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.
The original mission of the Waste Isolation Pilot Plant (WIPP) in southeastern New Mexico had two specific stipulations: it was to be the FIRST and only operating underground nuclear waste repository in U.S; and it is ONLY authorized to take a certain kind of nuclear weapons waste – legacy transuranic (TRU) waste. In December of last year, the U.S. Department of Energy published a notice of intent to expand WIPP. The notice details expansion of the plant in two ways: capacities and types of waste permissible, as well as extended storage/operation timelines. The federal government’s plans would expand the size of the nuclear weapons dump to more than twice its current size and more than is allowed: Federal law and legal agreements with New Mexico clearly limit the amount of waste at WIPP, but the expansion would allow more than that capacity (as described in the April 2020 National Academy of Sciences Report “Review of the Department of Energy’s Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant.”) This means an increased volume of waste, as well as an increased number of shipments travelling to WIPP over the entire rest of the century.
Santa Fe, NM – Today the Department of Energy’s semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (NNSA), announced that it will not complete a new site-wide environmental impact statement for the Los Alamos National Laboratory (LANL). The last site-wide environmental impact statement was in 2008.
Since that time a catastrophic wildfire burned to the western boundary of the Lab (likely to occur more frequently with climate change); an exploding radioactive waste drum improperly prepared by LANL shut down the Waste Isolation Pilot Plant for three years, costing taxpayers ~$3 billion to reopen; the full extent and depth of a hexavalent chromium plume contaminating the regional groundwater is still not fully determined; and LANL’s long track record of chronic nuclear safety incidences remain unresolved.
The Waste Isolation Pilot Plant (WIPP), located outside Carlsbad, NM. is the nation’s only geologic repository for defense-generated transuranic waste. The Department of Energy (DOE) is accepting comments on its 2019-2024 “Strategic Plan”, which should be focused on closing WIPP. But the Plan focuses on extending WIPP’s lifetime to 2050 and beyond. WIPP’s disposal phase was extended until 2024 (in 2010), and the last expected year of final closure of the WIPP facility (i.e., date of final closure certification) was to be 2034. There was always a 10-year period for final closure after the disposal operations ceased.
But, instead, the WIPP Strategic Plan is stocked full of new projects that will extend WIPP’s life another 25 years at least. Yet, WIPP officials don’t mention how or when they plan to modify the State Permit with the new proposed date. DOE’s own waste-handling inefficiencies and mistakes have caused this delay that the people of New Mexico are now paying for by having WIPP open longer than planned. We are asking everyone to oppose DOE’s “WIPP Forever” plans by sending in comments. See below.
DOE Moves Forward With Unneeded New Shaft at WIPP
Originally billed as a replacement exhaust shaft to help WIPP recover from the 2014 exploding drum event that shut down WIPP for three years, a proposed new shaft is now designed to increase WIPP’s capacity. WIPP officials have repeatedly stated that after a new filter building is complete, WIPP will have returned to its pre-2014 capacity without the new shaft. The $75 million new fifth shaft would increase the mining and waste handling capacity by 25% at any given time.
One would think that increasing the annual ability to emplace waste at WIPP would help keep the repository on track to stop receiving waste by its original date of 2024. But along with the annual increased mining and disposal capacity, DOE has also released a Strategic Plan to extend WIPP’s waste disposal deadline to 2052.
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.
A recent report from the Defense Nuclear Facilities Safety Board (DNFSB) explains the DNFSB’s calculations on the proposed new (estimated at nearly $300 million) safety significant confinement ventilation system (SSCVS).
By Scott Kovac, Operations and Research Director
The White House released the top line numbers of its fiscal year 2020 Congressional budget request and, although there are some increases heading to New Mexico, they are not the increases that we’d like to see. It’s called – A Budget For a Better America, Promises Kept. Taxpayers First. but only Defense and Department of Energy (DOE) weapons contractors are going to think that anything is better. Meanwhile the rest of us taxpayers will, first and foremost, be looking at cuts to programs that affect us daily.
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.
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.
Today the National Nuclear Security Administration (NNSA) announced:
To achieve DoD’s [the Defense Department] 80 pits per year requirement by 2030, NNSA’s recommended alternative repurposes the Mixed Oxide Fuel Fabrication Facility at the Savannah River Site in South Carolina to produce plutonium pits while also maximizing pit production activities at Los Alamos National Laboratory in New Mexico. This two-prong approach – with at least 50 pits per year produced at Savannah River and at least 30 pits per year at Los Alamos – is the best way to manage the cost, schedule, and risk of such a vital undertaking.
First, in Nuclear Watch’s view, this decision is in large part a political decision, designed to keep the congressional delegations of both New Mexico and South Carolina happy. New Mexico Senators Tom Udall and Martin Heinrich are adamantly against relocating plutonium pit production to South Carolina. On the other hand, South Carolina Senator Lindsay Graham was keeping the boondoggle Mixed Oxide (MOX) program on life support, and this pit production decision may help to mollify him. This could also perhaps help assuage the State of South Carolina, which is suing the Department of Energy for failing to remove plutonium from the Savannah River Site as promised.
But as important is what is NOT in NNSA’s plutonium pit production decision:
• There is no explanation why the Department of Defense requires at least 80 pits per year, and no justification to the American taxpayer why the enormous expense of expanded production is necessary.
• NNSA avoided pointing out that expanded plutonium pit production is NOT needed to maintain the safety and reliability of the existing nuclear weapons stockpile. In fact, no production of plutonium pits for the existing stockpile has been scheduled since 2011, and none is scheduled for the future.
• NNSA did not mention that in 2006 independent experts found that pits last a least a century. Plutonium pits in the existing stockpile now average around 40 years old. The independent expert study did not find any end date for reliable pit lifetimes, indicating that plutonium pits could last far beyond just a century.
• NNSA did not mention that up to 15,000 “excess” pits are already stored at the Pantex Plant near Amarillo, TX, with up to another 5,000 in “strategic reserve.” The agency did not explain why new production is needed given that immense inventory of already existing plutonium pits.
• Related, NNSA did not explain how to dispose of all of that plutonium, given that the MOX program is an abysmal failure. Nor is it made clear where future plutonium wastes from expanded pit production will go since operations at the troubled Waste Isolation Pilot Plant are already constrained from a ruptured radioactive waste barrel, and its capacity is already overcommitted to existing radioactive wastes.
• NNSA did not make clear that expanded plutonium pit production is for a series of speculative future “Interoperable Warheads.” The first IW is meant to replace nuclear warheads for both the Air Force’s land-based and the Navy’s sub-launched ballistic missiles. The Obama Administration delayed “IW-1” because the Navy does not support it. However, the Trump Administration is restarting it, with annual funding ballooning to $448 million by 2023, and “IW-2” starting in that same year. Altogether the three planned Interoperable Warheads will cost at least $40 billion, despite the fact that the Navy doesn’t support them.
