What power does a Governor have to address toxic chemicals found in her state?  In this case, PFAS chemicals detected at Department of Defense and Department of Energy sites in New Mexico.  State Governors have special statutory authority to petition the Administrator of the federal Environmental Protection Agency (EPA) to identify or list a material as a hazardous waste.  New Mexico Governor Michelle Lujan Grisham did just that this week when she petitioned EPA Administrator Michael S. Regan to list per- and poly-fluorinated substances, or PFAS, as a class of toxic chemicals.  2021-06-23-Governor-letter-to-EPA-for-PFAS-petition

Her petition, filed under the federal hazardous waste law, declared, “PFAS chemicals present an imminent and substantial endangerment to human health and the environment.”  Importantly, under the law, EPA is required to respond to the petition within 90 days, or on or before September 21^st.

Governor Lujan Grisham referenced two highly technical petitions from the Environmental Law Clinic at the University of California, Berkeley and the Public Employees for Environmental Responsibility that were also filed with the EPA Administrator.  UC Berkeley EJ Clinic pfas_petition_for_haz_waste_jan_2020_metadata_added and https://www.peer.org/groups-petition-epa-to-regulate-pfas-waste/

Here in New Mexico, Lake Holloman, about a mile from Holloman Air Force Base, near Alamogordo, is contaminated with two individual PFAS, called PFOA and PFOS.  EPA’s health advisory sets an exposure limit of 70 parts per trillion.  To comprehend the toxicity of PFAS chemicals, one part per trillion is equivalent to one second in 32,000 years.

Astronomical levels of PFOA were detected in Lake Holloman, as high as 5,900,000 parts per trillion, which is more than 84,000 times the EPA’s health advisory.  PFOS were detected at 1,600,000 parts per trillion, more than 22,000 times the EPA’s exposure limit.  Governor’s Petition, p. 3.

The Governor’s petition is an important step to protect and cleanup New Mexico’s waters.

In related news, the virtual public hearing before the New Mexico Water Quality Control Commission to review New Mexico’s Surface Water Quality Standards begins on Tuesday, July 13^th.  The Clean Water Act requires states to review their surface water standards every three years, thus the administrative process is called the Triennial Review.  Monitoring for PFAS chemicals is part of the review.  https://www.env.nm.gov/surface-water-quality/2020-triennial-review/

Significantly, Los Alamos National Laboratory (LANL), through the Department of Energy and its contractor, Triad National Security, LLC, has petitioned the Water Quality Control Commission to limit the definition of “toxic pollutants.”  https://www.env.nm.gov/water-quality-control-commission/wqcc-20-51-r/  If approved, LANL would be allowed to evade all monitoring of PFAS chemicals, and would eliminate New Mexico’s authority to protect surface waters.  The Governor’s Environment Department opposes the LANL petition.

To learn more about the Triennial Review and how you can help protect New Mexico’s waters, please visit the Communities for Clean Water website at http://ccwnewmexico.org/

Did You Know?  We are Podcasting! 

1. TODAY! Th. June 24^th from 5:30 to 7 pm – NM Environmental Law Center Environmental Justice Series about Water Contamination in Northern New Mexico with the Communities for Clean Water (CCW).   CCW’s mission is to ensure that community waters impacted by LANL are kept safe for drinking, agriculture, sacred ceremonies, and a sustainable future.  CCNS is a founding member of CCW.  https://nmelc.org/  To register:  https://nmelc-ejseries-ccw.eventbrite.com  

 2. Every Friday from noon to 1 pm – Protest LANL signing a 10-year lease (for the former Descartes building) to establish itself “permanently” in Santa Fe at the corner of Guadalupe and W. Alameda.  JOIN Veterans for Peace, CCNS, Nuclear Watch NM, and others.  We’ll have banners.  Please bring a sign.

3. Sat. June 26^th from 9 to 11 am MDT webinar – Pressuring the Nuclear Weapons Profiteers with divestment, direct action, media, and international law. Speakers and Facilitators:  Susi Snyder, Don’t Bank on the Bomb, Nick Cantrell, Green Future Wealth Management, and Vicki Elson, Treaty Alignment Campaign.  CCNS is a co-sponsor of the webinar.  REGISTER HERE or https://masspeaceaction.org/event/pressuring-the-nuclear-weapons-profiteers/

4. MARK YOUR CALENDAR!  Saturday, July 17^th – Tularosa Basin Downwinders Consortium (TBDC) Town Hall Meeting and Candlelight Vigil in Tularosa.  From 2 to 4 pm, the TBDC will host a Town Hall meeting to discuss the Radiation Exposure Compensation Act (RECA) at the old Community Center.  At 8 pm, the TBDC will host the 12^th Annual Candlelight Vigil to memorialize loved ones who have lost their lives to cancer and honor those who are living with or who have survived cancer.  It will take place at the Tularosa Little League Field.  Gates open at 7:30 pm.  Stay tuned for more details.  https://www.trinitydownwinders.com/

The presidents of the United States of America and Russia met for several hours on Wednesday, June 16^th, 2021, in Geneva, Switzerland.  They discussed a number of matters, including cyber security, human rights, and “strategic stability,” or arms control.  Strategic stability is defined as no first use of nuclear weapons and no build up of nuclear forces.  The two countries possess 91 percent of the world’s nuclear weapons.  https://fas.org/issues/nuclear-weapons/status-world-nuclear-forces/

Acknowledging the two countries’ progress towards arms control, including the recent five-year extension of the New Strategic Arms Reduction Treaty, or New START Treaty, the two presidents agreed to create a bilateral Strategy Stability Dialogue.  The goal of the dialogue would lead to arms control and risk reduction measures.

Together, the two presidents released a three paragraph U.S. – Russia Presidential Joint Statement on Strategic Stability, which reads:

“We, President of the United States of America Joseph R. Biden and President of the Russian Federation Vladimir Putin, note the United States and Russia have demonstrated that, even in periods of tension, they are able to make progress on our shared goals of ensuring predictability in the strategic sphere, reducing the risk of armed conflicts and the threat of nuclear war.

