Call to action! Comments Against WIPP Expansion Needed By April 3rd

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:


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

Fax: 505-476-6030


New Radiation Symbol

Testimony Calls Out Continued DOE Cost Estimating Mismanagement

Testimony Calls Out Continued DOE Cost Estimating Mismanagement

Given that DOE has challenges estimating almost all large projects, taxpayers must push to spend on cleanup first. Both nuclear weapons and environmental management estimates keep increasing. We can keep spending on dangerous nuclear weapons that we don’t need, or we can finally focus on cleaning up the Cold War mess.

Government Accountability Office (GAO) officials presented some of their recent work to Congress concerning management problems facing the Department of Energy’s (DOE) National Nuclear Security Administration (NNSA) and Office of Environmental Management (EM). NNSA is responsible for managing the nation’s nuclear weapons and supporting the nation’s nuclear nonproliferation efforts. In support of these missions, NNSA’s February 2016 budget justification for the Weapons Activities appropriations account included about $49.4 billion for fiscal years 2017 through 2021 to implement its nuclear weapons complex modernization plans. More recently, in November 2017, NNSA issued its Stockpile Stewardship and Management Plan, which included about $10.2 billion for nuclear weapons activities for fiscal year 2018.

Since the end of the Cold War, it is claimed that much of the nuclear weapons production infrastructure has become outdated, prompting congressional and executive branch decision makers to call on DOE to develop plans to modernize. The Department of Defense’s (DOD) 2010 Nuclear Posture Review identified long-term modernization wishes and alleged requirements. In January 2017, the President directed the Secretary of Defense to initiate a new Nuclear Posture Review to meet the Administration’s vision. This review was released in February 2018.

GAO has found that NNSA’s estimates of funding needed for its modernization plans exceeded the budgetary projections included in the President’s own modernization budgets. And the costs of some major modernization programs—such as for nuclear weapon Life Extension Programs (LEPs) — may also increase and further bust future modernization budgets.

The LEPs facing potential cost increases include:

B61-12 LEP. An independent cost estimate for the program completed in October 2016 exceeded the program’s self-conducted cost estimate from June 2016 by $2.6 billion.

W80-4 LEP. Officials from NNSA’s Office of Cost Policy and Analysis told us that this program may be underfunded by at least $1 billion to meet the program’s existing schedule

W88 Alteration 370. According to officials from NNSA’s Office of Cost Policy and Analysis, this program’s expanded scope of work may result in about $1 billion in additional costs.

EM is responsible for decontaminating and decommissioning nuclear facilities and sites that are contaminated from decades of nuclear weapons production and nuclear energy research. In February 2017, GAO reported that, since its inception in 1989, EM has spent over $164 billion on cleanup efforts, which include retrieving, treating, and disposing of nuclear waste.

GAO found that the federal government’s environmental liability has been growing for the past 20 years—and is likely to continue to increase—and that DOE is responsible for over 80 percent ($372 billion) of the nearly $450 billion reported environmental liability. Notably, this estimate does not reflect all of the future cleanup responsibilities that DOE may face.

EM Growing Liability
Department of Energy’s Office of Environmental Management’s Annual Spending and Growing Environmental Liability













As NNSA works to modernize the nuclear weapons complex, EM is addressing the legacy of 70 years of nuclear weapons production. These activities generated large amounts of radioactive waste, spent nuclear fuel, excess plutonium and uranium, and contaminated soil and groundwater. They also contaminated thousands of sites and facilities, including land, buildings, and other structures and their systems and equipment. Various federal laws, agreements with states (including New Mexico), and court decisions require the federal government to clean up environmental hazards at federal sites and facilities, such as nuclear weapons production facilities. For years, GAO and others have reported on shortcomings in DOE’s approach to addressing its environmental liabilities, including incomplete data on the extent of cleanup needed.

EM has some budget issues, too.

Examples of costs that DOE cannot yet estimate include the following:

DOE has not yet developed a cleanup plan or cost estimate for the Nevada National Security Site and, as a result, the cost of future cleanup of this site was not included in DOE’s fiscal year 2015 reported environmental liability. The nearly 1,400-square-mile site has been used for hundreds of nuclear weapons tests since 1951. These activities have resulted in more than 45 million cubic feet of radioactive waste at the site. According to DOE’s financial statement, since DOE is not yet required to establish a plan to clean up the site, the costs for this work are excluded from DOE’s annually reported environmental liability.

