Statement of Sen. Orrin G. Hatch
before the Committee on Environment and Public Works United States Senate
July 25, 2000

Mr. Chairman, I am grateful for the opportunity to submit these comments before the committee today. The subject of "pre-1978 FUSRAP waste" has an esoteric sound to it, but it is one that warrants our attention. I believe that our current system for regulating waste from these Cold War nuclear and atomic sites has some gaping holes in it, and I applaud you for holding this oversight hearing today.

I was a member of this body when the Congress enacted the Uranium Mill Tailings Radiation Control Act (UMTRCA). We enacted this measure because we were concerned about the health and safety consequences associated with uranium mill tailings. We were concerned that uranium mill tailings were not regulated by the Nuclear Regulatory Commission, and our principal purpose in enacting UMTRCA was to confer new regulatory authority on the NRC.

However, I now understand that the NRC has indicated that it may be without authority to regulate tailings produced before 1978 and that the EPA does not believe it has authority over such material. This is rather remarkable since it often seems that EPA has a role in regulating everything.

There are persuasive arguments that the states lack authority as well. If all these perceptions are correct, we appear to have a regulatory vacuum. When matters of health and safety are concerned, we must make sure that someone is monitoring this situation and has appropriate authority to regulate.

I want to thank the committee for addressing this important matter. Thank you, Mr. Chairman.