Energy Dept Misrepresents Cost and Scope of Los Alamos Cleanup

New Mexican Politicians Should Not Be Misled

Energy Dept Misrepresents Cost and Scope of Los Alamos Cleanup

Santa Fe, NM – The Department of Energy (DOE) has released a 2016 Lifecycle Cost Estimate Summary of proposed future cleanup at the Los Alamos National Laboratory (LANL).  At the beginning of that document DOE declares that “An estimated 5,000 cubic meters of legacy waste remains, of which approximately 2,400 cm [cubic meters] is retrievably stored below ground”, a claim which was widely reported in New Mexican media.  From there DOE estimates that it will cost $2.9 to $3.8 billion to complete so-called cleanup around 2040.

The public was notified of the 2016 Lifecycle Cost Estimate in a September 15 Santa Fe City press release, with the subtitle “Study Lays Out Timeline, Costs, and More, Answers Critical Questions with Honest Assessment.” Santa Fe Mayor Javier Gonzales is quoted, “This report represents the first and most comprehensive release of specific plans to complete the cleanup of legacy waste at LANL, and is a big step forward for the people in these communities who want to see a concrete commitment to making progress.” Mayor Gonzales went on to thank Senators Udall and Heinrich and Rep. Ben Ray Lujan for their help in obtaining the report.

However, the DOE report is far from honest. It intentionally omits any mention of approximately 150,000 cubic meters of poorly characterized radioactive and toxic wastes just at Area G (LANL’s largest waste dump) alone, an amount of wastes 30 times larger than DOE acknowledges in the 2016 Lifecycle Cost Estimate. In reality, DOE and LANL plan to not clean up Area G, instead installing an “engineered cover” and leaving the wastes permanently buried. This will create a permanent nuclear waste dump above the regional groundwater aquifer, three miles uphill from the Rio Grande. Radioactive and toxic wastes are buried directly in the ground without liners, and migration of plutonium has been detected 200 feet below Area G’s surface.

Santa Fe Mayor Gonzales is the Vice-Chair of the Regional Coalition of LANL Communities. The Coalition is comprised of elected official from eight cities, counties and pueblos surrounding LANL, and is overwhelmingly funded by DOE and Los Alamos County. The same Santa Fe City press release quotes the RCLC Executive Director, “The Lifecycle Baseline documentation provides our communities the necessary foundation to properly advocate on behalf of the best possible scenarios for cleaning up legacy nuclear waste at the Laboratory in the most time and cost-efficient manner. After years of requests for this document, we now have the tool that can get us to additional cleanup dollars to get the job done.”

However, the 2016 Lifecycle Cost Estimate Summary itself states that it is “based on realistic expectations of annual funding for the remaining work” (last page, unnumbered) and “annual funding is expected to remain constant throughout the duration of the cleanup mission” (p. 5). While annual funding for the Lab’s nuclear weapons programs has climbed to $1.5 billion, cleanup has fallen from a high of $225 million in FY 2014 to $189 million requested for FY 2017. Moreover, this trend of declining cleanup funding may be exacerbated by the planned trillion dollar “modernization” of U.S. nuclear forces, including research and production sites like LANL (which is slated to quadruple production of the plutonium pit triggers for nuclear weapons). Instead of being a tool for additional dollars for genuine, comprehensive cleanup, the 2016 Lifecycle Cost Estimate Summary is a DOE ploy to avoid cleaning up more than 90% of all wastes at LANL.

Jay Coghlan, Nuclear Watch New Mexico Executive Director, commented, “Mayor Gonzales and the Regional Coalition are to be commended for getting any Lab cleanup plan at all out of the Department of Energy. But now they should take the next step and get the Department of Energy to quit being so chintzy with cleanup. Our elected officials should demand that DOE retract its false claim that there is only 5,000 cubic meters of waste left at LANL to clean up. Then our politicians should push hard for a genuine, comprehensive cleanup plan that permanently protects the environment and our precious water resources while creating hundreds of high paying jobs.”

# # #

The Department of Energy’s 2016 Lifecycle Cost Estimate Summary is available at http://nukewatch.org/importantdocs/resources/LBC-Summary-Aug-2016.pdf

Estimated quantities of waste at Area G (in cubic yards) are from Table G3.41, MDA G Corrective Measures Evaluation, 2011, LANS, p. G-13. See excerpts at http://nukewatch.org/importantdocs/resources/Area_G_Pit_Totals_from_CME_rev3_Sept-2011.pdf

The full MDA G Corrective Measures Evaluation (159 MB) is available at  http://permalink.lanl.gov/object/tr?what=info:lanl-repo/eprr/ERID-206324

Documentation of the plutonium detection 200 feet below the surface of Area G is at http://nukewatch.org/importantdocs/resources/AGCME Plate_B-3_radionuclides_subsurface.pdf

 

Radioactive waste disposal practices at Los Alamos National Laboratory

DOE Secretly Funding Front Group to Help it Evade Nuclear Cleanup

FOR IMMEDIATE RELEASE: August 31, 2016
Contact: Denise Duffield, 213-689-9170 <tel:213-689-9170>  office
Cindi Gortner 818-489-1226
Bonnie Klea 818-854-4825
Marie Mason  805-279-0356 

 

U.S. Department of Energy Secretly Funding Front Group to Help it Evade Nuclear Cleanup at Santa Susana Field Laboratory

Controversial grant made at the same time department reneged on financial commitment to national independently administered community fund


Community members living near the contaminated Santa Susana Field Laboratory were outraged to learn that the U.S. Department of Energy (DOE) has secretly been funding a front group that is lobbying for the breach of DOE’s cleanup agreement for the Santa Susana Field Laboratory (SSFL) – and that the agency’s request for secrecy may have been made to avoid attention from Senator Barbara Boxer, a longtime supporter of full cleanup.

