Mr. President, in terms of my senior Senator, who I respect greatly, there is no doubt in my mind that he loves his State. Secondly, this is not about who loves South Carolina. We have a policy disagreement about what is best for our…
Mr. President, in terms of my senior Senator, who I respect greatly, there is no doubt in my mind that he loves his State. Secondly, this is not about who loves South Carolina. We have a policy disagreement about what is best for our State. That happens on occasion in politics. Senator Hollings has been more than gracious in terms of helping me adjust to the Senate and coming to my office, and I publicly acknowledge that. I regret that we differ, but we do.
I assure my colleagues that I just did not wake up one day, as the junior Senator from South Carolina, sneaking around everybody to come up with an amendment that would change the whole national policy on nuclear waste for the heck of it. I didn't do that. I have been in Congress now for 10 years and in the Senate for a little over a year and a half. In the House, I represented the Savannah River site, our State's largest employer. It is the facility that was intricately involved in winning the cold war. We have over 50 tanks full of high- level liquid waste.
The Clinton administration and myself had a bumpy road. I think it is fair to say I did not agree with the Clinton administration a lot, but one thing that we did find common ground about in the 1997 timeframe and I think Senator Allard probably remembers this--is that the Clinton administration came up with a new way of looking at high-level waste, how you characterize it.
There was a hearing about this in 2000 in the Senate before I got here. During the Clinton administration, the policy was--and before the Clinton administration--that if the material started out life as high- level liquid waste, no matter what happened in the
intervening time or whatever characterization it had after being treated, it would have to be considered high-level waste--defense material, high-level waste. The Clinton administration said that is not very logical. What we need to do is look at the characterization of the waste at the end, not where it came from. There was a hearing in May of 2000 about that concept. I supported that concept then and I support it now.
In all due deference to my senior Senator, there is nothing in this amendment that changes the definition of high-level nuclear waste. The way you look at high-level nuclear waste and the way you characterize it was changed in the Clinton administration in a logical way. We have cleaned up two tanks. That has been lost in this debate. There are 50- plus tanks of high-level liquid waste. Two of them have been dried up and cleaned up. The procedures to clean up those tanks have worked. That has been several years ago. This amendment allows more money to be put on the table to clean up the rest of the tanks.
Here is what we have been able to do. We have been able to strike an agreement between the environmental regulators in South Carolina and the Department of Energy defining what ``clean'' is in terms of those tanks. All of the liquid waste will be taken out. There will be about an inch and a quarter of material left in the bottom of the tank, like the other two tanks that have already been closed. There will be a process to treat that inch and a quarter. The NRC has been consulted and has blessed this project, saying what is left in the bottom of the tank after it is treated is waste incidental to reposit.
About people and their opinions regarding what is best for the safety of my State, my senior Senator has been an advocate for my State for a very long time. I respect him. I can assure you I share his concerns about what is best for the environment of this region.
I have some letters I would like to introduce. I have a letter from the Governor of South Carolina that I think he has already introduced. Last week, when we talked about this, Senator Hollings said he cannot believe the Governor would support this. He has been a great environmentalist.
Mark Sanford, our Governor, does have a very good environmental record, depending on what scorecard you want to look at. But Mark comes from the coast. I think most people would say he has been environmentally sensitive.
The letter that Senator Hollings read, please do not misunderstand at all, this is an absolute total endorsement of this amendment by our Governor. I am not the type of Senator who would not tell our Governor what we are doing. The Governor was given the language a long time ago.
On April 27, we had a delegation meeting about this language. I have been shopping this language around for weeks. We have been talking about how to clean up Idaho, Washington, and South Carolina for years. We have had hearings in Senator Allard's committee about this very topic, where DOE came in and talked about the plan to clean up these tanks and talked about the two tanks that had already been cleaned up.
There have been negotiations going on between Idaho, Washington, and South Carolina, independent of each other, with the DOE to try to find a common ground in those States as to how to clean up this high-level liquid waste.
To my colleague in Washington, who truly is a friend, and I am sorry we got so off stripped on this, we will get over it and work together for the common good when this is over.