• NNSA’s expanded plutonium pit production decision did not mention that exact replicas of existing pits will NOT be produced. The agency has selected the W87 pit for the Interoperable Warhead, but its FY 2019 budget request repeatedly states that the pits will actually be “W87-like.” This could have serious potential consequences because any major modifications to plutonium pits cannot be full-scale tested, or alternatively could prompt the U.S. to return to nuclear weapons testing, which would have severe international proliferation consequences.
• The State of South Carolina is already suing the Department of Energy for its failure to begin removing the many tons of plutonium at the Savannah River Site (SRS). NNSA’s pit production decision will not solve that problem, even as it will likely bring more plutonium to SRS.
• The independent Defense Nuclear Facilities Safety Board has expressed strong concerns about the safety of plutonium operations at both the Los Alamos National Laboratory (LANL) LANL and SRS, particularly regarding potential nuclear criticality incidents. NNSA did not address those safety concerns in its plutonium pit production decision.
• Politicians in both New Mexico and South Carolina trumpet how many jobs expanded plutonium pit production will create. Yet NNSA’s expanded plutonium pit production decision does not have any solid data on jobs produced. One indicator that job creation will be limited is that the environmental impact statement for a canceled $6 billion plutonium facility at LANL stated that it would not produce a single new Lab job because it would merely relocate existing jobs. Concerning SRS, it is doubtful that pit production could fully replace the jobs lost as the MOX program dies a slow death. In any event, there certainly won’t be any data on the greater job creation that cleanup and renewable energy programs would create. Funding for those programs is being cut or held flat, in part to help pay for nuclear weapons programs.
• Finally, the National Environmental Policy Act (NEPA) requires that major federal proposals be subject to public review and comment before a formal decision is made. NNSA’s decision does not mention its NEPA obligations at all. In 1996 plutonium pit production was capped at 20 pits per year in a nation-wide Stockpile Stewardship and Management Programmatic Environmental Impact Statement (PEIS). NNSA failed to raise that production limit in any subsequent NEPA process, despite repeated attempts. Arguably a decision to produce 80 pits or more per year requires a new or supplemental nation-wide programmatic environmental impact statement to raise the production limit, which the new dual-site decision would strongly augment. This then should be followed by whatever site-specific NEPA documents might be necessary.
Jay Coghlan, Nuclear Watch Director, commented, “NNSA has already tried four times to expand plutonium pit production, only to be defeated by citizen opposition and its own cost overruns and incompetence. But we realize that this fifth attempt is the most serious. However, we remain confident it too will fall apart, because of its enormous financial and environmental costs and the fact that expanded plutonium pit production is simply not needed for the existing nuclear weapons stockpile. We think the American public will reject new-design nuclear weapons, which is what this expanded pit production decision is really all about.”
# # #
 See 2012 Navy memo demonstrating its lack of support for the Interoperable Warhead at https://www.nukewatch.org/importantdocs/resources/Navy-Memo-W87W88.
 For example, see Safety concerns plague key sites proposed for nuclear bomb production, Patrick Malone, Center for Public Integrity, May 2, 2108, https://www.usatoday.com/story/news/nation/2018/05/02/safety-concerns-nuclear-bomb-manufacture-sites/572697002/
Call to action!
Comments on WIPP Expansion Needed By April 3rd
Informational Meeting Is March 8th
New Mexico is under growing nuclear attack.
· Plutonium pit production increases are planned for Los Alamos.
· There are serious plans for all of the nation’s commercial spent nuclear fuel to head to NM.
· WIPP has a major expansion in the works to allow even more radioactive waste into NM.
Today we ask you to join with others to stop a proposed major Waste Isolation Pilot Plant (WIPP) expansion. Officials at the WIPP are proceeding with a deluge of permit modifications to try to get as much weakening of the Hazardous Waste Permit as they can before 2019.
Because DOE is so far behind emplacing waste at WIPP, including because of the three-year shutdown from the 2014 radiation release, and they are running out of underground space, they want to change the way waste volume is measured. Since the 1970s, DOE has agreed that the amount of waste is the volume of the outer-most container. Now, DOE wants to estimate the amount of waste inside each container and use that lesser amount.
By April 3, we need You to submit written comments opposing DOE’s request. If possible, you can find out more at a public meeting (which isn’t for public comments):
“Clarification” of TRU Mixed Waste Disposal Volume Reporting
Thursday, March 8, 2018 3 – 5 p.m.
Courtyard by Marriott, 3347 Cerrillos Road, Santa Fe, New Mexico
DOE’s request is at: http://wipp.energy.gov/rcradox/rfc/Volume_of_Record.pdf
What to expect at this March 8 meeting:
· Interested people, including NM Environment Department officials, gathered to discuss this issue in one of the smaller conference rooms
· Optional sign-in sheet, and DOE handouts of their presentation
· A presentation of the proposed plan by DOE
· Question and answer period – Make sure you get all your questions answered
· No opportunity for formal public comments
WIPP is now filling Panel 7 (of 10 originally proposed), which is about 70% of the space. But WIPP has only emplaced ~92,700 m3 of waste (about 53% of the 175,564 m3 allowed). DOE has “lost” more than 30,000 m3 of space by its inefficiency and contractor incompetence. Measuring the waste the proposed new way decreases the ‘amount of waste’ emplaced to date by ~26,000 m3.
The proposed modification is controversial and is part of a larger plan to expand WIPP, but is submitted as a Class 2 Permit Modification Request (PMR), which has lesser public input opportunities. The public has opposed WIPP expansion for years and decades. There is significant public concern and interest in the WIPP facility. This PMR should be a Class 3, which includes much more public input, a formal public hearing — a process that could take up to a year.
We will provide sample comments by April 3rd, but your comments are just as important.
The complete Permit Modification Request is here –
Class 2 Permit Modification Request Clarification of TRU Mixed Waste Disposal Volume Reporting Waste Isolation Pilot Plant Permit, Number NM4890139088-TSDF dated January 31, 2018
By April 3, please mail or fax or e-mail comments to:
Mr. Ricardo Maestas
New Mexico Environment Department
2905 Rodeo Park Drive East, Building 1
Santa Fe, NM 87505
On December 17, 2017, the Department of Energy (DOE) awarded a separate $1.4 billion contract for cleanup at the Los Alamos National Laboratory (LANL) to Newport News Nuclear BWXT-Los Alamos, LLC (also known as “N3B”). This award followed a DOE decision to pull cleanup from LANL’s prime contractor, Los Alamos National Security, LLC (LANS), after it sent an improperly prepared radioactive waste drum that ruptured underground at the Waste Isolation Pilot Plant (WIPP). That incident contaminated 21 workers and closed WIPP for nearly three years, costing taxpayers at least $1.5 billion to reopen.