SSFL is heavily contaminated with nuclear and chemical contamination resulting from decades of nuclear activities and rocket engine testing, In 2010, agreements (Administrative Orders on Consent or AOCs) were signed between the state Department of Toxic Substances Control (DTSC) and DOE and NASA to cleanup all detectable contamination at their respective portions of the property. The AOC was first proposed by former DOE Secretary Dr. Steven Chu and Assistant Secretary for Environmental Management (DOE-EM) Dr. Inez Triay. Boeing, which owns most of the site, refused to sign the agreement and is pushing for a much weaker cleanup.

In 2011, under the Brown Administration, the DTSC’s commitment to full cleanup began to erode, and along with it, those of NASA and DOE. Over objections from community members   and elected officials , the DTSC replaced the longstanding public participation vehicle, the SSFL Work Group, with the SSFL Community Advisory Group (SSFL CAG). The CAG’s leadership is composed of individuals with ties to the parties responsible for the contamination at SSFL, and the group actively lobbies against the AOCs. One CAG flyer reads, “Why the AOC Cleanup at SSFL is Bad for Our Community” (here .) and states that the AOC will harm the environment and Native American artifacts, which are in fact protected by the AOC. The CAG also denies SSFL’s health impacts. One CAG member, a former SSFL official and current DOE contractor, maligned previous health studies so badly that their authors felt compelled to write an op-ed in the Ventura County Star in defense.

The public has been demanding to know for a long time how the CAG was funded, and neither the CAG nor  DTSC have disclosed that information. In December 2015   and in May 2016 , cleanup advocates complained to the DTSC Independent Review Panel (IRP), established by the California legislature to investigate DTSC’s many failings, about the CAG’s anonymous funding and conduct. No action was taken on the matter.

The complaints were instigated by the CAG’s announcement, at it’s August 19, 2015 meeting, that it would be receiving a $32,000 – $35,000 donation from a donor who wished to be anonymous. A video from the meeting shows CAG member Alec Uzemeck claiming the donation had “no strings,” and that it was anonymous “Because everything we do is politically charged. We have people out there who make phone calls. And if you’re the executive of a corporation and you get a call from Barbara Boxer, I’m quite sure that that’s going to have an impact on it. But, we don’t want that. We wanna have the money in hand when we announce who the donors are.” (See video here .) The CAG’s August 2015 minutes (here ) make it clear that the anonymity was at the donor’s request, and so secret that the CAG leadership would not reveal the donor to the full CAG membership, causing one CAG member to resign.

At it’s August 17, 2016 meeting, a full year after having announced its anonymous gift, the CAG revealed that the donor was the Department of Energy. Uzemeck said, “DOE will be coming out with a quarterly report, probably in two or three weeks. And it will have a list of grants on the last page. And DOE is the one that made the grant for us. They are the one who supplied the funding. So, the question’s been answered.” Uzemeck’s statement can be viewed here. The CAG’s tax returns   show that the organization received $38,600 in 2015.

The DOE refuses to answer questions about the arrangement, what the grant funds are expended on, explain why the funding was kept secret for a full year, or provide a copy of the grant application and contract. “For one of the Responsible Parties, DOE, to be funding a group that is trying to help DOE avoid its cleanup obligations, and asking for DOE’s identity as the source of the funds to be long kept secret, would be nothing short of scandalous.” said Denise Duffield, Associate Director of Physicians for Social Responsibiiity-Los Angeles in an August 30 email to Dr. Monica Regalbuto, Assistant Secretary for the DOE’s Office of Environmental Management.

Community members are also deeply troubled that DOE funded the CAG during the same month that it broke its commitment and revoked funding for the final year of a five-year commitment to the New Mexico Community Foundation (NMCF)-administered Community Involvement Fund (CIF), which funds independent groups in impacted communities near contaminated DOE sites throughout the country. Reneging on its contract and failing to disperse a final $300,000 payment to NMCF caused over a dozen community groups to lose key funding.

“DOE broke its commitment to provide its funding for community groups near contaminated sites through an independent mechanism and hands-off procedures that assured DOE would not do precisely what it has now done—fund a front group to lobby on DOE’s behalf to get out of its cleanup obligations.” said Duffield in the email to Regalbuto.

Community members are dismayed and angered by the revelations. Simi Valley resident Marie Mason, who has led community cleanup efforts for 28 years, said, “I find it more than shocking that the DOE would fund this group and ask to conceal they are the funding source and especially to not have Senator Boxer find out. I am more than disgusted and filled with sadness. DOE and DTSC are part of the problem with too many close ties to the polluters and total disregard for the communities they are supposed to protect.”

Bonnie Klea, a former worker at SSFL and cancer survivor, said, “I am appalled that DOE funded the CAG so that members can go out and lobby against the AOC and deny the cancer risks from the past, present and future exposure from the site. This is disgusting. ” Klea and others note that the CAG does not represent the views of the community, which overwhelming supports the AOCs. All but 14 of the 3,700 comments submitted on the AOC were in favor of the agreement, and over 1,600 signed a petition last year urging that the cleanup agreements be upheld. (See petition here .)

