Assistance for the States : States have the primary responsibility for protecting the public in their jurisdictions. The Midwestern states can develop their own plans and procedures for responding to an incident involving radioactive material shipments. In most instances, these plans should be part of overall emergency response plans covering all types of hazards. In addition to emergency response plans, the Midwestern states are also responsible for ensuring the safety of the public during routine transportation. Activities related to the safe, routine transportation of radioactive material include inspections, escorts, satellite tracking, contingency route designation, public information activities, and other operational activities. These activities contribute to shipment safety and increase the likelihood of public acceptance. Because shipments translate into real costs for the states, shippers should anticipate that some states could have financial assistance needs in connection with their shipments. Cooperation with the states is crucial for the safe and efficient transport of spent nuclear fuel regardless of the shipper. It is the recommendation of the Midwestern States that private shipments of spent nuclear fuel be handled in a manner similar to those conducted by DOE. Private shippers should cooperate with the states on the routing of the shipments. Private shippers should also provide financial and technical assistance to the states for emergency planning, training, and equipment. Under Section 16 of the WIPP Land Withdrawal Act, DOE is obligated to provide funding and technical assistance to corridor states to support accident prevention and emergency preparedness in connection with shipments to WIPP. In addition to providing such assistance for training and equipment, Section 16 also requires DOE to provide “in-kind, financial, technical, and other appropriate assistance” to affected states for transportation safety programs that are specific to WIPP. The Midwestern states believe that, as a matter of policy, all of DOE’s shipments of transuranic waste should be treated as “WIPP
shipments.” Without financial assistance or some other source of revenue, the states would not be able to devote significant resources to developing state and local capabilities specifically for shipments of radioactive waste and material, including shipments of HRCQ material. WIPP funding, for example, helps to defray the costs to state taxpayers of public safety actions in connection with shipments (e.g., safety inspections, security and health physics escorts, emergency responder training, and public information). Private shippers do not provide this type of funding to states in connection with shipments of HRCQ material, even though these materials pose a greater hazard to the public than transuranic waste shipments. As a result, some states have enacted fee systems designed to help offset their costs (see Appendix D). Federal hazardous materials transportation law permits states to charge reasonable fees on shipments as long as the revenue is used for purposes related to hazardous materials shipments. The activities the states undertake in connection with HRCQ shipments are similar to those necessary in connection with shipments of spent nuclear fuel. State shipment fees make it possible for state agencies to undertake these important public safety measures. Section 180(c): Section 180(c) of the Nuclear Waste Policy Act of 1982, as amended (NWPA), requires DOE to provide similar assistance to help states prepare for shipments of spent nuclear fuel and high-level radioactive waste to a federally owned repository or monitored retrievable storage facility. Assistance is not required to be provided to states in preparation for shipments to privately owned interim storage facilities. The Midwestern states maintain that funding and technical assistance under Section 180(c) should be available to the states at least four years prior to shipments. Section 180(c) funding should be predictable and should allow states the maximum flexibility to implement training programs that best meet their needs.
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