“The recent extension of the New START Treaty exemplifies our commitment to nuclear arms control. Today, we reaffirm the principle that a nuclear war cannot be won and must never be fought.

“Consistent with these goals, the United States and Russia will embark together on an integrated bilateral Strategic Stability Dialogue in the near future that will be deliberate and robust. Through this Dialogue, we seek to lay the groundwork for future arms control and risk reduction measures.”  https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/16/u-s-russia-presidential-joint-statement-on-strategic-stability/

During their individual press conferences following the meeting, the presidents committed to ongoing consultations and dialogue about what comes after New START and to control new and more dangerous nuclear weapons that by reducing response time, raises the risk of accidental war.  http://en.kremlin.ru/events/president/transcripts/65870 and  https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/06/16/remarks-by-president-biden-in-press-conference-4/

In response, Beatrice Fihn, of the International Campaign to Abolish Nuclear Weapons, stated, “While we support this diplomatic initiative, we need to see more substantial progress from the leaders with the world’s two biggest nuclear arsenals on reducing their nuclear arsenals and moving to join the international Treaty on the Prohibition of Nuclear Weapons.”  https://www.icanw.org/

Joni Arends, of CCNS, asked, in light of the presidents’ commitments, when, in Northern New Mexico, will a Strategic Stability Dialogue begin about how to transition from its dependence on nearly $3 billion a year to fabricate more plutonium triggers for nuclear weapons at Los Alamos National Laboratory.  She said, “It’s time.”  http://nuclearactive.org/

We are Podcasting! 

1. Every Friday from noon to 1 pm – Protest LANL signing a 10-year lease (for the former Descartes building) to establish itself “permanently” in Santa Fe at the corner of Guadalupe and W. Alameda.  JOIN Veterans for Peace, CCNS, Nuclear Watch NM, and others.  We’ll have banners.  Please bring a sign.

2. Th. June 24^th from 5:30 to 7 pm – NM Environmental Law Center Environmental Justice Series about Water Contamination in Northern New Mexico with the Communities for Clean Water (CCW). CCW’s mission is to ensure that community waters impacted by LANL are kept safe for drinking, agriculture, sacred ceremonies, and a sustainable future.  CCNS is a founding member of CCW.  https://nmelc.org/  To register:  https://nmelc-ejseries-ccw.eventbrite.com  

3. Sat. June 26^th from 9 to 11 am MDT webinar – Pressuring the Nuclear Weapons Profiteers with divestment, direct action, media, and international law. Speakers and Facilitators:  Susi Snyder, Don’t Bank on the Bomb, Nick Cantrell, Green Future Wealth Management, and Vicki Elson, Treaty Alignment Campaign.  CCNS is a co-sponsor of the webinar.  REGISTER HERE or https://masspeaceaction.org/event/pressuring-the-nuclear-weapons-profiteers/

 4. MARK YOUR CALENDAR! Saturday, July 17^th – Tularosa Basin Downwinders Consortium (TBDC) Town Hall Meeting and Candlelight Vigil in Tularosa.  In the afternoon, the TBDC will host a Town Hall meeting to discuss the Radiation Exposure Compensation Act (RECA) at the old Community Center.  In the evening, the TBDC host the 12^th Annual Candlelight Vigil to memorialize loved ones who have lost their lives to cancer and honor those who are living with or who have survived cancer.  It will take place at the Tularosa Little League Field.  Stay tuned for more details.  https://www.trinitydownwinders.com/

As drought continues, the New Mexico Water Quality Control Commission will take up important regulatory water issues, including how to define the two phrases, contaminants of emerging concern and persistent toxic pollutants.  An unfortunate principle in water regulation is dilution is the solution to pollution.  During drought, when there is less water to dilute pollutants, concentrations increase and cause harm.

The Clean Water Act requires states to review their water quality standards every three years.  The process is called the Triennial Review.  Unfortunately, the Triennial Review process takes longer than three years to complete.  For example, the last Triennial Review took seven years to wrap up and the one before that took nine.  Such delays result in fewer reviews.  During this time, three more reviews could have been done.  Such delays benefit the regulated community because more protective regulations are not debated and possibly approved.

The next Triennial Review public hearing begins on Tuesday, July 13^th.  The industries challenging the proposed pollutant definitions are the New Mexico Mining Association, the San Juan Water Commission, and Los Alamos National Laboratory.  Those supporting the proposed definitions are Amigos Bravos, Communities for Clean Water, the Gila Resources Information Project, and the Buckman Direct Diversion Board.  There will be opportunities for the public to provide comments before and during the multi-day virtual hearing.  https://www.env.nm.gov/water-quality-control-commission/wqcc-20-51-r/

Emerging and persistent pollutants are suspected of causing harm to the ecology and human health, but have not been thoroughly studied to establish regulatory standards.  Contaminants of emerging concern include chemical compounds found in pharmaceuticals and personal care products.  https://www.env.nm.gov/water-quality-control-commission/wqcc-20-51-r/ See Pleading Log No. 6, NMED’s March 12, 2021 Notice of Amended Petition for proposed definition at 20.6.4.7.C(7), p. 3. Persistent toxic pollutants are those that resist degradation, easily bioaccumulate, and harm aquatic life and human health.  https://www.env.nm.gov/water-quality-control-commission/wqcc-20-51-r/  See Pleading Log No. 6, NMED’s March 12, 2021 Notice of Amended Petition for proposed definition at 20.6.4.7.P(3), p. 5.

