ALL RECENT WORK
Court Rules U.S. Nuclear Weapons Production Plan Violates Federal Law
FOR IMMEDIATE RELEASE, October 3, 2024
Media Contacts:
Ben Cunningham, Esquire, SCELP, 843-527-0078, [email protected]
Tom Clements, Savannah River Site Watch, 803-834-3084, [email protected]
Jay Coghlan, Nuclear Watch New Mexico, 505-989-7342, [email protected]
Scott Yundt, Tri-Valley CAREs, 925-443-7148, [email protected]
Queen Quet, Gullah/Geechee Sea Island Coalition, 843-838-1171, [email protected]
AIKEN, S.C. — On September 30, United States District Court Judge Mary Geiger Lewis ruled that the United States Department of Energy (“DOE”) and its semi-autonomous nuclear weapons agency, the National Nuclear Security Administration (“NNSA”), violated the National Environmental Policy Act (“NEPA”) by failing to properly consider alternatives before proceeding with their plan to produce plutonium pits, a critical component of nuclear weapons, at the Los Alamos National Laboratory (“LANL”) in New Mexico and, for the first time ever, at the Savannah River Site (“SRS”) in South Carolina.
The Court found that the plan’s purpose had fundamentally changed from NNSA’s earlier analyses which had not considered simultaneous pit production at two sites. These changes necessitated a reevaluation of alternatives, including site alternatives, which Defendants failed to undertake prior to moving forward while spending tens of billions of taxpayers’ dollars. Therefore, the Court entered judgment in favor of Plaintiffs, the nonprofit public interest groups Savannah River Site Watch, Nuclear Water New Mexico and Tri-Valley Communities Against a Radioactive Environment (CAREs); the Gullah/Geechee Sea Island Coalition; and Tom Clements as an individual plaintiff.
As a result of this ruling, the Defendants are required to newly assess pit production at a nation-wide programmatic level which will mean undertaking a thorough analysis of the impacts of pit production at DOE sites throughout the United States, including radioactive waste generation and disposal. Under the National Environmental Policy Act (NEPA), this will provide the opportunity for public scrutiny of and formal comment on their assessments.
High Detections of Plutonium in Los Alamos Neighborhood – As We Enter a New Nuclear Arms Race the Last One is Still Not Cleaned Up
FOR IMMEDIATE RELEASE, August 15, 2024
Dr. Michael Ketterer – 928.853.7188 | Email
Jay Coghlan – 505.989.7342 | Email
Santa Fe, NM – In April Nuclear Watch New Mexico released a map of plutonium contamination based on Lab data. Today, Dr. Michael Ketterer, Professor Emeritus of Chemistry and Biochemistry, Northern Arizona University, is releasing alarmingly high results from samples taken from a popular walking trail in the Los Alamos Town Site, including detections of some of the earliest plutonium produced by humankind.
On July 2 and 17 Dr. Ketterer, with the assistance of Nuclear Watch New Mexico, collected water, soil and plant samples from Acid Canyon in the Los Alamos Town Site and soil and plant samples in Los Alamos Canyon at the Totavi gas station downstream from the Lab. The samples were prepared and analyzed by mass spectrometry at Northern Arizona University to measure concentrations of plutonium, and to ascertain its sources in the environment.
NNSA Delays Urgent Research on Plutonium “Pit” Aging While Spending Tens of Billions on Nuclear Weapons Bomb Core Production
FOR IMMEDIATE RELEASE, April 17, 2024
Tom Clements, SRS Watch – 803.240.7268 | Email
Scott Yundt, TVC – 415.990.2070 | Email
Jay Coghlan – 505.989.7342 | Email
Nearly three years after filing a Freedom of Information Act request, the public interest group Savannah River Site Watch has finally received the National Nuclear Security Administration’s (NNSA’s) congressionally-required “Research Program Plan for Plutonium and Pit Aging.” However, the document is 40% blacked out, including references and acronyms. Plutonium “pits” are the radioactive cores of all U.S. nuclear weapons. The NNSA claims that potential aging effects are justification for a ~$60 billion program to expand production. However, the Plan fails to show that aging is a current problem. To the contrary, it demonstrates that NNSA is delaying urgently needed updated plutonium pit aging research.
In 2006 independent scientific experts known as the JASONs concluded that plutonium pits last at least 85 years without specifying an end date [i] (the average pit age is now around 40 years). A 2012 follow-on study by the Lawrence Livermore nuclear weapons lab concluded:
“This continuing work shows that no unexpected aging issues are appearing in plutonium that has been accelerated to an equivalent of ~ 150 years of age. The results of this work are consistent with, and further reinforce, the Department of Energy Record of Decision to pursue a limited pit manufacturing capability in existing and planned facilities at Los Alamos instead of constructing a new, very large pit manufacturing facility…” [ii]
Since then NNSA has reversed itself. In 2018 the agency decided to pursue the simultaneous production of at least 30 pits per year at the Los Alamos National Laboratory (LANL) in northern New Mexico and at least 50 pits per year at the Savannah River Site (SRS) in South Carolina. Upgrades to plutonium facilities at LANL are slated to cost $8 billion over the next 5 years. The redundant Savannah River Plutonium Processing Facility in South Carolina will cost up to $25 billion, making it the second most expensive building in human history.
NNSA’s Nuclear Weapons Budget Takes Huge Jump
Arms Race Accelerates with MIRVed Warheads
Los Alamos Lab Cleanup Cut
FOR IMMEDIATE RELEASE, March 11, 2024
Jay Coghlan – 505.989.7342 | Email
Santa Fe, NM – Ironically the day after the film Oppenheimer was awarded multiple Oscars, the Department of Energy’s semi-autonomous National Nuclear Security Administration (NNSA) asked Congress for its biggest nuclear weapons budget ever. NNSA’s FY 2025 request for “Total Weapons Activities” is $19.8 billion, $700 million above what Congress recently enacted for FY 2024. It is also a full billion dollars above what President Biden asked for last year, which Congress then added to and will likely do so again.
The Biden Administration states that the $19.8 billion will be used to:
“[P]rioritize implementation of the 2022 National Defense Strategy and Nuclear Posture Review by modernizing the Nation’s nuclear deterrent to keep the American people safe. The Budget supports a safe, secure, reliable, and effective nuclear stockpile and a resilient, responsive nuclear security enterprise necessary to protect the U.S. homeland and allies from growing international threats.” whitehouse.gov/wp-content/uploads/2024/03/budget_fy2025.pdf, page 75.
The 2022 National Defense Strategy and Nuclear Posture Review for the first time posited two nuclear “near peers”, i.e. Russia and China, that need to be simultaneously “deterred.” This hinted at a potentially large nuclear buildup which this budget may now be implementing. That claimed need to deter two nuclear near peers was explicitly taken a step beyond just deterrence in an October 2023 report from the Strategic Posture Commission. It declared:
“Decisions need to be made now in order for the nation to be prepared to address the threats from these two nuclear-armed adversaries arising during the 2027-2035 timeframe. Moreover, these threats are such that the United States and its Allies and partners must be ready to deter and defeat both adversaries simultaneously.” ida.org/research-and-publications/publications/all/a/am/americas-strategic-posture, page vii (bolded emphasis added)
NNSA Suppresses How Taxpayers Money Is Spent
FOR IMMEDIATE RELEASE, January 19, 2024
Jay Coghlan – 505.989.7342 | Email
Santa Fe, NM – The National Nuclear Security Administration (NNSA) has just released cursory two or three page summaries of contractors’ performance paid for by the American taxpayer. For the just ended fiscal year 2023, NNSA gave nothing less than grades of “Excellent” or “Very Good” in six broad mission goals for its major contractors. This is despite the constant cost overruns and schedule delays that are the rule, not the exception, in the nation-wide nuclear weapons complex. NNSA and its parent Department of Energy have been on the Government Accountability Office’s “High Risk List” for project mismanagement ever since GAO started that List in 1991.
A current example is the Uranium Processing Facility (UPF) at the Y-12 Plant near Oak Ridge, Tennessee, originally estimated in 2011 to cost $1.4 to $3.5 billion. After costs started going through the roof, NNSA and Senator Lamar Alexander (R.-TN), then-chair of Senate Energy and Water Appropriations, swore that UPF would never go over $6.5 billion. But even after eliminating non-nuclear weapons production missions and a formal decision to continue operations at two old, unsafe buildings slated for replacement, the Uranium Processing Facility is now estimated to cost $8.5 billion. However, even that is not the final price, as NNSA is still to “rebaseline” UPF costs at some unspecified date.
Blog Posts
New Mexico’s Revolving Nuclear Door: Top Environment Officials Sell Out to Nuclear Weapons Labs
As part of a long, ingrained history, senior officials at the New Mexico Environment Department (NMED) have repeatedly resigned to go to work for the nuclear weapons labs, the Department of Energy, or DOE contractors. In a number of cases that is where they came from to begin with.
The hierarchy of leadership at NMED starts with the Secretary, Deputy Secretaries and then Division Directors. The position of Resource Protection Division Director is particularly critical because it oversees the two NMED bureaus most directly involved with DOE facilities in New Mexico, the Hazardous Waste Bureau and the DOE Oversight Bureau.
FULL PRESS RELEASE [PDF]
Biden’s Nuclear Posture Review Fuels the New Nuclear Arms Race
Santa Fe, NM– Today, the Biden Administration has released its long awaited unclassified Nuclear Posture Review. It headlines a “Comprehensive, balanced approach to defending vital national security interests and reducing nuclear dangers.” It also declares that “deterrence alone will not reduce nuclear dangers.”
“Deterrence” against others has always been the publicly sold rationale for the United States’ nuclear weapons stockpile. First, there is the inconvenient fact that the U.S. was the first and only to use nuclear weapons in war. But secondly, the United States and the USSR (now Russia) never possessed their huge stockpiles for the sole purpose of deterrence anyway. Instead, their nuclear weapons policies have always been a hybrid of deterrence and nuclear war fighting, which threatens global annihilation to this very day.
FULL PRESS RELEASE [PDF]
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Watchdogs File Suit for NNSA’s Performance Evaluation Reports
Santa Fe, NM – Today, Nuclear Watch New Mexico has once again filed a lawsuit to pry loose the National Nuclear Security Administration’s (NNSA’s) full and complete Performance Evaluation Reports that evaluate contractor performance at its eight nuclear weapons sites. Approximately 57,000 people are employed by NNSA’s nuclear weapons production complex, 95% of them contractor personnel. NNSA and its parent Department of Energy have been on the independent Government Accountability Office’s “High Risk List” for project mismanagement and waste of taxpayers’ dollars since 1992.
NNSA’s Performance Evaluation Reports grade contractor performance, award performance fees and contain no classified information. Nevertheless, NNSA seeks to hide how taxpayers’ money is spent from the public, issuing only terse three page summaries instead of the full and complete Reports. Nuclear Watch sued in 2012 to obtain the full and complete Performance Evaluation Reports, after which NNSA started releasing them within three working days. But NNSA has again been releasing only summaries since 2019, despite a Freedom of Information Act request by Nuclear Watch that the agency never responded to.
To illustrate the importance of these Performance Evaluation Reports, in its FY 2021 Los Alamos Lab summary NNSA noted that the contractor “[s]ucessfully made advances in pit production processes…” Plutonium “pits” are the fissile cores of nuclear weapons whose expanded production the Pentagon has identified as the number one issue in the United States’ $2 trillion nuclear weapons “modernization” program. NNSA has directed the Los Alamos National Laboratory (LANL) to begin producing at least 30 pits per year by 2026 and the Savannah River Site (SRS) in South Carolina to begin producing at least 50 pits per year by 2030.
A Guide to “Scoping” the New LANL SWEIS
“Scoping” means determining the issues that should be included in public analyses required by the National Environmental Policy Act (NEPA) of proposed major actions by the federal government. According to the Department of Energy ‘s own NEPA implementation regulations, DOE must prepare a new or supplemental site-wide environmental impact statement (SWEIS) for its major sites when there are “significant new circumstances or information relevant to environmental concerns.” The last site-wide EIS for the Los Alamos National Laboratory (LANL) was completed in 2008 and is badly outdated. Moreover, since 2018 the National Nuclear Security Administration (NNSA), DOE’s semi-autonomous nuclear weapons agency, has been aggressively expanding the production of plutonium “pit” bomb cores for nuclear weapons at the Lab.
On August 19, 2022, NNSA finally announced its intent to prepare a new LANL SWEIS, but apparently the agency will not address expanded plutonium pit production.1 NNSA’s dubious argument is that it performed the legally required NEPA analysis for expanded plutonium pit production in a 2008 Complex Transformation Programmatic Environmental Impact Statement, the 2008 LANL SWEIS and a woefully inadequate “Supplement Analysis” in 2020 that concluded a new SWEIS was not needed. 2 3
Issues That Must Be Addressed in a New LANL SWEIS
This is meant to be a guide to (or list of) the issues that must be addressed in a new draft LANL SWEIS. It is not completely exhaustive, nor is it a comprehensive fact sheet on the substance of the issues. Nuclear Watch New Mexico will offer suggested scoping comments for interested citizens and submit its own comprehensive formal comments before the October 3 deadline or extended deadline (see “Timing” below).
The Future of Nuclear Nonproliferation and Disarmament is the Treaty PROHIBITING Nuclear Weapons (TPNW)
The Future of Nuclear Nonproliferation and Disarmament is in Danger is the Treaty PROHIBITING Nuclear Weapons (TPNW)
After a month of negotiations, the tenth review conference (RevCon) of the parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) concluded on August 26 without a consensus final document,A “Council of Councils” Global Memo titled, “The Future of Nuclear Nonproliferation and Disarmament Is in Danger” highlights the analysis of five experts on analyze the “failure after a month of negotiations of the tenth review conference (RevCon) of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) concluding on August 26 without a consensus final document, raising concerns about weakening efforts to promote nuclear nonproliferation, disarmament, and the peaceful use of nuclear energy.”
The International Campaign to Abolish Nuclear Weapons recently published an article along the same lines titled, “NPT Review Conference fails to address current security environment.” The final draft outcome document had already been significantly weakened throughout the negotiations, however Russia still refused to accept the final version and the conference ended without an agreement. ICAN: “Although the NPT Review Conference failed, there was a success this year in June. At the First Meeting of States Parties, TPNW states parties committed to the Vienna Action Plan, 50 concrete steps to advance disarmament, help victims of nuclear use and testing, commit to inclusion and progressive steps on gender and disarmament.”
Robin Lloyd of the Women’s International League for Peace and Freedom asks the leading questions, “How can the US consider signing the draft preamble while the House and Senate are finalizing the National Defense Authorization Act which calls for the modernization of our nuclear arsenal? How can our government even take part in this Conference while it is seeking funding for a renewed nuclear edifice of destruction including Modernized Strategic Delivery Systems and Refurbished Nuclear Warheads? Over the next decade, the United States plans to spend $494 billion on its nuclear forces, or about $50 billion a year, according to a 2019 Congressional Budget Office report. Trillions of dollars for submarines and bombers and buried nuclear missiles. Things they are committing to not use. Please, does this make sense?”
Faced with an unacceptable dangerous global situation, the TPNW will do what the NPT failed to: adopt a credible plan to advance disarmament, help victims of nuclear use and testing, and condemn any and all threats to use nuclear weapons.
The NPT is in crisis, but the TPNW is already starting to carry out its role of implementing the nuclear disarmament obligations of the NPT. All other NPT states parties that have failed to make progress during the NPT Review Conference should join this work too.
University of New Mexico’s growing involvement in nuclear weapons prograns
See Honeywell, UNM sign accord to pursue joint research
This is more evidence of the University of New Mexico’s deepening involvement in nuclear weapons programs. UNM recently announced that with Boeing, the U. of Texas and others that it was going to bid on the Sandia Labs management contract.
