A Note on the Value of Site-Wide EISs in Midst of Texas Wildfires Updates

By Jay Coghlan

Texas wildfires live updates: Blaze grows to 500k acres, leading to power outages, evacuations across the map nbcnews.com/news/us-news/live-blog/texas-wildfires-live-updates-huge-blaze-covers-300000-acres-forcing-ev

The 2000 Cerro Grande Fire burned 3,500 acres of Los Alamos National Lab property and more than 250 homes in the Los Alamos townsite (I could see the bursts of propane tanks from my house 25 miles away).

It would have been worse except for a 1999 LANL Site-Wide Environmental Impact Statement (SWEIS) which postulated a hypothetical wildfire that eerily matched the real fire. That hypothetical fire was in the final SWEIS only because citizens (i.e. me) pointed out that DOE did not consider wildfire risk in the draft SWEIS.

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Breakthrough Study Bolsters RECA Claims for New Mexicans Exposed to Trinity Test Site Radiation

Plutonium Detections From Trinity Test Discovered 78 years After Test – Confirm RECA Must Be Expanded

Located in the Tularosa Basin in southern New Mexico, the Trinity Test Site marks the location of the first detonation of a nuclear weapon. Christopher Nolan’s “Oppenheimer” would have you believe this area is desolate, inhospitable and uninhabited. Contrary to this narrative and popular opinion, The area where the Trinity test occurred was not  uninhabited. There were more than 13,000 New Mexicans living within a 50-mile radius. Many of those children, women and men were not warned before or after the test. The event marking the dawn of the nuclear age in July 1945 ushered in decades of health issues for residents living downwind due to exposure to radioactive fallout. The long-lasting impact of radiation exposure is a painful legacy that the New Mexican communities have had to bear.


New preliminary information strongly supports Radiation Exposure Compensation Act (RECA) status for New Mexicans downwind of the Trinity Test Site. In the past weeks, Michael E. Ketterer, (Professor Emeritus, Chemistry and Biochemistry, Northern Arizona University, Flagstaff, AZ) has completed a short “proof of principle” study that directly investigates where plutonium in soils originates by analyzing isotopic ratios, in a known portion of the Trinity Test plume.

Dr. Ketterer sampled soils along highways NM 42, US 54, NM 55, US 60, and US 380. The isotopes show that there is definitely plutonium from the Trinity Test in the northeast plume, and distinguishes it from global (stratospheric) background and New Mexico regional background from Nevada Test Site fallout. Soils along all five of these highways contain plutonium that reflects mixtures of Trinity Test debris and global/Nevada regional background fallout; in some cases, nearly 100% of the Pu originates from the Trinity Test.

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Does New Mexico Deserve Downwinder Status: Definitely Yes, as Evident Via Plutonium Isotopes in 2023 Soil Samples

Michael E. Ketterer, Professor Emeritus, Department of Chemistry and Biochemistry
Northern Arizona University , Flagstaff AZ

Introduction/objective: to investigate whether plutonium from the July 16, 1945 Trinity Test can be identified in contemporary soils and dusts near the Trinity Site. A proof-of concept study was conducted via a small-scale July 2023 collection of soil samples along five public highways transecting the areas reported to be most affected (refer to 239+240Pu deposition inventory map from Beck et al., 2020). More-distant soil samples were obtained from the Carson National Forest near Truchas, New Mexico.

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New Mexico: America’s Nuclear Colony

Money doesn’t talk, it swears. (Bob Dylan)

