Public Meeting: Los Alamos Cleanup at the Crossroads

Dear Friends,

Please join us for an informal public meeting Tuesday, May 24 at 6pm.

Main Library Community Room, 145 Washington Ave, Santa Fe, NM

Please remember that no refreshments are allowed at the Library.

See you there!

 

Los Alamos Cleanup at the Crossroads
A Discussion on the Future of Cleanup at Los Alamos

 

We have opportunities to take new directions

How do we get to the Northern New Mexico we want leave for future generations?

Learn how your input can help make better cleanup decisions at Los Alamos National Laboratory

 

Join us for a
Public Meeting: Tuesday May 24, 2016, 6 – 7:30pm
at the
Main Library Community Room, 145 Washington Ave, Santa Fe

Topics to be Addressed
Los Alamos Cleanup Order

  • For “fence-to-fence” cleanup of legacy Cold War wastes
  • The 10-year trip since the original Consent Order was signed in 2005
  • New “Consent Order” Proposed by the NM Environment Department
    • Proposed changes from the existing
    • What can be improved?
    • Who is in the driver’s seat?
    • Just along for the ride, or will the public have real input?
    • Public comments due May 31

 

Department of Energy’s new Environmental Management at Los Alamos

  • Cleanup work no longer under nuclear weapons work
  • Looking for a new contractor
  • Can cleanup accelerate?

 

Nuclear Watch’s lawsuit

  • Alleging violations of the 2005 Consent Order

 

Questions, answers, and discussion

  • What’s on your mind
  • Your comments are important

 

Brought to you by Nuclear Watch New Mexico

(505) 989-7342

info@nukewatch.org

www.nukewatch.org

 

Materials Disposal Area B (MDA B) Contamination Excavation at LANL - Will removal of wastes continue?
Inside a protective enclosure, Cold War wastes are excavated at Los Alamos - Will it continue? (LANL photo)

 

Nuclear Watch NM Files Lawsuit Over Lack of Cleanup at the Los Alamos Lab

May 17, 2016

Nuclear Watch NM Files Lawsuit

Over Lack of Cleanup at the Los Alamos Lab;

NM Environment Dept. Forgoes Nearly $300 Million in Penalties

Santa Fe, NM – Nuclear Watch New Mexico has filed a lawsuit in federal court against the Department of Energy and Los Alamos National Security LLC (LANS), the for-profit operator of the Los Alamos National Laboratory, over their failure to meet cleanup milestones under a 2005 “Consent Order” they agreed to with the New Mexico Environment Department. The New Mexico Environmental Law Center is representing NukeWatch in this legal action to enforce cleanup at LANL.

The suit was filed under the citizen suit provisions of the federal Resource Conservation and Recovery Act (RCRA), which the 2005 Consent Order explicitly incorporated. The law provides that any person who violates any requirement of RCRA is liable for a civil penalty up to $37,500 for each day of violation. Our suit claims twelve violations, which range in length of time of up to 675 days each. Our current cost estimate of the alleged violations approaches 300 million dollars and counting.

Jay Coghlan, NukeWatch Executive Director, commented, “The federal government plans to spend a trillion dollars over the next 30 years completely rebuilding U.S. nuclear forces. Meanwhile, cleanup at the Los Alamos Lab, the birthplace of nuclear weapons, continues to be delayed, delayed, delayed. We seek to make the for-profit nuclear weaponeers cleanup their radioactive and toxic mess first before making another one for a nuclear weapons stockpile that is already bloated far beyond what we need. Real cleanup would be a win-win for New Mexicans, permanently protecting our water and environment while creating hundreds of high paying jobs.”

In 2005 the New Mexico Environment Department compelled DOE and the University of California (LANL’s manager at the time) to enter into a detailed Consent Order that mapped the way toward comprehensive cleanup at LANL. However, beginning in 2011 with Governor Martinez’s administration, the New Mexico Environment Department allowed LANL’s new contractor, the for-profit Los Alamos National Security, LLC, to stop virtually all cleanup, instead engaging in a “campaign” to move above ground, monitored radioactive transuranic wastes to the Waste Isolation Pilot Plant (WIPP). That campaign ended in disaster when an improperly treated radioactive waste drum from LANL ruptured, contaminating 21 workers and indefinitely closing that multi-billion dollar facility.

The 2005 Consent Order required DOE and LANL to investigate, characterize, and clean up hazardous and mixed radioactive contaminants from 70 years of nuclear weapons research and production. It also stipulated a detailed compliance schedule that the Lab was required to meet. Ironically, the last milestone, due December 6, 2015, required a report from LANL on how it successfully cleaned up Area G, its largest waste dump. However, real cleanup remains decades away, if ever. The Lab plans to “cap and cover” Area G, thereby creating a permanent nuclear waste dump in unlined pits and shafts, with an estimated 200,000 cubic yards of toxic and radioactive wastes buried above the regional groundwater aquifer, four miles uphill from the Rio Grande.

Scott Kovac, NukeWatch Research Director, noted, “DOE and NMED agreed to all parts of the 2005 Consent Order, including the schedule. Then under the Martinez administration NMED granted more than 150 extensions requests, and DOE and LANS have still missed many of those deadlines. NukeWatch has taken this necessary step to enforce cleanup at LANL, to hold DOE accountable for protecting New Mexicans and make cleanup of legacy wastes the top priority. It’s ridiculous that we have to have this cleanup debate after 70 years of contamination from nuclear weapons research and production.”

The New Mexico Environment Department has issued a draft revised proposed Consent Order, for which the public comment period expires on May 31. The proposed new Consent Order specifically states that it “supersedes the 2005 Compliance Order on Consent (2005 Consent Order) and settles any outstanding alleged violations under the 2005 Consent Order.” (Sec. II.A.) This then would absolve DOE and LANS of nearly $300 million in potential penalties.

Moreover, the new draft Order puts DOE in the driver’s seat instead of New Mexico. It explicitly states that, “DOE’s project plans and tools will be used to identify proposed milestones and targets” (p. 27) and “DOE shall define the use of screening levels and cleanup levels” (p. 31) Moreover, DOE can opt out of any cleanup because of “impracticability” or cost of cleanup (p. 34) and that “DOE shall update the milestones…. [according to] changes in anticipated funding levels.” (p. 28). So the new Consent Order is made subordinate to DOE’s budget, which has been cutting cleanup while increasing funding for nuclear weapons programs that caused the mess to begin with. This is the opposite of the original Consent Order, whose intent was to make DOE and LANL get increased funding for cleanup.

The relief or remedy that Nuclear Watch New Mexico seeks through its lawsuit is simple, asking the Court to enter a judgment “Enjoining the Defendants [DOE and LANS] to take action to come into compliance with the March 1, 2005 Consent Order, as amended on October 29, 2012, according to a reasonable but aggressive schedule ordered by this Court…”

With that, Nuclear Watch New Mexico hopes to get real, comprehensive cleanup back on track at the Los Alamos National Laboratory.

# # #

 Nuclear Watch New Mexico’s lawsuit complaint is available at http://nukewatch.org/importantdocs/resources/NukeWatch-Complaint-Filed-20160512.pdf

Our complaint alleges twelve counts of milestone compliance violations where NMED did not grant extensions. From there we calculate 7,853 total days of noncompliance at $37,500.00 per day, equal to $294,487,500, with the clock still ticking.

Our May 5, 2016 second notice of intent to sue (which is a good summary of our complaint) is available at http://nukewatch.org/importantdocs/resources/NukeWatch-2nd-NOI-DOE-LANS-5-5-16.pdf

Our January 20, 2016 notice of intent to sue is available at http://nukewatch.org/importantdocs/resources/NukeWatch-NM-NOI-to-DOE-and-LANS-20160120.pdf

NMED’s revised Consent Order is available at http://energy.gov/em/nnmcab/downloads/nmed-revised-lanl-consent-order-draft-march-2016

 

 

Comment Period Extended for Proposed Los Alamos Cleanup Order

The New Mexico Environment Department’s Hazardous Waste Bureau is extending the public comment period on the proposed changes to the Draft Consent Order which governs legacy clean-up at Los Alamos National Laboratory.

The public comment period now continues through May 31.  To obtain a copy of the documents or a portion thereof, visit the NMED website at https://www.env.nm.gov/HWB/lanlperm.html under Consent Order.

Written comments must be based on information available for review and include, to the extent practicable, all referenced factual materials.

NMED is scheduled to present on the public comments received to date at the May 18 Northern New Mexico Citizens’ Advisory Committee meeting at the Cities of Gold Hotel, 10-A Cities of Gold Road, Santa Fe, New Mexico from 1:00 P.M. to 5:00 P.M.

 

AND WE HAVE EXPANDED OUR COMMENTS

Please let your voice be heard and turn in public comments. Copy the sample comments below and paste into an email. Please modify as you see fit, then email to the address below. If you don’t mind, please cc: us at: info(at)nukewatch(dot)org

 

[date]

 

Ms. Kathryn Roberts

New Mexico Environment Department

Post Office Box 5469

Santa Fe, New Mexico 87502

 

Via email to kathryn.roberts@state.nm.us

 

Dear Ms. Roberts,

I urge the New Mexico Environment Department (NMED) to abandon the proposed 2016 Compliance Order on Consent, or Consent Order, for Los Alamos National Laboratory (LANL), released for public comment on March 30, 2016.  It creates serious problems and represents a giant step backwards in achieving the goal of genuine cleanup of the Laboratory.

The Environment Department should keep the existing Consent Order that went into effect March 1, 2005, while modifying and updating a cleanup schedule that includes a realistic final compliance date.  I also formally request that NMED provide the opportunity for a public hearing on the revised cleanup schedule and new completion date, in accordance with the New Mexico Hazardous Waste Act and the 2005 Consent Order.

 

GENERAL COMMENTS

 

The opportunity for a public hearing must be provided

  • Any extension of a final compliance date must be treated as a Class 3 permit modification to the 2005 Consent Order and therefore requires a 60-day public comment period.
  • Any extension of a final compliance date under the 2005 Consent Order can be implemented only after the opportunity for public comment and a public hearing, including formal testimony and cross-examination of witnesses.
  • The Environment Department is legally required to follow these public participation requirements that explicitly incorporated into the 2005 Consent Order.

 

Withdraw the proposed draft 2016 Consent Order

  • The proposed draft represents a big step backwards in achieving the goal of genuine cleanup of the Laboratory.
  • The Environment Department should keep the current 2005 Consent Order and revise the Section XII cleanup schedule and final compliance date.
  • I request that the Environment Department withdraw the proposed draft 2016 Consent Order.

 

The public deserves the opportunity to comment on all following drafts

  • It seems likely that a later draft – after the Lab’s and public comments are incorporated into a revised draft – and after closed-door negotiations between the Environment Department and the Laboratory – could be substantially different from the current draft.
  • I request that the public have the opportunity to review and comment on any further drafts of a revised proposed 2016 Consent Order.

 

Public participation provisions in the existing 2005 Consent Order must be incorporated into the proposed draft 2016 Consent Order

  • The proposed draft 2016 Consent Order explicitly limits public participation requirements incorporated into the existing 2005 Consent Order.
  • I request that all notices, milestones, targets, annual negotiations, and modifications require public review and comment, and the opportunity for a public hearing.

 

The current state of cleanup must be updated and next steps scheduled

  • Work under the existing 2005 Consent Order needs to be subject to public review.  In 2005 DOE agreed to complete cleanup under the Consent Order by December 6, 2015, which did not happen.  In order for the public to understand where the work under the existing Consent Order stands, LANL should be required to provide a current, publicly available list of the status of all cleanup projects under the 2005 Consent Order.
  • Further, I request that next steps for cleanup at every site listed in the 2005 Consent Order be documented in detail and given a scheduled completion date, or alternatively verified as already completed.
  • All documents submitted under the 2005 Consent Order must be incorporated into any revised Consent Order.

 

All documents must be made public as required in the 2005 Consent Order

  • The State and the Lab must make all communications, documents, submittals, approvals, notices of deficiencies and denials under any revised Consent Order readily and electronically available to the public.
  • The State and the Lab must notify individuals by e-mail of all submittals, as required in the 2005 Consent Order.