One class of the persistent pollutants is PFASs, or per- and poly-fluoroalkyl substances.  PFASs have been around since the 1940s and are found in Teflon and in military-grade fire retardants.  It is estimated there are between 5,000 and 10,000 individual PFASs.  https://www.env.nm.gov/pfas/main/

In New Mexico, there are large PFASs groundwater plumes at Cannon and Holloman Air Force Bases.  https://www.env.nm.gov/pfas/main/  Most New Mexicans rely on groundwater for their drinking water.   

This week the U.S. Senate Committee on Environment and Public Works held a hearing about “PFAS:  The View from Affected Citizens and States” to learn what citizens and states need from the federal government to address them.  New Mexico Environment Department Cabinet Secretary James Kenney provided written and verbal testimony.  He stated that people must be protected from drinking contaminated water and urged the Environmental Protection Agency to establish national drinking water standards for PFASs.  The archived webcast and written testimony is available at:  https://www.epw.senate.gov/public/index.cfm/2021/6/pfas-the-view-from-affected-citizens-and-states

Debate about whether New Mexico would adopt them could occur in the next Triennial Review.

Did You Know?  We are Podcasting! 

1.  Every Friday from noon to 1 pm – Protest LANL signing a 10-year lease (for the former Descartes building) to establish itself “permanently” in Santa Fe at the corner of Guadalupe and W. Alameda.  JOIN Veterans for Peace, CCNS, Nuclear Watch NM, and others.  We’ll have banners.  Please bring a sign.

2.  Wednesday, June 16^th from 2 to 4 pm – Individual Stormwater Permit for LANL Virtual Public Meeting. Presentations by Communities for Clean Water and N3B about Draft Permit Update and Monitoring Plan Overview, Proposal for Site-specific Copper Water Quality Criteria, and Enhanced Controls – 2021 Plans.  The last 30 minutes is devoted to Questions & Answers.  LANL is required under the Settlement Agreement with the Communities for Clean Water (CCW) to hold semi-annual public meetings about its implementation and compliance with the EPA permit.  https://ext.em-la.doe.gov/ips

3.  Th. June 24^th from 5:30 to 7 pm – NM Environmental Law Center Environmental Justice Series about Radiation Contamination in Northern New Mexico with the Communities for Clean Water. CCW’s mission is to ensure that community waters impacted by LANL are kept safe for drinking, agriculture, sacred ceremonies, and a sustainable future.  To register:  https://nmelc-ejseries-ccw.eventbrite.com  

On Friday evening, before the long three-day Memorial Day weekend, the Department of Energy (DOE) released its Fiscal Year 2022 congressional budget request for nuclear weapons activities, including production of plutonium triggers for nuclear weapons at Los Alamos National Laboratory (LANL).  https://www.energy.gov/cfo/articles/fy-2022-budget-justification  The line item for Total Weapons Activities totals $15.48 billion, a slight increase over the congressional appropriation in Fiscal Year 2021 of $15.35 billion.  Of that, DOE requests $1.01 billion under the “Los Alamos Plutonium Modernization” line item for the nuclear bomb production plant. 

It is essential to note that for the past 28 years, the DOE’s programs for nuclear weapons and environmental management have appeared on the Government Accountability Office’s “High Risk List” for project mismanagement and waste of taxpayers’ hard earned dollars.  https://prod.drupal.gaotest.org/high-risk-list

Further, last month the Congressional Budget Office (CBO) released its 10-year review of the projected costs for nuclear forces administrated by the Department of Defense (DOD) and DOE.  Nuclear forces include ballistic missile submarines, intercontinental ballistic missiles, nuclear weapons laboratories and supporting activities.  CBO produces the legally required review every two years.

For the period 2019 to 2028, CBO projected a nuclear forces cost of $494 billion.  Two years later, for the period 2021 to 2030, CBO projects a 28 percent increase to $634 billion, or an increase of $140 billion.  https://www.cbo.gov/publication/57130

The previous administration increased LANL’s annual budget by about $1 billion for fabrication of 30 plutonium triggers in the next couple of years.  This funding remains in the Biden Administration’s budget request.  Even though these plans have been on the table for years, it is unlikely LANL will be able to accomplish this task.  As a reminder:  LANL is the only facility in the USA capable of fabricating plutonium triggers.

See also May 18, 2021 presentation by LANL Operations Manager Kelly Beierschmidt to the Los Alamos County Council (Agenda Item No. 7B) about recent construction and future plans.  https://losalamos.granicus.com/MediaPlayer.php?view_id=2&clip_id=2377  – at 1:10:25 Beierschmidt states, “We’ve almost added an entire other national lab to the mission space of Los Alamos.”  Powerpoint slides at https://losalamos.legistar.com/LegislationDetail.aspx?ID=4955888&GUID=E033E97E-3563-4637-918F-5D912049C6F4&Options=&Search=

The previous administration proposed that a second facility be established at the Savannah River Site, located in South Carolina, for fabricating 50 plutonium triggers annually.  In 2018, DOE estimated the cost to be $4.6 billion.  As a clear example of why DOE is on the GAO’s High Risk List, the projected cost has more than doubled to over $11 billion.  https://srswatch.org/doe-admits-in-fiscal-year-2022-budget-request-that-cost-of-srs-plutonium-bomb-plant-soars-to-11-1-but-annual-funding-levels-not-enough-for-project-viability-billion/

Like administrations going back to President Clinton, the Biden administration has pledged to conduct a nuclear posture review, which is a review of whether the USA’s nuclear deterrent remains safe, secure and effective to protect the country, our allies, and deters adversaries.  It is unknown how the review will impact the nuclear weapons budget.  https://srswatch.org/new-nuclear-posture-review-npr-to-assess-need-for-new-nuclear-warheads-and-plutonium-pit-plan-including-proposed-srs-plutonium-bomb-plant/

Joni Arends, of CCNS, asks whether Congress will hear the nation’s pleas for funding social concerns over fabricating more nuclear weapons.

For more details, please visit our website at http://nuclearactive.org/ , Nuclear Watch New Mexico at https://nukewatch.org/ , and Los Alamos Study Group at http://www.lasg.org/

We are Podcasting! 

