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' . .W ' ' * . . - .. . L._ . 18457 ** ' The Federci power to Esn comm rci:1 I.*I12 rough treffic restrictions trcnsportation of specific hazardous - materials existed and was administratively .I Research and Special Programs 3, jpp,ff,,,.s rest andSecond Arsuments I Administration exercised even before the liMTA was hmrs ruling that Boston *a routing enacted. a fact that we believe was known to (inconsJstency Fluling. lR 3] requirement is incons; stent does not conform Congress when it passed that act. since the with the criteria adopted in its own ifMTA expressly recognized the preexistence i Cit / of Boston Rules Governing regulations (49 CHI 107.2tMc)). IR-3 does not of a hazardous materials regulatory program Transportation of Certain Hazardous find that Boston rules willcause an (see section 114 !!MTA). The Materials Materials by Highway Within the City unnecessary delay. IR-3 does not cite a basia Transportation Bureau (MTB) continues to in the llMR or the iB{TA for a required exercise that power by banning unsafe a AGENCY: Materials Transportation safety analys:s. MTB can't conclude that the materials. " forbidden materials", from Bureau (MTB). Research and Special Boston rule la en obstacle unless it compares commercial transportation. The MTB recently ~ Programs Administration (RSPA). route alternatives, and it can't rely on reviewed the list of forbidden m.iterials and Transportation (DOT). diversion of traffic into other jurisdictions for substantially sugmented it (see IN-159 at 45 SUMMARY:This notice of Decision on such a conclusion because there is no basis FR 34570-34571, May 22.1980; 44 FR 43861. Appealis the opinion of the h1TB in the HMR or ifMTA. July 26.1979; 43 FR 7449. February 23.1978). M'Iva ruling on Bostan's routmg Local transportation bans export risks from concerning whether the City of Boston's ' one jurisdiction to ano:her. IR-3 addressed regulations implementing the "9"I''**"' I*il* to c mply with court- ' established rules concerning the validity of the problems caused when a local jurisdictioa 4 Ordinance Regulating the State end local laws regarding highway does not evaluate the effects of an exported Transportation of flazardous hfaterials,, safety (i.e., the assumption that the hirtoric risk on another jurisdiction or does not are inconsistent with the llazardous police powers of the crates are not consult other junsdictions and consider their hiaterials Trang.ortation Act (lih1TA) superceded by Federallaw unless that is the risks in comparing them with the risks it is or regulations issued thereunder and clear and manifest pu ; ose of Congress). avoiding by resorting to a ban. While a thus preempted as set forth in Section Response:In IR-3 we stated the view that jurisdiction can be assumed to have reduced its own risk by exporting it, there is no ressoa 112(a) of the IlhfTA. If the safety benefits to b9ston as a result of to think that,overall risk is reduced unless tha D ATc Effective April 16.1982. Its circuitous routing rules do not a weed the risks imposed thereby on other jurisdictions, changes in risk have been analyzed from all FOR FURTHER INFORMATION CONTACT 1 the delay is unnecessary and the rules are perspectives, including the perspectives of Patricia S. Crockett. Attorney. Office of inconsistent with the llazardous Materials the jurisdictions to which the risk is shifted, the Chief Counsel. Research and Special Transportation Act (IBfTA) (49 U.S.C.1801 Even where the long. term risk is reduced by I'rograms Administration. Department cf et seq.) and the IBiR (49 CFR parts 171-179). avoiding a local jurisdiction, those Transportation. Washington. D.C. 20590 Delay is significant in hazardous materials jurisdictions to which risk is shifed are likely (telephone (202) 755--1972). transportation because it threatens public to be unaware of the nature std extent of the risk until 41 ocutally materialim and they William J. Driue!!, safety by increasing the total amount of time the public is exposed to risk between loading may be unprepared to de.1 with it u.Jcss Chief Counsel. R. e.warch and Special and delivery. Under the IIMR. the carrier, not some prict consultation has occurred. In Programs Admimstration. local or State jurisdictions. must judge short. a unilateral ban lacking Apnl 16.1982. whether a delay is necessary or not. (49 CFR interjunsdictical perspective and driven by Mr. John R. Devereaus. 177.853(a)). the isolated interett of one jurisdictsen. is Assistant Corporotion Counsel. Boston City An examination of the map suggests, and entitled to no practical assumption in favor of floll. Boston. Massachusetts cros the Boston's appeal data show, a longer increased public safety. Such avion may be Dear Mr. Devermu This responds to your travel time on the bypass route than the assumed cnly to move the risks from one letter of july 10.1981, as modified by your through-City roade. Since Puston is, in place to another. July 13 letter. appealing IR-3 (48 FR 18918, essence, construing 49 CFR 177.853(a) and While a local ban is not a reasonab!e public safety tool, complete avoidance of a March (u.1981) as far as I? dealt with eliminating carier judgment by directing through. traffic restrictions (il 5.01.5.02. 5.04 carriers away from the City. IR-3 concluded local jtrisdiction may be justified and can be and 5.05) and reporting requirements (il 9.0 that Boston must show that a carrier. if accomplished in par ricular circumstances. 9.1) of the Boston regulations. We also have presented the informWn the City used to Those circumstances can be accommodated by a waiver of Federal preemption under examined depositions taken of State and make its routing dects.on. would reach the section 112(b) of the HMTA. a:.tlon by a State local officials provided by American same conclusion.The safety analysis suuested in IR-3. Inc!cding participation of agency, or joint action by all affected local N"g A:nd' ions. Inc. (ATA)(r:ht-d L junsdictions. T! e two latter courses of action. American TrucAing Associations. Inc. r. affe d parties, is an elementary way to dem trate that Boston's throgh. traffic in our view, result m regulation that is not , Boston. D. Mass., CA81-MS-MA). as tru!y a ban, since they involve the selection I restri ons produce a net pubhc safety requested in their letter of June 22.1981, improvement. Use of ' Guidelines for of the safest from among routes nailable liowever. in hght of your letter of June 30 Applying Criteria to Designate Routes for withm the combmed junsdictions taking 1981. those depositions were not considesed Transportiry; Hazardous Materials' (FHWA- action. A local jurisdiction need not act in i d IP-8G-15)is sufficient for that purpose. isolation and there are good reasons why it 2 ATA ind c b tro 1 1 81* that The power to ban. as contrasted with the should not. It had no further comments on your appest. power to channel and guide the flow of For the prcposition that IR-3 is at odds As a result of examining the matenals hazardous materials highway traffic,in our with court established critena regarding submitted.1 hereby withdraw my previous view, is exclusively Federal. The nature of preemption of!ccal by Federal regulation. , conclusions of inconsistency for il 5.01. 5.02' the subject matter and the structure and Boston cites both Commerce Clause and N Q. 5.04 and 5 05 of the Baton regulations purpose of the !!MR and the HMTA suppcrt Supremacy Clause cases. Commerce Clause n concermng restrictions on through. traffic and this view. Hazardous materials packaged cases occur when preemption oflocallaw is k q. state that I am unable to reach a conclusion and handled as required by the HMR. are asserted in the absence of Congressional mm as to whether those sections are inconsistent safe for inovement in interstate commerce. legislaiton on a subject. Since Congress has I with the Federal Hazardous Materials The HMR assume that they move freely and legislated on the subjects at issue in IR-3. g Regulations (liMR). For t'ose sections. the expeditiously under levels oflocal regulation Commerce Clause cause are not directly inconsistency ruling is indeterminate. My appropriate to localhighway traffic flow relevant.exc.ept as they provide context. . OM prnious finding of intnnsistency for section management considerations and emergency Recent Com:nerce Clause cases suggest, no 9. regardm, g wntten incident reports. I response planning and management. A however, that even in the absence of Federal - NLL confirm unchanged. No other aspects of IR-3 anilateral local ban is a negation, rather than legislation, resolution of a local were raised in Bos?on's appeal or are an exercise, of local responsibility, since it transportation problem by exporting that y]ng considered here. My basis for this result isolatesis the local junsdiction from the tids roblem to another junsdiction is not a m a.a. addressed in detail below. associated with the commerciallife of the egitimate local purpose. The U.S. Supreme nation. Court in 1978 seems to have reached this

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conclusion in Philodelphia v. New /ersey, 437 Congress".This assumption provides B. Appellant's Third Argument U.S.617. In striking down a New Jersey assurance that "the federal. state balance." prohibition against the interstate rnovement will not be disturbed unintentionally by Milrs requirement that Boston use a of solid weste.the Court held: Congress or unnecessarily by the Co.urts. But particular governmental process in (W)hatever New Jersey's ultimate purpose, when Congress has " unmistakably .. formulatmg its hazardous rnatenals it may not be accornplished by discnminating ordained" that its enactments alone are to regalations lacks a legal basis and is egainst articles of commerce comitig from une natitutional ss a violation of the powers regulate a part of commerce state laws , outside the State unless there is some reason. regulating that aspect of commerce must fall reserved to the States by the Tenth ! apart from their origin, to treat them Amendment to the United States (catations omit'ed) * ddferently. (626-427) It then added: . , , , , Response:The legislative history of the Congressional enactments that do not INTA clearly indicates that the intent of What is crucialis the a; tempt by one State exclude all state legislation in the same field Congress in enacting section 112 was to to isolate itself from a prob!ern cornmon to nevertheless override State laws with which preclude State and local governments from many by erecting a barrier against the they conflict * * * Our task is "to determine enacting piecemeal restnctions on hazardous whether, under the circumstances of this mosement ofinterstate trade. (628) materials transportation. In the portion of the in Conso//datedFnightway Corp. v. particular case (the State's) law stands as an Committee report relating to section n2. the Kassel. 475 F. Aupp. 544 (S.D. Iowa 1979), the obstacle to the accomplishment and Senate Commerce Committee stated:"The Distnet Court applied the holding of execution of the full purposes and objectives Committee endorses the principle of Federal Philadelphia v. NewJersey to strike down an of Congress." Hines v. Davidowtiz. 312 U.S. preemption in order to preclude a multiplicity lows ban on 65 foot twin trailer truck units 52. 67 (1941).(525. 526) from interstate highways: Thus, the rule that State and locallaw am of State and local regulations and the (If) the safety consideration la the potential for varying as well as conflicting not displaced without a clear indication that regulations in the area of huardcas materials ' reduction of accidents and casualties in Iowa Congress so intended necessitates an initial transportation." (S. Rept. 93-1192. p. 37) by daerting traffic around lows with an inquiry into general Congressional purpose. As expressed in IR-3. It is hf7B's view that # overall increase in accidents elsewhere, the in Roy v. Atlantic Richfield Co.,435 U.S.151. ' local bans are almost invariably the sort of Izet that interstate highways are involved 157 [1978). the formulation is similar, and piecemeal requirements that Congress becomes an importan' factor in ths decision. /hnes is again cited for situations where intended to preempt unless they are adopted Here is a parochlabm about such a local " Congress has not completely foreclosed approach to public ).ealth and safety that through "a process that adequately weighs State legislation in a particular area"(Id., at the full consequences of its (the local gives it less weight in the balance between 158). In Rice F. Santos 'e Elevator Corp.,331 legitimate local con. erns for the health and government's) routmg choices and ensuns U.S. 218. 230-231 (1947), the discussion is less the safety of citizens in other jurisdictions economic welfare of its citizens and the precise.The Court there suggests that on* that will be affected by its rules."|48 m borden on interstate commerce. (at p. 551) way the " clear and manifest purpose" of 18922) M'11 does not, however. require a While these cases postd2te enactmew of Congress rnay be evidenced is by existence particular governinental process or regulate the IMTA. they represent well. established of State policy that "may produce a result the City's administrative functions.The pnnciples which make it d:fficult for us to inconsistent with the objective of the federal process suptested m IR-3. a documented risk conclude that Congress in enacting the statue"(Id., at 230). See also De Conos r. analysis and joint action with other affected IDfTA intended to endor*e a form oflocal Bico. 424 U.S. 351 (1976). jurisdichons (or State action! would nornwily readation that " overtly bh,cks the flow of ne presumption in favor oflocallow suffice for km3 in ennelude that the delays interstate conunerce"(Philodelphio v. New therefore raises a threshold question about imposed result in safety effects that are /crsay, at e24). particularly when the Federal general Congressonalintent that is answered beneficial from a national standpo nt. De Cosernment has long possessed and in any review of the fiMTA by section 112(a). actual rnethod used to demonstrate a safety esercned the power to ban items of There Congress preempted inconsistent State impact that is beneficial can sary, commerce too dangerous to be transported. and locallaws; that is it preempted some, constrained by availabte analytical tools and The Commerce Clause cases which Doston but not all. State and locallaw on the same methods of vahdating the analysis. i cites do not contradict this. subject. In 49 CR Part 107, this Department it is well settled that the Tenth Arnendment established a procedu- f r interpretmg that does not restrict the Federal Covernment s The niare relevant inquiry into Supremao , C! ruse cases brings us to a recent statement policy and acknowle _,__ siat the standard authority to preempt State or local regulation of the proposition to which Boston refers in to be applied is stated in Nines. of a private activity, such as the routing o , its second argument. found in fones v. Roth Clearly. Congress' fundamental purpose iri ' hazardous materials transportation. In the PocAing Co. 430 U.S. $19 (t9n). That case enacting the INTA was to enhance overall recent case of Hodel v. Virginio Surface cor.cerned three Federal statutes that public safety. If the effect of a State or local Afining and Rec /omotion Assn.,452 U.S. 2fA pertmtted certain reasonable variations requirernent is to reduce overall public safety. (1981), the Supreme Court rejected the claim then. applying the Nines tut. that that the preemption provision of the Surface between contents and labels of paclwged Mining Control and Reclamation Act was goodt The contested State piovisions did not requirement " stands as an obstacle to the accomplishment and execution of the full invalid under the Tenth Amendment: ellow similar variance between contents and A wealth of precedent attests to Izbels for goods sold within Cahfornia. purpose and objectives of Congress.- Therefore. in determining preemption under congressional authority to displace or Agreeing that Congresa did not inlend t the HMTA in this context the critical issue is Preempt state laws regulating private activity * completely esclude State regulation of a!'ecting interstate comme ce when these subjects addressed in the Federallaws, the the actual effect of the requirement in suon on overan public pietyMe laws conflict with federal law. Morecver. it is Supreme Court nevertheless decided in clear that the Commerce Clause empowers esttain respects, that the California laws argument that this inquiry is foreclosed by the prempuon d validity oflocallaws k Congress to prohibit all-and not just wire preempted. Prior to concluding that both circular in that it takes the inquiry back incons3 stent-state reguladon of d Stite law was not totally escluded by the Fsderal statutes, the Court stated that to its sterting point. and irrelevant. in that the activities. Although such congressioaal "g g enactments obviously cu 'sil or prohibit the ne first inquiry is whether Congress. I','," States' prerogatives to make legislative g [ f,'n a |t rfe i purcuant to its power to regulate commerce p,,,,,nption. In a recent decision. the U.S. choices respecting subjects the States may * * * has prohibited state regulation of the District Court for the Distriot of Rhode Island consider important. the,Su,pr,emacy Clause pirticular aspects of commerce involved in * full D * Permits no other result . We fa0 to see this case. Where, as here, the field which why the Surface Mining Act should become inte re tion of th nes tes s Congress is said to have preernpted has been appropriate test for determining preemption constituti nelly suspect 8 mp y because trsd.tionally occupied by the States * * * Congresa chose to allow the lates a under the HMTA. National TonA Truck "ws start with the assumption that the Carriers. loc. v. BurAe. C.A. No. 78-0021. D.C. regulatory a ptanons omh e ) , ' ' s w re not Rhode Island. decided March 17.1982. up cde F de , , I y, the Tenth Amendment does not Nt was the clear and manifest purpose of limit preemption under the INTA of S,tste and local rs quirements that are inconsistent with the Federal requirements. n

