In June 2024, Holtec International, along with the U.S. Nuclear Regulatory Commission (NRC) and the Department of Justice, petitioned the U.S. Supreme Court to review a March ruling by the Fifth Circuit Court that vacated Holtec’s license to build a nuclear waste interim storage facility in New Mexico. The Fifth Circuit’s basis to vacate the license is that the NRC lacks the authority to license private interim storage sites like Holtec’s in New Mexico and a similar facility in Texas operated by Interim Storage Partners (ISP). Holtec’s petition to the Supreme Court aims to reverse the lower court’s ruling and allow the construction of the facility in southeastern New Mexico, which would store spent nuclear fuel “temporarily” while awaiting a permanent disposal solution.
Holtec contends that their operations are safe and necessary for managing the nation’s growing stockpile of nuclear waste. These sites and any transport to these sites are not only dangerous but environmentally unjust. New Mexico’s demographic is largely Latino. There are many communities of color, especially in the southern part of the state where the sites are being proposed. These sites present clear examples of environmental racism; people of color would be disproportionately affected if the Holtec/ISP CIS site were licensed and constructed.
Interim Storage Partners first applied for a federal license to build the site back in 2016. The NRC approved and licenced the facility in west Texas in 2021.
Key dates include the petition being docketed on June 27, 2024, and scheduled for the Supreme Court’s conference on September 30, 2024. During this conference, the justices will decide whether the Supreme Court agrees to hear the case (grants certiorari). If it does, oral arguments may be scheduled in late 2024 or early 2025, with a decision expected afterward. The timeline for any Supreme Court ruling could vary, but such cases often take several months for a decision following the grant of certiorari.
UPDATE – OCTOBER 4, 2024: The Supreme Court has granted certiorari, meaning the justices will hear arguments and decide the case.
From Courthouse News Service: “The court is expected to take up the case in its forthcoming term, which begins Monday. Arguments likely will begin next year, with a decision possible by the summer.”
“Nuclear Watch New Mexico believes that it is past time that this dangerous contaminant is cleaned up at the source.
Extracted treated groundwater should be pumped or trucked uphill to flush out the remaining 90% of the chromium so that it can be decisively dealt with instead of with only marginally effective “pump and treat” for a few centuries…”
The real shame is how ineffective Lab cleanup of the hexavalent chromium plume is. First, even after 18 years, LANL and DOE still don’t know the boundaries of the plume, all the while claiming it’s not on San Ildefonso Pueblo Land (maybe LANL should deprioritize expanded nuclear weapons production and focus on that). Second, this is our common “sole source” (EPA special designation) aquifer that is one of the primary sources of drinking water for the cities of Santa Fe, Española, and Los Alamos, eleven Pueblos and all of the Española Basin’s rural areas. Third, hex chromium is the carcinogen made notorious in the popular movie Erin Brockovich. Fourth, it is estimated that 160,000 pounds of chromium were released up until 1972, but only 10% (i.e. ~16,000 pounds) has been recovered through extraction and treatment. When the head of DOE Environmental Management Los Alamos Office was asked where’s the rest of the chromium, Michael Mikolanis demurred and said that he would have to get back on that question.
“Mutually Assured Destruction” has been the MO of the world’s nuclear powers for decades. If Russia points a giant nuclear warhead toward the U.S., we would gear up to point an even more massive missile their way, and then, in theory, Russia shrugs its shoulders and says, “Eh, not worth it.” They would be completely “deterred” from advancing a nuclear attack based on the reality that doing this would mean the entire country, continent, and, ultimately the entire world, would become obliterated as we know it; the cost and the risk greatly outweigh any benefit. Supposedly. According to this thesis, the existence of nuclear weapons makes the cost of war seem frighteningly high and thus “discourage[s] states from starting any wars that might lead to the use of such weapons” (Kenneth Waltz, “The Spread of Nuclear Weapons: More May Better,”) The idea that nuclear weapons make conventional war safer is widely used as framing for why we need nukes at all, with one specific reason being spread wide and far that nuclear weapons can still be the equalizer against an adversary’s superior conventional forces.
Aerial View of Waste Control Specialists (WCS) on the TX/NM state line
Los Alamos National Laboratory (LANL) has given itself a Categorical Exclusion (CX) under National Environmental Policy Act (NEPA) for the removal, relocation, and examination of transuranic (TRU) waste drums at Waste Control Specialists (WCS). These drums are similar to the ones that forced WIPP to close in 2014. LANL officials decided that formal environmental assessments, with public input, of the movement of the possibly exploding waste drums are not needed.
