Talking Points: The 2016 LANL Cleanup Consent Order Should Be Rescinded

Why rescind the 2016 Consent Order? 

  • In June 2016 the New Mexico Environment Department (NMED), the Department of Energy (DOE) and Los Alamos National Security, LLC (LANS) signed a revised Consent Order governing cleanup at the Los Alamos National Laboratory (LANL). The new Consent Order is a big step backwards in achieving comprehensive, genuine cleanup at the Lab.
  • NMED should have kept the original, enforceable 2005 Consent Order that it fought so hard for under the Richardson Administration, modified as needed for the cleanup schedule and final compliance date.
  • Under Gov. Martinez, the revised 2016 Consent Order was a giveaway by NMED to DOE and the Lab, surrendering the strong enforceability of the old Consent Order. As documented below, it is clearly the reverse of the 2005 Consent Order, whose underlying goal was to make DOE and LANL get more money from Congress for accelerated cleanup.

The 2016 Consent Order was negotiated to allow DOE’s budget to drive cleanup, not what is needed to permanently protect our water.

  • As late as 1996 LANL was claiming that groundwater contamination from its operations was impossible, even going so far as to request a waiver from NMED from having to monitor for contamination to begin with (which fortunately NMED denied).
  • Since then, extensive groundwater contamination from chromium, perchlorates, high explosives and VOCs has been documented.
  • As a harbinger of more to come, plutonium has been detected up to 240 feet below the surface of Area G, the Lab’s largest waste dump. See https://nukewatch.org/importantdocs/resources/AGCME-Plate_B-3_radionuclides_subsurface.pdf

LANL plans to “cap and cover” some 200,000 cubic meters of toxic and radioactive wastes at Area G, creating a permanent nuclear waste dump in unlined pits and shafts.

  • Despite the threat to precious water resources, the revised 2016 Consent Order allows DOE to determine cleanup priorities based on its anticipated budget, which is the reverse of the original Consent Order.
  • The new Consent Order allows LANL and DOE to get out of future cleanup by simply claiming that it’s too expensive or impractical to clean up. (See CO quotes below.)
  • Shortly after the 2016 Consent Order went into effect, DOE took advantage of it by estimating a lifetime budget that projected a top range of $3.8 billion to clean up the Lab, while delaying completion to 2040. That works out to only around $150 million per year, when NMED is already on record that $250 million per year is needed. DOE is planning “cleanup” on the cheap.
  • Worst of all, DOE claimed that only 5,000 cubic meters of mixed radioactive wastes need to be cleaned up, willfully ignoring the estimated 200,000 cubic meters in Area G alone. See https://nukewatch.org/importantdocs/resources/LBC-Summary-Aug-2016.pdf, p. 3.

Whose interests were represented in the 2016 Consent Order? Not New Mexico’s!

  • Shortly after the 2016 Consent Order went into effect, NMED Secretary Ryan Flynn displayed his true environmental colors by resigning to become the Executive Director of the New Mexico Oil and Gas Association. The Association’s main purpose is to lobby on behalf of the oil and gas industry against environmental regulations.
  • Before joining NMED, Mr. Flynn worked for a law firm that advertises that “Our representation of oil and gas producers, mid-stream entities, and natural gas pipelines has been a mainstay of Modrall Sperling’s natural resources practice since the early days of the firm.” Modrall Sperling has also defended LANL or LANS (LANL’s managing contractor) against environment regulations and labor complaints.
  • In January 2017 Kathryn Roberts, the head of NMED’s Resource Protection Division and lead Consent Order negotiator, announced that she was leaving to work as a public communications specialist for Longenecker and Associates, a DOE contractor. Prior to working at NMED, Ms. Roberts worked at LANL for four years as Group Leader for Regulatory Support and Performance.
  • At Longenecker Ms. Roberts joined Christine Gelles, its Corporate Vice President and Chief Strategy Officer. They know each other well, as Ms. Gelles was the former interim manager of the new DOE Environmental Management field office at the Los Alamos Lab. A Longenecker resume´ notes that Gelles “Led planning and initial regulatory interactions with New Mexico Environment Department negotiation of Los Alamos Consent Order.” She also led initial development of the LANL lifetime budget that will cheat New Mexico out of needed increased cleanup funding. See http://longenecker-associates.com/leadership/
  • During the 2016 Consent Order negotiations, Ms. Roberts was one of Gelles’ main counterparts on the other side of the table as head of NMED’s Resource Protection Division. Now Gelles is one of her superiors at Longenecker, when the DOE contractor could possibly bid in the future on LANL cleanup.
  • Section II.A of the 2016 Consent Order allowed the Lab to “settle any outstanding violations of the 2005 Consent Order.” Existing violations were then waived.
  • NMED pre-emptively surrendered its regulatory and enforcement powers, when the state of New Mexico really needed the money!
  • New Mexico could have collected more than $300 million in stipulated penalties had NMED vigorously enforced the 2005 Consent Order. At the time, New Mexico was facing a budget crisis with a projected $600 million deficit. In effect, NMED gave half of that deficit away to a polluting nuclear weapons site that has an annual budget of ~$2.4 billion and rising.

The 2005 Consent Order was all about the enforceable schedules.

  • 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 stipulated a detailed compliance schedule that the Lab was required to meet. Ironically, the last milestone, due in December 2015, required a report from LANL on how it successfully cleaned up Area G, its largest waste dump.

Under Gov. Martinez, NMED extensions eviscerated the 2005 Consent Order.

  • When NMED Secretary Ryan Flynn announced a draft new Consent Order on March 30, 2016, he publicly claimed that the 2005 Consent Order was not working, hence the need for a new one to replace it.
  • Nuclear Watch agrees that the 2005 Consent Order wasn’t working, but that’s because Flynn granted more than 150 compliance milestone extensions at the Lab’s request, effectively eviscerating it. The 2005 Consent Order was working quite well until Gov. Martinez took office.

Some specific provisions in the 2016 Consent Order that put DOE in the drivers seat.

  • “The Parties agree that DOE’s project’s plans and tools will be used to identify proposed milestones and targets.” See https://www.env.nm.gov/wp-content/uploads/2015/12/LANL_Consent_Order_FINAL.pdf, p. 28.
  • “DOE shall define the use of screening levels and cleanup levels at a site…” Ibid, p. 32.
  • “DOE shall update the milestones and targets in Appendix B on an annual basis, accounting for such factors as… changes in anticipated funding levels.” Ibid, p. 29.
  • “… [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…” Ibid, p. 30.
  • “If attainment of established cleanup objectives is demonstrated to be technically infeasible, DOE may perform risk-based alternative cleanup objectives…” Ibid, p. 34. DOE can opt out because of “impracticability” or cost of cleanup. Ibid, p. 35.
  • Altogether, these put the Department of Energy in the driver’s seat, not the New Mexico Environment Department, and create giant loopholes that threaten comprehensive cleanup at LANL. The 2016 Consent Order and therefore cleanup at LANL will be held hostage to DOE funding, when the Department’s own track record makes clear that its priority is expanded nuclear weapons production paid for in part by cutting cleanup and nonproliferation programs.

All future cleanup does not have cradle to grave enforceable deadlines.