Duffield’s email to DOE, sent also to local and state officials, implored the agency for answers and noted that no local elected officials had been consulted with or informed of the funding. “The community has the right to know about the intent, character, and tactics of the agency that holds their potential health and well being in its hands. And elected officials, many of whom have been lobbied by the CAG to weaken the cleanup, must be informed about financial contributions that DOE is making to this group to influence them and help it break out the cleanup agreements.”

# # #

The Rocketdyne Cleanup Coalition, or RCC, is a community-based alliance dedicated to the cleanup of the Santa Susana Field Laboratory (SSFL), commonly known as Rocketdyne.



From: Denise Duffield <dduffield(at)psr-la.org
Date: Mon, Aug 29, 2016 at 12:57 PM
Subject: Time-Sensitive Request re: DOE CAG funding and the SSFL AOC cleanup agreement
To:
monica.regalbuto@em.doe.gov

Dear Assistant Energy Secretary for Environmental Management Regalbuto:

I was shocked to learn recently that DOE has been funding a front group that is lobbying for the breach of DOE’s cleanup agreement for the Santa Susana Field Laboratory (SSFL) – and that DOE had apparently requested that the funding be kept secret so that Senator Barbara Boxer wouldn’t learn of it. I write today to both apprise you of this troubling situation and to request further information and documents related to DOE’s decision to fund the SSFL CAG.

The SSFL CAG is a small but highly controversial group that is lobbying against the cleanup agreement (Administrative Order on Consent, or AOC) for SSFL signed by both DOE and the state regulatory agency overseeing the cleanup, the Department of Toxic Substances Control (DTSC). For example, one CAG flyer reads, “Why the AOC Cleanup at SSFL is Bad for Our Community” (here.) “The AOC Cleanup: More Harm Than Good?” reads another (here.) The CAG routinely propagates false information about SSFL’s contamination, health impacts, and cleanup. A CAG – Community Advisory Group – should represent the community. However, the SSFL CAG does not even remotely represent the community, which understands that SSFL is contaminated with dangerous radionuclides and chemicals and needs to be fully remediated per the current DOE cleanup agreement. The CAG is a classic “astroturf” (i.e., fake grassroots) group dominated by people with ties to the parties responsible for the contamination at SSFL.

The public has been demanding to know for a long time how the CAG was funded and how it spends those funds. The CAG has refused to disclose that information, which is troubling for an entity that claims to be public. The community has suspected that the money comes from one or more of the entities that polluted the site and that is trying to get out of its cleanup obligations, and that that is why the CAG wouldn’t disclose the funding source or sources. Now it appears that that is indeed the case. For one of the Responsible Parties, DOE, to be funding a group that is trying to help DOE avoid its cleanup obligations, and asking for DOE’s identity as the source of the funds to be long kept secret, would be nothing short of scandalous.

The DOE SSFL cleanup agreement (AOC) was proposed by former DOE Secretary Dr. Steven Chu and Assistant Secretary for Environmental Management (DOE-EM), Dr. Inez Triay. It was signed by DOE and DTSC in December 2010. The AOC stipulates that Area IV and the Northern Buffer Zone at SSFL are to be cleaned up to background. In February 2014, at a meeting of the SSFL Work Group, DOE SSFL Project Director John Jones told the audience of community members, elected officials, and media that the DOE was committed to upholding the AOC agreement (see video here.)

Since then, the community has seen an erosion of DOE’s stated commitment, including a Public Scoping plan which included numerous options that would violate the AOC (such as keeping waste on site), accompanied by a report grossly exaggerating soil removal estimates (see statement by the Southern California Federation of Scientists here.) In addition, the AOC explicitly defines soils as including structures (see page five of AOC here), which are to be cleaned up to background and all wastes to go to licensed low level radioactive waste disposal sites, yet DOE is now taking the position that it can demolish nuclear structures at SSFL at will, using far less protective standards, and dispose of their radioactive wastes anywhere. The DOE has also apparently told the CAG that it is contemplating trying to modify the AOC to be required to perform much less cleanup than it had promised in order to save money (see CAG July 20, 2016 minutes here.)

And now, we have learned that the DOE has been funding the CAG. The DOE is abundantly aware that the CAG openly, actively, and vigorously works to break the AOC cleanup agreement that DOE signed. DOE’s funding of the SSFL CAG is therefore an alarming and direct assault on the AOC itself. It also makes clear that the CAG is an agent of one of the parties responsible for the pollution at the site and which is trying desperately to get out of its obligation to clean up all the radioactive and toxic mess that it made. The CAG regularly lobbies elected officials to try to persuade them to push to weaken the cleanup —an activity outside the scope of a regular community advisory group. It is very troubling for DOE, responsible for the contamination and sworn to uphold a cleanup agreement to clean it all up, to be secretly funding a group that lobbies elected officials to support DOE breaking its agreement.