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e . . . -3- Boston artrues. however. that the Responst ne pnncipalimpacts of Although correctly noting that use of the discussion in IR-3 of an appropriate process " Boston's rules an measurable, although Culdehnes is not regired by DOT. Boston for the adoption of routing requirements subjective judgments may be necenary in concludes that the governmental proceso constnotes an attempt to regulate an " integral applymg those measurementa. Routmg used by the City ensuns the safety of citizes gove nmental function" of Boston. and that impacta are strongly influenced by traffic in other junedictions and comphes widi the .' such an attempt is invalid imder the Tenth accident rates and the population and Guidehns. A review of that conclusion Amendment as interpreted by the Supreme property at risL Dese factors should be " * * ' . Court in Nationolleague of C: ties v. Usery. examined in any risk analysis for each ~ #***'N'I" * * ''*"" C6 US 833 (1976). alternative route that can be used, pan an% eat Wu dehginns . In /lodel, the Supreme Court examined ' *E ' "" Y*'"8 * *" * Nationallsosue of Cities at length and it la less difficult to compare a!!ernatives jegal and physica! ro' uting constraints. "#I 4 d than it is to errive at an absolute risk *b,SirQo < stimate for a single highway.ne determining risk among available alternative osuccee a c aim that asternatives need only be treated evenly in s routes and considering subjective factora, congressional commerce powe> iegislation is comparative analysis. In "Guidehnes for Definition ofissues andresponsibihties' Boston's process employed a Special og e Ap ng a esignsu hu i s mu t siY e cfor ce Transportmg llazardous Materials,tu fw Commluce on Emergency Pnpandnus. 8 which included representation from its Rre t t e chat e g s atute e late \ e (Cuide'ces. MfWA-IP415. September Pohce. Pubbc Works. llealth and Hospitaja.' * States as States." Second, the federal b* p,,, ,f, , y[;,*go y,#, ,", and TrafLc and Parking Jepartments. The retrulation must addns: maners that are Comminee rehed on expertise frern the indisputably * attributes of state sovereignty highwmy routes is descritad.The method And. third.it must be apparent that the p u es emut in data c@ecten aM scientific community and industry, as well a States' compliance with the federallaw the earher DOT contract study by Arthur D. YQ*"[",8M"''hw ch may L1 tie concerning LNG transportation in the would directly tmpair their abihty "to [*h'[ Boston area, strutture integral operations in areas of participation ensures that the factora a ne Committee proposed an ordinare on trad.tional functions." (Emphasis in onginal, influencing a routing decision will be evenly developed and considered. He scope of which the Boston City Council held hearings rJiations omitted i 452 U.S. 287. 2aa. and which it enacted. directing the Fare ; The Court found that tne Tenth participation is one measure of the reliabihty Commissioner and the Cornmissioner of Amendment chauenge failed because the first of the decisson nached. We contmue to requirement was not met; llealth and llospitals to promulgate joint believe very strongly that the best place for a regulations to imdement the ordinance. De States are not compe!!cd to enforce the routing decision to be made is in a State Subsequent to the fihng of the request for an * * * standards to expend any state funda.or agency with State-wide authority. A group of inconsistency ruling, those regulations were Junsdictions, however. can participate with to participate in the federal regulatory promulgated. program in any reanner whatsoever. lf a State es:.h other to reach a defensible decision. Choice of the actualprocess and the time and The reFulations were approved as requitet does not wish to submit a proposed by State law by the specified State permanent program that comphes with the r** urce8 88ed IS Ultim8teIY UP to the P' department, and were considered at a publit Act and implementmg rendations. the futi ,'[h", ,5, ,","a hearing in accordanc State regulatory burden will t* tarne by the peal Boston provides information on accident rates and * '" L*d;"'%.""J"2"i*:"J'"sif "" "' f i g,2",h?;;;,2,y;;te!,2;as ad "?dTdin**#['"n-i $" ti "JQarthernt>;g;. legislatne prwesses of the States by directly Boston, Boston's principal contentions pubhc heannt y severa ,g Iederal aIo *" ' prograr Id ,',$,'"lnvo es a)$lgher f cdens$ty ' "8 * " Similarly, the essential element of " gv d hazardous design charactertistics. proximity ' compukion is absent from the current nd o le en in e cipal situation. As discussed above. IR-3 does not of a closed drain system. tunnels, subway "i th stations, high-rise ofDee buildmgs, and a P purport to require any particular g ,"[r$d' r fes nsibt of let as greater total expnsed population than does governmental process or corr pel any the bypass route. Appelhnt also states that not identifiel We believe they should have parbcular action. Rather it ekpresses MTB,s the bypass "was b>ed routinely by hazardous been actively involved b Boston as the . view that,if a local government chooses to materials carriers prior to implementation of party.ne Gdde ines observe that: adopt rouhng restrictions that affect other movinfisionsp, about touting requirements foi jurisdictions,it must consider certain factors Doston's regulations" and that it offers s'io to harstdous materials will effect a broad 15 mph advantage in average speed over the and views in order to reach a result that will through tvute. Appellant also states that the Pectrum of community members (including g r not be preempted. We continue to regard this accident rate or. the through route is about [g',"*..".Ytatean lo algovernmen: view as being a sound interpretation of double that on the bypass roate. Appellant section 112 of the itMTA and as being well notes that,by comparison, the bypass route. dheinis'. the general public, and industries whhin the hmits of Federal authority imposed also part of the Interstate System, has a .ing motor carriers * * * .The first step by the Tenth Amendment. clemted right-of way at least Dfty feet on each in the process is to compile a enmprehensivt hst of all potetially affected parties and C Appellant's fourth Argument ;{g f, epy,Y, ej ,f;,,',|,,*,}gG,,, comact npruentaUns Men swun ne governmental process used by the City significant portion of theland along and "" '' rf in formulating its hazardous materials immediately ediacent to the route is in [* nal i th efit of regulations ensures the safety of citizens in conservation of one form or another"The introducing multiple perspective on the iss other turisdictions and complies with bypan is not elevated except for a one-half and building consensus on what approach I ''Cuidehnes for Applying Criteria to mile section,in Somerville and "a number of '' Designate Routes for Transporting flazardous overpasses .nor are there any tunnels or tle information is provided on the City' Materials". n fWA-!p-80-15. September required detours from the Interstate System. administrative process or the State a prov but neither pears tohave eenC woo. %e Oty relied on expertise from City The bypass does not pass in the vicinity of process $al substitute for active involvement { officials and also from the scientific subway stations, tunnels, or near closed functior community and industry. DOT's own drains except for the previously mentioned of affected |urisdictions.The 'rocess used previous study supports the results. pubhc e!cvated sect.cns in Sourville, provided public notice, as we I as resulting hearings, and this inconsistency ruling Accident data provided does not refket the news articles,in Boston newspapers, and proceedmg, rnulted in chan.et, State law. Dewey Square Tunnel detour on the through public hearings were held on both the requiring appeuvel. was met. Although much route,which as described forloaded ordinance and the regulations.However, press attention =as devoted toit, no southbound cstriers, appears to be 8 to 10 from the information provided in the comments were received from neighboriry; blods of City etets. Boston notes that the proceeding on IR-3 and this a peat. it appears that Boston did not i entify affecte( i"*d - ' a L'fte*4'da't@,T|"d',gergate wradici>ons o=1 side nostoa or cent ci thaai System. }}

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,r , _( ^ .- ' * Jurisdicti:ns,i; pr:per: tion cf cith ,r the ordin:nce or the regul:tions. W2 also cinnit tell whether a risk cn: lysis, or any cther clear statement identifying por.sible impacts of the proposed actions and where those impacts might occur, was available at the time the regulations were considered. This lack of :nterjurisdictional coordinetion leaves open a venety of questions.lf

. neighboring jurisdictions have the authority under State law to prescribe routes that affect Interstate highways (they may.not), will the bypass route, as Boston describes it. Lon.finue to be permitted for use by highway carriers of hazardous materials? !!not, additional routes should have been considered along the bypass corridors. Is the data considered by Boston accurate and representative? Are there other more effective ways for the affected jurisdictions to improve public safety, such as a day / night * routing distinction? It may not be necessary to document answers to such questions, given the specific circumstances in the Boston area, *uu t the jurisdictions that might have raised them were not involved in the discussion leading to Boston's routing decision. Analpe mandatory routing factors. The City's appeal does not address physicallimits on the two routes, but states that both are built to Interstate System standards, except for the tunnel detour.The only legal restraint noted. the prohibition on use of the Dewey Square Tunnel,is recognized by the IIMR at 49 CFR 177.810. Rish deterraination. Boston's Exhibit C contains population and accident data for the through and bypass routes to which the Guidehnes can be applied.The data, first preser.ted in this appeal, are shown as based on the "1979 Massacht.setts Registry of Motor Vehicle Dat(a)". We urderstand the data to be measured rather than estimated. population data represents a 2005ft. band on either side of the highways and excludes " conservation aress'' on the bypass route (areas devoid of significant populations).The Guidelines recomrnend a % mile impact radius for LNC. the same as is recommended in the "Harardous Materials 1980 Emergency . Response Guidebook" for evacuation where '. an LNG cargo tank is involved in a fire. lf the larger. %-mile impact radius were used. the analysis would consider a larger part of Boston's population as well as uninhabited floodplain and parts of the harbor and the Mystic River near the through route. On the bypass, the larger impact radius would include both more population and more of the areas which Boston describes as held in conservation.The smallimpact radius used by Boston is probably representative of the larger radius. No date is provided on property values in the impact areas along both routes. Boston's appeal does not indicate whether any dis:ontinuities exist in accident or population data on either route that would justify a segmented analysis. and it excludes quantified accident rates on city streets used to bypass Dewey Square Tunnel. Usins the data as presented, the guidelines indicate the following results: swwo coot assom i7

11

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y . vehicle; M = mile ($); VM * VehiC18 milt

Thru-City Bypass

Accident Rate ' 1. 67 0.87 6 VM x 10 VM x 106

Ac c id ent probablity 1.67 x 16.7M 0.87 x 3 9.3711 6 VM x 10 VM x 106 = 2.7889 x 10- - 3.4292 x 10~ ~ V V

Ac c id ent prob:bility per RM vehicle 2.7889 x 10" x 2.34 x 10-5 3.4292 x 10- x 2.34 x 10-5 V V ~ -10 = 6.4145 x 10 - 7.8872 x 10-10 (' V

-10 Population 6.4145 x 10 x 26,974 risk per 7.8872 x 10-10 x 7,435 V V !!M vehicle -5 = 1.7302 x 10 /V = 5.8 641 x 10' /V (population . risk f actor) '

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1.7302 x 10' /V = 2.950 x 5.8641 x 10-6 fy =u .o em .. m