  • Under the 2016 Consent Order, all anticipated cleanup projects do not have scheduled, enforceable cleanup deadlines from the beginning to the end of the project. This will encourage a lack of accountability in LANL cleanup programs that are already slow, incomplete, and wasteful of taxpayers’ dollars.
  • The 2016 Consent Order eliminates all the final deadlines for completing cleanup under the 2005 Consent Order, and replaces them with an open-ended and vague scheduling process, with highly limited enforcement opportunities.
  • The 2005 Consent Order (Section XII) established dozens of detailed 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 were truly enforceable under Section III.G.
  • The 2016 Consent Order abandons the 2005 Consent Order provisions and replaces 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 (i.e., NMED) to select the timing and scope of each “campaign.”
  • “Campaigns” have enforceable cleanup deadlines for only the work scheduled for the current year, when cleanup takes many years. These campaigns are to be negotiated each year between NMED and DOE with no public participation and opportunity to comment on the schedule. To add insult to injury, the annual schedule is determined by funding at DOE’s discretion, rather than the schedule driving the funding, which was the fundamental driver of the 2005 Consent Order.
  • All cleanup projects should have mandatory completion dates scheduled from the beginning, and must be fully enforceable. The 2016 Consent Order miserably fails that test.

The opportunity for a public hearing was not provided.

  • Any extension of a final compliance date (which was December 6, 2015) under the 2005 Consent Order should have been implemented only after the opportunity for public comment and a public hearing, including formal testimony and cross-examination of witnesses.
  • The Environment Department was legally required to follow these public participation requirements that were explicitly incorporated into the 2005 Consent Order, but did not.

Public participation provisions in the 2005 Consent Order were not incorporated into the 2016 Consent Order.

  • The 2016 Consent Order explicitly limits public participation requirements that were incorporated into the 2005 Consent Order.
  • All notices, milestones, targets, annual negotiations, and modifications should have had public review and comment and the opportunity for a public hearing, but did not.

Comprehensive cleanup at LANL would be a win-win for northern New Mexicans, permanently protecting the environment while providing hundreds of high paying jobs.

  • When DOE wants to do something, it lowballs the cost. When DOE doesn’t want to do something, it highballs the cost. LANL has estimated that comprehensive cleanup of Area G would cost $29 billion. Using actual costs of cleaning up smaller dumps, Nuclear Watch has extrapolated that cleanup of Area G would cost $7 to 8 billion. See https://www.nukewatch.org/facts/nwd/Area_G_Comparison_Costs-11-14-12.pdf
  • But of that $29 billion, DOE estimated that labor costs would be $13 billion. Applying that 45% proportion to Nuclear Watch’s estimate, that would be around $3.5 billion in jobs, jobs that northern New Mexico sorely needs.
  • In contrast, the government’s own environmental impact statement for a $6.5 billion nuclear weapons facility for expanded plutonium pit production stated that it would not produce a single new lab job, because it would merely relocate existing lab jobs.
  • Comprehensive cleanup at LANL would be a real job producer!

Expanded Plutonium Pit Production at LANL Will Not Result in Significant Positive Effect On Job Creation and the Regional Economy

Abstract: Expanded production of plutonium pits, the fissile cores of modern thermonuclear weapons, is cynically being justified as a source of job creation. Precise data on employment in plutonium pit production at the Los Alamos National Laboratory (LANL) and the number of additional jobs if expanded is not publicly available to our knowledge. However, the National Nuclear Security Administration’s own documents quoted below explicitly state that expanded pit production would not have any significant positive effect on job creation and the regional economy of northern New Mexico. Further, Nuclear Watch argues that expanded plutonium pit production could actually have negative effect if expanded pit production blocks other economic alternatives such as comprehensive cleanup, which could be the real job producer. Moreover, given LANL’s poor safety and environmental record, expanded plutonium pit production could have a seriously negative economic effect on northern New Mexico in the event of any major accidents or additional contamination.

Final Supplemental Environmental Impact Statement for the Nuclear Facility Portion of the Chemistry and Metallurgy Research Building Replacement Project at Los Alamos National Laboratory, Los Alamos, New Mexico

https://energy.gov/nepa/eis-0350-s1-supplemental-environmental-impact-statement-nuclear-facility-portion-chemistry-and

Bolded emphasis added

Note: The CMRR-Nuclear Facility was the up to $6.5 billion dollar plutonium facility NNSA proposed to build at LANL in direct support of expanded plutonium pit production. The Obama Administration cancelled it in 2012 after costs rose so high. Nevertheless, the 2011 CMRR-Nuclear Facility supplemental environmental impact statement remains the most relevant source of publically available socioeconomic information concerning expanded plutonium pit production that we know of.

Volume 1, p. 2-43, Socioeconomics

Under the Modified CMRR-NF Alternative, an increase in construction-related jobs and businesses in the region surrounding LANL is also expected. Construction employment would be needed over the course of a 9-year construction period under either the Deep or Shallow Excavation Option. Construction employment under either option is projected to peak at about 790 workers, which is expected to generate about 450 indirect jobs in the region. Operation of the Modified CMRR-NF and RLUOB would involve about 550 workers at LANL, with additional workers using the facility on a part-time basis. The personnel working in the Modified CMRR-NF and RLUOB, when fully operational, would relocate from other buildings at LANL, including the existing CMR Building, so an increase in the overall number of workers at LANL is not expected.

Note: The first phase of the Chemistry and Metallurgy Research Replacement Project, the Radiological Laboratory Utility and Office Building (RLUOB), is already built. It is now being retrofitted to handle up to 400 grams of plutonium-239 equivalent instead of the original 8.4 grams. This will greatly increase its special nuclear materials analytical chemistry and materials characterization capabilities in direct support of expanded plutonium pit production.

Under the Continued Use of CMR Building Alternative, about 210 employees would continue to work in the CMR Building until safety concerns force additional reductions in facility operations. In addition, about 140 employees would be employed at RLUOB. A total of about 350 personnel would have their offices relocated to RLUOB. The personnel working in the CMR Building and RLUOB, when fully operational, would not result in an increase in the overall number of workers at LANL.

Pg. 4-12

4.2.9 Socioeconomics

Construction Impacts—Construction of new buildings at TA-55 to house CMR activities would require a peak construction employment level of 300 workers. This level of employment would generate about 852 indirect jobs in the region around LANL. The potential total employment increase of 1,152 direct and indirect jobs represents an approximate 1.3 percent increase in the workforce and would occur over the proposed construction period. This small increase would have little or no noticeable impact on the socioeconomic conditions of the region of influence (ROI).

 Operations Impacts—CMRR Facility operations would require a workforce of approximately 550 workers. As evaluated in the CMRR EIS, this would be an increase of about 340 workers over currently restricted CMR Building operational requirements. Nevertheless, the increase in the number of workers in support of expanded CMRR Facility operations would have little or no noticeable impact on socioeconomic conditions in the LANL ROI (region of influence). New LANL employees hired to support the CMRR Facility would compose a small fraction of the LANL workforce and an even smaller fraction of the regional workforce.

