History of the Midwest Interstate Low-Level Radioactive Waste Compact

RER-62

Audeen W. Fentiman
Tamara L. Leyerle
Joyce E. Meredith

The Midwest Interstate Low-Level Radioactive Waste Compact is a group of
Midwestern states, including Indiana, Iowa, Minnesota, Missouri, Ohio, and
Wisconsin, who have agreed to share the responsibility of low-level radioactive
waste disposal. Michigan, initially a member of the compact, was projected to
generate the most low-level radioactive waste of all the states in the Midwest
Compact region. For this reason, Michigan was chosen to host the first low-level
waste disposal facility for the Midwest Compact. Ohio was projected to be the
second largest generator and was chosen as the first alternate host state.

Michigan failed to fulfill its obligations as host state and its membership
in the Midwest Compact was revoked in 1991. At that time, Ohio became the host
state for the Midwest Compact's low-level radioactive waste disposal facility.
As the Compact's host state, Ohio must now work toward locating, designing,
building, and operating a low-level waste disposal facility in order to fulfill
its responsibility.

This fact sheet outlines the history of the Midwest Compact and Ohio's role
in it.

Early Discussions

Through 1992, low-level radioactive waste was disposed of at one of three
operating disposal facilities in the United States: Beatty, Nevada; Richland,
Washington; and Barnwell, South Carolina. In 1979, the governors of these states
demanded that plans be developed for new disposal sites and a more equitable
distribution of disposal responsibility among the states. In 1980, Congress
enacted the Low-Level Radioactive Waste Policy Act, which requires states to
dispose of their own low-level waste. This act encouraged states to form
interstate compacts, or regional associations of states, for the purpose
of low-level radioactive waste disposal. After passage of this act, several
Midwestern states began formal negotiations on the formation of an interstate
compact for low-level waste disposal. The resulting seven-state compact
eventually became known as the Midwest Compact (see Figure 1).

Figure 1. The Midwest Compact

Formal Compact Approval

In October of 1982 the document outlining the formal provisions of the
Midwest Compact was completed. States desiring to join the Midwest Compact were
required to enact this document as law by July 1, 1984. After it had been
enacted by the legislatures in Indiana, Iowa, Michigan, Minnesota, Missouri,
Ohio, and Wisconsin, and signed by their governors, the Midwest Compact was
consented to by Congress in 1985.

The states of the Midwest Compact agreed that each state would take its turn
in hosting a disposal facility for the Compact. The states determined that the
host state was responsible for the location, design, construction, and operation
of the regional disposal facility. The Midwest Compact also required approval
from the host state before admitting any new states to the Compact or accepting
any low-level radioactive waste from outside the Compact borders.

Ohio Legislature Approves Midwest Compact

Before voting on the compact issue, the Ohio legislature debated whether to
join the Midwest Compact or establish its own low-level radioactive waste
disposal facility. The legislature voted to become a member of the Midwest
Compact and enacted the Midwest Compact legislation. On April 23, 1984, Governor
Richard Celeste signed the legislation into law, and Ohio officially became a
member of the Midwest Compact.

Selection of a Host State

To select the first host state, the Midwest Compact primarily considered the
quantities of waste generated by each state. The two main factors considered in
the selection process were 1) the volume of low-level radioactive waste each
state was estimated to generate during the 20-year operating life of the Midwest
Compact's first disposal facility, and 2) the activity of that waste. (Activity
is a measure of the rate at which radiation is emitted by the waste.) The
Compact also considered transportation factors in selecting the host state.

In June of 1987, Michigan was chosen as the Midwest Compact's first host
state since it was projected to generate the largest amount of waste during the
20-year operating period of the first disposal facility. After this 20-year
period, disposal responsibility would shift to another state in the Midwest
Compact. Ohio was chosen as the first alternate host state for the first
regional disposal facility because it was projected to produce the second most
waste. Minnesota was the second alternate host state.