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. -6- e * * - !s ta a2y ws can learn nothing from inquiring require tha carritt to notify it immemately. tr' The population risk fzetor on the through- Into the circumstances of an eccident or that the City wishes to conduct a thorowgh City route is almost 3 times the population the driver, carrier or others involved in the investigation of the events at the scene. it risk factor on the bypass toute. Property risk accident don't have inforrnation that can be may do so then. We see no reason to think factors cannot be computed, of assistance tolocal casually control that data from a wntten incident report will The risk determination could be further agencies. be any less useful five weeks after the carns ' refined by increas:ng the specificity of the Response: Carriers are required by DOT to suba its it to hml. when it can be directly data if more det:Ced data is available.ne report incidents rather than accidente. accessed. For data the City thinks it must fact that high. speed accidenta are mc4e likely " Incident'' means any inadvertent telease of have immediately from the carrier, the than low. speed accidents to produce spilla a hazardous material. Section 171.15 of the appropriate time to acquire it is in the might be factored in. In view of the results. HMR. which requires immediate notice. ia emergency Msponse phase. further refinement of the quantitative data conditioned upon the occurrence of In summary, hm3 does not rnaintain that probably will not be of any substantial effect. casualties, serious injury or property damage the information in a written incident report Sub/ccrive routingfactors. Beyond the as a direct result of a hazardous material submitted to MTB never is useful to local previous discussions. Boston does not incident. Section 171.16 which requires a emergency preparedness programs, but that identify any special population groupe or written report from the carrier within 15 days will very often be of only limited usefulness, facilities. of the time a hazardous material fru:ident la is not time-sensitive and in any event can - Comparing c/ternatives. Boston's data discovered. is required for essentially every obtained by the City from MTB with a indicate that a hazardous materiale vehicle incident.ne vest najority of reporta minimum of effort. If the City in fact intends traveling on the bypass route poses a submitted under i 171.16 to9cern inadvertent to make serious use of the information in substantially lesser risk to the population releases that did not generate tasualties or DOT incident reports. the effort to obtain it within a 200 ft. bank on either side of the injuries or even extensive property damage- from MTB rather than directly from the road than a vehicle traveling the through-City and did not require emergency response by carrier should not be significant. Accordingl route. Because of the difference in relative local officiale, we reaffirm our previous conclusion that populations along both routes, the risk is Written incident reports under i 171.16 do Boston's requirement that earners submit greaterIn the through route even though a not provide time-sensitive data to hmf. That written irrident reports is redundant. ~ vehicle is more laely to suffer an accident function is served by immediate telephone unnecessary and incons9 tent with the while travelms the greater distance on the reports under i 172.15. ne major uses of the HMTA and HMR. In its tecent decision the bypass. De population risk factors differ by written incident reports are analysis of U.S. District Court for the District of Rhode almost 300%. packaging integrity and rulemaking support- Island concurred fully with the Department To summarize, application of the Information from the volume of written conclusion that a similar written reporting Guide!Ines to the information in Boaton's reports received rumst be processed befor* requirement of the State of Rhode Island wa; appeal strongly supports Boston's chosen entry into a computer data base, a coursa S. consistent with the HMTA.Notione/ Tonk route.lf a distmetion were made between that results in practical availability of Tmck Corriers v. BurAe supra. daytime and nighttime routes, we think it individualincident reports about a month likely that for day travel. Boston's choice after receipt by HUB. Of course. MTB can S.* C '''I Y ' might be even stronger. Consideration of provide a copy of a specific written report 1. D. Santman, property values might also strengthen before that time if it is sufficiently identified. Director. Materials Transporrofion Burrou. Boston's choice. but to search the incidents for all those that , ena m n, g ne data must be taken at face value to occur in Boston. for example, is not practical ,,g,, coo, ,,,,,, reach this result. Boston's process was until the information can be accessed by largely cornpleted before DOT had addressed computer. highway routing of barerdous materials la Including the two-week period permitted to anv detail and w as not conducted with a carriers between a hazardous material vie'w to evaluat2on in an inconsistency ruling. Incident and submission of an written As discussed above, we are of the view that incident report, and the time for transmittal Boston's apparent failure to consult with, or of the report to MTB data on a particular , to consider safety impacts on. other affected incident may not show up in the computer jurisdictions. makes it impossible for us to data base for seven weeks after the incident. conclude that the routing requirements are Subsequently, copies are made and sent to ' States that have requested copies for consistent. liowever. we are sensitive to the , argument that smce Boston could not have incidents within those States (Massachusetts i known our views at the time it adopted its is not now included). MTB is not willing to requirements, those requirements should not perform this continuous "hard. copy" sersice be held invalid solely on procedural grounds for local governments because of the clerical if there net effect s an overallincrease in burden and the limited value to the large public safety.Therefore.lf there were number of local governments that might substantive mterjurisdictional consultation or desire it. agreement that the data presented in the Lecause of this clerical burden MTB is appealis both accurate and representative, now encouraging governmental agencies, we would f nd required use of the bypass State oc local ar.d Federal, to directly access route to be consistent wah the HMTA and the competer data base where ali of the the INR. Because no such consultation or information from wntten incident reports is agreement appears to have occurred, we kept. Direct access (by telephone) requires a consider the results of the analysis mmimum of resources and permits the indeterminate. incident report data base to be searched. manipulated, and prepared in hard copy by 11. Reporting requiremeots. the user in any form desired. hffB is willing Appellant's aqument: MTB e statement to assist Boston ifit wishes to directly access that a wntten report is not important to the data. In addit;on to examining incidents agencies responsible for emergency response reported to have occurred in Boston, direct is without a rational basis. Any casualty access would permit a comparison with serious enough to require a DOT accident incidents reported in other citics. report should be thoroughly investigated by For an incident that requires the City to those responsible for providing emergency undertake emergency response, we reiterate response to such accidents. To say otherwise our agreement that the City must be able to

Federal Register / Vol. 47. No. 83 / Thursday, April 29, 1982 W

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-______. * . : 4 . . 17368 Internationat Standards on the Transport of Dangerous Goods

AGENCY: Materials Transportation Bureau (hfG). Research and Special Programs Administration. DOT. ACTION: Notice of public meeting.

SUMMARY:'Ihis notice sets forth the venue and proposed agenda for a public meeting which will review the recent activities of the MTB relating to the development of intemational staridards for the transport of dangerous goods. DATt:May 20,1982. 9:30 am to 4:00 pm. Acontss: Room 4234.Nassif Building. 1 400 7th Street SW Washington D.C. 20590. FOR FURTHER INFORM ATION CONTACT: Edward A. Altemos, International Standards Coordinator Office of Hazardous Materials Regulation, 4 Materials Transportation Bureau. Department of Transportstion, Wa shington. D.C. 20590. (202-4;S-0656). SUPPLEMENTARY INFORMATION: Particular topics to be reviewed at this meeting willinclude: 1. Result of the March 1982 meeting of the Group of Rapporteurs of the United Nations' Committee of Experts on the Transport of Dangerous Goods. - 7. Status of the development of the International Civil Aviation Organization's (ICAO) dangerous goods regulations and results of the sixth meeting of the ICAO Dangerous Goods Panel. . 3. Recent decisions of the RID /ADR 1 joint Meeting with respect to the i transport of dangerous goods by rail and .. road in Europe. ' Interested persons are invited to attend and participate in this meeting. i Persons planning to attend the meeting are cautioned that this meeting is intended only to review the most recent activities and decisions ofinternational organizations governing the transport of dangerous Foods.Therefore,it is recommended attendees be fami!!ar with these organizations, their functions and the standards issued by them. haued in Washington. D.C. en April 15. 1982. A tan 1. Roberts. A ssociate DirectorforHazardous Materials Regulation. Materials Transportation Barecu. [FR Doc. a;-was r. led 6-21-a!. a 45 sml BIL1HeQ Coot 4910-40-48

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Federal Register / Vol. 47 No. 78 / Thursday, April 22. 1982 . I'7 - - - . ~ ~ - - - - . . - ...... - . . . ' -

Wisie foads- Edhde .. .- _. g. trevel~ state,. .roadsi minutes. With the shielding, he said, ' ll . South Carolina because the' shipper the cargo emits about 5 millirems of By ABR.ut KATZ has not been gwen permission to use radiatica'per hour. Normal back- ' Staff Reporter a bridge on the Canadian border with ground-radiation is about 100 million- m:re sJupments of highly - - - New York. . , - to 120 million rnerems a year. n fuel frcm a Canadian cu. , , ictor will be tunsported * . A- .spokeman for the Nuclear Danese said Nuclear- Assurance -

. 1ew England on the way tc ,g A. ssuramee,_- . . . . Corp._of... _ ___ . Atlanta .the _ ship , would prefer to use a more direct - l , ~ * uL - '' , per, said the company wanted to use ircute to South Carolina, but had to federany approved route * - , n -- a direct route crossing the Thousand | select a --U gvn l'.g nccf 7nc. Islands Bridge near Lake Octario inthe ' avoiding bridges, tunnels and turn- upe Jefferson County, N.Y but " w m c m . o c.2oocs - 7 pikes operated by icdependent" au- Ecit Other - ...p7.:. bridge authonty demanded a $160 dontis. . s. Pcsm, ,- Po;e ,_.. : . 4 4 million certificate of inrutance. i

Larry Damese, manager of c'tsh b Under federal regulations, ship * , H AV Oi, C0i!!i , eperations for Nuclear Assurance, |ments.of radioactive waste must be ; ' -- said the company telieves it auto- !;:;adeTo interszate. highways, he said. m2ticauy canies 5500 mini = of.y 33,,,, ,,,,,3 ,,o to,, pix, ,,. TSTgg AUG 2 7 1982 , federal indemnificat2on under the thorities traditionally ask for g_ & Price-Anderson Act, which also pro l cdemnification certificates, he said, , - T - 142,6 M vides indennification. for. nuclear and generaDy are cot satisfied with , ^" # - t the 'b idge' authority wants to E'"*I" _d see an actual certificate. The ship- 1 ! "We think the shipments are persPrice-Amderson,"" "kept saying accordicg * Price-Anderson, to Ter- ' covered by a 3500 million indemni- rance J. Lawlor, bridge authonty ..fication by the U.S. government administ.ative director '?Our attor- under the Pnce-Andenou Act, so we feel we shouldn't need to show addi- ney wants to see it in writing."" ,

Lawlor said the language in the :tionalindemnification,", Danese said. * Pnce-Acdenon Act is too vague and , Several routes were submitted for might not protect the bridge- in.the'|. J event of2~ nuclear mishap''"..'.'_u ' approval to the federal Department of Transportation, he said, and the - Unt0 the shipper can produce a lertificate of inde'mniEcation, he' route south on Interst. ate 91 through

said, it c:nnot use the 10,000-foot ;Vermoat. Massachusetts and Con- | . bridge, which spans the St. Lawrence Icecticui and west on Interstate 84 to!the Nre York ares was selected * he . River. .., .J. ; !. . s .. ,, .Seven shipments of spent fuel rods ,erplai

/ e m- 37

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D J- - STATE OF VERMONT h ' $' k AGENCY OF TRANSPORTATION . * - !h} *i 133 State Street, Administration Building t g- - ' - ! YN + - ' Montpelier, Vermont 05602.- , P3M %ds0 ' g&BG

Septe=ber 8, 1982 '

Mr. Andrev Lewis Stcretary of Transportation D:partment of Transportation 400 Seventh Street, S. W. Washington, D. C. 20590 -

D2ar Secretary Lewis: Vernent is in the process of redoing its State regulations covering the transportation cf hazardous materials in gereral and radioactive material in particular. Up to now, we have adopted the Federal regulations contained in 49 CFR as our own. It has cone to our attention that soma states and' local jurisdications .J._._ha._ve. adgpted_, regulations more stringent than those in 49 CFR. In particular, Michigan requires that. centniners used to transport . radioactive material be i '' drop tested fron a height. equal to .the highest point on .any major . bridge. that , th2 containers will travel. '49 CFR:(and the Ver=ont regulations) call .for a s . . ", thirty-foot drop test. . In addition, several Iocal jurisdictions including the New York Stata Thruway Authority and various bridge authorities in New York State .have either banned such shipments outright or imposed extraordinarily large insurance re q quire =ents which have the sama af fect. , As far as ve know, neither the United ' tates Depart =nnt of Transportation- !.. - nor the Nucinar Regulatory Co= mission has taken any steps to challenge: these " local or State regulations. Therefore, certain preferred routes are.off limits dcfacto to shipments of .high level radioactive vastes. . . . . ,g

' We must know whether or not the DOT and the Nuclear Regulatory Cct::nissioni ., *'' consider those regulationsi to ba legal. ' If the Michigan regulations are . legal, '' then you can expect Vermont to adopt shilar , regulations. 'If:these Michigan .( i ' ' require =ents are not legal and impose 'an ef f eerive ban on the- shipment of such . - naterials through Michigan, then we must' know what plans the Federal Government ' has to challenga and prempt such illegal regulation. . 49 U.S.C. A.1811 specifi- c)Lly bans such regulations unless approved as reasonable by the Secretary of. ., Trarhportation.

! N N 3 N., .... ,

'" , ,- (h An*drev Levis -2- September 8,1982

e

e 'As we read the aoplicable Federal law, the ' bans enacted by local jurisdictions ar2 specifically preespred by Federal regulations. We vould like to knew when you n intend to act against these illegal bans. , .

Vemont has no desire to ccmpeta with other states to see which can be _ , , most unreasonable. We understand the national need for transportation .of these ,; r.ateri'als under reascuably ' safe conditions and are prepared to do 'our.part.. Ec.cever, we cust insist that the Federal Government do its part to assure that. all states are treated equally. As I mentioned, ve are in the middle of our regulatory process. We have another sixty days to =ake necessary . changes of which your response is a vital part.

' L'e are looking forward to your prompt reply. Thank you for your halp. Sinc erely , 9 Tom Evslin Secretary

TE: drb

" cc: Nunzio Pallandino, Chairman Nuclear Ecgulatory Cc= mission .. . ------.

