It is with great concern that I write to you regarding legislation the Interstate and Foreign Commerce Committee plans to consider in the near future-i.e., H.R. 3650, the "Uranium Mill Tailings Radiation Control Act of 1978," as reported out of the Subcommittee on Energy and Power. As you know, the State of New Mexico has been actively interested and involved in obtaining comprehensive federal legislation in this area. This is due to the concern of our citizens and leaders over the 6,367,000 tons of inactive uranium mill tailings piles covering more than 286 acres in New Mexico. These tailings were generated during the period when there was a lack of federal regulation over the disposal of these wastes, when the mining and milling were conducted in our State for the national defense the so-called federal procurement period. In addition, the restoration costs were not covered at the time of these operations and the State had no control over disposal of waste. Thus, it is the position of the State of New Mexico that the problems stemming from these tailings piles sites are clearly a federal responsibility and that the federal government should pay all costs for adequate disposal. The unwillingness of the federal government to meet this responsibility is disconcerting to our citizens. It is particularly disconcerting when one realizes that not only is New Mexico suffering the effects of the impact of the front-end of the nuclear cycle but we are also being considered for backend impacts that is, nuclear waste disposal. It seems a bit unfair for representatives from states not confronted with such serious problems to arbitrarily determine just how much, if any, responsibility the federal government should bear for past actions leaving states like New Mexico, Utah, and others to carry legal and economic burdens they cannot realistically be expected to handle, in addition to the great environmental risks they already have had to bear. It is for the above reasons that we respectfully request your careful consideration of the legislation to come before the committee on which you sit. H.R. 3650, as presently written, only provides for 90% federal financial responsibility with site designation left to the discretion of the Secretary of the Department of Energy. This formula is not acceptable to our State and we urge you to reconsider these and other provisons so that a truly responsible and comprehensive bill is reported out of Committee and presented to the full House of Representatives. Thanking you in advance for your assistance in this matter, I am Sincerely, есё JERRY APODACA JA/nf CC: Honorable Pete V. Domenici Honorable Harrison Schmitt Honorable Manuel Lujan Honorable Harold Runnels Western Interstate Energy Board/WINB 2500 Stapleton Plaza, 3333 Quebec, Denver, CO 80207 ⚫ 303/837-5851 FTS 327-5851 The Honorable John D. Dingell 2221 Rayburn House Building Washington, DC 20515 Dear Congressman Dingell: June 15, 1978 The following resolution was adopted by the members of the Western Interstate Energy Board at their annual meeting on June 2, 1978, and reflects the strong feelings of the Board. "WHEREAS, uranium mill tailings located on inactive uranium mill sites contain a radiation level exceeding maximum permissible safety standards and thereby present a real or potential hazard to the public; and "WHEREAS, the uranium tailings piles are the results of mining for uranium fuel under Federal contracts for purposes of energy production and national security; and "WHEREAS, legislation is presently before Congress calling for appropriate remedial action to limit the exposure of individuals to radiation emanating from the various inactive mill tailings sites; and "WHEREAS, the President, the Congress of the United States, and the Department of Energy all have the necessary powers and financial capabilities, as well as the duty and obligation, to rectify this problem, and their assistance is vital to the immediate and proper resolution of this environmental and health hazard; "THEREFORE, BE IT RESOLVED: that the members of the Western Interstate Energy Board recommend: 1) that any remedial measures on inactive tailings piles created prior to the implementation of the National Environmental Policy Act of 1969 be accomplished at total Federal expense, 2) that the abandoned uranium mill tailings be classified as radioactive wastes and placed under the exclusive jurisdiction of the Federal government, 3) that the Nuclear Regulatory Commission be charged with the establishment of standards and criteria for disposal and handling of radioactive wastes, and 4) that when such remedial measures are taken, they should be developed with the participation and ultimate concurrence of states directly impacted by this health hazard. Sincerely, Frederik S. Adair Fredrick S. Adair, Chairman FSA/skb At the 1978 Annual Meeting of the Western Governors' Conference held This issue is of the utmost importance to the members of the Western Please feel free to call upon our staff in San Francisco for additional WESTERN GOVERNORS' CONFERENCE 165 POST STREET, 5th FLOOR SAN FRANCISCO, CALIFORNIA 94103 CRETARIAT: HE COUNCIL OF STATE GOVERNMENTS WESTERN OFFICE 415/986-3760 XIII. Uranium Mill Tailings WHEREAS, uranium mill tailings located on inactive uranium mill sites contain a radiation level exceeding maximum permissible safety standards and thereby present a real or potential hazard to the public; and WHEREAS, the uranium tailings piles are the results of mining for uranium fuel under Federal contracts for purposes of energy production and national security; and WHEREAS, the production of uranium ore enured to the benefit of all U.S. citizens, and the cost of elimination of the health hazard created by uranium mill tailings is prohibitive to those states where they exist; and WHEREAS, legislation is presently before Congress calling for appropriate remedial action to limit the exposure of individuals to radiation emanating from the various inactive mill tailings sites; and WHEREAS, the President, the Congress of the United States, and the Department of Energy all have the necessary powers and financial capabilities, as well as the duty and obligation, to rectify this problem, and their assistance is vital to the immediate and proper resolution of this environmental and health hazard; NOW, THEREFORE, BE IT RESOLVED, that the Western Governors recommend: 1) that any remedial measures on inactive tailings piles created prior to the implementation of the National Environmental Policy Act of 1969 be accomplished at total Federal expense, 2) that the abandoned uranium mill tailings be classified as radioactive wastes and placed under the exclusive jurisdiction of the Federal government, 3) that the Nuclear Regulatory Commission be charged with the establishment of standards and criteria for disposal and handling of mill tailings, and 4) that when such remedial measures are taken, they should be developed with the participation and ultimate concurrence of states directly impacted by this health hazard. Approved, 1978 Annual Meeting, |