SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE COMMISSION
ANNUAL REPORT FOR FISCAL YEAR 2021-2022
(July 1, 2021 to June 30, 2022)
“The Commission shall submit communications to the governors and to the presiding officers of the legislatures of the party states regarding the activities of the commission, including an annual report submitted on or before January 15 of each year . . ..” (P.L. No. 100-712, 102 Stat. 4773.)
INDEX
PAGE- TOPIC
- Summary of Fiscal Year Activities
- Highlights of Fiscal Year 2021-22 (July 1, 2021-June 30, 2022) Activities
- I. Status of the Regional Disposal Facility
- A. Fiscal Year 2021-2022 Host State Report
- B. Fiscal Year 2021-2022 License Designee Report
- II. Compact Commission
- A. Commission Meetings
- B. Commission Membership Status
- C. Projections of the Regional Disposal Facility’s Future Capacity
- D. Donations, Grants, Other Resources Accepted
- E. Recommendations: Alternative Technologies.
- Attachments
- Audit Report: FY 2021-2022 (Under separate cover)
- Budget: FY 2022-23 (July 1, 2022-June 30, 2023)
III. Commission Membership
ANNUAL REPORT FOR FISCAL YEAR 2021-2022
(July 1, 2021-June 30, 2022)
Honorable Governors and legislative leaders of the Southwestern Compact Party States:
As required in Article III. , Section (g)(9) of the SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE DISPOSAL COMPACT CONSENT ACT, PUBLIC LAW 100-712 [H.R. 5232]; November 23, 1988, we are pleased to submit the 2021-2022 Annual Report of the Southwestern Low-Level Radioactive Waste Commission.
The Southwestern Low-Level Radioactive Waste Commission (the Commission), established under Public Law 100-712, is the governing body for the Southwestern Low-Level Radioactive Waste Disposal Compact among Arizona, California, North Dakota, and South Dakota. California, as host state, is required to develop a regional disposal facility. A regional disposal facility has not yet been developed, so the Commission’s key duties include controlling the exportation of low-level radioactive waste out of the region. As a separate legal entity, it can make recommendations and comments appropriate to its charge under law to do whatever is reasonably necessary to ensure that low-level waste is safely disposed of and managed within the region.
SUMMARY OF FISCAL YEAR ACTIVITIES
In this fiscal year there were 2,089 organizations licensed by the Southwestern Compact States and the U.S. Nuclear Regulatory Commission to use radioactive materials (1,624 in California, 352 in Arizona, 74 in North Dakota, and 39 in South Dakota) within the Southwestern Compact Region. Radioactive materials licensees include nuclear power plants, hospitals and other medical facilities, universities and commercial research facilities, construction, manufacturing, mining, energy development and government agencies.
Not all radioactive materials licensees generate low-level radioactive wastes, however, those that do can only safely store so much for so long. Tens of thousands of cubic feet of low-level radioactive wastes are in storage at any one time in hundreds of locations in our Southwestern Compact region. Eventually, these wastes must be sent to safe, secure and licensed disposal facilities.
Export Petitions
Since, there is no disposal facility available within the Southwestern Compact, the Commission works closely with other states and regional compacts across the country to authorize export to disposal facilities that are willing to accept low-level radioactive wastes from our Compact region.
In Calendar year 2021, the Commission authorized 187 export petitions allowing approximately 400,000 cubic feet of low-level radioactive wastes to be exported for disposal at licensed facilities in Utah and Texas. Working with these host state regulators, their regional compact commissions, the U.S. Department of Energy (DOE) and the disposal site operators, the Commission has tracked the wastes shipped under these authorizations to verify disposal at the intended facilities. In the last ten years, according to U.S. DOE records, low-level radioactive wastes were shipped from over 700 different generators in our Compact Region for disposal outside the region.
National Collaboration
The Southwestern LLRW Commission continues to work closely with the other nine regional compacts, through the Low-Level Radioactive Waste Forum (partially funded by the U.S. DOE) to maintain access to these disposal facilities for the Southwestern Compact low-level radioactive waste generators. This is important for the continuation of the technological benefits that citizens of our region enjoy in our economy, healthcare and infrastructure. Access to these facilities is also essential for the continued support of the ongoing and planned decommissioning activities for California’s remaining nuclear power generating facilities.
