December 26, 2005

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Envirocare Building Rail Spur at Expansion Site
By Judy Fahys
Salt Lake Tribune
December 16, 2005

Even as an environmental group is appealing Envirocare of Utah's application to double in size, the radioactive waste company is making some of the improvements it listed as part of its expansion.
   

Envirocare is building a new rail spur to make its operations more efficient, said Tim Barney, Envirocare senior vice president. State regulators do not need to monitor spur construction on the proposed 536-acre expansion area because it does not involve handling waste headed for the landfill, he said.
   

Division of Radiation Control Director Dane Finerfrock said his agency has no oversight role in the new rail spur construction because it does not involve questions of radiation safety.
   

"If it is not a regulated facility, then the property owner is free to develop it as they wish," said Finerfrock.
   

Meanwhile, the Healthy Environment Alliance of Utah (HEAL) won a partial victory Tuesday in its efforts to block the expansion.
   

The environmental group will be able to question a top official of Envirocare of Utah, but it cannot take depositions from three other Envirocare officials, according to a ruling by state Radiation Control Board member Karen Langley. Langley is the hearing officer in the environmental group's appeal of the license state regulators approved last summer to allow the Tooele County hazardous waste landfill to expand.
   

HEAL contends the Utah Division of Radiation Control gave legal and technical approval for Envirocare's expansion request before getting important details, such proof that the site is suitable for radioactive waste disposal and that the company is prepared to pay for operating and eventually closing the expanded facility safely.
   

Envirocare regards HEAL's efforts as "a fishing expedition" aimed at raising donations. Company Vice President Tim Barney applauded Langley's ruling that HEAL could not question him, President and Chief Executive Officer Steve Creamer and Chief Financial Officer Chip Everest under oath.
   

"You can't allow someone to abuse the process like that," he said. "Government can't allow anyone - interest groups, activist groups or even industry - to abuse the process. It's ridiculous."
   

But Wednesday's decision was a key victory for HEAL. Its attorneys will be able to question, under oath, Compliance and Licensing Vice President Tye Rogers, who in detail, attacked plans for a radioactive waste disposal site on the same acreage when it was owned by someone else.
   

With Envirocare poised to push forward with its expansion during the 2006 Legislature, which begins next month, there are too few specifics available for lawmakers to assess the wisdom of allowing the waste facility to grow, said attorney Brad Parker, who represented HEAL in Wednesday's hearing.
   

"We believe the Legislature is being duped," he said, noting that lawmakers are likely to be asked to give broad-brush approval of the expansion without full disclosure from Envirocare. Meanwhile, Gov. Jon Huntsman Jr. has said he will not approve the expansion, and under current law his vote would be necessary for final licensing.
   

Parker is part of a new group of attorneys that formed this week to keep nuclear and radioactive waste out of Utah. Trial-lawyers Representing Utah's Environment (TRUE) has pledged to help HEAL in the regulatory appeal.
   

"While we believe the governor's position is clear and unalterable, because Envirocare is still pursuing licensing, TRUE will actively pursue strategies to block Envirocare's efforts," said Jim McConkie, a founding member of the group.
   

Before the attorneys volunteered to assist the environmental group, HEAL had no on-staff legal expertise and was unsuccessful in getting what it says are crucial documents and depositions from the company for the appeal.