On Saturday, January 15^th, we pause to honor the life of The Reverend Doctor Martin Luther King, Jr., an apostle for nonviolence.  https://nmmlksc.org/  And now that holiday is joined by another celebration, just one week later.  On January 22, 2021, the Treaty on the Prohibition of Nuclear Weapons entered into force.  https://www.un.org/disarmament/wmd/nuclear/tpnw/

This landmark international treaty will be celebrated around the globe, including in New Mexico.  Please join CCNS http://nuclearactive.org/ , Veterans for Peace https://www.facebook.com/santafeveteransforpeace , Nuclear Watch New Mexico https://nukewatch.org/ and others on Saturday, January 22^nd from 1 to 3 pm at Ashley Pond in Los Alamos to honor Dr. King and to celebrate the first anniversary of the Treaty on the Prohibition of Nuclear Weapons.

More than fifty years after his death, Dr. King is remembered as a civil rights icon.  There is no need to speculate about whether King would support the treaty.

Here are just a few of King’s statements about nuclear weapons.  [We note there are several different versions of the same MLK, Jr. quotes on the internet.]

In February 1968, King said, “We have played havoc with the destiny of the world and we have brought the whole world closer to nuclear confrontation. . . . [T]he alternative to disarmament, the alternative to a greater suspension of nuclear tests, the alternative to strengthening the United Nations and thereby disarming the whole world will be a civilization plunged into the abyss of annihilation, and our earthly habitat would be transformed into an inferno that even the mind of Dante could not envision.  We have to see that and work diligently and passionately for peace.”  http://consistent-life.org/blog/index.php/2020/01/20/martin-luther-king-on-nuclear-weapons/

In April 1960, King called for his religious colleagues to join him in his denunciation of nuclear weapons.  He wrote in The Christian Century, “I am convinced that the church cannot remain silent while [hu]mankind faces the threat of being plunged into the abyss of nuclear annihilation.  If the church is true to its mission, it must call for an end to the arms race.”  https://www.christiancentury.org/article/pilgrimage-nonviolence

King’s statements about nuclear weapons could be delivered today with equal persuasiveness and even more urgency.  Now, nine nations possess nuclear weapons, including the United States, and they are deployed on hair-trigger alert around the globe.  https://www.icanw.org/nuclear_arsenals

For more information about Dr. King and the Treaty on the Prohibition of Nuclear Weapons, please visit the websites of the Oak Ridge Environmental Peace Alliance https://orepa.org/ , and the International Campaign to Abolish Nuclear Weapons https://www.icanw.org/ .  To get involved in the January 22^nd celebrations, please connect with the Nuclear Ban Treaty Days of Action facebook page.

DYK this great news?   On December 22, 2021, NM Attorney General Hector Balderas submitted a petition to the Nuclear Regulatory Commission (NRC) Seeking Revocation of the Materials License for Interim Storage Partners (ISP) (formerly Waste Control Specialists) for a Consolidated Interim Storage Facility (CISF) (on the NM/TX border, five miles east of Eunice, NM) for high-level radioactive waste/spent nuclear fuel.  ML21362A429

https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML21362A429

1. On Friday, January 7^th at 8 am MT, Don Hancock will join host Stephen Spitz to discuss the “Proposed Expansion of WIPP,” on KUNM 89.9 FM’s New Mexico People Place and Ideas. https://www.kunm.org/ For more information: https://mailchi.mp/kunm.org/kunm-radio-zounds-2022-01jan-122221#NMPPI

Also, check out Lorene Mills’ Report from Santa Fe interview with Don Hancock about the proposed expansion of WIPP.  They discuss the 1981 Consultation and Cooperation Agreement (C&C Agreement) between NM and DOE, which requires DOE “to provide the state and the public with information about what it is going to do, before it makes major changes to WIPP,” which DOE has not done.   http://reportfromsantafe.com/episodes/view/675/don-hancock-southwest-research-and-information-center/

2. In 2022, CCNS will continue our legal challenges of the New Mexico Environment Department’s decisions that do not protect the people and environment from activities at WIPP and LANL. Legal challenges include more permit modifications for WIPP expansion to double the size of the underground disposal area and to keep it open until 2080 and beyond – essentially FOREVER.

Importantly, the hazardous wastes permits for both LANL and WIPP expired in 2020.  NMED has administratively continued the permits, while allowing piecemeal permit modifications to be processed.  The permit renewal process opens up the entire permit for public review and comment.  In 2022 the Environment Department must release the draft hazardous waste permits for public review, comment and public hearings.  No more delays!

Your financial support is needed to keep these challenges going.  Please make an end of the year contribution to our Legal Defense Fund.  Contribute today at http://nuclearactive.org/or mail your check to CCNS, POB 31147, Santa Fe, NM  87594-1147.   Thank you!

