The Los Alamos National Laboratory’s renewed air quality permit last week withstood a challenge from several nongovernmental entities. The National Nuclear Security Administration facility and its state regulator, the New Mexico Environment Department, persuaded the state Environmental Improvement Board to deny the appeal to the NMED approval from February 2015.
The petitioners sought additional conditions in the permit, focusing on a category of contaminants that do not amount to a “significant” hazard under Title V of the federal Clean Air Act, having to do with air quality for site operations. While there are no regulations for “insignificant” sources in the statutes, the national program requires operating permits for major sources (such as carbon monoxide or asphalt dust), which are defined as those with the potential to emit more than 100 tons per year. Lower limits are allowed for minor sources and combinations of minor sources, and stricter requirements imposed for designated hazardous air pollutants.
The petitioners asked for additional monitoring for certain LANL sites that were not covered under the permit. Under the rules of the administrative hearing, the burden of proof for authorizing such requirements was on them.
“They fail to cite any case law or other legal authority which says the department has the authority to add these conditions to the permit,” said NMED co-counsel John Verheul in his opening statement. “So procedurally the petitioners have not made the case they are required to make by regulation. Procedure aside, the reason that no applicable law has been cited is that none exists.”
Nearly a year after NMED issued a new five-year permit governing air quality at LANL, the board unanimously denied the petition by Tewa Women United, an intertribal women’s group, represented by Kathy Sanchez of San Ildefonso pueblo; Concerned Citizens for Nuclear Safety, a Santa Fe nonprofit, represented by Joni Arends; and Dr. Maureen Merritt, a physician and occupational medicine practitioner.