4.3.9 Socioeconomics

Construction Impacts – Deep Excavation Option—Construction of the Modified CMRR-NF under the Deep Excavation Option would require a peak construction employment level of about 790 workers (LANL 2011a:Data Call Tables, 002). This level of employment would generate about 450 indirect jobs in the region around LANL. The potential total peak employment of 1,240 direct and indirect jobs represents an increase in the ROI workforce of approximately 0.8 percent. Direct construction employment would average 420 workers annually over this time, approximately half of the estimated peak employment. The average direct construction employment would result in about 240 indirect jobs in the region around LANL. This total of 660 direct and indirect jobs represents an approximate 0.4 percent increase in the ROI workforce. These small increases would have little or no noticeable impact on the socioeconomic conditions of the ROI.

Pg. 4-54

Chapter 4 – Environmental Consequences

Construction Impacts – Shallow Excavation Option—The impacts under the Shallow Excavation Option from construction of the Modified CMRR-NF would be similar to the Deep Excavation Option. The peak employment number of about 790 construction workers would be the same as under the Deep Excavation Option, and the annual average would be 410 workers over the life of the project. The average direct construction employment would result in about 240 indirect jobs in the region around LANL. This total of 650 direct and indirect jobs represents an approximate 0.4 percent increase in the ROI workforce. Therefore, there would be little or no noticeable impact on the socioeconomic conditions of the ROI.

Operations Impacts—Operations at the Modified CMRR-NF and RLUOB would require a workforce of approximately 550 workers, including workers that would come from other locations at LANL to use the Modified CMRR-NF laboratory capabilities. The number of workers in support of Modified CMRR-NF operations would cause no change to socioeconomic conditions in the LANL four-county ROI (region of influence). Workers assigned to the Modified CMRR-NF and RLUOB would be drawn from existing LANL facilities, including the CMR Building. The number of LANL employees supporting the Modified CMRR-NF and RLUOB operations would represent only a small fraction of the LANL workforce (approximately 13,500 in 2010) and an even smaller fraction of the regional workforce (approximately 165,000 in 2010).

Volume 2, p. 2-13: As discussed in this CMRR-NF SEIS, operation of the new CMRR-NF, if built, is not expected to result in any increase in LANL employment. The people expected to work in the new facility would be transferred from other facilities at LANL where CMR-related activities are currently being accomplished (such as the CMR Building).

– End of NNSA quotes –

Note: The CMRR-Nuclear Facility was expected to cost up to $6.5 billion. It’s pathetic that the largest construction project ever in New Mexico (with the exception of the interstate highways) was going to create no new Lab jobs.

 Comprehensive cleanup at LANL would be a win-win for northern New Mexicans, permanently protecting the environment while providing hundreds of high paying jobs.

  • When DOE wants to do something, it lowballs the cost. When DOE doesn’t want to do something, it highballs the cost. LANL has estimated that comprehensive cleanup of Area G would cost $29 billion. Using actual costs of cleaning up smaller dumps, Nuclear Watch has extrapolated that cleanup of Area G would cost $7 to 8 billion. See https://www.nukewatch.org/facts/nwd/Area_G_Comparison_Costs-11-14-12.pdf
  • But of that $29 billion, DOE estimated that labor costs would be $13 billion. Applying that 45% proportion to Nuclear Watch’s estimate, that would be around $3.5 billion in jobs, jobs that northern New Mexico sorely needs.
  • Comprehensive cleanup could be the real job producer. It has the additional advantage of being more conducive to regional economic development in that more locally based contractors could possibly do the cleanup work, instead nuclear weapons work such as expanded plutonium pit production conducted by huge out-of-state defense contractors such as Bechtel and Lockheed Martin.

Defense Nuclear Facilities Safety Board to advocate for nuclear weaponeers?

From our colleague Don Hancock at the Southwest Research and Information Center:

Two members (Roberson and Santos) of the Defense Nuclear Facilities Safety Board (DNFSB) have gone public over an internal dispute about a Memorandum of Agreement between DNFSB and the National Nuclear Security Administration (NNSA) in which DNFSB staff would be detailed to NNSA so that, among other things, they would be “advocating for and defending NNSA’s FY 2018 budget request.” The internal memo is posted at: https://www.dnfsb.gov/sites/default/files/document/12526/Memo%20from%20Roberson%20and%20Santos%2C%20Objection%20to%20Memorandum%20of%20Agreement%20with%20DOE.NNSA%20.pdf

The memo is dated last Friday (August 11) and the detail would start August 21. Not a good sign that DNFSB is, in part, going from overseeing DOE weapons sites to advocating for NNSA’s budget. – End –

Our comment:

“Nuclear Watch New Mexico strongly objects to this attempt by the National Nuclear Security Administration to compromise the Safety Board. DNFSB has played a vital role in protecting the public from dangerous nuclear weapons activities that have been riddled with safety lapses, incompetence, cost overruns and mismanagement. The Safety Board is commissioned by Congress, not NNSA, and we fully expect the New Mexican congressional delegation to protect the Safety Board’s independence and objectivity.”

NMED claims revised Consent Order is a stronger enforcement tool. Not so!

Rebecca Moss at the New Mexican has another hard charging article on safety lapses at the Los Alamos Lab.  See “Lab might have known dangerous waste was unmarked” at www.santafenewmexican.com/news/local_news/lab-might-have-known-dangerous-waste-was-unmarked/article_19d37b31-219a-5620-954c-a62fa9620d2a.html

If the New Mexico Environment Department is claiming, as this article reports, that its revised Consent Order governing cleanup at the Los Alamos National Laboratory (LANL) is a stronger enforcement tool than the original 2005 Consent Order, then it is being highly disingenuous (to put it politely).

Interested citizens should judge for themselves. The 2016 revised Consent Order is available at http://www.lanl.gov/environment/protection/compliance/order-on-consent.php

The revised Consent Order was a giveaway by NMED to the Department of Energy and the Lab, surrendering the strong enforceability of the old Consent Order. It is 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.

The new Consent Order allows LANL and DOE to get out of future cleanup by simply claiming that it’s too expensive or impractical to clean up. Not long after the revised Consent Order went into effect, DOE took advantage by estimating a lifetime budget that projected a top range of $3.8 billion to clean up the Lab by 2040. That works out to only around $150 million per year, when NMED is already on record that $250 million per year is needed. Most egregious of all, DOE claimed that only 5,000 cubic meters of wastes needed to be cleaned up, purposively misleading the public and politicians by willfully ignoring the ~200,000 cubic meters of radioactive and toxic wastes known to be buried in LANL’s biggest dump alone.

Some of the highlights (or perhaps better put as lowlights) of the revised Consent Order are:

  • “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 is held hostage to DOE’s budget.“… [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.

Given all this, how can NMED claim with a straight face that the 2016 revised Consent Order is a stronger enforcement tool? This is just more of the Martinez administration coddling the nuclear weapons industry in New Mexico. Indeed, NMED had the gall to give LANL more than 150 extensions to the original Consent Order, and then turned around and claimed the Consent Order was not working and replaced it with a toothless tiger. Furthermore, and this is telling, the main Consent Order negotiator for NMED left shortly after it was signed to go work for a DOE contractor!

New Mexicans should demand comprehensive, enforceable cleanup at the Lab, which would be a real win-win, permanently protecting our precious water resources while providing hundreds of high paying jobs.