 

The Environment Department must respond in writing to all public comments

  • I request that the State reply individually to each and every comment submitted.
  • The Lab’s comments and NMED’s response to comments must be made public.

 

All future work must have enforceable deadlines

  • The proposed draft 2016 Consent Order proposes a “Campaign” approach with enforceable cleanup deadlines limited to the work scheduled only for that year.
  • I request that all anticipated cleanup projects have scheduled, enforceable cleanup deadlines from the beginning of any revised Consent Order.

 

The Consent Order cannot be open-ended

  • Any Consent Order for LANL cleanup must have a final compliance date to which the State and the Lab agree to and are so bound.
  • The public should be given an opportunity for a public hearing on the new final compliance date as required by New Mexico’s hazardous waste regulations. 

 

SPECIFIC COMMENTS

 

The Proposed 2016 Consent Order Must Not Extend the Original Final Compliance Date Without Required Public Participation

The proposed 2016 consent order would indefinitely extend the final compliance date for completing corrective action at the Laboratory, without the opportunity for a public hearing with formal testimony and cross-examination of witnesses. Any extension of a final compliance date under the 2005 Consent Order requires a 60-day public comment period and the opportunity for a public hearing, including formal testimony and cross-examination.  The Environment Department is legally required to follow these procedural requirements.

The legal requirements that mandate a public hearing are clear. Section XII of the 2005 Consent Order establishes the compliance schedule for implementation and completion of corrective actions at specific sites at the Laboratory. This schedule is mandatory. The final report that was to be submitted under the 2005 Consent Order – therefore, the final compliance date – was the remedy completion report for the huge Area G waste dump, required to be submitted by December 6, 2015. The proposed 2016 Consent Order would indefinitely extend this final compliance date by not designating a specific final compliance date.

But this revision must be treated as a major Class 3 permit modification. Section III.W.5 of the 2005 Consent Order explicitly provides for the preservation of full procedural rights for the public as follows:

This Consent Order hereby incorporates all rights, procedures and other protections afforded the Respondents [DOE and UC, now LANS] and the public pursuant to the regulations at 20.4.1.900 NMAC (incorporating 40 C.F.R. § 270.42) and 20.4.1.901 NMAC, including, but not limited to, opportunities for public participation, including public notice and comment, administrative hearings, and judicial appeals concerning, for example, remedy selection decisions of the [Environment] Department.

Thus, extension of a final compliance date under the 2005 Consent Order requires a 60-day public comment period and the opportunity for a public hearing, including formal testimony and cross-examination.

 

The Proposed New Consent Order Must Not Limit Other Public Participation Procedures

The proposed 2016 Consent Order expressly limits public participation requirements in a way that completely diverges from those provided in the 2005 Consent Order.  As explained above, the 2005 Consent Order explicitly protects procedural due process rights available to the public.  The proposed 2016 Consent Order explicitly removes these protections, as follows:

The Parties agree that the rights, procedures and other protections set forth at 20.4.1.900 NMAC (incorporating 40 C.F.R. § 270.42), 20.4.1.901 NMAC, and 20.4.1.902 NMAC, including, but not limited to, opportunities for public participation, including public notice and comment, administrative hearings, and judicial appeals, do not apply to modification of the Consent Order itself. [Emphasis added]

Thus, as proposed in the above language, the Parties (the Environment Department, Department of Energy and Los Alamos National Security, LLC) have inappropriately agreed to remove the due process rights, procedures and other protections provided to the public under the Resource Conservation and Recovery Act (RCRA) and the New Mexico Hazardous Waste Act.  This provision must be stripped from the proposed 2016 Consent Order.

 

The Proposed New Consent Order Must Not Eliminate Enforceable Deadlines

The proposed 2016 consent order would eliminate all the deadlines for completing cleanup under the 2005 Consent Order, and replace them with an open-ended and vague scheduling process, with limited enforcement opportunities.

The 2005 Consent Order, in Section XII, established dozens of deadlines for the completion of corrective action tasks, including completion of investigations at individual sites, installation of groundwater monitoring wells, submittal of groundwater monitoring reports, evaluation of remedial alternatives for individual sites, and completion of final remedies. These deadlines are enforceable under section III.G.

The proposed 2016 Consent Order would abandon the 2005 Consent Order provisions and replace them with a so-called “Campaign Approach” under Section VIII.  Under Section VIII.A.3, it would be up to the DOE, not the regulator at the New Mexico Environment Department, to select the timing and scope of each “campaign.”

Enforceable deadlines for cleanup tasks would apply no more than one year into the future. Deadlines would be based on “Campaigns” negotiated each year with DOE with no public participation and opportunity to comment on the schedule. To add insult to injury, the annual schedule would be determined by funding at DOE’s discretion, rather than the schedule driving the funding, which was the fundamental approach of the 2005 Consent Order.

All cleanup projects must mandatory completion dates scheduled from the beginning date of any revised Consent Order, and must be fully enforceable.

 

Existing Violations Must Not Be Eliminated

Section II.A of the proposed 2016 Consent Order would “settle any outstanding violations of the 2005 Consent Order.” This is a get out of jail free card.  Without enforceable schedules from the beginning, any consent order is not truly unenforceable, and the Environment Department would be abdicating its responsibility to protect human health and the environment as required by the federal Resource Conservation and Recovery Act (RCRA) and the New Mexico Hazardous Waste Act.  NMED must not surrender its regulatory and enforcement powers!

 

Attorney General Approval Must Be Obtained

The 2005 Consent Order was signed by the Attorney General of New Mexico for purposes of the Covenant Not to Sue (section III.) and the Reservation of Rights (section III.). As indicated on the draft signature page, there is no indication of the NM Attorney General plans to sign the proposed 2016 Consent Order. Yet it would provide the State of New Mexico with a covenant not to sue DOE on behalf of the State of New Mexico, not merely on behalf of the Environment Department. The Attorney General was an active participant, representing the People of New Mexico, in the 2005 Consent Order.  The Environment Department has a responsibility to ensure that the NM Attorney General is consulted, and his approval obtained, before any consent order is adopted.

 

The Proposed 2016 Consent Order Must Not Omit Detailed Requirements Found in the 2005 Consent Order

The 2005 Consent Order includes numerous detailed requirements for such things as well installation, sample collection, and preparation of work plans and reports. These ensure that the cleanup work is done properly, consistently, and according to standard industry practices.  They also ensured that work plans and reports were consistent, easy for the Environment Department to review, and easy for the public to understand.  The proposed 2016 Consent Order omits many such requirements, which should be corrected.

 

The Proposed 2016 Consent Order Must Not Allow Budget To Dictate Cleanup

The proposed 2016 Consent Order allows DOE to provide cleanup priorities based on anticipated budget, which is backwards. . By the time NMED receives an estimated annual cleanup budget from DOE, the horse has left the barn. The original purpose of the 2005 Consent Order was to compel DOE and LANL to ask Congress for additional funds to accelerate cleanup. The giant loophole in the proposed 2016 Consent Order that allows DOE and LANL to say that they don’t have sufficient funding and therefore can choose to exempt themselves from cleanup should be eliminated.

 

Cleanup Levels Must Remain Strict

Section IX Cleanup Objectives and Cleanup Levels of the proposed 2016 Consent Order would allow DOE to “develop site specific ecological cleanup levels” to mitigate unacceptable ecological risk due to release of site-related contaminants. There is no mention of NMED’s role in this process. DOE would be allowed to demonstrate to NMED that any particular “cleanup objective is impracticable.” To do this, DOE may consider such things as technical difficulty, the cost of the project, hazards to workers or to the public, and any other basis that may support a finding of impracticability. If NMED approves the impracticability request, DOE can then propose alternative cleanup methods using site-specific risk assessments. All of this could take place behind closed doors, as there are no public participation requirements in this section. Please clarify what cleanup levels will be used and when and where they will be applied.

New Mexico deserves better

In closing, the Environment Department’s proposed 2016 Consent Order allows the federal government to leave Northern New Mexico contaminated if DOE believes that cleanup is too difficult or costly– a sorry situation indeed for a nuclear weapons facility that receives over 2 billion taxpayer dollars a year. Instead, the New Mexico Environment Department should implement a new revised Consent Order that is aggressive and enforceable and in which the State of New Mexico stays in the driver’s seat, not LANL and DOE. That would be a real win-win for New Mexicans, helping to permanently protect the environment and our precious water resources while creating hundreds of high-paying cleanup jobs. .

 

Sincerely,

Name

City

 

The new draft Consent Order is available at

https://www.env.nm.gov/HWB/lanlperm.html#COOC

 

NMED’s public notice for the draft Consent Order is available at

https://www.env.nm.gov/HWB/documents/PublicNotice__English.pdf

 

The public comment period ends 5:00 pm May 31, 2016.

Comments should be submitted to kathryn.roberts@state.nm.us

Sample General Comments on the proposed new Los Alamos Cleanup Agreement

The New Mexico Environment Department (NMED) has issued a draft revised Consent Order (CO), which was the agreement in 2005 between the State and the federal Department of Energy (DOE) for fence-to-fence cleanup of legacy Cold War wastes at the Los Alamos National Laboratory (LANL). The Consent Order was designed as a plan-to-make-a-plan with investigations of contaminated sites followed by cleanup decisions and remediation. Milestones and penalties were included to keep funding and cleanup on track.

Serious investigation and cleanup began under the 2005 Consent Order. From 2005 through 2010, DOE and its contractors, under NMED oversight, accomplished significant progressed towards cleanup of the Laboratory. Much investigation work was completed. A large plume of hexavalent chromium was discovered in groundwater. Remedies were completed at dozens of individual sites.

Little cleanup has been accomplished in the last few years. We fear that the new Consent Order, if adopted, would continue that downward trend. It does not have enforceable milestones for all cleanup projects from the beginning. Instead the new plan is for NMED and DOE to decide every 1 to 3 years which sites will be addressed for cleanup “Campaigns”. This may allow Los Alamos to never address all the sites, and revert cleanup back to the way it was done before the 2005 Consent Order with budget driving cleanup. This is contrary to the original purpose of the CO, which was to compel DOE and LANL to get additional money from Congress for cleanup.

NMED’s public notice for the draft Consent Order is available at

https://www.env.nm.gov/HWB/documents/PublicNotice__English.pdf

The new draft Consent Order is available at

https://www.env.nm.gov/HWB/lanlperm.html#COOC

 

 

Please let your voice be heard and turn in public comments. Copy the sample comments below and paste into an email. Please modify as you see fit, then email to the address below. If you don’t mind, please cc: us at: info(at)nukewatch(dot)org

The 45-day public comment period ends 5:00 pm May 16, 2016.

Comments should be submitted to:

kathryn.roberts@state.nm.us

 

 

Ms. Katherine Roberts

Division Director

New Mexico Environment Department

Post Office Box 5469

Santa Fe, New Mexico 87502

Comments on the proposed new Consent Order

 

Withdraw this draft

  • This draft represents a big step backwards in achieving the goal of genuine, comprehensive cleanup of the Laboratory.
  • The Environment Department should keep the current 2005 Consent Order with necessary revisions to the cleanup schedule.
  • I request that the Environment Department withdraw this draft Consent Order.

 

A 45-day comment period on this first draft is inadequate

  • The March 30, 2016 draft document is a new Consent Order and, as such, thoroughly reviewing the document is a big task.
  • I request that at least another 15 days be added to the public comment period.

 

The public deserves the opportunity to comment on all following drafts

  • It seems likely that a later draft – after the Lab’s and the public’s comments are incorporated – could be substantially different from the current draft.
  • I request that the public have the opportunity to comment on any further drafts of the new Consent Order.

 

Public participation must be put back into the new Consent Order

  • The new Consent Order would expressly limit public participation requirements which would be opposite from the 2005 Consent Order.
  • I request that all milestones, targets, annual negotiations, and modifications require the opportunity for public review and comment.