1. Every Friday from noon to 1 pm– Protest LANL signing a 10-year lease (for the former Descartes building) to establish itself “permanently” in Santa Fe at the corner of Guadalupe and W. Alameda.  JOIN Veterans for Peace, CCNS, Nuclear Watch NM, and others.  We’ll have banners.  Please bring a sign.

2. Monday, June 7^th from 9:30 am to 12:45 pm – First Virtual Meeting of the NM Legislature Interim Radioactive & Hazardous Materials Committee. Agenda items include a discussion of the 2021 Interim Work Plan & Meeting Schedule and a 75-minute presentation by NM Environment Department Secretary James Kenney – Overview of the NMED’s Regulation of Radioactive & Hazardous Materials.  Public comment is scheduled to begin at 12:15.  https://nmlegis.gov/Committee/Interim_Committee?CommitteeCode=RHMC

3. Wednesday, June 16^th from 2 to 4 pm – Individual Stormwater Permit for LANL Virtual Public Meeting. Presentations by Communities for Clean Water and N3B about Draft Permit Update and Monitoring Plan Overview, Proposal for Site-specific Copper Water Quality Criteria, and Enhanced Controls – 2021 Plans.  The last 30 minutes is devoted to Questions & Answers.  https://ext.em-la.doe.gov/ips

Last week the New Mexico Environment Department virtual public hearing on the new shaft to expand the Waste Isolation Pilot Plant (WIPP) took place over four days, from Monday through Thursday.  The public comment period ended on Friday.

[A special shout out to all those who submitted public comments.  THANK YOU!!!]

The hearing process continues until at least October with the filing of post-hearing documents by the Parties supporting the expansion, including the Hazardous Waste Bureau of the Environment Department https://www.env.nm.gov/hazardous-waste/ , the Department of Energy (DOE), and Nuclear Waste Partnership, LLC, the contractors at WIPP.  https://wipp.energy.gov/

The Parties opposing the expansion are:  Southwest Research and Information Center http://www.sric.org/ ; CCNS http://nuclearactive.org/ ; Nuclear Watch New Mexico https://nukewatch.org/ ; and individuals, including longtime activist Deborah Reade; former Environment Department Regulator for WIPP, Steve Zappe; and a former Environmental Evaluation Group (EEG) scientist, George Anastas.  Dr. James Channell, another former EEG scientist, testified in opposition to the new shaft and WIPP’s physical expansion.  http://www.sric.org/nuclear/eeg.php

CCNS anticipates the Hearing Officer’s report and the Parties’ comments will end up on the Environment Department Secretary’s desk in mid-September.

Between now and then, many filings will be submitted to the Hearing Clerk.  But unlike the documents submitted by the public during the previous comment periods, these may not be posted on the Department’s website, but are kept at the Department’s Office of Public Facilitation, located in Santa Fe.

Here is a possible timeline for documents that will be filed in the post-hearing period, as required by the New Mexico Permit Procedures.  20.1.4 New Mexico Administrative Code.  https://www.srca.nm.gov/parts/title20/20.001.0004.html

During the week of June 7^th, the hearing transcript is expected to be filed with Hearing Clerk.

Within 60 days after the transcript is filed, or possibly during the week of August 9^th, the Parties will file their findings of fact, conclusions of law, and closing argument with the Hearing Clerk.

Under the regulations, unless the timeframes are extended, within 30 days of those filings, or during the week of September 6^th, the Hearing Officer’s report, with findings of fact and conclusions of law, as well as a recommended decision and proposed final order, will be released to the Parties for a 15-day review and comment period.

During the week of September 20^th, the Parties may submit comments on Hearing Officer’s report, and ask for oral argument before the Secretary.

The Secretary has 30 days, or until the week of October 18^th to issue his final order.  Until that time, additional shaft construction is prohibited.

The Secretary’s decision is considered a final agency action.  His decision starts a 30-day clock in which the Parties disagreeing with the decision have the right to appeal directly to the New Mexico Court of Appeals.

Did You Know?  We are Podcasting!  

1. Every Friday from noon to 1 pm – Protest LANL signing a 10-year lease (for the former Descartes building) to establish itself “permanently” in Santa Fe at the corner of Guadalupe and W. Alameda.  JOIN Veterans for Peace, CCNS, Nuclear Watch NM, and others.  We’ll have banners.  Please bring a sign.

2. May 20^th to May 30^th – Online for free – 10^th International Uranium Film Festival Rio de Janeiro. “The 10th International Uranium Film Festival Rio de Janeiro remembers the still unsolved nuclear accident in Fukushima 10 years ago and the UN treaty on the prohibition of nuclear weapons, which has been in force since January of this year. Due to the ongoing Covid-19 restrictions, it will be the festival’s first online edition with support by the Cinematheque (link is external) of Rio de Janeiro’s prestigious Modern Art Museum (MAM Rio) (link is external).”  For more information:  https://uraniumfilmfestival.org/en/rio-2021

Legal maneuvering by the New Mexico Environment Department and the Department of Energy (DOE), and decisions made by the Hearing Officer, have limited the scope of the virtual public hearing about whether the plan to dig a new $197 million shaft at the Waste Isolation Pilot Plant (WIPP) will be approved.   Discussing the DOE’s plans to double the size of WIPP was prohibited.  Discussing the Temporary Authorization that allowed WIPP to begin digging the shaft in April 2020 was prohibited after the Environment Department presented its witness in support.  No discussion was allowed about the denial to reissuance the Temporary Authorization in October 2020.  During the time the Temporary Authorization was in effect, DOE dug down 116 feet into the underground.  The shaft diameter is 30 feet.  https://www.env.nm.gov/hazardous-waste/wipp/ , scroll down to March 10, 2021 entries.