3. Tuesday, January 18^th at noon:  NM Legislature begins its 30-day session.  https://nmlegis.gov/

The New Year will begin with the New Mexico Environment Department’s virtual public meeting about the annual cleanup plan for legacy waste at Los Alamos National Laboratory (LANL).  The cleanup work is being done under the 2016 Consent Order with an estimated completion date of 2036.  The annual meeting is required by the Consent Order to discuss cleanup of legacy waste that was buried prior to 1999.  The virtual meeting will be held on Thursday, January 6^th from 5:30 to 7 pm via WebEx or by phone.  HWB-LANL-English_Notice-of-Public-Meeting-Appendix-B-FFY-2022-1      HWB-LANL-Spanish_Notice-of-Public-Meeting-Appendix-B-FFY-2022  https://www.env.nm.gov/hazardous-waste/lanl/, scroll down to 2022 Fiscal Year Annual Planning Process and the public notices in English and Spanish.

The public meeting notice explains that the Consent Order “both guides and governs the ongoing cleanup of legacy waste at LANL through a campaign-based approach and the annual planning process.”

Earlier this month, LANL submitted its updated Consent Order appendices to the Environment Department. DOE FY22 CO Appendices A, B & C 12-2-21 EMID-701785 The three appendices are also available for public review and are available on the Environment Department’s website.  https://www.env.nm.gov/hazardous-waste/lanl/ , scroll down to December 2, 2021 entry under 2022 Federal Fiscal Year Annual Planning Process.

The three appendices are:

Appendix C provides a listing and description of the cleanup campaigns at LANL.  There are 17 Campaigns, lettered A through Q.

Appendix B contains the cleanup milestones for the campaigns in 2022 and the campaign cleanup targets for 2023 and 2024.  There are 19 milestones and include remediation work for several high profile cleanups, including the hexavalent chromium plume in the regional drinking water aquifer below Mortandad Canyon; the high explosive contamination, again in the regional drinking water aquifer, in the southwest corner of LANL at Technical Area 16; and remedies for the large unlined dumps at Areas G, H and L at Technical Area 54, near the White Rock community, and Area C at Technical Area 50, near the Plutonium Facility.

Appendix A is a list of the 1,405 legacy waste sites located across the LANL site that have been or will be cleaned up.  LANL reports that 375 sites have received certificates of completion from the Environment Department.  There are also 134 deferred sites that will not be cleaned up until after operations are completed, such as sites where high explosives and improvised explosive devices are tested.

This month Congress passed the National Defense Authorization Act, which provided nearly $770 billion for military spending.  Cleanup funding for LANL increased from $220 million to $275 million.

Congress also included $1 billion for LANL plutonium operations to fabricate 30 triggers for new nuclear weapons, which operations will continue to generate waste.  One billion dollars is a substantial increase from the $837 million this year and the $308 million two years ago.

1. In 2022, CCNS will continue our legal challenges of the New Mexico Environment Department’s decisions that do not protect the people and environment from activities at WIPP and LANL. Legal challenges include the discharge permit for LANL’s Radioactive Liquid Waste Treatment Facility (which treats waters from the Plutonium Facility, among others), two LANL discharge permits for extraction and injection of chromium plume waters, and land application of the “treated” waters on dirt roads in Mortandad Canyon, the general air quality permit for LANL; and of course, more permit modifications for WIPP expansion to double the size of the underground disposal area and to keep it open until 2080 and beyond – essentially FOREVER.

Importantly, the hazardous wastes permits for both LANL and WIPP expired in 2020.  NMED has administratively continued the permits, while allowing piecemeal permit modifications to be processed.  The permit renewal process opens up the entire permit for public review and comment.  In 2022 the Environment Department must release the draft hazardous waste permits for public review, comment and public hearings.  No more delays!

Your financial support is needed to keep these challenges going.  Please make an end of the year contribution to our Legal Defense Fund.  Contribute today at http://nuclearactive.org/or mail your check to CCNS, POB 31147, Santa Fe, NM  87594-1147.   Thank you!

2. Saturday, January 22, 2022 from 1 to 3 pm at Ashley Pond in Los Alamos – First Anniversary Celebration of the Treaty on the Prohibition of Nuclear Weapons!!! Join Veterans for Peace, CCNS, Nuclear Watch NM and others to celebrate and commemorate the first anniversary of the entry into force of the Treaty!!! As we get closer to the event, more information will be available.

Happy New Year!  Be safe!  Be well!

Two appeals have been filed in the New Mexico Court of Appeals to challenge the decision by New Mexico Environment Department Secretary James Kenney to approve the new shaft at the Waste Isolation Pilot Plant (WIPP).  Concerned Citizens for Nuclear Safety filed the second appeal on November 29^th.  On November 9^th, Southwest Research and Information Center and Cynthia Weehler had filed the first appeal.  https://www.env.nm.gov/opf/docketed-matters/ , scroll down to HWB 21-02 – APPEAL:  Waste Isolation Pilot Plant:  Class 3 Permit Modification Request, “Excavation of a New Shaft and Associated Connecting Drifts.

 SRIC and Weehler also asked Secretary Kenney for a stay, that is, a delay, of shaft construction until the Court of Appeals rules on their appeal.  On the stay motion, Secretary Kenney can grant, or deny, or take no action.  If he does not grant the stay, or if he takes no action by January 10^th, a stay motion then could be filed with the Court of Appeals.  https://www.env.nm.gov/opf/docketed-matters/ , scroll down to HWB 21-02 –Waste Isolation Pilot Plant:  Class 3 Permit Modification Request, “Excavation of a New Shaft and Associated Connecting Drifts.  Unfortunately, key documents are missing, including the SRIC/Weehler Motion for Stay Pending Appeal, the Hearing Officer’s Report and the Secretary’s Final Order.