National Security and Public Safety
Additionally, the Commission has continued to work with the other regional compacts, the U.S. Department of Energy (DOE) National Nuclear Security Administration/Global Threat Reduction Initiative (NNSA/GTRI) and the U.S. Nuclear Regulatory Commission to address the issue of “Disused Sealed Sources”. Sealed radioactive materials (sources) are commonly used in medicine, industry, research and education. There are approximately 2 million sealed sources and tens of thousands of disused sealed sources being held in storage in the U.S. According to the U.S. Governmental Accountability Office, an average of 250 sealed sources are lost or stolen every year. Some of these disused sealed sources represent potential threats to public safety and/or national security if they are not recycled or properly disposed of in a timely manner. The Commission, working in concert with the Disused Sealed Sources Working Group, is promoting the proper management and ultimate secure disposal of these radioactive materials.
STATUS OF THE COMMISSION
At the close of the fiscal year, there were five vacancies on the Commission: three commissioners for California, one commissioner for South Dakota, and one alternate for Arizona. In accordance with Public Law 100-712, the Governors of these respective states are to make appointments to fill these vacancies.
The current Executive Director, Ms. Kathy Davis, plans to retire in 2022. In April, the Commission contracted with a new Executive Director, Mr. Ronald Gaynor, who will be replacing Ms. Davis after a suitable transition period.
HIGHLIGHTS OF FISCAL YEAR 2021-2022 (July 1, 2021-June 30, 2022) ACTIVITIES
- STATUS OF THE REGIONAL DISPOSAL FACILITY
- A. FISCAL YEAR 2021-2022 HOST STATE REPORT
The State of California provided the following report:
The Radiologic Health Branch has 1624 active radioactive materials licenses as of November 2, 2021.
There have been no inquiries regarding, or interest expressed in, development of a low-level radioactive waste disposal facility in California at this time.
- FISCAL YEAR 2021-2022 LICENSE DESIGNEE REPORT
US Ecology, Inc. provided the following report:
“US Ecology is not presently undertaking efforts to develop a regional
disposal facility for the Southwestern Compact region.”
- COMPACT COMMISSION
A. COMMISSION MEETINGS
a. The Southwestern Low-Level Radioactive Waste Commission held the 87th meeting on Tuesday, November 2, 2021 at the Hyatt Regency, 1209 L Street, Sacramento, CA.
All Commissioners were in attendance from California, Arizona, North Dakota and South Dakota. A quorum was present.
Chair Activities
Chair Earley stated that the recent Low-Level Waste Forum meeting was successful, with much improved largely due to the efforts of Ms. Davis. Commissioners agreed that Ms. Davis brought problems to our attention, and it was the right thing to do. The new Executive Director of the Forum, Dan Shrum, is doing a good job.
Chair Earley brought up that American manufactured/foreign used sources which are then sent back to the manufacturer under contract, was discussed at the Forum meeting. Commissioner Patrick mentioned TENORM from Japan that was going to be sent to North Dakota. Gonzalo Perez, California CDPH Radiologic Health Branch, asked whether those countries allow disposal. Chair Early responded that many contracts provide for the manufacturer to take back sources when replaced. In her view, the source belongs to the last party to which the source was useful. Brokers struggle with this issue; Forum is addressing it.
Executive Director Activities
Kathy Davis provided the Executive Director’s update, including attendance at various industry conferences. The Texas Compact is working on a rule to tighten up their tracking system.
Licensing Agencies
Gonzalo Perez, Radiologic Health Branch, reported that the state is down to 1624 licenses. CDPH has an online reporting system. Trying to combine with DOE system. DOD is delaying remediation of sites; Mare Island, Alameda, Hunter’s Point, Long Beach. So sites will remain federal property. They put a cap and a park on top of it. But if there is any subsequent digging, it raises questions whether there will be exposures. In Alameda, it was proposed to put a wetland on top; now on hold. Sealed sources; 30-40 irradiators, mostly from the University of California, to be disposed. Met with FBI; want to do symposiums to get Cat 1-3 licensees up to speed on terrorism, operational security awareness. Now ready to start in 1st quarter of 2022.