DOE’s reported environmental liability includes an estimate for the cost of a permanent nuclear waste repository, but these estimates are highly uncertain and likely to increase. In March 2015, in response to the termination of the Yucca Mountain repository program, DOE proposed separate repositories for defense high-level and commercial waste. In January 2017, we reported that the cost estimate for DOE’s new approach excluded the costs and time frames for site selection and site characterization.

Nuclear New Mexico




Check out our new Nuclear New Mexico map.

Map of nuclear sites in NM
New Mexico nuclear sites including uranium mines, national labs, tests, and waste dumps

There’s more information here on all of these sites.








Oppose Plans To Bring ALL the Nation’s Commercial Reactor Waste To New Mexico!

Oppose Plans To Bring ALL the Nation’s Commercial Reactor Waste To New Mexico!

Contact your New Mexico U.S. Representative ASAP!

Contact Information and Sample Request are Below

Please vote against Shimkus Nuclear Waste Bill

U.S. Rep. John Shimkus (Republican-Illinois) succeeded in rushing his high-level radioactive waste dump/centralized interim storage facility (including parts targeted at New Mexico!) legislation past the Environment and the Economy Subcommittee he chairs.

Title I of the bill provides that the DOE Secretary could enter into agreements to pay for private storage facilities, such as the Holtec site in Eddy and Lea Counties in New Mexico. That would change the existing law’s prohibitions of such DOE action, which have been in place for 35 years.

If a centralized interim storage facility, or “de facto permanent parking lot dump,” is opened at the Eddy-Lea [Counties] Energy Alliance (ELEA) site near the Waste Isolation Pilot Plant, incredibly large numbers of high-level radioactive shipments could come to NM. ELEA is a scheme being promoted by the New Jersey-based Holtec International irradiated nuclear fuel shipping/storage container company. Holtec submitted its application to the Nuclear Regulatory Commission (NRC) for a 40-year license to store 100,000 metric tons of commercial spent fuel. There are currently 80,000 metric tons stored at reactors around the country.

ALL the commercial spent fuel in the country could end up in New Mexico, which has no commercial reactors and did not generate any of this waste.

Please note that Ben Ray Luján (Democrat-New Mexico-3rd U.S. Congressional District) <> serves on the U.S. House Energy & Commerce Committee. If you reside in his district, it is especially important that you contact him ASAP, urging his leadership in opposing this bill! And please urge your friends, neighbors, family, etc. to do the same!

If you reside elsewhere in New Mexico, please contact your own U.S. Representative. This bill will impact the entire state of New Mexico — in fact, it will impact the entire country!


BEN RAY LUJÁN (Democrat-NM’s 3rd U.S. Congressional District)

Email <>

Washington, D.C. office direct phone number: (202) 225-6190

Santa Fe Office, Ph: (505) 984-8950


MICHELLE LUJAN GRISHAM (Democrat-NM’s 1st U.S. Congressional District)

Email Link <>

Washington, D.C. Office: Ph:(202) 225-6316

Albuquerque Office: Ph: (505) 346-6781


U.S. Rep. STEVE PEARCE (Republican-NM’s 2nd U.S. Congressional District)

Washington, D.C. Office: Phone: (202) 225-2365

Alamogordo Office: Phone: 855-4-PEARCE


For More Info




Subject: Please vote against Shimkus Nuclear Waste Bill

Please convey to Rep. Lujan our strong opposition to the Shimkus unnumbered nuclear waste bill that was reported by the Environment Subcommittee of E&C on June 15. We ask that he vote against the bill during full committee markup. We also urge him to speak against the bill and voice New Mexico’s objections to being targeted for ALL of the nation’s commercial spent nuclear fuel.

Title I of the bill provides that the DOE Secretary could enter into agreements to pay for private storage facilities, such as the Holtec site in New Mexico and Waste Control Specialists in Texas. That would change the existing law’s prohibitions of such DOE action, which have been in place for 35 years.