The stay motion was supported by three affidavits.  Cynthia Weehler stated that she purchased her home near U.S. Highway 285 knowing that the WIPP Permit anticipated that shipments to WIPP would end in 2024.  Now, the WIPP expansion plan that requires the new shaft “would result in thousands of additional shipments coming near my house for many decades.”  She is very concerned that accidents could result in health effects and “such shipments will reduce my property values.”

Kathleen Wan Povi Sanchez, an Elder from the Tewa Pueblo of San Ildefonso and among the founding mothers of Tewa Women United, stated in her affidavit that an increase in waste transportation near two schools located on New Mexico Highway 502 would endanger the health of Pueblo children in attendance.  Further, “The WIPP expansion plan would result in thousands of new shipments using [] Highway 502 for decades transporting plutonium from the Pantex Plant near Amarillo, Texas to [Los Alamos National Laboratory], and from [Los Alamos] to the Savannah River Site, followed by shipments from that site to WIPP.”

Steve Zappe, who worked on WIPP for 17 years at the Environment Department, provided the third affidavit.  He pointed out that new shaft construction was stopped in October 2020, and that the construction that had occurred was required to be reversible in case the shaft was not permitted.  He stated that the Environment Department “should be equally considerate towards the judicial review process as it was in the administrative permit modification process, to ensure the courts have sufficient time to review objectively the facts and arguments associated with the appeal.”

The Environment Department Hazardous Waste Bureau, the Department of Energy, and the WIPP contractor, Nuclear Waste Partnership, oppose the stay motion.  https://www.env.nm.gov/hazardous-waste/ and https://wipp.energy.gov/

1. In 2022, CCNS will continue our legal challenges to the unprotective decisions made by the New Mexico Environment Department about WIPP and LANL. Your financial support is needed to keep these challenges going.  Please make an end of the year contribution to our Legal Defense Fund.  Contribute today at http://nuclearactive.org/  Thank you!

2. By Friday, December 31^st, email Know Nukes Tokyo, a non-political organization run by university students in Japan, your short message to the Japanese government urging it to participate in the Conference of the Parties to the Treaty on the Prohibition of Nuclear Weapons at the United Nations Office in Vienna, March 22 to 24, 2022.

Know Nukes Tokyo will share your messages via social media to raise public awareness, while simultaneously, it will submit them to the Japanese government!  Please click this link to fill out the form and send us your message!

3. Saturday, January 22, 2022 from 1 to 3 pm at Ashley Pond in Los Alamos – First Anniversary Celebration of the Treaty on the Prohibition of Nuclear Weapons!!! Join Veterans for Peace, CCNS, Nuclear Watch NM and others to celebrate and commemorate the first anniversary of the entry into force of the Treaty!!!   As we get closer to the event, more information will be available.

Enjoy your holidays!

At 1:00 p.m. Mountain Time on Sunday, December 19^th, the Archbishop of Santa Fe, John C. Wester, will hold an “Unveiling and Blessing of a Sign of Peace,” The Shrine of Our Lady of Guadalupe in downtown Santa Fe, New Mexico at the intersection of Guadalupe and Alameda Streets.  https://archdiosf.org/events/the-unveiling-and-blessing-of-a-sign-of-peace  It will be held in the open, so attendees should dress warmly and observe COVID protocols of masking and social distancing.  In keeping with the tradition of Our Lady of Guadalupe, attendees are encouraged to bring a rose, as well as their hopes, prayers and aspirations for a peaceful world.  https://santuariodeguadalupesantafe.com/  It will also be live-streamed at https://nukewatch.org/

Archbishop Wester will unveil this sign to initiate a conversation on nuclear weapons disarmament as a critical step toward world peace.  He believes the Archdiocese of Santa Fe has a special role to play in facilitating this urgent dialogue.

The location has added significance because, less than 100 yards away, Los Alamos National Laboratory is leasing an office building for its expanding work force, as it ramps up production of plutonium pits, or cores, for new nuclear weapons.  This is part of the accelerating nuclear arms race, arguably more dangerous than the Cold War. http://chriswebster.com/images/SFprop/Commercial/100_Guadalupe01sm.jpg

On January 20, 2021, two days before the entry into force of the Treaty on the Prohibition of Nuclear Weapons, also known as the Nuclear Weapons Ban Treaty, Pope Francis spoke at the Vatican, appealing to all nations to work toward a world without nuclear weapons.  The Vatican was the first state to sign and ratify the Treaty on September 20, 2017.  https://www.vatican.va/content/francesco/en/audiences/2021/documents/papa-francesco_20210120_udienza-generale.html

The Treaty was the first legally binding international agreement to prohibit signatory states from developing, testing, producing, stockpiling, stationing, transferring and using or threatening to use nuclear arms.  The Treaty reached the required 50 signatures in October 2020.  At present 58 states are participating.  https://www.icanw.org/

These countries seek to ban the bomb just as chemical and biological weapons have been banned. They began negotiating the ban treaty in 2015, 45 years after the 1970 Nuclear Non-Proliferation Treaty when the nuclear weapons states of the U.S., Russia, the U.K., France and China had promised to work “in good faith” for nuclear disarmament.  https://www.un.org/disarmament/wmd/nuclear/npt/  The non-nuclear weapons states foresaw a time when nuclear weapons also would become legally taboo.