 

The current status of all areas of cleanup must be updated

  • A current list of the status of all cleanup at Los Alamos must be included in the new Consent Order.
  • I request that the next step for cleanup at every site be documented in detail.
  • All previous 2005 Consent Order documents must be incorporated in to the new Consent Order.

 

All documents must be made public

  • The State and the Lab must make all communications, documents, and submittals specified in this Consent Order readily available to the public.
  • The State and the Lab shall notify individuals by e-mail of all submittals as specified in this Consent Order.

 

All future work must have enforceable deadlines

  • The new Consent Order would institute a “Campaign” approach with enforceable cleanup deadlines for only one year at a time.
  • I request that all cleanup work items have scheduled, enforceable dates.
  • The new revised Consent Order creates a giant loophole for DOE and LANL to plead that they don’t have enough funding and therefore don’t have to do the cleanup. The original intent of the Consent Order was to make DOE and LANL get more funding for cleanup from Congress. The “I’m too poor” excuse should be eliminated from any final Consent Order.

 

The revised Consent Order cannot be open-ended

  • Any new Consent Order must have a detailed, enforceable schedule of genuine cleanup milestones.
  • I request that the public be given an opportunity for a hearing on the new Consent Order.

 

Sincerely,

Your name

City

State

 

 

 

 

NukeWatch NM Heads to DC To Stop U.S. Nuclear Weapons “Trillion Dollar Trainwreck”

NukeWatch NM Heads to Washington to Press Congress, Obama Officials

To Stop U.S. Nuclear Weapons “Trillion Dollar Trainwreck” —

LANL Whistleblower Chuck Montaño to Be Honored

 

Three members of Nuclear Watch New Mexico will visit Washington, DC from April 17 to April 20 to oppose U.S. Department of Energy (DOE) nuclear weapons projects, which they say will lead to a “trillion dollar trainwreck” through out-of control spending, more radioactive waste generation, and weapons proliferation. The group will meet with the New Mexican congressional delegation, committee staffers, and administration officials with responsibility for U. S. nuclear policies to press for new funding priorities.

The Nuclear Watch NM delegation will be working with more than 50 colleagues from two dozen other states who are participating in the 28th annual Alliance for Nuclear Accountability “DC Days.” They will distribute copies of the ANA’s new report “Trillion Dollar Trainwreck” a detailed analysis of the Obama Administration’s latest plans to spend more money on nuclear weapons without truly enhancing U.S. security.

Jay Coghlan, NukeWatch director and president of the ANA Board of Directors, said, “Massive spending on nuclear weapons ‘modernization’ creates potential catastrophic risks for U.S. taxpayers, the environment and world peace. We will press policy-makers to cut programs that fund dangerous DOE boondoggles. The money saved should be redirected to dismantling weapons and cleaning up the legacy of nuclear weapons research, testing and production.”

NukeWatch NM Steering Committee member Chuck Montaño will receive recognition during DC Days from the Alliance for Nuclear Accountability (ANA) at a reception on April 19, 2015, at the Hart Senate Office Building. He, along with California’s senior U.S. Senator Diane Feinstein and ranking member of the House Armed Services Committee Rep. Adam Smith (D.-WA), will be among those honored by ANA for their efforts to hold the nuclear weapons military-industrial complex accountable. Montaño is being recognized for his advocacy confronting whistleblower and employee abuse, managerial malfeasance and fraudulent activity, all of which he documents in his recently released book detailing the chain of events that led to him becoming a federally protected whistleblower.

Montaño commented that he wrote Los Alamos: Secret Colony, Hidden Truths, “so people can appreciate the Lab’s full impact and legacy, not just what institutional leaders want the public to remember. There are important events I document for posterity, which may otherwise be hidden or erased from memory, and I didn’t want that to happen.”

Jay Coghlan, NukeWatch director, said, “I am very proud of Chuck Montaño, especially since he’s a Nuke Watch Steering Committee member as well. We depend on people like him with the inside story to help keep the Lab safe for communities and workers alike. It’s gratifying to see that the Alliance for Nuclear Accountability and its many member organizations appreciate his efforts.”

Mr. Montaño, a lifelong Santa Fe area resident, was employed at the Los Alamos National Laboratory for 32 years, until his forced retirement from the lab in 2010. He is also the former Director of Fraud and Special Audits for the Office of the New Mexico State Auditor.

The Alliance for Nuclear Accountability (ANA) is a network of three-dozen local, regional and national organizations representing the concerns of communities downwind and downstream from U.S. nuclear weapons production and radioactive waste disposal sites.

 

# # #

 

Chuck Montaño’s book Los Alamos: Secret Colony, Hidden Truths

is available at www.losalamosdiary.com

 

 

 

Nuclear Watch New Mexico Action Alert – Release of Revised Los Alamos Cleanup Agreement

Nuclear Watch New Mexico Action Alert 

NM Environment Department Plans to Unveil Revised Los Alamos Cleanup Agreement

March 30, 2016, 1PM, Sandia Resort

Public Comment Is Invited

Los Alamos Cleanup At the Crossroads

NM Environment Department and officials from Los Alamos National Laboratory plan to roll out a draft of the revised Consent Order, which is the agreement for fence-to-fence cleanup of legacy Cold War waste from nuclear weapons production and research. The last compliance date of the original agreement was December 6, 2015, and although much investigation was completed, much more work is still needed.

Nuclear Watch New Mexico believes

  • A new schedule is mostly what is needed
  • Lack of budget cannot be an excuse for lack of cleanup
  • Particular items to keep – meaningful public comment and a final date

But we suspect big changes and not all for the better protection of Northern NM.

 

Your voice will be important! Please join us!

 

Northern New Mexico Citizens’ Advisory Board Meeting

March 30, 2016

1:00 p.m. to 5:15 p.m.

Sandia Resort, Ballroom A

30 Rainbow Road

Albuquerque, New Mexico 87113

DRAFT AGENDA

 

Time                         Action                                                                                     Presenter

1:00 p.m.             Call to Order                                                                         Lee Bishop, DDFO

Welcome and Introductions Doug Sayre, Chair

Approval of Agenda

Approval of Minutes of January 27, 2016

1:20 p.m.             Old Business

a. Written Reports – See Packet Enclosures (5 minutes)

b. Other items

1:30 p.m.             New Business

1:35 p.m.             Update from Deputy Designated Federal Officer(s)

Lee Bishop/Michael Gardipe

 

1:45 p.m.             Presentation on Revisions to Consent Order,

Upon Opening of Public Comment Period

NMED Secretary Ryan Flynn

 

3:00 p.m.             Break

 

3:20 p.m.             Presentation Continues

 

4:00 p.m.             Public Comment Period

 

4:15 p.m.             Update on FY 17/18 EM Budget                                     Genna Hackett

 

4:45 p.m.             Consideration and Action on Draft Recommendation 2016-02, Doug Sayre

“FY 2018 Budget Priorities”

 

5:00 p.m.             Wrap-up Comments from NNMCAB Members

a. Were your questions answered regarding the presentations?

b. Requests for future presentations or information

c. Proposed Recommendations

 

5:15 p.m.             Adjourn                                                                         Michael Gardipe

 

For more information:

 

This NNMCAB Agenda-

http://energy.gov/sites/prod/files/2016/03/f30/March_30_16_Draft_Agenda_R7.pdf

 

Los Alamos Cleanup At the Crossroads

New Cleanup Agreement Requires New Schedule and That Is About All

http://www.nukewatch.org/watchblog/?p=2204

 

Baseless Claims?

http://www.nukewatch.org/watchblog/?p=2186

 

Nuclear Watch NM Gives Notice of Intent to Sue Over Lack of Cleanup at the Los Alamos Lab

http://www.nukewatch.org/watchblog/?p=2177

 

NukeWatch Calls for Public Seats at the Table in LANL Cleanup Negotiations

http://www.nukewatch.org/watchblog/?p=2140

 

Through comprehensive research, public education and effective citizen action, Nuclear Watch New Mexico seeks to promote safety and environmental protection at regional nuclear facilities; mission diversification away from nuclear weapons programs; greater accountability and cleanup in the nation-wide nuclear weapons complex; and consistent U.S. leadership toward a world free of nuclear weapons.

 

Nuclear Watch New Mexico

903 W. Alameda, #325

Santa Fe, NM 87501

505.989.7342 – phone and fax

info(at)nukewatch.org

www.nukewatch.org

 

Complicated geology under Los Alamos shows what a bad location this is for a permanent radioactive dump

 

STAND AGAINST THE RUSH TO RE-OPEN AN UNSAFE WIPP

STAND AGAINST THE RUSH TO RE-OPEN AN UNSAFE WIPP 

The U.S. Department of Energy (DOE) has announced that it intends to re-open the Waste Isolation Pilot Plant (WIPP) in December 2016. The nation’s only deep geologic repository, located 26 miles east of Carlsbad, has been shut down since February 2014 because of two events – an underground fire and a radiation release.

DOE is in a rush to re-open WIPP even though the facility cannot meet the previous operational and safety standards, let alone more stringent requirements that are necessary to prevent future accidents. The WIPP underground remains contaminated, so operations have to be greatly changed, including workers being dressed in “ebola suits.” Ventilation will not be restored to the pre-2014 levels until 2021 or later – the new system is not designed and how much it will cost is unknown.

The transuranic (plutonium-contaminated) waste from manufacturing nuclear bombs can be in safe storage at the generator sites, so there is no emergency requiring the rush to re-open.

DOE is rushing to re-open WIPP and ALSO wants to expand WIPP to other missions that are prohibited by law, including:

  • Greater-Than-Class C waste from dozens of commercial power plants;
  • High-level waste from Hanford, WA;
  • Commercial waste from West Valley, NY;
  • Surplus weapons-grade plutonium from the Savannah River Site, SC.

DOE also is proceeding with finding a “volunteer” site for the nation’s high-level defense waste, and some officials in southeastern New Mexico say publicly that WIPP should be that repository!

The 1992 WIPP Land Withdrawal Act explicitly PROHIBITS all high-level waste, all spent nuclear fuel, and all commercial waste. But DOE wants to ignore the law!

Those prohibitions resulted from many New Mexicans demanding them!

WHAT YOU CAN DO:

Contact Senators Udall and Heinrich (and other elected officials) and ask them to stop the rush to re-open an unsafe WIPP. Ask them to require DOE to drop the expansion proposals and commit that WIPP will not be considered for high-level waste. Ask them to have Congress reiterate that the WIPP law is not being changed to allow those expansions.

FOR MORE INFORMATION:

Southwest Research and Information Center, www.sric.org, 505-262-1862

Citizens for Alternatives to Radioactive Dumping, contactus@cardnm.org, 505-242-5511

Concerned Citizens for Nuclear Safety, www.nuclearactive.org, 505-986-1973

Nuclear Watch New Mexico, www.nukewatch.org, 505-989-7342

 

Here is a sample letter to use as-is or to modify. You can use the electronic message system at the Senators’ offices.

Senator Udall’s electronic message system: https://www.tomudall.senate.gov/?p=contact

Senator Heinrich’s electronic message system: https://www.heinrich.senate.gov/contact/write-martin

 

Senator Tom Udall                                                            Senator Martin Heinrich

531 Hart Senate Office Building                                    303 Hart Senate Office Building

Washington, DC 20510                                                Washington, DC 20510

 

Dear Senator Udall and Senator Heinrich:

I am very concerned about the Department of Energy (DOE) rushing to re-open WIPP this year despite unresolved public and worker safety issues and because of the many proposals to expand WIPP, if it is re-opened.

The WIPP underground remains contaminated, so operations have to be greatly changed, including workers being dressed in “ebola suits.” Ventilation will not be restored to the pre-2014 levels until 2021 or later – the new system is not designed and how much it will cost is unknown.

The transuranic (plutonium-contaminated) waste from manufacturing nuclear bombs can be in safe storage at generator sites, so there’s no emergency requiring the rush to re-open.