We are also deeply disturbed by the secrecy surrounding DOE’s grant to the SSFL CAG. The CAG first announced that it was to receive $32,000 in funding at an August 2015 meeting, in which it stated that the donor wished to remain anonymous in order to avoid Senator Barbara Boxer, a longtime SSFL cleanup supporter, learning of the funding and taking action thereon. (See video of CAG meeting here.) Only now, a year later, near the end of Senator Boxer’s esteemed Senate career, has the CAG apparently been given permission to reveal that the identity of its funder is the DOE. It is outrageous and unconscionable for a government agency to make a financial contribution to any organization and request that the funding be kept secret, for any reason, let alone for the purpose of evading the attention of a United States Senator who would likely object to what it was doing. The CAG’s August 2015 minutes (here) make it clear that the anonymity, which lasted a full year, was at the donor’s request.

Further, the DOE funded the CAG during the same year that it broke its commitment and revoked funding for the final year of a five-year commitment to the New Mexico Community Foundation (NMCF)-administered Community Involvement Fund (CIF), which funds independent groups in impacted communities near contaminated DOE sites throughout the country. The DOE’s agreement with NMCF states, “By utilizing a cooperative agreement with an independent entity to distribute grant funds to qualified organizations representing the interests of the public, DOE-EM will ensure that the program is not viewed as a surrogate for DOE’s own preferences, and that long-term DOE-EM decisions are based on input from individuals and/or groups who are most likely to be affected by those decisions.”

In other words, DOE was supposed to stay out of the grant selection process to assure that groups funded were independent of DOE. However, the DOE weighed in heavily against a re-application submitted by Physicians for Social Responsibility-Los Angeles (PSR-LA) for the SSFL Work Group, the longstanding advisory group established a quarter of a century ago by the electeds and which represents the main mechanism for the community to learn about and provide feedback on the cleanup and hold the agencies accountable. In August 2013 we applied for and received a $23,000 CIF grant. We re-applied in August 2014, but learned that DOE was pressuring CIF to deny the grant, which violated its commitment to keep hands-off the selection process. To its credit, in November 2014, the NMCF awarded the second grant of $20,000 (and did not fund the SSFL CAG, which had also applied for the funding.)

Very shortly thereafter, the DOE reneged on the final $300,000 it had pledged to NMCF, impacting not just PSR-LA and the SSFL Work Group but over a dozen communities nationwide. NMCF sent a message to its grantees on March 16, 2015 stating, “Earlier this year, representatives of the Department of Energy (DOE) advised New Mexico Community Foundation (NMCF) that the foundation would receive only partial funding for the CIF grant program in 2015.  Last month, we were informed that NMCF would only be funded a small portion of the overall budget request solely for administrative oversight of the current 2014-15 grant cycle, and no funding would be allocated to go towards new grant-making. Adding to our confusion and concern, the decision-making process associated with the 2015 CIF appropriation has not been clearly communicated, nor have we been given a clear indication of the reasons for the reduction in funding.”

We cannot say with certainty that DOE revoked funding to the NMCF due to its decision to fund the SSFL Work Group despite the inappropriate pressure by DOE. But, we must point this out as a strong possibility in light of the timing and DOE actions described herein. The CIF grant enabled the return of the trusted public participation vehicle, the SSFL Work Group, which attracted capacity crowds who were able to learn about the contamination that would be left on site if the cleanup agreements were not upheld. DOE had participated in the SSFL Work Group since its inception, but has now stopped attending virtually any public meeting where it could be held to account for its actions. Regardless of DOE’s motivation to abrogate its agreement with NMCF, it is very troubling that the DOE made this decision while simultaneously funding an organization that opposes a cleanup agreement that the DOE has been strongly signaling it wants to break. DOE broke its commitment to provide its funding for community groups near contaminated sites through an independent mechanism and hands-off procedures that assured DOE would not do precisely what it has now done—fund a front group to lobby on DOE’s behalf to get out of its cleanup obligations.

It is difficult to overstate just what is at stake for communities near SSFL right now. Decades of nuclear and aerospace activities at SSFL have left a legacy of dangerous nuclear and chemical contamination that continues to migrate from the site to offsite populations. Federal studies have shown an increase in cancers associated with proximity to the site. In 2010, after decades of attempts to achieve full cleanup, the historic AOCs were signed. As a result, $41.5 million dollars were spent for a US EPA survey that identified background radiation and found nearly 500 samples, in just one area of SSFL, that were above background, in some cases dramatically so. The community eagerly anticipated full cleanup, which the AOC stipulated would be complete by 2017.

We are now just months away from 2017, but cleanup has yet to begin. Indeed, DOE’s draft EIS – which a court ordered a decade ago and was due to be published years ago – is not yet released. Community members have feared that DOE’s EIS would be a full-bodied attack on the very cleanup agreement DOE had sworn to carry out, and wondered if the EIS was being delayed so as to not come out until after Senator Boxer leaves office and can no longer take action to insist DOE live up to the promises made. This suspicion has only increased given the timing of the announcement that DOE is the CAG’s secret benefactor, and that the reason for the secrecy was to avoid attention from Boxer. The community is appalled and angry, and deserves to know the full details of DOE’s arrangement with the SSFL CAG.

Below please find background information and documentation on these matters, followed by a series of pressing questions. I request that DOE provide answers to the questions, as well as a copy of the SSFL CAG Foundation’s grant application/proposal to the DOE and its DOE grant/contract, as well as any grant report, immediately. If there has been more than one grant to the CAG, provide information about each. The community has the right to know about the intent, character, and tactics of the agency that holds their potential health and well being in its hands. And elected officials, many of whom have been lobbied by the CAG to weaken the cleanup, must be informed about financial contributions that DOE is making to this group to influence them and help it break out the cleanup agreements. DOE funding a front group to lobby elected officials to push them to support DOE breaking its cleanup agreements would be an outrage.