In his January 2021 appeal, Pope Francis shared his vision of a world without nuclear weapons, adding that this may best be accomplished by “contributing to the advancement of peace and multilateral cooperation, which humanity greatly needs.”

1. Your financial support is greatly appreciated to help keep the CCNS social media network going. Contribute today at http://nuclearactive.org/

2. Monday, December 20^th by 5 pm MT – Get your comments in to the NM Environment Department about DOE’s plans to change the levels of volatile organic compounds (VOCs) in Panel 8 at the Waste Isolation Pilot Plant (WIPP). Your comments will make a difference! A sample public comment letter you can use is available at  http://nuclearactive.org/public-comments-needed-for-public-hearing-on-wipp-panel-8/

3. Saturday, January 22, 2022 from 1 to 3 pm at Ashley Pond in Los Alamos – First Anniversary Celebration of the Treaty on the Prohibition of Nuclear Weapons!!! Join Veterans for Peace, CCNS, Nuclear Watch NM and others to celebrate and commemorate the first anniversary of the entry into force of the Treaty!!!   As we get closer to the event, more information will be available.

In a stunning bipartisan vote, this week the U.S. House Judiciary Committee passed the Radiation Exposure Compensation Act Amendments of 2021 on a vote of 25 to 8.  Eighteen Democrats and seven Republicans voted for the bill, while eight Republicans voted against it.  The next step for this important bill for New Mexico’s Downwinders and Post’71 Uranium Workers is a vote on the House Floor.  The House Democratic leaders will decide when that vote happens.  If the vote were successful, the next step would be to send the bill to the Senate for consideration.  To view the 15 minute session, go to https://judiciary.house.gov/calendar/eventsingle.aspx?EventID=4807 and begin watching at 3:41.

On September 22, 2021, Representative Teresa Leger Fernandez, representing Northern New Mexico, introduced the proposed amendments that extend the RECA program for 19 years and expand the number of eligible individuals, the number of cancers and the amount of compensation paid to those harmed by overexposure to radiation.  https://fernandez.house.gov/  The House of Representatives Bill is Number 5338.  https://www.congress.gov/bill/117th-congress/house-bill/5338?r=10&s=1

On the Senate side, Senator Mike Crapo, of Idaho, is the sponsor.  Senator Ben Ray Lujan, of New Mexico, is a co-sponsor.  As a congressman, Senator Lujan worked closely with Senator Crapo to introduce the RECA amendments.  The Senate Bill is Number 2798.  https://www.congress.gov/bill/117th-congress/senate-bill/2798

Powerful House allies include Judiciary Committee Chairman Jerrold Nadler, of New York, https://judiciary.house.gov/news/documentsingle.aspx?DocumentID=4812 and original co-sponsor Representative Burgess Owens, of Utah.  Representative Owens spoke eloquently about the responsibility of the U.S. government to provide for those harmed by radiation during the build-up of the nuclear weapons complex.  Bipartisan members of the committee recognized his leadership in educating members about the bill and encouraging support for it.  https://owens.house.gov/

Representative Ken Buck, of Colorado, also spoke in full support of the bill.  He said that while the bill is not perfect, it is a step in the right direction to compensate Downwinders.  He said that despite new information about the diseases caused by radiation exposure and the geographic distribution of the fallout from the above-ground atomic tests, RECA has not been amended since 2000.  He explained that “radiation exposure has destroyed lives across the western U.S. and Congress needs to meaningfully reform RECA to meet the current needs of Downwinders.”  Representative Buck said he would do everything he can to ensure the bill moves forward in a bipartisan manner.  https://buck.house.gov/

For those working to be included in the RECA program, including the Tularosa Basin Downwinders Consortium https://www.trinitydownwinders.com/ and the Post’71 Uranium Workers https://swuraniumimpacts.org/ , the passage of the bill out the Judiciary Committee is encouraging as it is the first time in 20 years that the amendments have passed a committee.

1. Your financial support is greatly appreciated to help keep the CCNS social media network going. Contribute today at http://nuclearactive.org/

2. Get your comments in – by Monday, December 20^th – about DOE’s plans to change the levels of volatile organic compounds (VOCs) in Panel 8 at the Waste Isolation Pilot Plant (WIPP). A sample public comment letter you can use is available at  http://nuclearactive.org/public-comments-needed-for-public-hearing-on-wipp-panel-8/

On Tuesday, November 30^th, the Department of Energy (DOE) held a press conference to announce the third attempt to find communities, sovereign tribal nations, or local or state governments to host an interim federal storage facility for high-level radioactive waste from commercial nuclear reactors.  DOE issued a request for information in which it “especially welcome[s] insight from people, communities, and groups that have historically not been well-represented in these discussions.”  In the past, almost all communities have rejected hosting such a site because it might become a “forever” site as no permanent disposal site has been identified.