Such a change is unwarranted because spent fuel can stay at the existing reactor storage sites, would allow for unnecessary and dangerous transportation across the nation, and supports a false premise that New Mexicans support such a facility. As the Congressman knows, that is not true. New Mexicans opposed spent nuclear fuel and high-level waste coming to WIPP, which resulted in the prohibition of such waste in the 1992 WIPP Land Withdrawal Act.

New Mexicans and many tribal members opposed the private storage facility proposed on the Mescalero Apache Reservation in the 1990s. New Mexicans continue to oppose bringing spent fuel to the state. The Holtec license application to the Nuclear Regulatory Commission states that the site would be designed for 100,000 metric tons of commercial spent fuel. That’s ALL of the spent fuel that currently exists (less than 80,000 metric tons), plus decades more of spent fuel production at nuclear power plants.

The bill also has many objectionable provisions related to Yucca Mountain, western water and land rights, reducing environmental protections, among many other things.

Thus, the bill’s many flaws make it unworkable.

Please vote against the bill during markup.

Thank you very much for your consideration.

Your name


Zip Code


Watchdogs Assail Revolving Door Between New Mexico Environment Department and Polluters

The New Mexico legislature should hold NMED’s 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 NM Press Release

For immediate release: January 17, 2017

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


Watchdogs Assail Revolving Door

Between New Mexico Environment Department and Polluters;

Gov. Martinez Fails to Protect State Budget and Environment

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

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

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

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

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

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

An original 2005 Consent Order negotiated between NMED and DOE was meant to compel comprehensive cleanup at LANL and force the Energy Department to increase cleanup funding. The new Consent Order, likely negotiated at least in part between Gelles and Roberts, contains giant loopholes whereby DOE can get out of cleanup by simply claiming that is too difficult or too costly. In fact, since the new Consent Order went into effect in June 2016, DOE has announced that the cost of “Remaining Legacy Cleanup” of radioactive and toxic wastes from more than 70 years of nuclear weapons research and production at LANL will cost $2.9 to $3.8 billion through fiscal year 2035, averaging $153 million per year, which is ridiculously low. That cost estimate clearly assumes that the Lab’s major radioactive and toxic wastes dumps will not be cleaned up. Instead they will be “capped and covered,” leaving some 200,000 cubic yards of radioactive and toxic wastes at Area G, its largest waste dump, posing a permanent threat to groundwater. DOE’s cost estimate for future LANL cleanup assumes flat funding out to FY 2035, and notes how that cost is “Aligned to [the] 2016 Consent Order.” This is a distinct and very unfortunate break from the 2005 Consent Order.

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

[For more, see here]

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

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

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

# # #


Energy Dept Misrepresents Cost and Scope of Los Alamos Cleanup

New Mexican Politicians Should Not Be Misled

Energy Dept Misrepresents Cost and Scope of Los Alamos Cleanup

Santa Fe, NM – The Department of Energy (DOE) has released a 2016 Lifecycle Cost Estimate Summary of proposed future cleanup at the Los Alamos National Laboratory (LANL).  At the beginning of that document DOE declares that “An estimated 5,000 cubic meters of legacy waste remains, of which approximately 2,400 cm [cubic meters] is retrievably stored below ground”, a claim which was widely reported in New Mexican media.  From there DOE estimates that it will cost $2.9 to $3.8 billion to complete so-called cleanup around 2040.

The public was notified of the 2016 Lifecycle Cost Estimate in a September 15 Santa Fe City press release, with the subtitle “Study Lays Out Timeline, Costs, and More, Answers Critical Questions with Honest Assessment.” Santa Fe Mayor Javier Gonzales is quoted, “This report represents the first and most comprehensive release of specific plans to complete the cleanup of legacy waste at LANL, and is a big step forward for the people in these communities who want to see a concrete commitment to making progress.” Mayor Gonzales went on to thank Senators Udall and Heinrich and Rep. Ben Ray Lujan for their help in obtaining the report.

However, the DOE report is far from honest. It intentionally omits any mention of approximately 150,000 cubic meters of poorly characterized radioactive and toxic wastes just at Area G (LANL’s largest waste dump) alone, an amount of wastes 30 times larger than DOE acknowledges in the 2016 Lifecycle Cost Estimate. In reality, DOE and LANL plan to not clean up Area G, instead installing an “engineered cover” and leaving the wastes permanently buried. This will create a permanent nuclear waste dump above the regional groundwater aquifer, three miles uphill from the Rio Grande. Radioactive and toxic wastes are buried directly in the ground without liners, and migration of plutonium has been detected 200 feet below Area G’s surface.