Tetra Tech Inc is a major subcontractor for N3B in the LANL cleanup contract. Tetra Tech is part of Tech2 Solutions, and will be responsible for the groundwater and storm water programs at LANL that are of intense interest to the New Mexico Environment Department and citizen environmentalists. To date, these programs have been supported by several New Mexico small businesses that will be displaced by Tetra Tech.
Serious allegations of fraud by Tetra Tech were raised long before the LANL cleanup contract was awarded. The US Navy found that the company had committed wide spread radiological data falsification, doctored records and supporting documentation, and covered-up fraud at the Hunters Point Naval Shipyard cleanup project in San Francisco, CA. See media links and excerpts below.
The award of the LANL cleanup contract that includes Tetra Tech raises serious questions about the DOE’s contract evaluation and award process, and the Department’s due diligence in reviewing the performance histories of companies bidding for DOE work. To put this in broad perspective, the DOE’s nuclear weapons and cleanup programs have the singular distinction of being on the congressional Government Accountability Office’s High Risk List for fraud, waste and abuse since 1990.
Potential groundwater contamination is of intense interest to New Mexicans. As late as 1996 the Los Alamos Lab was officially declaring that groundwater contamination was impossible because the overlying volcanic tuff was “impermeable.” LANL even went so far as to request a waiver from NMED to not have to monitor groundwater contamination at all (which fortunately NMED denied). What the Lab, which advertises its “scientific excellence,” omitted to say is that the Parajito Plateau’s geology is highly complex and deeply fractured, providing ready pathways for contaminants to reach groundwater. Indeed, in just the last few months Nuclear Watch forced LANL to admit that its chromium hexavalent-6 groundwater contamination plume is much bigger than previously thought.
Scott Kovac, Nuclear Watch Research Director, commented, “It took years for the DOE Environmental Management Office in Los Alamos to put a cleanup contract in place. We are seriously disappointed that there are major problems before the contract even starts. This situation shines a light on the cozy DOE contractor system, where every cleanup site has different combinations of the same contractors. Call it different trees, but the same old monkeys, where the real priority is to profit off of taxpayers dollars before a shovel turns over any waste.”
Jay Coghlan, Nuclear Watch Director, added, “The entire LANL cleanup program needs to be rethought.” In September 2016 DOE released a 2016 Lifecycle Cost Estimate Summary of proposed future cleanup at LANL. At the beginning of that document the Department declared, “An estimated 5,000 cubic meters of legacy waste remains, of which approximately 2,400 cm [cubic meters] is retrievably stored below ground”, which was widely reported in New Mexican media. From there DOE estimated that it will cost $2.9 to $3.8 billion to complete so-called cleanup around 2040, which is woefully low.
However, the DOE report was far from honest. It intentionally omitted 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 admits 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.
“In sum,” Coghlan concluded, “DOE should take a cue from the president and tell TetraTech “you’re fired!” Beyond that, after the current governor gets out of the way, the New Mexico Environment Department should completely reevaluate cleanup at LANL and force the Lab to genuinely clean up, which it is failing to do now.”
# # #
Media excerpts (copying URLs into browser is recommended):
June 29, 2017, well before the LANL cleanup contract was awarded- https://www.sfgate.com/bayarea/article/Ex-SF-Navy-shipyard-workers-allege-fraud-in-11257774.php
Ex-SF Navy shipyard workers allege fraud in radiation cleanup By J.K. Dineen Published 9:06 pm, Thursday, June 29, 2017 “The cleanup of radioactive contamination at the Hunters Point Shipyard was marred by widespread fraud, faked soil samples, and a high-pressure culture where speed was valued over accuracy and safety, according to four former site workers…” “Questions over the accuracy of the soil tests emerged in October 2012, when the Navy discovered that some results were inconsistent with results from previous samples collected in the same areas.” “In a statement, Tetra Tech spokesman Charlie MacPherson said the company “emphatically denies the allegations made by individuals at today’s news conference that Tetra Tech engaged in a cover-up of fraud on the Hunters Point Naval Shipyard.”
Navy: Do-over of $250 million cleanup at Hunters Point necessary Unknown delay for city’s biggest redevelopment project By Chris Roberts@cbloggy “…According to a review of Tetra Tech’s data, triggered by allegations of fraud first made in 2011 and 2012, as much as half of Tetra tech’s work contains problems. That’s enough for the Navy to lose trust in all of the company’s data, Derek Robinson, the Navy’s coordinator for cleanup at the shipyard, said in an interview on Tuesday. “We’ve lost confidence” in Tetra Tech’s work, said Robinson. “All areas” at the shipyard where Tetra Tech did work will be re-tested, beginning as early as this summer… Problems with Tetra Tech’s data first surfaced in 2011 and 2012, when contractors and workers at the shipyard stepped forward with allegations of fraud…”
Jan 26, 2018 https://sf.curbed.com/2018/1/26/16916742/hunters-point-shipyard-toxic-cleanup Almost half of toxic cleanup at Hunters Point Shipyard is questionable or faked, according to initial review City’s goals for housing, affordable housing in doubt after fraud at city’s biggest redevelopment project “much worse” than thought By Chris Roberts@cbloggy,
 The dangers of chromium-hexavalent 6 were made famous in the film Erin Brocovitch.
 The Department of Energy’s 2016 Lifecycle Cost Estimate Summary for LANL cleanup is available at http://nukewatch.org/importantdocs/resources/LBC-Summary-Aug-2016.pdf
 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
Check out our new Nuclear New Mexico map.
There’s more information here on all of these sites.
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.”
# # #
Nuclear Watch New Mexico Action Alert
NM Environment Department Plans to Unveil Revised Los Alamos Cleanup Agreement
March 30, 2016, 1PM, Sandia Resort
Public Comment Is Invited
Los Alamos Cleanup At the Crossroads
NM Environment Department and officials from Los Alamos National Laboratory plan to roll out a draft of the revised Consent Order, which is the agreement for fence-to-fence cleanup of legacy Cold War waste from nuclear weapons production and research. The last compliance date of the original agreement was December 6, 2015, and although much investigation was completed, much more work is still needed.
Nuclear Watch New Mexico believes
- A new schedule is mostly what is needed
- Lack of budget cannot be an excuse for lack of cleanup
- Particular items to keep – meaningful public comment and a final date
But we suspect big changes and not all for the better protection of Northern NM.
Your voice will be important! Please join us!
Northern New Mexico Citizens’ Advisory Board Meeting
March 30, 2016
1:00 p.m. to 5:15 p.m.