New Mexico Governor Michelle Lujan Grisham and Texas Governor Greg Abbott have both definitively stated that they do not consent to interim storage of commercial nuclear power plant waste at the proposed Holtec site in southeastern New Mexico or at Waste Control Specialists / Interim Storage Partners site in west Texas, on the New Mexico border.  http://nuclearactive.org/wp-content/uploads/2019/06/NM-Governor-Holtec-Ltr-060719.pdf  and http://nuclearactive.org/texas-bans-high-level-nuclear-waste-storage-nrc-approves-high-level-radioactive-waste-dump-there/

Despite the Governors’ statements that the states do not consent, Dr. Kathryn Huff, Principal Deputy Assistant Secretary for Nuclear Energy, said that she would be glad to hear from New Mexico and Texas communities, noting that those sites are proposed by private companies and are different from the consent-based process.  Huff said she expects thousands of comments on the request for information.  https://www.federalregister.gov/documents/2021/12/01/2021-25724/notice-of-request-for-information-rfi-on-using-a-consent-based-siting-process-to-identify-federal

In the early 1990s, the first attempt was made with the appointment of a Nuclear Waste Negotiator who granted funds to communities to consider hosting an interim site.  The Mescalero Apaches of New Mexico accepted funding to consider it, but in the end, rejected hosting an interim storage site.  http://nuclearactive.org/report-from-december-9th-summit-to-halt-high-level-radioactive-waste-dumping-in-new-mexico-and-west-texas/

Under the Obama administration, a second attempt was made through a number of public meetings throughout the country, though no funding was provided.

The Consolidated Appropriations Act of 2021, passed by Congress, supports the third attempt.  It provides $20 million to DOE to begin the consent-based siting process “to support near-term action in managing the nation’s spent nuclear fuel and is an important component of an integrated waste management system.”

DOE asks for commenters to address questions, such as:  “How should [DOE] build considerations of social equity and environmental justice into a consent-based siting process?” and “What barriers might prevent meaningful participation in a consent-based siting process and how could those barriers be mitigated or removed?”  https://www.energy.gov/articles/doe-restarts-consent-based-siting-program-spent-nuclear-fuel-requests-input-interim

On Tuesday, December 7^th at 2 pm Eastern Time, Dr. Huff will be available for a virtual question and answer.  https://pnnl.zoomgov.com/webinar/register/WN_37M0wNLUTImCkpOJdM11fQ?utm_medium=email&utm_source=govdelivery

Comments are due by 5 pm Eastern Time on Friday, March 4, 2022 and may be submitted to consentbasedsiting@hq.doe.gov.

1. TODAY! Dec. 2^nd from 5:30 to 7 pm MT – New Mexico Environmental Law Center, Environmental Justice Series, featuring Youth United for Climate Crisis Action (YUCCA).  Join the community conversation with YUCCA leaders who will present their work and the importance of youth leadership and involvement in the legislative session.  Register here: https://nmelc-ejseries-yucca.eventbrite.com

Here is also a link to the Facebook event page: https://www.facebook.com/events/603594134428078?ref=newsfeed

2. Thurs. Dec. 2^nd from 3 pm to 5:30 pm MT and Fri. Dec. 3^rd from midnight to 2:30 am MT – World Nuclear Survivor’s Forum 2021 – a virtual event. From the organizer Akira Kawasaki; Peace Boat:  +81(0)3 3363 7561

Mobile/WhatsApp: +81(0)90 8310 5370  Skype: akirakawas :

“This will be a unique opportunity to hear powerful stories and vital messages, directly from nuclear survivors from around the globe. The Forum will be open for anyone to join, held over two time blocks to cover different timezones) and available for viewing directly on the nuclearsurvivors.org website and on Youtube.

“No registration is needed – you can just come straight to the web site and view the Youtube videos immediately from there.

“We also encourage you to join the conversation on Youtube by actively sharing your comments, thoughts, questions and so on – these will be fed into the discussions on the day and also the summary documents and outcomes to follow.”

“The videos will remain available on Youtube as an archive so please do take a look even if you are not able to join in real time.”

November 29, 2021

Season’s Greetings,

   We’ll get right to the point.  We need your financial support.  Year in and year out, you rely on CCNS’s experience and strategic positioning of nuclear weapons complex issues to provide your input into the process.  We want to continue this important work in 2022.

   Perhaps most importantly, we will continue to urge the Governor to utilize the tools she has to prevent the expansion of the Waste Isolation Pilot Plant (WIPP).  Extending WIPP operations from 2024 to 2080, if successful, would threaten to normalize the idea that the rest of the country may treat New Mexico as a nuclear dumping ground.  It would make it harder to oppose increased levels of nuclear pit production at Los Alamos National Laboratory (LANL) by creating the false impression that plutonium-contaminated waste can be carted away to WIPP and then ignored.  We need a safe and clean environment in New Mexico:  we do not need more plutonium pits. 