Santa Fe Mayor Gonzales is the Vice-Chair of the Regional Coalition of LANL Communities. The Coalition is comprised of elected official from eight cities, counties and pueblos surrounding LANL, and is overwhelmingly funded by DOE and Los Alamos County. The same Santa Fe City press release quotes the RCLC Executive Director, “The Lifecycle Baseline documentation provides our communities the necessary foundation to properly advocate on behalf of the best possible scenarios for cleaning up legacy nuclear waste at the Laboratory in the most time and cost-efficient manner. After years of requests for this document, we now have the tool that can get us to additional cleanup dollars to get the job done.”

However, the 2016 Lifecycle Cost Estimate Summary itself states that it is “based on realistic expectations of annual funding for the remaining work” (last page, unnumbered) and “annual funding is expected to remain constant throughout the duration of the cleanup mission” (p. 5). While annual funding for the Lab’s nuclear weapons programs has climbed to $1.5 billion, cleanup has fallen from a high of $225 million in FY 2014 to $189 million requested for FY 2017. Moreover, this trend of declining cleanup funding may be exacerbated by the planned trillion dollar “modernization” of U.S. nuclear forces, including research and production sites like LANL (which is slated to quadruple production of the plutonium pit triggers for nuclear weapons). Instead of being a tool for additional dollars for genuine, comprehensive cleanup, the 2016 Lifecycle Cost Estimate Summary is a DOE ploy to avoid cleaning up more than 90% of all wastes at LANL.

Jay Coghlan, Nuclear Watch New Mexico Executive Director, commented, “Mayor Gonzales and the Regional Coalition are to be commended for getting any Lab cleanup plan at all out of the Department of Energy. But now they should take the next step and get the Department of Energy to quit being so chintzy with cleanup. Our elected officials should demand that DOE retract its false claim that there is only 5,000 cubic meters of waste left at LANL to clean up. Then our politicians should push hard for a genuine, comprehensive cleanup plan that permanently protects the environment and our precious water resources while creating hundreds of high paying jobs.”

# # #

The Department of Energy’s 2016 Lifecycle Cost Estimate Summary is available at

Estimated quantities of waste at Area G (in cubic yards) are from Table G3.41, MDA G Corrective Measures Evaluation, 2011, LANS, p. G-13. See excerpts at

The full MDA G Corrective Measures Evaluation (159 MB) is available at

Documentation of the plutonium detection 200 feet below the surface of Area G is at Plate_B-3_radionuclides_subsurface.pdf


Radioactive waste disposal practices at Los Alamos National Laboratory

WIPP Proposes to Eliminate Waste Sampling – Comments Needed!

WIPP Proposes to Eliminate Waste Sampling – Speak Out!

Since the Department of Energy (DOE) opened the Waste Isolation Pilot Plant (WIPP) in 1999, the transuranic (TRU-plutonium-contaminated) waste has been subjected to chemical sampling and laboratory analysis to determine what toxic chemicals are present before the waste can be shipped to WIPP. The WIPP operating permit issued by the New Mexico Environment Department (NMED) has required headspace gas sampling of non-solidified waste and coring of solidified waste to help determine toxic chemicals and their concentrations. DOE now wants to eliminate all requirements for headspace gas and solids sampling from the WIPP permit. But people can speak out about DOE’s plans!
Read the fact sheet here.

Submit written comments to the New Mexico Environment Department (NMED).
Tell NMED:
I am very concerned that eliminating sampling of waste bound for WIPP would reduce health and safety protections because such analysis is still needed, including for the many waste streams that have not yet been sampled. NMED should deny the request. Any future requests to reduce or eliminate sampling should only be made after the kind of systematic approach recommended by the National Academy of Sciences is carried out and made public and after representative sampling is done for waste streams that have not yet been shipped to WIPP.

The deadline for written comments to NMED is February 18, 2013. Submit to:
Trais Kliphuis, New Mexico Environment Department, 2905 Rodeo Park Drive East, Building 1, Santa Fe, NM 87505, or
The complete 301-page permit modification request (13 MB) can be found at: