DOE Repeatedly Asks Safety Board for Time Extensions, Los Alamos Lab Asked for >150 Cleanup Milestone Extensions, But During Pandemic NNSA Rejects NM Senators’ Request for Extension of Public Comment on Plutonium Bomb Core Production

DOE Repeatedly Asks Safety Board for Time Extensions
Los Alamos National Laboratory’s Radiological Laboratory Utility Office Building (Source: Los Alamos National Laboratory)

Lisa Gordon-Hagerty, head of the National Nuclear Security Administration (NNSA), has rejected a request by New Mexico Senators Tom Udall and Martin Heinrich to extend the public comment period on expanded plutonium “pit” bomb core production because of the COVID-19 pandemic. In contrast, even in normal times NNSA and its parent Department of Energy routinely ask other government agencies for major time extensions when it comes to cleanup and independent oversight.

The two Senators requested a 45 day comment period extension on behalf of more than 120 organizations and individuals. Before that, Tom Udall and Martin Heinrich were among 24 Senators who asked the Office of Management and Budget to extend all federal public comment periods during the coronavirus national emergency.

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Letter With >120 Group & Individual Sign-Ons Asks Udall and Heinrich to Extend Public Comment Period on Los Alamos Lab Plutonium Bomb Core Production

Letter With >120 Group & Individual Sign-Ons Asks Udall and Heinrich to Extend Public Comment Period on Los Alamos Lab Plutonium Bomb Core Production

Today, on behalf of more than 120 groups and individuals, Nuclear Watch New Mexico sent a letter to New Mexico Senators Tom Udall and Martin Heinrich. It asks them to act upon their own words and demand that the public comment period be extended for plutonium “pit” bomb core production that the National Nuclear Security Administration (NNSA) is fast tracking during the coronavirus epidemic. As sitting members of the Senate Appropriations and Armed Services Committees, Udall and Heinrich are in strong positions to make that demand of NNSA.

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DOE Ignores COVID-19 Threat, Diverts Resources to Planning for Nuclear War by Releasing Draft Environmental Study on SRS Plutonium Bomb Plant

Today, in the middle of the growing coronavirus pandemic, the U.S. Department of Energy ignored the real national crisis and irresponsibly shifted its focus to planning for nuclear war, revealing plans to construct a Plutonium Bomb Plant (PBP) at the Savannah River Site (SRS) in South Carolina.

DOE’s semi-autonomous National Nuclear Security Administration (NNSA) today formally released the Draft Environmental Impact Statement for Plutonium Pit Production at the Savannah River Site in South Carolina, whose proposed action is to establish the production of plutonium “pits” (nuclear warhead cores) at SRS at a rate of up to 125 pits per year, with at least 50 pits per year by 2030 as the stated objective for now.

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LANL Plans to Release Up To ~100,000 Curies of Radioactive Gas

Santa Fe, NM – On March 11, the Los Alamos National Laboratory (LANL) sent the federal Environmental Protection Agency a formal notice that the Lab will intentionally release up to some 100,000 curies of tritium, a radioactive isotope of hydrogen gas, beginning April 17, 2020. 

An internal Lab document states that actual “anticipated emissions” could be half that because of tritium remaining behind in equipment but offers no documentation to substantiate it. During the 1980’s LANL arbitrarily used a self-declared “building shielding factor” not approved by the EPA that reduced its legally required annual calculated radioactive air dose to the public by a third. When that reduction was disallowed LANL was in fact in legal violation of the Clean Air Act. With that as an example, undocumented reductions in radioactive doses claimed by LANL should be viewed with suspicion.

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Energy Dept. Nearly Triples Funding for Plutonium Pit Production, Cuts Cleanup in Half – But Refuses to Complete New Env. Impact Statement for Los Alamos Lab

The 2011 Las Conchas fire threatened the Los Alamos National Laboratory. CREDIT: Brian Klieson.

Santa Fe, NM – Today the Department of Energy’s semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA), announced that it will not complete a new site-wide environmental impact statement for the Los Alamos National Laboratory (LANL). The last site-wide environmental impact statement was in 2008.

Since that time a catastrophic wildfire burned to the western boundary of the Lab (likely to occur more frequently with climate change); an exploding radioactive waste drum improperly prepared by LANL shut down the Waste Isolation Pilot Plant for three years, costing taxpayers ~$3 billion to reopen; the full extent and depth of a hexavalent chromium plume contaminating the regional groundwater is still not fully determined; and LANL’s long track record of chronic nuclear safety incidences remain unresolved.

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LANL Budget Increased by Nearly $1 Billion to Accelerate Work As Production Site for Nuclear Weapons Designs by Livermore Lab Cleanup Cut by 46%

LANL Budget Increased by Nearly $1 Billion to Accelerate Work As Production Site for Nuclear Weapons Designs by Livermore Lab Cleanup Cut by 46%
Soil and groundwater contamination was discovered at the LLNL Livermore Site and Site 300 in the 1980s. This contamination resulted from early research activities

Santa Fe, NM – The Trump Administration has released more budget details for its proposed Fiscal Year 2021 federal budget for the Department of Energy and its semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA). The Los Alamos National Laboratory (LANL) is slated to receive nearly a one billion dollar increase for its nuclear weapons programs (up 48%), overwhelmingly for new production. At the same time cleanup, whose need is caused by nuclear weapons production, is cut by 46%.