   With your help, we’ll celebrate the first anniversary of the Treaty on the Prohibition of Nuclear Weapons on January 22, 2022.  We’ll launch a campaign to ask our congressional delegation about the plan to transition LANL away from nuclear weapons to life-affirming science, such as cleanup. 

   CCNS will continue to produce our weekly CCNS News Update and social media outreach. 

   We will continue to challenge WIPP expansion through the administrative hearing processes and in the New Mexico Court of Appeals.

   Protecting water from LANL contamination is essential.  Since the May 2000 Cerro Grande fire, CCNS has taken a lead role in that effort.  We continue to monitor the monthly meetings of the Buckman Direct Diversion Board, oppose the proposed return flow pipeline from the Paseo Rael Wastewater Treatment Plant (on Airport Road) to the Buckman, and challenge groundwater discharge permits that do not protect water quality.

   Working with diverse groups of young people from the Communities for Clean Water and St. John’s College is continuing.  They are sensitive to environmental and social justice, civil rights, and environmental protection and are eager to learn and participate in the public processes.  It is exciting work! 

   We thank you in advance for your moral support and for your financial contributions in any amount you are able to give at this time.  Please consider:

• joining our amazing group of monthly contributors at http://nuclearactive.org/
• donating mutual funds, stocks and securities
• giving through an IRA Charitable Rollover
• leaving an estate gift such as a bequest or other planned gift
• Spread the word by sharing our message via email with your contacts
• Make sure you’re following us on Facebook and Instagram

Best wishes for a healthy, safe and peaceful 2022!

Grant Franks, Myrriah Gómez and Basia Miller, CCNS Board

Joni Arends, Co-founder and Executive Director

The Department of Energy (DOE) has raised the height of the underground waste disposal Panel 8 from 13 feet to 16 feet at the Waste Isolation Pilot Plant (WIPP) in violation of the Permit.  DOE also did not inform the New Mexico Environment Department of that change, another violation of the Permit.  DOE is now asking the Environment Department to ignore the Permit violations and approve the increased height and to adjust the potential volatile organic compounds (VOCs) that workers may be exposed to.

The VOCs of concern are:  carbon tetrachloride, chlorobenzene, chloroform, 1,1-dichloroethylene, 1,2-Dichloroethane, methylene chloride, 1,1,2,2-Tetrachloroethane, toluene, 1,1,1-trichloroethane, and trichloroethylene.

This is the fourth permit modification request with opportunity for public comment this year.  If you have been keeping track, the requests have been for the construction and operation of a new Shaft No. 5 and associated drifts –  https://www.env.nm.gov/hazardous-waste/wipp/, scroll down to October 27, 2021 entry; operation of a new Salt Cell No. 5 and Salt Storage Pond No. 5 – https://www.env.nm.gov/opf/docketed-matters/, scroll down to GWQB 21-19 Groundwater Discharge Permit DP-831, Administrative Appeal to Cabinet Secretary;  construction and use of new Panels 11 and 12 – https://www.env.nm.gov/hazardous-waste/wipp/ , scroll down to August 3, 2021 entry; and now the Panel 8 VOC room-based limits –   https://www.env.nm.gov/hazardous-waste/wipp/ , scroll down to October 15, 2021 entry.

Last month, the Environment Department Secretary approved new Shaft No. 5, which decision Southwest Research and Information Center and Cynthia Weehler have appealed to the New Mexico Court of Appeals.  http://nuclearactive.org/appeal-filed-against-nmed-approval-of-the-new-shaft-at-wipp/

Excavation of Panel 8 began in December 2013.  At that time the ceiling was mined to 13 feet high, as the Permit requires.

Panel 8 excavation was halted when on February 14^th, 2014 one or more drums of radioactive and hazardous waste exploded and contaminated the underground and the exhaust shaft.  When Panel 8 excavation resumed in 2018, the room height was increased to 16 feet.  But there was no notice of the change to the Environment Department, another violation of the Permit.

Mining of Panel 8 has been completed and DOE plans to begin disposing of waste next spring.  This means DOE is rushing to obtain Environment Department approval.  

As part of its plans to expand WIPP and keep it open until 2080, DOE submitted a Class 2 permit modification request to the Environment Department to authorize changes in Panel 8 to account for the increased ceiling height and adjust the VOC limits.  https://www.env.nm.gov/hazardous-waste/wipp/ , scroll down to October 15, 2021 entry.

A Class 2 request may be approved by the Environment Department following a public comment period, which ends on December 20^th, 2021.  Because of the Permit violations and significant public concerns about WIPP expansion, CCNS and colleague non-governmental organizations believe the request should be denied or subject to a public hearing.

CCNS prepared a sample public comment letter you can use to show significant public concern about the DOE’s permit modification request.  Rev. 1 Public comment WIPP Panel 8 11-23-21

1. GIVING TUESDAY – Nov. 30^th. You rely on CCNS to provide you with the latest nuclear safety issues and ways you can respond – links to key meetings, sample public comment letters, etc. On Giving Tuesday, please give as generously as you are able to keep us going to oppose expansion of WIPP and LANL.  One way we are doing that is to push for the NM Environment Department to release its draft hazardous waste permits – already two years late – for WIPP and LANL for public review and comment.  Thank you!