 

Annual Sackcloth and Ashes Hiroshima Day Peace Vigil at Los Alamos, NM

Annual Sackcloth and Ashes Hiroshima Day Peace Vigil at Los Alamos, NM

Saturday, August 5th, 2017, people will gather at 2:00 p.m. at Ashley Pond Park in Los Alamos, NM for the annual sackcloth and ashes peace vigil to commemorate Hiroshima Day. There will be a quiet walk, then sitting in sackcloth and ashes for 30 minutes, then returning to the park, where friends will reflect together on the current UN movement to outlaw nuclear weapons, with Rev. John Dear and Jay Coghlan of Nukewatch. Bring water, an umbrella and a peace sign.

Every year the Pax Christi NM sponsors this peace vigil commemorating the 1945 bombing of Hiroshima and Nagasaki. “Symbols are very powerful. They bring it all home,” says Father John Dear of Pax Christi New Mexico, the state chapter of an international Catholic peace movement.

Folks slip on sack cloths and carry bags of ashes to depict penitence and conversion to nonviolence, as portrayed in a story from the Book of Jonah in the Bible.

“Jonah used sack cloths and ashes in Nineveh. Two hundred years ago in
Boston, they used tea. Mahatma Gandhi used salt,” Dear says. “With this
symbol, we reclaim an ancient biblical image to show our political and
spiritual opposition to nuclear weapons and the work of Los Alamos.”

For info, contact Bud Ryan at bud@siochainworld.org
Peace

Peace vigil participants in sack cloth line the street, each sitting in front of a small pile of ashes

Los Alamos Nuclear Weapons Activities Reaches 70% Of Annual Budget

Make no doubt about it, Los Alamos National Laboratory is a nuclear weapons research, development, and production facility. In this year’s FY18 Congressional Budget Request:

70% of the Lab’s budget is Nuclear Weapons Activities

11% is for Nuclear Nonproliferation

10% for ‘Work For Others’

8% Cleanup

1% Science

.4% Nuclear Energy

.2% Renewables

LANL Budget Is 70% nuclear weapons activities
Los Alamos National Laboratory
FY 2018 Congressional Budget Request
(In billions of dollars)

This chart and the FY18 LANL Lab tables to back it up are here

New nuclear ‘pit’ production at LANL is unnecessary

From the Albuquerque Journal
New nuclear ‘pit’ production at LANL is unnecessary
By Jay Coghlan
Friday, July 21st, 2017 at 12:02am

SANTA FE, N.M. — The Center for Public Integrity recently published a series of articles on nuclear safety lapses in plutonium pit production at the Los Alamos lab that captured a lot of national attention.

Plutonium pits are the fissile cores of nuclear weapons that initiate the thermonuclear detonation of modern weapons. The articles were largely based on the National Nuclear Security Administration’s annual contractor Performance Evaluation Reports. Those reports are publicly available only because Nuclear Watch New Mexico successfully sued for them in 2012.

The former plutonium pit production site, the Rocky Flats Plant near Denver, was shut down by a 1989 FBI raid investigating environmental crimes. A special grand jury indicted both Department of Energy (DOE) officials and the contractor, but a federal judge quashed the indictments at the urging of the local federal attorney general. It was only by sheer luck that a major plutonium fire on Mother’s Day 1969 didn’t contaminate Denver with highly carcinogenic plutonium.

I specifically recall senior DOE officials promising New Mexicans 20 years ago that serious lessons were learned from Rocky Flats and that re-established plutonium pit production at the Los Alamos National Laboratory (LANL) would always be safe. Since then, the lab has spent billions of taxpayers’ money on plutonium pit production but, as the recent articles document, LANL still can’t do it safely.

As the articles reported, a serious nuclear criticality accident was narrowly averted in July 2011, which resulted in the three-year shutdown of LANL’s main plutonium facility. Nevertheless, according to the fiscal year 2011 LANL Performance Evaluation Report, the lab contractor was paid $50 million in pure profit for that year.

In 2014, a radioactive waste barrel improperly prepared by LANL ruptured underground at the Waste Isolation Pilot Plant (WIPP), shutting down that multi-billion-dollar facility for nearly three years. Radioactive waste disposal at WIPP will remain constrained for years, raising the question of where future LANL bomb-making wastes will go.

Congress has required the Los Alamos lab to quadruple plutonium pit production, regardless of the technical needs of the stockpile. The requirement was drafted by professional staff on the House Armed Services Committee, one of whom was originally from the Sandia nuclear weapons lab.

That the existing stockpile doesn’t need pit production is demonstrated by the fact that none has been scheduled since 2011 when LANL finished up the production run that was stopped when Rocky Flats was shut down.

At NukeWatch’s request, former U.S. Sen. Jeff Bingaman (D-NM) required an independent study of the lifetimes of pits. The expert conclusion was that plutonium pits last at least a century, more than double government estimates (the oldest pits in the stockpile are now around 45 years old). Moreover, there are some 20,000 existing plutonium pits stored at the Pantex Plant near Amarillo, Texas.

Future plutonium pit production is for a new so-called “Interoperable Warhead” that is supposed to function both as a land-based ICBM and a sub-launched nuclear warhead. The nuclear weapons labs are pushing this $13 billion make-work project that the Navy doesn’t want.

Ironically, new-design pits for the Interoperable Warhead may hurt national security because they cannot be tested in a full-scale nuclear weapons test or, alternatively, testing them would have severe international proliferation consequences.

Given all this, why expand plutonium pit production when apparently it can’t be done safely and may decrease, not increase, our national security? One strong reason is the huge contractor profits to be had under the $1 trillion-plus “modernization” of the nuclear weapons stockpile and production complex started under Obama, which Trump promises to expand. Far from just “modernization,” existing nuclear weapons are being given new military capabilities, despite denials at the highest levels of government.

The directors of the Livermore, Sandia and Los Alamos nuclear weapons labs in truth wear two hats – the first as lab directors, the second as presidents of the for-profit limited liability corporations running the labs. This inherent conflict of interest skews U.S. nuclear weapons policy and should be brought to an end.

The New Mexico congressional delegation kowtows to the nuclear weapons industry in our state. I specifically call upon Senators Tom Udall and Martin Heinrich to certify within this calendar year that future plutonium pit production at the Los Alamos Lab will be safe, or otherwise end their support for it.

Jay Coghlan is the director of Nuclear Watch New Mexico.

The pit is in the primary
From pogo.org

NukeWatch provided factual basis for landmark series

The third article in the Center for Public Integrity’s landmark series on safety lapses while contractors profit at the nuclear weapons labs is carried today in the New Mexican at

http://www.santafenewmexican.com/news/local_news/light-penalties-lax-oversight-encourage-weak-safety-culture-at-nuclear/article_f1fe83c0-153b-55aa-a922-9a77ef719235.html

Nuclear Watch New Mexico is proud to have provided the factual basis for this landmark series. Specifically, CPI’s two previous articles explicitly referred to the National Nuclear Security Administration’s (NNSA’s) contractor Performance Evaluation Reports report ten times, while this article overwhelmingly relies on information contained in those reports.

