After a Failed Campaign, the State Must Return to Enforceable Cleanup At LANL
The June 30 deadline of the “3706 Campaign” to remove 3706 cubic meters of transuranic waste stored on the surface on Los Alamos Lab will be missed due to the radiation release and shutdown of the Waste Isolation Pilot Plant. The campaign was part of a non-binding agreement with the NM Environment Department so there are no penalties associated with lack of performance. The problem is that much other cleanup at the Lab was delayed while the 3706 Campaign was prioritized.
The Lab missed the low bar of shipping 3,706 cubic meters of transuranic waste while the cleanup of over 1,000,000 cubic meters of all types of radioactive waste, hazardous waste, and contaminated backfill buried across the Lab were put on the back burner. These vast amounts of buried wastes, dating back to the Lab’s early days, are covered under a 2005 Consent Order for the “fence-to-fence” cleanup of legacy waste. The Consent Order is enforceable with stipulated penalties of up to $3000/day for missed deliverables. But NMED has been hesitant to impose fines, because of DOE claims that the fines come out of the cleanup budget. The deadline for the last cleanup under the Consent Order is currently December 2015, which everyone agrees is impossible. But that end date could be extended, and should be extended, especially if the Lab was actually working on the legacy cleanup
NMED, to date, has granted over 95 extensions for Consent Order deliverables in favor of the 3706 Campaign. These extensions allow the Lab to not drill monitoring wells and to not perform cleanup investigations and work plans for sites across the Lab. The Lab claims that there is not enough money to address all the Consent Order deliverables, but the idea behind the Consent Order was that fines and the threat of fines would shake cleanup funding from DOE headquarters in DC. Cleanup without the big stick of possible fines just takes us back to the time when the small budget received annually just gets sprinkled around to where the cleanup “priorities” are perceived to be. Urgency and comprehensiveness go out the window.
The Cold War has been over for twenty years now and we in Northern New Mexico have been patient in removing LANL’s legacy waste.
But now Northern New Mexico has neither a 3706 Campaign that is complete, nor a Consent Order that will be complete by its deadline. NMED officials have stated, upon the successful completion of the 3706 Campaign, that they would consider renegotiating the Consent Order. We are waiting to see how NMED deals with the 3706 failure and we urge NMED to make the Consent Order the priority again. The Campaign approach has now been proven not to work.
In the meantime, we also have contaminated WIPP workers.
We have 707 possibly explosive drums probably created by Los Alamos spread across New Mexico and West Texas.
We have a damaged WIPP, which is shut down for up to three years and missing its deadlines for disposing waste.
We have other impacted DOE sites across the country, which will be missing deadlines for radioactive waste disposal.
We the taxpayers are no doubt going to spend hundreds of millions on this fiasco while the contractors continue to put money in their pockets.
The New Mexico Environment Department is the regulator here. Relying on LANL’s promises and plans to make things better must end. Time to return to the 2005 Consent Order and actually use the enforceable provisions in it.