Sandia Resort, Ballroom A
30 Rainbow Road
Albuquerque, New Mexico 87113
Time Action Presenter
1:00 p.m. Call to Order Lee Bishop, DDFO
Welcome and Introductions Doug Sayre, Chair
Approval of Agenda
Approval of Minutes of January 27, 2016
1:20 p.m. Old Business
a. Written Reports – See Packet Enclosures (5 minutes)
b. Other items
1:30 p.m. New Business
1:35 p.m. Update from Deputy Designated Federal Officer(s)
Lee Bishop/Michael Gardipe
1:45 p.m. Presentation on Revisions to Consent Order,
Upon Opening of Public Comment Period
NMED Secretary Ryan Flynn
3:00 p.m. Break
3:20 p.m. Presentation Continues
4:00 p.m. Public Comment Period
4:15 p.m. Update on FY 17/18 EM Budget Genna Hackett
4:45 p.m. Consideration and Action on Draft Recommendation 2016-02, Doug Sayre
“FY 2018 Budget Priorities”
5:00 p.m. Wrap-up Comments from NNMCAB Members
a. Were your questions answered regarding the presentations?
b. Requests for future presentations or information
c. Proposed Recommendations
5:15 p.m. Adjourn Michael Gardipe
For more information:
This NNMCAB Agenda-
Los Alamos Cleanup At the Crossroads
New Cleanup Agreement Requires New Schedule and That Is About All
Nuclear Watch NM Gives Notice of Intent to Sue Over Lack of Cleanup at the Los Alamos Lab
NukeWatch Calls for Public Seats at the Table in LANL Cleanup Negotiations
Through comprehensive research, public education and effective citizen action, Nuclear Watch New Mexico seeks to promote safety and environmental protection at regional nuclear facilities; mission diversification away from nuclear weapons programs; greater accountability and cleanup in the nation-wide nuclear weapons complex; and consistent U.S. leadership toward a world free of nuclear weapons.
Nuclear Watch New Mexico
903 W. Alameda, #325
Santa Fe, NM 87501
505.989.7342 – phone and fax
STAND AGAINST THE RUSH TO RE-OPEN AN UNSAFE WIPP
The U.S. Department of Energy (DOE) has announced that it intends to re-open the Waste Isolation Pilot Plant (WIPP) in December 2016. The nation’s only deep geologic repository, located 26 miles east of Carlsbad, has been shut down since February 2014 because of two events – an underground fire and a radiation release.
DOE is in a rush to re-open WIPP even though the facility cannot meet the previous operational and safety standards, let alone more stringent requirements that are necessary to prevent future accidents. The WIPP underground remains contaminated, so operations have to be greatly changed, including workers being dressed in “ebola suits.” Ventilation will not be restored to the pre-2014 levels until 2021 or later – the new system is not designed and how much it will cost is unknown.
The transuranic (plutonium-contaminated) waste from manufacturing nuclear bombs can be in safe storage at the generator sites, so there is no emergency requiring the rush to re-open.
DOE is rushing to re-open WIPP and ALSO wants to expand WIPP to other missions that are prohibited by law, including:
- Greater-Than-Class C waste from dozens of commercial power plants;
- High-level waste from Hanford, WA;
- Commercial waste from West Valley, NY;
- Surplus weapons-grade plutonium from the Savannah River Site, SC.
DOE also is proceeding with finding a “volunteer” site for the nation’s high-level defense waste, and some officials in southeastern New Mexico say publicly that WIPP should be that repository!
The 1992 WIPP Land Withdrawal Act explicitly PROHIBITS all high-level waste, all spent nuclear fuel, and all commercial waste. But DOE wants to ignore the law!
Those prohibitions resulted from many New Mexicans demanding them!
WHAT YOU CAN DO:
Contact Senators Udall and Heinrich (and other elected officials) and ask them to stop the rush to re-open an unsafe WIPP. Ask them to require DOE to drop the expansion proposals and commit that WIPP will not be considered for high-level waste. Ask them to have Congress reiterate that the WIPP law is not being changed to allow those expansions.
FOR MORE INFORMATION:
Southwest Research and Information Center, www.sric.org, 505-262-1862
Citizens for Alternatives to Radioactive Dumping, email@example.com, 505-242-5511
Concerned Citizens for Nuclear Safety, www.nuclearactive.org, 505-986-1973
Nuclear Watch New Mexico, www.nukewatch.org, 505-989-7342
Here is a sample letter to use as-is or to modify. You can use the electronic message system at the Senators’ offices.
Senator Udall’s electronic message system: https://www.tomudall.senate.gov/?p=contact
Senator Heinrich’s electronic message system: https://www.heinrich.senate.gov/contact/write-martin
Senator Tom Udall Senator Martin Heinrich
531 Hart Senate Office Building 303 Hart Senate Office Building
Washington, DC 20510 Washington, DC 20510
Dear Senator Udall and Senator Heinrich:
I am very concerned about the Department of Energy (DOE) rushing to re-open WIPP this year despite unresolved public and worker safety issues and because of the many proposals to expand WIPP, if it is re-opened.
The WIPP underground remains contaminated, so operations have to be greatly changed, including workers being dressed in “ebola suits.” Ventilation will not be restored to the pre-2014 levels until 2021 or later – the new system is not designed and how much it will cost is unknown.
The transuranic (plutonium-contaminated) waste from manufacturing nuclear bombs can be in safe storage at generator sites, so there’s no emergency requiring the rush to re-open.
DOE recently announced that it wants to expand WIPP for commercial Greater-than-Class C (GTCC) waste from nuclear reactors and for tons of weapons-grade plutonium. DOE also wants to have a defense high-level waste repository and some people want to “volunteer” WIPP!
There is time for my requests to be fulfilled. Please:
* Tell DOE to improve the ventilation and other safety requirements before WIPP re-opens
* Insist that DOE drop the expansion proposals
* Require DOE to affirm that WIPP will not be considered for the defense high-level waste repository
* Obtain additional congressional assurances that the WIPP law is not going to be changed to allow the proposed expansions.
WIPP is a public health and safety issue now and for many generations to come!
Address City State Zip
Los Alamos Cleanup At the Crossroads:
Treat All Los Alamos Lab Radioactive Wastes Consistently
The Defense Nuclear Facilities Safety Board’s role and responsibility includes gathering information regarding the hazards to the public and workers posed by the management of transuranic (TRU) wastes at Los Alamos National Laboratory (LANL), as well as the Department of Energy’s (DOE) plans to address those hazards. The Board will examine DOE’s actions taken or inadequacies addressed in the current safety policies of the various facilities that manage or store TRU wastes at LANL. The Board is also interested in understanding actions taken to improve TRU waste management at LANL after the improper handling and treatment of TRU wastes that resulted in a ruptured barrel that shut down the Waste Isolation Pilot Plant (WIPP).
Los Alamos Cleanup At the Crossroads
New Cleanup Agreement Requires New Schedule and That Is About All
Following protracted negotiations, threatened litigation, and claims of imminent and substantial endangerment, the New Mexican Environment Department (NMED), the Department of Energy (DOE) and the Los Alamos National Laboratory (LANL) contractor agreed to sign the original Consent Order in March 2005. Its promise was fence-to-fence cleanup of Cold War legacy waste at Los Alamos. The 2005 Consent Order was designed as a plan-to-make-a-plan, with investigations followed by cleanup and with hundreds of specific milestones. The intent was to convince DOE to increase funding for LANL cleanup by making a complete cleanup schedule subject to enforcement. The original CO had a “final compliance date” scheduled for December 6, 2015.