2. Nov. 30^th from 2 to 4 pm MT – EPA Individual Stormwater Permit for LANL required virtual public meeting. The meeting agenda includes:  an update from Communities for Clean Water; updates on Individual Permit and copper site-specific water quality criteria; monitoring year 2021 sample results; control measure construction update; and questions and answers.  Links to meeting available at:  https://n3b-la.com/individual-permit-public-meeting-november-30-2021/ and https://ext.em-la.doe.gov/ips.

3. Dec. 2^nd from 5:30 to 7 pm MT – New Mexico Environmental Law Center, Environmental Justice Series, featuring Youth United for Climate Crisis Action (YUCCA). Join the community conversation with YUCCA leaders who will present their work and the importance of youth leadership and involvement in the legislative session.  Register here: https://nmelc-ejseries-yucca.eventbrite.com      Here is also a link to the Facebook event page: https://www.facebook.com/events/603594134428078?ref=newsfeed

On October 27^th, New Mexico Environment Department Secretary James Kenney granted the Department of Energy (DOE) and its contractor, Nuclear Waste Partnership, the latest approval they requested to expand the Waste Isolation Pilot Plant (WIPP) and keep it open for decades, essentially forever.  The Secretary approved the excavation and operation of new Shaft No. 5 and its drifts, or corridors, all located west of the existing underground disposal site, 2,150 feet below the surface.  See October 27, 2021 entries at https://www.env.nm.gov/hazardous-waste/wipp/

Southwest Research and Information Center (SRIC) and Cynthia Weehler have now appealed that Final Decision to the New Mexico Court of Appeals.  http://sric.org/ They are asking the Court to overturn the decision because of many factual and legal mistakes made by the Hearing Officer, all of which were approved without change. For example, the Secretary’s decision stated that the new shaft will restore the ventilation system to full operations. However, a permit change in 2018, which did not include the new shaft, would provide that ventilation.

SRIC has also asked the Secretary to put construction of the new shaft on hold until the Court can rule on the appeal. That is because if the shaft is constructed, the Court will not be able to hear the case and make a decision to prevent the construction. The Secretary can approve or deny the stay or take no action.  His decision on the stay can also be appealed to the Court of Appeals.

The stay request was supported by three affidavits. One was from Steve Zappe, who was the Environment Department WIPP Permit writer for 17 years. Mr. Zappe’s affidavit stressed that under the Environment Department’s 2020 permission, construction on the new shaft was specifically conditioned on it being reversed, if it was not ultimately approved. Construction was stopped in October 2020. But if the construction resumed, there would be no such requirement that it could be reversed.

Kathleen Sanchez and Cynthia Weehler also gave affidavits. Ms. Sanchez stated that her Tewa Pueblo land is on the WIPP shipment route from Los Alamos to WIPP. She strongly opposes WIPP expansion, and the hundreds of new shipments that would endanger her. No Tewa translation services were provided during the shaft hearing and her comments were not considered.

Cynthia Weehler lives on U.S. 285 near Santa Fe on the WIPP route. She purchased her home knowing the WIPP Permit stated that the last WIPP shipments would be in 2024. However, the new shaft and WIPP expansion will keep WIPP open for decades beyond that date and endanger her. Similarly, her comments were not considered in the Secretary’s decision.

1. Please give as generously as you are able to CCNS. We really need your financial support. We’re carrying a heavy load to push for the draft hazardous waste permits for WIPP and LANL to be released by the NM Environment Department for public review and comment.  Thank you for your continuing support!

2. This weekend: Don Hancock, of Southwest Research and Information Center (SRIC), on Report from Santa Fe, with Lorene Mills.  It will be aired throughout NM:

• Saturday night, November 20, 2021, 6:00 p.m. for the entire east side of the state, on Channel 3, KENW-TV, the PBS station in Portales.
• STATEWIDE the DISH-TV network also airs it on Channel 3 at this time.
• Sunday morning, November 21, 8:00 a.m. for Las Cruces and the Southern part of the State, on KRWG-TV, the PBS station in Las Cruces, Channel 22.
• Sunday morning, November 21, 8:00 a.m. for Albuquerque and Santa Fe and all of Northern New Mexico, on Channel 5, KNME-TV, the PBS station in Albuquerque.
• Sunday afternoon, November 21, 4:30 pm Channel 5.4 for Albuquerque, Santa Fe, and Northern NM (Ch.5.4 over the air, can also be seen on Comcast Cable Ch. 204).
• The interview will be heard on the radio on Monday morning, November 22, at 9:30 a.m. KANW-FM, 89.1 over the air and streaming online.

3. Nov. 21^st at 8 pm ET, 6 pm MT, 5 pm PT – In the Dark of the Valley documentary about the “cleanup” and on-going community health issues related to the DOE/NASA/Boeing Santa Susana Field Laboratory, near Simi Valley, CA.

