2 Groups
Fight Nuclear Incinerator Project Near Yellowstone By Michael Janofsky
The New York Times
JACKSON, Wyo. -- It started with a short letter to a local newspaper here four months
ago, in which a woman from Ketchum, Idaho, warned Jackson residents that the Federal
Government intended to build a nuclear incinerator 90 miles upwind from Jackson and
Yellowstone National Park.
At the time, almost no one here knew what she was talking about.
Now, almost no one here does not, and the shift has led to the latest battle between
the Department of Energy and a Western community determined to stop construction of an
incinerator that some scientists believe will spew radioactive and toxic materials into
the air.
The conflict has a familiar echo in the West as the United States works to dispose of
nuclear and hazardous waste that built up during 50 years of cold war weapons research.
Federal laws require that the material be treated and disposed of. Yet, few communities
have been willing to play host to such operations.
Two environmental groups, one of them some Jackson residents who organized to fight the
project, plan to file suit on Friday in Federal District Court in Cheyenne, contending
that Federal laws have been ignored in allowing plans for the incinerator to proceed.
The groups -- Keep Yellowstone Nuclear Free and the Environmental Defense Institute, a
watchdog organization in Idaho -- contend that state officials in Idaho and the Federal
authorities forged ahead without properly informing Wyoming residents, without reviewing
the full range of health consequences and without considering a less threatening means of
eliminating the waste.
They also accuse the Energy Department, in planning the incinerator, of ignoring
"past accidents, mishaps and regulatory lapses, which have plagued its nuclear waste
program and which call into question its unsupported assurances about the safety of the
incinerator project."
The groups, which are represented by Gerry L. Spence, a nationally known lawyer and
Wyoming resident, in effect say that the fix is in and that Wyoming, the nation's least
populous state, with fewer than 500,000 people, can do little to stop the project.
"I'm concerned about the air I breathe, but ideally, this is not just a matter of
what's happening here," said Mary Mitchell, vice president of the ad hoc Jackson
group, which has been leading the opposition to the incinerator. "I won't really be
happy until they have replaced what I see as antiquated technology with alternative ways
of dealing with nuclear waste."
In recent years, community opposition helped thwart proposals to operate similar
incinerators at the Rocky Flats plant outside Denver, Los Alamos, N.M., and the Lawrence
Livermore National Laboratory in Livermore, Calif At Livermore, opponents of an
incinerator were aided by the laboratory's own scientists, who analyzed the proposal and
concluded in 1990 that burning nuclear waste violated "the cardinal principle of
radioactive waste treatment; namely, containing radioactivity rather than spreading
it."
But even successful opposition elsewhere has not stalled plans by the Federal
Government to build an incinerator at the Idaho National Engineering and Environmental
Laboratory, a facility the size of Rhode Island in southern Idaho that would burn much of
the most hazardous nuclear and toxic waste material remaining in the United States. The
material is now stored and buried at the site.
The Department of Energy has hired a contractor, British Nuclear Fuels Ltd., to build
the incinerator. Construction on the $1.2 billion project is scheduled to begin once the
Idaho Division of Environmental Quality issues permits that reflect its satisfaction that
state air quality regulations will be met and that disposal operations will not affect the
environment.
Steve Allred, the division administrator, said he would rule on the permit applications
by the end of the year.
The threat of a lawsuit has at least made the Federal Government listen. The chief
defendant in the suit, Energy Secretary Bill Richardson, said in an interview that
construction of the incinerator would proceed only if the department is assured that
operations would not jeopardize health and the environment.
Richardson said he had offered to meet in Washington with Spence and his clients to
hear their concerns, and Spence said he welcomed the invitation, but he added that the
plaintiffs would drop their suit only if the Energy Department abandoned plans for the
incinerator.
Until then, the plaintiffs have vowed to press on, based on their fears that wind
patterns would carry hazardous and radioactive emissions over parts of Wyoming that
include Jackson and the two national parks just north of Jackson, Grand Teton and
Yellowstone.
They have collected testimony from scientists who contend that despite all assurances
from officials in Idaho and Washington that a new incinerator would operate safely, some
toxic and radioactive particles would elude even sophisticated filter systems and
contaminate downwind areas.
To bolster their efforts and cover legal costs, they have raised more than $300,000,
with pledges of $200,000 more, reflecting a rare collaboration in this resort town of
6,000 people, where many rich and famous people have built second homes. In addition to
small contributions from hundreds of year-round residents, members of the Yellowstone
group said they had received $50,000 each from Harrison Ford, the actor, and James D.
Wolfensohn, president of the World Bank, who have homes in the Jackson area.
For now, the two plaintiff groups are on the mission almost alone. Leading Wyoming
officials, including Gov. Jim Gehringer and Senator Craig Thomas, both Republicans, have
asked the Clinton Administration to explain the need for an incinerator, rather than a
containment strategy. But neither the National Park Service nor politically influential
groups in Idaho like the Potato Growers of Idaho that could be affected by an accident or
inefficient operation have objected.
Michael V. Finley, superintendent of Yellowstone National Park, said members of his
staff were reviewing impact studies on the park and discussing pertinent issues with
officials from the Idaho laboratory.
Mike Duff, executive director of the potato growers group, which ˙represent hundreds
of farmers living near the proposed incinerator site, said its members were
"comfortable with the activities" at the laboratory.
Still, Jackson residents are worried.
"Nine years after Livermore, and we're still involved in a redundant effort,"
said Sophia Wakefield, a grocery store owner here who is a member of the Yellowstone
group. "It seems like such a waste of time. But we don't want to just stop an
incinerator from being built here. We want to stop it for all time."
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