Significantly, LANL’s FY 2021 budget for design work of nuclear weapons stayed flat after falling by 28% from FY 2018 to FY 2019. Meanwhile, funding for nuclear weapons design work at the Lawrence Livermore National Laboratory more than doubled from FY 2019 to FY 2021.

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

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

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

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

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Los Alamos Lab Cleanup Cut By 46%, Nuclear Weapons “Production Modernization” Jumps 57%

FOR IMMEDIATE RELEASE, February 12, 2020

Contact:   Jay Coghlan, Nuclear Watch NM, 505.989.7342, jay[at]nukewatch.org

Santa Fe, NM – The Trump Administration has released more budget information for fiscal year 2021 for the Department of Energy (DOE). * It states that proposed cleanup at the Los Alamos Lab is “Consistent with the priorities established with the New Mexico Environment Department in the 2016 Consent Order…” It then goes on to cut LANL cleanup by $100 million from $220 million in FY 2020 to $120 million requested for FY 2021. (Pages 52 and 55)

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Trump’s FY 2021 DOE Nuclear Weapons Budget Sets Post-Cold War High – New Nuclear Warhead Is Planned

Donald Trump Photo illustration by Slate. Photos by CUTWORLD/iStock/Getty Images Plus and Jack Hill—WPA Pool/Getty Images.

Today the Trump Administration released topline budget numbers for fiscal year 2021 for the Department of Energy (DOE). This includes DOE’s semi-autonomous National Nuclear Security Administration (NNSA), whose nuclear weapons programs are slated to receive the highest amount of taxpayer dollars since the Cold War ended nearly 30 years ago.

This year 2020 marks the 75th anniversaries of the atomic bombings of Hiroshima and Nagasaki and the 50th anniversary of the Non-proliferation Treaty (NPT), which is commonly regarded as the cornerstone of international nuclear weapons nonproliferation. The NPT required the established nuclear powers to enter into serious negotiations leading to global nuclear disarmament, which they ignored. 2020 also marks the third anniversary of a nuclear weapons ban treaty that needs only 16 more nations to ratify before it goes into effect. The U.S. and other nuclear weapons powers vigorously oppose that ban treaty even as their “modernization” programs are fueling a new nuclear arms race and international arms control is collapsing.

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LANL Busted For Losing Control of Controlled Substances

In a recent report, the Department Of Energy’s Office of Inspector General (IG) found issues with the way Los Alamos National Laboratory (LANL) keeps track of controlled substances such as cocaine, fentanyl, and methamphetamine. The IG found that LANL staff had not managed controlled substances in accordance with applicable Federal laws and regulations.

The IG also found that LANL staff had mislabeled procurement records of these drugs, kept inaccurate inventories, and retained controlled substances well beyond the conclusion of experiments. The IG determined that Los Alamos did not have appropriate “processes, procedures, or controls in place to monitor, track, account for, and dispose of controlled substances.”

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

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

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

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

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Lack Of Safety And Health Priorities Continue To Plague Los Alamos Beryllium Program

A new assessment finds that Department of Energy (DOE) is not conducting effective oversight of the Los Alamos National Laboratory (LANL) beryllium program, or of safety and health programs in general. In addition, DOE is not maintaining sufficient technical capability and knowledge of site and contractor activities to make informed decisions about hazards and risks. DOE indicated the lack of sufficient safety and health resources has presented a challenge to achieving effective oversight in this area.

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Lab Claims of Tremendous Progress Need Second Look

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

Comments to the Northern NM Citizens’ Advisory Board

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

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

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Editorial: LANL leaders must make safety the lab’s top mission

Falling short of the bare minimum in the eyes of the DOE is a far cry from where the public expects or needs LANL to be.

The Albuquerque Journal Editorial Board has a great editorial except for this part – 

Because LANL is home to some of the best and brightest in the nuclear industry. It is the home of the Manhattan Project. And its future is important not only to the prosperity of our state, but also to our national security.

Forum on June 14 in Aiken, SC on Expanded Production of Plutonium “Pits” for Nuclear Weapons

Forum on June 14 in Aiken, SC on Expanded Production of Plutonium “Pits” – for Nuclear Weapons – to Give Voice to Concerns in Face of DOE’s Failure to Engage and Inform the Public about the Risky Proposal

Columbia, SC– The controversial proposal by the U.S. Department of Energy to expand production of plutonium “pits”- the core of all nuclear weapons – will be the subject of a public forum in Aiken, South Carolina on Friday, June 14, 2019.  The event is free and open to all members of the public.

