SB 854 - This act revises the Midwest Interstate Low-Level Radioactive Waste Compact language. The Midwest Compact is an interstate compact including the states of Ohio, Minnesota, Wisconsin, Iowa, Indiana, and Missouri, authorized under federal law to provide for regional management of low-level radioactive waste. Low-level radioactive waste (LLRW) is most commonly produced by commercial nuclear reactor facilities and research facilities and includes items such as gloves, garments, instruments and equipment used in such facilities.

A compact region selects a host state which will establish a disposal facility, and waste from non-compact states may be excluded from the facility. Ohio generates the most waste of any state in the compact and was therefore designated to be the host state for the Midwest Compact. Ohio recently enacted a set of revisions to the compact language, and, to become fully effective, the revisions must be enacted in the same form by all compact states and approved by Congress.

The act provides that the Ohio facility will be operated for twenty years or until the 2.25 million cubic foot facility capacity is reached, whichever comes first. After the Ohio facility is closed, a new host state will be designated which will be the state with the next highest rate of generation of waste. The act establishes a Remedial Action Fund to reimburse a state for remedial expenses and a Long-Term Care Fund in Ohio and succeeding host states for closure and maintenance of closed facilities.

All financial obligations for regional disposal of LLRW shall ultimately be paid by the generators of the waste. The act establishes deadlines and penalties for succeeding host states to develop facilities in a timely fashion. A state may not withdraw from the Compact if that state has not fulfilled its obligations.

The act revises the definition of "low-level radioactive waste". Host states may accept naturally-occurring and accelerator-produced waste. The act provides for judicial review of Compact Commission decisions.

The act provides for continued operation of a facility in the event the Compact is dissolved. The act provides for dissolution of the Compact if Congress withdraws its approval.
MIKE HOEFERKAMP