Commissioner Goretzki reported that Arizona now has 352 licensees. Covid helped them catch up on inspections. Going to do a complete revision of their rules.
Commissioner Emme reported that South Dakota now has 39 licensees, all issued by NRC, since South Dakota is not an Agreement State.
Commissioner Patrick reported that he has now retired from the State of North Dakota, but will be continuing as commissioner. North Dakota now has 74 licenses.
Exportation Petitions
All export petitions for disposal at the Energy Solutions facility in Utah, and the WCS facility in Texas were unanimously approved by roll call vote.
Commission voted to approve new export petition with new effective dates, new penalty language and increased fees. Unanimous approval by roll call vote.
Personnel
Commissioners voted to extend legal counsel’s contract for one year, with a compensation increase of 5%. Approved unanimously by roll call vote.
Commissioners voted to increase Executive Director’s compensation by 5%. Approved unanimously by roll call vote. Commissioners recognized Executive Director’s desire to retire, and committed to searching for a replacement by the end of current contract term.
Governors’ Annual Report
The Annual Report review was postponed to virtual meeting in early January.
Budget
The Commissioners voted to amend the 2021 Budget in view of the effects of the Covid pandemic which resulted in reduced revenues and lower operating costs. Approved unanimously by roll call vote.
The Commissioners voted to approve the 2022 Budget. Approved unanimously by roll call vote.
Fee Schedule
The Commissioners voted to increase export petition fees as follows:
Volumes less than 250 cubic feet – $500
Volumes exceeding 250 cubic feet, but less than 40,000 – $2.00/cubic foot
Volumes exceeding 40,000 cubic feet – $2.00/cubic foot up to 40,000 cubic feet and $0.15/cubic foot over 40,000 cubic feet
Approved unanimously by roll call vote.
Election of Officers
The Commissioners voted that Chair Earley and Vice Chair Goretzki continue in their respective offices. Approved unanimously by roll call vote.
Future Meetings
Meeting in January will be noticed to approve the Governors’ Annual Report, approve the audit report. Search for a new Executive Director will also be on the agenda.
b. The Southwestern Low-Level Radioactive Waste Commission held the 88th meeting by Webex teleconference on Wednesday, January 12, 2022.
All Commissioners were in attendance from California, Arizona, North Dakota and South Dakota. A quorum was present.
Financial Audit
The Commissioners reviewed and voted to approve the Financial Audit for fiscal year 2021-22. Approved unanimously by roll call vote.
Governors’ Annual Report
The Commissioners reviewed and voted to approve the Annual Report to Governors for fiscal year 2021-22. Approved unanimously by roll call vote.
Executive Director Search
The Commissioners discussed and planned the search and qualifications for a new Executive Director.
c. The Southwestern Low-Level Radioactive Waste Commission held the 89th meeting by Webex teleconference on Tuesday, March 15, 2022.
All Commissioners were in attendance from California, Arizona, North Dakota and South Dakota. A quorum was present.
Personnel
In closed session, the Commissioners voted to offer a one-year contract to Mr. Ronald Gaynor as Executive Director, replacing the current Executive Director, Ms. Kathy Davis.
The Commissioners also voted to amend the 2021-22 Budget to account for the transition of Executive Directors.
B. COMMISSION MEMBERSHIP STATUS
Arizona, North Dakota, and South Dakota are each authorized one Commission member and one alternate. California, as the host state, is authorized four Commission members and one alternate. Having four California members is important because it permits the host state members to comprise at least 51 percent of the membership on the Commission, as authorized by the Southwestern Low-Level Radioactive Waste Disposal Compact Consent Act.
At the close of the fiscal year, there were five vacancies on the Commission: three commissioners for California, one commissioner for South Dakota, and one alternate for Arizona. In accordance with Public Law 100-712, the Governors of these respective states are to make appointments to fill these vacancies.