Those Performance Evaluation Reports are available only because NukeWatch successfully sued for them in 2012 (see our complaint at <https://www.nukewatch.org/importantdocs/resources/FOIA-Complaint3-28-12.pdf>). Our lawsuit overcame the government’s argument that the reports were proprietary and that the taxpayer had no right to know how wasteful, unsafe nuclear weapons contractors were paid. NNSA knew its legal position was weak – – we sued on a Wednesday and started getting the Performance Evaluation Report on the following Monday. But it goes to show that citizens must compel the government to be transparent so that there can be greater public safety.

Hopefully CPI’s articles lead to serious reform of the NNSA’s nuclear weapons complex, and again illustrate how public sunshine leads to greater transparency and accountability. But the real irony is that the unsafe practices documented by the CPI’s series is for unneeded, very expensive expanded plutonium pit production.

Maintenance of the existing stockpile does not need actual production of pits (we already have ~15,000 in storage at the Pantex Plant near Amarillo, TX). Moreover, plutonium pits last at least a century, according to an independent expert study required by former Senator Jeff Bingaman at NukeWatch’s request (the government’s previous estimate of pit lifetimes was 45 years).

Future expanded plutonium pit production at the Los Alamos Lab is all about new-design nuclear weapons that the labs are pushing but the military doesn’t want. That is irresponsible, polluting and very expensive. New Mexicans should pressure their congressional delegation to ensure that expanded plutonium pit production at LANL is safe and absolutely needed to begin with, or otherwise drop their unquestioning support for it.

For more on plutonium pit production at LANL see https://nukewatch.org/facts/nwd/PitProductionFactSheet.pdf

 

Some Background on Plutonium Pit Production at the Los Alamos Lab

Some Background on Plutonium Pit Production at the Los Alamos Lab

The Washington Post has published the first in a series of articles on nuclear safety lapses in plutonium pit production at the Los Alamos Lab. Plutonium pits are the fissile cores of nuclear weapons that when imploded initiate the thermonuclear detonation of modern weapons.

  • The former production site, the Rocky Flats Plant near Denver, was shut down by a 1989 FBI raid investigating environmental crimes. A special grand jury indicted both DOE officials and the contractor, but its report was sealed by a federal judge at the urging of the local federal attorney general. It was only by sheer luck that a major plutonium fire on Mother’s Day 1969 didn’t contaminate Denver with highly carcinogenic plutonium.
  • Senior DOE officials promised New Mexicans 20 years ago that serious lessons were learned from the Rocky Flats Plant and re-established plutonium pit production at the Los Alamos National Laboratory (LANL) would always be safe. Since then the Los Alamos Lab has spent billions of taxpayers’ money on plutonium pit production, but as the Washington Post article documents still can’t do it safely.
  • As the Washington Post article reports, a serious nuclear criticality incident was narrowly averted in July 2011, which resulted in the three-year shut down of LANL’s main plutonium facility. Nevertheless, according to the FY 2011 LANL Performance Evaluation Report, the Lab contractor was paid $50 million in pure profit for that year. These Performance Evaluation Reports are the report card whereby the government determines how much the taxpayer will pay nuclear weapons contractors. The government denied taxpayer access to these reports until NukeWatch successfully sued for them.
  • A radioactive waste barrel improperly prepared by LANL ruptured underground at the Waste Isolation Pilot Plant (WIPP), shutting down that multi-billion dollar facility for nearly three years. Radioactive waste disposal at WIPP will remain constrained for years, raising the question of where future LANL bomb-making wastes will go.
  • Plutonium facilities at LANL are supposed to be designed to withstand a serious earthquake that is supposed to occur only once in every 10,000 years. The last serious earthquake near the Lab is believed to have occurred 11,500 years ago. Although there is no exact linear correlation, LANL is in a sense “overdue” for a serious seismic event given its numerous geologic faults.
  • Congress has legislated a requirement that the Los Alamos Lab expand plutonium pit production, regardless of the technical needs of the stockpile. That requirement was drafted by professional staff on the Strategic Forces Subcommittee of the House Armed Services Committee, one of whom was originally from the Sandia nuclear weapons lab. That the existing stockpile doesn’t need pit production is demonstrated by the fact that none has been scheduled since LANL caught up with 29 W88 pits that were stopped when the Rocky Flats Plant was shut down.
  • At NukeWatch’s request former senator Jeff Bingaman (D-NM) required an independent study of the lifetimes of pits. The expert conclusion was that plutonium pits last at least a century, more than double government estimates (the oldest pits in the stockpile are now around 45 years old). Moreover, there are some 15,000 existing plutonium pits stored at the Pantex Plant near Amarillo, TX.
  • Future plutonium pit production is for a new so called “Interoperable Warhead” that is suppose to function both as a land-based ICBM and sub-launched nuclear warhead. The nuclear weapons labs are pushing this $13 billion make-work project that the Navy doesn’t want. Ironically, new-design pits for the Interoperable Warhead may hurt national security because they cannot be tested in a full-scale nuclear weapons test, or alternatively testing them would have severe international proliferation consequences.
  • Given all this, why expand plutonium pit production when apparently it can’t be done safely and may decrease, not increase, our national security? One strong reason is the huge contractor profits to be had under the one trillion dollar-plus “modernization” of the nuclear weapons stockpile and production complex initiated under Obama, which Trump promises to expand. Far from just “modernization”, existing nuclear weapons are being given new military capabilities despite denials at the highest levels of government.
  • The directors of the Livermore, Sandia and Los Alamos nuclear weapons labs in truth wear two hats, the first as lab directors, the second as presidents of the for-profit limited liability corporations running the labs. This inherent conflict-of-interest that skews U.S. nuclear weapons policy should be brought to an end.

Jay Coghlan, NukeWatch Director, commented, “The New Mexican congressional delegation kowtows to the nuclear weapons industry in our state. I specifically call upon my two senators Tom Udall and Martin Heinrich to certify within this calendar year that future plutonium pit production at the Los Alamos Lab will be safe, or otherwise end their support for it.”

# # #

The Washington Post article is available at https://www.washingtonpost.com/world/national-security/safety-lapses-undermine-nuclear-warhead-work-at-los-alamos/2017/06/17/87f051ee-510d-11e7-b064-828ba60fbb98_story.html

The article is also being carried in The New Mexican at http://www.santafenewmexican.com/news/local_news/repeated-safety-lapses-hobble-lanl-s-work-on-u-s/article_f45dd72a-d6f6-580c-97af-8ffcb9fe8364.html

For more on expanded plutonium pit production please see https://nukewatch.org/facts/nwd/PitProductionFactSheet.pdf

Don’t trust what NNSA and LANL say

In direct response to the Center for Public Integrity’s first article, NNSA Administrator Frank Klotz broadcasted a strongly worded statement to national media. Among other things, Klotz categorically claimed that, “By late 2016, the (LANL) plutonium facility had resumed all operations that had been paused in 2013.” (Emphasis added)

This doesn’t square with these two weekly reports from the Defense Nuclear Facilities Safety Board:

Los Alamos Report for Week Ending September 9, 2016

Following successful closure of the corrective actions, LANL will have completed the revised scope of the formal restart project, restoring basic functionality to the facility¹s manufacturing and surveillance missions. An additional 18 readiness activities are planned for the next two years, including some new activities and some that were de-scoped from the formal restart project such as the aqueous chloride and nitrate operations.

