All costs are ultimately borne by the generators of the low-level waste sent to the disposal facility. Figure 2 illustrates how the various activities related to low-level waste disposal will be funded.
Figure 2. Funding Provisions
Before the disposal facility begins operating, the Midwest Compact Commission will provide the host state with funds needed to develop and build the facility. The Commission has established a system to collect fees from low-level waste generators in the region. It is from these fees that the Compact Commission will provide funds to the host state to pay reasonable facility development expenses for the Ohio Low-Level Radioactive Waste Facility Development Authority.
While the disposal facility is operating, the host state will collect fees directly from the low-level waste generators who use the facility. The fees will be used to pay all costs of operating the facility and to finance the Long-Term Care Fund. That fund will be used to pay for monitoring, security, maintenance, and repair of the facility after it is permanently closed. In addition to the base fee, a surcharge will be collected to provide funds to the Midwest Compact Commission for its annual budget and for the Commission's Remedial Action Fund. The Remedial Action Fund will be used to pay for reasonable remedial actions taken at a disposal facility following an event that threatens human health and safety or the environment.
If the Midwest Compact should dissolve, all monies held by the Compact Commission will first be used for any ongoing or anticipated remedial action. All remaining monies shall be distributed among member states that have either operating or closed Compact disposal facilities. These funds shall be added to the Long-Term Care Fund in those member states.
Ohio, as host state, must develop and make operational a Compact disposal facility in a timely fashion and in compliance with applicable regulations, laws, and rules. The facility shall not begin operation until the Midwest Compact Commission has designated the host state for the next Compact disposal facility. Once the disposal facility becomes operational, waste shall be accepted for a period of 20 years, or until the maximum capacity is reached, whichever comes first. For Ohio, the maximum capacity of 2.25 million cubic feet was established in Substitute Senate Bill 19. Ohio and the Midwest Compact Commission may enter into an agreement to extend the operation time or increase the capacity of the facility. Because the capacity of the facility in Ohio is set by state statute, Ohio's General Assembly would have to amend the state statute before the capacity could be increased.
Waste may be accepted for disposal at a Compact facility only if the generator has a signed agreement on file with the Midwest Compact Commission. The agreement says that the generator will reimburse the states for any damages to persons, property, or the environment that result from the development, construction, operation, regulation, closing, or long-term care of the Compact facility. Additionally, no waste shall be disposed of in the facility unless all disposal fees for that waste are paid in full at or prior to delivery of the waste to the facility.
The disposal facility will not accept Greater Than Class C low-level radioactive waste (see RER-10, "What Is Low-Level Radioactive Waste," for definition of classes of low-level waste) or waste from Department of Energy facilities. Normally, only wastes generated in Midwest Compact member states will be accepted. Wastes from non-member states could be accepted if, under very specific circumstances, the United States Nuclear Regulatory Commission granted emergency access to the facility for a limited time.
After the host state has fulfilled its twenty-year commitment or capacity has been reached, whichever comes first, the disposal facility can be closed. The institutional care period begins at closure. The disposal facility will be monitored and maintained with the goal of protecting air, land, water resources, and public health and safety.
If the next compact disposal facility is not ready to begin operating, Ohio may choose to continue to operate the facility until a Compact facility in the next host state is ready. This may be done without the consent of the Midwest Compact Commission or any other member state. Access will be denied to the member state that was designated to host the next facility. Any other member state that has not discharged its obligations may also be denied access. The member state designated to host the next Compact disposal facility shall pay Ohio an amount determined by the Midwest Compact Commission to ensure that Ohio does not suffer any financial loss.
The Midwest Compact Agreement has a series of milestones that the next host state is required to meet. Each must be met within a certain number of years after Ohio opens its low-level radioactive waste disposal facility. The milestones are:
If the next host state fails to take any of these actions within the specified time, no wastes generated in that state will be accepted at the operating Compact facility, nor will their wastes be accepted at any non-Compact facility made available to the region. Financial penalties may be imposed against the member state, and its membership in the Compact may be revoked. This would require a two-thirds vote of the Midwest Compact Commission and the affirmative vote of the then current host state. If the next host state fails to meet either the 14- or 20-year milestones, the current host state can refuse to take waste from any Midwest Compact state that has not yet hosted a disposal facility.
If you want to read more about the Midwest Compact Agreement, some of the documents listed below may be helpful.
Midwest Compact Agreement, in Ohio Revised Code, Section 3747.01
Public Law 99-240, "Low-Level Radioactive Waste Policy Amendments Act," 1985.
Other fact sheets in this series:
RER-10, "What is Low-Level Radioactive Waste?"
RER-61, "Low-Level Radioactive Waste Compacts."
RER-62, "History of the Midwest Interstate Low-Level Radioactive Waste Compact."
RER-63, "Low-Level Radioactive Waste Disposal: Ohio's Role."
Dr. Audeen W. Fentiman is an Associate Professor in Nuclear Engineering at The Ohio State University. P. Andrew Karam is a Certified Health Physicist and a Graduate Research Associate in Geology. Ronald B. Meyers is a Graduate Research Associate, Ohio State University Extension.
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