However, in 2012, NMED signed a “Framework Agreement” with DOE that prioritized the transfer of 3,706 cubic meters of aboveground, “transuranic” (TRU) nuclear bomb production wastes from LANL to the Waste Isolation Pilot Plant (WIPP) in southern New Mexico. This put Consent Order cleanup on the back burner. Approximately 150 milestone extensions of the 2005 CO were granted to LANL by NMED. In February 2014, WIPP was shut down by improper packaging at LANL of a drum of this waste. Dealing with the remaining “suspect” drums (packaged at the same time) at LANL is a major priority lately instead of cleanup. This has kept the Consent Order cleanup on the back burner.
- Just change the schedule
So NMED and LANL could pick a new final cleanup date, say 2030, and work backwards. Or start by adding 4 or 5 years to the old schedule for some reports and work it out from there. The point is to keep the original 2005 Consent Order language, which is very protective of the health and environment of Northern New Mexico, and just change the schedule dates. However the work is rescheduled, all the work items in the old Compliance Schedule Tables need to be addressed in new Compliance Schedule Tables with new dates given for all the work.
Recent public presentations by NMED implied that cleanup milestones in a revised CO would be assigned annually based on the anticipated budget. This would leave hundreds of cleanup items with no target date for completion and would leave cleanup at the mercy of Congressional budget winds. Any cleanup item not on the list for any given year could be outside the scope of enforcement. LANL could be in the position to not put items on the annual list and to delay cleanup forever.
If the schedule must be rearranged into some sort of “Campaign Mode” in an attempt to make cleanup more “efficient”, completion dates must be kept for every step. Every item in the Campaign must remain enforceable with concrete milestones including a final compliance date. All other items not in a Campaign must remain scheduled.
- Lack of budget cannot be an excuse for lack of cleanup
Taking cleanup dollar crumbs and sprinkling them annually over some perceived priority cleanup items is the least efficient way to address the fence-to-fence cleanup of Cold War wastes at Los Alamos. Cleanup of the 70 years worth of contamination will never again be cheaper than it is this year. It is imperative that ambitious schedule be made and that it be kept.
Every day of delay means another day of Cold War radioactive and hazardous wastes leaking into the environment of Northern New Mexico.
- Particular items to keep – meaningful public comment and a final date
NMED Secretary Ryan Flynn stated publicly (starting at 8:00 min) that the need for a final cleanup date at Los Alamos is critical to Congress for funding. He presented a map that showed that Los Alamos National Laboratory was the only DOE weapons site without final cleanup date. (Slide 4) Instead, cleanup at LANL is listed as “TBD” (To Be Determined).
The final compliance date for the last work item must keep the Class 3 permit modification language. Please see our earlier blog for more information. This will ensure that the public can be heard at the end of the next CO and requires the opportunity for a public hearing.
There must be meaningful public input for the revised CO. NMED must give response to all comments.
A well-planned schedule with concrete milestones and final compliance dates would get the work done faster and cheaper. Course corrections with schedule adjustments will have to be made along the way. This would be expected for such a complex task. Having to adjust the schedule is no reason to throw it out. Any major rewrite of the 2005 Consent Order may only leave the future of NM less protected.
Not keeping up with changes in the 2005 Consent Order schedule is the main reason that the CO needs to be revised today. We currently find ourselves with cleanup of legacy wastes in such disarray that it seems that the only fix is to start over. But there is no reason not to just update the original 2005 schedule. Secretary Flynn has stated that the 2005 Consent Order is still in effect.
Today we could be looking at a known Consent Order with a new schedule. Instead we may end up with NMED and DOE renegotiating some untried document with unknown benefits and an unknown schedule.
Cleanup at Los Alamos National Laboratory is too important to leave as TBD.
Michael Coleman had an interesting article for the Albuquerque Journal – Does New Mexico’s future lie in D.C.?
Coleman relates a conversation with NM Senator Tom Udall that made it clear the Senator isn’t ruling a gubernatorial run out.
It’s not surprising to think that Udall – who has been in Washington as a congressman and U.S. senator since 1998 – might want to come home to beautiful Santa Fe and take up residence in the governor’s mansion as a coda to his long political career.
Just two years into his second six-year term in the Senate, Udall could run for governor without giving up his Senate seat, which doesn’t expire until 2020. If he won the 2018 governor’s race, he would appoint his Senate replacement. That kind of power is alluring to any politician.
But as Coleman says, “it’s all just a parlor game at this point.”
Despite Uncertainty of When/If WIPP Will Reopen,
DOE Hatches Plan to Send More Waste
In a recent Albuquerque Journal Editorial Board Editorial: Another WIPP delay spells more tax dollars wasted, we are reminded of the delays affecting the reopening of the Waste Isolation Pilot Plant (WIPP), which has not been disposing radioactive waste since February 2014 when an improperly packed drum from Los Alamos exploded.
Almost two years later, the WIPP contractor struggles to figure out how to clean and reopen the underground repository. Serious concerns revolve around the ventilation system, which not cannot supply the required amount of air now because it must be operated in filter mode ever since WIPP was contaminated.
As the Journal editorial explains,
So while the delays pile up, so do cleanup and reopening costs, which may exceed $500 million.
With bumbling progress like this, it remains to be seen if WIPP will ever reopen.
Yet surprisingly, DOE just released a plan to send MORE waste to WIPP.
A Federal Register notice announces the DOE selection of a Preferred Alternative to prepare 6 metric tons (MT) of surplus non-pit plutonium for eventual disposal at WIPP.
In the Final Environmental Impact Statement (EIS), issued to the public in May 2015, DOE describes the potential environmental impact from alternatives for safe and timely disposition of 13.1 metric tons (14.4 tons) of surplus plutonium for which a disposition pathway is not yet assigned. When the Final EIS was issued, DOE had no Preferred Alternative for the disposition of the 6 metric tons (6.6 tons) of surplus non-pit plutonium.
The Federal Register Notice for DOE/NNSA’s Preferred Alternative for Disposition of Surplus Non-pit Plutonium for the Final Surplus Plutonium Supplemental EIS is expected to be published in the Federal Register by Thursday, December 24, 2015. The Final SPD Supplemental EIS and related information, including the Federal Register notice will also be available on the SPD Supplemental EIS website, and the DOE National Environmental Policy Act website.
Since WIPP doesn’t have capacity (even if it re-opens) for this additional waste, putting it into WIPP would, among other things, displace waste from other site(s) – Idaho, Hanford, Los Alamos, or Oak Ridge.