Honeywell runs the new Kansas City Plant, which is manufacturing and/or procuring ~100,000 nonnuclear nuclear weapons components every year for increasingly aggressive Life Extension Programs. These programs not only extend the service lives of nuclear weapons for up to 60 years, but also give them new military capabilities, despite denials at the highest levels of the U.S. government.
UNM is also the host site for the June 21 Strategic Deterrence Symposium featuring top military and Energy Dept. nuclear brass. Nuclear Watch NM will be there to see what they are to.
Obama’s Speech in Hiroshima
Obama’s speech is beautiful and very moving.
But he’ll be gone soon while the one trillion dollar modernization of U.S. nuclear forces that begins under him will go on for 30 years and then some (unless we stop it, that is).
Text of President Obama’s Speech in Hiroshima, Japan
MAY 27, 2016
Sign the Petition – No Loopholes, No Excuses – Full Cleanup at Los Alamos!
Dear Friends,
Thanks to those who made it to the meeting last night!
NukeWatch has a new petition –
The New Mexico Environment Department (NMED) has issued a proposed new “Consent Order” governing cleanup at the Los Alamos National Laboratory, the birthplace of nuclear weapons.
We demand NMED close the giant loophole in the proposed Consent Order that would allow Los Alamos Lab and DOE to get out of cleanup by simply saying that they don’t have enough money.
And we demand NMED hold a public hearing on the proposed Consent Order, given the intense public interest in cleaning up the Lab.
https://www.change.org/p/kathryn-roberts-no-excuses-no-loopholes-full-cleanup-at-los-alamos-lab
AND WE HAVE EXPANDED OUR SAMPLE COMMENTS FOR YOU TO USE AS YOU SEE FIT
Please let your voice be heard and turn in public comments.
Copy the sample comments below and paste into an email.
Please modify as you see fit, then email to the address below.
If you don’t mind, please cc: us at: info(at)nukewatch(dot)org
[date]
Ms. Kathryn Roberts
New Mexico Environment Department
Post Office Box 5469
Santa Fe, New Mexico 87502
Via email to [email protected]
Dear Ms. Roberts,
I urge the New Mexico Environment Department (NMED) to abandon the proposed 2016 Compliance Order on Consent, or Consent Order, for Los Alamos National Laboratory (LANL), released for public comment on March 30, 2016. It creates serious problems and represents a giant step backwards in achieving the goal of genuine cleanup of the Laboratory.
The Environment Department should keep the existing Consent Order that went into effect March 1, 2005, while modifying and updating a cleanup schedule that includes a realistic final compliance date. I also formally request that NMED provide the opportunity for a public hearing on the revised cleanup schedule and new completion date, in accordance with the New Mexico Hazardous Waste Act and the 2005 Consent Order.
GENERAL COMMENTS
The opportunity for a public hearing must be provided
- Any extension of a final compliance date must be treated as a Class 3 permit modification to the 2005 Consent Order and therefore requires a 60-day public comment period.
- Any extension of a final compliance date under the 2005 Consent Order can be implemented only after the opportunity for public comment and a public hearing, including formal testimony and cross-examination of witnesses.
- The Environment Department is legally required to follow these public participation requirements that explicitly incorporated into the 2005 Consent Order.
Withdraw the proposed draft 2016 Consent Order
- The proposed draft represents a big step backwards in achieving the goal of genuine cleanup of the Laboratory.
- The Environment Department should keep the current 2005 Consent Order and revise the Section XII cleanup schedule and final compliance date.
- I request that the Environment Department withdraw the proposed draft 2016 Consent Order.
The public deserves the opportunity to comment on all following drafts
- It seems likely that a later draft – after the Lab’s and public comments are incorporated into a revised draft – and after closed-door negotiations between the Environment Department and the Laboratory – could be substantially different from the current draft.
- I request that the public have the opportunity to review and comment on any further drafts of a revised proposed 2016 Consent Order.
Public participation provisions in the existing 2005 Consent Order must be incorporated into the proposed draft 2016 Consent Order
- The proposed draft 2016 Consent Order explicitly limits public participation requirements incorporated into the existing 2005 Consent Order.
- I request that all notices, milestones, targets, annual negotiations, and modifications require public review and comment, and the opportunity for a public hearing.
The current state of cleanup must be updated and next steps scheduled
- Work under the existing 2005 Consent Order needs to be subject to public review. In 2005 DOE agreed to complete cleanup under the Consent Order by December 6, 2015, which did not happen. In order for the public to understand where the work under the existing Consent Order stands, LANL should be required to provide a current, publicly available list of the status of all cleanup projects under the 2005 Consent Order.
- Further, I request that next steps for cleanup at every site listed in the 2005 Consent Order be documented in detail and given a scheduled completion date, or alternatively verified as already completed.
- All documents submitted under the 2005 Consent Order must be incorporated into any revised Consent Order.
All documents must be made public as required in the 2005 Consent Order
- The State and the Lab must make all communications, documents, submittals, approvals, notices of deficiencies and denials under any revised Consent Order readily and electronically available to the public.
- The State and the Lab must notify individuals by e-mail of all submittals, as required in the 2005 Consent Order.
The Environment Department must respond in writing to all public comments
- I request that the State reply individually to each and every comment submitted.
- The Lab’s comments and NMED’s response to comments must be made public.
All future work must have enforceable deadlines
- The proposed draft 2016 Consent Order proposes a “Campaign” approach with enforceable cleanup deadlines limited to the work scheduled only for that year.
- I request that all anticipated cleanup projects have scheduled, enforceable cleanup deadlines from the beginning of any revised Consent Order.
The Consent Order cannot be open-ended
- Any Consent Order for LANL cleanup must have a final compliance date to which the State and the Lab agree to and are so bound.
- The public should be given an opportunity for a public hearing on the new final compliance date as required by New Mexico’s hazardous waste regulations.
SPECIFIC COMMENTS
The Proposed 2016 Consent Order Must Not Extend the Original Final Compliance Date Without Required Public Participation
The proposed 2016 consent order would indefinitely extend the final compliance date for completing corrective action at the Laboratory, without the opportunity for a public hearing with formal testimony and cross-examination of witnesses. Any extension of a final compliance date under the 2005 Consent Order requires a 60-day public comment period and the opportunity for a public hearing, including formal testimony and cross-examination. The Environment Department is legally required to follow these procedural requirements.
The legal requirements that mandate a public hearing are clear. Section XII of the 2005 Consent Order establishes the compliance schedule for implementation and completion of corrective actions at specific sites at the Laboratory. This schedule is mandatory. The final report that was to be submitted under the 2005 Consent Order – therefore, the final compliance date – was the remedy completion report for the huge Area G waste dump, required to be submitted by December 6, 2015. The proposed 2016 Consent Order would indefinitely extend this final compliance date by not designating a specific final compliance date.
But this revision must be treated as a major Class 3 permit modification. Section III.W.5 of the 2005 Consent Order explicitly provides for the preservation of full procedural rights for the public as follows:
This Consent Order hereby incorporates all rights, procedures and other protections afforded the Respondents [DOE and UC, now LANS] and the public pursuant to the regulations at 20.4.1.900 NMAC (incorporating 40 C.F.R. § 270.42) and 20.4.1.901 NMAC, including, but not limited to, opportunities for public participation, including public notice and comment, administrative hearings, and judicial appeals concerning, for example, remedy selection decisions of the [Environment] Department.
Thus, extension of a final compliance date under the 2005 Consent Order requires a 60-day public comment period and the opportunity for a public hearing, including formal testimony and cross-examination.