Quick Facts

Nuclear New Mexico

• DOE FY 2024 budget in NM is $10 billion (double next state).
– 75% core nuclear weapons research and production programs
– 28% life extended and new-design nuclear warheads ($2.65B)
– 20% expanded nuclear weapons production ($2 billion)
– $1.75B expanded plutonium “pit” bomb core production
– 5% for dumping radioactive bomb wastes (WIPP $484 million)
• Expanding nuclear weapons programs sold as jobs, jobs, jobs
• Los Alamos County (LAC) 70.6% non-Hispanic Caucasian
• LAC is 11th richest county in USA, most millionaires per capita
• Los Alamos County median household income $123,677
• Los Alamos County per capita income $64,521
• Los Alamos County persons in poverty 3.7%
• Los Alamos County has least children living in poverty in USA
• Los Alamos County rated best county to live in in USA
• Historically LAC schools subsidized added $8 million/yr from DOE
• LAC receives >$50 million in annual state gross receipts taxes
• Dept of Energy renewable spending in NM is 0.5% of $10B budget
• Indigenous and Hispanic lands unjustly seized for LANL
• World’s first atomic bomb detonated at Trinity Test
• 75 years still no govt tally of sick Navajo/Laguna uranium miners
• At least 8,280 sick Los Alamos and Sandia Labs workers
• Major hexavalent chromium groundwater contamination at LANL
• LANL plans to “cap and cover” and leave >200,000 yd3 of waste
• USA’s largest repository of warheads 2 miles south of ABQ airport
• Nation’s only plutonium “pit” bomb core production site at LANL
• Nation’s only dump for bomb wastes at Waste Isolation Pilot Plant
• NM targeted for all of nation’s lethal radioactive high-level wastes

New Mexico

• NM’s entire FY24 state operating budget is 6% less ($9.4 billion).
– 54% public education K-12 and higher
– 34% public health and safety

• NM per capita income falls from 32nd (1959) to 47th (2022)
• New Mexico 50% Hispanic, 11.2% Native American
• New Mexico 4th poorest state
• Median household income $54,020
• Average per capita income $29,624
• New Mexicans in poverty 18.4% (3rd highest in USA)
• 30% of New Mexican children live in poverty (highest rate in USA).
• New Mexico rated worst in well-being of children
• New Mexico is dead last in quality of public education
• Six surrounding county govts suffer net economic loss from LANL
• New Mexico has very abundant renewable energy resources
• DOE transfers excess land to white, wealthy Los Alamos County
• Generational cancers, Downwinders never compensated
• Chronically delayed remediation of 260 uranium mines and 7 mills

• NM facing decreasing water resources and increasing wildfires
• Lab commonly hires away senior NM Environment Dept officials
• >$5B for plutonium facilities, more than all NM schools & hospitals
• DOE threatens to sue NM over new WIPP state permit conditions
• Federal Nuclear Reg. Comm. grants license despite state opposition

New Mexico: America’s Nuclear Colony

New Mexico is the birthplace place of nuclear weapons. The “Land of Enchantment” has always been the single most important state within the U.S. nuclear weapons complex. The Department of Energy (DOE) will spend $10 billion in NM in FY 2024, 6% more than the operating budget of the entire state government.

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Holtec International, the U.S. Federal Government, and the State of New Mexico – What Do We Know?

Nuclear power is a trending topic lately. What’s missing from most of these conversations is the nitty gritty details of the nuclear waste produced from nuclear power plants, and how to handle it. In mainstream and social media, nuclear is often hyped up as a climate solution and the issue of what to do with the waste is promoted as being nearly or already solved. Unfortunately this conception is entirely inaccurate. Most people don’t think about the problem of nuclear waste on a frequent basis, however New Mexicans are often forced to confront it whether we like it or not (spoiler: most of us DON’T).

New Mexico has the Waste Isolation Pilot Plant (WIPP) in the southeastern corner of the state, where radioactive waste is stored in a salt formation repository located deep underground. WIPP has been open since 1999, and now federal regulators are currently considering another facility that would store up to 175,000 metric tons of high-level radioactive nuclear waste. The new repository is called a “HI-STORE Consolidated Interim Storage Facility” by Holtec International, the New Jersey-based company who owns the private waste facility, and the waste would be transported in from nuclear reactors around the nation. The Nuclear Regulatory Commission issued Holtec a license for this project on May 9, 2023.

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Nuclear Watch New Mexico’s Follow-up to News about the Chromium Plume: Santa Fe New Mexican article, “San Ildefonso governor says halt of plume cleanup will lead to spread onto pueblo”

“Nuclear Watch New Mexico believes that it is past time that this dangerous contaminant is cleaned up at the source.