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soeyyos f t nt nar t oyo u on da o O e o t m r' d . t e n ti h e s. d ts ;o h r lur er poe n e eve Oiw v tar t h oen r a n r ty- s cvoe d ez e ei mo t u i i it r o o s shlesa nra mVa rh c r og . r ut aoh t et e ip t s ua e f h c v g l t J arhd h ge os o 0 e e l o s us gar moa i 0 h c u n pp d c Te o o dr od eh p o lo S 0.te inh a ci h c o; t a t s 0 vd".t ya lteht si t u t h r . < t t 2ain u at aa s a nh a r g n . a b s o c wo hd n osk .e h at tgk p ai nrh t h e h nll t a e t pUh h s n ae d o ot dc et h meemn eiYgt ehi h s oCn d l n r s s so ar e a o gwu t lal oe".aos mms iz c uwl r s o a c ge a . o l i , mtaeWt r et h l ee aw rS u s inet r mut imf sl in b vrNev sa ad a h u a al o r h t gt re o i hl d t p herdl er i a eeer t f o ns a h no gr eitna f n w ** . i a C e s g ah n e hI gw o s ll w r ciu e e h e widl r l e At "Te 1 luivb leitaennrt ei witrt ona s ef s h mrils urf er Saueo e n e s g et sCt phigr t St o e lcS . tnrt o e a t i pm pr u a oci on la -. itnm o n a nt a io i. M m v er a , r n s - h ef t e tao c r nt .f l i r io doa yt e o et itiop oa r aWbt f s,st s a r s a s m pml mlo r r t t a si u cnri t awo c nt g ae v i C ** a w a e l ief r r r e r dl rV d % n o totf l f v a a. Tht oe n let e lyohugo r e t A. st dey e e l. r h e I. . . e r v r uw cd I hd u e tnc o f _ e a e s. e n r i iw e r n d h vt cah s f a s e t n Osy nkU . e n et l Re eef a f t p A ,,b d o d eo e r m e . n t < h nt mgcteet h so t n uN .. toe tnc t c n n cs la o s er haa u s D ynf a e u d l I o epe es wg dtiodte d t e a a c npdmT iaos v n ,n s r e - g lu u W,,,lu. eh

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1\i)l k f W " " M N *. ggenemsdSS Y k N M @ mamM @ @$ i r$ d @ l ! ( h g J..,g. N . ! U.S. Won't C,a enge Vt. Ru .es enforce the regulations, in our O Evslin within the next week. Roh- "t" declin"d (" P"d'c' "-hat the view." he said. "We will find some ~ From Page 1 A setter would say, but indicated it way to make them exercise their ?.. would elaborate upon the responsibihties, even if it means j we have to file a formal griev- prompt.-d the shipp. r to hvpa'% depa rtment's policy of non in. e tervention except when a griev. ance." E th.. . two states .md t ransporI th" Evshn said he would not make J me. l. .ir e arco thr ough Vermont- ance is filed. a decision until after he receives ; state Tr.m portatmn k ret.ary An official from the Nuclear the department's reply. Regulatory Commission said the } Tom Erstm. ointerned that Ver- lie said the governor has the j mon t was becoming a shippmR federal Transportation Depart. 3 route smiply herause it had less ment is the chief agency respon. power to issue emergency regu i stringent rules than other states, sible for handling hazardous lationsbut he governing added that the such shipments. a move , wrote to federal Transportation waste regulations. .t Our role is working out the might be inappropriate because ! Secretary Drew Lewis Sept. 8. 1. Erslin asked Lewis whether desir,n and certification." said thethrough cargo the is state. no longer moving : h the federal department had ap- John Kopeck. a public affairs spe- "There currently are not any the local regulations cialist for the commission. "As far shipments, so it's very hard to f[ provedadopted in New York and Michi- as shipping goes that is DOT *s if responsibility." justify the emergency." he said. "I J gan. lie advised Lewis that Evslin. informed Tuesday of think if we did it. the feds wouhl J approval had been granted. Ver- e mont probably would follow suit the Transportation department's do something because that is the | and initiate its own set of tougher position, criticized the federalof view last they route. would From have their to re- own pomt standards. government for failing to enforce evaluate that policy because there Department ofheials said a re- its own regulations. are no more routes left " ply probably would be mailed to They have a responsibility to g . % ,A g **' *- ==e -w

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.. .. . - . . . , . . . . " # ' N \ l ' ~ # SteeuSb.. .aoulc ~ : n't Be. ThorouanO are'

3 For Nucle.apWaste - - - By SCOTT MACKAY Trucks press. , Kunin y 6 NisbHwnw . government. Saying Vermont should no: be a " thor. The battle over the waste shipments has oughfare" for transportation of nuclear become a key Kunin issue in her campaign to A governor should ask "Why is Vermont wastes. Democratic Lt. Gov. Made leine Kunin unseat Snelling, who is seeking a fourth term, being chosen?" Kunin sald. She also charged % again Wednesday hammered Republican Gov. Snelling' said Wednesday it would be that Snelling's position on the ' matter is in. j Richard Snelling's handling of waste transpor. wrong for Vermont to adopt tougher, but consistent with his advuacy of a greater state tation in the state, illegal. standards simply because the federal role in making governmental decisions. ,) government would not Though he publicly advocates the "New N , Kunin told reporters she (afors, tough challenge them. state regulations against the shipments, and automatically Federalism" approach to many economic de. cisions. Snelling " caved in" to federal power y y lations at the expense of the Vermont's in. accused Snelling onof the siding nuclear wastewith issue, federal she charged. regu . rnont this year after the state of Michigan andThe shipments were routed through Ver. terest. a New York State bridge authority enacted Tom Evslin. Snelling's transportation see. Q retary. fired back at Kun ' .saying he will wait y Kunin's comments came in wake *of com.' . regulations, including higher insurance re. % ments by a federal Transportation Depart. quirements, that made it more difficult for the for a ruling from Drew Lewis, federal trans. ment official who said the department would- shipper to truck the. wastes through those portation recretary, before deciding which y states. way to go on the issue. not challenge a state decision to set stiffer . ., A "If other states acted li' responsibly, that's O regulations on nuclear waste shipment. Transportation Department official Alan Roberts told the Associated Press this week no reason for Vermont to act irresponsibly." M Snelling this month halted ab!pments of that Evslin said. * ' wastes from Canada through Vermont to a his department would not challenge waste site in South Carolins.che GOP gov. tougher Vermont rules. because it does not " Remember. Vermont ha[, a' n'uclear ernor said he did so after security had been , have the manpower or the time to so so. power plant, and we don't wiutt'to drown in breached when a Kunin campaign official " Richard Snelling took the wrong role." our own nuclear waste." Evslin said. ''It is not at allin the tong-term interest of released the dates of past shipments to the ' for Vermont and "not a lawyer"for the federal' Kuniti said. A governor should be an advocate ,, ' Vermomt to interfere with interstate com. I } { j \,' , merce or even the safe shipments * % of nuclear wastes." Evslin said. The agency secretary also

- criticized Kunin for remaining sI- ... . lent when the state regulations were adopted both in 1979 and . earlier this year. "She was presid- mg over the Senate when they passed the bill" a!!owing the state to set standards. Evslin said.

"She had absolutely nothing to say 'then, and now she's saying she would have done it 'all'dif- * ferently." he s'alda.s . ;! . , . ;.c . ,

_

_. ______. _ - - - - ~ .. 1 % Kunin Claims Victory in Muciear F aste unaw A From StaffNn Reports TATransportabonvos* has ticen A- quoted as saying "They have a responsibihty la enf rce the "He has jumped the gun in assuming th- BURLINGTON - Lt. Gov. Madeleine M. state regulattor.s would not be challenged by regulations. in our view," he said. "We will are going to oe inconsistent." she sai 1. Kunin is claiming victory in her longstanding the federal government unless a formal hnd some way to make them exercise their Snelling has said that Kunin should ha. dispute with Gov. Richard A. Snelling over complaint was filed responsibilities, esen if it means we have to been more vocal about nuclear u a- the shipment of nuclear wastes through lie also pointed out that his agency does not ide a formal gnevance " regulations when they were enacted by tb Vermori have the I'me or manpduer to mspect every Marlier this month. the governor. halted state several years ago Kunin was a Verrnm At a press conference in Durlington Wed- regulation adopted by local governments. shipments of spent fuel rods traveling from flouse member at the time .ieviay, Kunin also suggested the governor floberts said a challenge could be filed by a Canada through Vermont to South Carohna Wednesday. Kunm responded. "That's r the issue. lie had the authority when the shr>uld art as "an advocate for Vermonters" waste transportation company or by state for reprocessing. lie called for the halt after rather than" appoint himself a lawyer for the officials seeking an opimon on rules enacted several of the shippingdates were publicized shipments were proposed to say. *Why Vermont being chosen as the route of Ic.; federal governnient." by some other st.ite. At her press conference Wednesday. Kumn To date. he added, no grievances have been charged that the governor "took the wrong resistance . '' lie had the authonty The Democrahe gubernatcrial candidate hied m protest of the restrictive rules adopted role in his original position ? issue emergency regulations at that hme. Tl said she has been proved correct, based on in Michigan or New York which set higher Kunm said the proper role w ould have been Legislature could then follow up when reports that a federal ofhcial has said the to be "an advocate for Vermonters, not to convened. state can enact regulations that go beyond insurance requ ren.ents and tougher cask appoint himself a lawyer for the federal "If I had been governor, I would have firs federal guidelines. standards. Snellmg. however, msists that any state government by defending the federal . pu. up a hhnking yellow light before giving . "If flichard Snelling had der:e his rules tougher than federal standards would regulations. gr* en light to these shipments " homework, he would have been able to stop violate the law and he questioned whether "Because of this reversal, Vermonters w ere needlessly exposed to the dangers of the esked if she considered this late the shipments, Kunin contended. Michigan and Nex York had the right to enact development in the controversy a victory f t llowever, the governor stood his ground those regulations nuclear waste shipments." she said. Kunin said the incident was proof that Snelhng. af ter her campaign Kunm responded. It s Wednesday. Snelling said it would be wrong That question was posed by s; ate Tran- s ictory for all Vermonters . It proves m for Vermont to adopt inconsistent regulaticas sportation Secretary Tom Erslm in a letter to three terms. "had lost touch with what the federal Transportation Secretary Drew proper role of governor is." origma! statement was correct. simply because it knows the federal govern- Sne!!ing ordered a halt to the serres mert would not issue in automatic challenge. Lewis The reply. due next week. is expected Kunin recommended that the governor shipments when the dates were made puh "The fundamental sprinciple) of an orderly . to spellout the federa! department's pohey of adopt tougher standards - as have officials m New York and Michigan - and then let the by the Kunin campaign office. lie con!*rr society is that peop'e have to be expected to non.ir.te rference federal government decide whether they are that publicizing the dates was a violation follom the law." he tard Etsh''.as suggested that may not be good Alan Hoherts of the federal Department of enough consistent w ith the law federaldisclosure lau s 3, o

g. . Feds back Snellin% on waste shipments a . By KEVIpGODDAltDum. "I know of no potential of future appear to be inconsistent" with the days after the last shipment in the developments that can bear on this federal rules. senes.. MONTPELIElt (UPI) - Gov. issue " he said. "I would argue that i ewis also said, however, that the fUchard Snelhng said today he has lie also said, however, the NHC received information from two top, this issue really ought to be put to bed Department of Transportation has no coreluded "no further action is n the basis of all the facts are authonty to overturn the regulations * uarranted" to pursue charges Mrs. ranking federal officials shom mg "The ulumate determmation of conchuively that his position on the known. Kunin's campaign aides violated controversial shipment of nuclear leuis, in a letter dated Thursday, whether a tstate or locals regulations by releasing the dates of wastes through Vermont is con- said local or state rules about "9" *#".t is pre

h. I '/ . O such a strndard would be in .e 3 ~ ~ " " O consistent," he said. O'*''O ( { Dugoff's comments shed some 'k .f hght on one of the major con- * Cou c Set Touc her EMEGAMDispute O]ver Y a that the governor take steps to