DOE recently announced that it wants to expand WIPP for commercial Greater-than-Class C (GTCC) waste from nuclear reactors and for tons of weapons-grade plutonium. DOE also wants to have a defense high-level waste repository and some people want to “volunteer” WIPP!

There is time for my requests to be fulfilled.  Please:

* Tell DOE to improve the ventilation and other safety requirements before WIPP re-opens

* Insist that DOE drop the expansion proposals

* Require DOE to affirm that WIPP will not be considered for the defense high-level waste repository

* Obtain additional congressional assurances that the WIPP law is not going to be changed to allow the proposed expansions.

WIPP is a public health and safety issue now and for many generations to come!

 

Thank you.

 

_______________________________________

Name

 

___________________________________________________________NM________________

Address                                                                        City                                   State                        Zip

 

 

WIPP site map

 

 

 

 

Los Alamos Cleanup At the Crossroads – New Cleanup Agreement Requires New Schedule and That Is About All

Los Alamos Cleanup At the Crossroads

New Cleanup Agreement Requires New Schedule and That Is About All

Following protracted negotiations, threatened litigation, and claims of imminent and substantial endangerment, the New Mexican Environment Department (NMED), the Department of Energy (DOE) and the Los Alamos National Laboratory (LANL) contractor agreed to sign the original Consent Order in March 2005. Its promise was fence-to-fence cleanup of Cold War legacy waste at Los Alamos. The 2005 Consent Order was designed as a plan-to-make-a-plan, with investigations followed by cleanup and with hundreds of specific milestones. The intent was to convince DOE to increase funding for LANL cleanup by making a complete cleanup schedule subject to enforcement. The original CO had a “final compliance date” scheduled for December 6, 2015.

However, in 2012, NMED signed a “Framework Agreement” with DOE that prioritized the transfer of 3,706 cubic meters of aboveground, “transuranic” (TRU) nuclear bomb production wastes from LANL to the Waste Isolation Pilot Plant (WIPP) in southern New Mexico. This put Consent Order cleanup on the back burner. Approximately 150 milestone extensions of the 2005 CO were granted to LANL by NMED. In February 2014, WIPP was shut down by improper packaging at LANL of a drum of this waste. Dealing with the remaining “suspect” drums (packaged at the same time) at LANL is a major priority lately instead of cleanup. This has kept the Consent Order cleanup on the back burner.

 

  • Just change the schedule

So NMED and LANL could pick a new final cleanup date, say 2030, and work backwards. Or start by adding 4 or 5 years to the old schedule for some reports and work it out from there. The point is to keep the original 2005 Consent Order language, which is very protective of the health and environment of Northern New Mexico, and just change the schedule dates. However the work is rescheduled, all the work items in the old Compliance Schedule Tables need to be addressed in new Compliance Schedule Tables with new dates given for all the work.

Recent public presentations by NMED implied that cleanup milestones in a revised CO would be assigned annually based on the anticipated budget. This would leave hundreds of cleanup items with no target date for completion and would leave cleanup at the mercy of Congressional budget winds. Any cleanup item not on the list for any given year could be outside the scope of enforcement. LANL could be in the position to not put items on the annual list and to delay cleanup forever.

If the schedule must be rearranged into some sort of “Campaign Mode” in an attempt to make cleanup more “efficient”, completion dates must be kept for every step. Every item in the Campaign must remain enforceable with concrete milestones including a final compliance date. All other items not in a Campaign must remain scheduled.

 

  • Lack of budget cannot be an excuse for lack of cleanup

Taking cleanup dollar crumbs and sprinkling them annually over some perceived priority cleanup items is the least efficient way to address the fence-to-fence cleanup of Cold War wastes at Los Alamos. Cleanup of the 70 years worth of contamination will never again be cheaper than it is this year. It is imperative that ambitious schedule be made and that it be kept.

Every day of delay means another day of Cold War radioactive and hazardous wastes leaking into the environment of Northern New Mexico.

  • Particular items to keep –  meaningful public comment and a final date

NMED Secretary Ryan Flynn stated publicly (starting at 8:00 min) that the need for a final cleanup date at Los Alamos is critical to Congress for funding. He presented a map that showed that Los Alamos National Laboratory was the only DOE weapons site without final cleanup date. (Slide 4) Instead, cleanup at LANL is listed as “TBD” (To Be Determined).

The final compliance date for the last work item must keep the Class 3 permit modification language. Please see our earlier blog for more information. This will ensure that the public can be heard at the end of the next CO and requires the opportunity for a public hearing.

There must be meaningful public input for the revised CO. NMED must give response to all comments.

A well-planned schedule with concrete milestones and final compliance dates would get the work done faster and cheaper. Course corrections with schedule adjustments will have to be made along the way. This would be expected for such a complex task. Having to adjust the schedule is no reason to throw it out. Any major rewrite of the 2005 Consent Order may only leave the future of NM less protected.

Not keeping up with changes in the 2005 Consent Order schedule is the main reason that the CO needs to be revised today. We currently find ourselves with cleanup of legacy wastes in such disarray that it seems that the only fix is to start over. But there is no reason not to just update the original 2005 schedule. Secretary Flynn has stated that the 2005 Consent Order is still in effect.

Today we could be looking at a known Consent Order with a new schedule. Instead we may end up with NMED and DOE renegotiating some untried document with unknown benefits and an unknown schedule.

Cleanup at Los Alamos National Laboratory is too important to leave as TBD.

 

DOE Cold War Sites Closure Dates map
Current Estimated Dates for Final Cleanup of Cold War Nuclear Weapons Sites

 

 

 

 

Four Strikes and You’re Out

Four Strikes and You’re Out

In stunning news on December 18, Justin Horwath of the SF New Mexican reported that the management and operating contractor of Los Alamos National Laboratory will not have its contract renewed after it ends Sept. 30, 2017. This is stunning because LANS LLC, the M&O contractor, could have potentially run the Lab until for 20 years until 2026, had it not had so many problems.

The annual contract for FY 2016 was over $2.2 billion. This means that Los Alamos National Security (LANS) left upwards of $20 billion (9 years of lost contract) on the table. It’s not often that a company gets the opportunity to make mistakes that costs them $20 billion worth of contracts. 

The management of the Lab was privatized when LANS was awarded the contract in 2005. LANS is a partnership between the University of California, Bechtel Corp., Babcock & Wilcox Co., and AECOM (formerly URS). Before 2005 the University of California exclusively managed LANL as a non-profit. The for-profit experiment for managing the Lab will hopefully be reconsidered. 

As a reminder, Nuclear Watch NM, along with our friends at Tri-Valley CARES, submitted a bid to manage the Lab back in 2005We thought the management should be non-profit and that nuclear weapons research should be phased out.

The overall direction of future missions at the Los Alamos National Laboratory (LANL) – We propose to downgrade the Lab’s nuclear weapons programs and subordinate them under a new Associate Directorship of Nuclear Nonproliferation so that it can be better assured that national and international obligations under the NonProliferation Treaty are met.

LANS lost the M&O contract because they failed to earn the “award term” 4 times. The award term is simply another year added to the contract. Section H-13(f) of the current contract states, ‘If the Contractor fails 4 times to earn award term, the operation of this Award Term clause will cease.” 

LANS lost award term in 2013.

Then, LANS lost award term in 2014 AND had one extra award term that was previously earned taken away because of improperly packing the radioactive waste drum that shut down WIPP.

And LANS lost this award term for 2015. LANL may be negotiating this, but they got a waiver in 2012 that granted them an award term when they didn’t actually earn it. They were told that was their last waiver.

That’s four.

These award terms are based on the Lab’s Performance Evaluation Reports (PERs), which thanks to a successful Freedom of Information Act lawsuit by NukeWatch, are available onlineWe wonder if having these available to the public could have helped the National Nuclear Security Administration (NNSA) in any way to not give the award terms. 

We do thank NNSA and the DOE LA Field Office for sticking to their guns by providing genuine oversight of the Lab this go-around. But the past few years serve as a reminder of the dangerous and difficult side of nuclear weapons work, the continuing health impacts to workers, and the impossibility of isolating the radioactive waste for hundreds of thousands of years. When will the US decide that it’s just not worth it?

The SF New Mexican also tells that NM Congressional delegation has weighed inWe agree with the joint statement issued by U.S. Sens. Tom Udall and Martin Heinrich and U.S. Rep. Ben Ray Luján that, “DOE must hold all of its contractors accountable and be responsible stewards of federal funds.”

But we have some questions about this statement:

“Los Alamos National Laboratory employs some of the best and brightest minds in the country whose contributions are indispensable to our national security. The lab also strengthens our economy by providing quality jobs, and we will always fight to protect its mission. As DOE prepares a new contract proposal, assuring continuity for the employees at LANL and the high-quality scientific, energy, and security contributions they make to our nation will be paramount. We are confident that Los Alamos will continue to have a critical role in national and international security, research and science. We expect to receive further details and regular briefings from NNSA as the process moves forward in the new year.”

The delegation’s joint letter seems to demonstrate how overly concerned they are with LANL’s “mission” of nuclear weapons production and with the institutional benefit of profit-making national security contractors. The Lab’s actual contributions to energy research and basic science are also a small proportion to the taxpayer dollars expended there.

A major rewrite of the Lab’s missions is needed where true national security is not based on nuclear weapons.

SF New Mexican – LANL misses cleanup deadline set in 2005 for largest waste site

There are a couple of minor inaccuracies in this story, for instance – “which blazed through waste dump site “Area R.” Nor sure what this refers to.
And – “ the lab has missed several milestones, including a June 2014 deadline to remove above-ground radioactive waste — delayed due to last February’s leak at WIPP.” Technically, removing the TRU is not part of the Consent Order.
~S

http://www.santafenewmexican.com/news/local_news/lanl-misses-cleanup-deadline-set-in-for-largest-waste-site/article_188344ac-0fb9-50a6-9ec1-fa2979a0d9b2.html

LANL misses cleanup deadline set in 2005 for largest waste site

Posted: Monday, December 7, 2015 6:45 pm | Updated: 10:41 pm, Mon Dec 7, 2015.
By Rebecca Moss
The New Mexican

A significant deadline to remove all major waste from a key Los Alamos National Laboratory site by Dec. 6 went unmet this weekend.

The deadline Sunday was set in 2005 as part of an agreement between the lab, the state Environment Department and the U.S. Department of Energy. However, officials have said the initial guidelines for cleaning up waste from decades of nuclear weapons production are no longer realistic within the time frame, following the burst of a LANL drum at a waste repository in Southern New Mexico in 2014. That caused a radiation leak that shut down a significant portion of the repository.

The shutdown of the Waste Isolation Pilot Plant near Carlsbad has pushed back the completion of the cleanup project — estimated to cost more than $1 billion.

A revised cleanup agreement is anticipated for 2016, although a release date has not been scheduled.

Allison Majure, a spokeswoman for the New Mexico Environment Department, said despite delays, the intent of the consent order for the LANL cleanup has not changed. “Just because the milestone passed does not mean the consent order is not in effect,” she said Monday.

She said public opinion has been solicited on the revised order.
Representatives for Los Alamos National Laboratory said they were unable to provide comment on the status of the order Monday.

Sunday’s deadline focused on “Area G,” LANL’s largest waste deposit site. A local watchdog group, Nuclear Watch New Mexico, said comprehensive cleanup for the site “is still decades away.”

In a statement released Monday, Nuclear Watch stressed the need for public participation in the revised cleanup order, including a public hearing, and condemned a plan proposed by LANL to “cap and cover” waste in Area G.

“Cleanup just keeps being delayed. If not corrected, cleanup simply won’t happen,” said Jay Coghlan, executive director of Nuclear Watch.

“Nobody ever thought cleanup would be fully completed by the end of 2015; nobody is under any illusions about that,” he added.

The 2005 consent order came in response to a lawsuit between the Energy Department and the state Environment Department following several events that triggered federal pressure, including the Cerro Grande Fire in Los Alamos in 2000, which blazed through waste dump site “Area R.” Officials at the time feared the fire could spark an explosion.