Extracted treated groundwater should be pumped or trucked uphill to flush out the remaining 90% of the chromium so that it can be decisively dealt with instead of with only marginally effective “pump and treat” for a few centuries…

By Jay Coghlan

A long road to remediation for hexavalent chromium plume near Los AlamosThe real shame is how ineffective Lab cleanup of the hexavalent chromium plume is. First, even after 18 years, LANL and DOE still don’t know the boundaries of the plume, all the while claiming it’s not on San Ildefonso Pueblo Land (maybe LANL should deprioritize expanded nuclear weapons production and focus on that). Second, this is our common “sole source” (EPA special designation) aquifer that is one of the primary sources of drinking water for the cities of Santa Fe, Española, and Los Alamos, eleven Pueblos and all of the Española Basin’s rural areas. Third, hex chromium is the carcinogen made notorious in the popular movie Erin Brockovich. Fourth, it is estimated that 160,000 pounds of chromium were released up until 1972, but only 10% (i.e. ~16,000 pounds) has been recovered through extraction and treatment. When the head of DOE Environmental Management Los Alamos Office was asked where’s the rest of the chromium, Michael Mikolanis demurred and said that he would have to get back on that question.

San Ildefonso governor says halt of plume cleanup will lead to spread onto pueblo

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State Environment Department Begins to Rein in Work On LANL’s Chromium Plume Given Major Differences With DOE

At a February 9, 2023 public community forum hosted by the Department of Energy’s Environmental Management Los Alamos Office, there were strong indications that the New Mexico Environment Department (NMED) is convinced that DOE’s plans to remediate the chromium groundwater contamination plume under Los Alamos National Laboratory (LANL) is not working. Kimberly Lebak, program manager for N3B, the LANL cleanup contractor, described how it is finalizing the 2023 milestones under the Consent Order that governs cleanup, despite the fact that the NMED Groundwater Bureau has requested that DOE stop injecting treated water by April 1, 2023. DOE and NMED are not seeing eye-to-eye concerning the “Interim Measure” that N3B is using to contain the chromium plume.

The two agencies disagree on the Interim Measure, originally designed to prevent chromium from migrating across the San Ildefonso Pueblo border while DOE tries to figure out a final remedy.

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“Each Day Begins with the Sun Rising” – 77 Years Later, 4 Artists from Hiroshima Reflect

Today marks the 77 years since the United States dropped an atomic bomb on Nagasaki, Japan during World War II. Three days ago, August 6, marks the same anniversary for the bombing of the city of Hiroshima, Japan. In both cities the blast completely annihilated everything within a 1-mile radius from the center of explosion. The bombs not only decimated the current population, destroyed property, and scorched the land; the entirety of the ways of life of these communities was ripped away in a terrorizing flash.

"The atomic explosion almost completely destroyed Hiroshima's identity as a city. Over a fourth of the population was killed in one stroke and an additional fourth seriously injured, so that even if there had been no damage to structures and installations the normal city life would still have been completely shattered." - The Atomic Bombings of Hiroshima and Nagasaki (atomicarchive.com)

The total effects of the only two nuclear weapons ever detonated in warfare are not fully known, despite 77 years of people (scientists, military experts, civilians, Japan, etc.) trying to estimate the number of the dead and injured. "The most credible estimates cluster around a “low” of 110,000 mortalities and a “high” of 210,000, an enormous gap (the estimates for each city have a range of ±10,000)." - Bulletin of Atomic Scientists

A man prays as paper lanterns are floated on the Motoyasu river on Aug. 6, 2022 in Hiroshima, Japan. | Yuichi Yamazaki/Getty Images

The events of August 6 and 9, 1945, forever changed the world. But today, besides continuing to attempt to know the extent of the cost of life of these bombings, how are we moving forward in reflection and in growth? How, as a global community, can we explore and prioritize processing the deep, deep pain of these events? The city of Nagasaki has been rebuilt since World War II and is today an important tourist site, serving as a significant spiritual center for movements to ban nuclear weapons. Aging survivors, known in Japan as hibakusha, continue to push for a nuclear ban and hope to convince younger generations to join the movement.