Despite the limitations, seven individuals and non-governmental organizations persist in opposing the change to the WIPP Permit.  These Parties are the Southwest Research and Information Center http://www.sric.org/ , Concerned Citizens for Nuclear Safety http://nuclearactive.org/ , Nuclear Watch New Mexico https://nukewatch.org/ , longtime WIPP activist Deborah Reade, former Environment Department WIPP regulator Steve Zappe, and two scientists from the former Environmental Evaluation Group, George Anastas and Dr. James Channell.

These Parties argue that the proposed change should be denied because DOE has not met the legal requirements.  DOE has not disclosed that the new shaft and associated drifts, or hallways, in the underground mine 2,150 feet below the surface in salt beds are needed for WIPP to operate for decades longer than allowed by the Permit.  DOE wants to change the Permit incrementally to avoid disclosing all of its real plans that violate laws and agreements with New Mexico.  DOE argues that the shaft is needed for ventilation.

But WIPP has operated for over 30 years with four shafts that provide the necessary airflow through the waste repository.  https://wipp.energy.gov

Other government agencies, such as the Government Accountability Office (GAO) [Nuclear Waste Disposal:  Better Planning Needed to Avoid Potential Disruption at WIPP, GAO-21-48, November 2020, gao-21-48 ] and the National Academies of Science [Review of the Department of Energy’s Plans for Disposal of Surplus Plutonium in the Waste Isolation Pilot Plant, 2020, https://www.nap.edu/catalog/25593/review-of-the-department-of-energys-plans-for-disposal-of-surplus-plutonium-in-the-waste-isolation-pilot-plant ], have reviewed DOE’s plans that cannot be discussed at the hearing.  In fact, the GAO created a new diagram of the WIPP underground, based on DOE interviews and review of documents, that shows that up to nine new panels, each containing eight rooms, would be connected to the new shaft.    

Many members of the public have raised the issue that a new shaft is not needed because the Permit states that WIPP will close after 25-years of operations, or in 2024.  A 10-year closure period, where the panels, drifts, and shafts would be filled, would begin after disposal operations end.  https://www.env.nm.gov/hazardous-waste/wipp-permit-page/

The public hearing is on Zoom and is currently scheduled to end on Friday, May 21^st.  You can make public comments beginning at noon and 6 pm each day.  Please be prompt.  You can register to speak through the Zoom chat function.  You can also watch or listen to the hearing.

Written comments may be submitted to the Hearing Clerk at Madai.Corral@state.nm.us .  Please add the following language to the subject line:  HWB 21-02 WIPP SHAFT .

ARRANGEMENTS FOR PERSONS WITH DISABILITIES
Any person having a disability and requiring assistance or auxiliary aid to participate in this process should contact Suzette Porter, NMED Americans with Disabilities Act (ADA) Coordinator, by phone at (505) 827-2109, or via email at: suzette.porter1@state.nm.us.
Toll-free numbers are available for TDD or TDY users to access the New Mexico Relay Network at 1-800-659-1779 (voice); TTY users: 1-800-659-8331.

LANGUAGE SERVICES
Any person needing language services (e.g., an interpreter at a public meeting or hearing, document translation) should contact Ricardo Maestas at (505) 476-6000 or by e-mail at: ricardo.maestas@state.nm.us.
Please note that Spanish interpretation services will be provided during this proceeding. The Zoom platform provides an option to listen to, ask questions, and provide comments at the public hearing in Spanish. The following are instructions for listening to language interpretation on the Zoom platform:

For Windows/macOS:
1. In your meeting/webinar controls, click Interpretation.
2. Click the language that you would like to hear.
3. (Optional) To hear the interpreted language only, click Mute Original Audio.

For Android/iOS:
1. In your meeting controls, tap the ellipses icon (…).
2. Tap Language Interpretation.
3. Tap the language you would like to hear.
4. (Optional) Tap the toggle to Mute Original Audio.
5. Click Done.

In addition, NMED is providing a call-in conference line for persons without the ability to access Zoom:
Spanish Call-In Conference Line: 800-747-5150
When prompted, enter Access Code: 3453860

Did You Know?  We are Podcasting! 

1.  Every Friday from noon to 1 pm – Protest LANL signing a 10-year lease (for the former Descartes building) to establish itself “permanently” in Santa Fe at the corner of Guadalupe and W. Alameda.  JOIN Veterans for Peace, CCNS, Nuclear Watch NM, and others.  We’ll have banners.  Please bring a sign.

2. Mon. May 17^th – Fri. May 21 – Virtual Public Hearing about Proposed Shaft for the Waste Isolation Pilot Plant (WIPP). For more information in English and Spanish:

*  NM Environment Department at https://www.env.nm.gov/hazardous-waste/wipp/ (scroll down to March 10, 2021 entry),

*  Stop Forever WIPP Coalition at https://stopforeverwipp.org/ ,  https://www.facebook.com/StopfvrWIPP/ ; and

*  CCNS at http://nuclearactive.org/

CALL TO ACTION! 

SUBMIT YOUR ORAL, WRITTEN and VISUAL PUBLIC COMMENTS

ABOUT THE PROPOSED NEW SHAFT AND DRIFTS AT WIPP!

Please see the five-part Stop Forever WIPP Coalition newsletters about the proposed shaft, the public hearing, how you can participate, and sample comment letters you can use.  Newsletter No. 4 available in Spanish!

https://www.facebook.com/StopfvrWIPP/ ; and http://nuclearactive.org/

Create your own short video about your concerns for putting more plutonium on the roads resulting in increased exposures to radiation to their neighborhood and communities.  Sample videos are available at the Stop Forever WIPP Facebook page, https://www.facebook.com/StopfvrWIPP/ and YouTube, https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA also; on YouTube you will find animations, “Broken Promises, Parts 1, 2, 3, 4,” as well as recent radio interviews on KUNM, and KSFR, KNIZ.