Tonight, MSNBC will air a powerful documentary called “In the Dark of the Valley” at 7 p.m. PST/ 10 p.m. EST. The film follows the story of Melissa Bumstead, a mother whose search for answers about her young daughter’s cancer leads her to the contaminated Santa Susana Field Laboratory (SSFL), a former nuclear and rocket engine testing site near Los Angeles. I have been involved in the fight to clean up SSFL for 15 years, and PSR-LA has been involved for over 30 years. PSR-LA Board President Dr. Bob Dodge and I are featured in the film, along with our longtime ally Dan Hirsch, President of Committee to Bridge the Gap; generations of SSFL cleanup activists, and many others.
I urge you to watch the documentary tonight or record it to watch later. Not only is the film masterfully done and visually stunning, it manages to capture the heart of one of the longest and most intensely fought battles to clean up a contaminated site in the US. That’s a big deal.
I’m writing to you all today because as I reflect on the fight to cleanup SSFL — the struggles, the hard work, the heartache, the setbacks, the frustration, the power of the forces we’re up against, the greenwashing, the gaslighting,the personal sacrifices made by so many, the folks we’ve lost along the way — the fact that this film was made so well and is going to be broadcast nationally is more than a big deal. It’s a victory. And victories, especially in these troubled times, should be shared and savored. Particularly for those of you who don’t know as much about SSFL, understanding just how brutal SSFL cleanup advocacy is, and how amazing the community and cleanup advocates are, makes this film — this victory — even sweeter.
The Santa Susana Field Laboratory (SSFL) is a 3,000 acre site sitting on top of the San Fernando and Simi Valleys in California, located less than 30 miles from Malibu. In 1947 the site was developed as a central location for U.S. rocket engine testing and space exploration, and in the 1950’s SSFL began experimenting with constructing nuclear reactors.
Ten nuclear reactors were built in total, and tens of thousands of rocket, energy, and weapons tests took place there from when the laboratory went into operation in 1947 until it’s closure in 2006. The rocket engine tests specifically produced numerous toxic spills and releases. The nuclear reactors built include a “Hot Lab” to “cut up irradiated reactor fuel from around the country,” “plutonium and uranium-carbide fuel fabrication facilities,” and a “sodium burn pit in which open-air burning of contaminated reactor components took place.” One of the reactors, the Sodium Reactor Experiment, experienced a partial nuclear meltdown in 1959, and two other reactors experienced accidents with fuel damage as well.
Nuclear Watch New Mexico virtually visited Washington, DC this month to participate in the Alliance for Nuclear Accountability’s “DC Days,” an annual event where organizations from across the nation, whose members are directly affected by nuclear weapons production and the incidental health and environmental consequences, make their voice heard to federal policy makers.
Nuclear Watch NM was focused on opposing new plutonium pit production at Savannah River Site and Los Alamos, pushing for safe and secure toxic cleanup and prioritizing public health while saving billions by terminating ill-conceived new nuclear weapons programs. View more information on these issues in the Alliance for Nuclear Accountability’s new report, “Safety, Security, and Savings,” which describes in detail the foundation of our 2021 advocacy. The report includes a series of fact sheets and recommendations covering new warheads, bomb plants, nuclear waste, cleanup, and more.
Because of overwhelming public demand and technical problems with the first virtual public meeting, the National Nuclear Security Administration is holding a second meeting on the Los Alamos National Laboratory’s (LANL’s) controversial plan to vent up to 100,000 curies of tritium gas. Tritium is a radioactive isotope of hydrogen, used to boost the explosive power of nuclear weapons. Most vented tritium will condense into water vapor which can then be readily ingested by living organisms, including humans. Fetuses are particularly at risk.
LANL’s nuclear weapons budget has doubled over the last decade to $2.9 billion in fiscal year 2021. But funding for so-called cleanup has remained flat at around $220 million, or 8% that of nuclear weapons. In fact, LANL plans to “cap and cover” some 200,000 cubic yards of radioactive and toxic wastes, leaving them permanently buried in unlined pits above our groundwater, some three miles uphill from the Rio Grande, and call it cleaned up. To add to this, the Lab now plans to dose the public by venting excess tritium.