Background and Documentation

The SSFL CAG was formed in 2012 over the objections of longtime community members and local elected officials. (See community petition here and letter from elected officials Julia Brownley, Fran Pavley, Shelia Kuehl, Linda Parks, and Greig Smith opposing formation of the CAG and supporting instead the longstanding SSFL Work Group here.) The CAG is widely perceived as a front group for the polluters that does not represent the interests of the community, because it is opposes the cleanup agreements that are overwhelming supported by the community. All but a handful of the 3,700 comments submitted on the AOC were in favor of the agreement. Last year over 1,600 signed a petition urging that the cleanup agreements be upheld. (See petition here.) Yet every member of the CAG opposes the AOCs, despite the requirements that a CAG represent the range of community perspectives.

The CAG’s leadership is composed of individuals who are former employees or contractors of the parties responsible for cleaning up the site (Boeing, DOE, and NASA.). Alec Uzemeck worked for Boeing’s predecessor, North American Aviation, at its then-headquarters in Downey for which the Santa Susana site was the field lab. Brian Sujata was Boeing’s project manager for SSFL cleanup, while Boeing was DOE’s contractor for the cleanup. Ross Berman worked for both Tetra Tech and CH2M Hill, contractors for the responsible parties. And Abe Weizberg was an official at SSFL, in charge of safety for the SNAP reactors, one of which experienced 80% fuel damage in an accident. Weitzberg remains a consultant for the DOE.

Since its founding, the SSFL CAG has undertaken a multi-faceted campaign aimed at undoing the SSFL cleanup agreements. This includes exaggerating cleanup soil volumes and truck traffic and claiming that the cleanup will harm the site’s natural environment and Native American artifacts (which are in fact protected by the AOC.) The CAG also attempts to minimize the contamination at SSFL and health impacts. Last year,  CAG member and former SSFL official Weitzberg launched an effort to have the Agency for Toxic Substances and Disease Registry (ATSDR) refute prior health studies and weigh in against the cleanup. In the process, he maligned the authors of those studies, who expressed their objections in an article published in the Ventura County Star here. The CAG has also made a habit of regularly and publicly disparaging longtime community members and cleanup advocates. Whereas meetings of the longstanding SSFL Work Group are packed with concerned members of the public and representatives of elected officials, very few attend CAG meetings. The last meeting had only half a dozen CAG members and a roughly equal number of the public, most of whom were critics of the CAG’s biases and actions.

On August 19, 2015, CAG member Alec Uzemeck announced at an SSFL CAG meeting that the CAG would be receiving a $32,000 – $35,000 donation from a donor who wished to be anonymous. The minutes from the meeting (which can be viewed here) state that the CAG established a non-profit foundation, “…in response to the gift from a donor who wishes to remain anonymous.” The CAG leadership was so secretive about the donor’s identify that it refused to inform the full CAG membership, causing one CAG member to resign, as reflected in the minutes, ” As a result of the fact that the donor is anonymous, Elizabeth Harris has resigned from the CAG…”  At the meeting, Uzemeck repeatedly said that the donation had “no strings,” and of the gift said, “Why is it anonymous at this point? Because everything we do is politically charged. We have people out there who make phone calls. And if you’re the executive of a corporation and you get a call from Barbara Boxer, I’m quite sure that that’s going to have an impact on it. But, we don’t want that.” (See video here.)

In December 2015 and in May 2016, cleanup advocates and community members complained to the DTSC Independent Review Panel (IRP), established by the California legislature to investigate DTSC’s many failings, about the CAG’s anonymous funding and conduct (see paragraphs 4 -6 on page 2 of the IRP’s May 12, 2016 minutes here.)

Finally, at an SSFL CAG meeting on August 17, 2016, nearly a year after announcing the funding and the donor’s request that its identity be kept secret so as to keep Senator Boxer in the dark, Uzemeck announced, “DOE will be coming out with a quarterly report, probably in two or three weeks. And it will have a list of grants on the last page. And DOE is the one that made the grant for us. They are the one who supplied the funding. So, the question’s been answered.” A recording of Uzemeck’s statement can be viewed here.

The SSFL CAG’s tax returns, which can be viewed here, show that the organization received $38,600 in 2015.

Questions for the Department of Energy

1. Did DOE, as reflected in the CAG’s minutes, suggest to the SSFL CAG to form a non-profit foundation so that it could provide funding to the CAG?

2. When did DOE begin discussing funding the CAG? When did it actually make the contribution, and what was the amount of the gift?  Has there been more than one?

3. What is the stated purpose of the grant? What will/have grant funds be expended on?

4. Under what category of funding was this grant made? Was it made from the DOE Office of Environmental Management, the same office that reneged on its commitment to NMCF?

5. CAG member Alec Uzemeck repeatedly stated that the grant had “no strings.” Does the DOE grant have any restrictions? Is lobbying prohibited? Is the CAG required to submit a report on its activities? Will it be invited to reapply for funding again this year?

6. Why did DOE request that its gift to the CAG be anonymous? Did the DOE tell the CAG, as expressed by Alec Uzemeck, verbally or in writing, that it wanted its gift secret, at least for a time, because it wanted to avoid repercussions from Senator Barbara Boxer?

7. How does the DOE reconcile public statements that it will uphold the AOC at the same time that it is funding a group that overtly works to destroy the AOC?