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LANL Plans to Address Possibly Exploding Drums Shipped to Texas in 2014

Waste Control Specialists near Andrews TX
Aerial View of Waste Control Specialists (WCS) on the TX/NM state line

Los Alamos National Laboratory (LANL) has given itself a Categorical Exclusion (CX) under National Environmental Policy Act (NEPA) for the removal, relocation, and examination of transuranic (TRU) waste drums at Waste Control Specialists (WCS). These drums are similar to the ones that forced WIPP to close in 2014. LANL officials decided that formal environmental assessments, with public input, of the movement of the possibly exploding waste drums are not needed.

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An Environmental & Nuclear Disaster in LA’s Backyard: How Much Contamination Really Fell on Top of Communities from Thousand Oaks to Simi Valley from the Woolsey Fire?

The Santa Susana Field Laboratory (SSFL) is a 3,000 acre site sitting on top of the San Fernando and Simi Valleys in California, located less than 30 miles from Malibu. In 1947 the site was developed as a central location for U.S. rocket engine testing and space exploration, and in the 1950’s SSFL began experimenting with constructing nuclear reactors.

Ten nuclear reactors were built in total, and tens of thousands of rocket, energy, and weapons tests took place there from when the laboratory went into operation in 1947 until it’s closure in 2006. The rocket engine tests specifically produced numerous toxic spills and releases. The nuclear reactors built include a “Hot Lab” to “cut up irradiated reactor fuel from around the country,” “plutonium and uranium-carbide fuel fabrication facilities,” and a “sodium burn pit in which open-air burning of contaminated reactor components took place.” One of the reactors, the Sodium Reactor Experiment, experienced a partial nuclear meltdown in 1959, and two other reactors experienced accidents with fuel damage as well.

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76 Years After the First Nuclear Bomb Test, the U.S. is Still Dead Set on Building Weapons of Mass Destruction

76 Years After the First Nuclear Bomb Test, the U.S. is Still Dead Set on Building New Weapons of Mass Destruction

Last week, July 16 2021, marked the 76th anniversary of the world’s first nuclear bomb explosion. Within another month, memorials and commemorations will be held for the Japanese cities of Hiroshima and Nagasaki, which the U.S. bombed on 6 and 9 August 1945, respectively. Although it was unknown to most residents of New Mexico until after the United States’ atomic bombing of Japan, the citizens and communities in the southern region of the state were in fact the first nuclear victims.

When the U.S. Army detonated an atomic bomb on July 16, 1945 at 5:29 a.m., “its thunderous roar during the rainy season knocked people from breakfast tables in Tularosa and sent others on the Mescalero Apache reservation into hiding.” (axios.com) Hispanics and Mescalero Apache tribal members in New Mexico are working to pressure lawmakers to compensate those who have suffered extremely because of the experiment. Rare forms of cancer and other health problems have been discovered in those living near the site of the Trinity Test, and the vast, noxious consequences of this experiment have had lasting impact on now multiple, entire generations.

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Notice of Impending Lawsuit to DOE & NNSA Over Nuclear Bomb Core Plans from Environmental Groups

Nuclear Watch New Mexico, as part of a larger coalition of environmental groups, has threatened the federal government with a lawsuit over cross-country plans to produce plutonium pits, the cores at the heart of modern nuclear weapons.

A more comprehensive review should have been done on the plans to produce plutonium cores at Los Alamos and at the Savannah River Site in South Carolina. This lack of review violates the National Environmental Policy Act (NEPA) and would saddle already-burdened communities nearby the two DOE sites with significant quantities of toxic and radioactive waste, contravening President Biden’s executive order of making environmental justice a part of the mission of every agency. Here in New Mexico, we are well aware of how much our local community has already have been burdened with legacy contamination from previous defense work. While the budget continues to be cut and slashed for cleanup funding, the astronomical cost of modernizing the U.S. nuclear weapons arsenal continues to balloon out of proportion without NNSA or DOE batting an eyelash. The federal government’s plans are unnecessary and provocative – more plutonium pit production will result in more waste and help to fuel a new arms race.