Los Alamos Report for Week Ending December 30, 2016

Plutonium Facility personnel completed the revised scope of the restart project. Notably, several process deviations occurred in resumed operations prompting management to significantly change the material move procedure. The next significant readiness review is scheduled to occur in April 2017 for the aqueous chloride and americium oxide operations. – End –

This goes to show why the public can’t trust the truthfulness of anything the National Nuclear Security Administration and the Los Alamos Lab say. When they are a long ways from a touchdown, they move the goal posts (i.e., “de-scoping”) while collecting millions in taxpayers’ dollars.

 

A Preview of Trump’s Budget: More Nuclear Bombs and Plutonium Pit Production

Santa Fe, NM – The nonprofit organization Third Way is claiming that it has received a leaked version of Trump’s FY 2018 budget that is scheduled to be released this coming Tuesday. Assuming this leak is accurate, the proposed level of funding for the National Nuclear Security Administration’s (NNSA)’s Total Weapons Activities is $10.2 billion, a full billion above what was requested for FY 2017 (and presumably granted in the FY 2017 omnibus appropriations, for which details are not yet available).

Trump’s “skinny budget” entitled “America First: A Budget Blueprint to Make America Great Again”, released on March 16, stated that it would increase funding for “the goals of moving toward a responsive nuclear infrastructure and advancing the existing program of record for warhead life extension programs.” This is where the one billion increase will be largely, if not entirely, directed.

Concerning Life Extension Programs, rather than merely maintaining and extending the lives of existing nuclear weapons as advertised, they are being given new military capabilities, despite denials at the highest levels of government. A current example is the B61-12 Life Extension Program, which is transforming a “dumb” nuclear bomb into the world’s first highly accurate “smart” nuclear bomb.

With respect to the Los Alamos National Laboratory (LANL), “responsive infrastructure” no doubt means accelerating upgrades to existing plutonium facilities and likely building two or three new underground “modules”, all for the purpose of quadrupling plutonium pit production from 20 to 80 pits per year. (Plutonium pits are the fissile cores of nuclear weapons.)

Expanded plutonium pit production is planned despite the facts that:

1)         The existing stockpile does not need pit production, and none is scheduled;

2)         Nuclear criticality safety concerns are not fully resolved at LANL’s main plutonium facility, which only recently restarted major operations after more than three years because of these concerns. Since then, the Defense Nuclear Facilities Safety Board has given LANL a “red grade” on nuclear criticality safety issues;

3)         Disposal of radioactive wastes from plutonium pit production is still severely limited after a waste barrel improperly treated by LANL ruptured and shut down the Waste Isolation Pilot Plant for nearly three years; and

4)         Future expanded plutonium pit production is for an “Interoperable Warhead” which the Navy doesn’t want and has been delayed for five years.

Jay Coghlan, Nuclear Watch New Mexico director, commented, “Fattening up our already bloated nuclear weapons stockpile is not going to improve our national security. New Mexicans desperately need better funded schools and health care, not expanded plutonium pit production that will cause more pollution and threaten our scarce water resources.”

Nuclear Watch New Mexico will be spending next week in Washington, DC for the Alliance for Nuclear Accountability’s 29th consecutive DC Days to discuss Trump’s new budget with the New Mexican congressional delegation and key committees.

# # #

Third Way’s press statement and budget spreadsheet are available at http://www.thirdway.org/newsroom/press-releases/third-way-statement-on-the-leaked-may-8-trump-budget

For more on expanded plutonium pit production please see https://nukewatch.org/facts/nwd/PitProductionFactSheet.pdf

 

 

Trump adds to DC muck with Heather Wilson as Air Force Secretary

So much for draining the swamp. Trump and the Senate just added to the muck in Washington, DC by confirming ex-Congresswoman Heather Wilson as Secretary of the Air Force. Lockheed Martin, the world’s biggest weapons contractor, started paying her $10,000 a month the day after she stepped down from office to help devise a strategy to extend its $2.6 bilion/year  management contract of the Sandia Labs without competitive bid (the Labs are in her district). She went on to get a similar contract with the Los Alamos Lab, also for $10,000 a month. Good work, if you can get it!

Now as Air Force Secretary she will oversee the world’s most expensive weapons systems made by guess who? Lockheed Martin.  All this for a Defense Department that has never been able to pass a financial audit for how it spends taxpayers’ money. Sadly, it’s business it as usual for the weapons megabusiness.

In particular, it’s especially hypocritical for New Mexico’s senior senator Tom Udall to have voted for her, given that he sent out an email fundraiser immediately after Trump’s speech to Congress denouncing his cabinet nominee’s conflicts-of-interest.  I think it shows that the New Mexican congressional delegation’s primary loyalty is to the nuclear weapons industry in our state, instead of to political party or even good governance.

In contrast, praise and glory to California’s senior senator Dianne Feinstein who issued a strong statement against Heather Wilson because of her possibly illegal lobbying activities. Both the Sandia and Los Alamos Labs had to pay back the US government the ~$430,000 they had been  reimbursed for paying her, but there is no public record of Wilson ever paying back one red cent.

 

Watchdogs Assail Revolving Door Between New Mexico Environment Department and Polluters

Nuclear Watch NM Press Release

For immediate release: January 17, 2017

Contact: Jay Coghlan, 505.989.7342, c. 505.470.3154, jay[at]nukewatch.org

 

Watchdogs Assail Revolving Door

Between New Mexico Environment Department and Polluters;

Gov. Martinez Fails to Protect State Budget and Environment

Santa Fe, NM – As the annual state legislative session begins, New Mexico is faced with a ~$70 million budget deficit, which must be balanced as per the state’s constitution, while revenues are projected to continue falling. To remedy this, Gov. Martinez plans to divert $120 million from public school reserves, take ~$12.5 million out of state employee retirement accounts, make teachers and state workers pay more into their retirement accounts (they are already among the lowest paid in the country), and extend 5.5% cuts for most state agencies while cutting yet more from the legislature and higher education. Instead, the state’s budget deficit could have been prevented had the New Mexico Environment Department aggressively fined polluters. But unfortunately there is a strong revolving door between NMED and the polluters it is suppose to regulate.

In her 2012 State of the State speech Gov. Martinez said, “My appointees are barred from lobbying state government for 2 years after serving in my administration.” Yet in August 2016 the Secretary of the New Mexico Environment Department (NMED), Mr. Ryan Flynn, resigned to become the Executive Director of the New Mexico Oil and Gas Association, whose main purpose is to lobby on behalf of the oil and gas industry against environmental regulations. Before joining NMED, Mr. Flynn worked for a law firm that advertises that “Our representation of oil and gas producers, mid-stream entities, and natural gas pipelines has been a mainstay of Modrall Sperling’s natural resources practice since the early days of the firm.” Modrall Sperling lawyers were very active in the NM Oil and Gas Association’s opposition to the so-called “pit rule” that sought to prevent oil and gas drilling mud waste from leaching into and contaminating groundwater. In June 2013 the New Mexico Oil Conservation Commission, appointed by Gov. Martinez, eviscerated the pit rule.