The Proposed New Consent Order Must Not Limit Other Public Participation Procedures
The proposed 2016 Consent Order expressly limits public participation requirements in a way that completely diverges from those provided in the 2005 Consent Order. As explained above, the 2005 Consent Order explicitly protects procedural due process rights available to the public. The proposed 2016 Consent Order explicitly removes these protections, as follows:
The Parties agree that the rights, procedures and other protections set forth at 20.4.1.900 NMAC (incorporating 40 C.F.R. § 270.42), 20.4.1.901 NMAC, and 20.4.1.902 NMAC, including, but not limited to, opportunities for public participation, including public notice and comment, administrative hearings, and judicial appeals, do not apply to modification of the Consent Order itself. [Emphasis added]
Thus, as proposed in the above language, the Parties (the Environment Department, Department of Energy and Los Alamos National Security, LLC) have inappropriately agreed to remove the due process rights, procedures and other protections provided to the public under the Resource Conservation and Recovery Act (RCRA) and the New Mexico Hazardous Waste Act. This provision must be stripped from the proposed 2016 Consent Order.
The Proposed New Consent Order Must Not Eliminate Enforceable Deadlines
The proposed 2016 consent order would eliminate all the deadlines for completing cleanup under the 2005 Consent Order, and replace them with an open-ended and vague scheduling process, with limited enforcement opportunities.
The 2005 Consent Order, in Section XII, established dozens of deadlines for the completion of corrective action tasks, including completion of investigations at individual sites, installation of groundwater monitoring wells, submittal of groundwater monitoring reports, evaluation of remedial alternatives for individual sites, and completion of final remedies. These deadlines are enforceable under section III.G.
The proposed 2016 Consent Order would abandon the 2005 Consent Order provisions and replace them with a so-called “Campaign Approach” under Section VIII. Under Section VIII.A.3, it would be up to the DOE, not the regulator at the New Mexico Environment Department, to select the timing and scope of each “campaign.”
Enforceable deadlines for cleanup tasks would apply no more than one year into the future. Deadlines would be based on “Campaigns” negotiated each year with DOE with no public participation and opportunity to comment on the schedule. To add insult to injury, the annual schedule would be determined by funding at DOE’s discretion, rather than the schedule driving the funding, which was the fundamental approach of the 2005 Consent Order.
All cleanup projects must mandatory completion dates scheduled from the beginning date of any revised Consent Order, and must be fully enforceable.
Existing Violations Must Not Be Eliminated
Section II.A of the proposed 2016 Consent Order would “settle any outstanding violations of the 2005 Consent Order.” This is a get out of jail free card. Without enforceable schedules from the beginning, any consent order is not truly unenforceable, and the Environment Department would be abdicating its responsibility to protect human health and the environment as required by the federal Resource Conservation and Recovery Act (RCRA) and the New Mexico Hazardous Waste Act. NMED must not surrender its regulatory and enforcement powers!
Attorney General Approval Must Be Obtained
The 2005 Consent Order was signed by the Attorney General of New Mexico for purposes of the Covenant Not to Sue (section III.) and the Reservation of Rights (section III.). As indicated on the draft signature page, there is no indication of the NM Attorney General plans to sign the proposed 2016 Consent Order. Yet it would provide the State of New Mexico with a covenant not to sue DOE on behalf of the State of New Mexico, not merely on behalf of the Environment Department. The Attorney General was an active participant, representing the People of New Mexico, in the 2005 Consent Order. The Environment Department has a responsibility to ensure that the NM Attorney General is consulted, and his approval obtained, before any consent order is adopted.
The Proposed 2016 Consent Order Must Not Omit Detailed Requirements Found in the 2005 Consent Order
The 2005 Consent Order includes numerous detailed requirements for such things as well installation, sample collection, and preparation of work plans and reports. These ensure that the cleanup work is done properly, consistently, and according to standard industry practices. They also ensured that work plans and reports were consistent, easy for the Environment Department to review, and easy for the public to understand. The proposed 2016 Consent Order omits many such requirements, which should be corrected.
The Proposed 2016 Consent Order Must Not Allow Budget To Dictate Cleanup
The proposed 2016 Consent Order allows DOE to provide cleanup priorities based on anticipated budget, which is backwards. . By the time NMED receives an estimated annual cleanup budget from DOE, the horse has left the barn. The original purpose of the 2005 Consent Order was to compel DOE and LANL to ask Congress for additional funds to accelerate cleanup. The giant loophole in the proposed 2016 Consent Order that allows DOE and LANL to say that they don’t have sufficient funding and therefore can choose to exempt themselves from cleanup should be eliminated.
Cleanup Levels Must Remain Strict
Section IX Cleanup Objectives and Cleanup Levels of the proposed 2016 Consent Order would allow DOE to “develop site specific ecological cleanup levels” to mitigate unacceptable ecological risk due to release of site-related contaminants. There is no mention of NMED’s role in this process. DOE would be allowed to demonstrate to NMED that any particular “cleanup objective is impracticable.” To do this, DOE may consider such things as technical difficulty, the cost of the project, hazards to workers or to the public, and any other basis that may support a finding of impracticability. If NMED approves the impracticability request, DOE can then propose alternative cleanup methods using site-specific risk assessments. All of this could take place behind closed doors, as there are no public participation requirements in this section. Please clarify what cleanup levels will be used and when and where they will be applied.
New Mexico deserves better
In closing, the Environment Department’s proposed 2016 Consent Order allows the federal government to leave Northern New Mexico contaminated if DOE believes that cleanup is too difficult or costly– a sorry situation indeed for a nuclear weapons facility that receives over 2 billion taxpayer dollars a year. Instead, the New Mexico Environment Department should implement a new revised Consent Order that is aggressive and enforceable and in which the State of New Mexico stays in the driver’s seat, not LANL and DOE. That would be a real win-win for New Mexicans, helping to permanently protect the environment and our precious water resources while creating hundreds of high-paying cleanup jobs. .
Sincerely,
Name
City
The new draft Consent Order is available at
https://www.env.nm.gov/HWB/lanlperm.html#COOC
NMED’s public notice for the draft Consent Order is available at
https://www.env.nm.gov/HWB/documents/PublicNotice__English.pdf
The public comment period ends 5:00 pm May 31, 2016.
Comments should be submitted to [email protected]
Public Meeting: Los Alamos Cleanup at the Crossroads
Dear Friends,
Please join us for an informal public meeting Tuesday, May 24 at 6pm.
Main Library Community Room, 145 Washington Ave, Santa Fe, NM
Please remember that no refreshments are allowed at the Library.
See you there!
Los Alamos Cleanup at the Crossroads
A Discussion on the Future of Cleanup at Los Alamos
We have opportunities to take new directions
How do we get to the Northern New Mexico we want leave for future generations?
Learn how your input can help make better cleanup decisions at Los Alamos National Laboratory
Join us for a
Public Meeting: Tuesday May 24, 2016, 6 – 7:30pm
at the
Main Library Community Room, 145 Washington Ave, Santa Fe
Topics to be Addressed
Los Alamos Cleanup Order
- For “fence-to-fence” cleanup of legacy Cold War wastes
- The 10-year trip since the original Consent Order was signed in 2005
- New “Consent Order” Proposed by the NM Environment Department
- Proposed changes from the existing
- What can be improved?
- Who is in the driver’s seat?
- Just along for the ride, or will the public have real input?
- Public comments due May 31
Department of Energy’s new Environmental Management at Los Alamos
- Cleanup work no longer under nuclear weapons work
- Looking for a new contractor
- Can cleanup accelerate?
Nuclear Watch’s lawsuit
- Alleging violations of the 2005 Consent Order
Questions, answers, and discussion
- What’s on your mind
- Your comments are important
Brought to you by Nuclear Watch New Mexico
(505) 989-7342
www.nukewatch.org
Public Meeting, Los Alamos Cleanup at the Crossroads, 6:00 pm Tuesday May 24
Los Alamos Cleanup at the Crossroads
Public Meeting
6 – 7:30pm, Tuesday May 24, 2016
Community Room, Main Library, 145 Washington Ave, Santa Fe
Presentation on the Future of Cleanup at Los Alamos:
What the public needs to know and how to get involved and be informed
• Focus on new cleanup order proposed by the NM Environment Dept. and its lack of enforceability.
• Public comments due May 31
• New Energy Dept. Environmental Management at the Lab – same as the old boss?