On January 26, 2004, Congressman Hastings, Senator Murray, and Senator Cantwell sent a letter to Governor Locke and Secretary Abraham and asked them to work together to resolve the ongoing dispute over waste classification. They did a very good thing in that regard. I ask unanimous consent to print that letter in the Record.
Mr. President, the letter was an effort by the legislative delegation in the State of Washington to get the DOE to come up with some classification system for Hanford.
Our distinguished Presiding Officer from the State of Idaho has been working for months now for his State to see if they could come up with a classification system for the State of Idaho. In February 2004, the Governor of Washington indicated he would designate someone to enter into discussion on behalf of the State of Washington. Governor Locke's chief of staff called the Deputy Secretary to indicate he was the Governor's designee to hold discussions with the Department of Energy. Shortly thereafter, the Department of Energy shared draft language with the State of Washington.
What has been going on here for a very long time is a collaborative process between the three States and the Department of Energy to remediate the environment when it comes to high-level waste in a manner acceptable to the State. That is the process. That has always been the process, and that must be the process.
But here is what we do not want to do as we negotiate individually. We do not want to, as my senior Senator said, have a State have the ability to define high-level waste because it is a national concern and a national issue. So we have been jealously guarding that concept. This amendment does not give the State of South Carolina the ability to define high-level waste because we would have 50 different versions. What it does do is it requires a collaborative process. We have already closed two tanks, and before those two tanks could be closed, South Carolina had to issue a permit saying: Yes, they are able to be closed. This amendment gives the State of South Carolina permitting authority over tank closure. That is exactly what Washington and Idaho are trying to pursue.
Governor Locke has been working with DOE. The difference is South Carolina has gotten there, and to my friend from Washington, there will come a day--soon, I hope--where you can negotiate classification of waste with DOE satisfactory to Washington. And there will come a day when the Governor of Washington, whoever that may be, will say: That is a good deal. And the regulators in the State will say: That is a good classification with which we can live.
The truth is, if that day ever arrives, because of the way the Nuclear Waste Policy Act is written, you are going to need legislative language to bless that agreement.
Washington has a severe problem with tank leakage. I want to tell my
friends from Washington, if that day arrives to where you can find a standard acceptable to your State--
I ask for 5 more minutes.
If that day ever arrives, the Senator from Washington is going to come to this body, and I am going to help her. I say the same to my friend from Idaho. That day has arrived in South Carolina. We have vetted this proposal with everybody I know.
I ask unanimous consent that a letter from the Speaker of the South Carolina House, David Wilkins, be printed in the Record.
Mr. President, I ask unanimous consent that a letter from the deputy commissioner of the South Carolina Environmental Quality Control, Robert King, Jr., be printed in the Record.
Mr. President, this letter to me says that the agreement they have achieved with DOE is environmentally sound for South Carolina; we would like to move forward with tank cleanup. Here is why this is so important to my State: It will allow $88 million to be put on the table. It will allow these tanks, now that we have reached an agreement to become dry and safe and secure and closed up, to be closed 23 years ahead of schedule. I invite everybody in this body to come to Aiken, SC, and the surrounding community to enjoy golf, leisure, and fishing. I will take you fishing in the Savannah River, if you would like to go.
I do not want 23 years to go by and the chance of the tanks leaking to grow. I do not want the problem that Washington has. I want Washington to be able to fix their problem, and I will help the State of Washington. But I have a chance to do something in my State that we have not had a chance to do in 10 years. The origin of this being done started in the Clinton administration, and we are building on what happened then.
This amendment is focused only on the agreement in South Carolina. Senator Crapo, Senator Craig, and Senator Alexander have an amendment to make it absolutely certain. I think it already is, but I am not here to put any other State in a bad situation. I am not here to make Washington do what we are doing in South Carolina or to prejudice Idaho at all. I am just simply asking this body to listen to the people who are responsible for the ground water who tell me this is a good agreement, it will help my State if we move forward on it, and it will safe $16 billion, for whatever that is worth.
The attorney general of South Carolina was mentioned by my distinguished senior Senator. I have a letter from him supporting this agreement. I ask unanimous consent to print this letter in the Record.