Four short sample videos are available here:  “New Mexico is Not the Nation’s Nuclear Toilet;” https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA ; “This is My Neighborhood,” https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA ;  “These are Our Neighborhoods,” https://youtu.be/Iwm6o-XP58s ;  and “Why I’m Concerned for OUR Neighborhoods,” https://youtu.be/KeotZ_dutqA.

3. May 20^th to May 30^th – Online for free – 10^th International Uranium Film Festival Rio de Janeiro. “The 10th International Uranium Film Festival Rio de Janeiro remembers the still unsolved nuclear accident in Fukushima 10 years ago and the UN treaty on the prohibition of nuclear weapons, which has been in force since January of this year. Due to the ongoing Covid-19 restrictions, it will be the festival’s first online edition with support by the Cinematheque (link is external) of Rio de Janeiro’s prestigious Modern Art Museum (MAM Rio) (link is external).”  For more information:  https://uraniumfilmfestival.org/en/rio-2021

Monday, May 17th, begins a five-day virtual public hearing by the Hazardous Waste Bureau about the proposed new shaft and doubling of the size of the Waste Isolation Pilot Plant (WIPP), a dump for plutonium-contaminated waste from the manufacture of nuclear weapons. You are invited to provide your written comments between now and the end of the hearing to the Hearing Clerk. You can make oral comments on Zoom during the hearing. https://www.env.nm.gov/hazardous-waste/wipp/ , scroll down to March 10, 2021 entry.The hearing is scheduled to begin each day at noon and end at 9 pm, with a two-hour break between 4 and 6 pm. On Monday, May 17th, oral public comments will be heard between 6 and 7 pm. On subsequent days, public comment will be heard between noon and 1 pm and between 6 and 7 pm.

Each person can make oral comments only once during the five-day hearing and they are limited to five minutes. You can sign-up to give comments using the chat function on Zoom. You will be called on to speak in the order in which people signed up. If too many people sign up for the one-hour session, they will be called first in the next public comment session. https://www.env.nm.gov/hazardous-waste/wipp/ , scroll down to March 10, 2021 entry and the May 11, 2021 Pre-Hearing Order.

This information is found on p. 3 of the NMED Public Notice at: https://www.env.nm.gov/hazardous-waste/wipp/ , scroll down to March 10, 2021 entry and March 18, 2021 Hearing Public Notice .

The Zoom hearing may be joined through the following meeting link:

https://zoom.us/j/91728945523?pwd=YitrSUtFYnZkcE5hVGFrb2Z1UDlUdz09

Meeting ID: 917 2894 5523
Passcode:050223

To join by telephone:

For higher quality, dial a number based on your current location.

Dial: US: 1-669-900-6833 or 1-253-215-8782 or 1-346-248-7799 or 1-929-436-2866 or 1-301-715-8592 or 1-312-626-6799

Meeting ID: 917 2894 5523
Passcode: 050223

There is no restriction on the number of written comments you can submit to the Hearing Clerk at Madai.Corral@state.nm.us.

WIPP is the only operating deep geologic repository for radioactive and hazardous waste created by the U.S. nuclear weapons industry in the world. It is located 26 miles east of Carlsbad, New Mexico and scheduled to close in 2024. But the Department of Energy (DOE) has other plans. https://wipp.energy.gov/

Where can you find more information about the DOE’s expansion plans, key issues, and how to participate in the public hearing? The Stop Forever WIPP Coalition has prepared five newsletters. Newsletters four and five are available in both English and Spanish.

The Coalition has prepared three sample public comments in English and Spanish you can use. The topics cover public participation, land use, other economic considerations, and DOE’s broken promises and misrepresentations. You can use the information to create your own comment letter.
All of this information and more is available at the Stop Forever WIPP website, https://stopforeverwipp.org/ , and Facebook page at https://www.facebook.com/StopfvrWIPP/ , along with sample public comments you can use in both English and Spanish. They are also posted on this website in the right column next to this article under the STOP WIPP logo .

Please share this Update with your friends, family and colleagues. It’s time to raise your voice!

Did You Know?  We are Podcasting! 

1.  Every Friday from noon to 1 pm – Protest LANL signing a 10-year lease (for the former Descartes building) to establish itself “permanently” in Santa Fe at the corner of Guadalupe and W. Alameda.  JOIN Veterans for Peace, CCNS, Nuclear Watch NM, and others.  We’ll have banners.  Please bring a sign.

2.  Mon. May 17^th – Fri. May 21 – Virtual Public Hearing about Proposed Shaft for the Waste Isolation Pilot Plant (WIPP). For more information in English and Spanish:

*  NM Environment Department at https://www.env.nm.gov/hazardous-waste/wipp/ (scroll down to March 10, 2021 entry),

*  Stop Forever WIPP Coalition at https://stopforeverwipp.org/ ,  https://www.facebook.com/StopfvrWIPP/ ; and

*  CCNS at http://nuclearactive.org/

CALL TO ACTION! 

SUBMIT YOUR ORAL, WRITTEN and VISUAL PUBLIC COMMENTS  ABOUT THE PROPOSED NEW SHAFT AND DRIFTS AT WIPP!

Please see the five-part Stop Forever WIPP Coalition newsletters about the proposed shaft, the public hearing, how you can participate, and sample comment letters you can use.  Newsletter No. 4 available in Spanish!

https://www.facebook.com/StopfvrWIPP/ ; and http://nuclearactive.org/

Create your own short video about your concerns for putting more plutonium on the roads resulting in increased exposures to radiation to their neighborhood and communities.  Sample videos are available at the Stop Forever WIPP Facebook page, https://www.facebook.com/StopfvrWIPP/ and YouTube, https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA also; on YouTube you will find animations, “Broken Promises, Parts 1, 2, 3, 4,” as well as recent radio interviews on KUNM, and KSFR, KNIZ.