The Record of Decision will not be released for at least 30 days. Comments are not requested, but can be made, regarding the notice.
Our friends at Southwest Research and Information Center will be making additional comments about this proposed expansion of WIPP.
The WIPP contractor has much to do before the repository can safely reopen. The task may be unachievable. But in the meantime, expanding WIPP’s mission can only make reopening WIPP more schedule driven instead of safety driven.
If DOE wants to make useful plans, how about plans for WIPP’s replacement?
Four Strikes and You’re Out
In stunning news on December 18, Justin Horwath of the SF New Mexican reported that the management and operating contractor of Los Alamos National Laboratory will not have its contract renewed after it ends Sept. 30, 2017. This is stunning because LANS LLC, the M&O contractor, could have potentially run the Lab until for 20 years until 2026, had it not had so many problems.
The annual contract for FY 2016 was over $2.2 billion. This means that Los Alamos National Security (LANS) left upwards of $20 billion (9 years of lost contract) on the table. It’s not often that a company gets the opportunity to make mistakes that costs them $20 billion worth of contracts.
The management of the Lab was privatized when LANS was awarded the contract in 2005. LANS is a partnership between the University of California, Bechtel Corp., Babcock & Wilcox Co., and AECOM (formerly URS). Before 2005 the University of California exclusively managed LANL as a non-profit. The for-profit experiment for managing the Lab will hopefully be reconsidered.
As a reminder, Nuclear Watch NM, along with our friends at Tri-Valley CARES, submitted a bid to manage the Lab back in 2005. We thought the management should be non-profit and that nuclear weapons research should be phased out.
The overall direction of future missions at the Los Alamos National Laboratory (LANL) – We propose to downgrade the Lab’s nuclear weapons programs and subordinate them under a new Associate Directorship of Nuclear Nonproliferation so that it can be better assured that national and international obligations under the NonProliferation Treaty are met.
LANS lost the M&O contract because they failed to earn the “award term” 4 times. The award term is simply another year added to the contract. Section H-13(f) of the current contract states, ‘If the Contractor fails 4 times to earn award term, the operation of this Award Term clause will cease.”
Then, LANS lost award term in 2014 AND had one extra award term that was previously earned taken away because of improperly packing the radioactive waste drum that shut down WIPP.
And LANS lost this award term for 2015. LANL may be negotiating this, but they got a waiver in 2012 that granted them an award term when they didn’t actually earn it. They were told that was their last waiver.
These award terms are based on the Lab’s Performance Evaluation Reports (PERs), which thanks to a successful Freedom of Information Act lawsuit by NukeWatch, are available online. We wonder if having these available to the public could have helped the National Nuclear Security Administration (NNSA) in any way to not give the award terms.
We do thank NNSA and the DOE LA Field Office for sticking to their guns by providing genuine oversight of the Lab this go-around. But the past few years serve as a reminder of the dangerous and difficult side of nuclear weapons work, the continuing health impacts to workers, and the impossibility of isolating the radioactive waste for hundreds of thousands of years. When will the US decide that it’s just not worth it?
The SF New Mexican also tells that NM Congressional delegation has weighed in. We agree with the joint statement issued by U.S. Sens. Tom Udall and Martin Heinrich and U.S. Rep. Ben Ray Luján that, “DOE must hold all of its contractors accountable and be responsible stewards of federal funds.”
But we have some questions about this statement:
“Los Alamos National Laboratory employs some of the best and brightest minds in the country whose contributions are indispensable to our national security. The lab also strengthens our economy by providing quality jobs, and we will always fight to protect its mission. As DOE prepares a new contract proposal, assuring continuity for the employees at LANL and the high-quality scientific, energy, and security contributions they make to our nation will be paramount. We are confident that Los Alamos will continue to have a critical role in national and international security, research and science. We expect to receive further details and regular briefings from NNSA as the process moves forward in the new year.”
The delegation’s joint letter seems to demonstrate how overly concerned they are with LANL’s “mission” of nuclear weapons production and with the institutional benefit of profit-making national security contractors. The Lab’s actual contributions to energy research and basic science are also a small proportion to the taxpayer dollars expended there.
A major rewrite of the Lab’s missions is needed where true national security is not based on nuclear weapons.
For immediate release December 7, 2015
Contacts: Jay Coghlan, jay[at]nukewatch.org
Deadline for Last Cleanup Milestone of LANL Consent Order Passes
NukeWatch Calls for Public Seats at the Table in Negotiations
Santa Fe, NM – Yesterday, December 6, was the deadline for the last compliance milestone in the Consent Order between the New Mexico Environment Department (NMED) and the Department of Energy (DOE) that governs cleanup at the Los Alamos National Laboratory (LANL). Ironically, that last milestone required the submittal of a report by the Lab on how it successfully completed cleanup of Area G, its largest waste dump. Real comprehensive cleanup is decades away at current funding levels. One of the purposes of the 2005 Consent Order was to prod Congress to increase funding for cleanup of 70 years of neglected Cold War contamination at the Lab.
NMED has the final decision on what form cleanup of hazardous wastes takes at LANL. But any revised Consent Order is still off in the future, and the degree of public participation in its formulation yet to be determined by NMED. Meanwhile, LANL 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, 4 miles uphill from the Rio Grande.
Following protracted negotiations and threatened litigation by DOE against NMED, the Environment Department succeeded in getting DOE and the LANL contractor to sign the original Consent Order in March 2005. However, beginning in 2012, NMED signed a “Framework Agreement” with DOE that prioritized the transfer of 3,706 cubic meters of aboveground, monitored “transuranic” (TRU) wastes from nuclear bomb production at Area G to the Waste Isolation Pilot Plant (WIPP) in southern New Mexico.
The stated rationale of this so-called 3706 Campaign was to minimize the risk from wildfire following the 2010 Las Conchas Fire that burned within 3.5 miles of Area G. However, if those TRU wastes were really at risk from wildfire, they would have burned during the 2000 Cerro Grande Fire that came within a half-mile of Area G. The Framework Agreement allowed LANL to discontinue most legacy cleanup to concentrate on TRU shipments that should have already been completed.
Moreover, the 3706 Campaign itself ended in disaster in February 2014 when an improperly treated radioactive waste drum from LANL ruptured at WIPP, contaminating 21 workers and indefinitely closing down that multi-billion dollar facility. Dealing with the 59 similarly treated “suspect” drums still at LANL will use a substantial amount of scarce cleanup funding for at least the next two years. Combined with the need to address a large chromium groundwater plume discovered after the original Consent Order went into effect, cleanup of buried mixed radioactive wastes will remain on the back burner, if ever addressed.
Further, since 2011 LANL has requested and NMED perfunctorily granted more than 150 milestone extensions, thus effectively eviscerating the Consent Order without public comment and consent. Which brings us to today, after the last compliance milestone deadline has expired, with little cleanup actually accomplished since 2012. A new schedule of cleanup is on hold until a revised Consent Order is negotiated.