• Nuclear Watch’s lawsuit
• Questions and answers
Brought to you by Nuclear Watch New Mexico
(505) 989-7342 [email protected]
www.nukewatch.org <https://nukewatch.org>
Nuclear Watch NM Files Lawsuit Over Lack of Cleanup at the Los Alamos Lab
May 17, 2016
Nuclear Watch NM Files Lawsuit
Over Lack of Cleanup at the Los Alamos Lab;
NM Environment Dept. Forgoes Nearly $300 Million in Penalties
Santa Fe, NM – Nuclear Watch New Mexico has filed a lawsuit in federal court against the Department of Energy and Los Alamos National Security LLC (LANS), the for-profit operator of the Los Alamos National Laboratory, over their failure to meet cleanup milestones under a 2005 “Consent Order” they agreed to with the New Mexico Environment Department. The New Mexico Environmental Law Center is representing NukeWatch in this legal action to enforce cleanup at LANL.
The suit was filed under the citizen suit provisions of the federal Resource Conservation and Recovery Act (RCRA), which the 2005 Consent Order explicitly incorporated. The law provides that any person who violates any requirement of RCRA is liable for a civil penalty up to $37,500 for each day of violation. Our suit claims twelve violations, which range in length of time of up to 675 days each. Our current cost estimate of the alleged violations approaches 300 million dollars and counting.
Jay Coghlan, NukeWatch Executive Director, commented, “The federal government plans to spend a trillion dollars over the next 30 years completely rebuilding U.S. nuclear forces. Meanwhile, cleanup at the Los Alamos Lab, the birthplace of nuclear weapons, continues to be delayed, delayed, delayed. We seek to make the for-profit nuclear weaponeers cleanup their radioactive and toxic mess first before making another one for a nuclear weapons stockpile that is already bloated far beyond what we need. Real cleanup would be a win-win for New Mexicans, permanently protecting our water and environment while creating hundreds of high paying jobs.”
In 2005 the New Mexico Environment Department compelled DOE and the University of California (LANL’s manager at the time) to enter into a detailed Consent Order that mapped the way toward comprehensive cleanup at LANL. However, beginning in 2011 with Governor Martinez’s administration, the New Mexico Environment Department allowed LANL’s new contractor, the for-profit Los Alamos National Security, LLC, to stop virtually all cleanup, instead engaging in a “campaign” to move above ground, monitored radioactive transuranic wastes to the Waste Isolation Pilot Plant (WIPP). That campaign ended in disaster when an improperly treated radioactive waste drum from LANL ruptured, contaminating 21 workers and indefinitely closing that multi-billion dollar facility.
The 2005 Consent Order required DOE and LANL to investigate, characterize, and clean up hazardous and mixed radioactive contaminants from 70 years of nuclear weapons research and production. It also stipulated a detailed compliance schedule that the Lab was required to meet. Ironically, the last milestone, due December 6, 2015, required a report from LANL on how it successfully cleaned up Area G, its largest waste dump. However, real cleanup remains decades away, if ever. The Lab plans to “cap and cover” Area G, thereby creating a permanent nuclear waste dump in unlined pits and shafts, with an estimated 200,000 cubic yards of toxic and radioactive wastes buried above the regional groundwater aquifer, four miles uphill from the Rio Grande.
Scott Kovac, NukeWatch Research Director, noted, “DOE and NMED agreed to all parts of the 2005 Consent Order, including the schedule. Then under the Martinez administration NMED granted more than 150 extensions requests, and DOE and LANS have still missed many of those deadlines. NukeWatch has taken this necessary step to enforce cleanup at LANL, to hold DOE accountable for protecting New Mexicans and make cleanup of legacy wastes the top priority. It’s ridiculous that we have to have this cleanup debate after 70 years of contamination from nuclear weapons research and production.”
The New Mexico Environment Department has issued a draft revised proposed Consent Order, for which the public comment period expires on May 31. The proposed new Consent Order specifically states that it “supersedes the 2005 Compliance Order on Consent (2005 Consent Order) and settles any outstanding alleged violations under the 2005 Consent Order.” (Sec. II.A.) This then would absolve DOE and LANS of nearly $300 million in potential penalties.
Moreover, the new draft Order puts DOE in the driver’s seat instead of New Mexico. It explicitly states that, “DOE’s project plans and tools will be used to identify proposed milestones and targets” (p. 27) and “DOE shall define the use of screening levels and cleanup levels” (p. 31) Moreover, DOE can opt out of any cleanup because of “impracticability” or cost of cleanup (p. 34) and that “DOE shall update the milestones…. [according to] changes in anticipated funding levels.” (p. 28). So the new Consent Order is made subordinate to DOE’s budget, which has been cutting cleanup while increasing funding for nuclear weapons programs that caused the mess to begin with. This is the opposite of the original Consent Order, whose intent was to make DOE and LANL get increased funding for cleanup.
The relief or remedy that Nuclear Watch New Mexico seeks through its lawsuit is simple, asking the Court to enter a judgment “Enjoining the Defendants [DOE and LANS] to take action to come into compliance with the March 1, 2005 Consent Order, as amended on October 29, 2012, according to a reasonable but aggressive schedule ordered by this Court…”
With that, Nuclear Watch New Mexico hopes to get real, comprehensive cleanup back on track at the Los Alamos National Laboratory.
# # #
Nuclear Watch New Mexico’s lawsuit complaint is available at https://nukewatch.org/importantdocs/resources/NukeWatch-Complaint-Filed-20160512.pdf
Our complaint alleges twelve counts of milestone compliance violations where NMED did not grant extensions. From there we calculate 7,853 total days of noncompliance at $37,500.00 per day, equal to $294,487,500, with the clock still ticking.
Our May 5, 2016 second notice of intent to sue (which is a good summary of our complaint) is available at https://nukewatch.org/importantdocs/resources/NukeWatch-2nd-NOI-DOE-LANS-5-5-16.pdf
Our January 20, 2016 notice of intent to sue is available at https://nukewatch.org/importantdocs/resources/NukeWatch-NM-NOI-to-DOE-and-LANS-20160120.pdf
NMED’s revised Consent Order is available at http://energy.gov/em/nnmcab/downloads/nmed-revised-lanl-consent-order-draft-march-2016
Consolidated Nuclear Security LLC Performance Evaluation Report – Wrong B61-12 tail case?
Buried in the just released NNSA FY 2015 Performance Evaluation Report (PER) for Consolidated Nuclear Security LLC (the combined contract for Pantex and Y-12 run by Lockheed Martin and Bechtel) is the remarkable note that Pantex sent to the Defense Department a Joint Test Assembly (JTA) of the B61-12 nuclear smart bomb with the wrong tail case. Generally, a JTA is a full scale mock up of the nuclear weapon (just not nuclear armed), in this case for a real life drop test from an Air Force fighter at the Tonapah Test Range in Nevada (which is run by the Sandia Labs).
P. 5: “CNS experienced several issues with the builds of the new B61 JTA Modernization configurations. CNS experienced quality issues on five of the six First Production Units. The most severe of which was the installation of an incorrect tail case on the JTA S/N 602 that was delivered to Department of Defense (DoD). The DoD chose not to proceed with the flight test and returned the unit to Pantex.” [S/N is the serial number of the particular unit.] – End –
How do you put the wrong tail case on the mock bomb, especially given all the hoopla we’ve heard about the B61-12 and the rush to get it into production? Did this involve the now-well known tail fin kit that turns the “dumb” B61 bomb into the precision-guided B61-12?
A few other worthy items from the CNS PER:
• p. 5: Pantex is falling behind in dismantlements, and this is before the announced planned 20% increase in dismantlements. “CNS achieved 101% of dismantlements related to secondaries and 66% of the revised Production Control Document (PCD) baseline schedule. The low performance against the revised PCD baseline schedule resulted in NNSA falling below the trajectory to achieve the 2022 dismantlement goal.”
Secondaries are dismantled at Y-12, with all of the rest of the nuclear weapon dismantled at Pantex. The 2022 dismantlement goal is to dismantle the ~2,500 nuclear weapons scheduled by 2009 for dismantlement. This does not include any weapons retired since then.