Similarly, Martinez and Flynn promulgated new groundwater protection rules that for the first time in the country actually allows groundwater contamination if it doesn’t migrate past the footprint of the operating site. This is the so-called Copper Rule, drafted by the copper mining giant Freeport-McMoRan (which is also a Modrell Sperling law firm client).

On January 13, 2017 Kathryn Roberts, the head of NMED’s Resource Protection Division, announced that she was leaving the Environment Department to accept an unnamed job in Alamogordo. Before NMED she worked at the Los Alamos National Laboratory (LANL) for four years as Group Leader for Regulatory Support and Performance (of “cleanup”). Upon information and belief, she will work as a public communications specialist for Longenecker and Associates, a Department of Energy (DOE) contractor that proposes to drill deep boreholes to test the disposal of high-level nuclear waste near Alamogordo.

This is part of the continuing targeting of New Mexico as the nation’s nuclear waste dump. Longenecker and Associates have participated in Sandia Labs studies of deep borehole high-level waste disposal. Of interest are some relatively recent new hires by Longenecker, including Don Cook, a longtime Sandia Labs scientist, past manager of the Atomic Weapons Establishment in the United Kingdom, and most recently the Deputy Administrator for Defense Programs (i.e., nuclear weapons) at the National Nuclear Security Administration. As such, he was essentially the head of the U.S. nuclear weapons complex, including the Los Alamos and Sandia Labs.

Also new to Longenecker and Associates as Corporate Vice President and Chief Strategy Officer is Christine Gelles, former interim manager of the new DOE Environmental Management field office at Los Alamos. A Longenecker resume´ notes that Gelles “Led planning and initial regulatory interactions with New Mexico Environment Department negotiation of Los Alamos Consent Order.” Ms. Roberts would have been one of Gelles’ counterparts on the other side of the table as head of NMED’s Resource Protection Division.

An original 2005 Consent Order negotiated between NMED and DOE was meant to compel comprehensive cleanup at LANL and force the Energy Department to increase cleanup funding. The new Consent Order, likely negotiated at least in part between Gelles and Roberts, contains giant loopholes whereby DOE can get out of cleanup by simply claiming that is too difficult or too costly. In fact, since the new Consent Order went into effect in June 2016, 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 LANL will cost $2.9 to $3.8 billion through fiscal year 2035, averaging $153 million per year, which is ridiculously low. 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, posing a permanent threat to groundwater. 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.” This is a distinct and very unfortunate break from the 2005 Consent Order.

Particularly galling is the fact that under Gov. Martinez and ex-Secretary Ryan Flynn the New Mexico Environment Department granted more than 150 milestone extensions to the 2005 Consent Order, and then turned around and said that the Consent Order wasn’t working. From a budget perspective, New Mexico could have collected more than $300 million in stipulated penalties, more than four times the state’s projected budget deficit, had NMED vigorously enforced the 2005 Consent Order.

[For more, see here]

All of this is part of a pattern where the Martinez Administration has coddled the nuclear weapons industry even as that industry is cutting cleanup funding and ramping up nuclear weapons production that caused the mess to begin with. Gov. Martinez and ex-NMED Secretary Ryan Flynn have touted what they call an historic $74 million settlement that New Mexico and DOE reached after a radioactive waste barrel that LANL improperly treated ruptured at the Waste Isolation Pilot Plant (WIPP), contaminating 21 workers and closing down that multi-billion dollar facility for nearly three years. What was left unsaid is that DOE was already responsible for the supermajority of “Special Environmental Projects” that were agreed to in lieu of penalties and fines that could helped solved New Mexico’s budgets woes, even though state and federal policy on those projects both require that the regulatory agency collect a significant monetary penalty.

Not one penny went to New Mexico, while DOE was “obliged” to, for example, repave roads at WIPP and LANL that it uses to transport the radioactive bomb waste that it produces. To add insult to injury, NMED agreed to waive penalties for all future, unknown violations – no matter the severity or length – as long as there is corrective action of any sort at some undefined time. Also included in this give-away was an obligation by NMED to negotiate modifications to the 2005 Consent Order (now completed to New Mexico’s disadvantage), and to forego penalties that could have been assessed against DOE under it.

Jay Coghlan, Nuclear Watch New Mexico Director, commented, “It seems that the Environment Department under Gov. Martinez is in the business of protecting business against environmentalists. The legislature should hold their feet to the fire so that New Mexicans have a real environment department that protects our precious water resources and creates jobs doing so.”

# # #

 

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 Inspector General report on the B61-12 nuclear smart bomb

The Department of Energy Inspector General has issued its audit report National Nuclear Security Administration’s Management of the B61-12 Life Extension Program. The B61-12 will literally cost twice its weight in gold. It is slated for production beginning 2020 and will blur the line between battlefield and strategic nuclear weapons by combining one strategic and three tactical variants. It will also be the world’s first “smart” nuclear bomb with a steerable tailfin kit giving it vastly improved accuracy. Nevertheless the U.S. government denies that the B61-12 will have any new military capabilities.

In its audit report, the DOE IG notes:

We believe without further improvement to its project management tools, it will be difficult for the program to proactively manage the costs, schedule, and risks of the B61-12 LEP to ensure it can deliver the First Production Unit within cost and meet its critical national security schedule.  In addition, there is uncertainty whether the original cost estimate for the B61-12 LEP contains sufficient management reserve to allow the program to respond to the numerous risks identified in the program.  Finally, not having documented assurance that unresolved significant finding investigations are a part of weapons design input significantly reduces management’s ability to ensure that redesigned nuclear weapon components have addressed prior safety and reliability concerns.

Regarding the last sentence “… reduces management’s ability to ensure that redesigned nuclear weapon components have addressed prior safety and reliability concerns”:

There was a problem with the new-design arming, firing and fuzing set for the W76-1, which is being produced now in its current Life Extension Program. It wasn’t a showstopper, but nevertheless a problem where new individual AF&F components had to be screened to determine whether their performance was affected.

The graph below from the 1993 Sandia Stockpile Life Study shows how the supermajority of nuclear weapons defects are discovered within the first few years of production. The point I’m reaching for is that as Life Extension Programs become more aggressive and more new-design components are used, design and production defects will be inevitable. It would be far better to maintain the stockpile through a conservative curatorship approach.

Circa 1995 I met with DOE Asst. Sec. for Defense Programs Victor Reis, the so-called father of the Stockpile Stewardship Program. Reis explicitly told me that the exorbitant Stockpile Stewardship Program was all about “the other side of the bathtub curve,” meaning it’s all about accelerated defects showing up at some time due to aging. Guess what? It hasn’t happened, not with ongoing surveillance and maintenance and exchange of limited life components that have been almost routine for decades. As the 1993 Sandia Stockpile Life Study concluded,

“It is clear that, although nuclear weapons ages, they do not wear out; they last as long as the nuclear weapons community (DOE and DOD) desire. In fact, we can find no example of a nuclear weapon retirement where age was ever a major factor in the retirement decision.”