In response to DOE’s lack of public engagement about the proposal and its potential environmental and health impacts, three public interest groups that work on DOE and nuclear weapons issues have taken the initiative on the matter. The questionable proposal by DOE’s National Nuclear Security Administration is to expand pit production at the Savannah River Site into the shuttered MOX plant – a totally new and unproven mission for SRS – and at the Los Alamos National Lab to 80 or more pits per year.  Such pit production for new and “refurbished” nuclear weapons may help stimulate a new nuclear arms race. The vague proposal is far from finalized and is unauthorized and unfunded by Congress.

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A Tale of Two Consent Orders and What Is Needed

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

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LANL Regional Coalition Faces More Opposition

The Regional Coalition of LANL Communities (RCLC) is facing scrutiny from several directions lately. The Department of Energy (DOE) Inspector General is conducting an investigation. Two members of the Santa Fe Board of County Commissioners abstained from a vote on new RCLC financial controls because the commissioners opposed blindly supporting LANL’s mission, which is 70% nuclear weapons work. And  SF New Mexican columnist 

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Trump’s 2020 Nuclear Weapons Budget Escalates New Arms Race

DOE logo
DOE logo

Posted By Scott Kovac

Santa Fe, NM – Today the Trump Administration released more budget details for the Department of Energy and its semi-autonomous National Nuclear Security Administration’s nuclear weapons programs for fiscal year 2020. This same fiscal year will also mark the 75th anniversaries of the atomic bombings of Hiroshima and Nagasaki.

Global Nuclear Weapons Threats Are Rising

More than 25 years after the end of the Cold War, all eight established nuclear weapons powers are “modernizing” their stockpiles. Talks have broken down with North Korea, the new nuclear weapons power. Nuclear-armed India and Pakistan narrowly averted war last month. Russian President Vladmir Putin made new nuclear threats in response to Trump’s announced withdrawal from the Intermediate-Range Nuclear Forces Treaty. This could lead to hair-trigger missile emplacements in the heart of Europe and block extension of the New Strategic Arms Reduction Treaty with Russia. If so, the world will be without any nuclear arms control at all for the first time since 1972.
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Nuclear Weapons Spending at Los Alamos Is 71% of Annual Budget

By Scott Kovac  Los Alamos National Laboratory is first and foremost a nuclear weapons laboratory. The Department of Energy’s annual Congressional Budget Request for fiscal year 2020 shows that 71% of the Lab’s budget will go to nuclear weapons work if Mr. Trump has his way. While cleanup of Cold War wastes would be 7%. And electrical transmission research along with renewable energy and energy efficiency research were slashed to a mere 0.36% of the request for the Lab. As the country goes deeper in debt, we must let go of the old Cold War mentality and invest in our future.

The full Budget Laboratory Tables are Here
Or see our condensed version Here

 

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

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

By Scott Kovac, Operations and Research Director

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

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Plutonium Pit Production NEPA Talking Points

LANL Molten Plutonium for Pit
Molten plutonium in a crucible. 

The National Environmental Policy Act (NEPA) is the landmark environmental law which requires executive agencies to give the public the opportunity to formally review and comment on major federal proposals. These talking points outline the history of the Department of Energy’s NEPA compliance on its various proposals concerning the production of plutonium pits (the fissile cores of nuclear weapons). The conclusion is that DOE’s semi-autonomous National Nuclear Security Administration (NNSA) is legally required to prepare a supplemental programmatic environmental impact statement (PEIS) on its current plan to expand plutonium pit production.

There are at least three reasons why NNSA must complete a supplemental programmatic environmental impact statement for expanded plutonium pit production:
1)    Implementing regulations for the National Environmental Policy Act stipulate that “DOE shall prepare a supplemental EIS if there are substantial changes to the proposal or significant new circumstances or information relevant to environmental concerns…” 10. C.F.R. § 1021.314
2)    As precedence, since 1996 there have been five programmatic environmental impact statements related to pit production and its expansion. It is legally unlikely that NNSA could implement its current plan to expand plutonium pit production without a new supplemental PEIS.
3)    Now that NNSA is planning to produce more than 50 pits per year (or more than 80 pits under multiple shift operations), it is obliged by the 1998 court order to prepare a new PEIS.
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LANL 2018-salary by county

“Preliminary” Research Pushes Economic Impact Boundaries for LANL

While Sandia, LANL, and Journal Statements Leave Many Questions

A January 15 Los Alamos National Laboratory (LANL) press release reviewed preliminary research from the University of New Mexico’s Bureau of Business and Economic Research (BBER). The research claimed that the “average annual total impact on economic output across New Mexico from 2015 to 2017 was $3.1 billion.” This implies that BBER estimates that LANL contributes an average of  $3.1 billion a year to the state’s economy annually.

This $3.1B conclusion is based on unreleased data and pushes the boundaries of accepted economic theory. The authors or the title of the research are not given. No estimate of when the final report of this will be released is given. Is the research even complete? Will the results change? Has it been reviewed?

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

For Immediate Release


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

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

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

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

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

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

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

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

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

See NukeWatch’s Amended Complaint here

See Judge Judith Herrera’s decision here

Contacts:
Jay Coghlan: Nuclear Watch New Mexico
989.7342

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

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