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10 Years Since Fukushima Nuclear Disaster

10 Years Since Fukushima Nuclear Disaster

11 March 2021 marks the 10th anniversary of the triple catastrophe which marked the life of many residents of Eastern Japan: a powerful earthquake, deadly tsunami and nuclear meltdown that left almost 18,500 people killed or missing. Much has been achieved in disaster-hit areas but they are still seriously recovering, and the staggering loss of life and community is still being felt by the nation today. The impacts on communities from the ongoing dispersal of radioactive contamination released from the explosions at the Daiichi nuclear power plant in Fukushima have been disastrous. Tokyo will probably face a massive earthquake in the next 30 years, and Japan must prepare for this next big quake while the Fukushima nuclear meltdown on Japan’s north-eastern coast remains firmly in the minds of everyone there.

Since the disaster, tens of thousands of people have been displaced from their ancestral lands. The harm extends far beyond the immediate threat to health – as well as destroying livelihoods, it has destroyed an entire way of life.

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Second Public Meeting for Controversial Tritium Releases at the Los Alamos Lab

Because of overwhelming public demand and technical problems with the first virtual public meeting, the National Nuclear Security Administration is holding a second meeting on the Los Alamos National Laboratory’s (LANL’s) controversial plan to vent up to 100,000 curies of tritium gas. Tritium is a radioactive isotope of hydrogen, used to boost the explosive power of nuclear weapons. Most vented tritium will condense into water vapor which can then be readily ingested by living organisms, including humans. Fetuses are particularly at risk.

LANL’s nuclear weapons budget has doubled over the last decade to $2.9 billion in fiscal year 2021. But funding for so-called cleanup has remained flat at around $220 million, or 8% that of nuclear weapons. In fact, LANL plans to “cap and cover” some 200,000 cubic yards of radioactive and toxic wastes, leaving them permanently buried in unlined pits above our groundwater, some three miles uphill from the Rio Grande, and call it cleaned up. To add to this, the Lab now plans to dose the public by venting excess tritium.

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As the NonProliferation Treaty’s 50th Anniversary Approaches U.S. to Soon Fund New Nuclear Warhead at $1 Billion Per Year

As the NonProliferation Treaty’s 50th Anniversary Approaches U.S. to Soon Fund New Nuclear Warhead at $1 Billion Per Year

Santa Fe, NM – This March 5, 2020, marks the 50th anniversary of the NonProliferation Treaty, whose central bargain was that non-nuclear weapons states forswore acquiring them in exchange for which nuclear weapons states promised to enter into serious negotiations leading to their elimination. Those negotiations have never happened.

The Trump Administration has marked the occasion by finally releasing the detailed fiscal year 2021 Congressional Budget Request for the Department of Energy’s semi- autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA). The NNSA’s program for new and upgraded nuclear weapons gets a 3 billion dollar-plus mark up to $15.6 billion, slated to jump to $17 billion annually by 2025. This includes a new nuclear warhead, the submarine launched W93, initially funded at $53 million in FY 2021, but slated to climb to $1.1 billion annually by 2025. New warhead design and production typically take around 15 years or more.

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Watchdogs Issue Second Demand for Nation-Wide Environmental Review of Expanded Plutonium Pit Production

Today, lawyers for the Natural Resources Defense Council, Nuclear Watch New Mexico, Savannah River Site Watch and Tri-Valley Communities Against a Radioactive Environment sent a second letter to Department of Energy (DOE) Secretary Rick Perry and Lisa Gordon-Hagerty, the head of the semi-autonomous National Nuclear Security Administration (NNSA). The letter demands a nation-wide programmatic environmental impact statement for the agencies’ proposed expanded production of plutonium pits, the fissile cores or “triggers” of nuclear weapons. Invoking the National Environmental Policy Act (NEPA), the letter concludes:

“…we advise the agencies that timely compliance with NEPA is the best means for the agencies to keep these [expanded plutonium pit production] projects on track, as a failure to rigorously comply with NEPA may necessitate litigation, including if necessary motions for injunctive relief, all of which would likely increase the expense of DOE’s and NNSA’s proposed actions and extend their timelines further. Accordingly, we strongly encourage DOE and NNSA to come into compliance with NEPA by preparing a new or supplemental PEIS for its proposals regarding plutonium pit production, and to do so immediately. If the agencies continue on their current trajectory, we will have no choice but to evaluate all our options to enforce compliance with federal environmental laws.”