protect the pubhc gainst future ., , . _ Se as specifically cited regu- QP Q !ations adoptel m Michigan and 1 U M.- bA O C NoSU A fP to .K g 2- y,,yo,u ncn ,,,, previous By DAVID KARVELAS transportation of hazardous mate- shipping routes for the Canadian n a.m.ai.a n.n nals. Furthermore, he said, he has nuciear fuel. /fter those states q 1 the , a MONTPELIER - A top rank. no reason to believe the rules cracked dow n how ev er, y ] 3 mg federal official said Sunday I approved this year by the Ver- shipper decidet to bring the g k q ,,j , g _ Vermont has the right to adopt mont Legislature, which mirror potentially lethd cargo through "h- haurdous waste transportation the federal standards, are inade- Vermont. The nateriot is no long- IO- /'7 P Nbb [~ 4 rules tougher than those enacted quate. er passing throsgh Vermont be. By N!CK MARRO On Fnday Snelhnt produced a by the federal government. Dugoff, in an interview from cause of the lingering con. Vermont Press Bureau letter from Nuclear Regulatnry "We'v e been trying to en- his Maryland home, said states do troversV- An aide to Sen. Robert Stafford Commission Chairman Nunno J. courage st ate governments to have the power to set tougher Snellmg hasdefended his ac- said Friday Gov. Richard Snelling Palladmo saying that because of play ats vigorous a role in this area standards than those adopted by tiori, or lack of it by saying feder- has been relying on the wrong " ambiguities" in Nuclear as possible," said Ifoward Dugoff, the federal government. at law specifically prohibits states federal agency in pursuing his Regulatory Commission letters to administratnr for the Agency of In particular, he pomted out from enactmg measures that bar fight with his Democratic rival Kunin, there should be no further Trans portation*s Research and that states could set special re- the transportation of nuclear ma. over shipping of nuc! car wastes investigation. Special Programs Admmistration. strictions on shipments traveling tenals. Ile said the laws adopted through Vermont and that, as-a * ..the commission has con- "The statute spe!!s out the role for through tunnels and over bridges. in Mich gan and New York are Practical matter, the state could cluded." said Palladino, "that state and local governments to lie also said states could impose illegal, an opimon with which the block the shipments. gathering further soformation 'ake any action they deem ap- stricter traffic control measures federal government appears to he But Snellmg. at a Montpelier tabout the release of shipment propriate just so Iqng as it is not for the protection of residents and siding press conference, refused to schedulest is not necessary to inconsistent with federal stat- could dictate what time of day the The governor said he has been " debate" the question of who has protect the put,lic health and tes " cargo would be allowed to travel. aware Verivr.nl could adopt rules jurisdiction over shipping of such sa fety." Dugoff's comments came two "There are lots of tunnel and different from the federal govern. wastes Furthermore, he said, the The governor al>o re! cased a d:ys after Gov. Richard Snelling bridge restrictions which we inent, but he added existing state w hole controversy "really ought to letter from fe6al Transportathn called for an end to the political would consider to be consistent regut.nions seem to be adequate, be put to bed " Secretary Drew Lewis that For about a month Snelling and Snelling said proved he tock the controversy surrounding the with the federal scheme." he said. In addition, he said, the state , shipment of nuclear wastes "We certainly recognize this is an rules were not set by the gov. Democratic gubernatorial right steps in his hand!mg of the through the state. Ilis pohtical area where states have an impor- ernor, but by the Legislature. nominee Madeleme Kunin have waste shipment issued. ,ppon e nt in the gubernatorial tant rote to play." been arguing over whether Ver- flut earlier Friday, an aide to "The question r eally is. can you Sen. Stafford in Washington said :ontest, I.t . Gov. Madeleine Dugoff emphasued any regu- stop them?" Snelhng said of the mont should block shipments of Madeleine Kunin's issue here is clearly shows that Kunin's stafI But Maerkt said he has ken re"gulations. es wrong in publicizing con- In general, we believe that the nothing more orless than a charge fidential information and that he informed by Guy Cunningham nf most effective means nf resolving that I obeyed the law." Sncthng the NRC's legal staff that as a iSnelling) was right in withholding inconsistency controversies is to said "The issue reahy ought to be theinformallon. matter of practicalpolicy the NRC work mperatively with the states put to bed." ~~ lb i A1 .. . Yllellitig Clutills Eederal BBC|bilig ill WuSle 00litrODel'SY MONTPEIJEit (UPil - De d2spute over w(> i argue that this assue really ought to be itupment of nuclear wastes took another twist '*/ermont to a South Cert,hna reprocessing has no auth:nty to overturn reguL.- put .o bed on the basis of all the facts are plant. /nday, with Gov. flachard Snellmg wa vmg tw o considers invahd. kno w n. " Snelhng - citir.g the a!!c.;ed secunty breach etters he said conclusively supputed tus But Mrs. Kumn countered the letter from t.y Mrs. Kunm's rampaign - halted~ the "De ultimate detenmnation of C eositions - but Lt. Gov. Madeleme Kunin loss was not conclusive at all. Istate or local) requirement is pre-e: hsmissing them as sa much confetti. shipment senes four w ceks ago. lef t to the courts," t,e a rote. She said it carried no " weight," and charged But me issue has continued to dormnate the Snelhng, a flepubhcan seeking his fourth Snellmg has consistently acted as a mouth- gubernatonal campaign - with Mrs. Kunin lewis also said the department's !.. enn, told reporters that U.S. Transportation piece for the federal government -instead of chargmg Vermont was used as a " route of "evaluatmg the legal optwns for pursi. secrctary Drew lewis and Nuclear Regulatory an advocate for the state. least resistance" for the spent fuel because of ssue further'" kmmission Chainnan E nzio Palladmo The letter frum Palladmo, she said, vm- stnct rules in other states, and Snellmg saymg h,1rsg Kpnip said she beheved the ke;. . greed he has acted correctly smee learnmg . dicated her staff of Snelhng's claun it that federallaws were pre-emptive. in the letter was Irwis' assertion t' tus summer radaoactive matenals would be " breached" federal secunty regulations by Snelling's news conference came two days regulations " appeared to be"inconsi>: tuted ll. rough Vermont making public dates of the past stupments near letters, he said, proved: federal law after Mrs. Kunm called a nes conference of She said no deternunation has been n "I conunue to strongly beheve that the her own, to claim pohtical victory based on a rules are diegal, and Snellmg - by s .ikes precedence over transportation of governor is playing the wrong role m tius newspaper report m which a lower U.S. the assumption they are - took ' adso ctive matenals; that Vermont would drama "ste said. Transportation Department official was reak the law by enactmg more restrictive traordmary position" of favonng the "I trunk he's completely off the mark, wiuch quoted as saying restrictive state laws would govenment. ules cf its own; and that Mrs. Kunin's cam- shows he is out of touch with the people of not be challenged. wgn aides were " clearly wrong" to release Vennont." 14wn. ;n a letter dated nursday, said local og,.re testing somethmg here," s'. t,e dates cf six past sNpments. De Democrat also distnissed Snelling's or state rules about shipment of nuclear wastes ..gg s not a question of rolhng over and And,Snilling said he would arm himself with assertion she seized on the tughly emotional are invahd d they are inconsistent with federal .yes sir.* It's a question of defendmg the he letters and seek a court order barring nuclear waste shipment issue to salvage her requirements. "I think this lett: r doesn't carry wet. uture shipments if Vermont routes acre otherwise floundermg gubernatorial cam- lie also said restrictive rules in upstate New as govemor. I would contmue on the er hosen because of restnctsve rules an other paign. York and Michigan - which Mrs. Kunm said making sure Vermont's 14,ws are as si tates. De exchange marked the latest round in a diverted the nuclear waste shipments to New York's and Mactugan's." lie then said the matter sbould be land to ret. dispute which began m August, when three Vennont " appear to be inconsistent" with She said Vermont should enact reg:. "I know of no potential of future develop. anti-nuclear groups said nuclear fuel ro ls from the federal rules. and force a challenge,if necessary, rath( ients that can bear on ttus assue," he said. "I an Ontano reactor were heing routed through But he said the Transportation Department Nuclear Waste Route Controversy concede the issue to the DOT. y y n, . , n b U.S. Backs Snelling Over Shipment MONTPELIElt, Vt. iUPI) - The New York and Michigan - which the gubernatorial candidate - over EV * e. * * US. Transportation Department - Snelhng administration beheves recent shipments o a cac ive through a top-ranking offKial - illegaly restrict nuclear waste materials routed oug - , confirmed the Snelling a d- shipments in those states - would be ne stuprmnt senes dM ininistration's interpretation of challenged. late last month' but Mrs. Kunin has are illegal. . IIc has not yet received a respo'se. federal regulations over stuprnent of "What's important to Vennont is said the shipments could have been g, nuclear wastes, Vermont Tran- that it not become a corridor of least revent f nno" sportation Secretary Tom Evsim resis'ance, and that is a battle that y nd Mictugan and news conference to declare victory in said Thursday. has not yet been won, , he sai . emetM restrictive health as safety the dispute - citmg published lie said he was told by lloward "lle (Dugoff) did confinn that our re ulations comments of a DOT official who Dugoff, head of DOT's research and interpretation of the statutes was ecause t the rdes, reportedly said the department specta6 * programs admmistration, correct Quite frankly, I knew she , stupmen s s t wd not challenge Vermont d it states cannot legally enact rules to that. o actor enacted rules restricting tran- ne conunents merked the latest where routed through Vennont to a sportation of nuclear wastes. restrict transportation of radioactive g gg materials through their borders. round in a dispute between the SouthCarolma reprocessi g Evshn said Dugoff did not say, Snelling adnumstration and I.t. Gov. ov. tain d DOT, was also reported as saying however, whether rules in upstate Madeleme Kunm - the Democratic federal rules took e ence over there are no federal rules requirmg ; h3 o w- x - -

adopting and impelementing the federal re- i V quirements." 14wis wrote. ~ Snelling charged Friday that Kunin is press- Q~ QQ] Q, j , Q Q g] , Ing the nuclear waste shipment issue because g 1 "she has been unable to Imd other issues." b l He said campaign schools tell you to find an Mt NTPELIEll (UPI)Nl.- The U.S. btT ransportation Department emotional issue if you fail to make headway ed the Snellm. - through a top-ranking official - confirm- with other issues. g administration s interpretation of federal "Is it a fair political charge that I obeyed the regulations over shipmug of nuclear wastes. \,ermont Transportation Secretan a om Evslin said Thursday. law?"Snelling asked reporters, pointing to the y3 4. n Lewis and Palladino letters. lie said he was told by floward Dugoff, head of DAT's U u Lc research and special programs administration. s:stes "Madeleine Kunin's issue here is nothing cannot legally enact rules te restrict transportation of (Contir ued t m Page One.I more or less than a charge that I obeyed the radioactive materials through their borders. - law." Snelling said. "The issue really ought to Ess!in said Dugoff did not say however, whether rules Department to dw odnances in me der states be put to bed." [G y9 in upstate New York and Michigan - which the Snelling st kethe * ga} administration beheves illegally restrict nuclear waste {e ,, not e c ved p9nie. Wednesday. Mrs. Kunin held a news con!cre .c shipments tp those states - would be challengeo. ,Mhat s important to Vermont is th,at it not become a declare victory in the dispute - citing published < corridor of least , resistance, aad that is a battle that has ments of a DOT o!!icial who reportedly said the de; not yet been won. Evslin said. ment would not challenge Vermont if it enacted r restricting transportation of nuclear wastes. " lie (Dugoff) did confirm that our m. terpretation of the statutes was correct .. Quite frankly. ! knew that.' The official. Altn Roberts of the DOT. was The comments marked the latest round in a dispute bet- reponed as saying there are no federal rules reqw ween the Snelling administratinn and Lt. Gov. Madelci:ic that states allow hazardous wastes to be s.iipped thri - Kunin - the Democratic gubernatorial candidate -over their bada s. recent shipments of radioactive materials routed through Mrs. isunin : aid the comments confirmed what she Vermont. said from the beginning. and she accused Snelhe " needlessly exposing" Vermonters to dangers inhere The shipment series was halted late last month, but (Se shipments. Mrs. Kunin has said the shipments could have been prevented if Vermont followed the lead of New York and Evslin said Dugoff-described as Roberts * supert Michigan and ciacted restrictive health and safety the DOT - said the comments did not accurately te regulations. the department's position on the issue. And he criticized Mrs. Kunm for contmumg to ca' ---Decause it did not enact the rules. she said, shipments emergency regulations that w ould restrict ft of spent nuclear fuel rods from an Ontario reactor were shipments. routed threnh Vermont to a South Carohna reprocessing "The only emergency I can see coming up is the . plant. tion. there are no more shipments." he said. Cov. Itichard Snelling maintained federal rules took "I think it's a li',tle premature, on the basis of a t? precedem e over the shipments, and restrictive state hand owte frum a middle-level bureaucrat, to der regulati..n> uuld be illegal. victory - w hatever kind of victory it is." (See Page 6: Routes) - -{ p A% A%

""v_sugan and New York- .--- regulations. c.vvisionr. of the

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r I . | State t , Tar Local .. . ~ ~ ...... cB - - - - - _ g traeay, octobe, i,1982 . . . , Feceral Ru ing Could End Nuclear Waste Debate gan State Transportation Secretary Tom minist ration * 53 UAVID KARVEl.AS entervere with the tran,,netstum ,4 g~. % ,,,,.,w e Esslan maintains those rules are illegal Distnght bans on shipments. how, Duce the federal government h,te ardnus materials." t esaid and forced the sh pper en bring the cargo ever, have never been the issue. No one. Evshn saed Dugo. informed him tw. e muscle In%rk up ett mouth' . through Vermont moludmg Kumn has nfrered the argte. ~ Wdi the federal Tsansportaterm lac the department was sevestigatmg mheth if the Transpartatmn Department ment that states could mulamatarally nut. er it should even con eder reviem me ih, etment make en effort in enfarre tans '''''"'"''""# h' ''"'h'P"'"''"'""''''''**8''"*'*- ''8"'*"'"' rcerning the shipment nf nurle.ar e argn' cnnernversv wrinald for all gnargweses *d"P''d 'V 'h' '"a et aies Behind. **'"'"""'h"'.'he The issue has insnts ed a stale s right "lle said haswall- that if there ==cre Thas 6s the crucial questmn behmel The News mn. It wmdd etabhsh whether Sneb to set standards aimed at ensurmg the a grievance. they waild be en a penstem f a latest a lupte* m th'e rretsnu.ng saga hng. m ho rnntends the rules are mronses. sarc tv af resedents and whether the in act." saut Evsim a." the shoprew,* T he ansmer tcairl brent tent, as right. nr w hether Kunin. having federal gasernment artsvely enferres 6ts it seems clear t, Dugnif'e reemasks ..uas k eeluese.n to what hst evolt ed ent.* said the stat e has Ibc power to protect its regulatmos to make sure states are not that the department enes indeed hate a r sajor camp.esgn sssue teetween Gens edbr sal. m hern he labeled an " employee" citerens. es right. hema uniust. pnbry in wherh ret lat6cns are not te d rhard Snelhng and has Demnrr af er af Ihe stepartrseni Sreellme said he Erslm deculed nne to want for a Kunmi possemn =ccmed en recpe viewed unless a form 4 grievanre pnw ess actlenger. I.t. Ger Aladeseme Kunm unuld wait to hear from the department's response from Irmes, and on Thursday support from Roberts. deretter n? Ouwe is followed A federal Transportatum Depart higher ups. partiaidarly Secretary Drew called the hans of Alan Rnherts - Ike of flarardous Materials Regulations The issue at 'sa pnmt is purels .t nt off'a nal said thes week that at es has 1.cu ss. before dersome what steps in Tra n spor.ta t ion Depart ment offst e Roberts uwt tne department does pnhescal The shiprents, which were erary's pohry nd to seek out and take pot ed - tn Imd nut wf.at the nrit make mdepenelent assessments of travelang from Canade through Vermnne r aseew each and every local regulation Smee the desrinsure more than a department's pnhry actually is regulations passed by states The ar part. In Snuth Carolina. ==re halted by Snet ..mcerning nuclear waste shipanents, no nth agn th.st shipments of nuclear fuel lie duln't get his answer. although he ment wants in receive a formal petitann ling after several * pping dates were ff.s vatement was a pnhtical plus for mere m.ekmg their uav lhrough the state, said he was snformed that "nur in- frnen an "ageneved party" before Ironk mg puhhrized. whwh %e am ernne sawl .ntn. who saad et reaffarmed her pose- Snelhng has staintained et nnght be it. terpretatu.n af the law as enrrect " mia charges that state regulations may t. ore that Vermont synuld nat auto- ammmted to a breacj of security legal for Verm mt to track dow n anel set "The federal regulate < ins specifically t== diegally Idar kmg shipments. Re%erts Evehn said heespects an answer seMically be breakmg the laer af at taugh. amrA,e shippmg standards stap any juresdictmn from hanning f the saul withm the peut w ek. but untd it.e . 1its rules on such shipments. Vermont has mritten to the depart. shipments) " Evshn saul after talkma "There is ac way I iss.hle for us to federal government crually revient the %neHing, however. was not partecu ment asking far a ruhng nn toagh regu. with linward Dugoff. adrnimstratar of seek nur each anat everv regulatum that regulatens - there may be more heat r e pleased by the enmments from the latmns adopteel in New York and Merhe. the flesearch and Special Program Ad- e nuld m some w as rmdd operate to than idt an the qu.,tosi