Mr. President, when we talk about people with agendas, there are all kinds of political agendas when one talks about nuclear programs. That is just politics, and that is the strength of America. There is nothing wrong with that.
I have a letter from the Aiken County, SC, legislative delegation-- Democrat and Republican house members and senators--who say please approve this agreement because it will clean up these tanks ahead of schedule, and it will be a good thing for our community. The difference between them and the New York Times, which is a great paper, is they live there. The Savannah River site is located in Aiken, SC.
I ask unanimous consent that the letter be printed in the Record.
Mr. President, I have another letter from the mayor of Aiken, Fred Cavanaugh, who worked at this site, supporting this agreement. In addition, I have a letter from Ronnie Young, the chairman of the Aiken County Council, where the council endorses this amendment.
I have a letter from the Chamber of Commerce, the people who have to make a living. I can assure you the Aiken County Chamber of Commerce believes this will not poison the area. It will do absolutely the opposite. It will make it more attractive.
I ask unanimous consent to print those letters in the Record.
Mr. President, I have letters from the mayor of Jackson, SC, which is down site; the Aiken Electric Cooperative; the Economic Development Partnership from Aiken; the Nuclear Regulatory Commission has blessed this project saying that what is left in the tank is waste incidental to reprocessing; the Defense Nuclear Facilities Safety Board has looked at this amendment; the North Augusta Chamber of Commerce, a community on the other side of the site; and the SRS Retiree Association, people who worked their whole lives out there supporting this.
Mr. President, quickly, we will have more time to talk. This is a big deal to my State. Similar efforts are ongoing in other States, and I hope they get there. I am not going to do anything to prejudice their ability to get there on their terms. I am simply asking that the deal struck between the environmental regulators and our Governor in South Carolina be approved so that we can clean up the rest of these tanks, the 49 remaining, in an economically and environmentally sound fashion.
That is all this has ever been about.
I thank the Senator for yielding.
The long and short of this is that all three States--South Carolina, Idaho, and Washington--have been negotiating to define waste classification standards in their States for a long time.
On January 26, 2004, Congressman Hastings, Senator Murray, and Senator Cantwell sent a letter to Governor Locke and Secretary Abraham that asked them to work together to resolve the ongoing dispute over waste classification. Please listen to what I
just said. There has been a process in place in Washington since January 26 to try to find a way to reach an agreement with the Department of Energy to classify waste in that State so cleanup can move forward.
The letter did not say, call Lindsey Graham from South Carolina and see if you can get his permission. It did not say, call Larry Craig and Mike Crapo. It said, call Spence Abraham and see if you all can work together.
The Governor wrote back to the Deputy Secretary of Energy and said that the Governor's chief of staff would be the point of contact for negotiations February 12, 2004. From mid-February to April 13, they have been sending drafts back and forth about how to define cleanup and what is clean in Hanford. They have been doing the same thing in Idaho. We have been doing the same thing in South Carolina. All of us have one thing in common: We oppose the Department of Energy's efforts to unilaterally determine what ``clean'' is and walk away.
That is why we had the lawsuit. That is why South Carolina joined as a friend of the court. The letters my friend from Washington read, about South Carolina objecting to DOE's moving forward, was an objection to a unilateral process where DOE would have the final say about how to clean up the tanks and remove waste.
All of us in all three States believe we should be involved. But it has never been the policy or the process where all three States have to agree to the same standard because, Members of the Senate, that is impossible to achieve because the waste scenario and the waste stream problems in Idaho are completely different.
The film we are trying to leave behind in South Carolina, that inch and a quarter of film that will be left in South Carolina and not sent to Yucca Mountain, doesn't exist in the tanks in Idaho, and the tanks in Washington have a totally different design.
Three States have been working in the defense arena to find a common ground with DOE to make sure the States don't get left holding the bag, and we also made sure no State can take over defining ``high-level radioactive waste.'' That stays with the Federal Government. But the agreement we have achieved said the State of South Carolina has the final permitting authority and you cannot leave those tanks in a condition that will hurt South Carolina.