Since the consent order was issued, however, the lab has missed several milestones, including a June 2014 deadline to remove above-ground radioactive waste — delayed due to last February’s leak at WIPP.

During a meeting in November, state Environment Secretary Ryan Flynn said remaining cleanup costs under the 2005 order have been estimated at $1.2 billion by the federal government, but that these projections are too low; he said additional funds would be needed to meet cleanup targets, as well as the reappraisal of “unrealistic” milestones.

Below are the underground units at Area G –

Underground Pits and shafts at Area G
LANL Area G Underground Disposal Pits and Shafts

 

 

 

 

 

 

 

 

 

 

 

 

 

More from the SF New Mexican at:

http://www.santafenewmexican.com/news/local_news/lanl-misses-cleanup-deadline-set-in-for-largest-waste-site/article_188344ac-0fb9-50a6-9ec1-fa2979a0d9b2.html

NukeWatch Pushes Environment Department for More Public Input in Los Alamos Cleanup

NukeWatch Pushes Environment Department for More Public Input in Los Alamos Cleanup

An in-depth article, Consent order facing changes, by Mark Oswald in the Albuquerque Journal (October 9, 2015) lays out how legacy waste cleanup at Los Alamos National Laboratory (LANL) is being negotiated between DOE and the NM Environment Department (NMED) without the fully required public participation. The 2005 Consent Order (CO), which addresses the fence-to-fence cleanup of hundreds of thousands of cubic meters of Cold War legacy radioactive and hazardous waste in the ground at the Lab, was due to reach it’s final milestone this December. For many reasons, including the closure of WIPP due to improper radioactive waste drum packing practices at LANL, the December 2015 deadline will not be meet.

Please don’t think that, just because deadlines were not reached that it was a failure. Much progress on cleanup at LANL was made under the 2005 Consent Order. About 2,100 cleanup sites were originally identified, ranging from small spills to large landfills. Cleanup of about half of the sites has been completed. Initial investigation of about 90 percent of the remaining sites has been completed. Many cleanup alternatives were also investigated at the remaining sites and options have been presented. A groundwater monitoring well infrastructure was installed, with more monitoring wells on the way.

In Oswald’s article, NMED’s Kathryn Roberts stated that, “The 2005 deal was focused on investigative work and characterization of LANL’s legacy waste.” We at NukeWatch, feel that the goal of the 2005 Consent Order was always the cleanup of LANL and that the investigations and characterization of the many waste sites were just the first steps. There are milestones in the CO, with dates, for the actual cleanup of all the legacy waste sites at Los Alamos. The lab’s final “milestone” from the 2005 Consent Order was supposed to be a “remedy completion report,” due on Dec. 6, on how Area G, the Lab’s largest waste site, had been cleaned up.

NMED and DOE/LANL are negotiating the new CO now and have publically stated plans to rollout the draft for the new CO this November for a 60-day public comment period. Nuclear Watch NM believes that these negotiations must have public input.

This gets us to one of our main reasons why we feel the need for more public input. We are concerned that the new CO will not have enforceable milestones for all cleanup projects from the beginning. Deciding every 1 to 3 years which sites will be addressed for a cleanup ‘campaign’ and then what that schedule should be will insure that Los Alamos never addresses all the sites. This would revert cleanup back to the way it was done before the 2005 Consent Order with budget driving cleanup. But the purpose of the CO is to have cleanup drive the budget.  A schedule for all cleanups must be set from the beginning and the Lab must be held accountable every step along the way by getting the money and doing the work on time.

We will insist on a new final compliance date for the last milestone of the last legacy cleanup project. Cleanup at Los Alamos cannot be open-ended.

NukeWatch’s September 21 letter to NMED that explains our position that a “Class 3 Permit Modification” is required is here.

The 2005 Consent Order, as modified, is here.

 

Major Protests at U.S. Warhead Facilities Across the Nation Unite to Decry Trillion Dollar Plan for New U.S. Nuclear Weapons

For more information:
Ralph Hutchison, Oak Ridge Environmental Peace Alliance, orep@earthlink.net
<mailto:orep@earthlink.net> , 865-776-5050
Marylia Kelley, Tri-Valley CAREs, Livermore, marylia@trivalleycares.org
<mailto:marylia@trivalleycares.org> , 925-443-7148
Other key national and regional contacts are listed at the end of this release

For immediate release, August 4, 2015

HISTORIC 70TH ANNIVERSARY OF ATOMIC BOMBING OF HIROSHIMA, NAGASAKI:

Major Protests at U.S. Warhead Facilities Across the Nation Unite to Decry Trillion Dollar Plan for New U.S. Nuclear Weapons; Advocate Disarmament

A thousand or more peace advocates, Hibakusha (A-bomb survivors), religious leaders, scientists, economists, attorneys, doctors and nurses, nuclear analysts, former war planners and others across the country are coming together to commemorate the 70th Anniversary of the U.S. atomic bombings of Hiroshima and Nagasaki this August 6 through 9 at key sites in the U.S. nuclear weapons complex.

Major commemorations, rallies, protests and/or nonviolent direct actions will place at the Lawrence Livermore National Laboratory in CA, the Los Alamos National Laboratory in NM, the Kansas City Plant in MO, the Y-12 Plant in TN, the Rocky Flats Plant in CO, the Pantex Plant in TX, and in GA near the Savannah River Site. These events are united by their reflection on the past, and, uniquely, their focus on the present and future with a resolute determination to change U.S. nuclear weapons policy at the very locations that are linchpins in producing the new trillion dollar stockpile of nuclear weapons and their delivery vehicles.

“We stand on the brink of a new, global nuclear arms race,” noted Ralph Hutchison, the longstanding coordinator for the Oak Ridge Environmental Peace Alliance. “This is epitomized by government plans for a new Uranium Processing Facility to produce H-bomb components at Y-12, including for new-design weapons.”

“U.S. plans to ‘modernize’ the arsenal are also underway at Livermore Lab,” stated Marylia Kelley, Tri-Valley CAREs’ executive director. “A new Long-Range Stand Off warhead design and the start of plutonium shots in the Lab’s National Ignition Facility reveal two facets of this new arms race,” Kelley continued. “In contrast to the cold war, which was largely about sheer numbers, the new arms race and its dangers stem from novel military capabilities now being placed into nuclear weapons.”

Around the world, pressure for the U.S. to show leadership toward the abolition of nuclear weapons is growing. Pope Francis has repeatedly pressed the moral argument against nuclear weapons, inveighing not only against their use but also against their possession. In the wake of the successful Iran agreement, many are suggesting that since it has been settled that it would never be legitimate for Iran to obtain a nuclear weapon, shouldn’t we also agree that the 16,000 nuclear weapons in existence have no legitimacy either. Moreover, 113 governments recently signed the “Humanitarian Pledge,” circulated by Austria, to press the U.S. and other nuclear weapons states to fulfill their disarmament obligations.
Actions this week at U.S. nuclear weapons facilities will highlight the mounting international calls for nuclear abolition, with U.S. organizers lending their deep and often unique “on the ground” knowledge from the gates and fence lines of the facilities involved in creating new and modified U.S. nuclear weapons. “This 70th anniversary should be a time to reflect on the absolute horror of a nuclear detonation,” mused Ann Suellentrop of Physicians for Social Responsibility-Kansas City, “yet the new Kansas City Plant is churning out components to extend U.S. nuclear weapons 70 years into the future. The imperative to change that future is what motivates me to organize a peace fast at the gates of the Plant.”

Key events at U.S. nuclear weapons complex sites include:
• Y-12
– pastoral letter, remembrance, rally and nonviolent direct action, peace fast and lanterns. (More at http://orepa.org/action/hiroshimanagasaki-70/ <http://orepa.org/action/hiroshimanagasaki-70/> )
• Livermore Lab – peace camp, August 6 rally and nonviolent direct action, peace fast at the gates. (More info at www.trivalleycares.org <http://www.trivalleycares.org> )
• Los Alamos Lab – film screening, panels, rally and conference (More at www.nuclearwatch.org <http://www.nuclearwatch.org> )
• Kansas City Plant – atomic photographers exhibit, speakers, film screening, and peace fast at the gates. (More info at www.psr.org/chapters/kansas/ <http://www.psr.org/chapters/kansas/> )
• Savannah River Site – film screening, vigil, and circle of hope. (More: www.nonukesyall.org <http://www.nonukesyall.org> )
• Rocky Flats Plant – peace quilt, concert, film screening, labyrinth mourning walk. (More from judithmohling76@gmail.com <mailto:judithmohling76@gmail.com> )
• Pantex Plant – Hiroshima exhibit, panel discussion. (More at: www.peacefarm.us <http://www.peacefarm.us> )

These and other Hiroshima events and actions at sites in the U.S. nuclear weapons complex are being led by organizations that are members of the Alliance for Nuclear Accountability, which represents about three dozen groups. More about ANA can be found at www.ananuclear.org <http://www.ananuclear.org> .

ANA contacts available for interviews include:
Joni Arends
, Concerned Citizens for Nuclear Safety, jarends@nuclearactive.org <mailto:jarends@nuclearactive.org> ,  505 986-1973 (NM sites)
Jay Coghlan, Nuclear Watch New Mexico, jay@nukewatch.org <mailto:jay@nukewatch.org> , 505-989-7342 (NM sites)
Ann Suellentrop, Physicians for Social Responsibility-KC, annsuellen@gmail.com <mailto:annsuellen@gmail.com> , 913-271-7925 (MO site)
Kevin Kamps, Beyond Nuclear, kevin@beyondnuclear.org <mailto:kevin@beyondnuclear.org> , 240-462-3216 (Ohio sites)
Jerry Stein, Peace Farm, Cletus@am.net <mailto:Cletus@am.net> , 806-351-2744 (TX site)
Judith Mohling, Rocky Mountain Peace & Justice Center, judithmohling76@gmail.com <mailto:judithmohling76@gmail.com> , 303-447-9635 (CO sites)
Glenn Carroll, Nuclear Watch South, atom.girl@nonukesyall.org <mailto:atom.girl@nonukesyall.org> , 404-378-4263 (SC, GA sites)
Paul Kawika Martin, Peace Action, pmartin@peace-action.org <mailto:pmartin@peace-action.org> , 951-217-7285 (in Hiroshima)
Ralph Hutchison, Oak Ridge Environmental Peace Alliance, orep@earthlink.net <mailto:orep@earthlink.net> , 865-776-5050 (TN sites)
Marylia Kelley, Tri-Valley CAREs. marylia@trivalleycares.org <mailto:marylia@trivalleycares.org> , 925-443-7148 (CA sites)
Jackie Cabasso, Western States Legal Foundation, United for Peace & Justice, wslf@earthlink.net <mailto:wslf@earthlink.net> , 510-839-5877 (CA sites, calendar of national events)

Additional resources for media:
Physicians for Social Responsibility calendar and map of Hiroshima and Nagasaki actions at: www.psr.org/news-events/events/hiroshimadayevents-2015.html <http://www.psr.org/news-events/events/hiroshimadayevents-2015.html>
United for Peace and Justice, Nuclear Free Future Month calendar of events at: www.nuclearfreefuture.org <http://www.nuclearfreefuture.org>

###

 

WIPP Sold With a 10,000 Year Guarantee

WIPP Sold With a 10,000 Year Guarantee

WIPP CRA Meeting June 17 2015, Albuquerque, NM

 

10,000 years ago:

  • Jericho has been inhabited for a thousand years
  • Many megafauna go extinct, including the giant ground sloths, woolly rhinoceros, cave bear, and sabre-toothed cats (Mammoths survive in small groups for another 6500 years)
  • Cattle are domesticated and the plow is invented
  • In what is now northern Iraq, cultivation of barley and wheat begins.
  • Beer is first brewed.