8. Did DOE’s animosity toward the Santa Susana cleanup agreement, and its displeasure at CIF funding PSR-LA and the SSFL Work Group, cause it to cancel the last year of its funding to NMCF, and thus cost over a dozen community groups throughout the United States to lose funding?

9.  Did DOE consult with elected officials historically concerned about SSFL cleanup as to whether the grant should be given to the CAG and whether it was a legitimate group representing the community?  Why did DOE ignore the opposition to the CAG expressed, in writing, by the electeds?

10.  Why did DOE not publicly solicit grant applications instead of secretly arranging to give the money to the CAG?  Why did DOE not solicit a grant application from the longstanding SSFL Work Group established by the electeds, which supports the cleanup agreements DOE is supposedly sworn to uphold?  Given that very few people attend CAG meetings, and the Work Group meetings are often standing-room only, why did DOE secretly fund the CAG, without a competitive grant application process, and not solicit an application from SSFL the Work Group?

Again, in addition, I request that DOE provide a copy of the SSFL CAG Foundation’s grant application or proposal to DOE, as well as the DOE-SSFL CAG grant contract or agreement, immediately.

Sincerely,

Denise Duffield
Coordinator, SSFL Work Group
and
Associate Director, Physicians for Social Responsibility-Los Angeles

cc:  Senator Barbara Boxer
Congresswoman Julia Brownley
California Senator Fran Pavley
LA County Supervisor Sheila Kuehl
Ventura County Supervisor Linda Parks
LA City Councilmember Mitch Englander
DTSC Director Barbara Lee
DTSC IRP Chair Gideon Kracov

 

LANL Estimate of $2.9 Billion for “Remaining” Cleanup Leaves Nuclear & Toxic Wastes Behind and Kills Needed Jobs

 

For immediate release July 28, 2016

 

LANL Estimate of $2.9 Billion for “Remaining” Cleanup

Leaves Nuclear & Toxic Wastes Behind and Kills Needed Jobs

 

Santa Fe, NM – The Department of Energy (DOE) has announced that the cost of “Remaining Legacy Cleanup” of radioactive and toxic wastes from more than 70 years of nuclear weapons research and production at the Los Alamos National Laboratory (LANL) will cost $2.9 billion through fiscal year 2035, averaging $153 million per year.

That cost estimate clearly assumes that the Lab’s major radioactive and toxic wastes dumps will not be cleaned up. Instead they will be “capped and covered,” leaving some 200,000 cubic yards of radioactive and toxic wastes at Area G, its largest waste dump. Those wastes sit in unlined pits and trenches, 800 feet above groundwater and three miles uphill from the Rio Grande (plutonium contaminants have been detected 200 feet below Area G). During this same period of time the Lab’s nuclear weapons programs that caused the mess to begin with will cost ten times as much, even before expected funding increases for expanded production of plutonium bomb core “pits” and increasingly aggressive “Life Extension Programs” that give existing nuclear weapons new military capabilities.

DOE’s announcement also pegs the cost of past cleanup at LANL at $3.2 billion to date, raising the question of what has been and will be accomplished with precious taxpayer dollars. The answer is not much for the money. According to DOE’s own data, for the next couple of years only around a sixth of LANL’s “cleanup” funding will actually go to cleanup. Approximately one-third will be used to catch up on worker pensions and another third to babysit improperly treated radioactive waste barrels, one of which ruptured and closed the multi-billion dollar Waste Isolation Pilot Plant. More than half of the remaining one-third for real cleanup goes to LANL’s notoriously high overhead.

DOE’s cost estimate for future LANL cleanup assumes flat funding out to FY 2035, and notes how that cost is “Aligned to [the] 2016 Consent Order.” Despite repeated requests, DOE refused to estimate cleanup costs at LANL until a new Consent Order was finalized with the New Mexico Environment Department (NMED).  Both agencies recently signed it, creating a giant loophole in which the Lab can claim that cleanup is too expensive or impractical to achieve. This is the exact opposite of the original 2005 Consent Order, whose underlying intent was to make DOE and LANL ask Congress for additional cleanup funding. Subsequently, funding for LANL cleanup has fallen from $224 million in FY 2014 to $189 million requested for FY 2017.

Under the Gov. Martinez Administration, NMED Secretary Ryan Flynn granted more than 150 milestone extensions to the 2005 Consent Order at the Lab’s request and then claimed that the old Consent Order did not work. Nuclear Watch New Mexico has filed suit against DOE and LANL for missing compliance milestones under the original Consent Order, with potential fines of more than $300 million. NMED explicitly absolves those violations and fines through the new Consent Order and has intervened in the lawsuit against NukeWatch. This raises the question of whose side the Environment Department is on, the environment or the polluter (in this case, a $2.3 billion per year nuclear weapons facility)?

DOE and NMED kill the chance for serious job creation at the Los Alamos Lab with a deceptive plan for so-called cleanup that leaves tons of radioactive and toxic wastes in the ground that will permanently threaten northern New Mexico’s precious water resources. In addition to the environmental and safety threats and contamination, nuclear weapons programs are not big producers of new jobs. For example, the environmental impact statement for a planned $6.5 billion plutonium facility for expanded nuclear weapons production explicitly stated that not one new Lab job would be created because it would merely relocate existing jobs. In contrast, a LANL study of full cleanup of Area G assumed that around 40% of the total cost would go to labor. Thus, as a rough approximation, for every additional billion dollars put into cleanup, another 3,000 years of cleanup work could be created for one hypothetical worker (in other words, hundreds of high paying jobs for the regional economy).

