Figure 1. The Midwest Compact
Audeen W. Fentiman
Tamara L. Leyerle
Joyce E. Meredith
The Midwest Interstate Low-Level Radioactive Waste Compact is a group of Midwestern states, including Indiana, Iowa, Minnesota, Missouri, Ohio, and Wisconsin, who have agreed to share the responsibility of low-level radioactive waste disposal. Michigan, initially a member of the compact, was projected to generate the most low-level radioactive waste of all the states in the Midwest Compact region. For this reason, Michigan was chosen to host the first low-level waste disposal facility for the Midwest Compact. Ohio was projected to be the second largest generator and was chosen as the first alternate host state.
Michigan failed to fulfill its obligations as host state and its membership in the Midwest Compact was revoked in 1991. At that time, Ohio became the host state for the Midwest Compact's low-level radioactive waste disposal facility. As the Compact's host state, Ohio must now work toward locating, designing, building, and operating a low-level waste disposal facility in order to fulfill its responsibility.
This fact sheet outlines the history of the Midwest Compact and Ohio's role in it.
Through 1992, low-level radioactive waste was disposed of at one of three operating disposal facilities in the United States: Beatty, Nevada; Richland, Washington; and Barnwell, South Carolina. In 1979, the governors of these states demanded that plans be developed for new disposal sites and a more equitable distribution of disposal responsibility among the states. In 1980, Congress enacted the Low-Level Radioactive Waste Policy Act, which requires states to dispose of their own low-level waste. This act encouraged states to form interstate compacts, or regional associations of states, for the purpose of low-level radioactive waste disposal. After passage of this act, several Midwestern states began formal negotiations on the formation of an interstate compact for low-level waste disposal. The resulting seven-state compact eventually became known as the Midwest Compact (see Figure 1).
Figure 1. The Midwest Compact
In October of 1982 the document outlining the formal provisions of the Midwest Compact was completed. States desiring to join the Midwest Compact were required to enact this document as law by July 1, 1984. After it had been enacted by the legislatures in Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin, and signed by their governors, the Midwest Compact was consented to by Congress in 1985.
The states of the Midwest Compact agreed that each state would take its turn in hosting a disposal facility for the Compact. The states determined that the host state was responsible for the location, design, construction, and operation of the regional disposal facility. The Midwest Compact also required approval from the host state before admitting any new states to the Compact or accepting any low-level radioactive waste from outside the Compact borders.
Before voting on the compact issue, the Ohio legislature debated whether to join the Midwest Compact or establish its own low-level radioactive waste disposal facility. The legislature voted to become a member of the Midwest Compact and enacted the Midwest Compact legislation. On April 23, 1984, Governor Richard Celeste signed the legislation into law, and Ohio officially became a member of the Midwest Compact.
To select the first host state, the Midwest Compact primarily considered the quantities of waste generated by each state. The two main factors considered in the selection process were 1) the volume of low-level radioactive waste each state was estimated to generate during the 20-year operating life of the Midwest Compact's first disposal facility, and 2) the activity of that waste. (Activity is a measure of the rate at which radiation is emitted by the waste.) The Compact also considered transportation factors in selecting the host state.
In June of 1987, Michigan was chosen as the Midwest Compact's first host state since it was projected to generate the largest amount of waste during the 20-year operating period of the first disposal facility. After this 20-year period, disposal responsibility would shift to another state in the Midwest Compact. Ohio was chosen as the first alternate host state for the first regional disposal facility because it was projected to produce the second most waste. Minnesota was the second alternate host state.
According to the provisions of the Midwest Compact, the host state is responsible for choosing possible locations for a low-level radioactive waste disposal facility within the state's borders. The state is also responsible for the timely development and operation of the disposal facility. In December of 1987, Michigan enacted siting legislation, which outlined the criteria that would be used in selecting a site for the disposal facility. By October of 1989, the Michigan Low-level Radioactive Waste Authority had designated three Candidate Areas as "potentially suitable" for building a low-level waste disposal facility.
By March of 1990, Michigan had eliminated two of its three Candidate Areas. No new areas were selected to replace the two that were eliminated. This prompted the Midwest Compact to adopt a resolution expressing concern over the current status of the Michigan site selection process.
On May 23, 1990, the Michigan Low-Level Radioactive Waste Authority eliminated the last Candidate Area. As a result, on November 10, 1991, the states with the three operating low-level radioactive waste disposal facilities (Nevada, South Carolina, and Washington) denied Michigan access to their facilities.
In July of 1991, the Midwest Compact revoked Michigan's membership based on numerous actions which indicated that Michigan would not fulfill its obligations as host state. As first alternate, Ohio automatically became the host state for the first regional low-level radioactive waste disposal facility. With Michigan no longer in the Midwest Compact, Ohio is projected to be the largest generator of low-level radioactive waste. Ohio is projected to generate 37 percent of the total Midwest Compact volume and 37 percent of the total activity during the 20-year operating life of the first disposal facility (see Figure 2).
Figure 2. Percent of Projected Waste From Each State in the Midwest Compact During the 20-year Operation Period of the First Disposal Facility
Although Michigan is no longer responsible for building the Midwest Compact's disposal facility, it will still need to eventually provide disposal capacity for low-level radioactive waste generated within its borders. Congress allows compact disposal facilities to refuse low-level waste from outside their borders. However, since Michigan is no longer in a compact, it does not have Congressional authority to refuse waste from other states if it builds its own disposal facility.
Siting activity cannot begin in Ohio until the General Assembly enacts enabling legislation that defines the process by which a disposal facility will be sited and built. On October 30, 1992, Ohio Governor George Voinovich appointed a Blue Ribbon Commission to provide information and advice to the General Assembly on criteria for selecting a location for a low-level radioactive waste disposal facility. The Blue Ribbon Commission is composed of experts in geology, biology, health, and engineering as well as an interested citizen and a representative of a low-level waste generator. The Commission has sought input from the public through 12 public hearings held at locations throughout Ohio.
Another prominent group, the Ohio Low-Level Radioactive Waste Advisory Committee, is chaired by Ohio's representative on the Midwest Compact Commission. The Committee will provide information and advice to the General Assembly on issues related to designing, building, and operating the low-level radioactive waste disposal facility. Both the Blue Ribbon Commission and the Advisory Committee are expected to submit recommendations on enabling legislation to the General Assembly in mid-1993.
At this time, the Midwest Compact has three main roles. First, the Compact is responsible for making sure adequate progress is being made towards developing a regional low-level radioactive waste disposal facility. The Barnwell disposal facility in South Carolina has agreed to accept waste from the Midwest Compact states through June 30, 1994, as long as timely progress is made on developing a disposal facility. Second, the Midwest Compact will provide information to help low-level radioactive waste generators with proper storage of their waste until a regional disposal facility is operating. Third, the Midwest Compact will assist Ohio in fulfilling its host state responsibility and will propose amendments to the Compact that will address concerns expressed by Ohio.
If you want to read more about the history of the Midwest Compact, the reference listed below may be helpful.
"Midwest Interstate Low-Level Radioactive Waste Commission -- Update ", available from:
Midwest CompactDr. Audeen W. Fentiman is an Assistant Professor in Nuclear Engineering at The Ohio State University. Tamara L. Leyerle is a Graduate Research Associate, Ohio State University College of Law. Joyce E. Meredith is a Graduate Research Associate, Ohio State University Extension.
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