As background, on May 10, 2018, the Departments of Defense and Energy jointly announced that plutonium pit production would be expanded from the currently sanctioned level of 20 pits per year at the Los Alamos National Laboratory (LANL) in northern New Mexico to at least 30 pits per year, plus redundant production of at least 50 pits per year at the Savannah River Site (SRS) in South Carolina, which would be a completely new mission there.

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Lab Claims of Tremendous Progress Need Second Look

Chromium Plume under LANL
Representation of the Chromium Plume in the regional aquifer under Los Alamos National Laboratory (LANL).

Comments to the Northern NM Citizens’ Advisory Board

By Scott Kovac, Nuclear Watch NM, July 24, 2019

Tremendous progress requires overall improvement, not just at one spot. A recent Environmental Management Los Alamos (EMLA) press release claimed “tremendous progress” with regards to the chromium (Cr) plume. Media stories then did their job and generalized that everything about the plume was getting better. This is the kind of public relations’ language that does not help to further the discussion on these complex issues.

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A Tale of Two Consent Orders and What Is Needed

On March 1, 2005, after arduous negotiations and threats of litigation, the New Mexico Environment Department (NMED), Department of Energy (DOE), and Los Alamos National Laboratory (LANL) entered into a Consent Order specifying the schedule for investigation and cleanup of the Lab’s hundreds of contaminated sites. This Consent Order (CO) was LANL’s agreement to fence-to-fence cleanup of Cold War legacy wastes, which NMED began to enforce.

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GAO – Environmental Liability Continues to Grow, and Significant Management Challenges Remain for Cleanup Efforts

Department of Energy Office of Environmental Management’s Fiscal Year 2017 Estimated Environmental Liability, by Cleanup Site

DOE Environmental Management’s (EM’s) environmental liability grew by $214 billion in fiscal years 2011 through 2018, even though EM spent over $48 billion on cleanup.

GAO found that this liability may continue to grow for several reasons:

•EM’s environmental liability does not include the costs of all future cleanup responsibilities. For example, as of April 2018, DOE and its contractor had not negotiated a cost for completing a large waste treatment facility, called the Waste Treatment and Immobilization Plant, at the Hanford site.

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Fukushima: Eighth Anniversary of a Crippling Nuclear Disaster

fukushima

A man prays in front of the former Okawa elementary school in Ishinomaki, Miyagi Prefecture on the eighth anniversary of the 2011 tsunami disaster. (Credit 2019 AFP)

BY SOPHIA STROUD | – NukeWatch NM Web Designer

On Friday, March 11, 2011, a 9.0 M earthquake occurred off the East coast of Japan, triggering a massive tsunami in the region of Tohoku. In the Miyagi and Fukushima prefectures of this region, the wave was over 10 meters tall upon landfall. During the 1970s and 80s, coastal residents of Japan welcomed nuclear power, and two plants were built to supply electricity to Tokyo. When the tsunami hit in 2011, many districts of Fukushima lost power, which caused the cooling system in TEPCO’s Fukushima Daiichi nuclear power plant to fail.

This power failure led to a series of nuclear meltdowns and hydrogen-air chemical reactions within the plant, which caused a release of highly radioactive material into the surrounding environment. The radioactive plume released from the Fukushima nuclear power plant was large enough to carry radioactive material for miles in every direction, and nearby residents were immediately evacuated. The Fukushima Daiichi nuclear power plant meltdown and ensuing leakage of radioactive materials was a disaster on the scale of Three Mile Island and Chernobyl.

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Trump Budget Would Continue Nuclear Weapons Buildup and Bring More Nuclear Waste to NM

Otherwords national-security-cartoon1
Otherwords – A missile in every pot

By Scott Kovac, Operations and Research Director

The White House released the top line numbers of its fiscal year 2020 Congressional budget request and, although there are some increases heading to New Mexico, they are not the increases that we’d like to see. It’s called – A Budget For a Better America,  Promises Kept. Taxpayers First. but only Defense and Department of Energy (DOE) weapons contractors are going to think that anything is better. Meanwhile the rest of us taxpayers will, first and foremost, be looking at cuts to programs that affect us daily.

