Jane Harf
Executive Director
Ohio Low-Level
Radioactive Waste Facility Development Authority
Stephen James
Director of Administration and Government
Relations
Melissa E. Herby
Director of Communications and Public
Involvement
ABSTRACT
The siting of any facility, particularly one for the disposal of wastes, can generate a great deal of controversy and concern. Finding a location for a low-level radioactive waste disposal facility requires a special focus on the education and inclusion of those citizens most impacted by the siting decision. This fact is recognized by those involved in the low-level radioactive waste facility siting process in Ohio, and efforts in these areas began well before the establishment of the current organization.
The development of a regional low-level radioactive waste disposal facility in Ohio will not be accomplished quickly. The Authority's proposed development schedule calls for selection of a final site to be submitted for licensure in June 2000, and the beginning of facility operation five years later. A fundamental principle of the project from its inception in 1991 is that the acceptability of the facility will be directly related to the credibility of the process. The Board of Directors of the Authority recognized the link between process and outcome and has taken numerous steps to instill public confidence in that process.
INTRODUCTION
The siting of any facility, particularly one for the disposal of wastes, can generate a great deal of controversy and concern. Finding a location for a low-level radioactive waste disposal facility requires a special focus on the education and inclusion of those citizens most impacted by the siting decision. This fact is recognized by those involved in the low-level radioactive waste facility siting process in Ohio, and efforts in these areas began well before the establishment of the current organization.
The Ohio Low-Level Radioactive Waste Facility Development Authority (Authority) was created in Substitute Senate Bill 19, enabling legislation which became effective on September 8, 1995. The passage of this legislation was a significant step for Ohio in a process which began in 1984, with the formation of the Midwest Interstate Low-Level Radioactive Waste Compact. The original compact included the states of Indiana, Iowa, Michigan, Minnesota, Missouri, and Wisconsin. In 1987, Michigan was designated as the first state to host a facility for the Compact, and Ohio was named as first alternate.
In 1991, Michigan's membership in the Midwest Compact was revoked for failure to proceed in good faith and site a facility in a timely manner. At that time, Ohio assumed responsibility as host state. One of the first steps taken by Ohio was to initiate negotiations on a series of amendments to the Midwest Compact language, providing significant additional protections for the host state, as well as the other compact members. The amended language establishes remedial action and long-term care funds; provides the host state with a veto authority in numerous critical Commission decisions; requires waste generators to pay all costs associated with disposal of their waste; holds waste generators accountable for any liability resulting from disposal; and sets forth the framework for judicial review of Midwest Compact Commission decisions. The Compact amendments were approved by the Compact Commission in 1993, enacted in Ohio as part of Substitute Senate Bill 19, have since been passed by the legislatures and signed by the governors of the other five states, and will be presented to Congress for ratification early in 1997.
Public participation in Ohio's siting efforts started with a series of twelve public hearings held throughout the state in early 1993. These meetings -- conducted by the Blue Ribbon Commission on Siting Criteria and the Ohio Low-Level Radioactive Waste Advisory Committee -- were the first opportunity for the general public to identify those issues they believed to be the most important when establishing the siting criteria and development requirements for a regional low-level radioactive waste disposal facility. Comments received at the meetings served as the starting point for both panel's discussions, which resulted in the recommendations published in their September 1993 reports. These recommendations, in turn, became the foundation for the drafting of the enabling legislation.
THE PUBLIC INVOLVEMENT PROGRAM OF THE AUTHORITY
The 12-member Board of Directors of the Authority were named by the three appointing authorities the Governor, the Speaker of the Ohio House of Representatives, and the President of the Ohio Senate in October 1995. The members, all residents of Ohio, represent a wide variety of technical and scientific disciplines, generators of low-level radioactive waste, the environmental community, and the public. Members were appointed to staggered three, six, or nine year terms, and may be reappointed to a second term of nine years.