Santa Fe, NM – This March 5, 2020, marks the 50th anniversary of the NonProliferation Treaty, whose central bargain was that non-nuclear weapons states forswore acquiring them in exchange for which nuclear weapons states promised to enter into serious negotiations leading to their elimination. Those negotiations have never happened.
The Trump Administration has marked the occasion by finally releasing the detailed fiscal year 2021 Congressional Budget Request for the Department of Energy’s semi- autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA). The NNSA’s program for new and upgraded nuclear weapons gets a 3 billion dollar-plus mark up to $15.6 billion, slated to jump to $17 billion annually by 2025. This includes a new nuclear warhead, the submarine launched W93, initially funded at $53 million in FY 2021, but slated to climb to $1.1 billion annually by 2025. New warhead design and production typically take around 15 years or more.
A new assessment finds that Department of Energy (DOE) is not conducting effective oversight of the Los Alamos National Laboratory (LANL) beryllium program, or of safety and health programs in general. In addition, DOE is not maintaining sufficient technical capability and knowledge of site and contractor activities to make informed decisions about hazards and risks. DOE indicated the lack of sufficient safety and health resources has presented a challenge to achieving effective oversight in this area.
19 seconds – the amount of time airborne radiological contamination could be released before the safety dampers close. This assumes that all other components work perfectly.
Falling short of the bare minimum in the eyes of the DOE is a far cry from where the public expects or needs LANL to be.
The Albuquerque Journal Editorial Board has a great editorial except for this part –
Because LANL is home to some of the best and brightest in the nuclear industry. It is the home of the Manhattan Project. And its future is important not only to the prosperity of our state, but also to our national security.
LANL may be home the some of the best and brightest, but even the best are human and make mistakes. These bright humans work for large for-profit corporations looking for big bottom lines. Keeping the money flowing at any cost is the priority. The Manhattan Project started the Cold War which we won back in 1992. Since then, the nuclear weapons complex was kept around instead of cleaning up the estimated $400 billion Cold War mess. The future would be a lot brighter if Congress would allow the best at LANL to work on non-proliferation and cleanup. Nuclear weapons are but one part of our national security — the least important part. Remember diplomacy?Continue reading
Forum on June 14 in Aiken, SC on Expanded Production of Plutonium “Pits” – for Nuclear Weapons – to Give Voice to Concerns in Face of DOE’s Failure to Engage and Inform the Public about the Risky Proposal
Columbia, SC– The controversial proposal by the U.S. Department of Energy to expand production of plutonium “pits”- the core of all nuclear weapons – will be the subject of a public forum in Aiken, South Carolina on Friday, June 14, 2019. The event is free and open to all members of the public.
In response to DOE’s lack of public engagement about the proposal and its potential environmental and health impacts, three public interest groups that work on DOE and nuclear weapons issues have taken the initiative on the matter. The questionable proposal by DOE’s National Nuclear Security Administration is to expand pit production at the Savannah River Site into the shuttered MOX plant – a totally new and unproven mission for SRS – and at the Los Alamos National Lab to 80 or more pits per year. Such pit production for new and “refurbished” nuclear weapons may help stimulate a new nuclear arms race. The vague proposal is far from finalized and is unauthorized and unfunded by Congress.
The Holtec U.S. Nuclear Regulatory Commission (NRC) Atomic Safety and Licensing Board (ASLB) nuclear regulatory panel has spoken. None of the contentions by any of the intervenors was admitted. Not even a pretense of allowing public participation. No one — Sierra Club, Beyond Nuclear, Fasken, AFES, transportation intervenors — was allowed any contentions.
A new report illustrates why planned expanded plutonium pit production for new nuclear weapons at the Los Alamos Lab has a high probability of failure.
On January 29, 2019, DOE’s Office of Enterprise Assessments notified Nuclear Waste Partnership, LLC (NWP), the managing and operating contractor for the Waste Isolation Pilot Plan (WIPP), of its intent to investigate heat stress-related events and chemical exposures at WIPP. The events, occurring from July through October 2018, include multiple overexposures to hazardous chemicals, including carbon tetrachloride, nitrogen dioxide, and sulfur dioxide, as well as a series of heat-stress incidents.
ICAN (International Campaign to Abolish Nuclear Weapons) believes that the success of people-powered change and the leadership of the majority of nations supporting the TPNW is a positive development these last years. ICAN’s success and the TPNW is a turning point for the world, and we will be working to turn it backwards from now.
