Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017
Floor Speech
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Mrs. LUMMIS.
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Mrs. LUMMIS. Mr. Chairman, I would like to observe that I am the third of three daughters, and my father used to always say nothing good ever happens after midnight, which is why he gave us a midnight curfew. I am hoping he was talking about mountain daylight time instead of eastern daylight time, especially with regard to my amendment.
Mr. Chairman, my amendment is intended to prohibit funding to complete EPA's proposed rule for environmental protection standards for uranium and thorium mill tailings.
The rule is intended to protect groundwater from potential future contamination due to in situ uranium production. The intent is not bad, but EPA officials acknowledge there is no evidence in situ uranium recovery, a process that has been used for more than four decades, has ever caused an adverse impact to adjacent, nonexempt aquifers.
Also, the EPA lacks jurisdiction to impose these standards. The EPA has general standard setting authority; but Congress has designated the Nuclear Regulatory Commission, and its agreement states, as the lead when it comes to implementation and enforcement, a concern raised by the NRC's general counsel.
Now, the uranium industry has offered to work with the EPA to review existing data and conduct additional sampling, if warranted. The industry made this offer in May 2015, and the EPA never responded, which is a problem, which has been acknowledged earlier this evening with regard to an amendment about inquiries by stakeholders and Congress regarding the EPA. They are so busy making rules that they forget to respond to stakeholders and Members of Congress.
American uranium production already faces intense competition from overseas production and Federal uranium sales, where our stockpile is being sold onto the market, depressing domestic prices and causing additional importation of uranium into the U.S. The U.S. imports upwards of 90 percent of the uranium we need for our power plants.
The proposed rule's 30-year postproduction monitoring requirements will present a significant burden on already struggling producers in Texas, Wyoming, and the West, and it could lead to more mining bankruptcies. Employment in the industry has already dropped by 21 percent. Why are we putting miners out of work and employing them in other countries where we import the same product?
The EPA recently said the agency planned to finalize this rule before the end of the Obama administration is on track. This amendment may be Congress' last chance to stop the rule and save the domestic uranium industry. For that reason, Mr. Chairman, I offer and support amendment No. 70 to H.R. 5538 and ask for its adoption.
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Mrs. LUMMIS. Mr. Chairman, with great respect for the gentlewoman from Minnesota with whom I have had the privilege to serve for these past 8 years and whom I admire for her diligence and thoughtful representation of her constituents and our country, I would assert that the Nuclear Regulatory Commission, and its agreement states, are the lead when it comes to implementation and enforcement, and even the NRC's general counsel has raised this issue. The States and the Nuclear Regulatory Commission are in control of this issue. It is adequately regulated. It is appropriately regulated in a manner that protects groundwater. The injection wells and the recovery wells are from nonpotable water sources, and there are no instances where a nonpotable aquifer has contaminated a potable water aquifer.
For those reasons, I believe that this amendment is appropriate, and I encourage its adoption.
Mr. Chair, I yield back the balance of my time.
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