Harold T. Peterson, Jr.
Air, Water and Radiation Division
Office of Environmental Policy and Guidance
U.S. Department of Energy (EH-41)
1000 Independence Avenue, SW
Washington, DC 20585
Re: Comments
on Proposed Revisions to DOE Order 5400.5 Regarding Release of Radioactively
Contaminated Materials from DOE Nuclear Sites
Dear Mr. Peterson:
I am writing you on behalf of Environmental
Advocates, a New York State environmental advocacy and watchdog group with
thousands of supporters and over 130 organizational members. We would like to register our concern
regarding the proposed revisions to
Department of Energy (DoE) Order 5400.5 regarding release of radioactively
contaminated materials from DoE nuclear sites.
New York citizens, elected
officials, and policymakers are concerned about the DoE’s contemplation of
free-releasing radioactively contaminated materials from the DoE complex,
including the recycling of contaminated metals into consumer products. In the
past, New Yorkers have repeatedly voiced strenuous objections to proposals to
deregulate, release and recycle radioactive wastes and materials.
Secretary Richardson’s July
2000 announcement that he was suspending the practice of recycling contaminated
metals into commerce – while new rules were put in place to address public
concerns that no contaminated materials be released from DoE sites – was
greeted with much relief throughout the Empire State. Secretary Richardson, in
suspending the release of potentially radioactive metals from the DoE complex,
gave the public the impression that a policy would be developed that prevents
the release of any materials with DoE-contamination from the complex.
In October, DoE announced that
it was making available for public review and comment proposed changes to DoE
Order 5400.5 that supposedly carry out the intent of Secretary Richardson's
announcement in this regard. We are terribly disappointed with the proposed
changes. Rather than eliminating the practice of free-release of radioactively
contaminated materials from DoE sites, the proposed changes, with one very
narrow exception, would open the floodgates to the very practice that was
supposed to be curtailed.
We fully support the concept
and goal of preventing and prohibiting the release of any DoE contaminated
radioactive materials and wastes from release into the free market (for
recycling, reuse, unregulated disposal) and prohibiting the release of
contaminated DoE sites. The proposed changes to DoE Order 5400.5 fail to
achieve this goal.
We echo the 10 major concerns
outlined in the December 4, 2000 letter submitted to you from a coalition of
groups including the Nuclear Information and Resource Service, Public Citizen
and the Environmental Coalition on Nuclear Power.
We believe the proposed
revised Order would significantly impact public health, permitting the public
to be exposed to vast quantities of radioactively contaminated materials
released from DoE sites reused, recycled, and disposed of in facilities not
licensed for radioactive waste. The adverse, irreversible public health and
environmental consequences could be enormous.
We note that to adopt this
proposal in its entirety, with the bulk of its contents increasing harm to the
human environment, would violate both the Administrative Procedures Act (APA)
and the National Environmental Policy Act (NEPA). APA requires that substantive
rules be adopted by APA rulemaking procedures as regulations in the Code of
Federal Regulations. NEPA requires any action with potential for significant
impacts on the human environment to be preceded by an Environmental Impact
Statement.
If the proposed policy changes
actually did what the public and press thought they were going to do, based on
Secretary Richardson's July 2000 announcement, then proceeding as proposed
would arguably be in compliance with the law. Such a ban would protect the
environment, not harm it. But that is certainly not the case with the opening
the floodgates to free-release of radioactively contaminated materials, as the
proposals actually entail.
The Secretary should mandate
that no radioactively contaminated or potentially contaminated materials,
wastes or property shall be released from the DoE complex and that rigorous
techniques and procedures shall be developed and employed to assure that
mandate is carried out. The specific
details of measurement procedures, equipment and techniques to be employed to
make the necessary determinations should be adopted in a process with
substantial community and public involvement that includes timely, full
disclosure of information.
Secretary Richardson's July
announcement heartened many people, as it indicated the clear intent to protect
public health by reversing course with regard to free release of contaminated
materials. The proposed Order prepared by staff, however, appears to go in
precisely the opposite direction. We urge that DoE Order 5400.5 be revised to
effectively ban not the only release and recycling of radioactively
contaminated metals, but to effectively prohibit the free release of all
DoE-radioactive contamination on and in materials, wastes, sites and property.
Sincerely,
Kyle Rabin
Nuclear Energy Policy Project
Director
Environmental Advocates
353 Hamilton Street
Albany, NY 12210
Fax: 518-427-0381
David Higby
Solid Waste Project Director
Environmental Advocates
353 Hamilton Street
Albany, NY 12210
Phone: 518-462-5526 ext. 239
Fax: 518-427-0381