Previously NMED Secretary Ryan Flynn has said that a draft revised Consent Order would be released for a 60-day public comment period before the end of 2015. But as of mid-November negotiations had not started. More recently Secretary Flynn has said that a draft renewed Consent Order would be released only after the schedule of payments is finalized for a $73 million settlement over WIPP violations. WhileNuclear Watch New Mexico appreciates NMED’s firmness on the WIPP settlements, we would like to see the same amount of zeal applied to enforcing cleanup at LANL through the Consent Order.
NukeWatch strongly believes that much more vigorous public participation steps, including the opportunity for a public hearing, are legally required by the existing Consent Order. Specifically, the March 2005 Consent Order incorporated the full public participation requirements applicable to hazardous waste permits. Federal environmental regulations, which are incorporated into New Mexico state regulations, establish the public participation procedures for various types of permit modifications, including extending final compliance dates. These are deeper levels of public participation than the 60-day public comment period that NMED is currently contemplating. In our view, a 60-day public comment period on a draft Consent Order is tantamount to commenting on a done deal already negotiated between DOE and NMED.
Scott Kovac, Research and Operations Director for Nuclear Watch New Mexico, stated, “The requirements are clear for deep and meaningful public participation in LANL cleanup decisions, including the opportunity for the interested public to have a seat at the negotiating table and the possibility for a public hearing. NMED must make Cold War legacy cleanup a priority at LANL and should start by prioritizing full public participation while negotiating the revised Consent Order.”
Jay Coghlan, NukeWatch Executive Director, added, “Ultimately this is all about the future of cleanup at LANL, which is receiving less federal funding while the nuclear weapons programs that created the mess to begin with are getting more money. We want nothing short of comprehensive cleanup at the Los Alamos Lab. That would be a real win-win for New Mexicans, permanently protecting our water and the environment while creating hundreds of high-paying jobs.
# # #
From Tom Clements of SRS Watch, our colleague and fellow member of the Alliance for Nuclear Accountability:
DOE Sites Partially or Fully Closed: the Waste Isolation Pilot Plant, Pantex & now the Savannah River Site (SRS)
The main contractor at SRS, Savannah River Nuclear Solutions (SRNS), has halted non-essential operations. See SRS shutdown email below…sent out late on Friday afternoon.
Today’s shutdown stems from operational and procedural problems while preparing plutonium oxide “feedstock” (for fuel pellets) for the Mixed Oxide (MOX) program back in February.
The plutonium oxide for MOX (or perhaps for another disposition option if MOX goes down) has been prepared in the HB-Line, which sits atop the decrepit H-Canyon reprocessing plant. The National Nuclear Security Administration has been paying the Department of Energy’s Environmental Management division, which manages the H-Canyon, for this job. Problems developed when a plutonium solution tank was not properly monitored by SRNS staff. After being shut for six months, H-Canyon operations resumed a few weeks ago but problems have persisted.
Just like for the MOX program at SRS, there is absolutely no accountability for EM contractors at SRS, and every year they just collect a bonus, few questions asked. How long will DOE Secretary Moniz and Congress allow the lack of accountability for MOX, the Uranium Processing Facility, the Waste Treatment Plant, etc,, to go on?
As per the DOE’s Public Relations “Conduct of Operations” textbook [sarcastic], they sent out the public notice below at 5:25 p.m. on a Friday afternoon. Go DOE! [A classic maneuver to avoid media attention.]
[Note: The Pantex Plant, the nation’s site for nuclear weapons assembly and dismantlements (lots of the former, not so much of the latter], is effectively shut down because of a serious labor dispute. The multi-billion dollar Waste Isolation Pilot Plant has been closed since February 2014 following contamination by a ruptured barrel of radioactive wastes sent by the Los Alamos Lab.]
|Subject:||DOE-SR UPDATE … Savannah River Nuclear Solutions Pauses All Non-essential Operations at SRS|
|Date:||Fri, Sep 11, 2015 5:25 pm|
Based on recent Conduct of Operations issues identified with HB-Line activities, effective today Savannah River Nuclear Solutions has implemented an operational safety pause for all non-essential and discretionary Office of Environmental Management activities site-wide. All work activities are on hold for those facilities under the SRNS management and operations contract.
SRNS is developing a recovery plan for resuming non-essential and discretionary operations and the plan will be submitted to the Department for review and concurrence. The plan will include corrective actions that will be implemented to assure workers adhere to management expectations for safe work performance, to reinforce accountability, and to re-initiate work in a controlled, phased manner.
SRNS will notify the DOE-SR management of any non-essential or discretionary work that SRNS believes needs to be performed before executing the work.
James R. Giusti
DOE-SR Office Of External Affairs
W: (803) 952-7684
M: (803) 645-1350
For more information:
Ralph Hutchison, Oak Ridge Environmental Peace Alliance, firstname.lastname@example.org <mailto:email@example.com> , 865-776-5050
Marylia Kelley, Tri-Valley CAREs, Livermore, firstname.lastname@example.org <mailto:email@example.com> , 925-443-7148
Other key national and regional contacts are listed at the end of this release
For immediate release, August 4, 2015
HISTORIC 70TH ANNIVERSARY OF ATOMIC BOMBING OF HIROSHIMA, NAGASAKI:
Major Protests at U.S. Warhead Facilities Across the Nation Unite to Decry Trillion Dollar Plan for New U.S. Nuclear Weapons; Advocate Disarmament
A thousand or more peace advocates, Hibakusha (A-bomb survivors), religious leaders, scientists, economists, attorneys, doctors and nurses, nuclear analysts, former war planners and others across the country are coming together to commemorate the 70th Anniversary of the U.S. atomic bombings of Hiroshima and Nagasaki this August 6 through 9 at key sites in the U.S. nuclear weapons complex.
Major commemorations, rallies, protests and/or nonviolent direct actions will place at the Lawrence Livermore National Laboratory in CA, the Los Alamos National Laboratory in NM, the Kansas City Plant in MO, the Y-12 Plant in TN, the Rocky Flats Plant in CO, the Pantex Plant in TX, and in GA near the Savannah River Site. These events are united by their reflection on the past, and, uniquely, their focus on the present and future with a resolute determination to change U.S. nuclear weapons policy at the very locations that are linchpins in producing the new trillion dollar stockpile of nuclear weapons and their delivery vehicles.
“We stand on the brink of a new, global nuclear arms race,” noted Ralph Hutchison, the longstanding coordinator for the Oak Ridge Environmental Peace Alliance. “This is epitomized by government plans for a new Uranium Processing Facility to produce H-bomb components at Y-12, including for new-design weapons.”