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._ , |g Jit. u11111 Ulallus V1ctory in n acma w mc ucmc - Me-n TA vos # "They have a responsibihty la calarce the "If e has jumped the gun in assuming th.- | From Stall Reports Transportahon has tacen quoted as saymg ! regulations, in our view," he said. "We will are going to be inconsistent ''she said. l state regulations sou!4 not be challenged by DUltLINGTON - Lt. Gov. Madeleine M. imd some way to make them exercise their Snelling has said that Kunm should hau Kunin is claiming victory in her longstandmg the federal government unless a formal responsibilities, even il P means we have to been more vocal about nurle.n was dispute with Gov. Richard A. Snelling over complamt was filed regulations when they uere enacted by tr lie also pointed out that his agency does not (de a formal grievance " th2 shipment of nuclear wastes through Earlier this month, the governot halted state several ycars ago Kunin was a Vermw - have the time or manpower to mspect every Vermont. llouse rnember at the ttme regulation adopted by local govern ments. shipments of spent fuel rods travelmg from At a press conference in Durlmgton Wed- Canada through Vermont to South Carolma Wednesday. Kunm responded. "That's & neviay. Kunin also suggested the governor Hoherts said a challenge could be Ided by a the assue. lie had the authority ahen the for reproccasmg lie called for the halt after should act as "an advocate for Vermonters" waste transportation company or by state shipments were proposed to sJy. 'Why ofhcials seeking an opimon on rules enacted several of the shippmg dates were publicized rather than" appoint himself alawyer for the At her press conference Wednesday. Kunm Vermont being chosen as the route nf les federal government." by some otherstate resistance . " lie had the authority To date.he added, no grievances have been charged that the governor "took the wrong Tne Democratic gubernatorial candidate role m his origmal position." issue emergency regulations at that time. Tt . Ided in protest of the restrictive rules adopted Legislature could then foW up when said she has been proved correct based on in Michigan or New York uluch set higher Kunm said the proper role sould have been reports that a federal ofhcial has said the msurance requiren,ents and tougher cask to be "an advocate for Vermonters, not to convened. state can enact regulations that go beyond "If I had been governor. I mould have firs standards. appoint himself a lawyer for the federal federal guidelines. Snellmg. however, insists that any state government by defendmg the federal put up a bhnking yellow light before giving . "If Richard Snelling had done h.is rules tougher than federal standards would regulations. green light to these shipments " honework." he would have been able to stop violate the law. and he questioned whether "Deuuse of this reversal. Vermonters Asked if she considered this lates Mictugan and New York had the right to enact were needlessly exposed to the dangers of the dev'elopment in the controversy a victory for the shipments. Kunin contended. nuclear waste shipments." she said. Kunin thnse t egulations. her campaign. Kunm responded. it s lir. wever, the governor stood his ground said the incident was proof that Snelling. af ter That questiori was posed by state Tran- Sictory for all Vermonters . .11 proves m Wednesday. Snelling said it would be wrong three terms. "had lost touch with uhat the I;r Verrnont to adopt inconsistent regulations sportation Secretary Tom Erslin m a letter to origmal statement was correct. federal Transportation Secretary Drew preper role of governoris." simply because it knows the federal govern- Kunin recommended that the governor Snelling ordered a halt to the series . ] mint would not issue an automatic challenge. Lewis.The reply, due next week is expected shipments when the dates were made puht , to spell out the federal department's pohey of arlopt tougher standards - as have officials "The fundamental sprinciple) of an orderly m New York and Mschigan - and then tet the by the Kunin campaign offee. lie contene , Mclety is that peop'e have to be expected to non.ir.te rference . that publici2mg the dates was a violation , i Ersh.' has suggested that may not he good federal government decide whether they are f;lica thelaw."hesaid . consistent with the law federaldssclosurelans. 23 Al:n Roberts of the federal Department of enough

n. Feds back Snelling on waste shipments . ' VOsSA |0 - I T z- M ~ By KEVIN GUDDARD "I know of no potentia! el future appear to be inconsistent" with the days after the last shipment in the developments that can bear on tius federal rules. series.. MONTPELIER (UPfl - Gov. issue," he said. "I would argue that Lewis also said, however, that the lie also said, however, the NRC Richard Snelling said today he has this issue really ought to be put to bed Department of Transportation has no coceluded "no further action is received information from two top- on the basis of all the facts are authority to overturn the regulations. warranted" to pursue charges Mrs. ranking federal officials showing known.,* "The ultimate determination of Kunin's car.npaign aides violated conclusively that his position on the whethu , a (state or locah regulations by releasmg the dates of lewis. in a letter dated Thursday, controversial shipment of nuc! car " pr p t six past shipments.. wastes through Vermont is con- said local or state rules about t o s'' he shipment of nuclear w astes are Snelbng said the letter supported sistent with lederallaw. department's lawyer is " evaluating lus position on the controsersial ' inconsistent,* if they differ from the legal ophons for pursuing this Snelling held a news conference ta federal requirements - an assertion issue furt her." issue, which has dommated the ., gubernatorial campaign for more distribute letters from U.S. Tran. Snelhng said confirmed his position Palladino, in a letter dated Weu. sportation Secretary Drew l.ewis and that federallaw would pre +mpt an) than a month. Nuclear Regulatory Commission nesday, told Snelhng a number of restrictive regulations Vermont shipments routed through Vermont "The actions of the lieutenant Chairman Nunzio Palladino: accuse might enact. over the summer constituted one - governor's ca mp.n atn staff m Democraue gubernatorial candidate in- I,t. The U.S. Iransportation secretary not two - shipment series, and publicizing that confidenual Gov. Madeleine Kunm of , "scifish" politicing; and a>k that the niso said restrictive rules m upstate consequently.releaseof datesof past formation must be viewed as clearly g rimCaGm(131 aid to rest. New York and Michigan "cicarly shipments was prohibited until 10 u rong " said Snelhng. 23 - - , _ _Whea a report:;r askd [lism -/ < ; O | ' iwhethIr h2 might not hsv2 bren more vigilInt etrty this summtr i i , h i when hrst informed the waste | b shipments were bemg routed

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issue T,at =was " =totally = irrelevant = =.:and im- . ' 5.One i . . material." Throughout most of the news ce"' r < '" s aa 4 - IOOOVernor at reporters and disdained to an- eN swer some questions. O - 2. g *|t, >= P In one instance, Sne!!ing said By NEIL DAVIS /OSg A he did not want to have a debate re Pmi copes s, with a reporter who would then