As a public body, the Authority is committed to public involvement as an integral part of its responsibilities for ensuring that Ohio's low-level radioactive waste disposal facility is safely sited, designed, constructed, and operated; that it protects human health and the environment; and that it is economically viable. Within the constraints of its budget and other responsibilities, the Authority is committed to maximizing public involvement. The Authority interprets the term "public" broadly, believing that, in addition to seeking the advice of formal advisory groups, it should solicit the views of the public-at-large, including representatives of environmental groups, low-level waste generators, business and industry, local governments, adhoc groups which may be formed in response to specific issues, and interested private individuals.
Multiple opportunities for public participation have been built into the entire development process. One of the most significant accomplishments of the Board of Directors has been to develop and approve a Statewide Public Participation and Involvement Program to further define and ensure adequate opportunities for citizen involvement. This program describes mechanisms and strategies that are intended to encourage public participation on low-level radioactive waste management issues related to siting, development, licensing, and operating processes. It also gives information about the decision-making process: What the process entails; what statutory rights of citizens are included; and where they can go for more information and assistance. The Authority will continue to actively solicit the views of the public on how to best structure public participation on the low-level radioactive waste issues facing Ohio. The Statewide Public Information and Involvement Program will be dynamic and open to modification and evaluation based on both citizen participation and the experience of the Authority.
The plan contains three main goals for the Authority:
Review by outside individuals and groups can strengthen program design and implementation, ensuring that appropriate technical solutions are being considered. Such input also allows the Authority to discern the interests and concerns of various segments of the public. Throughout the next decade, the Authority will be making decisions related to low-level radioactive waste disposal in Ohio, and contractors will be hired by the Authority to implement many of those decisions. Both the Authority and its contractors will need to provide an open channel of communication to inform the public, to allow for full citizen participation, and to be responsive to the changing needs of the public throughout the process. Making these programs, decisions, and documents available to the public will be a critical function of the Public Information and Involvement Program. Communication will be facilitated through the development and periodic updating of mailing lists; access to the Authority via toll-free telephone and E-mail; the establishment of document repositories in the Authority office, at selected libraries around the state, and at County Extension offices; the Authority's bi-monthly newsletter, the Newsline; and establishment of an Authority Home Page on the Internet.
Accurate information about the various aspects of low-level radioactive waste management is essential to understanding the technical problems, complexities, and constraints involved, and allows for meaningful public involvement in government decision-making processes. Providing the public with information about decisions made by the Authority, notification of Authority meetings and hearings, and access to official documents will aid the public in making balanced assessments of program actions and encourage informed discussions. Informed members of the public can most appropriately choose the level and focus of their involvement. Materials will be available in several formats so interested parties may access the documents in a manner most comfortable for them. Formats may include printed fact sheets, videos, electronic files, tabletop exhibits, and live presentations with question and answer sessions. Information bulletins, used in conjunction with existing fact sheets, will target fundamental scientific and technical concepts related to low-level radioactive waste.
A decision coming from a process that is manifestly open is more likely to be accepted by members of the public, including some who might otherwise oppose the substance of the decision. With a decision-making process that is both open to public inspection and responsive to public input, greater understanding and acceptance of the process and appreciation of the value of compromise can result.
One of the most effective ways for the public to have an impact on the Authority's work is through direct participation. All meetings of the Board of Directors and its committees and task forces are open to the public, and time is provided to receive public comment on items discussed. Proposed documents developed by the Authority -- including budget, rules, and informational materials -- will be made available for public comment in advance of final action by the Board. Written comments received by the Authority will be acknowledged with a letter stating that the comments were received and distributed to the appropriate members of the staff and the Board of Directors. Public comments will be distributed well in advance of the decision of the Board. Comments will be maintained in the Authority's public document room and posted periodically on the Authority Home Page.
