January 28, 2006

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N-Dump Site Won't Expand, For Now
Envirocare: The move was approved, but skeptics say the firm is waiting for a more favorable political climate
By Judy Fahys
Salt Lake Tribune

January 27, 2006

Envirocare of Utah said Thursday it is dropping plans for now to seek final approval for its expansion.
   

The company, which disposes of hazardous and radioactive wastes, made the announcement shortly after the state Radiation Control Board unanimously cleared the way for Capitol leaders to sign off on plans to double its size.
   

The board's decision represented a defeat for the Healthy Environment Alliance of Utah, which had appealed a decision by state regulators to grant the expansion request. Jason Groenewold, HEAL's executive director, took no comfort in the company's decision to back off on the expansion, and he predicted the plan will be revived.
   

"We're definitely appealing," he said. "We are absolutely looking forward to getting this into a real court before a real judge."
   

Envirocare has fought battle after battle in the past year for the expansion, which would have added most of an entire, mile-square section to the mile-square site it already operates.
   

"In this instance," the statement said, "we feel it is in everyone's best interest to announce that we will not pursue legislative approval for [the new section] at this time."
   

The company did not respond to a request for further comment.
   

Envirocare has operated in the west desert for 18 years, treating and disposing of low-level radioactive waste primarily from nuclear power plants and government cleanups around the nation. The site was grandfathered in when political leaders set up a multistep review process in 1990, and it never before has asked the Legislature and the governor to approve of a major project using that system.
   

Last year, the company withdrew its application to begin disposing class B and C waste, which is hundreds or thousands of times hotter than the waste currently permitted at the site. Soon after, the Legislature banned B and C waste.
   

In November, Gov. Jon Huntsman Jr. said he would not approve the expansion. But legislators are considering a bill that would allow them to override a governor's veto of commercial waste sites such as Envirocare's. SB70, now advancing in the state Senate, would give lawmakers veto override authority if the governor rejects a waste site.
   

Groenewold said Envirocare is "just waiting until it's easier to get their approvals without a governor on board."
   

The Radiation Board, acting as adjudicators, considered HEAL's appeal over the past few months. Members were set to approve the boundary change at a Jan. 6 hearing but asked for wording in the final decision that would underscore that their approval was for a boundary change only, not for waste disposal on the new acreage, which would require an in-depth safety and engineering review that has not yet been done.
   

The board also questioned whether Envirocare would be free to parlay the fence line change into "pre-approval" by the Legislature for treatment and disposal before the in-depth review is done. But Assistant Attorney General Fred Nelson told board members that how the Legislature deals with the license is none of their concern because the board has no control over the bills lawmakers consider.
   

The approvals Envirocare has received so far for its expansion do not lapse until 2009. So, it's possible the company could renew its request for final approval in any of the next four legislative sessions.
   

fahys@sltrib.com