Jay Coghlan, NukeWatch Director, commented, “The Department of Energy and the New Mexico Environment Department deal New Mexicans a bad hand by pushing a plan that blocks genuine cleanup at the Los Alamos Lab. We need real cleanup that protects our precious water resources for future generations, not more nuclear bombs that cause the mess to begin with.”

#  #  #

DOE’s presentation on its cost estimate for future LANL cleanup is available at

http://nukewatch.org/importantdocs/resources/EMLA_Los_ALamos_LCB_Estimate_NNMCAB_Presentation_07272016.pdf

Nuclear Watch NM Amends LANL Cleanup Lawsuit – Claims New Consent Order To Be Invalid

Nuclear Watch NM Amends LANL Cleanup Lawsuit – Claims New Consent Order To Be Invalid

Nuclear Watch New Mexico has amended its federal lawsuit against the Department of Energy (DOE) and Los Alamos National Security, LLC (LANS) that alleges twelve violations of a 2005 Consent Order governing cleanup at the Los Alamos National Laboratory (LANL). Those violations could result in potential penalties of more than $300 million dollars that would go to the state, if only the New Mexico Environment Department (NMED) were to enforce them.

Nuclear Watch now asks the court to declare the new 2016 Consent Order to be invalid because the requirement for the opportunity of a public hearing was not met.

NMED intervened in the case on June 23, 2016. The next day, NMED and DOE signed the 2016 Consent Order after a 60-day comment period, during which over 40 citizens, nonprofit organizations, public officials, and two Pueblos provided comments. Lack of enforceability and lack of concrete long-term schedules were common major foci of the comments. Despite that, “No change” without any further explanation was NMED’s overwhelming response to specific public comments as the two agencies moved from the draft to final Consent Order.

The finalized new Consent Order surrenders enforceability by creating a giant loophole where DOE and LANL can avoid cleanup by claiming that it is either too expensive or impractical. This is clearly the opposite of what is needed, when nuclear weapons research and production programs that caused the mess to begin with are receiving increased taxpayer funding, while cleanup programs are being cut.

In addition, NMED’s new Consent Order explicitly absolves DOE and LANS of past violations. In response, Nuclear Watch has added to its lawsuit this request for declaratory judgment by the court that DOE and NMED violated the public’s right for the opportunity of a formal hearing, explicitly required by the 2005 Consent Order.

Scott Kovac, NukeWatch Research Director, noted, “We will not let the public’s right for cleanup at the Los Alamos Lab be papered over by DOE and NMED. Both agencies agreed to all parts of the 2005 Consent Order, which included rigorous public participation requirements and a detailed the cleanup schedule, including a final compliance date. We will continue to push for the public to have a true voice in these important matters. ”

The New Mexico Environmental Law Center and Attorney John E. Stroud are representing NukeWatch in this legal action to enforce timely cleanup at LANL.

###

 

Nuclear Watch New Mexico’s 1st amended complaint is available here

NMED’s Final Consent Order and the “response” to comments matrix are available here

Nuclear Watch New Mexico’s original lawsuit complaint is available here

Our May 5, 2016 second notice of intent to sue (which is a good summary of our complaint) is available here

Our January 20, 2016 notice of intent to sue is available here

 

 

 

NM Environment Dept Finalizes Consent Order on Los Alamos Lab Cleanup Surrenders Enforcement to Nuclear Weaponeers

NM Environment Dept Finalizes Consent Order

on Los Alamos Lab Cleanup

Surrenders Enforcement to Nuclear Weaponeers

 

Santa Fe, NM – In a classic move to avoid publicity, the New Mexico Environment Department (NMED) announced late Friday afternoon June 24 that it had finalized a new “Consent Order” to replace a 2005 Order governing cleanup at the Los Alamos National Laboratory (LANL). The Environment Department’s brief press release headlined “Agreement Focuses on Cleanup & Supporting Stronger Federal Funding Requests.” This is doublespeak, as the new Consent Order is a giveaway to the Department of Energy and the Lab, surrendering the strong enforceability of the old Consent Order. The new Order is also clearly the opposite of the old Consent Order, whose underlying intent was to make DOE and LANL get more money from Congress for accelerated cleanup. In contrast, the new Consent Order allows them to get out of future cleanup by simply claiming that it’s too expensive or impractical to clean up.

The nuclear weaponeers are now openly talking about the “The Second Nuclear Age” before cleaning up form the first nuclear age. They are actively seeking to expand nuclear weapons production that caused the widespread contamination to begin with, particularly plutonium pit production at LANL.

Jay Coghlan, Nuclear Watch New Mexico Director, commented, “The nuclear weaponeers plan 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. Real cleanup would be a win-win for New Mexicans, permanently protecting our water and environment while creating hundreds of high paying jobs. But yet the Environment Department fails New Mexicans by failing to enforce cleanup at Los Alamos.”

When NMED Secretary Ryan Flynn announced a draft new Consent Order on March 30, he claimed that the old Consent Order did not work. Nuclear Watch agrees, but that’s because Secretary Flynn granted more than 150 compliance milestone extensions at the Lab’s request, effectively eviscerating the old Consent Order. While finalizing the new Consent Order NMED ignored the explicit public participation requirements of the old Order, which among other things requires a public hearing on major modifications. Instead, NMED rammed through the final Consent Order, largely brushing aside the formal comments of some 40 concerned citizens and the Santa Clara Pueblo.