MONTPELIER - Gov. Rich, - wnte about it. trd Snelling opened a news con. Snelhng has been having cam- (2rence Fdday by reading in a paign news conferences at the m:ttIr-of-fact manner a prepared Beh,md Tavern Motor inn and stat: ment on nuclear wsste trans. gemaw - cerenen ' portation, but he quickly be&ame The News at his government office building ' t: sty when reporters questioned u k conference room. him skeptically. Friday's was in the governor's Entering the last month of his corJerence room, suggesting regulations, but to cooperate sb despite his protestations to the ra.eliction campaign, the Re- Snelling was treating his - publican governor has been sbow . lently. statement as official rather than contrary. As evidence, he produced re- Snelling continued to charge, ing by his recent demeanor he is political. cent letters from U.S. Tra n, The aim.however, was to try to however, that Kumn's call for 1:ss the aloof frontrunner he was a , f w rnonths ago. portation Secretary Drew Lewis tougher Vermont rules governing Lt. Gov. Madeleine Kunin, his and Nuclear Regulatory Com- "put to bed" in Snelling's words, nuclear waste shipments is phony Dernocratic challenger, has made mission -Chairman Nunrio the waste shipment issue which campaign rheto ic, since federal a leiding campaign issue of her Palladmo. . Kunm has made "a central issue"law would override more restric- When reporters asked about of her campaign, as the governor charge that Snelling too willingly tive state requirements. went along with shipments apparent equivocations or gray p,n it. Along the same line, he as areas in those letters, the gov. Questioning whether it should | much as called Kunin a hypocrite through Vermont this summer of tse an issue at all. Snelhng said the | , spent fuel rods from a Canadian ernor abruptly stonewalled. by pomtmg out she was a state After repeated questions about mportut question is why Kunin representative when Vermont nu. tractor. More than any other issue the validity of his self serving in- has given it such a high priority. clear waste transportation law "The word ' nuclear * admitedly was debated, but neglected to riired by either candidate the terpretation of what Lewis and deq concerns in the wiste transportation one has Palladino had written, Snelling arouses make the points then upon which bitterly told reporters to read the mi~ ls of many people.** he said."1 she is campaigning now. d:minated the headlines and air- think it is wrong to try to make lle also accused her campaign waves, and more than any other it letters and report on them as they _ his gotten a rise from Snelling | saw fit. pohtic.si capital of such eoncerns." staff of acting in a ' clearly wrong. ; hose who have some desire Desp:te calling his handling cf manner when it released a secret cgin and again. the ongmal snipments a non is. Although he occasionally has to obfuscate can obfuscate all they schedule of the waste shipments want to." the governor declared at sue,the governor gave the subject in violation of feder.il confiden- be:n put on the defensive by her crethbility as an issue by saying cttacks on his economic (levelop- one point. tiality requirements. his 4.dmmastrat on would seek an So far m the campaign, this ment and environmental records. W hile accusing Kunin of playing upon fears about nuclear mjunction to stop another series issue is the first tn really brmg out f:r example, the governor seldam nf shipments if one ss proposed. during this year's campaign has safety by raising such an "emo- the Snelling anger which has tionalissue." Snelling became vis- Ibs pledge suggests Kunin's fl.tshed occasionally 1,efus e du ring shown pique as he did Friday. criticisms have had a tangible his political career. The news conference was the ibly emotional about the sugges- on administration policy, latest of his several attempts to tion he had been tax in looking out effect LL snuff the potentia!!y damaging is- for the safety of state residents. ese by arguing he had no choice, ...... , ...... rTPJ7 (hMEl and state law and ._ . SneEing Sa sieters re Proof - A /g - Q * % nuclear shioment controversy anyby. Oaly. consistent with federallaw, a'nd that DOT will /". G By NICK MARRO f the Nuclear._ Regulatory Com.nission hzs take steps. Vermont Press Bureau I jurisdictmn hc.said. - But while the 14wis letter says the Stichigan MONTPELIEll-The dispute over nuclear He abo~a said that NRC rules ovqridg any, and New York regulations are mconsistent wasta shipments took a couple new twists and _ rules set by the states for transportation og with the llazardous Materials Transportation turns Friday. - ~ nuclear wand, but that as a practical matter, j Act, the !ctter raises questions whether DOT , G:v. Richard A.Snelling, a Republican seek. the commission never challenges a state's . has any jurisdiction over the issue, and if so, ing his lourth term, told reporters Friday that rules. Instead, he said, shippers of nuclear just what steps the department plans to take to his position has been supported by both U.S. j waste materials simpiy find an altern.ste resolve the issue. Transpo-rtation Secretary Drew Lewis and , route, bypassing any state that has adop ed Macrki whn sits onlhe hada rran52nrta,,m Nuclear Regulatory Commission Chairman rules more stringent that the federal regula- tio'n%mmittee. said _the IWr onetn't have Nuizio Palladino. tions. jurisdiction over ifG shipments of nuclear * * * * "I -*# IE * But an aide to Sen Robert T Sf afford R-Vt . said Sneninr' has horn relvinte nn the wrong press conference:N[What the f acts show is thatSaid Maerki. "The jurisdiction l.ies with the federaj apnry for inform at' ion- - " E '''" I ''"! ' " "I- ther state can fiRC and it is the NRCipositinn ih a t Ihe. statn i . interfere with the shipments in interstate com- should folThw !be federallim" As a practical matter, said a. .KA m ictor- | merce of spent nuclear fuei rods." 'ITiiOGerki said he has t,een informed by _M aerki, the state could block the shipment 5. , "That is the-requirement of federal law." Guy Cunningham of the NitC's legal staff that Snelling, at a Montpelier press conference, Snelling said. "This is the position I have taken as a matter of practical policy, the NRC won't refused to " debate" the question of who has since the very begirining of this controversy. instigate litigation against those states which ' urisdictionj over shipping of such wastes. Fur. The Secretary of Transportation of the United set their own standards for shipments of thermtre, he said, the whole controversy States has written a letter which clearly sets radioactive materials. * "rtally ought to be put to bed." forth thatlaw, and the fact that it is applicable "Cunningham told me that that is up to the For a month now, Snelling and Democratic to every citizen of the United States " Snelling licensee," Macrki continued. "What's happen- gubernatorial nominee Lt. Gov. Madelein M. continued. ed is that the licensees have found it easier to Kunin have been arguing over whether Ver- Kunin has suggested the governor should alter the shipment routes rather than sue mont could or should block shipments of spent have halted the shipments until concarns over Michigan or New York State." nuclear fuel rods en route from Canada to safety were resolved. Asked about the jurisdictional question, 5:uth Carolina. She also suggested Snelling should have Snellmg said Lewis' letter was clear that the DOT has jurisdict,on.i in addition. ti te governor has accused determined why two other state's - Michigan Kunin's staff of releasing information about a,nd New York - had imposed tougher regula. What Lewis' letter says on the jur,sdictioni past shipments which should not have been' tions that resulted in a change of routes used issue is as follows: made public. Ile has asked for a federal probe by the company shipping the fuel from ,"'Ihe liMTA does not expressly provide DOT of whether Kunsi's staff violated rules cc Canada. with authority to overturn requirements that releasing such information. Snelling did call for a halt of the shipments, we consider to be inconsistent. "As discussed above, while the courts m Snelling produced a letter from Nuclear but said he did so because members of Kunin's campaign, staff had breached security by defer to DOT s interpretation regardmg ,ayin- Regulatory Commission Chairman Nunzio J. consistency, .he ultimate determine of Palladino Friday saying that because of "am- releasm,g mformation a bout the shipments. lie said Friday that Palladino's letter clear- whether a biguitics" in NitC letters to Kunin, there the courts., requirement is pre-empted is lef t to should be no further investigation. ly sho,ws that Kunin's staff was wrong in "... The commission has concluded," said publicarmg confidential inform a tion. Asked if he would specifically ask for a court Palladino. "that gathering further inform a tion Ilut Palladino's letter also says that the challenge of the Michi,gan regulation. Snelling (about the release of shipment schedules) is NRC s correspondence on transmitting the ansvected that Lewis letter says DOT wili n:t necessary to protect the public health and shipment schedules is ambiguous and that it uphold eie la w. safety." e - would be reasonable for an individual to arrive Wrote Lewis, "To date no affected person Th2 governor also released a letter from at We concluskn r,eached by the Kunin ca mp. has requested a formal inconsistency ruling Ilowever, Snelhng said Lewis' letter is the with reguard to the requirements you mention- federal Transportation Secretary Drew Lewis. final u rd on whether states can itspose their ed, nor have those requirements been SnelMg said the letter proved he took the right own regulations to halt shipments of radioac. challenged m cot.rt. steps in his handling of the waste shipment , tive materials. My general counsel is currently evaluating i ' ut earlier Friday, an side to Sen. Stafford The governor said Lewis' letter clearly says the legal options for pursuing this issue further - 1 d. in Washington said the Deoartment of the DOT has jurisdiction in the m atter, that the in light of the general pre-emption framework % m m m-w % % MichiT,i n and Gtw Wonh rm@ere rm frn- of t_he IIMTA and the sWsific provisions of the 7anell.ing Claims Federal Bacla,ng m, Waste Controversy MONTPEl.! Ell (UPI) - he dispute over would argue that this tssue really ought to be Vermont to a South Carolina reprocessing has no authonty to omturn regu:a- thipment of nuclear wastes took another twist put to bed on the basis of all the facts are pla nt. Inday, with Gov. Richard Snelling wa vmg tw o considers invahd. kno w n. " Snellmg - citmg the alleged secunty breach .etters f.e said conclusively supported his But Mrs. Kunin countered the letter from by Mrs. Kunin's campaign - halted the "The ultimate deternunatten of C . msitions - but Lt. Gov. Madeleine Kunin lew15 was not conclusive at ath (state or locall requirement is pre-c: hsmissing them as so much confetti. stupment senes four weeks ago. left to the courts," he w rote. She said it carried no " weight," and chargd But the issue has continued to dermnate the Snelling, a Repubhcan seeking his fourth Snelhng has consistently acted as a mouth- guternat.9 rial campaign - with Mrs. Kunin Lewis also sa d the department's L erm, to!d repcrters that U.S. Transportation piece for the federal government -instead of chargmg Vermont was used as a " route of ..evaluatmg the legal options for purn secretary Drew Irwis and Noelcar Regulatory an advocate for the state. least resistance" for the spent fuel because of issue fuather~ omtrussion Chairman Nunzio Palladmo ne letter from Palladmo, she said, vin- stnct rules in other sta tes, and Snelling saymg Mrs. Kunm said she believed the ke*. . greed he has acted correctly smce learntng dicated her staff of Snelhng's claim it that federallaws w ere pre-emptive. in the letter was Irwis' assertien t' tus summer radioactive matenals would be " breached" federal secanty regulations by Snelling's news confecence came two days regulations " appeared to be" mconsu outed through Vermont making public dates of the past shiprnents. near letters, he said, proved: federal law after Mrs. Kunin called a nos corJerence of She said no determmation has been : "I contmue to strongly believe that the her own, to claim pohtral s ctory based on a akes precedence over transportation of governor is pla>mg the wrong role in this newspaper report in wtuch a lower U.S. ru!es are tilegal, and Snelbng - by a- rhoactive materials; that Vermont would drama," she said. the assumption they are - took - reak the law by enactmg more restnctive Transportation Department official was traordmary position" of favonng the "I trunk he's completely off the mark, w hich quoted as saying restrictive state laws would govenment. u!cs of its own; and that Mrs. Kunin's cam- shows he is out of touch with the people of not be challenged. naign aides were " clearly wrong" to release Vermont." o g,.re testing somethmg here~" s'. he dates of six past shipments. tewas, in a letter dated Thursday, said local De Democrat also dismissed Snellmg's or state rules about shipment of nuclear wastes ..It's not a question of ronmg over and : And.Snelhng said he would arm himself with assertion she seized on the tughly emotional are invahd if they are inconsistent with federal .yes sir 'It's a question of defendmg the he letters and seek a court order barring nuclear waste shipment issue to salvage her requirements. "I think this !ctter doesn't carry wen uture shipments if Vermont routes wcre otherwtse floundenng gubernatorial cam- lie also said restrictive' rules in upstate New as governor, I would contmue on the cc hosen because of restrictive rules in other paign. York and Michigan - which Mrs. Kunm said making sure Vermont's laws are as s' tates. . De exchange marked the latest round in a diverted the nuclear waste shipments to New York's and Michigan's." lie then said the matter should be laid to rest. dispute which began m August, when th ce Vermont " appear to be inconsistent" with She said Vermont should enact reg; "I know of no potential of future develop- anti-nuclear groups said nuclear fuet ro is from the federat rules. :ents that can bear on ttus issue," he said. "I and force a chailoge, af necessary. rathe an Ontano reactor were heing routed trirough But he said the Transportation Department concede the assue to the DOT. y- Nuclear Waste Route Controversy yy io.,- n M U.S. Backs Snelling Over Shipment MONTPE!JEft, Vt. (UPO - De New York and Michigan - which the gubernatorial candidate over Ev me tu ed e U.S. Transportation Department - Snelling administration beheves recent stupments o through a top-rankmg otheial - illegaly restrict nuclear waste materials routed rcug confirmed the Snelling a d- shipments in those states -mould be ne shipment senes dM rnimstration's.. interpretation. of challenged. late last month, but Mrs. Kunin has are illegal. federal regulations over stupment of "What's important to Vermont ts. said . the shipments. could have been lie has not yet received a response. nuclear wastes, Vermont Tran- that it not become a corndor of least rever ted if rmon , sportation Secretary Tom Eyslin resistance, and that is 2 battle that n said Thursday, has not yet been won, he said. d rictive health as safety the dispute - cittng publiced lie said he was told ty lloward "lle (Dugof0 did conhnn that our regulations? comments of a DOT ofheial uho Dugoff, head of DOT's research and interpretation of the statutes was Because at did not enact the r Ies, reportedl said the department special programs administration. correct . Quite frankly, I knew she said, stupments o s nuecar states cannot legally enact rules to tha t." fuel rods rom an restrict transportation of radioactive ne comments marked the latest where routed through Verm oa spo materials through their borders. round in a dispute betu een the SouthCa c epr essing p Evshn said Dugoff did not say. Sncilmg adnumstration and 1.1. Gov. ov. however, whether rules in upstate Madeleine Kur in -- the Democratic fMeral rules wg @ wr g + h3 1 C Vicrory in Nuxe jSne ing aims Wastl' /O ' M ' D- ' k@YA } . hounded the governor over the !!y DAVID KARVELAS rounds the hotly debated topic. to mean that the federal Tra nspor- ; ** A ueo'ed P * ** [ Lewis acknowledged that his past month for not adopting tough tation Department is gmng to take g- MONTPELIER - Gov. Rich- department does not have express 4tandards hke those in New York legal action to overturn the rules ard Snethng declaring an'end to authcrity to overrule state regu- .and Michigan, which hN served that have been adopted in Michi- . s> , . the lingenng omtroversy over nu- latiens governing the shipment of as shippint routes for n; clear fuel gan and New York. 'F '* / # clear waste shipments, said fri- hazardous waste. transported from Canada to South Lewis' statements, howe v e r. 3 day his position in support of Snelhng. at a news conference. Carolma show only that the department's # federal rules has been vmdicated produced the two-pige letter and She sad f.iilure to adopt such course of action is unclear. The " - by U.S Transportation Secretary said it showed he was the clear rules has made Vermont the new letter emphasized that depart- Drew Lewis. wmner in his hattie with Lt. Gov. shipping route because it is the ment does not have clear author- Snellmg*$ victory speech might Madeleine Kunin, who is path of least resistance. endanger- ity to overturn inconsistent regu- -== 4 have been premature, however. challengmg his re-election bid ing the lives of those who live lations. 1- De governor's position has this year, along the route. . It went only so far to say th - y 4', - h been that federal law bars states The governor advised re. He governor, clearly upset by the rules adopted in Michigan And t- from adopting rules that inhibit porters that it was time for the the charge , said during the r ews New York appear to 9 inconsis- ,M h* the transportation of hazardous matter "to be put to bed." claim. conference taat Lewis' letter tent with federal regulations. Na ] Q'd ~ ' Q materials. ing Kunin has attempted to score showed he was right in claining determmation has been made that v < p. Lewis, in a letter to the Snel- pohrical points by playing on the that such rules vic! ate federal they are inconsistent, howe s er, e Iq ' ling administrati on, has con- regulations. M,M; ,,,F emotions of Vermonters. the letter indicated. . 1 G[ firmed that uncertamty still sur- ne lieutenant governor has lie also mterpreted the leter "I thmk the key word here as GOV. RICHARD SNE .

* appear," Kunin said. "It indicates "My legal counsel is cerrently Snehmg also produced a letter has concluied that no fdrther at- to me the final arbiter is going to evaluating the legal opinions br from a Neocar llegulatory Com- tina is warremmt m this parucular be the courts. I don't see anything pursuing this issue fur *,her m hght mission official, w ho said no ac- (ase." he said in this letter that would dis- of the general pre emption uon would be taken in connection Kunm said she was pleased courage me, as governor, from frarnework of the dederal rules) with the pubbcation of ses cral with that decisum. ~1 think it's promulgatis.g reasonable rules for and the specific protisions of the sinppmg dates of the n u cle a r very po,itive in that t.o further the state of Vermont. Michigan and New York regu- waste. action is warranted." she said ' Kunm's campaign staff "I'm really ph ased our record has ~1 thmk it's up to the governor lations," thi letter said. re- of Vermant to adopt rules that Led _ letter indicates that leased the dates of the shipments been cleared " De New York rule, which in protect the safety of people of Snetimg may be correct in assum- through Verms . aites they oc- state," she said. "1 still believe the ing that the rules adopted in Mich , cur.ed, [email protected] Vermonters had a creased the insurance require- governor is playing the wrong igan a'r d New Yoa k are illegal, bait right to know whea the lethal ments for the carcq. 'would also it fails to reach a conehssive opm- cargo passed through the state. apptar to be mrom.as ent." Lewis part m this drama. Ile's playing ' the part of a federal official." ion. Snelhng chaa ged that Kunin's sait it says the oepartment has in staff violated secrecy prosistons The letter said depar t ment the past issued a number of "in- that prohibit the release of such M. lawyers are studying the matter ' consist er'cy rulinip." in which information. .i n d halted the to determme what, if any, legal cc-tam prmciples have been laid shipipert, action could be taken. .g g gg,q Commission Turn to SNELLING, FaDo 2B flased on those past ruimgs, has deoded to drop its probe into ' Lewis said. Michigan's regulation the release of six slappmg dates, setting tougher packaging stan- arcorthng to the letter from com- dands "would cleariv appear to b" nussion Chairman Nunzio inrurwietent with the federal regu- Palladmo ''The NitC has con- ta rions " sturted a review of this matter and - -- . ' * Leahy Says Vermont Could Pass 9e

p Its Own Rules On nisNuke view to the Snelling V ao. astesministration for weeks for not Sy ELIZABETH SLATER federal law governing nuclear having proposed tough safeguard waste shipments as precludmg the ministration. which has contended Yermoot Press Buicau that federal law prevents states regulations over the transport of Vermont could enaet ability of individual states to enact nuclear wastes through Vermott. " reasonable" regulations their own tougher requirements. from enacting their own safety transportation requirements. She has contended nuclear governing the transport of nuclear and said he was " concerned as a But Leahy said he assumed the wastes are being shipped south. wastes without risking federal Vermonter we as a state haven't ward from Ontario through Ver. done enough" to ensure safeguard state Legislature wau!J be con- r epercussions, U.S. Sen Patrick J. sidering the issue next year, ad. mont because Vermont is the route Leahy, D.Vt.. contended Monday. requirements for the wastes of East resistence in light of tough "The federal government would traveling through Vermont. ding he would be "very happy" to help anylawmaker,itepublican or regulations enacted by two other go along with reasonable Leahy offered no specific states. New York and ,5fichigan. recommendations about the type Democrat, in researching federal regulations. They have in the laws to devise specific state Although Leahy agreed hionday past," the senator asserted at a of restrictions Vermont could !!'at problems might arise if all enact, other than to suggest the legislation. , Montpelierpressconference. Leahy', comments, prompted states enacted waste transport "The federal government is not state could tailor the federal requirements stiffer tha1 those * by questions from news reporters, regulations to meet terrain within federallaw, he doubted the about to override a reasonable . brought the senator squarely down requirement" enacted by states, requirements here. federal government would be "IWhall makes sense in Oregen on the side of Democratic h'e said, adding the government gubernaiorial candidate incliced to challenge the state hh would be "pragrnatic" about such might not make sense in Texas," actions in court *1f they don't have as heput it. Madeleine 31. Kunin. Kunin has state rules. been jabbing the Snelling ad- to." Leahy said he did not interpret lie also said he has'not offered M Leahy: State needs shipmentvosa rulesu m 2- . Gov. Richard Snelling and 11 Gov. Such a rule would itself be con- By KEVIN GOODAltD Madeleine Kunin, the Democratic sistent with federal requirements, he - The MONTPELIEll t UPit gubernatorial challenger. have taken said. federal government would not Leahy said today the federal challenge reasonable restrictions canon opposing or cannot positions do to regulate on what nuclear the state goyernment has (aken a the transportation of nuclear wastes waste stupments such as were routed " pragmatic" appruach to state through Vermont - evenif they were through Vermont tius summer, regulations on shipments of more prohibitive than federal Mrs. Kunin has ssd the state radioactive materials. regulations, Sen. Patuck teahy, D. should enact rules at least as strong "I think were havej justifiable Vt., said today. as those in other states, to insure concem in this state; we ought to be 14ahy also told reporters that as a Vermont doesn t become a " route of able to tell the federal government Vermonter, he was " concerned" the least resistance" for the materials. exactly how we wan' it done, and the state had hot done enough to Snelling, however, has maintained federal governmeat would go along estaNish rules over shipments of that federal laws are pre-emptive. with it," he aid. radioactive materials, and that any state regulations in- "The federal government is not But he sair! aside from possibly consistent wnh the federal rules are about to override a reasonable state tailoring its requirements to insure illegal. or localordinance." casks carrying the nuclear materials lie has asked Transportation lie said any outright ban enacted could withstand a fall into the state's Secretary Tom Evshn to to draft by states on nuclear shipments might many " gullies " he had no specific revisions to strengthen Vermont be challenged, but the prospect of a /N suggestions to strengthen Vermont ~ regulations by allowing the state to federal challenge would be greatest regulations. block shipments if its routes were if several states moved to prohityt