 

10,000 years from now:

  • Sea levels will rise 3 to 4 meters
  • Technological civilization could reach end of its lifespan
  • Humanity has a 95% probability of being extinct
  • Pioneer 10 will pass within 3.8 light years of Barnard’s Star
  • The Waste Isolation Pilot Plant, for nuclear weapons waste, is planned to be protected until this time, with a “Permanent Marker” system designed to warn off visitors through both multiple languages (the six UN languages and Navajo) and through pictograms

 

Department of Energy and Environmental Protection Agency officials are also guaranteeing that the Waste Isolation Pilot Plant (WIPP) in southeast New Mexico will not release larger amounts of radiation for 10,000 yrs from the time that WIPP closes. Before recent events, WIPP was to end operations in the 2030 to 2035 timeframe when the last underground waste panel was full of nuclear weapons generated transuranic waste. Then there will be a 5-10 year period where it will be filled in and closed.

This 10,000-year guarantee is reevaluated and recertified every 5 years during a Compliance Recertification Application (CRA) process. EPA, has a unique authority – included in the WIPP Land Withdrawal Act – regarding radiation. EPA could deny certification and close WIPP down.  EPA last recertified WIPP in November 2010. The recertification decision is not subject to judicial review.

The protection requirement focuses on the annual radiation dose to a person living on the surface just outside the WIPP Land Withdrawal Act (LWA) boundary. In particular, the LWA requires that the “WIPP be constructed in such a manner as to provide a reasonable expectation that, for 10,000 years after disposal, undisturbed performance of the disposal system will not cause the annual committed effective dose equivalent (hereafter called “dose”) to exceed 15 millirems (mrem) (150 microsieverts) to any member of the public in the accessible environment.” (Pg. 55-1)

The difference this go ‘round is that a waste drum, improperly packaged at Los Alamos National Laboratory, released radiation and contaminated 21 workers at WIPP in February 2014.  WIPP has been closed since then. Hundreds of similarly improperly packaged drums are still in the underground at WIPP.

But wait, due to the CRA cycle, input data for this CRA was cut off in December 2012. It is unclear how information from the 2014 accident will impact this CRA. What is WIPP but the sum of all its operations? But DOE claims that current operations will not cause any radiation releases for the 10,000 years after WIPP closes.

 

How can such a claim be made? DOE uses computer modeling to do a Performance Assessment (PA). DOE claims that the information can be boiled down to a simple chart. 

Figure PA- 83. CRA-2014 PA and CRA-2009 PABC Overall Mean CCDFs for Total Normalized Releases

I can’t explain it but I was assured that that the 2014 CRA showed that WIPP was safer for 10,000 years than the 2009 CRA showed. (The solid 2014 curve is farther away the notched “Release Limits” line than the dashed red 2009 curve.) Image that – WIPP allegedly got safer in the last 5 years.

 

I guess the good news is that DOE and EPA are thinking about 10,000 years. The bad news is that we have to. We cannot continue to generate this waste that is only safe into the future because some software deems it so. The existing radioactive waste should be monitored and stored as close to the generating site, as safely as possible, where it was generated.

The radioactive isotope of the transuranic waste in WIPP is mostly plutonium 239. Plutonium 239 has a half-life of 24,000 yrs – more than twice the time addressed in this assessment.

 

Thanks to all who came out to the WIPP/EPA meetings last Wednesday, June 17.  And thanks for your concern in this important issue.

 

Read Olivier Uyttebrouck’s Albuquerque Journal Report on the afternoon session.

There is a video of the evening session comments.

All the Compliance Recertification Application documents are here

 

There is an opportunity to comment.

Please consider commenting that:

EPA must consider including all aspects of the Feb 2014 accident in this CRA.

EPA must forward all public comments to DOE for an official response.

EPA must re-inspect LANL before it can ship to WIPP.

EPA should re-inspect and approve all waste generating sites related to waste characterization before allowing WIPP to reopen.

Do not recertify WIPP until an independent qualified organization (independent of DOE, DOE con) provides an analysis that WIPP operation meets the intents and the promises made to New Mexico, is compliant with all statutory and regulatory requirements.

 

Please contact me if you have any questions.

 

WATCHDOG GROUPS HEAD TO D.C.TO URGE CONGRESS TO CONFRONT “THE GROWING U.S. NUCLEAR THREAT”

Alliance for Nuclear Accountability

A national network of organizations working to address issues of nuclear weapons production and waste cleanup

Nuclear Watch New Mexico

 

May 14, 2015

 

WATCHDOG GROUPS HEAD TO D.C. TO URGE CONGRESS, OBAMA ADMIN.

TO CONFRONT “THE GROWING U.S. NUCLEAR THREAT;”

NEW REPORT SEEKS CUTS IN BOMB PLANTS, WARHEAD MODERNIZATION

DIVERTING SAVINGS TO CLEANUP AND WEAPONS DISMANTLEMENT

            Dozens of community leaders from around the country will travel to Washington, DC next week to oppose U.S. Department of Energy (DOE) nuclear weapons projects, which they say will waste billions in taxpayer funds, damage the environment and undermine the nation’s non-proliferation goals. The group will meet with leading members of Congress, committee staffers, and top administration officials with responsibility for U. S. nuclear policies to press for new funding priorities.

Activists from nearly a dozen states are participating in the 27th annual Alliance for Nuclear Accountability (ANA) “DC Days.” They will deliver copies of ANA’s just-published report, The Growing U.S. Nuclear Threat (http://bit.ly/growing_nuclear_threat). The new 20-page analysis dissects the Obama Administration’s latest plans to spend hundreds of billions more on nuclear weapons programs without, the authors conclude, enhancing U.S. security.

Joining the Alliance will be four members of Nuclear Watch New Mexico: Dr. James Doyle, a nonproliferation expert fired by the Los Alamos Lab after writing a study arguing for nuclear weapons abolition; Chuck Montano, former LANL auditor and author of his just-released book Los Alamos: A Whistleblower’s Diary (http://losalamosdiary.com/index.html); Jay Coghlan, Executive Director; and Scott Kovac, Operations Director. “We will use this opportunity to represent New Mexicans who oppose the open checkbook policy for nuclear weapons by Congress to the National Labs,” Kovac stated.

Both Doyle and Coghlan have recently returned from the NonProliferation Treaty (NPT) Review Conference at the United Nations in New York City where they witnessed U.S. officials claiming that one trillion dollar plans for nuclear weapons modernization “contribute to and do not detract from progress on our NPT nuclear disarmament obligations.” But as Ralph Hutchison of the Oak Ridge Environmental Peace Alliance, the report’s editor, noted, “Massive spending on nuclear weapons ‘modernization’ increases the nuclear danger for the U.S. Lack of accountability at DOE wastes billions and puts the public at even greater risk. ANA members from across the country will urge policy-makers to cut programs that fund dangerous boondoggles. The money saved should be redirected to cleaning up the legacy of nuclear weapons research, testing and production.” Participants in DC Days include activists from groups that monitor such U.S. nuclear weapons facilities as Hanford, Lawrence Livermore, Rocky Flats, Los Alamos, Kansas City Plant, Pantex, Sandia, Oak Ridge, Savannah River and the Waste Isolation Pilot Plant.

The Alliance for Nuclear Accountability is a network of local, regional and national organizations representing the concerns of communities downwind and downstream from U.S. nuclear weapons production and radioactive waste disposal sites. As part of its DC Days, ANA will sponsor an Awards Reception honoring leaders of the movement for responsible nuclear policies on Monday evening, May 18. Honorees include U.S. Senator Harry Reid, U.S. Representative John Garamendi, Los Alamos whistleblower Dr. James Doyle, former FBI investigator of Rocky Flats Jon Lipsky, and nuclear campaigner Michael Keegan: The event will take place in Room B-340 of the Rayburn House Office Building from 5:30pm to 7:30pm.

After learning of his award, Dr. James Doyle replied, “It is an honor to be recognized by citizen organizations across the country who have been opposing nuclear weapons at the grassroots for decades.  The Alliance for Nuclear Accountability is an important part of the fabric of our civil society and helps create an informed citizenry essential to our freedom and security.  My case shows that even in America you must be careful when you question nuclear weapons.  These groups have been trying to change that since before I knew what nuclear war would mean for humanity.  I am proud to be working with them to eliminate nuclear weapons.”

– – 3 0 – –

NM Environment Department Starts Clock on Four Legacy Waste Penalties at LANL

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

 

 

Los Alamos Cleanup Budget Request Slips to 8% for FY 2016

 

Los Alamos Cleanup Budget Request Slips to 8% for FY 2016

 

 

 

 

 

 

 

Even as Los Alamos National Laboratory (LANL) faces more fines from the State for missed environmental cleanup, the cleanup budget request slips to 8% of the Lab’s total budget of $2.2 billion. The request for cleanup for Fiscal Year 2016 is $185.2 million. See the full chart and Lab tables here.

Even this ridiculously small amount is under attack. The ABQ Journal reported that the Department of Energy could be planning to pay for existing LANL fines out of this cleanup budget. In December 2014 the New Mexico Environment Department (NMED) issued fines totalling $37 million for improper waste handling that closed the Waste Isolation Pilot Plant in SE NM.

But really, the breeched drum that closed WIPP (full operations will not resume until 2018 at the earliest) came from the nuclear weapons activities programs. It’s like the weapons program handed the environmental cleanup program a ticking time bomb and said, “You deal with it.” Then when it blows up, it gets blamed on the environment folks. Reckless historic environmental practices by the nuclear weapons programs at the Lab have left a legacy of radioactive and hazardous wastes in the ground above our aquifer.

The official estimate for the total cleanup at Los Alamos has yet to be released. But it could easily $15 – 20 billion to remove the contamination threatening our future. Doing the math, a $15 billion cleanup estimate at $200 million per year would take 75 years. That is too long.

Ask your Congressional Representatives to fully fund cleanup at Los Alamos National Laboratory and to NOT use cleanup funds to pay any fines!

NM Senator Tom Udall

NM Senator Martin Heinrich

NM Congressional Representative Ben Ray Lujan

Questions for the DOE FY 2016 Nuclear Weapons and Cleanup Budget Request

The Administration releases its  Congressional Budget Request this Monday, February 2, 2015.

Questions for the U.S. Department of Energy FY 2016 Nuclear Weapons and Cleanup Budget Request

From

Alliance for Nuclear Accountability

A national network of organizations working to address issues of nuclear weapons production and waste cleanup

The US nuclear weapons budget continues to spiral out of control. Look for double-digit increases in Department of Energy (DOE) weapons activities. Core nonproliferation programs will be cut because of funding for mixed-oxide fuel. Cleanup of radioactive and toxic pollution from weapons research, testing, production and waste disposal will fall further behind. The DOE budget for FY 2016 will illuminate the Obama Administration’s misplaced nuclear priorities.

The Alliance for Nuclear Accountability (ANA), a 28-year-old network of groups from communities downwind and downstream of U.S. nuclear sites, will be looking at the following issues. For details, contact the ANA leaders listed at the end of this Advisory.

— Does the budget request boost funding for “modernization” programs that indefinitely maintain nuclear warheads? Such funding is contrary to the Obama Administration’s previously declared goal of a future world free of nuclear weapons.

— Does the budget reflect the Administration’s commitment to reduce funding (currently $335 million) on the multi-billion dollar Uranium Processing Facility at Oak Ridge by downsizing it to the capacity needed to support stockpile surveillance, maintenance and limited life extension?

— Does the budget increase funds for nuclear weapons dismantlement capacity? Will cooperative programs with Russia be maintained?

— Is there increased funding for expanded production of plutonium bomb cores? Why is expanded production needed when expert studies find that existing plutonium pits are durable?

— Is more than $300 million provided for the National Ignition Facility (NIF) at Livermore Lab that has repeatedly failed to achieve “ignition”? What is the funding level for uncontained plutonium shots although they will taint the NIF target chamber and optics with alpha radiation?

— Does the budget seek an increase for the B61 Life Extension Program (currently $643 million)?

— As DOE affirms that the $30-billion plutonium fuel (MOX) project at the Savannah River Site is financially unsustainable, is the MOX plant construction again proposed for “cold standby” (~$200 million) or a level to barely allow it to survive (~300+ million)? Does the budget include the current validated base-line cost of MOX plant, a validated construction and operation schedule and names of nuclear utilities willing to use experimental MOX fuel?