LANL is key to the trillion dollar rebuilding of nuclear forces as the premier nuclear weapons design lab and the nation’s sole production site for plutonium pit triggers, the most critical nuclear weapons components. Funding for Department of Energy (DOE) nuclear weapons programs is nearly double historic Cold War averages, with around $1.5 billion spent annually at LANL alone. In contrast, funding for Lab cleanup has been cut to $189 million for FY 2017 (down from $225 million in FY 2014), with only approximately a third going to actual cleanup (one-third goes to pensions and another third to safeguard improperly treated radioactive waste barrels, one of which ruptured and closed the multi-billion dollar Waste Isolation Pilot Plant).

The original 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. Instead, 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.

 

A few of the serious deficiencies of the new Consent Order are:

[Quotes are from the new Consent Order followed by page numbers]

• “The Parties agree that DOE’s project’s plans and tools will be used to identify proposed milestones and targets.” P. 28. “DOE shall define the use of screening levels and cleanup levels at a site…”  P. 32. This puts the Department of Energy in the driver’s seat, not the New Mexico Environment Department.

• “DOE shall update the milestones and targets in Appendix B on an annual basis, accounting for such factors as… changes in anticipated funding levels.” P. 29. Therefore the new Consent Order will be held hostage to DOE’s budget, which recently cut LANL’s cleanup funding.

• “… [DOE and NMED] shall meet to discuss the appropriation and any necessary revision to the forecast, e.g. DOE did not receive adequate appropriations from Congress…” P. 30. Again, the new Consent Order and therefore cleanup at LANL will be held hostage to DOE funding, when DOE’s own track record makes clear that its priority is expanded nuclear weapons production paid for in part by cutting cleanup and nonproliferation programs.

• “If attainment of established cleanup objectives is demonstrated to be technically infeasible, DOE may perform risk-based alternative cleanup objectives…” P. 34. DOE can opt out because of “impracticability” or cost of cleanup. P. 35. This creates giant loopholes that threaten comprehensive cleanup at LANL.

• The new draft Consent Order explicitly states that public participation requirements do NOT apply to future modifications of the Order. P. 25. This is the opposite of what the original Consent Order required, which made a point of incorporating the public process requirements of federal environmental law. Nuclear Watch New Mexico maintains that full public participation requirements apply to the new Consent Order as well, including its very formulation as a major modification of the old Consent Order. That full public participation process requires a public hearing if there are unresolved issues, which NMED has rejected, a position that may be of questionable legality.

 

On May 12, 2016, Nuclear Watch New Mexico filed a lawsuit against LANL and DOE for failing to meet compliance milestones in the old Consent Order. These violations incur around $300 million dollars in potential penalties, which NMED shows no sign of enforcing. To the contrary, NMED has filed a motion to intervene against Nuclear Watch New Mexico in its lawsuit, raising the question of whose side the Environment Department is on, the environment or the polluter (in this case a for-profit nuclear weapons lab)?

Moreover, when Nuclear Watch NM filed a notice of intent to sue on January 21, NMED Secretary Flynn sought to intimidate our lawyers by declaring “If a suit is filed, and the Environment Department becomes involved, we would insist on collecting any and all labor and legal costs from the (New Mexico Environmental Law Center) to reimburse New Mexico’s taxpayers for the costs resulting from this groundless and frivolous action.”

Far from being a frivolous action, Nuclear Watch and the New Mexico Environmental Law Center seek to compel full and genuine environmental restoration at the Los Alamos Lab, which the new Consent Order blocks by giving the nuclear weaponeers giant loopholes to avoid cleanup.

 

#  #  #

NMED’s June 24 press release and the new Consent Order are available here

Public comment on the draft Consent Order (including Nuclear Watch NM and Santa Clara Pueblo) is available here

Nuclear Watch New Mexico’s lawsuit complaint, filed May 12, 2016, is available here

  • Our complaint alleged twelve counts of milestone compliance violations where NMED did not grant extensions. At that time we calculated 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 here

Our January 20, 2016 notice of intent to sue is available here

NMED Secretary Flynn’s quote is from “Nuclear Watch to sue over LANL cleanup problems”, Mark Oswald, Albuquerque Journal, January 21, 2016, is here.

 

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

Sign the Petition – No Loopholes, No Excuses – Full Cleanup at Los Alamos!

Dear Friends,

Thanks to those who made it to the meeting last night!

 

NukeWatch has a new petition –

The New Mexico Environment Department (NMED) has issued a proposed new “Consent Order” governing cleanup at the Los Alamos National Laboratory, the birthplace of nuclear weapons.

We demand NMED close the giant loophole in the proposed Consent Order that would allow Los Alamos Lab and DOE to get out of cleanup by simply saying that they don’t have enough money.

And we demand NMED hold a public hearing on the proposed Consent Order, given the intense public interest in cleaning up the Lab.

For more info –

https://www.change.org/p/kathryn-roberts-no-excuses-no-loopholes-full-cleanup-at-los-alamos-lab

AND WE HAVE EXPANDED OUR SAMPLE COMMENTS FOR YOU TO USE AS YOU SEE FIT

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

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-

Click to access 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

 

Scroll to top