Public hearings are another way for citizens to have a direct impact on the process. The Ohio law mandates that public hearings be held prior to the following decisions of the Board of Directors:
Other public hearings will be required for rulemaking activities of the Board. The enabling legislation mandates that the Authority adopt rules governing all aspects of the development, siting, construction, and management of the operation, closure, institutional control, and long-term care of a facility. Rules will also be developed for the fee system to be paid by waste generators, including the amount of the fees, payment procedures, and the uses of the funds collected. In addition, the Authority plans to exceed the minimum requirements for holding public hearings on certain matters prior to taking action. The purpose of these meetings will be to receive comments and testimony on a specific issue from a broad spectrum of the public.
Information will be provided at meetings to aid citizens in focusing their comments on the issue under consideration, thereby making their comments more useful to the Authority. Those attending and actively participating in hearings will provide both the Authority and the audience with an opportunity to hear other viewpoints. Sufficient time will be allowed for public comments to be submitted after the hearing and prior to any decision being made by the Board.
Specific activities designed to address critical steps as the Authority moves toward the selection of a site and facility operation may include a series of interactive workshops throughout the state where citizens could comment and receive feedback from the Authority and its contractor(s). Statewide informational and interactive workshops on various topics prior to required public hearings will encourage two-way, focused interaction between interested citizens and stakeholder representatives.
Of particular importance to those individuals involved in local community administration will be the Local Monitoring Committees, to be established in the three potential host communities that will undergo site characterization. These committees will provide independent review and oversight of the development process in their area. Committee membership will consist of five to fifteen members appointed by the legislative authority of the potential host community, with one member appointed by the Board of County Commissioners from the respective county. Members must be residents of the community and registered to vote in that county for at least two years. They may include elected officials; emergency management and public health personnel; representatives from environmental advocacy and community organizations and from agricultural interests, academic institutions, labor, business, and industry.
The Local Monitoring Committee in each potential host community will receive reasonable funding from the Authority for its activities, to be negotiated with the Authority. The Committee will make recommendations to the Board concerning data collection and analysis during site characterization, and will receive copies of data generated. At its request, the Committee may meet with the Authority staff and the contractor to discuss items of mutual concern, and Committee recommendations will be considered by the Board and forwarded to the contractor for appropriate action. Once a final site has been selected from the three potential sites, the Local Monitoring Committees in the communities not selected shall disband. The Committee in the host community shall continue to operate throughout the remainder of the development, operation, closure, institutional control, and long-term care phases of the facility. In addition to the support provided to the Local Monitoring Committees, funds will be made available to the host community and designated affected communities to compensate them for any direct impacts that result from the siting of the facility. Compensation will be provided for the replacement of lost tax revenue, improvements in the public infrastructure, enhanced emergency response capability, and the hiring of an independent inspector to be located at the facility.
Another significant point in the participation process occurs once a community has been selected to host a low-level radioactive waste disposal facility, and involves the composition of the Board of Directors. Two new members from the host community an elected official appointed by the Speaker of the Ohio house of Representatives and a member of the general public appointed by the Senate President will be added to the Board of Directors, bringing the total number to fourteen. These new appointments shall have the same rights and responsibilities as all other Board members, and will be appointed for nine-year terms.
The Board of Directors of the Ohio Low-Level Radioactive Waste Facility Development Authority is statutorily required to establish an intervenor funding program to pay a portion of the reasonable costs of expert witnesses, attorneys' fees, and litigation expenses incurred by persons who participate as intervenors in any adjudicatory hearing as part of the license application review process conducted by the Ohio Department of Health. The Board of Directors will award funding to intervenors who meet eligibility standards and are able to demonstrate need as established through rule-making.
CONCLUSION
The development of a regional low-level radioactive waste disposal facility in Ohio will not be accomplished quickly. The Authority's proposed development schedule calls for selection of a final site to be submitted for licensure in June 2000, and the beginning of facility operation five years later. A fundamental principle of the project from its inception in 1991 is that the acceptability of the facility will be directly related to the credibility of the process. The Board of Directors of the Authority recognized the link between process and outcome and has taken numerous steps to instill public confidence in that process.