• p. 7: “CNS did not meet the majority of the expectations for scheduled surveillance activities, deliverables, and requirements as documented within each applicable weapons system approved Integrated Weapon Evaluation Team (IWET) Plans and associated directive documents.”
Rigorous surveillance is the prerequisite for maintaining stockpile safety and reliability (the claimed rationale for the Stockpile Stewardship Program), but has chronically suffered lower prioritization.
• p. 10: “W76-1 LEP: CNS achieved 101% of the secondary production schedule, met the military shipment schedule, but only achieved 85% of the total FY15 delivery commitment to the Department of Defense.”
This doesn’t bode well for future Life Extension Programs that are growing only more complex and ambitious.
• p. 11: “CNS is behind schedule on pit recertification projects and is working on recovery plans. The CNS delays have not adversely impacted the B61-12 schedule. However, if delays continue the impacts to the B61-12 schedule are certain.”
• p. 14: The future uranium casting process for the Uranium Processing Facility is still unproven.
“CNS did not fully meet expectations on the use of the production microwave caster in [Building] 9212 [at Y12]. This is partially due to equipment issues including the stack 11 filter issues and a failure in the microwave’s bottom lift assembly. Unfortunately, CNS was unable to recover the schedule. Running the microwave caster early and often is valuable since this technology represents the future Uranium Processing Facility (UPF) casting capability.”
• p. 24: Pantex and Y-12 are beginning “additive manufacturing” (3-D printing) of nuclear weapons components. What are the future proliferation consequences of this?
“CNS began advancing manufacturing capabilities through additive manufacturing initiatives. CNS procured and received a Connex 500-UV Resin multi-color, large-scale plastic machine. This machine will be used for prototyping, proof of principle, displays and cutaways, and training aids. CNS also procured its first metal additive machine and installation will begin at Y-12 in July. Once R&D material testing is complete, the first area of focus will be tooling applications. A second, identical machine has been procured for Pantex and will be delivered late summer for similar applications.”
• p. 35: CNS, composed of Lockheed Martin and Bechtel, gave the construction contract for the Uranium Processing Facility at Y-12 to Bechtel. There was no competition that I heard about.
Concerning Bechtel’s track record, it took the Chemistry and Metallurgy Research Replacement Project at LANL from an original $600 million to $6 billion, and the Waste Treatment Facility at Hanford from $3.5 billion to $13 billion, and it may still never work.
• p. 42: “While NNSA has noted the CAS [Contractor Assurance System] reports have gotten more self-critical over FY15, the CNS end of year self-assessment was not self-critical. Given all the issues this year that impacted mission, it was unusual that the report was not more introspective.”
In fact, CNS gave itself a glowing self-assessment, which NNSA did not agree with. In all, NNSA awarded CNS $11.3 million out of a possible $20 million in incentive fees, along with a fixed fee of $31 million. For NNSA, that’s a pretty big slap on the wrist.
The Performance Evaluations Reports are available at https://nnsa.energy.gov/aboutus/ouroperations/apm/perfevals
NukeWatch successfully sued in 2012 to get the reports publicly released, but NNSA was misbehaving again and did not release the FY 2015 PERs until now. These reports are invaluable for insight into what NNSA sites actually do and related contractor performance. The reports are also becoming increasingly critical of contractor performance ever since the major security incident at Y-12 and the closure of the Waste Isolation Pilot Plant caused by an errant radioactive waste drum from Los Alamos.
Comment Period Extended for Proposed Los Alamos Cleanup Order
The New Mexico Environment Department’s Hazardous Waste Bureau is extending the public comment period on the proposed changes to the Draft Consent Order which governs legacy clean-up at Los Alamos National Laboratory.
The public comment period now continues through May 31. To obtain a copy of the documents or a portion thereof, visit the NMED website at https://web.archive.org/web/20170109131949/https://www.env.nm.gov/HWB/lanlperm.html under Consent Order.
Written comments must be based on information available for review and include, to the extent practicable, all referenced factual materials.
NMED is scheduled to present on the public comments received to date at the May 18 Northern New Mexico Citizens’ Advisory Committee meeting at the Cities of Gold Hotel, 10-A Cities of Gold Road, Santa Fe, New Mexico from 1:00 P.M. to 5:00 P.M.
AND WE HAVE EXPANDED OUR COMMENTS
Please let your voice be heard and turn in public comments. Copy the sample comments below and paste into an email. Please modify as you see fit, then email to the address below. If you don’t mind, please cc: us at: info(at)nukewatch(dot)org
[date]
Ms. Kathryn Roberts
New Mexico Environment Department
Post Office Box 5469
Santa Fe, New Mexico 87502
Via email to [email protected]
Dear Ms. Roberts,
I urge the New Mexico Environment Department (NMED) to abandon the proposed 2016 Compliance Order on Consent, or Consent Order, for Los Alamos National Laboratory (LANL), released for public comment on March 30, 2016. It creates serious problems and represents a giant step backwards in achieving the goal of genuine cleanup of the Laboratory.
The Environment Department should keep the existing Consent Order that went into effect March 1, 2005, while modifying and updating a cleanup schedule that includes a realistic final compliance date. I also formally request that NMED provide the opportunity for a public hearing on the revised cleanup schedule and new completion date, in accordance with the New Mexico Hazardous Waste Act and the 2005 Consent Order.
GENERAL COMMENTS
The opportunity for a public hearing must be provided
- Any extension of a final compliance date must be treated as a Class 3 permit modification to the 2005 Consent Order and therefore requires a 60-day public comment period.
- Any extension of a final compliance date under the 2005 Consent Order can be implemented only after the opportunity for public comment and a public hearing, including formal testimony and cross-examination of witnesses.
- The Environment Department is legally required to follow these public participation requirements that explicitly incorporated into the 2005 Consent Order.
Withdraw the proposed draft 2016 Consent Order
- The proposed draft represents a big step backwards in achieving the goal of genuine cleanup of the Laboratory.
- The Environment Department should keep the current 2005 Consent Order and revise the Section XII cleanup schedule and final compliance date.
- I request that the Environment Department withdraw the proposed draft 2016 Consent Order.
The public deserves the opportunity to comment on all following drafts
- It seems likely that a later draft – after the Lab’s and public comments are incorporated into a revised draft – and after closed-door negotiations between the Environment Department and the Laboratory – could be substantially different from the current draft.
- I request that the public have the opportunity to review and comment on any further drafts of a revised proposed 2016 Consent Order.
Public participation provisions in the existing 2005 Consent Order must be incorporated into the proposed draft 2016 Consent Order
- The proposed draft 2016 Consent Order explicitly limits public participation requirements incorporated into the existing 2005 Consent Order.
- I request that all notices, milestones, targets, annual negotiations, and modifications require public review and comment, and the opportunity for a public hearing.
The current state of cleanup must be updated and next steps scheduled
- Work under the existing 2005 Consent Order needs to be subject to public review. In 2005 DOE agreed to complete cleanup under the Consent Order by December 6, 2015, which did not happen. In order for the public to understand where the work under the existing Consent Order stands, LANL should be required to provide a current, publicly available list of the status of all cleanup projects under the 2005 Consent Order.
- Further, I request that next steps for cleanup at every site listed in the 2005 Consent Order be documented in detail and given a scheduled completion date, or alternatively verified as already completed.
- All documents submitted under the 2005 Consent Order must be incorporated into any revised Consent Order.
All documents must be made public as required in the 2005 Consent Order
- The State and the Lab must make all communications, documents, submittals, approvals, notices of deficiencies and denials under any revised Consent Order readily and electronically available to the public.
- The State and the Lab must notify individuals by e-mail of all submittals, as required in the 2005 Consent Order.
The Environment Department must respond in writing to all public comments
- I request that the State reply individually to each and every comment submitted.
- The Lab’s comments and NMED’s response to comments must be made public.
All future work must have enforceable deadlines
- The proposed draft 2016 Consent Order proposes a “Campaign” approach with enforceable cleanup deadlines limited to the work scheduled only for that year.