In addition, the film can be viewed at any time via:

• NBC’s website  https://www.nbc.com/in-the-dark-of-the-valley/video/in-the-dark-of-the-valley/8000004910 – you can log-in with your TV/Cable provider info or click “sign up”
• The MSNBC app – Again, you’ll need to log-in with your TV/Cable provider info. The MSNBC Apple app can be downloaded here, Android via Amazon here
• Hulu (only the pricier Hulu + Live TV package) – if you don’t have Hulu or the Hulu + Live TV package, you can sign up for a free 7 day trial
• It can also be viewed via the Spectrum, going to On Demand, then MSNBC.  It may also apply on Roku, Fubo, and similar streaming services that offer access to cable channels.

4. Nov. 22^nd from 10 am – noon – Virtual Public Meeting – Weather Modification Application for License by Western Weather Consultants, LLC
   Proposed project – Two to two and a half month cloud seeding project proposed to start in December, 2021

Please register for PUBLIC MEETING – Weather Modification Application for License by Western Weather Consultants, LLC Proposed project – on Nov 22, 2021 10:00 AM MST to Noon at:

https://attendee.gotowebinar.com/register/6190940277286566411

After registering, you will receive a confirmation email containing information about joining the webinar.  Please note, if you prefer to use your phone, you must select “Use Telephone” after joining the webinar and call in using the numbers below.
United States: +1 (213) 929-4212
Access Code: 455-042-101
Audio PIN: Shown after joining the webinar

For more information:  https://lajicarita.wordpress.com/2021/11/18/virtual-public-meeting-on-proposed-cloud-seeding-in-the-sangre-de-cristos/

5. Tues. Nov. 30^th from 2 to 4 pm MT – EPA Individual Stormwater Permit for LANL required virtual public meeting. The meeting agenda includes:  an update from Communities for Clean Water; updates on Individual Permit and copper site-specific water quality criteria; monitoring year 2021 sample results; control measure construction update; and questions and answers.  Links to meeting available at:  https://n3b-la.com/individual-permit-public-meeting-november-30-2021/ and https://ext.em-la.doe.gov/ips

It is always interesting to learn how the Department of Energy and its contractors prioritize their work at Los Alamos National Laboratory.  This week, the public learned that DOE asked the LANL cleanup contractor, N3B, to request that the New Mexico Environment Department move 19 hazardous waste sites from one part of the hazardous waste permit to another.  https://n3b-la.com/n3b-los-alamos-hosts-public-meeting-on-cleanup-status-of-19-historical-lanl-sites-in-pueblo-canyon/

During this week’s virtual public meeting, Joni Arends of CCNS, asked why the request comes at a time when the hazardous waste permit renewal is already two years behind schedule.  N3B reported that DOE had asked it to submit the request.  Later, when pressed by Arends, it became clear that the request was made to meet an arbitrary contract performance measure resulting in a possible monetary bonus to N3B.

Unlike DOE, CCNS’s concern is for the Environment Department to issue LANL’s draft hazardous waste permit for public review and comment.  Every ten years, the hazardous waste permit is up for renewal.  The current permit was issued in December 2010.  Since spring 2020, when LANL submitted its renewal application, the Environment Department has failed to issue a timely draft permit.  https://www.env.nm.gov/hazardous-waste/lanl-permit/

The beauty of the permit renewal process is that it provides for enhanced public participation. The entire permit is open for public review and comment on all aspects of hazardous waste operations at key nuclear weapons facilities, including those associated with plutonium pits, or the triggers, for nuclear weapons.  They are Technical Area 3 (the old Chemistry & Metallurgy Research Building); TA-50 (the Radioactive Liquid Waste Treatment Facility); TA-54 (Areas G (radioactive, hazardous & toxic waste disposal), H (buried classified shapes, photos, lithimun, etc.)) and L (liquid radioactive, hazardous and toxic liquids); TA-55 (Plutonium Facility); and TA-63 (the Transuranic Waste Facility).

The hazardous waste permit covers operations at only those five of the many LANL sites that handle, treat and store hazardous waste. For this reason, the public process is critical.  Nevertheless, due to the lack of the necessary funding for staffing across the Environment Department, and the Hazardous Waste Bureau in particular, the draft LANL renewal permit is already two years late.

Similarly, the hazardous waste renewal permit for the Waste Isolation Pilot Plant is already two years late.  WIPP has submitted many permit modifications which review is limited to the proposed modifications.  As a result, DOE’s expansion plans are not receiving the full required public examination as provided for in the permit renewal process.  https://www.env.nm.gov/hazardous-waste/wipp/

CCNS views the N3B proposal to move the 19 sites within the LANL hazardous waste permit as a diversion from the Environment Department’s requirement to issue timely draft renewal permits.  Scroll down the page – https://n3b-la.com/outreach/

CCNS will prepare sample public comments you can use to submit to the Environment Department asking that N3B’s request for the 19 sites be shelved until the draft renewal permit is released for public review and comment.  Public comments are due by December 5, 2021.

Please give as generously as you are able to CCNS. We really need your financial support.  We’re carrying a heavy load to push for the draft hazardous waste permits to be released by the NM Environment Department for public review and comment.  Thank you for your continuing support!