Kenneth Fletcher
WC Monitor
12/12/2014
After New Mexico levied $54.3 million in fines for violations this year at Los Alamos and the Waste Isolation Pilot Plant and warned of potentially even larger fines down the road, the Department of Energy is examining its path forward. The New Mexico Environment Department levied a $17.7 million fine for 13 violations at WIPP and $36.6 million for 24 violations at Los Alamos National Laboratory, emphasizing that the money could not come out of cleanup funding. “The Department is taking a close look at the compliance orders,” DOE spokeswoman Lindsey Geisler said in a statement. “We are committed to addressing the concerns of the State of New Mexico and discussing the path forward as we continue working to address the concerns raised by DOE’s independent investigations at the WIPP and LANL facilities. The Department is committed to the safe cleanup of our sites, and the protection of workers, public and the environment.”
The violations in NMED’s compliance orders are all related to the Feb. 14 radiation release at WIPP, which is believed to have originated from waste processed at LANL. Those violations include issues with waste treatment and processing at LANL, characterization and acceptance of waste and failing to properly notify NMED of the WIPP release, NMED Secretary Ryan Flynn told WC Monitor Dec. 6. “This is just the first round of compliance actions that we’ve taken. There’s the likelihood that there will be additional compliance orders based upon the information that we’ve gathered up at Los Alamos and that we continue to gather,” Flynn said. He noted that fines in future compliance orders “could easily be larger than the combined total of the orders that were issued today.”
While the fines are far larger than what states have generally levied against DOE in the past, Flynn emphasized that the penalties are reasonable given the violations uncovered. “Certainly it’s unprecedented, but it’s very conservative in how we apply our penalty policy and what the liability could have been,” he said.
New Mexico Gov. Susana Martinez (R) delivered the compliance orders to Energy Secretary Ernest Moniz in a Dec. 6 meeting. “How DOE responds to these violations and how we move forward from here will certainly govern future compliance orders and how the state deals with DOE going forward,” Flynn said. He added: “We will continue a very strong aggressive stance to fight any attempt by DOE to divert money away from our federal facilities to pay for their own mistakes.”
DOE Corrective Actions Could Reduce Penalty
However, New Mexico is leaving the door open for potential penalty reductions. “If DOE is willing to implement meaningful corrective actions, those actions have a value, a dollar amount attached to them. We would certainly be willing to consider that and potentially abate part of the penalty based on that work,” Flynn said. “What we want is for the facilities to be strong and viable in the long term. If they use this as an opportunity to make important changes that will strengthen the facility, then that’s something that we would absolutely be willing to work with them on as we move forward.”
DOE: Department Self-Identified Issues
DOE officials declined to comment on potential sources of money for the fine or actions it could take to reduce the penalties. When asked about the fines this week, DOE Acting Assistant Secretary for Environmental Management Mark Whitney responded that DOE’s relationship with New Mexico is very important. “It’s something that we are going to continue to nurture as we go forward and make sure we communicate with them not just on this but on all issues,” he told WC Monitor this week.
DOE also emphasized that it self-identified many of the issues. “The Department of Energy and its contractors self-identified and self-disclosed non-compliance with the Resource Conservation and Recovery Act to the New Mexico Environment Department. We continue to actively address these issues and are firmly committed to the safe, compliant and effective remediation of all our legacy wastes and to recovering Waste Isolation Pilot Plant operations as safely and expeditiously as possible,” a DOE spokesperson said in a statement.
The WIPP contractor, URS-led Nuclear Waste Partnership, is currently reviewing NMED’s compliance orders. “We have worked closely with the NMED to resolve the issues related to the February 2014 radiological event at the Waste Isolation Pilot Plant, and will continue to do so in our recovery effort,” NWP spokesman Donavan Mager said in a written response. “NWP is committed to safe, compliant operations at the Waste Isolation Pilot Plant.” LANL contractor, the Bechtel-led Los Alamos National Security, referred request for comment to DOE.
Future penalties could be linked to additional potential violations at LANL and WIPP that NMED is still investigating, Flynn said. Additionally, there are numerous targets and milestones missed with New Mexico’s consent order on the cleanup of Los Alamos. DOE and LANL had agreed with the state in 2012 to remove all 3,706 cubic meters of aboveground transuranic waste at Los Alamos by the end of June 2014. That deal was part of a framework agreement meant to open up renegotiations of numerous LANL cleanup milestones under a 2005 consent order with New Mexico, which DOE had long said it will not be able to meet. The 3,706 campaign effort was proceeding largely ahead of schedule until it hit major roadblocks this year when shipments to WIPP were suspended indefinitely following the radiation release, and NMED subsequently denied DOE extension requests for Los Alamos milestones.
Lawmakers Back NM Fine
In the wake of NMED’s announcement of the penalty, members of New Mexico’s Congressional delegation have announced support for the fines. “The action the state has taken is appropriate and shows why I have long fought for state environmental authority over WIPP waste operations. WIPP and LANL are a vital part of New Mexico’s economy and our national security, and with such high stakes, there is no room for error or denial,” Sen. Tom Udall (D-N.M.) said in a statement. He also emphasized that “fines should not come out of DOE clean-up activities, and those responsible should not get bonuses or rewards for their mistakes. Further investigation into what led to the radiation release at WIPP will determine whether more penalties or action are necessary.”
Sen. Martin Heinrich (D-N.M) also backed the state’s fines. “The State’s action is warranted and I agree that these fines should not jeopardize completing the environmental cleanup at Los Alamos National Lab and WIPP,” he said. “Our nation’s security relies heavily on the important work being done at these facilities, which are also big employers and critical to New Mexico’s economy.”
Rep. Steve Pearce (R-N.M.) called for DOE and the state to work together on improvements. “The state’s compliance orders issued today to WIPP and LANL concur with what has already been stated for some time about the February 5 and 14 incidents. In discussions with DOE Secretary Moniz, the Department has started serious work in implementing new policies and procedures at the plant,” he said in a Dec. 6 statement. “We need to work together to ensure the plant is up to standards and is back in safe, full operation. I am hopeful that NMED and DOE will work together to mitigate the significant fines for the benefit of all.”
SE N.M. Community Emphasizes Fines Shouldn’t Impact Recovery Funds
The local community from near the WIPP site was not surprised to hear of the large fines, John Heaton, head of the Carlsbad Mayor’s Nuclear Task Force, told WC Monitor. “There were certainly a lot of justifications for it. I don’t think anybody here thinks it was unjust,” he said, noting that it is important for the community that fine payments not come out of cleanup and WIPP recovery money. “Our group was pleased that there was room to work through that rather than taking the money out of the budget, which would definitely affect the recovery time. The recovery time for us is really based on budget to a large degree,” he said.
Nuclear Watch New Mexico: Fines Should Come From Contractors
The activist group Nuclear Watch New Mexico emphasized that the fines should be paid for by the contractors. “We applaud these efforts to hold the Department of Energy accountable in New Mexico and we urge NMED to not negotiate these relatively modest fines down, as is typically the case,” Scott Kovac, Research Director for the group, said in a statement. “These fines should be paid out of the contractor’s profits. The Lab had this waste for over 20 years and still could not get it right. We hope these NMED fines are a wakeup call for safe, comprehensive cleanup of all the wastes left from the Cold War at the Los Alamos Lab.”
