NM Environment Department Starts Clock on Four Legacy Waste Penalties at LANL
The New Mexico Environment Department (NMED) has sent notices to Los Alamos National Laboratory (LANL) that the State intends to assess penalties for four environmental reports that have missed required deadlines. Each report could be subject to penalties of $1000 per day for the first 30 days late and $3000 per day thereafter starting at the date of the notice. These four assessments for FY2015 reports under the Consent Order (CO) showed up on the Los Alamos Electronic Public Reading Room (EPRR) daily notifications.
These four are the first Stipulated Penalties since 2009 that have assessed by NMED under the 2005 Consent Order. In January 2012, the State and DOE/LANL agreed to a “Framework Agreement”, which focused on shipping transuranic (TRU) waste from LANL to WIPP, and put the CO on the back burner. We believe that there were no Stipulated Penalties Lists at all for FY13 and FY14. NMED granted approximately 100 extensions to CO deliverables during this time, which were not subject to penalties.
Before the beginning of each DOE fiscal year (October 1st) NMED and DOE/LANS work out which 15 deliverables to the CO will have potential penalties attached during the upcoming fiscal year. These deliverables are documents or reports that cover activities required under the 2005 Consent Order, which lays out the fence-to-fence cleanup of legacy waste on the Lab’s 36 square miles. For instance, after a mandatory monitoring well is drilled, a Well Completion Report would be required. Each year there may be 40 to 50 or so deliverables required by the State, of which only 15 are chosen to be subject to penalties for being late or deficient.
TRU waste shipments stopped in February 2014 when a TRU waste drum (improperly packaged at LANL) overheated and released radiation in the underground at WIPP. The radiation reached the surface of WIPP and contaminated 21 workers. This TRU waste at LANL is not actually covered under the Consent Order, but much of the aboveground TRU (originally scheduled to be shipped before 2012) is physically in the way of CO cleanup at the Lab.
In December 2014, NMED fined DOE/LANL $37 million and DOE/WIPP $17 million for the release at WIPP. NMED Secretary Ryan Flynn has hinted that there may be up to $104 million in possible additional fines to DOE/LANL that also have nothing to do with consent order. But the four recent notices are all about the Consent Order.
These CO Stipulated Penalties may seem small compared the potential $100 million fines, but the Consent Order itself is the primary driver for cleanup at the Lab. There are millions of cubic meters of hazardous and radioactive wastes and contaminated backfill buried at LANL. These wastes will pose a permanent threat to our aquifer unless removed.
“The Consent Order was designed to keep pressure on cleanup of legacy waste at Los Alamos. Penalties for missed deadlines are aimed at forcing DOE headquarters in DC to provide sufficient funding. We are pleased that NMED is focusing on the Consent Order again and not backing away from assessing penalties. We have a long way to go and we must all remain vigilant as the Lab addresses each of the many cleanup sites at Los Alamos.” ~ Scott Kovac, Operations and Research Director, Nuclear Watch New Mexico
Consent Order Stipulated Penalty Documents for Federal Fiscal Year 2015
LANL Consent Order Extensions as of Jan 6 2015
Intent To Assess Stipulated Penalties – Phase II Investigation Report For Upper Canada Del Buey Aggregate Area, March 13, 2015
Intent To Assess Stipulated Penalties – Investigation Report For Upper Water Canyon Aggregate Area, March 13, 2015
Intent To Assess Stipulated Penalties – Installation And Instrumentation Of Six Boreholes At Material Disposal Area T at Technical Area 21, March 18, 2015
Intent to assess stipulated penalties – Investigation report for Starmer/Upper Pajarito Canyon Aggregate Area