Four short sample videos are available here:  “New Mexico is Not the Nation’s Nuclear Toilet;” https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA ; “This is My Neighborhood,” https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA ;  “These are Our Neighborhoods,” https://youtu.be/Iwm6o-XP58s ;  and “Why I’m Concerned for OUR Neighborhoods,” https://youtu.be/KeotZ_dutqA.

3.  May 20^th to May 30^th – Online for free – 10^th International Uranium Film Festival Rio de Janeiro. “The 10th International Uranium Film Festival Rio de Janeiro remembers the still unsolved nuclear accident in Fukushima 10 years ago and the UN treaty on the prohibition of nuclear weapons, which has been in force since January of this year. Due to the ongoing Covid-19 restrictions, it will be the festival’s first online edition with support by the Cinematheque (link is external) of Rio de Janeiro’s prestigious Modern Art Museum (MAM Rio) (link is external).”  For more information:  https://uraniumfilmfestival.org/en/rio-2021

UN CUENTO DE WIPP:
¿Cuándo un pozo no es un pozo sino una expansión?
(NO, esto no es una broma)
 
El pozo WIPP propuesto abre la puerta
para la expansión WIPP

Durante la semana del 17 de mayo, el New México Environment Department o Departamento de Medio Ambiente de Nuevo México (NMED) llevará a cabo una audiencia pública sobre el nuevo pozo propuesto por el Department of Energy o Departamento de Energía (DOE) en WIPP. El DOE espera que este pozo esté terminado en el 2024, que es cuando el DOE le dijo originalmente a NMED que WIPP dejaría de recibir residuos según el permiso estatal de residuos peligrosos existente.

Los nuevos pozos y derivaciones propuestos que se muestran en K y N. El pozo nuevo (K) está etiquetado como pozo de entrada de aire / elevador de materiales.

La nueva aplicación de pozo de WIPP presenta una multitud de preocupaciones para los nuevomexicanos.

 Con tantas preocupaciones que abordar,

Elija una de nuestras 3 cartas de comentarios de muestra para enviar a NMED:

USO DE LA TIERRA y OTRAS CONSIDERACIONES ECONÓMICAS

RIESGOS DE EXPANSIÓN

• Debido a la mala gestión, WIPP ya ha experimentado un incendio y una explosión subterráneas separada que liberó radiación que contaminó el aire y la tierra fuera del sitio. Los problemas graves de seguridad y gestión en el depósito continúan hasta el día de hoy, lo que aumenta la probabilidad de que se produzca otro accidente.
• Nuevamente, debido a la mala gestión, WIPP planea liberar aire de escape contaminado para que puedan aumentar la velocidad de las operaciones de residuos.
• La eliminación subterránea de “agua producida” y la fractura hidráulica de la industria masiva de petróleo y gas cerca de WIPP está aumentando el número y la magnitud de los terremotos en el área. Esto podría afectar la integridad del depósito.
• La eliminación dilatada de residuos significa la expansión de los envíos de residuos. Estos residuos se transportarían a través de Nuevo México y muchos otros estados para su eliminación en WIPP, expandiendo el transporte de residuos durante décadas y poniendo en riesgo a las comunidades a lo largo de todas las rutas.

PROCESO PÚBLICO DEFICIENTE

New Mexico Nuclear Nightmare SPECIAL:  DOE wants Waste Isolation Pilot Plant (WIPP)
to get a new “ventilation” shaft – but activists point to long range plans by DOE
to expand the site to take 50+ TONS of plutonium – enough to make over 15,000 bombs
Hearings start May 17; details on how to join below.

This Week’s Featured Interviews on Nuclear Hotseat:

New Mexico Nuclear Nightmares – this one dealing with hearings that hide the planned expansion of the Waste Isolation Pilot Plant to hold more than 50 TONS of “excess” plutonium – the most deadly radioactive substance on earth.  And all that plutonium will have to be trucked and trained across the United States, meaning communities at distance from WIPP will still be at risk.

Two interviews with genuine experts on what we face – and what we can do about it.   

• Don Hancock is the director of the Nuclear Waste Safety program and administrator at Southwest Research and Information Center in Albuquerque, where he has worked since 1975.  He is the #1 watchdog on WIPP.
• Joni Arends is co-founder and executive director of Concerned Citizens for Nuclear Safety. She and her group have been monitoring and fighting against WIPP for more than 20 years. Here, she gives more of a citizen-activist perspective and provides concrete steps that any of us can take to help support the fight against WIPP’s expansion.

LINKS and CONTACT INFORMATION mentioned during the interviews:

• Tell the Hearing Officer through Hearing Clerk to deny the permit change! Madai.Corral@state.nm.us  Talking points in this document:
  

Public Comments:

• WRITTEN OR VIDEO PUBLIC COMMENTS – Email to: Madai.Corral@state.nm.us
  Please enter “HWB21-02 WIPP SHAFT” in the email subject heading.

VIRTUAL PUBLIC HEARING

The virtual public hearing will begin Monday, May 17, 2021 at 12:00 PM MDT. The Hearing will run during the following hours, on this day and on subsequent days, until complete, unless otherwise ordered by the Hearing Officer: 12:00 – 4:00 PM and 6:00 – 9:00 PM MDT DAILY.

Join Virtual Public Hearing on Zoom: https://zoom.us/j/91728945523?pwd=YitrSUtFYnZkcE5hVGFrb2Z1UDlUdz09

• Meeting ID: 917 2894 5523
• Passcode: 050223

According to DOE:  “The public hearing will provide interested persons a reasonable opportunity to present data, views, and arguments, as well as to examine witnesses. The hearing will also afford an opportunity for all persons to present comments. The public hearing will be conducted remotely using an internet video conferencing platform (Zoom) and telephone.”