“U.S. plans to ‘modernize’ the arsenal are also underway at Livermore Lab,” stated Marylia Kelley, Tri-Valley CAREs’ executive director. “A new Long-Range Stand Off warhead design and the start of plutonium shots in the Lab’s National Ignition Facility reveal two facets of this new arms race,” Kelley continued. “In contrast to the cold war, which was largely about sheer numbers, the new arms race and its dangers stem from novel military capabilities now being placed into nuclear weapons.”
Around the world, pressure for the U.S. to show leadership toward the abolition of nuclear weapons is growing. Pope Francis has repeatedly pressed the moral argument against nuclear weapons, inveighing not only against their use but also against their possession. In the wake of the successful Iran agreement, many are suggesting that since it has been settled that it would never be legitimate for Iran to obtain a nuclear weapon, shouldn’t we also agree that the 16,000 nuclear weapons in existence have no legitimacy either. Moreover, 113 governments recently signed the “Humanitarian Pledge,” circulated by Austria, to press the U.S. and other nuclear weapons states to fulfill their disarmament obligations.
Actions this week at U.S. nuclear weapons facilities will highlight the mounting international calls for nuclear abolition, with U.S. organizers lending their deep and often unique “on the ground” knowledge from the gates and fence lines of the facilities involved in creating new and modified U.S. nuclear weapons. “This 70th anniversary should be a time to reflect on the absolute horror of a nuclear detonation,” mused Ann Suellentrop of Physicians for Social Responsibility-Kansas City, “yet the new Kansas City Plant is churning out components to extend U.S. nuclear weapons 70 years into the future. The imperative to change that future is what motivates me to organize a peace fast at the gates of the Plant.”
Key events at U.S. nuclear weapons complex sites include:
• Y-12 – pastoral letter, remembrance, rally and nonviolent direct action, peace fast and lanterns. (More at http://orepa.org/action/hiroshimanagasaki-70/ <http://orepa.org/action/hiroshimanagasaki-70/> )
• Livermore Lab – peace camp, August 6 rally and nonviolent direct action, peace fast at the gates. (More info at www.trivalleycares.org <http://www.trivalleycares.org> )
• Los Alamos Lab – film screening, panels, rally and conference (More at www.nuclearwatch.org <http://www.nuclearwatch.org> )
• Kansas City Plant – atomic photographers exhibit, speakers, film screening, and peace fast at the gates. (More info at www.psr.org/chapters/kansas/ <http://www.psr.org/chapters/kansas/> )
• Savannah River Site – film screening, vigil, and circle of hope. (More: www.nonukesyall.org <http://www.nonukesyall.org> )
• Rocky Flats Plant – peace quilt, concert, film screening, labyrinth mourning walk. (More from firstname.lastname@example.org <mailto:email@example.com> )
• Pantex Plant – Hiroshima exhibit, panel discussion. (More at: www.peacefarm.us <http://www.peacefarm.us> )
These and other Hiroshima events and actions at sites in the U.S. nuclear weapons complex are being led by organizations that are members of the Alliance for Nuclear Accountability, which represents about three dozen groups. More about ANA can be found at www.ananuclear.org <http://www.ananuclear.org> .
ANA contacts available for interviews include:
Joni Arends, Concerned Citizens for Nuclear Safety, firstname.lastname@example.org <mailto:email@example.com> , 505 986-1973 (NM sites)
Jay Coghlan, Nuclear Watch New Mexico, firstname.lastname@example.org <mailto:email@example.com> , 505-989-7342 (NM sites)
Ann Suellentrop, Physicians for Social Responsibility-KC, firstname.lastname@example.org <mailto:email@example.com> , 913-271-7925 (MO site)
Kevin Kamps, Beyond Nuclear, firstname.lastname@example.org <mailto:email@example.com> , 240-462-3216 (Ohio sites)
Jerry Stein, Peace Farm, Cletus@am.net <mailto:Cletus@am.net> , 806-351-2744 (TX site)
Judith Mohling, Rocky Mountain Peace & Justice Center, firstname.lastname@example.org <mailto:email@example.com> , 303-447-9635 (CO sites)
Glenn Carroll, Nuclear Watch South, firstname.lastname@example.org <mailto:email@example.com> , 404-378-4263 (SC, GA sites)
Paul Kawika Martin, Peace Action, firstname.lastname@example.org <mailto:email@example.com> , 951-217-7285 (in Hiroshima)
Ralph Hutchison, Oak Ridge Environmental Peace Alliance, firstname.lastname@example.org <mailto:email@example.com> , 865-776-5050 (TN sites)
Marylia Kelley, Tri-Valley CAREs. firstname.lastname@example.org <mailto:email@example.com> , 925-443-7148 (CA sites)
Jackie Cabasso, Western States Legal Foundation, United for Peace & Justice, firstname.lastname@example.org <mailto:email@example.com> , 510-839-5877 (CA sites, calendar of national events)
Additional resources for media:
Physicians for Social Responsibility calendar and map of Hiroshima and Nagasaki actions at: www.psr.org/news-events/events/hiroshimadayevents-2015.html <http://www.psr.org/news-events/events/hiroshimadayevents-2015.html>
United for Peace and Justice, Nuclear Free Future Month calendar of events at: www.nuclearfreefuture.org <http://www.nuclearfreefuture.org>
Please help us prepare for Thursday evening by registering today. Speaking of silent auctions, we have a great list of items that can be yours.
For instance, one of the pieces is “Daybreak” by Santa Fe artist Jamie Chase (18” x 24”, 2015)
Other items include this beautiful canvas printed photograph from “Ireland, One Island, No Borders” by Elizabeth Billups and Gerry Adams (16” X 24” 2005)
Chuck Montano will be joining us for a benefit sale of autographed copies of his recently published, “Los Alamos: A Whistleblower’s Diary,” documenting fraud and abuse at the Los Alamos National Laboratory. All sales will benefit us
This Thursday evening, August 6, is the 70th anniversary of the Hiroshima atomic bombing.
Please join Nuclear Watch New Mexico and Global Zero at the Center for Contemporary Arts for the premier of “Message from Hiroshima.” This will followed by a panel discussion of nuclear weapons issues by Valerie Plame of Global Zero, Rev. John Dear of Campaign Nonviolence, and Jay Coghlan of NukeWatch.
Tickets for the event are:
$25 for a 6:30 pm reception with the panel members, the film and panel discussion.
$15 for the film at 7:30 and panel discussion afterward.
Reservations are recommended – call CCA at (505) 982-1338.
Center for Contemporary Arts, 1050 Old Pecos Trail, Santa Fe, NM
As we work toward a future world free of nuclear weapons, we hope you will join us to commemorate the day that changed history 70 years ago. We look forward to seeing you. If you have any questions, please contact us at 505-989-7342. Tax-deductible financial contributions to the two organizations are encouraged!
Event Sponsored by VES & HET Fund For Change
Special thanks to Santa Fe Brewery Co, Kelly’s Liquor Barn, and CCA.