- I request that all anticipated cleanup projects have scheduled, enforceable cleanup deadlines from the beginning of any revised Consent Order.
The Consent Order cannot be open-ended
- Any Consent Order for LANL cleanup must have a final compliance date to which the State and the Lab agree to and are so bound.
- The public should be given an opportunity for a public hearing on the new final compliance date as required by New Mexico’s hazardous waste regulations.
SPECIFIC COMMENTS
The Proposed 2016 Consent Order Must Not Extend the Original Final Compliance Date Without Required Public Participation
The proposed 2016 consent order would indefinitely extend the final compliance date for completing corrective action at the Laboratory, without the opportunity for a public hearing with formal testimony and cross-examination of witnesses. Any extension of a final compliance date under the 2005 Consent Order requires a 60-day public comment period and the opportunity for a public hearing, including formal testimony and cross-examination. The Environment Department is legally required to follow these procedural requirements.
The legal requirements that mandate a public hearing are clear. Section XII of the 2005 Consent Order establishes the compliance schedule for implementation and completion of corrective actions at specific sites at the Laboratory. This schedule is mandatory. The final report that was to be submitted under the 2005 Consent Order – therefore, the final compliance date – was the remedy completion report for the huge Area G waste dump, required to be submitted by December 6, 2015. The proposed 2016 Consent Order would indefinitely extend this final compliance date by not designating a specific final compliance date.
But this revision must be treated as a major Class 3 permit modification. Section III.W.5 of the 2005 Consent Order explicitly provides for the preservation of full procedural rights for the public as follows:
This Consent Order hereby incorporates all rights, procedures and other protections afforded the Respondents [DOE and UC, now LANS] and the public pursuant to the regulations at 20.4.1.900 NMAC (incorporating 40 C.F.R. § 270.42) and 20.4.1.901 NMAC, including, but not limited to, opportunities for public participation, including public notice and comment, administrative hearings, and judicial appeals concerning, for example, remedy selection decisions of the [Environment] Department.
Thus, extension of a final compliance date under the 2005 Consent Order requires a 60-day public comment period and the opportunity for a public hearing, including formal testimony and cross-examination.
The Proposed New Consent Order Must Not Limit Other Public Participation Procedures
The proposed 2016 Consent Order expressly limits public participation requirements in a way that completely diverges from those provided in the 2005 Consent Order. As explained above, the 2005 Consent Order explicitly protects procedural due process rights available to the public. The proposed 2016 Consent Order explicitly removes these protections, as follows:
The Parties agree that the rights, procedures and other protections set forth at 20.4.1.900 NMAC (incorporating 40 C.F.R. § 270.42), 20.4.1.901 NMAC, and 20.4.1.902 NMAC, including, but not limited to, opportunities for public participation, including public notice and comment, administrative hearings, and judicial appeals, do not apply to modification of the Consent Order itself. [Emphasis added]
Thus, as proposed in the above language, the Parties (the Environment Department, Department of Energy and Los Alamos National Security, LLC) have inappropriately agreed to remove the due process rights, procedures and other protections provided to the public under the Resource Conservation and Recovery Act (RCRA) and the New Mexico Hazardous Waste Act. This provision must be stripped from the proposed 2016 Consent Order.
The Proposed New Consent Order Must Not Eliminate Enforceable Deadlines
The proposed 2016 consent order would eliminate all the deadlines for completing cleanup under the 2005 Consent Order, and replace them with an open-ended and vague scheduling process, with limited enforcement opportunities.
The 2005 Consent Order, in Section XII, established dozens of deadlines for the completion of corrective action tasks, including completion of investigations at individual sites, installation of groundwater monitoring wells, submittal of groundwater monitoring reports, evaluation of remedial alternatives for individual sites, and completion of final remedies. These deadlines are enforceable under section III.G.
The proposed 2016 Consent Order would abandon the 2005 Consent Order provisions and replace them with a so-called “Campaign Approach” under Section VIII. Under Section VIII.A.3, it would be up to the DOE, not the regulator at the New Mexico Environment Department, to select the timing and scope of each “campaign.”
Enforceable deadlines for cleanup tasks would apply no more than one year into the future. Deadlines would be based on “Campaigns” negotiated each year with DOE with no public participation and opportunity to comment on the schedule. To add insult to injury, the annual schedule would be determined by funding at DOE’s discretion, rather than the schedule driving the funding, which was the fundamental approach of the 2005 Consent Order.
All cleanup projects must mandatory completion dates scheduled from the beginning date of any revised Consent Order, and must be fully enforceable.
Existing Violations Must Not Be Eliminated
Section II.A of the proposed 2016 Consent Order would “settle any outstanding violations of the 2005 Consent Order.” This is a get out of jail free card. Without enforceable schedules from the beginning, any consent order is not truly unenforceable, and the Environment Department would be abdicating its responsibility to protect human health and the environment as required by the federal Resource Conservation and Recovery Act (RCRA) and the New Mexico Hazardous Waste Act. NMED must not surrender its regulatory and enforcement powers!
Attorney General Approval Must Be Obtained
The 2005 Consent Order was signed by the Attorney General of New Mexico for purposes of the Covenant Not to Sue (section III.) and the Reservation of Rights (section III.). As indicated on the draft signature page, there is no indication of the NM Attorney General plans to sign the proposed 2016 Consent Order. Yet it would provide the State of New Mexico with a covenant not to sue DOE on behalf of the State of New Mexico, not merely on behalf of the Environment Department. The Attorney General was an active participant, representing the People of New Mexico, in the 2005 Consent Order. The Environment Department has a responsibility to ensure that the NM Attorney General is consulted, and his approval obtained, before any consent order is adopted.
The Proposed 2016 Consent Order Must Not Omit Detailed Requirements Found in the 2005 Consent Order
The 2005 Consent Order includes numerous detailed requirements for such things as well installation, sample collection, and preparation of work plans and reports. These ensure that the cleanup work is done properly, consistently, and according to standard industry practices. They also ensured that work plans and reports were consistent, easy for the Environment Department to review, and easy for the public to understand. The proposed 2016 Consent Order omits many such requirements, which should be corrected.
The Proposed 2016 Consent Order Must Not Allow Budget To Dictate Cleanup
The proposed 2016 Consent Order allows DOE to provide cleanup priorities based on anticipated budget, which is backwards. . By the time NMED receives an estimated annual cleanup budget from DOE, the horse has left the barn. The original purpose of the 2005 Consent Order was to compel DOE and LANL to ask Congress for additional funds to accelerate cleanup. The giant loophole in the proposed 2016 Consent Order that allows DOE and LANL to say that they don’t have sufficient funding and therefore can choose to exempt themselves from cleanup should be eliminated.
Cleanup Levels Must Remain Strict
Section IX Cleanup Objectives and Cleanup Levels of the proposed 2016 Consent Order would allow DOE to “develop site specific ecological cleanup levels” to mitigate unacceptable ecological risk due to release of site-related contaminants. There is no mention of NMED’s role in this process. DOE would be allowed to demonstrate to NMED that any particular “cleanup objective is impracticable.” To do this, DOE may consider such things as technical difficulty, the cost of the project, hazards to workers or to the public, and any other basis that may support a finding of impracticability. If NMED approves the impracticability request, DOE can then propose alternative cleanup methods using site-specific risk assessments. All of this could take place behind closed doors, as there are no public participation requirements in this section. Please clarify what cleanup levels will be used and when and where they will be applied.
New Mexico deserves better
In closing, the Environment Department’s proposed 2016 Consent Order allows the federal government to leave Northern New Mexico contaminated if DOE believes that cleanup is too difficult or costly– a sorry situation indeed for a nuclear weapons facility that receives over 2 billion taxpayer dollars a year. Instead, the New Mexico Environment Department should implement a new revised Consent Order that is aggressive and enforceable and in which the State of New Mexico stays in the driver’s seat, not LANL and DOE. That would be a real win-win for New Mexicans, helping to permanently protect the environment and our precious water resources while creating hundreds of high-paying cleanup jobs. .