No Department of Energy (DOE) employee will testify about the purpose and need for the construction of a fifth shaft into the underground mine at the Waste Isolation Pilot Plant (WIPP) during the May 17^th public hearing.  This is important because over the decades DOE has signed multiple agreements that created a “social contract” with the People of New Mexico about WIPP operations.  These include agreements that WIPP would dispose of transuranic, or TRU, plutonium-contaminated waste from nuclear weapons manufacturing, in the deep geological repository over a 25-year disposal period, and then close down.  WIPP opened on March 25, 1999.  The current permit requires closure to begin in 2024.  Pleas see “Statement of Intent to Present Technical Testimony on Behalf of Southwest Research and Information Center,” dated May 3, 2021, Docket No. HWB 21-02.  Technical Testimony Intent DH Complete

But DOE and its contractor, Nuclear Waste Partners, LLC (NWP), have other plans.  Essential to those plans is digging a new $197 million shaft to the west of the existing disposal area and mining tunnels to connect the shaft to that area.  https://wipp.energy.gov/ and https://www.nwp-wipp.com/

DOE and NWP claim that the new shaft is needed to improve ventilation, but they misrepresent the truth.  Historically, the required airflow was provided by the four existing shafts.  New ventilation systems, not requiring the new shaft, were permitted in 2018 to increase ventilation capacity lost by the February 2014 fire and radiation release.

In truth, DOE has released a number of new reports that require WIPP’s operation for at least 60 more years, but about which they refuse to provide a witness during the upcoming hearing.  DOE, Carlsbad Field Office and Nuclear Waste Partnership, 2021, “Legislative Update Waste Isolation Pilot Plant,” February 9, 2021. https://wipp.energy.gov/Library/documents/2021/Final_2021_Legislative_Update_Presentation.   DOE, “Supplement Analysis for the Waste Isolation Pilot Plant Site-Wide Operations” (for excavation of two underground replacement panels), DOE/EIS-0026-SA, March 2021, effective April 8, 2021.  https://www.energy.gov/nepa/articles/doeeis-0026-sa-12-supplement-analysis-waste-isolation-pilot-plant-site-wide

Such expansion, in violation of the “social contract,” requires additional repositories and endangers public health and the environment in New Mexico and along transportation routes through many other states.

Ninety-seven percent of the hundreds of people who have provided public comments oppose expansion.

The proposed shaft and associated drifts are the subject of a five-day virtual New Mexico Environment Department public hearing, beginning on Monday, May 17^th at noon.  https://www.env.nm.gov/hazardous-waste/wipp/, scroll down to March 10, 2021 post below “WIPP News 2021.”  DOE, NWP and the State Hazardous Waste Bureau support the new shaft and drifts.  However, the public should note that the Bureau added that it reserves “the right to modify its position [before the closing of the public hearing] based on any comment or testimony presented at the hearing or based on any written comments submitted.”

Public participation is thus invited.  People can make oral comments during the virtual hearing or submit written comments before or during the hearing. 

Some people are creating short videos about their concerns for putting more plutonium on the roads resulting in increased exposures to radiation to their neighborhood and communities.  Sample videos are available at the Stop Forever WIPP Facebook page, https://www.facebook.com/StopfvrWIPP/ and YouTube, https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA also; on YouTube you will find animations, “Broken Promises, Parts 1, 2, 3, 4,” as well as recent radio interviews on KUNM, and KSFR, KNIZ

Four short sample videos are available here:  “New Mexico is Not the Nation’s Nuclear Toilet;” https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA ; “This is My Neighborhood,” https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA ;  “These are Our Neighborhoods,” https://youtu.be/Iwm6o-XP58s ;  and “Why I’m Concerned for Our Neighborhoods,” https://youtu.be/KeotZ_dutqA.

Five Stop Forever WIPP Coalition newsletters and sample public comments you can use are available at CCNS’s website at http://nuclearactive.org/, and https://www.facebook.com/StopfvrWIPP/ .  Please share this Update with family, friends, and colleagues.

Did You Know?  We are Podcasting! 

1.  Every Friday and Saturday from noon to 1 pm – Protest LANL signing a 10-year lease (for the former Descartes building) to establish itself “permanently” in Santa Fe at the corner of Guadalupe and W. Alameda.  JOIN Veterans for Peace, CCNS, Nuclear Watch NM, and others.  We’ll have banners.  Please bring a sign.

2.  Mon. May 17^th – Fri. May 21 – Virtual Public Hearing about Proposed Shaft for the Waste Isolation Pilot Plant (WIPP). For more information:  NM Environment Department at https://www.env.nm.gov/hazardous-waste/wipp/ (scroll down to March 10, 2021 entry); Stop Forever WIPP Coalition at  https://www.facebook.com/StopfvrWIPP/ ; and CCNS at http://nuclearactive.org/

CALL TO ACTION! 

SUBMIT YOUR ORAL AND WRITTEN PUBLIC COMMENTS

ABOUT THE PROPOSED NEW SHAFT AND DRIFTS AT WIPP!

Please see the five-part Stop Forever WIPP Coalition newsletters about the proposed shaft, the public hearing, how you can participate, and sample comment letters you can use.  Newsletter No. 4 available in Spanish!

https://www.facebook.com/StopfvrWIPP/ ; and http://nuclearactive.org/

Create your own short video about your concerns for putting more plutonium on the roads resulting in increased exposures to radiation to their neighborhood and communities.  Sample videos are available at the Stop Forever WIPP Facebook page, https://www.facebook.com/StopfvrWIPP/ and YouTube, https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA also; on YouTube you will find animations, “Broken Promises, Parts 1, 2, 3, 4,” as well as recent radio interviews on KUNM, and KSFR, KNIZ.

Four short sample videos are available here:  “New Mexico is Not the Nation’s Nuclear Toilet;” https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA ; “This is My Neighborhood,” https://www.youtube.com/channel/UClofjc-x5YwtXHqg5hUh0AA ;  “These are Our Neighborhoods,” https://youtu.be/Iwm6o-XP58s ;  and “Why I’m Concerned for OUR Neighborhoods,” https://youtu.be/KeotZ_dutqA.