They are trying to do the same thing in Washington and Idaho. I hope they get there. But if they do get there, they are going to have to do the same thing I am doing today. They are going to need legislative language blessing that agreement. There will be an amendment of the Waste Policy Act. That is going to have to happen. In 1995, legislative language was brought to the Senate to bless an agreement Idaho achieved regarding another waste stream. That is going to have to happen. I hope I will be man enough, Senator enough, not to stand in the way. If the Governor of Idaho, the Governor of Washington, the attorney general, the environmental regulators, the chamber of commerce, the mayor of the Hanford community, the communities involved in Idaho--if they say we have a deal that doesn't affect or prejudice my State or change nuclear policy in any significant way, I hope I will say: Go forward; God bless you; I am glad you were able to reach an agreement to clean up your States because you fought very hard to win the cold war.
For those who are worried about the safety issue in my State, I appreciate the concern. I did not make up this scenario. I am reacting to input from my State. I have been involved in the negotiations. They called me. They drafted the language and they have told me, and sent letters--the Governor and the environmental regulators: We have a deal, Lindsey, that we can live with. We have already closed up two tanks of the 51. So we know in South Carolina, unlike the other two sites, we can extract the liquid waste, grout the tank, and have it not affect the ground water because we have done it twice and we are trying to move forward at a faster rate.
They are telling me: Lindsey, we have a deal that will allow us to clean up the tanks and get the liquid waste out 23 years ahead of schedule and save $16 billion.
I say to my colleagues, I cannot make that happen unless you allow it to happen. If it does happen in Idaho and it does happen in Washington, and I believe it will one day, you are going to have to do the same thing for those States.
To my friends in New York, the waste stream you are discussing and that you talked about on the floor is not remotely similar to the waste stream we are talking about here. This is defense waste.
To my friends in Maine who have spent nuclear fuel, it is covered under a whole different section. Here is what you have to understand. If you have spent fuel rods in your State, defense waste has priority in Yucca Mountain. If we are going to insist the cleanup standards be beyond what good science says and we are going to take that extra 23 years and spend that extra $23 billion, you are going to run out of space in Yucca Mountain to send your spent fuel.
I say to my friend Senator Enzi, thank you. Every State has an obligation to help where it can. South Carolina can retain the film on the bottom of these tanks in a safe and sound manner, and it is not necessary to extract it, take 23 years, and spend $16 billion to send it to Nevada. We can safely take care of it in South Carolina. We have done it twice and we want to do it more so we can get this waste out of the tanks, because the biggest threat to my State and to all the States is seepage and leakage of the waste.
Washington has a problem. Of all the States, Washington needs to reach agreement to make these tanks dry. I don't want to be a Washington. I don't want to look back 10 years from now and have this process slowed down to a crawl and my ground water get contaminated.
The NRC has said this is safe and that what is left in the tank is no longer high-level waste; it meets the definition of low-level waste. About hearings, Senators Allard, Inhofe, Domenici, have been talking about the plans to clean up the tanks in three States for well over 4 years. The Department of Energy has been working with each State with a separate cleanup plan for a long time. They have been negotiating with Washington since January. We have discussed how you would treat South Carolina, Idaho, and Washington through hearings in an exhaustive manner.
If you make us have more hearings, I am going to be right back here asking you to bless this agreement because the agreement has been a collaborative process that has been going on for 2 years and all you are going to do is throw us in chaos because if we can veto each other, then we will never clean up. If you are insisting on a standard that fits all of these sites, it will never be reached.
Mr. President, I commend to my colleagues the transcripts from the Armed Services hearing of February 25, 2004--what we talked about, the waste cleanup process; Senator Domenici's Energy and Water Subcommittee hearing of March 31, 2004, same topics discussed; and pages 1 through 47 of the EPW committee hearing of July 25, 2000.
My colleagues, I need your help. I want to make sure the tanks don't leak. We have a sound plan that will not affect your States. It will only help mine. I want to help you. Please help me.
Mr. President, I ask unanimous consent to have printed in the Record an editorial from the Augusta Chronicle, which is the major newspaper at the Savannah River site, supporting my efforts with this amendment.