In the latest sign of friction between the state of New Mexico and the Department of Energy, a state agency Thursday proposed restrictive changes to the hazardous waste permit for the Waste Isolation Pilot Plant (WIPP) near Carlsbad.
Among other things the draft permit changes announced by the New Mexico Environment Department (NMED) would set clear deadlines for WIPP to take legacy waste from DOE’s Los Alamos National Laboratory (LANL).
The development comes two months after New Mexico announced planned enforcement action over foot-dragging on DOE shipments to WIPP. The issue has been simmering for some time with DOE saying it does a good job of moving LANL waste that is approved, packaged and ready to make the trip to WIPP.
Under the changes, WIPP would be required to dispose of all above-ground defense-related transuranic waste at Los Alamos Material Disposal Area G legacy waste at WIPP by July 1, 2028, according to NMED.
Further the revised NMED permit would mandate LANL legacy waste account for 55% of total disposal volume at WIPP from 2027 through 2031, according to the NMED press release. This would rise to 75% in 2032 and allow DOE to catch up on Los Alamos cleanup milestones under a 2023 settlement agreement, NMED said.
The revised permit calls upon DOE to define legacy waste.
“For too long, DOE has operated without a clear permit definition of legacy waste,” according to the NMED release. “This change allows definitions used in other states to be considered and holds DOE accountable to New Mexico’s definition.”
In the release, NMED bemoaned the delay of construction of an underground panel dedicated largely to New Mexico legacy waste until 2035.
“The U.S. Department of Energy cannot retreat from its obligation to cleanup legacy waste generated from the Manhattan Project through the Cold War,” New Mexico Environment Secretary James Kenney said in the release. “In response, we are strengthening the Waste Isolation Pilot Plant’s operating permit to affirm the commitments made to protect the health of communities across the United States, including New Mexicans.”
In an emailed statement a DOE spokesperson said the department “will carefully evaluate the New Mexico Environment Department’s proposed modification to the Hazardous Waste Permit to ensure cleanup efforts across the DOE complex will be completed safely and successfully.”
DOE went on to tout the role of WIPP, the only deep underground disposal site in theUnited States for defense-related transuranic waste, and its safety record. “We look forward to continuing our work with Secretary Kenney, local communities of Carlsbad, Los Alamos County, and the Pueblos,” the DOE spokesperson went on to say in the email.
The Energy Communities Alliance (ECA), which represents municipalities bordering DOE installations, expressed concern about this week’s proposal, saying it would affect transuranic waste shipments across the DOE weapons complex and come on the heels of a prior New Mexico permit revision in 2024.
This latest proposal kicks off a 45-day public comment period ending June 8. Afterwards, NMED will hold a public hearing. A public notice and fact sheet can be found on NMED’s WIPP webpage.