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New Estimate ($377B) Raises Cost of Cold War Cleanup (Again)

EM site map GAO 2019
Department of Energy Office of Environmental Management (EM) Sites Where Cleanup Remains

At some point, DOE will have to admit that it has no idea what it will cost to cleanup the Cold War nuclear weapons complex sites. DOE should stop making more wastes until the existing wastes are remediated. The new estimate is more that twice the amount that has been spent in total since cleanup began in 1989, with the most difficult sites still to come.

We’ve said it before and we’ll say it again – Clean Up, Don’t Build Up!

The thing is that the new $377 billion estimate includes leaving much of the waste behind.

Program-Wide Strategy and Better Reporting Needed to Address Growing Environmental Cleanup Liability GAO-19-28: Published: Jan 29, 2019. Publicly Released: Jan 29, 2019.

The Department of Energy is tasked with cleaning up waste from Cold War nuclear weapons production, much of which is hazardous or radioactive. The department’s Office of Environmental Management estimates that future work could cost at least $377 billion—$109 billion more than last year’s estimate.

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Belen passes resolution opposing nuclear waste transportation

Watch Dog

Belen passes resolution opposing nuclear waste transportation

NISG (Nuclear Issues Study Group) worked to get a resolution opposing the transportation of High Level Radioactive Waste in front of the City of Belen. The Belen City Council passed the resolution on Nov. 19th! It was 3 votes yes and 1 abstention. Belen is the 18th City or county or chapter house to pass it in New Mexico and Texas.

Read more about it here

Santa Fe County passed a similar resolution – A Resolution in the Interest of Protecting Our Lives, Land and Water From Radioactive Waste Risks.

Read more about it here

Federal District Court Allows Lawsuit to Proceed Against DOE/LANS Potential Penalties Exceed $300,000,000

For Immediate Release


New Mexico Environmental Law Center
Nuclear Watch New Mexico – Santa Fe, NM

A United States District Court judge has ruled that a lawsuit filed by Nuclear Watch New Mexico (NukeWatch) can move forward. The lawsuit is based on thirteen (13) violations of corrective actions Los Alamos National Security, LLC (LANS) and the Department of Energy (DOE) failed to complete under a 2005 Consent Order governing cleanup that the New Mexico Environment Department (NMED) fought for under former Governor Bill Richardson.

Fines for failure to complete the corrective tasks are $37,000 per violation per day. Violations for failing to complete the tasks started as early as June 2014 and now total well over $300 million.

The judge in allowing the lawsuit on civil penalties to move forward stated that DOE/LANS had failed to show in their legal and factual analysis that violations were unlikely to recur.

Jon Block, representing NukeWatch as a staff attorney at the New Mexico Environmental Law Center, said “We are gratified that the Court is allowing the lawsuit on civil penalties to move forward.”

In 2002, the NMED determined that decades of contamination at Los Alamos National Laboratory constituted an “imminent and substantial endangerment to health and the environment” and sought to compel cleanup at the Lab.  DOE/LANS counter-sued, and in 2005 the parties agreed to a Consent Order specifying that DOE/LANS would characterize the extent and nature of the contamination, assess alternatives for effective cleanup of the contamination, and implement cleanup. Gov. Martinez came into office in 2011, after which DOE/LANS compliance with the Consent Order effectively stopped.

NukeWatch filed its original complaint in May 2016, followed by an amended complaint in July 2016. That was in response to a June 2016 announcement by NMED and DOE/LANS that they had entered into a new Consent Order that rendered the 2005 Consent Order invalid.

The judge did grant DOE/LANS and NMED’s motions to dismiss that part of NukeWatch’s complaint asking for declaratory and injunctive relief (in general seeking to have the 2016 Consent Order declared invalid). However, the judge specifically noted that the revised 2016 Consent Order replaced enforceable goals in the 2005 Order with unenforceable goals.

