HIGHLIGHTS OF FISCAL YEAR 2007 (July 1, 2006-June 30, 2007) ACTIVITIES
The State of California provided the following report:
“The Radiologic Health Branch has 2019 active radioactive materials licenses. During the year to date it has issued 90 new licenses and terminated 84.
“There have been no inquiries regarding, or interest expressed in, development of a low-level radioactive waste disposal facility in California at this time.”
US Ecology, Inc. provided the following report:
“US Ecology is not presently undertaking efforts to develop a regional disposal facility for the Southwestern Compact region. The Company is awaiting information on the State of California’s specific plans to carry out its continuing obligation under state and federal law to develop a regional low-level radioactive waste disposal facility.”
The Southwestern Low-Level Radioactive Waste Commission (membership list attached) held its 48th and annual meeting on October 6, 2006 at Sacramento, California. The State of California licensing agency representative reported that new legislation would require generators to report specified information to the Department of Health Services, and that the Radiologic Health Branch was in the process of implementing the new law. He noted that no activity had occurred regarding development of a disposal facility, and that no commercial form was seeking a disposal facility license. The Commission amended its Bylaws to require that notice of meeting be posted on the Internet in compliance with current law. It extended the documents entitled “Policy of the Southwestern Low-Level Radioactive Waste Commission Regarding Exportation of Various Low-Level Radioactive Waste Streams” and “Requirements of the Southwestern Low-Level Radioactive Waste Commission for Exportation Petitions for Low-Level Radioactive Waste Disposal,” to allow waste exportation through calendar year 2007. The Commission voted to continue exportation fees for calendar year 2007 at $1.35 per cubic foot, with a minimum fee of $55.00, and $0.10 per cubic foot for volumes in excess of 40,000 cubic feet. The Commission amended its document entitled “Southwestern Low-Level Radioactive Waste Commission Resolution Relating to the Contingency Exportation of Waste from the Region” to allow waste exportation through calendar year 2008 in the event that obtaining a two-thirds vote of the Commission was not possible due to Commission member vacancies not being filled. In other actions the Commission approved the draft Annual Report, amended its Fiscal Year 2007 budget to $196,520 and adopted a Fiscal Year 2008 budget of $200,620.
The Commission reelected California Commissioner Kathy Davis as Chair and Arizona Commissioner Aubrey Godwin as Vice-Chair.
The Commission’s 49th meeting was held on March 20, 2007 at San Diego, California, in conjunction with a meeting of the LLW Forum, Inc., hosted by the Commission. The California licensing agency representative noted that no inquiries had been received from any entity in the private sector regarding development of a low-level radioactive waste disposal facility. A representative of the generators asked whether, in the absence of a site being developed by a commercial entity, the California Resources Agency would undertake development as specified in the law. The question would be researched and reported upon at the annual meeting. The Commission discussed the need for generators to prepare for the forthcoming inaccessibility of the Barnwell, South Carolina disposal facility. In other actions the Commission amended the contract with Counsel to provide for compensation for time worked and made corresponding adjustments to the Fiscal Year 2007 budget.
At the October 2006 meeting, Commission Chair Kathy A. Davis said that she had sent a letter to California Governor Arnold Schwarzenegger, reminding him of the impending crisis facing generators when the Barnwell, South Carolina disposal facility would no longer be available, and urging California to participate in national discussions to seek solutions to the low-level radioactive waste disposal dilemma, specifically investigation the possibility that the federal government might accept low-level waste that would have no other disposal options.. She had written the U.S. Nuclear Regulatory Commission regarding the need for generators to have complete information about storage when the Barnwell facility is no longer available. At the March 2007 meeting, Chair Davis noted that none of the several letters she had sent to California Governor Arnold Schwarzenegger had received a response.
At the October 2006 meeting Mr. Womeldorf reported that, for the year 2006 to date, 176 petitions for exportation to Envirocare of Utah and 30 petitions for exportation to the Barnwell, South Carolina facility had been approved. With the help of the volunteer Administrative Assistant, a workshop on mixed waste and radiologically-contaminated biological waste management and disposal was to be presented at Concord, California and Ontario, California. With Commissioner Donna Earley and Counsel Kowalewski, he had attended a meeting of the U.S Nuclear Regulatory Commission’s Advisory Committee on Nuclear Waste and a meeting sponsored by the Southeast Compact Commission to discuss what would need to be done in order for the federal government to accept commercial waste for which no disposal would be available after the Barnwell closure. He had also completed a questionnaire on low-level waste disposal at the request of the U.S. Government Accountability Office. At the March 2007 meeting, Mr. Womeldorf reported that the California Governor’s Appointment Office had told him that no new California Alternate Commissioners would be appointed, and that only one Alternate Commissioner would be needed for the State. He noted that he had responded to requests pursuant to the Public Records Act, and had attended an EnergySolutions generators’ conference.
D. COMMISSION MEMBERSHIP STATUS
Arizona, North Dakota, and South Dakota are each authorized one Commission member and one alternate. During the fiscal year, the three states' members and alternates positions were completely filled.
California, as the host state, is authorized four Commission members and four alternates.
Having four California members is important because it permits the host state members to comprise at least 51 percent of the membership on the Commission, as authorized by the Southwestern Low-Level Radioactive Waste Disposal Compact Consent Act. At the close of the fiscal year California had four Commissioners. Three alternate positions were vacant.
PROJECTIONS OF THE REGIONAL DISPOSAL FACILITY’S ANTICIPATED FUTURE CAPACITY
The projections of the facility's anticipated future capacity is unknown as is the status of the regional waste facility. Current California law prohibits the proposed Ward Valley radioactive waste disposal site from serving as California's facility for purposes of the Southwestern Low-Level Radioactive Waste Disposal Compact and prohibits disposing of low-level radioactive waste using shallow land burial. New requirements for a low-level disposal facility have yet to be developed by the California Department of Health Services.
BUDGET: FY 2008 (July 1, 2007-June 30, 2008)
The Commission approved a budget for FY 2008 as follows:
| Personnel services | $95,940 |
| Operating expense | 46,980 |
| Meetings expense | 5,600 |
| Travel | 32,000 |
| Workshop expense | 16,000 |
| Total | $196,520 |
The Commission anticipated receipts for FY 2008 in the amount of $209,530 to be derived from exportation fees, workshop registrations, and bank interest.
DONATIONS, GRANTS, AND OTHER RESOURCES ACCEPTED
No donations, grants, or other resources were accepted during FY 2007.
RECOMMENDATIONS: ALTERNATIVE TECHNOLOGIES
California, as host state, is responsible for selecting the low-level radioactive waste disposal technology. As noted earlier, current California law prohibits the disposal of low-level radioactive waste in shallow land burial, i.e., disposal of low-level radioactive waste in or within the upper 30 meters of the earth's surface. The law specifies the use of multiple, engineered barriers to provide for the retention of the radioactive waste within the engineered barriers to last not less than 500 years, using best available technology. No further recommendations were made for alternative technologies.