— Does the budget include $0 for Yucca Mountain? No funding is consistent with past requests that terminate this technically flawed site that is strongly opposed by Nevada state officials and the public.

— Does the budget provide additional Environmental Management (EM) funding (currently $5 billion) to meet all legally mandated cleanup milestones? States say cleanup agreements at a dozen major sites are underfunded by hundreds of million dollars.

– How will DOE and its contractors pay fines for missing milestones? In the past three months, the states of New Mexico, Idaho, and Washington have issued fines of tens of millions of dollars, and fines loom in South Carolina. In which other states does DOE face fines and lawsuits for missing milestones?

— What is the high range for total life-cycle cleanup costs (LCC) for EM sites? Because of funding shortfalls, High Range LCC costs have increased from $308.5 billion in the FY 2013 Budget Request, to $330.9 billion in the FY 2014 Request, and were $328.4 billion in the FY 2015 Request.

— How much does the budget include for the shut down of the Waste Isolation Pilot Plant (WIPP)? How much is for recovery and how much for waste emplacement (previously $220 million a year) even though no waste is being emplaced? How much additional funding is requested for the Idaho National Lab, Los Alamos, Savannah River, and Oak Ridge because of the shutdown?

— Does the budget for Hanford (more than $2 billion) protect workers from toxic chemical exposures, provide an Operational Readiness Review of the nuclear safety of the Waste Treatment Plant, and fund construction of new double-shell tanks to replace the leaking ones?

— Does the budget increase funding (currently $28.5 million) for the Defense Nuclear Facilities Safety Board (DNFSB) to provide independent oversight of DOE projects because of the many cost overruns, schedule delays, safety culture issues and technical problems?

— Is the funding for design and licensing of Small Modular Reactors (SMRs) enough to make them viable? As private financing is lacking, will DOE reaffirm that it will not finance SMR construction?

 

For further information, contact:

Jay Coghlan jay(at)nukewatch.org

 

Download the pdf and more contact info here.

 

Nuclear Weapons Sites Evaluations Released After NukeWatch requests

Performance Evaluation Reports For Nuclear Weapons Sites Continue to be Released After Nuclear Watch NM Freedom of Information Act requests

In response to a Freedom of Information Act (FOIA) lawsuit filed by Nuclear Watch New Mexico on March 28, 2012, the National Nuclear Security Administration (NNSA) released the FY2011 Performance Evaluation Reports for its eight nuclear weapons sites. These reports are the government’s scorecard for awarding tens of millions of dollars to nuclear weapons contractors, and were available to the public until 2009. But after that time NNSA withheld them in a general move toward less contractor accountability. We sought to begin to reverse that with our litigation.

In Spring 2013, NNSA released “Summary Reports” of the Weapons Sites’ FY2012 Performance Evaluation Reports (PERs). Nuclear Watch NM requested and received the full reports, which are posted on our site.

By Fall 2014, the FY2013 had still not been made publically available. In November 2104, Nuclear Watch NM filed a Freedom of information Act request for the FY2013 PERs. These PERs were posted online in December 2014.

Getting tired of waiting for the PERs every year made us file a Freedom of Information Act request for the FY2014 PERs sooner, which we did in mid December. The FY14 Performance Evaluation Reports were released this week, which is the earliest in the year that the PERs which been released in many years.

NNSA should be posting these important reports online without making us take up our valuable time filing for them. The Freedom of Information Act requires that “Frequently Requested” documents be posted in a reading room.

We don’t like it that we have to keep asking for the same reports year after year, especially reports that relate to such important programs and such large sums of taxpayers’ money. NNSA But we will keep doing it.

Check out our NNSA Performance Evaluation Page.

 

Watchdogs Urge Big Cut to Contractor Fees at the Sandia Labs

Watchdogs Urge Big Cut to Contractor Fees at the Sandia Labs

December 19, 2014 – The Project On Government Oversight and Nuclear Watch New Mexico sent the Department of Energy Secretary a letter urging that the FY 2014 contractor incentive award fee for the Sandia National Laboratories be completely denied. The two watchdog organizations wrote to the Secretary earlier this month to urge him to cut performance incentive award fees at least in half for the Los Alamos Lab contractor because of substandard performance that led to the contamination of 21 workers at the Waste Isolation Pilot Plant and the indefinite closure of that multi-billion facility. As deplorable as the Los Alamos situation is, the Sandia case is arguably worse because it involves direct violations of federal law that prohibit contractor use of taxpayers’ dollars to lobby the government for further work.

The Sandia Labs are run by the for-profit Sandia Corporation, wholly owned by the country’s largest contractor, the Lockheed Martin Corporation. According to its current contract with the federal government, the Sandia Corporation could earn up to $9.8 million in FY 2014 performance incentive award fees (it also stands to receive $18.3 million in fixed fees). In addition, Lockheed Martin could receive $2.8 million for “Home Office And Other Corporate Support,” which includes the subcategory “Provision of Corporate Ethics.” The Department of Energy should refuse to pay both because of improper lobbying of Congress and federal officials and Lockheed Martin’s ethical failure while doing so.

The Sandia Corporation’s unlawful lobbying has been well documented in two recent Department of Energy Inspector General reports. The first report concluded that Sandia had improperly paid ex-Congresswoman Heather Wilson (R.-NM) around $226,000 in consulting fees to lobby for additional work for the Sandia Labs. This began in January 2009, the day after she stepped down from office representing the congressional district in which Sandia is located. The DOE IG investigation forced the Sandia Corporation to reimburse the government the monies it had received to pay Wilson.

The second DOE IG report concluded: We believe that the use of federal funds for the development of a plan to influence members of Congress and federal officials to, in essence, prevent competition was inexplicable and unjustified… The evidence indicated that SNL and LMC [Lockheed Martin Corp.] officials had conversations with members of Congress and federal officials to convince the department, NNSA and Congress of the merits of contract extension without competition.

Peter Stockton, POGO’s senior investigator, commented, “This blatant attempt to pass along lobbying costs to taxpayers is revolting. Another example of catch me if you can. Reimbursement isn’t enough; DOE must punish Sandia for violating the law.”

Jay Coghlan, Nuclear Watch Director, commented, “The for-profit Sandia Corporation has made no public acknowledgment of responsibility or remorse. The Department of Energy must seriously cut Sandia’s award fees to make sure contractors get the message that business as usual corrupted by unlawful lobbying will no longer be tolerated. There should be no more contract extensions. Instead the management contract should be put out to bid as previously planned, until it was short-circuited by the Sandia Corporation’s illegal actions.”

# # #

The POGO/Nuclear Watch NM letter to DOE Secretary Ernest Moniz urging reduced award fees for the Sandia Labs contractor is here.

For the DOE IG reports, see:

Concerns with Consulting Contract Administration at Various Department Sites, Inspection Report: DOE/IG-0889, June 7, 2013, and

Alleged Attempts by Sandia National Laboratories to Influence Congress and Federal Officials on a Contract Extension, Special Inquiry: DOE/IG-0927, November 2014

 

GAO Seeks Broader Analysis For Proposed Liquid Waste Facility at LANL

GAO Seeks Broader Analysis For Proposed Liquid Waste Facility at LANL

The Government Accounting Office (GAO) was mandated to review the  “analysis of alternatives” (AOA) process applied by NNSA. The process entails identifying, analyzing, and selecting a preferred alternative to best meet the mission need by comparing the operational effectiveness, costs, and risks of potential alternatives. GAO developed a set of practices by reviewing AOA policies and guidance used by seven public and private-sector entities with experience in the AOA process. GAO’s review of DOE’s requirements for AOAs found that they conform to only 1 of the 24 best practices: the practice of defining functional requirements based on mission need.

DOE and NNSA officials acknowledge that unreliable AOAs are a risk factor for major cost increases and schedule delays for NNSA projects. As GAO has previously reported, NNSA has spent billions of dollars designing and partially constructing projects with an estimated cost of $750 million or more, only to later reassess alternatives. NNSA may continue on this path and continue to have limited assurance that it is selecting alternatives that best meet its mission needs and will not result in major cost increases and schedule delays in the future.

Overall, the National Nuclear Security Administration’s (NNSA) analysis of alternatives (AOA) conducted for the Radioactive Liquid Waste Treatment Facility (RLWTF) project only partially met best AOA practices. The mission need for this project—to replace the current, aging facility—was approved in October 2004. NNSA approved an initial AOA for this project in 2006, and after substantial cost increases, conducted a second AOA (analyzed here) in 2013. NNSA currently estimates the project will cost between $168 million and $220 million.

The GAO compared the AOA conducted at the Radioactive Liquid Waste Treatment Facility at LANL with AOA best practices in 24 areas.

For instance in best practices, the team or the decision maker defines selection criteria based on the mission need. What LANL actually did only partially met best practices because the Lab included in the project documentation brief summaries of the selection criteria used but did not describe how these were based on the mission need. LANL included only one of these selection criteria—the scope—in the mission need statement.

In another case, the team or the decision maker is supposed to weigh the selection criteria to reflect the relative importance of each criterion. Here best practices were not met because LANL did not include weighting selection criteria in project documentation.

The ailing facility is still operating.

During 2013, all treated water from the RLWTF was fed to the effluent evaporator. The evaporator was operated 3654 hours on 201 days during 2013, in both one-burner and two-burner mode. A total of 2.64 million liters of treated water were fed to the evaporator, and 2.55 million liters were discharged to the environment as steam from the evaporator stack.

Curies of radioactive materials fed to the effluent evaporator during 2013 were calculated by multiplying the evaporator feed volume (2,638,330 liters) times the flow-weighted average concentration of each radionuclide. Feed to the effluent evaporator in 2013 contained approximately 4.9E-04 curie alpha radioactivity, 3.35E-04 curie beta radioactivity, and 1.7E-02 curie of tritium.

This RLWTF is vital to nuclear weapons production operations at the Lab. But equipment failures could pose a risk to facility workers.

 

DOE AND NNSA PROJECT MANAGEMENT: Analysis of Alternatives Could Be Improved by Incorporating Best Practices

GAO-15-37: Published: Dec 11, 2014. Publicly Released: Dec 11, 2014.

 

Authors: Del Signore, John C. [Los Alamos National Laboratory]

2014-11-25, LA-UR-14-29097

Comments to DOE Re: Transition of Legacy Clean-up Work at Los Alamos National Laboratory

December 10, 2014

Jack R. Craig, Jr.

DOE EM

Re: Transition of Legacy Clean-up Work at Los Alamos National Laboratory

Mr. Craig,

Please consider these preliminary comments and requests concerning the transition of legacy clean-up work at Los Alamos National Laboratory.

Through comprehensive research, public education and effective citizen action, Nuclear Watch New Mexico seeks to promote safety and environmental protection at regional nuclear facilities; mission diversification away from nuclear weapons programs; greater accountability and cleanup in the nation-wide nuclear weapons complex; and consistent U.S. leadership toward a world free of nuclear weapons.

First, we request that alternatives to the current Department of Energy contract process be considered. The privatization of the nuclear weapons complex may be failing the U.S. taxpayer. Cost overruns plague the current system. Different variations of the same contractors still continue to line up for different variations of the same contracts. Yet, with a few exceptions, cleanup only crawls along. Many of the sites are still contaminated decades after the work was completed.  And now, WIPP is shut down.

We ask that alternatives such as looking to governmental agencies instead of private contractors be tasked with cleanup at Los Alamos. For instance, could the Army Corp. of Engineers do the job?

We also strongly request that alternatives to “No-Bid” and “Cost-Plus” contracts be considered first. Recently, Senate Armed Services Committee Chairman John McCain spoke to prohibit the Pentagon from awarding cost-plus contracts, arguing such deals encourage nefariousness. (DefenseNews.com, December 5, 2014)

Second, if a conventional contract is used, we request that the following specific items be included in the proposed new EM contract at LANL. We also ask that these items be included in the ‘bridge’ contract:

  • Must be tied to LANL Consent Order and LANL RCRA permit.
  • Any “campaigns” must be legally binding, and not used as justification to miss Consent Order milestones.
  • Should be more incentive based – less fixed.
  • Should be more transparent like ARRA, including public availability of Performance Evaluations.
  • Should have dramatically lower overhead costs, for example lower security and no LDRD costs. These overhead costs should be made public just as the old Functional Support Costs were available to the public.
  • Must include public update meetings semi-annually.
  • Should favor local/regional economic development.
  • Must have public update meetings at least semi-annually.