------mrmmrMiracydn RD be a lot a i- -

< 0 0 such a standard would be in . . , ' * ' . | 0 consist nt," he said. ;- |(| O { I Dugoff's comments shed sorne , . * bght on one of the major Cou 'd Set Toug,er Esse # con-Dispute Over . that the governor take steps to

, . . ,N u ke ' protect the public against future 3,. Re cg uatio n s ,"&n== uclear Wastes vos# A fP to - d* New York, whch were previous By DAVID KARVELAS transportation of hazardous mate- shipping routes for the Canadian " N 4..m;wd r,... nals. Furtherrnore, he said, he has nuclear fuel. #ter those states g MONTPELIER - A top rank.- no rear.on to believe the rules cracked duwn however, tlie 3 ing frderal official said Sunday I apf roud this year by the Ver- shipper decidel to bring the Varmont has the right to adopt mont Legislature,, which mirror potentiaity lethd cargo through , k hazirdous waste transportation the federal standards, are inade- Vermont. The imternat is no long- I D - / ' 7 ~2' - Wbhd [4 rulIs trugher than those enacted qua t e. er passmg throigh Vermont be" By NICK hf ARRO On FridJy, Snelling produced a by the federal goi ernment. cause of the Imgering con- Dugoff, in an interview from Vermont Press Bureau letter from Nuclear Regulatory "Wa*v e been trying to en- his Maryland home, said states do troversy- An aide to Sen. Robert Stafford Commission Chairman Nuntio J. courage state governments to have the power to set tougher Snelling hasdefended his ac- said Friday Gov. Richard Snelling Palladino saying that because uf play as vigorous a role in this area standards than those adopted by tion', or lack of it by say,m g feder- has been relying on the wrong "ambiguilles" in Nuclear as possible," said Howard Dugoff, the federal government. .a1 law specifically prohtbits states federal agency in pursuing his Regulatory Commission letters to administratnr for the Agency'of In particular, he pomted out from enacting measures that bar fight with his Democratic rival Kunin, there should be no further Trensportation's Research and that states could set special re- the transportation of nuclear ma. over shipping of nuc! car wastes investigation. Special Programs Administration. strictions on shipments traveling tenals. lie said the laws adopted through Vermont and that, as a " the.. commission has con- "The statute spells out the role for through tunnels and over bridges. .i Michigan and New York are Practical matter, the state could cluded." said Palladino, "that state and local governments to lle also said stA ss could impose illegal, an opinion with which the block the shipments. gathering further information take any action they deem ap- stricter traffic control measures federal government appears to be But Snelhng, at a Montpelier labout the release of shipment propnate just so Igng as it is not for the protection of residents and siding. press conference, refused to schedulest is not necessary to mennsistent with federal stat- could dictate what time of day the The governor said he has been " debate" the question of who has protect the pubhc health and a t e s." cargo would be allowed to travel. aware Vermont could adopt rules jurisdiction over shipping of such safety." Dugt.ff's comments came two "There are lots of tunnel and different from the federal govern. wastes. Furthermore, he said, the The governor also released a days efter Gov. Richard Snelling bridge restrictions which we ment. but he added existing state whole contmversy "really ought to lettet from federal Transportathn called for an end to the political would consider to be consistent regulations seem to be adequate. be put to bed.', Secretary Drew Lewis that controversy surroundmg the with the federal scheme." he said. In addition, he said, the state For about a month Snelling and Sne!!ing said proved he took the shipment of nuclear wastes "We certainly recognize this is an rules were not set hy the gov. Democratic gubernatorial right steps in his handling of the thr: ugh the state. Ilis political area where states have an impor- ernor, but by the Legislature. aominee Madeleme Kumn have waste shipment issued. spponent in the gubernatorial tant role to play." "The question really is.ran you been arguing over whether Ver- But earlier Friday, an aide to :ontest, Lt. Gov. Madeleine Dugoff emphasized any regu. stop them?" Snelling said of the mont should block shipments of Sen. Sufford in Washington said

. . .

OCT 6 1982

b \& Lloyd F. Novick, M.D. Comissioner Department of Health 60 Main Street Burlington, VT 05401

Dear Dr. Novick: ?.

Subject: INFORMATION ON CASKS USED FOR CANADIAN SHIPMENTS THROUGH VERMONT . In reference to our discussion at the CONEG meeting in Albany, New York on September 30, 1982, I have enclosed infomation on the HRC packaging standards for radioactive materials transport, the NRC Certificate of Compliance for the casks used for the shipment of irradiated fuel elements from Chalk River Nuclear Laboratories, Ontario, Canada including the safety analysis and other infomation relating to spent fuel shipments. I hope this infomation is useful. If there is anything further we can provide, please let me know. Sincerely,

c:isinal signed by ' # ' F'*AE A. !~ 503 AL'52 / Donald A. Nussbaumer Assistant Director for State Agreements Program , Office of State Programs

Enclosures: As stated Distribution: DANussbaumer Reading Dir. Reading SA Reading VT File (fc), w/e encl. / FBrenneman, Reg. I, w/o encl.

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- - * - . - - - . w " M A*M M %IL3_'s M P~ d @'' W i*'#' - 48: - - - . . ' ' 'i:1p @s p.....mrbgtonf|ree$ress - 156th Yeor/Servin'g Vermont e No.309 Y/ednesdor. October 27,1982 Th,ee News Sections *23 Cenes ^1 uke Was*e S,ipper Fi es Grievance Against Vt . 14 .NEIL DAVIS said at a new. conference. / tent with federal law e..p' r e.. c.p 4 s, shipmens. Snelling called a halt Vermont's position. Nuclear As urance spokesman Inconsistency ruhngs also are to the cries, charging she had trans on the basis of something L10NTPELLEf - Gov. Rich- tarry Danese said the, shipper bemg sought by Nuclear As. "I told them (governor and verbal.'' he saed. breathee secunty, staff) sf I didn't get something ad Sr.ehng's' formal refusal to requested on t>ct. 7 that tt.e state surance against Michigan arid the The Nuclear Assurance ofracial ;., a ta nt . m ore nuclear waste reply in wntmL and Ssellms did New York State Throway Autbur. allowedaeKunasaid shipments Snelling and too shculd readsly restart more the shapesubstantial >ents." i did the planman- to said he attached the letter. as a..pmer.ts through Vermont until no Oct. 8 by letter. . it y, .t.c rulf. of the game are changed which have restricted have nefied the officials of mu- ager said evidence of Verrnant's ban, to the Danese, manager af cask oper. s'upments. Danese said nacipaises along the route. She nn roulted an a gnevance bmg ations. said he interpreted Danese said he needed the let.ment. films with the federal depart. Nuclear Assurance had been also hacalled for,more restnc. ter because Nuclear Assurance Snelhng's letter triggered the alote. (arm. ag; lie air.st said Tuesday. the state byshipping a ship. and Vermont's applied the folL~w. pos6tson as a ban on shipp9ng wastes through Vermont teve stae regulations for the was in the position of violetang its grievances against Vermont Wl.c n Nuclear Assurance ing week to the federal Depart- groupsthis made summer the factuntil pubhc anti nscicarand artsve transporution amenals. of highly radio. contract with Atomic Energy of Michigan and the New York au' a'.ap. inquired earlier this month ment of Traraportation for an Madeleme Kunm. the Democrasse Canada Ltd. to move the wastes thonty because at left Nuclear . Lout starting ancther series of " inconsistency ruimg * in as Oct. 7 telephone con. from the Chalk Rever teactor in Assurance without a feassble apent nuclear fuel shipments That form of grie.ance is a intocandidate a campaign for governor, issue. turned it versatie with Snelling about the Ontario to a reprocessing site in Vermont ban. Danese said he Scuth Carahna. route Jwe the shipment. Danese tt.sc, ugh Vermont. "We said they request for the department to ov- After Kunin's campaign staff asked &e "something more for- said. . tier not do.it." the governor errule the state , ban es inconsis. made pubhc the dates of pnor *3 was in the pewillon of having mal" thas a spoken declarailon of interrupted my contract ulga. "W e'v e precluded any fuen to SHIPPER Pepe 7( ' -- . * 3|

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~ # State Not Target of Grievance ma gi t . Yg N U Ke W| Ip 3er .

g %1 a c%wWi\\ Comp y - |l - J':tg|,.4 - 1 '" Ban W ~~ With Vt. . Ip. By DAVID KARVELAS ''k DQ p~, a .N d and possibly s!!egal, regulations. - pe . . . .. n. a. c. a e,..i He said that until the federal 4 W :g MONTPELIER - The pressa Transportat.on Department de. ,f - p g dent of the Nuclor Assurance termmes the vahd;ty of those .< ' ff Corp. said Wednesday he will rules. he would not allow Ver. g - j abide by Gov. Richard Snelhng's mont to be used as the shipp;ng g4 , ,. "*,v,,. , L demand that no further shipments route. / , . . - y sbu ${N of nuclear fuel be trucked through Vermont. "I think they (federal officsals) * , Paul Schutt. whose company will fmd New York and Michigan

, f ' had been trsnsportmg the Canada. are incont + tent and they wn!! fmd

, an cargo through Vermont en no problem in Vermont." Schutt ,7*L ' . . route to South Carolina. said he predicted. ' V . does not blame Snelling for block. ' He said he included Vermont ,P , ing the shipments. even though it in the grievance proceedmgs to '; T% * p , pi could cost Ds firm 550.000 a year satisfy bureaucratic require. in profits. gt , menti "In certam situations hke y ., "My opinion is that the gov. this, you follow the rules. It's not hg% V ernor acted completely properly." up to me to decide whether ed - --_ A G Schutt said in a te:ephone m. Verment's rule is mconsistent? sicMacD CowPtatMwarr terview from his Atlanta. Ca A controversy in v o,1 vin g office. "I don't b!ame hire: for sh;pments of nuclear fuet began m town mdustrial park. Dr. Richard Norman, director of shuttmg us (own. He has got my late Aum

* shipments of Canadian nuclear shipments. claimmg security was Q fuel through the state. promptmg bre. ached when several shippmg SQw w SQttwe Schutt's company to file a grier. dates were released Two weeks ago. Schutt a p- ance with the federal rovernment. , good." Stephens said. He added. however. he Schutt said the cLLenge. how. proached state officials about the 79 when plans to write a letter to the Water Resources ever, was aimed more at two possibihty of brmgmg other r change Board suggestmg it exercise caution in dele. other states - New York and shipments through Vermont. The gulations gating authority to the town. M.chigan - tr an at Vermont. material is generated at an ex. ciectmen The town's regu's ions are " extremely Schutt said New York and perimental nuclear station m n annual restrictive." he said.1he water off the town. Machigan have adopted pohcies Chalk River. Ontario. and then is owned property could accommodate 150 that are " inconsistent" with feder. sent to a reprocessmg phant in ermits to boats. yet only 25 are allowed, he said al law tecaua they inhibit (*. e South Carolma tioats off Moreover. he said. "The land that the transp rtauon of nuclear fuel In a letter dated Oct. 8. Snel, town claims to own along Shelburne Bay was said he h not bew hng waM N company nc.t to Wilham acquired by federal funds"and shou.d be o.en umont is at ault kcause Snet con M n senCng any mm urne Bay to anyone in the Umsed States, but there is gm was nactmg to the shipr9ents through Varmont until hmited access to the area. regulations passed m the other after lederal officials had decided esidents two states and was not tryms to whether the rules adopted m us sans e The town should develop a marma for set an oattight ban on shspments Michiga;: and New York were phens In unnal use. he said lie und Sne!!ing's .appe o.as h legal. the te se Others. though. scem satisfied. Aske. who was to set a temporary mformal The governor advisen Schutt g felt the town was orismally overiegulating. pohey, while the other two states his decision to h re the shiprnents se hired a said the proposed regulations "shouldn't both. have adopted formal regulations would stand "umil such time as a peetrial er anybody." Snellmg said it was unfair for the responsable federal agencies .h to take Demine. too. is haopy. "The arcater one. Verment to be picked as the ship. estabhsh and enfarce a umform 1;h. ... :' = T.*?/ .*.*I a.t*** ** ** ** " *"* *** C.*.."1".*. *"".O ?.** *# *.".L*.T 2".'?~"1/*'** "* * '''"' *"" | I f, ? C h CEr()O Cl

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