Topline
– The success of the Treaty on the Prohibition of Nuclear shows that the vast majority of nations are taking action to solve the problem of nuclear weapons. – A global movement against nuclear weapons is starting to turn the tide against nuclear weapons. – Nuclear weapons are inhumane weapons of mass destruction that targets civilian populations and their use will violate international laws. The threat of Doomsday will exist until we eliminate these weapons. It is the only sane thing to do.
Supporting message – We have many reasons to be hopeful, 70 countries have signed the Treaty to ban all nuclear weapons and the Treaty on the Prohibition of Nuclear Weapons is on its way to enter into force within a year – Nine states are continuing to threaten the world with their weapons of mass destruction. We can’t simply wait for them to reverse course, all governments, cities, parliamentarians and people must contribute to nuclear disarmament efforts by supporting the TPNW – We need to continue bringing democracy to disarmament in the face of unilateral threats to the security of humanity – Trump has proven that when it comes to nuclear weapons agreements he is a wrecking ball not a builder. By undermining the INF treaty, the United States and Russia must stop celebrate their ‘Doomsday’ capabilities and return to the negotiating table to stop the new nuclear arms race.
Europe specific – A new nuclear arms race between the US and Russia threatens the cities of Europe. This is the moment for Europe to show leadership by ending their obstruction to the Treaty on the Prohibition of Nuclear Weapons and make it clear they will not participate in a new arms race.
“Away from the media spotlight, massive progress is being made by a broad coalition of people dedicated to prohibiting and eliminating nuclear weapons. Stopping the slide towards midnight in the past year has been a Herculean task but we are slowly but surely turning the corner on a new more secure future. While the US and Russia embark on a new nuclear arms race, 70 countries have signed the Treaty to ban nuclear weapons, cities and regional governments are committing to the Treaty, and banks and pension funds are divesting from nuclear weapons production. Yes, there is so much work still to be done to save us from these reckless nuclear armed states, but today is a day to recognise the progress we are making for sanity in the face of irrational threats.”
Beatrice Fihn – Executive Director International Campaign to Abolish Nuclear Weapons
The SWB was qualified by the U.S. Department of Energy (USDOE) in 1988.
NukeWatch Joins Suit To Stop WIPP Expansion
On January 17, 2019, Southwest Research and Information Center (SRIC) and Nuclear Watch New Mexico (NWNM) filed an appeal in the New Mexico Court of Appeals to overturn the New Mexico Environment Department (NMED) approval of the Waste Isolation Pilot Plant (WIPP) Disposal Volume permit modification, which was issued on December 21, 2018.
The modification would allow expansion of WIPP’s capacity by approximately 30 percent and was issued over the repeated opposition of many New Mexico organizations.
NISG (Nuclear Issues Study Group) worked to get a resolution opposing the transportation of High Level Radioactive Waste in front of the City of Belen. The Belen City Council passed the resolution on Nov. 19th! It was 3 votes yes and 1 abstention. Belen is the 18th City or county or chapter house to pass it in New Mexico and Texas.
“Gateway Drug to Nuclear War” Feeds More Nuke Addiction
The Trump Administration’s high policy document, the Nuclear Posture Review (NPR), released February 2, includes recommendations for the deployment of lower yield, “more usable” nuclear warheads. This will only feed the US addiction to nukes.
So while the [NPR’s] recommendations won’t necessarily be a surprise, what is less public is the bitter battle during its drafting that pitted senior Army and Navy warriors against nuclear wonks inside the Defense Department. That fight—over the exorbitant costs associated with the NPR, and charges that it could make nuclear war more likely—are bound to continue through implementation.
“It’s one thing to write a policy,” a senior Pentagon civilian privy to the NPR fight told The American Conservative, “and it’s another thing to have it implemented. What the NPR is recommending will break the bank, and a lot of people around here are worried that making nuclear weapons more usable isn’t what we should be doing. The conventional military guys have dug in their heels, they’re dead-set against it. This battle isn’t over.”
In effect, the congressionally mandated review calls for the U.S. to deploy two new types of lower yield nuclear warheads, generally defined as nuclear bombs below a five kiloton range (the one dropped on Hiroshima was 20 kilotons), that could be fitted onto a submarine-launched ballistic missile, and one, yet to be developed, that would be fitted onto a submarine-launched cruise missile. Additionally, the NPR calls for “recapitalizing” the complex of nuclear laboratories and plants, which, taken together with the proposed modernization program of the U.S. nuclear arsenal (the “triad”), will almost certainly cost in excess of the estimated price tag of $1.2 trillion over the next 30 years.