Michigan as Host State

According to the provisions of the Midwest Compact, the host state is
responsible for choosing possible locations for a low-level radioactive waste
disposal facility within the state's borders. The state is also responsible for
the timely development and operation of the disposal facility. In December of
1987, Michigan enacted siting legislation, which outlined the criteria
that would be used in selecting a site for the disposal facility. By October of
1989, the Michigan Low-level Radioactive Waste Authority had designated three
Candidate Areas as "potentially suitable" for building a low-level waste
disposal facility.

By March of 1990, Michigan had eliminated two of its three Candidate Areas.
No new areas were selected to replace the two that were eliminated. This
prompted the Midwest Compact to adopt a resolution expressing concern over the
current status of the Michigan site selection process.

On May 23, 1990, the Michigan Low-Level Radioactive Waste Authority
eliminated the last Candidate Area. As a result, on November 10, 1991, the
states with the three operating low-level radioactive waste disposal facilities
(Nevada, South Carolina, and Washington) denied Michigan access to their
facilities.

Michigan's Ouster

In July of 1991, the Midwest Compact revoked Michigan's membership based on
numerous actions which indicated that Michigan would not fulfill its obligations
as host state. As first alternate, Ohio automatically became the host state for
the first regional low-level radioactive waste disposal facility. With Michigan
no longer in the Midwest Compact, Ohio is projected to be the largest generator
of low-level radioactive waste. Ohio is projected to generate 37 percent of the
total Midwest Compact volume and 37 percent of the total activity during the
20-year operating life of the first disposal facility (see Figure 2).

Figure 2. Percent of Projected Waste From Each State in the
Midwest Compact During the 20-year Operation Period of the First Disposal
Facility

Although Michigan is no longer responsible for building the Midwest Compact's
disposal facility, it will still need to eventually provide disposal capacity
for low-level radioactive waste generated within its borders. Congress allows
compact disposal facilities to refuse low-level waste from outside their
borders. However, since Michigan is no longer in a compact, it does not have
Congressional authority to refuse waste from other states if it builds its own
disposal facility.

Ohio's Activities to Date

Siting activity cannot begin in Ohio until the General Assembly enacts
enabling legislation that defines the process by which a disposal
facility will be sited and built. On October 30, 1992, Ohio Governor George
Voinovich appointed a Blue Ribbon Commission to provide information and advice
to the General Assembly on criteria for selecting a location for a low-level
radioactive waste disposal facility. The Blue Ribbon Commission is composed of
experts in geology, biology, health, and engineering as well as an interested
citizen and a representative of a low-level waste generator. The Commission has
sought input from the public through 12 public hearings held at locations
throughout Ohio.

Another prominent group, the Ohio Low-Level Radioactive Waste Advisory
Committee, is chaired by Ohio's representative on the Midwest Compact
Commission. The Committee will provide information and advice to the General
Assembly on issues related to designing, building, and operating the low-level
radioactive waste disposal facility. Both the Blue Ribbon Commission and the
Advisory Committee are expected to submit recommendations on enabling
legislation to the General Assembly in mid-1993.

Midwest Compact's Role Now

At this time, the Midwest Compact has three main roles. First, the Compact is
responsible for making sure adequate progress is being made towards developing a
regional low-level radioactive waste disposal facility. The Barnwell disposal
facility in South Carolina has agreed to accept waste from the Midwest Compact
states through June 30, 1994, as long as timely progress is made on developing a
disposal facility. Second, the Midwest Compact will provide information to help
low-level radioactive waste generators with proper storage of their waste until
a regional disposal facility is operating. Third, the Midwest Compact will
assist Ohio in fulfilling its host state responsibility and will propose
amendments to the Compact that will address concerns expressed by Ohio.

For More Information

If you want to read more about the history of the Midwest Compact, the
reference listed below may be helpful.

"Midwest Interstate Low-Level Radioactive Waste Commission -- Update ",
available from:
Midwest Compact
Room 1303
336 North Robert
Street
St. Paul, MN 55101

Author Notes:

Dr. Audeen W. Fentiman is an Assistant Professor in Nuclear Engineering at
The Ohio State University. Tamara L. Leyerle is a Graduate Research Associate,
Ohio State University College of Law. Joyce E. Meredith is a Graduate Research
Associate, Ohio State University Extension.

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