Nuclear
concerned citizens Reactor Santa Fe, NM for nuclear safety Winter 1998-99
ACTIVISTS WIN MAJOR NUCLEAR WEAPONS “CLEANUP” VICTORY AGAINST DOE o avoid being held in contempt of court in litiga- efforts spearheaded by CCNS, Judge Sporkin ordered tion brought by CCNS and 38 other environmen- DOE to “show cause” why it should not be held in con- Ttal and peace organizations, the U.S. Department tempt of court for violating a previous court-approved of Energy (DOE) has signed a landmark agreement settlement requiring it to conduct an Environmental which will increase public oversight of its efforts to Restoration Programmatic Environmental Impact State- address severe contamination problems in the nation’s ment. “This settlement provides citizens groups with nuclear weapons complex. data and funds so they can monitor and hopefully influ- ence clean up efforts,” stated Jay Coghlan, CCNS LANL This is a major victory both for the Program Director. environment and for public participation KEY ELEMENTS OF THE SETTLEMENT INCLUDE: •Creation of a regularly updated, publicly accessible database including details about wastes at DOE sites, The settlement, which was delivered to Federal District listing characteristics such as waste type, volume, and Court Judge Stanley Sporkin December 14, 1998 ends radioactivity, as well as transfer and disposition plans nine years of litigation charging that DOE failed to CONTINUED ON PAGE 4 develop its “cleanup” plans properly. Earlier this year, in
CCNS CLEAN AIR LAWSUIT BACK IN COURT BY JAY COGHLAN he first-ever civilian technical audit of a U.S. nuclear program at LANL. The audit is a requirement of the con- T weapons facility is stalled because DOE has refused to sent decree that settled a lawsuit brought by CCNS against provide the necessary funding to finish an independent DOE for the lab’s five-year-long violations of the Clean Air examination of the radioactive air emissions monitoring Act. CCNS filed a motion in the District Court of New Mexico requesting that the court order DOE to provide the additional funding requested by the independent audi- tor. The lab caused higher costs for this unprecedented audit, but DOE nevertheless refuses to provide the neces- sary money to finish the job. Ironically, when LANL wants a project, cost overruns are all too common. CONTINUED ON PAGE 4
INSIDE THIS ISSUE IF EVERYTHING’S OK THEN WHY HASN’T WIPP OPENED? P.3 John Till, president of RAC, presents audit findings on May 15, CCNS ON THE DE-ALERTING OF NUCLEAR WEAPONS P.5 1998 at a press conference in Santa Fe. Seated to the right of THE U.S. LEGACY OF RADIOACTIVE CONTAMINATION P.6 NUCLEAR LAUNDRY SUES CITY OF SF FOR THE 2ND TIME P.8 Till is part of his audit team, and CCNS representatives. EXECUTIVE DIRECTOR’S NOTES
A DECADE OF COMMITMENT the ordinance was intended to put INS out of business. (See nuclear laundry page 8.) CCNS and LANL are also his fall marks CCNS's back in court. This fall the lab refused to provide the nec- 10th anniversary. In the essary additional funding to complete the court-ordered T volatile and often under- audit of the lab's radioactive air emissions monitoring funded world of small nonprofit program, part of CCNS’ successful Clean Air Act settle- organizations, surviving (and ment which forced LANL to clean up its radioactive air thriving) this long is definitely contamination. (See cover story.) To quote baseball great Lee Lysne, cause for celebration. Over the Yogi Berra, when it comes to fighting for lasting justice in Executive Director last decade a lot of things have the courts, it seems like "déjà vu all over again." changed. Since 1988 we've seen As we approach the dawn of a new century and pre- the fall of the Berlin Wall and the passage of the Com- pare for yet another holiday season, there is still much to prehensive Test Ban Treaty. Improved diplomatic rela- be grateful for. On behalf of all of us at CCNS, I would tions with the former Soviet Union have also lessened the like to thank everyone who has supported our work over threat of global nuclear warfare. These are all positive the years. As a local grassroots organization, CCNS developments worth acknowledging. receives no state or federal funds; we rely on you. There Unfortunately, some things haven't changed. Despite are no quick fix, band-aid solutions for the environmen- the end of the Cold War, American taxpayers are spend- tal, health and public safety issues created by the produc- ing more than ever on core nuclear weapons programs. tion of nuclear weapons and waste. Making a difference Over the next decade, the Department of Energy (DOE) means making a long-term commitment to protecting our has budgeted 4.5 billion dollars a year for nuclear earth, ourselves and future generations. In this season of weapons research and development under the Stockpile giving, please consider making an investment in the Stewardship and Management Program. Billions more future. Send a check, volunteer your time or join CCNS are slated for future weapons facilities. The potentially as a member. With your help we look forward to the next damaging environmental impacts of these programs have 10 years. still not been adequately analyzed or addressed. (See Working together we have made a difference. LANL SWEIS page 10.) Ironically, while nuclear weapons spending is up 42% at Los Alamos National Laboratory Have the happiest of holiday seasons… (LANL) since 1989, in recent years nuclear waste cleanup programs at the lab have been cut nearly in half. Mean- while, DOE sites across the country continue to generate new waste without safe and economically viable options concerned citizens for nuclear safety for its disposal. Although many government officials con- 107 Cienega Street Santa Fe NM 87501 www.nuclearactive.org e mail: [email protected] tinue to promote the Waste Isolation Pilot Plant (WIPP) Phone 505.986.1973 Fax 505.986.0997 as the solution to this nation's defense-generated nuclear waste, there are still serious concerns about both trans- The Nuclear Reactor is published by CCNS, a non-profit portation issues and the safety of the site itself. (See WIPP organization dedicated to increasing public awareness and litigation and Mark the Route Day pages 3 & 9.) citizen involvement in nuclear safety issues. This issue of The Reactor also updates two important Reprinting from The Nuclear Reactor is permitted. legal battles that are back in the courts again. Two years ago the City of Santa Fe closed the "nuclear laundry" STAFF operated by Interstate Nuclear Services (INS) amid alle- Lee Lysne, EXECUTIVE DIRECTOR Jay Coghlan, LANL PROGRAM DIRECTOR gations that INS had illegally released sludge containing Joni Arends, WASTE PROGRAMS DIRECTOR radioactive contamination and had failed to disclose Suzanne Westerly, COMMUNITY COORDINATOR important test results revealing discharge violations. DeeDee Clendenning, ADMINISTRATIVE ASSISTANT Today INS is suing the City, seeking to overturn a new Colin King and Robert Booher, municipal wastewater discharge ordinance which regu- ST. JOHN'S COLLEGE WORK STUDY INTERNS lates the release of radionuclides into the City sewer and Sasha Pyle and Mariannah, NEW CCNS LOGO DESIGN wastewater treatment plant. The INS lawsuit claims that Newsletter Design and Layout by the City has no right to regulate the discharges and that HANSEN WOLF DESIGN & CONSULTING 2 The Nuclear Reactor IF EVERYTHING’S OK THEN WHY HASN’T WIPP OPENED?