The article continues that Army and Navy officers worry that senior administration officials would promote massive new funding initiatives at the expense of badly needed funding for conventional military readiness. They also worry, more urgently, that the administration would put the nation on the slippery slope to nuclear escalation.
NukeWatch’s bottom line: Addiction to nukes is a potentially world-ending problem.
Trump’s Nuclear Posture Review goes in the opposite direction of meeting our long-term need to eliminate the one class of weapons of mass destruction that can truly destroy our country. It will instead set back nonproliferation and arms control efforts across the globe, and further hollow out our country by diverting yet more huge sums of money to the usual fat defense contractors at the expense of public education, environmental protection, natural disaster recovery, etc. Under the Trump Administration, expect Medicare and Social Security to be attacked to help pay for a false sense of military security. Trump’s Nuclear Posture Review is part and parcel of that.
Nuclear Watch New Mexico seeks to promote safety and environmental protection at nuclear facilities; mission diversification away from nuclear weapons programs; greater accountability and cleanup in the nation-wide nuclear weapons complex; and consistent U.S. leadership toward a world free of nuclear weapons. Please help support NukeWatch.
Cost of Nuclear Weapons Upgrades and Improvements Increases to $1.2 Trillion
Today, in Washington, DC, the Congressional Budget Office released its new report Approaches for Managing the Costs of U.S. Nuclear Forces, 2017 to 2046, which it summarized as:
The Congressional Budget Office estimates that the most recent detailed plans for nuclear forces, which were incorporated in the Obama Administration’s 2017 budget request, would cost $1.2 trillion in 2017 dollars over the 2017–2046 period: more than $800 billion to operate and sustain (that is, incrementally upgrade) nuclear forces and about $400 billion to modernize them.
That planned nuclear modernization would boost the total costs of nuclear forces over 30 years by roughly 50 percent over what they would be to only operate and sustain fielded forces, CBO estimates. During the peak years of modernization, annual costs of nuclear forces would be roughly double the current amount. That increase would occur at a time when total defense spending may be constrained by long-term fiscal pressures, and nuclear forces would have to compete with other defense priorities for funding.
To put this in perspective, the Congressional Research Service has estimated the total post-9.11 costs of the “Global War on Terrorism” at $1 trillion and all of World War II at $4 trillion. It is also roughly the same amount that the Trump Administration is beginning to push for in questionable missile defense technologies and tax cuts for the already rich, adding to uncertainties how the average American taxpayer can afford it.
Expanded U.S. nuclear capabilities under the rubric of “modernization” include:
The wholesale rebuilding of the Department of Energy’s production complex for nuclear weapons, with new and/or upgraded manufacturing plants for nonnuclear, plutonium and highly enriched uranium components expected to be operational until ~2080;
Completely new intercontinental ballistic missiles, destabilizing cruise missiles, heavy bombers and submarines to deliver the rebuilt nuclear weapons.
Driving this astronomical expense is the fact that instead of maintaining just the few hundred warheads needed for the publicly claimed policy of “deterrence,” thousands of warheads are being refurbished and improved to fight a potential nuclear war. This is the little known but explicit policy of the U.S. government. As a top-level 2013 Defense Department policy document put it, “The new guidance [in Obama’s 2010 Nuclear Posture Review] requires the United States to maintain significant counterforce capabilities against potential adversaries. The new guidance does not rely on a “counter-value’ or “minimum deterrence” strategy.”
A new Nuclear Posture Review under President Trump is currently scheduled for release in Spring 2018. Among other things, it is expected to overturn the 2010 Nuclear Posture Review’s prohibition against new-design nuclear weapons, possibly promoting more usable “mini-nukes”, and to shorten the lead-time necessary to resume full-scale nuclear weapons testing.
Nuclear weapons “modernization” is a Trojan horse for the indefinite preservation and improvement of the US nuclear weapons arsenal, contrary to the 1970 Nuclear NonProliferation Treaty and the nuclear weapons ban treaty passed this last June by 122 nations at the United Nations (for which the International Campaign to Abolish Nuclear Weapons was awarded the Nobel Peace Prize). Contrary to those treaties, all eight existing nuclear weapons powers are modernizing their nuclear stockpiles, while the newest ninth power North Korea is engaged in heated, bellicose rhetoric with President Trump. But clearly the astronomical expense of US nuclear weapons modernization is not needed to deal with North Korea.