Since then, the 1993 Sandia Stockpile Life Study’s conclusion has been buttressed by the JASON’s 2006 Pit Life Study and 2009 Life Extension Programs Study. In short, Life Extension Programs are not necessary for maintaining the nuclear stockpile, and may in fact undermine reliability by intentionally introducing major changes to an extensively tested stockpile. Life Extension Programs are, however, essential for creating new military capabilities for existing nuclear weapons, which is pretty clearly demonstrated by the B61-12 about to go into production, and arguably the W76-1 as well.

Nuclear Weapons defects graph from 1993 Sandia Stockpile Life Study

NNSA Set to Approve New Facilities for Expanded Plutonium Pit Production Without Credible Plans and Required Public Review

August 10, 2016

Santa Fe, NM – Yesterday, on the 71st anniversary of the destruction of Nagasaki by a plutonium bomb, the Government Accountability Office (GAO) submitted a report to the Senate Armed Services Committee on the National Nuclear Security Administration’s (NNSA’s) plans to expand plutonium pit production at the Los Alamos National Laboratory. NNSA has scheduled a formal “Critical Decision 2” at the end of this coming September to proceed with preliminary design of the upgraded and new facilities necessary to expand plutonium pit production.

The NNSA is a semi-autonomous nuclear weapons agency within the Department of Energy, which has the singular distinction of being the only federal department on the GAO’s High Risk List for wasting taxpayer’s dollars for 25 consecutive years. LANL is NNSA’s so-called “Plutonium Center of Excellence” and the nation’s only site for pit production, but major operations at PF-4, its main plutonium facility, have been stopped since June 2013 because of nuclear criticality safety concerns. In addition, there is no place for LANL to send its radioactive transuranic wastes from plutonium pit production since one of its waste drums ruptured at the Waste Isolation Pilot Plant in February 2014 and indefinitely closed that multi-billion facility.

Despite all this, funding for NNSA’s nuclear weapons research and production programs is being increased to nearly double the Cold War’s historic average, while nonproliferation, warhead dismantlement and cleanup programs are being cut or held flat. This is in part due to plans to spend at least a trillion dollars over the next 30 years on completely rebuilding U.S. nuclear weapons and producing new missiles, subs and bombers to deliver them. The “modernized” U.S. nuclear force is expected to be operational until at least until 2080, more than a century after the 1970 NonProliferation Treaty’s mandate for global nuclear disarmament.

The GAO’s report found that NNSA’s plans for upgraded and new facilities to expand plutonium pit production to 50-80 pits per year “did not include key performance parameters” and lacked analysis of a full range of alternatives. LANL’s currently approved production level is up to 20 pits per year, sanctioned in a 1996 Stockpile Stewardship and Management Programmatic Environmental Impact Statement that was required under the National Environmental Policy Act (NEPA). Subsequent NEPA efforts by NNSA to formally approve expanded plutonium pit production at LANL failed, and new efforts to expand plutonium pit production without adequate NEPA coverage could be vulnerable to legal challenge. Additionally, there is no public explanation or justification for the need to expand to 50-80 pits per year other than the nuclear weaponeers saying so. In contrast, independent expert studies have shown that pits have reliable lifetimes of at least a century (the average age of pits in the stockpile is now around 31 years), and up to 20,000 plutonium pits are already stored at the Pantex Plant near Amarillo, TX.

In 2012, in the face of exploding costs and rising citizen opposition, NNSA cancelled an earlier proposal to build a Walmart-sized “Chemistry and Metallurgy Research Replacement (CMRR) Project-Nuclear Facility” for expanded plutonium pit production. Now, as an alternative, NNSA and LANL seek to raise the administrative limit on plutonium in the CMRR Project’s first phase, the newly constructed Radiological Lab, from an original 8.4 grams to 400 grams; upgrade PF-4, the Lab’s main plutonium facility; and proceed with a “Plutonium Modular Approach project.”

Raising the amount of plutonium in the Rad Lab to 400 grams allows for dramatically increased “materials characterization” and “analytical chemistry” in direct support of expanded plutonium pit production. But it also raises the Rad Lab from a “radiological facility” to a “Hazard Category 3” nuclear facility, which has never been done before. Planned gloveboxes and the existing ventilation system may have to change and the facility’s seismic safety rating re-examined. The Rad Lab was originally constructed and equipped for a total cost of $400 million, but now up to another $675 million in equipment is being added. On top of that, re-categorizing the Rad Lab to a Hazard Category 3 facility could cost another $365 million. In all, the Rad Lab can cost up to $1.5 billion, while upgrades to PF-4 will cost another billion.

The Plutonium Modular Approach involves building at least two and perhaps three underground “modules” at one billion dollars each or more. The GAO report notes how since NNSA narrowly defined the program requirement as building the modules themselves instead of examining the need for the modules, “there is effectively no project alternative other than the modular approach,” despite DOE’s own orders to complete an analysis of a full range of alternatives.

In all, according to the GAO report, the full CMRR alternative of upgrading the Rad Lab and PF-4 and building at least two modules would cost at least 4 billion dollars, compared to the CMRR”s previous price tag of $5.8 billion (which was up from $975 million in 2005), and this is before the usual cost overruns. The GAO report also notes how the CMRR alternative appears cheaper because non-nuclear weapons operations, such as preparing plutonium for NASA’s spacecraft battery packs, have been eliminated. NNSA’s pattern when faced with its own cost overruns is to cut out all but nuclear weapons production, as it did with the Uranium Processing Facility (UPF) near Oak Ridge, TN. When a Defense Department estimate put UPF construction at $19 billion (up from $6.5 billion), NNSA eliminated dismantlements and downblending of highly enriched uranium so that it could keep production of thermonuclear components that can kill millions.

Jay Coghlan, Nuclear Watch Director, commented, “Expanded plutonium pit production at LANL is not needed to maintain stockpile safety and reliability, but instead is a must for nuclear weaponeers who want to give existing weapons new military capabilities through so-called Life Extension Programs. This GAO report is more evidence of how taxpayers’ money could be far better spent than on poorly planned, unnecessary and very expensive expanded plutonium pit production.”

# # #

The GAO report NNSA Needs to Clarify Requirements for Its Plutonium Analysis Project at Los Alamos is available at

http://www.gao.gov/products/GAO-16-585?utm_medium=email&utm_source=govdelivery

 

DOE’s 25 year status on GAO’s High Risk list is documented at

http://www.gao.gov/highrisk/doe_contract_management/why_did_study

 

For an extensive history of successful citizen activism against plutonium pit production see

http://nukewatch.org/facts/nwd/Pit-Production-History.pdf

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)

 

Public Meeting, Los Alamos Cleanup at the Crossroads, 6:00 pm Tuesday May 24

Los Alamos Cleanup at the Crossroads

Public Meeting

 

6 – 7:30pm, Tuesday May 24, 2016

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

Presentation on the Future of Cleanup at Los Alamos:

What the public needs to know and how to get involved and be informed

•     Focus on new cleanup order proposed by the NM Environment Dept. and its lack of enforceability.

•     Public comments due May 31

•     New Energy Dept. Environmental Management at the Lab – same as the old boss?

•     Nuclear Watch’s lawsuit

•     Questions and answers

Brought to you by Nuclear Watch New Mexico

              (505) 989-7342 info@nukewatch.org

www.nukewatch.org <http://www.nukewatch.org>  

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

 

 

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

 

 

 

 

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