Sincerely,
Name
City
The new draft Consent Order is available at
https://www.env.nm.gov/HWB/lanlperm.html#COOC
NMED’s public notice for the draft Consent Order is available at
https://www.env.nm.gov/HWB/documents/PublicNotice__English.pdf
The public comment period ends 5:00 pm May 31, 2016.
Comments should be submitted to [email protected]
Sample General Comments on the proposed new Los Alamos Cleanup Agreement
The New Mexico Environment Department (NMED) has issued a draft revised Consent Order (CO), which was the agreement in 2005 between the State and the federal Department of Energy (DOE) for fence-to-fence cleanup of legacy Cold War wastes at the Los Alamos National Laboratory (LANL). The Consent Order was designed as a plan-to-make-a-plan with investigations of contaminated sites followed by cleanup decisions and remediation. Milestones and penalties were included to keep funding and cleanup on track.
Serious investigation and cleanup began under the 2005 Consent Order. From 2005 through 2010, DOE and its contractors, under NMED oversight, accomplished significant progressed towards cleanup of the Laboratory. Much investigation work was completed. A large plume of hexavalent chromium was discovered in groundwater. Remedies were completed at dozens of individual sites.
Little cleanup has been accomplished in the last few years. We fear that the new Consent Order, if adopted, would continue that downward trend. It does not have enforceable milestones for all cleanup projects from the beginning. Instead the new plan is for NMED and DOE to decide every 1 to 3 years which sites will be addressed for cleanup “Campaigns”. This may allow Los Alamos to never address all the sites, and revert cleanup back to the way it was done before the 2005 Consent Order with budget driving cleanup. This is contrary to the original purpose of the CO, which was to compel DOE and LANL to get additional money from Congress for cleanup.
NMED’s public notice for the draft Consent Order is available at
https://www.env.nm.gov/HWB/documents/PublicNotice__English.pdf
The new draft Consent Order is available at
https://www.env.nm.gov/HWB/lanlperm.html#COOC
Please let your voice be heard and turn in public comments. Copy the sample comments below and paste into an email. Please modify as you see fit, then email to the address below. If you don’t mind, please cc: us at: info(at)nukewatch(dot)org
The 45-day public comment period ends 5:00 pm May 16, 2016.
Comments should be submitted to:
Ms. Katherine Roberts
Division Director
New Mexico Environment Department
Post Office Box 5469
Santa Fe, New Mexico 87502
Comments on the proposed new Consent Order
Withdraw this draft
- This draft represents a big step backwards in achieving the goal of genuine, comprehensive cleanup of the Laboratory.
- The Environment Department should keep the current 2005 Consent Order with necessary revisions to the cleanup schedule.
- I request that the Environment Department withdraw this draft Consent Order.
A 45-day comment period on this first draft is inadequate
- The March 30, 2016 draft document is a new Consent Order and, as such, thoroughly reviewing the document is a big task.
- I request that at least another 15 days be added to the public comment period.
The public deserves the opportunity to comment on all following drafts
- It seems likely that a later draft – after the Lab’s and the public’s comments are incorporated – could be substantially different from the current draft.
- I request that the public have the opportunity to comment on any further drafts of the new Consent Order.
Public participation must be put back into the new Consent Order
- The new Consent Order would expressly limit public participation requirements which would be opposite from the 2005 Consent Order.
- I request that all milestones, targets, annual negotiations, and modifications require the opportunity for public review and comment.
The current status of all areas of cleanup must be updated
- A current list of the status of all cleanup at Los Alamos must be included in the new Consent Order.
- I request that the next step for cleanup at every site be documented in detail.
- All previous 2005 Consent Order documents must be incorporated in to the new Consent Order.
All documents must be made public
- The State and the Lab must make all communications, documents, and submittals specified in this Consent Order readily available to the public.
- The State and the Lab shall notify individuals by e-mail of all submittals as specified in this Consent Order.
All future work must have enforceable deadlines
- The new Consent Order would institute a “Campaign” approach with enforceable cleanup deadlines for only one year at a time.
- I request that all cleanup work items have scheduled, enforceable dates.
- The new revised Consent Order creates a giant loophole for DOE and LANL to plead that they don’t have enough funding and therefore don’t have to do the cleanup. The original intent of the Consent Order was to make DOE and LANL get more funding for cleanup from Congress. The “I’m too poor” excuse should be eliminated from any final Consent Order.
The revised Consent Order cannot be open-ended
- Any new Consent Order must have a detailed, enforceable schedule of genuine cleanup milestones.
- I request that the public be given an opportunity for a hearing on the new Consent Order.
Sincerely,
Your name
City
State
NukeWatch NM Heads to DC To Stop U.S. Nuclear Weapons “Trillion Dollar Trainwreck”
NukeWatch NM Heads to Washington to Press Congress, Obama Officials
To Stop U.S. Nuclear Weapons “Trillion Dollar Trainwreck” —
LANL Whistleblower Chuck Montaño to Be Honored
Three members of Nuclear Watch New Mexico will visit Washington, DC from April 17 to April 20 to oppose U.S. Department of Energy (DOE) nuclear weapons projects, which they say will lead to a “trillion dollar trainwreck” through out-of control spending, more radioactive waste generation, and weapons proliferation. The group will meet with the New Mexican congressional delegation, committee staffers, and administration officials with responsibility for U. S. nuclear policies to press for new funding priorities.
The Nuclear Watch NM delegation will be working with more than 50 colleagues from two dozen other states who are participating in the 28th annual Alliance for Nuclear Accountability “DC Days.” They will distribute copies of the ANA’s new report “Trillion Dollar Trainwreck” a detailed analysis of the Obama Administration’s latest plans to spend more money on nuclear weapons without truly enhancing U.S. security.
Jay Coghlan, NukeWatch director and president of the ANA Board of Directors, said, “Massive spending on nuclear weapons ‘modernization’ creates potential catastrophic risks for U.S. taxpayers, the environment and world peace. We will press policy-makers to cut programs that fund dangerous DOE boondoggles. The money saved should be redirected to dismantling weapons and cleaning up the legacy of nuclear weapons research, testing and production.”
NukeWatch NM Steering Committee member Chuck Montaño will receive recognition during DC Days from the Alliance for Nuclear Accountability (ANA) at a reception on April 19, 2015, at the Hart Senate Office Building. He, along with California’s senior U.S. Senator Diane Feinstein and ranking member of the House Armed Services Committee Rep. Adam Smith (D.-WA), will be among those honored by ANA for their efforts to hold the nuclear weapons military-industrial complex accountable. Montaño is being recognized for his advocacy confronting whistleblower and employee abuse, managerial malfeasance and fraudulent activity, all of which he documents in his recently released book detailing the chain of events that led to him becoming a federally protected whistleblower.
Montaño commented that he wrote Los Alamos: Secret Colony, Hidden Truths, “so people can appreciate the Lab’s full impact and legacy, not just what institutional leaders want the public to remember. There are important events I document for posterity, which may otherwise be hidden or erased from memory, and I didn’t want that to happen.”
Jay Coghlan, NukeWatch director, said, “I am very proud of Chuck Montaño, especially since he’s a Nuke Watch Steering Committee member as well. We depend on people like him with the inside story to help keep the Lab safe for communities and workers alike. It’s gratifying to see that the Alliance for Nuclear Accountability and its many member organizations appreciate his efforts.”
Mr. Montaño, a lifelong Santa Fe area resident, was employed at the Los Alamos National Laboratory for 32 years, until his forced retirement from the lab in 2010. He is also the former Director of Fraud and Special Audits for the Office of the New Mexico State Auditor.
The Alliance for Nuclear Accountability (ANA) is a network of three-dozen local, regional and national organizations representing the concerns of communities downwind and downstream from U.S. nuclear weapons production and radioactive waste disposal sites.
# # #
Chuck Montaño’s book Los Alamos: Secret Colony, Hidden Truths
is available at www.losalamosdiary.com