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Nuclear Waste

In Brief

The search for a nuclear waste repository has been focusing on Yucca Mountain, Nevada, for some time. Citing scientific evidence as to its safety, Bush has approved the site, to the relief of many states with accumulating nuclear waste deposits. As Senator, Kerry has cited incomplete scientific agreement in opposing the decision; as Presidential candidate, he vows the Yucca Mountain project would not proceed.

updated 9/9/04

In Detail

In 1982, Congress made deep burial the official U.S. disposal method for highly radioactive waste, and told the Department of Energy (DOE) to study three possible sites and to choose two. In 1987 this was reduced to one site - Yucca Mountain, Nevada. The Yucca Mountain site is to receive 77,000 tons of nuclear waste from 131 sites in 39 states, including defense waste and used reactor fuel building up at commercial power plants. The waste would be stored in underground canisters. Nevada, a state with no nuclear power plants, has strongly opposed the project.1

On the campaign trail in 2000, Bush visited Nevada and affirmed his belief that "sound science, and not politics, must prevail in the designation of any high-level nuclear waste repository." 2 Following the recommendation by the Secretary of Energy, and citing decades of scientific study, on February 15, 2002 Bush asked Congress to approve the Yucca Mountain site for the nuclear waste repository. 3 Just a few months earlier, the Government Accountability Office (GAO) believed it would be premature to make any near-term decision. 4

In reference to the pending debate of the bill in the House, the Bush administration claimed, "The development of a nuclear waste repository is critical for a number of important national interests including energy security, homeland security, and protection of the environment." 5

Following passage in the House, on July 9, 2002 the Senate considered Senate Joint Resolution 87. 6 After a vote of 60-39 to proceed, with Kerry voting "no", and Edwards voting "yes", a voice vote 7 passed the resolution into law, despite the claim by some Senators that the decision was unsubstantiated by science. Emphasizing its ability to protect the environment and the population, Bush later ratified the bill. 8

Kerry has been a strong opponent of the designation of Yucca Mountain as the country's nuclear waste storage facility. 9 While also concerned about what to do with nuclear waste, Kerry voted against a bill in 1997 that favored disposal in Nevada. 10 That bill passed 65-34. During a Senate discussion on July 09, 2002, he said,
"I can assure you there is much concern within my State over what the government plans to do with nuclear waste and a sense of urgency to get something done. I cannot in good [conscience] however vote to make Yucca Mountain the destination for all of our nuclear waste when a number of studies urge caution and further study to make sure that we are not making a mistake,..." 11

Sen. John Ensign (R-Nev.) challenged Kerry's consistency on this issue by claiming that Kerry supported the "Screw Nevada" bill of 1987. The Senate passed that bill with a vote of 61-28, with 5 Democrats and 23 Republicans voting against it. 12 The bill was one part of the Omnibus Budget Reconciliation Act of 1987, 13 which designated the Nevada site as the sole site to be studied by the DOE, and stipulated that should studies indicate it to be unsuitable, they would look elsewhere. 14 Sen. Harry Reid, D-Nev. has complete faith in Kerry's record of support for Nevada. 12

In his campaign for president, Kerry declared categorically that he would not move ahead with the project.15 One particular alternative he has presented is an international consortium to dispose of the waste.16 Edwards, while previously supporting the Yucca project in 2000, 17 changed his position after the announcement of his candidacy for Vice-President, and is committed to supporting Kerry's position. 18

On February 10, 2000 both Kerry and Edwards voted against Senate Bill 1287, which passed 64-34. Following a Presidential veto, there was a vote to override the veto, in which Kerry remained opposed but Edwards was in favor. The veto was sustained 19,20

Project planners say the Yucca Mountain storage site can be safely isolated for 10,000 years, which is the timeframe set by the EPA. In July 2004 a U.S. Court of Appeals ruling found that the Bush administration "unabashedly" rejected a recommendation by the National Academy of Sciences to ensure safety from leaks at the site for up to 300,000 years. 21

Nevada is the only state to get specific mention in the Democratic platform, which states, "We will protect Nevada and its communities from the high-level nuclear waste dump at Yucca Mountain which has not been proven to be safe by sound science." 22

The Republican Party's platform, while not specifically mentioning a Nevada nuclear waste repository, desires "an environmentally sound nuclear waste repository." 23

