By John Stang
The state of North Dakota does not want a nuclear waste site within its borders, but it frets about being overruled by the federal government.
Consequently, Gov. Doug Burgum (R) on Tuesday signed a bill into law to regulate the storage or disposal of high-level radioactive waste if that scenario materializes. The bill was overwhelmingly passed by the state legislature last week.
“The placement, storage, exploration, testing, or disposal of high-level radioactive waste within the exterior boundaries of North Dakota is prohibited. If this provision is superseded by federal law, the remaining provisions of this (law) continue to apply. This (law) does not limit the authority of the legislative assembly or the commission to issue a notice of disapproval under this chapter,” the new law says.
There are currently no known federal or commercial plans for holding high-level radioactive waste in North Dakota. The state law defines such material, in part, as “Highly radioactive material resulting from the reprocessing of spent nuclear fuel, and other highly radioactive material, containing fission products in sufficient concentrations to require permanent isolation.”
The bill’s sponsor, Sen Jim Roers (R), could not be reached for comment.
In 2016, North Dakota’s Pierce County was spooked by a U.S. Department of Energy plan to conduct a deep-borehole high-level waste storage field test near the city of Rugby.
The estimated five-year, $35 million project, proposed across 20 acres of state land, would have produced data on whether 16,000-foot boreholes drilled into crystalline rock formations are suitable for DOE-managed high-level waste. While the test would not have involved actual nuclear waste, local officials and residents worried the study would lead to future storage in the area.
The deep local opposition led to the termination of the Pierce County project, and DOE ultimately canceled the entire borehole test approach.
The North Dakota bill — S.B. 2037 — gives the state Industrial Commission authority for disapproval of any high-level waste facility when the legislature is not in session. The state geologist would serve as the point of contact for the federal agencies behind any such project.
A high-level radioactive waste advisory council would provide guidance to the commission. Its members would include two state senators, two state representatives, several state officials, and representatives from city government, county government, and the agricultural community.
The commission would be empowered to “Take any action necessary to assert the state’s rights relating to the exploration of a suitable location for a high-level radioactive waste facility within the state, including providing comments to a federal agency or initiating litigation,” and “Enter agreements with the federal government regarding high-level radioactive waste regulation and facility siting and accept available funds for deposit into the high-level radioactive waste fund.”
A permit application to the commission would be required to include descriptions of the site, the facility, the material to be deposited, and a justification for the project. It should also include economic impacts and discussions of the geology and hydrology of the site. Information on a monitoring program and a reclamation program are also required.
“Following a hearing, the commission may deny an application if the commission determines the facility or activity poses a threat to ground or surface waters or the environment.” the new law says. Denial could be appealed.