C. PROJECTIONS OF THE REGIONAL DISPOSAL FACILITY’S ANTICIPATED FUTURE CAPACITY
The projections of the facilities anticipated future capacity is unknown as is the status of the regional waste facility. Current California law prohibits the proposed Ward Valley radioactive waste disposal site from serving as California’s facility for purposes of the Southwestern Low-Level Radioactive Waste Disposal Compact and prohibits disposing of low-level radioactive waste using shallow land burial. New requirements for a low-level disposal facility have yet to be developed by the California Department of Public Health.
D. DONATIONS, GRANTS AND OTHER RESOURCES ACCEPTED
No donations, grants or other resources were accepted during FY 2021-22
E. RECOMMENDATIONS: ALTERNATIVE TECHNOLOGIES
California, as host state, is responsible for selecting the low-level radioactive waste disposal technology. Current California law prohibits the disposal of low-level radioactive waste in shallow land burial, i.e., disposal of low-level radioactive waste in or within the upper 30 meters of the earth’s surface. The law specifies the use of multiple, engineered barriers to provide for the retention of the radioactive waste within the engineered barriers to last not less than 500 years, using best available technology. No further recommendations have been made for alternative technologies.
ATTACHMENTS
- FINANCIAL AUDIT REPORT: FY 2021-22 Under separate cover
- Budget for FY 2022-23
- COMMISSION MEMBERSHIP
A list of Commission members, alternates, and staff is attached.
ATTACHMENT I– FINANCIAL AUDIT REPORT – FY 2021-22
Under separate cover.
ATTACHMENT II – Budget for Fiscal Year 2022-23
AMENDED BUDGET FISCAL YEAR 2022-23
Approved by Commission 11/15/22
INCOME
Interest $ 500
Exportation Fees 397,000
Workshop 10,000
Refund/Overcharge 0
________
TOTAL INCOME 407,500
EXPENSES
Contractor Fees $221,240
Travel (Staff & Commissioners) 50,300
Telephone & Internet 1,600
Electronic (website, support, security) 2,380
Postage and mail services 1,940
Auditing Service 3,500
Professional services (P/T office help) 2,835
Bond 385
Office Expense 458
Meeting Expenses 4,500
Dues & Subscriptions 9,700
Insurance 17,618
Workshop Expense 10,000
Misc. (printing, bank charges, legal education) 828
Rebates 375
Conference Registration Fees 4,585
_________
TOTAL EXPENSES 332,244
NET INCOME 75,256
ATTACHMENT III
THE SOUTHWESTERN LOW-LEVEL RADIOACTIVE WASTE COMMISSION
Each party state is represented by one Commissioner, appointed by the Governor and confirmed by the Senate of the appointing state. One member represents the host county and the host state is authorized additional members to comprise a majority of the Commission. Appointed alternates may act in a member’s absence. The following individuals served as Commissioners, Alternates and staff during the past fiscal year.
COMMISSIONER ALTERNATE COMMISSIONER
ARIZONA
Brian Goretzki Vacant
Arizona Department of Health Services
4814 South 40th Street
Phoenix AZ 85040
CALIFORNIA
Donna L. Earley Peter S. Brierty
124 Waterview St. San Bernardino County
Playa del Rey, Ca 90293 28675 Hilltop Dr.
Highland, Ca 92346
Vacant
Vacant
Vacant
NORTH DAKOTA
Dale Patrick David Stradinger
9440 Cedar Lane North Dakota Department of Health
Bismarck, ND 58503 Gold Seal Center, Fourth Floor
Bismarck, ND 58501
SOUTH DAKOTA
Nick Emme
Vacant Department of Agriculture and Natural Resources
523 East Capitol (Foss Bldg.)
Pierre S D 575701
COMMISSION STAFF
Kathy A. Davis, Executive Director (Retiring) Peter Baldridge, Legal Counsel
1731 Howe Avenue, #611 1731 Howe Avenue #611
Sacramento CA 95825 Sacramento,, CA 95825
Ronald K. Gaynor, Executive Director (Incoming)
1731 Howe Avenue, #611
Sacramento, CA 95825