Jay Coghlan, NukeWatch director, commented “Susana Martinez’ administration shamefully gave away the store to the Los Alamos Lab, forgiving hundreds of millions of dollars in potential penalties for clear violations of an enforceable cleanup order, at the very time when New Mexico was facing a serious budget crisis. We are very pleased that the issue of penalties can now go forward in court, which should bring some accountability toward achieving comprehensive Lab cleanup that would produce hundreds of high-paying jobs.”

See NukeWatch’s Amended Complaint here

See Judge Judith Herrera’s decision here

Contacts:
Jay Coghlan: Nuclear Watch New Mexico
989.7342

Jon Block, Staff Attorney: New Mexico Environmental Law Center
505.989.9022

Call to action! Comments Against WIPP Expansion Needed By April 3rd

Call to action!

Comments on WIPP Expansion Needed By April 3rd

Informational Meeting Is March 8th

 

New Mexico is under growing nuclear attack.

·      Plutonium pit production increases are planned for Los Alamos.

·      There are serious plans for all of the nation’s commercial spent nuclear fuel to head to NM.

·      WIPP has a major expansion in the works to allow even more radioactive waste into NM.

Today we ask you to join with others to stop a proposed major Waste Isolation Pilot Plant (WIPP) expansion. Officials at the WIPP are proceeding with a deluge of permit modifications to try to get as much weakening of the Hazardous Waste Permit as they can before 2019.

Because DOE is so far behind emplacing waste at WIPP, including because of the three-year shutdown from the 2014 radiation release, and they are running out of underground space, they want to change the way waste volume is measured. Since the 1970s, DOE has agreed that the amount of waste is the volume of the outer-most container. Now, DOE wants to estimate the amount of waste inside each container and use that lesser amount.

By April 3, we need You to submit written comments opposing DOE’s request. If possible, you can find out more at a public meeting (which isn’t for public comments):

“Clarification” of TRU Mixed Waste Disposal Volume Reporting

Thursday, March 8, 2018 3 – 5 p.m.
Courtyard by Marriott, 3347 Cerrillos Road, Santa Fe, New Mexico

DOE’s request is at: http://wipp.energy.gov/rcradox/rfc/Volume_of_Record.pdf

 

What to expect at this March 8 meeting:

·      Interested people, including NM Environment Department officials, gathered to discuss this issue in one of the smaller conference rooms

·      Optional sign-in sheet, and DOE handouts of their presentation

·      A presentation of the proposed plan by DOE

·      Question and answer period – Make sure you get all your questions answered

·      No opportunity for formal public comments

 

WIPP is now filling Panel 7 (of 10 originally proposed), which is about 70% of the space. But WIPP has only emplaced ~92,700 m3 of waste (about 53% of the 175,564 m3 allowed). DOE has “lost” more than 30,000 m3 of space by its inefficiency and contractor incompetence. Measuring the waste the proposed new way decreases the ‘amount of waste’ emplaced to date by ~26,000 m3.

The proposed modification is controversial and is part of a larger plan to expand WIPP, but is submitted as a Class 2 Permit Modification Request (PMR), which has lesser public input opportunities.  The public has opposed WIPP expansion for years and decades.  There is significant public concern and interest in the WIPP facility. This PMR should be a Class 3, which includes much more public input, a formal public hearing — a process that could take up to a year.

We will provide sample comments by April 3rd, but your comments are just as important.

The complete Permit Modification Request is here –

http://www.wipp.energy.gov/rcra-com-menu.asp

Class 2 Permit Modification Request Clarification of TRU Mixed Waste Disposal Volume Reporting Waste Isolation Pilot Plant Permit, Number NM4890139088-TSDF dated January 31, 2018

http://www.wipp.energy.gov/rcradox/rfc/18-0308_Redacted_enclosure.pdf

 

By April 3, please mail or fax or e-mail comments to:

Mr. Ricardo Maestas

New Mexico Environment Department

2905 Rodeo Park Drive East, Building 1

Santa Fe, NM 87505

Fax: 505-476-6030

E-mail: [email protected]

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