Third, for the new bridge contract and any final contract we ask:

  • Cleanup must continue at current pace during transition.
  • There must be a new lifecycle baseline – with the range with assumptions spelled out. Comprehensive cleanup must be considered, not just cap and cover.
  • Corrective Measures Evaluations must be completed on all areas as one of the priorities.

Finally, concerning the new bridge contract, the synopsis doesn’t address the issue of how much LANS will be paid under the to-be-finalized bridge contract in relation to how much it would have been paid under the existing contract. It also doesn’t state which of the tasks mentioned are different than under the existing contract. We request that costs and tasks be fully described in the to-be-finalized bridge contract.

Thank you for your consideration in these matters and please call if you have any questions.

Sincerely,

Jay Coghlan                                                            Scott Kovac

Executive Director                                                Research Director

Safety Analysis Flaws Plague Los Alamos TRU Waste Handing Facility

Safety Analysis Flaws Plague Los Alamos TRU Waste Handing Facility

The Defense Nuclear Facilities Safety Board (DNFSB) believes that the Radioassay and Nondestructive Testing (RANT) Shipping Facility at Los Alamos National Laboratory must resolve safety issues prior to resuming operations. The DNFSB staff review team identified “significant flaws” in hazard and accident analyses.

The RANT Shipping Facility is used to load transuranic (TRU) waste, typically either waste drums or standard waste boxes, into TRUPACT shipping containers. This facility supports the LANL TRU program and will be used long-term. The RANT Shipping Facility is currently in standby with no TRU waste present, pending the resumption of TRU waste shipments.

In November 2013, the contractor, LANS, submitted a new safety analysis, called a Documented Safety Analysis (DSA), to DOE oversight officials at the Los Alamos Field Office (LAFO) for approval. In February 2014, WIPP was shut down due to a radiation leak in the underground. It is believed that wheat-based kitty litter was mixed with nitrate salts in a transuranic waste drum as it was processed at Los Alamos that potentially caused the reaction that breached the container. In July 2014, LAFO completed its review of the RANT DSA and noted only four actions needed.

The DNFSB staff reviewed the DSA and identified significant weaknesses in the hazard analysis (HA), accident analysis, and safety controls. The review revealed inadequate identification and implementation of safety controls to protect the public and workers.

The DNFSB report found that LANS and LAFO underestimated consequences from potential crane failure accidents, seismic events, and fires. Underestimating possible consequences like these can lead to increased radiologic releases to the environment.

Defense Nuclear Facilities Safety Board Staff Issue Report September 29, 2014

Below is a Google Earth image of the RANT facility. Notice the 8 TRUPACT trailers with three round TRUPACT containers each on them.

NukeWatch Urges Increasing DOE Accountability in Wake of Fines

On December 6, the New Mexico Environment Department (NMED) declared multiple violations at both the Waste Isolation Pilot Plant (WIPP) and Los Alamos National Laboratory (LANL). NMED plans to fine WIPP $17.7 million and LANL $36.6 million due to major procedural problems related to the handling of radioactive transuranic (TRU) wastes that contributed to two significant incidents at WIPP earlier this year.

In addition to “failure to adequately characterize waste” and other violations, LANL was cited for the processing of nitrate-bearing wastes and adding neutralizing agents to that waste stream. LANL treated this procedure as if it was outside the state hazardous waste permit, but NMED determined that these operations were not exempt. LANL treated 100s of waste drums without a permit, and one of these was apparently the cause of the February 14, 2014 radioactive release at WIPP that contaminated 21 workers.

WIPP was cited for, among other violations, not notifying NMED in a timely fashion of the February 14 radioactive release.

The $36.6 million fine at LANL is based on up to $10,000 per day per non-compliance, but still represents less than 2% of the Lab’s $2.1 billion annual budget. The contractor that runs the Lab, Los Alamos National Security, LLC, is eligible to earn $57 million in bonus award fees for the fiscal year that ended last September 30th. The fines should be taken out of the bonuses.

NMED stipulated that the penalties couldn’t be paid for out of designated funding for environmental cleanup or operational needs at LANL and WIPP.

Nuclear Watch New Mexico applauds these efforts to hold the Department of Energy accountable in New Mexico and we urge NMED to not negotiate these relatively modest fines down, as is typically the case. These fines should be paid out of the contractor’s profits. The Lab had this waste for over 20 years and still could not get it right. We hope these NMED fines are a wake up call for safe, comprehensive cleanup of all the wastes left from the Cold War at the Los Alamos Lab.”

NMED information is available here.

DOE Sec. Moniz Calls To Speed Up WIPP Reopening While LANL Digs Up More Problems

US Department of Energy Secretary Ernest Moniz visited the Waste Isolation Pilot Plant (WIPP) recently and announced future recovery plans for WIPP and they include a target date to start some operations 18 months from now reported KRQE.

That date is extremely optimistic. Here’s a few reasons why –

  1. The exact cause of the February 14 release that shut WIPP down is still unknown. The cause must be determined before much else can happen.
  2. There are 360+ drums in Panel 6 that are suspected to have similar waste characteristics to the drum that leaked radiation. These have also now been re-characterized as “ignitable” by Los Alamos officials. Do these need to be removed and retreated? A decision is needed.
  3.  Panel 6 must be sealed off to protect mine workers from releases.
  4. There are 50+ suspect drums in Panel 7 where the original release happen.
  5. Parts of Panel 7 must be sealed off to protect workers.
  6. A new exhaust shaft is in the planning stages.
  7. The mine should be decontaminated.
  8. Funding for the recovery work will be needed.
  9. Fines will probably have to be paid.
  10. If the WIPP Hazardous Waste Permit with the State is changed substantially, public comments and possible hearings will be required.
  11. Hopefully, a truly independent review will be approved.

In addition to these, Los Alamos officials have retroactively re-characterized many waste drums as “ignitable”. See previous post. Today it was revealed that Los Alamos has re-characterized some waste drums as “corrosive”.  Ignitable (EPA waste code D001) and corrosive (EPA waste code D002) wastes are prohibited from WIPP.

The NM Environment Department, and its Secretary Ryan Flynn, has the final say about the final disposition of the now illegal waste drums and many of the other issues. We trust he will take the health of present workers and future generations into account in his decision-making. DOE’s imagined schedule should not be a consideration.

We appreciate that Los Alamos Laboratory officials have stepped up and re-characterized the drums. But we don’t think DOE officials should be making statements about the timing of WIPP’s reopening (or even that WIPP will reopen at all) until all the facts are in.

To make matters even worse, the Current Argus reported that “Moniz told the town hall meeting [that the Department of] Energy is considering the facility [WIPP] to store spent fuel from commercial nuclear power plants, but provided no time line.”

To even consider expanding WIPP when it is not even open shows the lack of focus on the current problems and shows the lessons have not been learned.

 

LANL Heading Down Slippery Slope With Proposed Biosafety Lab

The DOE Inspector General released Audit Report on “Management of the National Nuclear Security Administration’s Biosafety Laboratories” that calls for a re-evaluation of the proposed needs for Biolabs at nuclear weapons facilities such as Los Alamos.

The report stated that Los Alamos National Laboratory was considering a $9.5 million expansion of bio-laboratory capabilities even though the Lab could not assess current usage or future needs. Apparently the Lab based facility-planning decisions on perceptions about future demand.

From the report –

[DOE] identified the development of a BSL-3 facility at LANL as its preferred alternative for meeting biosafety laboratory needs even though it had not fully considered the need for and cost effectiveness of additional capacity. Nor, had it developed a sound basis for measuring the utilization of existing facilities – a critical factor in determining the need for additional capacity.

Biological containment levels range from BSL-1, which handles only agents not known to cause illness in humans, to BSL-4, which houses agents for which there are no known cures, such as Ebola. A BSL-3 designation permits work with virulent pathogens used in both defensive and offensive biological warfare research.

Although the BSL-3 building has been constructed, the need is very questionable. From the report –

Specifically, we contacted two of the three Federal agencies that LANL told us were prospective [Work For Other] WFO customers and officials representing those potential customers stated that they did not have any specific plans to contract for BSL-3 research at LANL. Further, officials at both agencies indicated that other existing BSL-3 facilities could satisfactorily meet their needs. In fact, one official told us that generally other existing BSL-3 laboratories were less expensive than expected at the new LANL facility and that several had comparable security.

While the BSL-3 building has been constructed, there is no compliance with the National Environmental Policy Act (NEPA).  The draft Environmental Impact Statement (EIS) currently being prepared for BSL-3 facility operations pursuant to NEPA has not even been released, much less a final EIS or Record of Decision (ROD).  The current schedule calls for the EIS to be released in August 2014, but if past schedule changes are indications, it is not going to happen.

The draft EIS has been in process for nine years and counting. We at NukeWatch demand that DOE start over and re-scope both the alternatives and need for the BSL-3 at LANL. LANL is working on a Biological Research Capability Assessment to assess bioscience needs, which must be completed before the BSL-3 is re-scoped.

We hope the current Assessment is more empirical than the 2011 Review, which proposed that the BSL-3 facility was essential to LANL’s mission without considering data such as available capacity at other locations and estimates of projected use from outside customers.

The LANL BSL-3 EIS was the result of a lawsuit. During 2001 and 2002 NukeWatch contested the arbitrary and capricious public process DOE was using to justify its decision to build the proposed BSL-3 facilities at LANL and Lawrence Livermore National Laboratory (LLNL). DOE failed to adequately address the many concerns raised by the public and proceeded to release final Environmental Assessments (EAs) for both laboratories, along with so-called Findings of No Significant Impact, which gives the Department the green light to begin the first steps leading to operations. Because DOE left so many legitimate questions and concerns unanswered, NukeWatch felt that a legal challenge was necessary.

In August 2003 NukeWatch and Tri-Valley CAREs, a citizens group based in Livermore, CA, jointly filed a lawsuit in the federal district court of northern California claiming that DOE had failed to fully analyze the environmental and health risks associated with the proposed operation of its BSL-3 facilities at LANL and LLNL. In effect, DOE wrote itself a blank check for a wide range of infectious disease research at the two labs. NukeWatch and Tri-Valley CAREs argued that DOE failed to consider the grave risks of introducing pathogens whose behavior may not be known or understood, and for which a cure may not exist.

In January 2004, DOE announced that it had revoked approval for its newly constructed, advanced bio-warfare agent research facility at Los Alamos. DOE went back to square one, and reviewed whether the agency needed to undertake a full Environmental Impact Statement – a key demand in the lawsuit. The BSL-3 at LLNL was built and is operating.

DOE released a notice for the LANL EIS on November 29, 2005. The Notice of Intent to prepare an EIS for the BSL-3 stated that one reason requiring preparation of an EIS was that “it was necessary to conduct additional seismic analysis of the location of the building on fill material on the sloping side of a canyon.” This calls into question not just whether BSL-3 activities can be safely conducted before these issues are resolved through the EIS, but whether any operations can be safely conducted at all.

The drawing below shows the LANL BSL-3 built in a seismic zone, on fill, and on a steep slope.

Review of the Stability Analysis for the LANL BSL-3 Building Foundation, UCRL-TR-226737, November 2, 2006


The DOE-IG report stated that LANL would need to spend about $437,000 in upgrades to attempt to mitigate this seismic concern.  DOE also is spending about $478,000 to complete the now required Environmental Impact Statement

Another $595,000 is needed to open the facility, which includes $368,000 of operating costs for maintenance, utilities, etc.

Can the Laboratory be the best place for bioscience? If the Lab is looking for more funding streams, shouldn’t it be directing its attention to non-proliferation programs and cleanup?

 

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