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July 04, 2005

The Statesman: An Apologist for Rad Waste?

By John Pruett

Today’s Statesman article on the proposed radioactive waste dump in Andrews County misses the point. Sure, I’ll grant that most of the county’s residents may support the plan, minus a few holdouts who haven’t received the memo describing how large quantities of radioactive waste are great for their community. Andrews has fallen on tough times, and the area faces difficult economic choices if it is to grow.

Besides the obvious problems associated with radioactive waste, the project also reeks of private profiteering and Republican politics. The article mentions off-hand:

If Waste Control Specialists gets the proper permits, the Dallas-based company will become the first in the country licensed to profit from burying and guarding nuclear waste.

However, it fails to report that Waste Control Specialists is owned by none other than Harold Simmons, a billionaire from Dallas and one of the largest donors to Texas Republican candidates.

His money has reached the campaign coffers of virtually every Republican currently in office, according to filings with the Texas Ethics Commission. The list includes heavy-weights such as Governor Perry, President Bush, Attorney General Abbott, Comptroller Strayhorn, Speaker Craddick, Lt. Gov. Dewhurst, and Sen. Hutchison.

Simmons’s companies also have a history of pollution liabilities. Texans for Public Justice reported in 2001:

Simmons’ NL Industries faces a slew of toxic lawsuits for the lead that it added to paint and spewed on a Dallas neighborhood. 5 Regulators have named NL as a “potentially responsible party” for many toxic Superfund sites, including Dallas, Waller and Hardin Counties sites.

This year, TPJ reports:

WCS donors contributed more than $1.5 million to Texas state candidates and PACs since 2001, with most benefiting Republicans. They also gave $50,000 to Free Enterprise PAC, which attacks moderate Republicans for purportedly being soft on abortion or gays.

The Statesman also ignores the fact that WCS has faced fierce opposition to its attempts to create a radioactive waste facility in West Texas. In 1995, the state refused to allow WCS shipments of radioactive waste. Then again in 1998, the state environmental agency turned down similar plans for a Sierra Blanca site. The current battle over Andrews County has dragged on for years, despite Governor Perry’s not-too-surprising authorization for such a site in 2003.

The point of this whole affair is that WCS, with Republican backing, has been preying on small communities. They prefer to leave them with the toxic waste and take the profits. To make matters worse, the Texas Observer remarks that the Andrews site could easily end up storing radioactive materials for many years to come, thus becoming a permanent disposal site. I doubt the future generations of Andrews will be quite as eager.

Posted by John Pruett at July 4, 2005 05:12 PM | TrackBack

Comments

You're a little off base on this. The Andrews project has been on and off again for years. And Waste Control Specialists will still have to go through the rigorous permitting process to open their facility...the same process that it would have to go through if it were owned by Dems, Martians, or anyone else.

Posted by: Kris Alexander at July 5, 2005 09:21 AM

"Rigorous permitting process"? By TCEQ? That's a laugh.

HB 1567 from the regular 2003 session that formally established the dump had the State Health Services Department, not even TCEQ, in charge of permitting the dump. Fortunately, that was changed this past session so that TCEQ has more control, but it's still inadequate oversight -- mainly for the massive amount of federal waste from Fernald (that was, BTW, never discussed when the Lege met in 2003).

WCS has and will continue to poke holes in the permit it got from the State HS Dept, for the millions upon millions (rumored even in the billion) of dollars in profits it seeks from the state and federal dumps it now operates. I think it was a good post.

Posted by: atrain at July 5, 2005 02:17 PM

Kris, you are definitely correct to the extent that WCS has been slowed by the permitting process. Nevertheless, you overestimate TCEQ's ability and will to critically investigate the proposal before issuing a permit.

Texas environmental regulations are modest at best, and it doesn't help that TCEQ hasn't seen a substantial budget increase in almost ten years. In fact, they've had to cut funds for areas such as enforcement, investigations, and permitting.

For instance, Perry just recently signed HB 1609 which effectively takes away the public hearing requirement before issuing a municipal waste dump permit. A similar bill was filed during the regular session by Rep. Bonnen, and it applied to all TCEQ waste permits. Luckily it didn't pass.

Also, keep in mind that he who has the gold makes the rules. Simmons, WCS, and all the officeholders who've received donations from them have the ability and will to change the laws to suit their interests.

Ultimately, the permitting issue is merely a side issue. My original argument as described in my post was that WCS will be the first private corp. in the nation to profit from nuclear waste dumping. Furthermore, WCS would not have made it this far without the backing of those in power.

Posted by: John at July 5, 2005 04:21 PM

I was under the impression that this facility would also undergo DOE certification. Perhaps that's changed or I'm mistaken. I don't mind that it's a private firm doing the disposal as long as there is proper government oversite. Afterall, it is private waste that's being disposed.

Of course, you are right about TCEQ's lack of enforcement capability and Texas' weaker than water, too business friendly environmental laws.

Posted by: Kris Alexander at July 5, 2005 04:46 PM

At least one of Simmons's daughters has become a substantial donor to Dallas Democratic causes in the past year. And it's the trust fund shared by her and her siblings that apparently actually owns NL Industries, although Simmons presently runs the firm. There has been a substantial amount of litigation between the kids and Dad over control of the various entities, but the upshot appears to be that the money will eventually end up (at least in part) supporting Democratic causes.

(not that it matters at this instant, but it's still an illustration of irony)

Posted by: precinct1233 at July 5, 2005 10:17 PM

And while we are at it, here is a fun little survey pointing out which state has the highest risk per capita of hazardous waste in the event of a disaster:

http://www.reviewjournal.com/lvrj_home/2005/Jul-06-Wed-2005/news/26836732.html

Sleep tight.

Posted by: Tug at July 6, 2005 09:41 AM
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