Ironically, “modernization” may actually undermine national security because the nuclear weapons labs (Los Alamos, Livermore and Sandia) are pushing radically new weapons designs that can’t be full-scale tested, or, alternatively, if they were to be tested would have severe international proliferation consequences. The most prudent way to maintain stockpile safety and reliability would be to hew to the extensively tested pedigree of the existing stockpile while performing rigorous surveillance and well proven methods of maintenance, including the routine exchange of limited life components. As a 1993 Stockpile Life Study by the Sandia Labs concluded:
It is clear that, although nuclear weapons age, they do not wear out; they last as long as the nuclear weapons community (DOE and DOD) desires. In fact, we can find no example of a nuclear weapons retirement where age was ever a major factor in the retirement decision. (Parenthesis in the original.)
While the 1993 Sandia Stockpile Life Study is obviously dated, it is still relevant because no new-design nuclear weapons have been manufactured since then (which may soon change). Further, the findings of that study have since been bolstered by subsequent expert independent studies (see, for example, https://nukewatch.org/facts/nwd/JASON_ReportPuAging.pdf and https://fas.org/irp/agency/dod/jason/lep.pdf).
Nevertheless, under nuclear weapons “modernization” the labs are pushing so-called Interoperable Warheads for both land and sub-launched ballistic missiles that will combine elements of three different warheads into a new untested design. The Los Alamos Lab is now tooling up to produce new plutonium pits for those warheads, which will not be exact replicas, thus introducing uncertainties into performance reliability. To compound the irony, the US Navy doesn’t even want the Interoperable Warhead (see https://nukewatch.org/importantdocs/resources/Navy-Memo-W87W88.pdf and http://seapowermagazine.org/stories/20170525-IW.html).
Jay Coghlan, NukeWatch Director, commented, “The American public is being sold a bill of goods in so-called nuclear weapons modernization, which will fleece the taxpayer, enrich the usual giant defense contractors, and ultimately degrade national security. Inevitably this won’t be the last major price increase, when the taxpayer’s money could be better invested in universal health care, natural disaster recovery, and cleanup of the Cold War legacy wastes. Nuclear weapons programs should be cut while relying on proven methods to maintain our stockpile as we work toward a future world free of nuclear weapons. That is what would bring us real security.”
# # #
Estimated Costs of US Nuclear Weapons for the next 30 years
The Congressional Budget Office’s report Approaches for Managing the Costs of U.S. Nuclear Forces, 2017 to 2046, October 2017, is available at https://www.cbo.gov/publication/53211
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.”
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 https://web.archive.org/web/20170615022416/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.
Prior to this lawsuit, a federal safety board also raised concerns over seismic risks at the UPF and at two older buildings Y-12 plans to continue using.
A lawsuit filed last week against the Department of Energy and National Nuclear Security Administration (NNSA) alleges the government agencies ignored new information about seismic risks during a second environmental review on Y-12 National Security Complex’s Uranium Processing Facility.
The Oak Ridge Environmental Peace Alliance filed the lawsuit in Washington with Nuclear Watch New Mexico and the Natural Resources Defense Council to stop the building’s construction until another environmental review is completed.
The plaintiff organizations asserted revised plans for the Uranium Processing Facility are significantly different from those the NNSA analyzed in 2011. They said NNSA’s supplementary environmental review of the revised plans only covered earthquake risks at the new facility, and not the two legacy buildings Y-12 plans to continue using.
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 real shame is how ineffective Lab cleanup of the hexavalent chromium plume is. First, even after 18 years, LANL and DOE still don’t know the boundaries of the plume, all the while claiming it’s not on San Ildefonso Pueblo Land (maybe LANL should deprioritize expanded nuclear weapons production and focus on that). Second, this is our common “sole source” (EPA special designation) aquifer that is one of the primary sources of drinking water for the cities of Santa Fe, Española, and Los Alamos, eleven Pueblos and all of the Española Basin’s rural areas. Third, hex chromium is the carcinogen made notorious in the popular movie Erin Brockovich. Fourth, it is estimated that 160,000 pounds of chromium were released up until 1972, but only 10% (i.e. ~16,000 pounds) has been recovered through extraction and treatment. When the head of DOE Environmental Management Los Alamos Office was asked where’s the rest of the chromium, Michael Mikolanis demurred and said that he would have to get back on that question.