But it is not only Nevada that is concerned about nuclear waste. Many states are concerned about how to store their waste, and also about attempts to change legislation that is perceived to create risks to communities and the environment near nuclear waste sites. 24

References:
  1. Department of Energy
  2. "Bush weighs in on Yucca", 5/10/2000, Las Vegas Review-Journal
  3. The White House
  4. Government Accountability Office
  5. Office of Management and Budget
  6. Yucca Mountain bill (S.J.RES.34)
    Approves the site at Yucca Mountain, Nevada, for the development of a repository for the disposal of high-level radioactive waste and spent nuclear fuel, pursuant to the Nuclear Waste Policy Act of 1982, with respect to which a notice of disapproval was submitted by the Governor of the State of Nevada on April 8, 2002.
    thomas.loc.gov
  7. A voice vote is one in which the Presiding Officer announces the result according to his or her judgement; names and numbers are not recorded.
  8. The White House
  9. "Presidential race tightens in Nevada", 7/30/2004, Elko Daily Free Press
  10. S. 104
    Vote to pass a bill requiring the development of an integrated management system for the storage, permanent disposal, and transportation of nuclear waste. Among other provisions, the bill would require that the president determine, by March of 1999, whether Yucca Mountain in Nevada would be an acceptable permanent repository for nuclear waste. If Yucca Mountain is approved, then an interim storage facility would be constructed within the Nevada Test Site area. If Yucca Mountain is not approved as a permanent repository site, then the president would have 18 months to designate an interim nuclear waste storage facility (the bill exempts three particular sites from consideration as interim sites under this provision). If another interim site is not selected and approved by law within two years of the disapproval of Yucca Mountain, then the interim storage facility would be constructed within the Nevada Test Site area.
    Bill passed 65-34. Vote-Smart.org
  11. Approval of Yucca Mountain Repository - Motion to Proceed
    Congressional Record from the 107th Congress, Senate, July 9, 2002, Page S6467. thomas.loc.gov
  12. "Democratic Party united in opposition to Yucca", 7/28/2004, Las Vegas Sun
  13. U.S. Court of Appeals for the 9th Circuit
  14. H.R.3545
    Title: A bill to provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for the fiscal year 1988.
    Title V: Energy and Environment Programs - Subtitle A: Nuclear Waste Amendments - Nuclear Waste Policy Amendments Act of 1987 - Part A: Redirection of the Nuclear Waste Program - Amends the Nuclear Waste Policy Act of 1982 to direct the Secretary of Energy (the Secretary) to provide for an orderly phase-out of site-specific activities at all candidate sites other than the Yucca Mountain site (Nevada); and (2) terminate all site specific activities other than reclamation activities at all other candidate sites. Declares the State of Nevada eligible to enter into a benefits agreement with the Secretary. Prescribes the termination procedure for the Secretary to follow if he should determine that the Yucca Mountain site is unsuitable for repository development. States that for purposes of the Environmental Policy Act and related environmental concerns the Secretary and the Nuclear Regulatory Commission need not consider alternate sites to the Yucca Mountain repository or nongeologic alternatives to such site.
    Prohibits the Secretary from conducting site-specific activities regarding a second repository unless the Congress has specifically authorized and appropriated funds for such activities. Requires the Secretary to: (1) report to the President and the Congress by January 1, 2010, on the need for a second repository; and (2) phase-out all funding for research programs regarding crystalline rock suitability as a potential repository host medium within a specified deadline. Prescribes additional criteria for the Secretary's mandatory consideration if potential crystalline rock sites are considered in the future.
    U.S. Senate
  15. www.johnkerry.com
  16. The Washington Times
  17. S.1287, Nuclear Waste Policy Amendments Act of 2000
  18. "Yucca Mountain may tip scale in close Nevada vote", 7/7/2004, Las Vegas Review-Journal
  19. U.S. Senate
  20. "Senate Fails to Override Nuclear Waste Act Veto", 5/3/2000, About.com
  21. "Nevada Loses Yucca Waste Site Appeal", 7,9,2004, KVVU-TV
  22. www.democrats.org (pdf)
  23. Las Vegas Sun
  24. "Debate Intensifies on Nuclear Waste", 6/2/2004, Washington Post
Additional References:
  1. Wikipedia
  2. U.S. Nuclear Waste Technical Review Board
  3. Office of Civilian Radioactive Waste Management (DOE)