he short answer is that despite SIGN OF THE TIMES... Appeals by the end of February 1999. approval from the Environ- After that, the Court of Appeals will T mental Protection Agency hear oral arguments. Even if the Court (EPA) that the Waste Isolation Pilot rules in favor of more scientific analy- Plant (WIPP) will meet long-term ses, WIPP could still open while DOE safety standards, questions persist completes the analyses. The Court of about whether WIPP really is safe. Appeals would have to additionally For example, the Department of Ener- impose an injunction delaying open- gy (DOE) refused to model scenarios ing until after the analyses. that show that nuclear waste will The other lawsuit filed by the escape from WIPP within the 10,000 same plaintiffs is against DOE. This year regulatory period. EPA allowed lawsuit amends an existing lawsuit DOE to ignore these possibilities. In CCNS’ billboard on Hwy. 285, that was filed in 1991 in the District addition to unanswered safety ques- near Eldorado of Columbia Federal District Court tions, WIPP has not opened because of this year, congressional members and challenges, among other things, DOE still does not have a hazardous and DOE officials from Idaho and DOE’s ability to open WIPP without a waste permit from the New Mexico Rocky Flats complain about delays hazardous waste permit from NMED. Environment Department (NMED). from environmentalists or from An existing injunction from the 1991 NMED is the only independent regu- NMED itself. But many experts famil- partial ruling is being contested by lator of DOE’s day to day operations iar with this issue believe that the fault DOE. The timetable on this lawsuit is at WIPP. The state permit regulates lies with DOE’s ineptitude at charac- uncertain because, after asking the ongoing construction, worker safety, terizing waste and its false claims of District Court to expedite its request and the rigor of DOE’s procedures readiness. to consider the lawsuit issues, DOE which will determine whether wastes Two lawsuits have been filed by then asked the Court to delay ruling are safe for WIPP’s restrictions. New Mexico Attorney General Tom indefinitely. The delay essentially Moreover, if a serious accident occurs Udall, CCNS and other environmen- leaves the injunction in place and pre- the state permit would regulate tal groups to prevent DOE and EPA vents DOE from shipping waste until cleanup and other corrective actions. from bypassing the legal and scientific DOE goes back to court to ask the NMED has said it will not be requirements necessary to assure Judge to proceed. ready to issue a permit until mid- WIPP’s safety. One lawsuit challenges So, why isn’t WIPP open yet? The 1999. After years of assuring New EPA’s approval of DOE’s plans to con- answer is that DOE has not yet satis- Mexicans that DOE would never tinue on its path to open WIPP with- fied federal and state law and that open WIPP without a state permit, out investigating scenarios that show DOE’s scientific justification for WIPP now DOE claims WIPP can open WIPP cannot contain nuclear waste is so problematic that the EPA certifi- without state regulation. Many people for 10,000 years. The lawsuit would cation process is under judicial review. feel this problem stems from DOE’s make EPA require that DOE model self-imposed and unrealistic WIPP these very real possibilities. The MARGRET CARDE opening date projections. When these timetable for this lawsuit calls for sub- CCNS BOARD MEMBER deadlines come and go without waste mission of arguments to the shipments as they did in May and July District of Columbia Court of
NEW VIDEO ON WIPP
he Center for Defense Information, a Washington, D.C.-based organization whose primary interest T is reducing national defense spending, is producing a video on WIPP through its affiliate, America’s Defense Monitor (ADM). The 1/2 hour program, to be broadcast nationally on selected PBS stations, focuses on WIPP, the United State’s supposed solution for disposal of defense nuclear waste. The pro- gram is part of ADM’s weekly video series and is available to PBS affiliates via satellite feed or as a broadcast quality video tape. CCNS encourages you to call your local PBS station and ask them to air this important program. For more information, contact Moon Callison at the Center for Defense Infor- mation: 202-332-0600 Ext. 119. The Nuclear Reactor 3 GROUPS WIN MAJOR NUCLEAR WEAPONS “CLEANUP” CONTINUED FROM COVER
•DOE funding for at least three national stakeholder “With access to program-by-program data on DOE- forums to assure the database is comprehensive, generated waste, we’ll also be able to demonstrate the accurate and useful; link between ongoing U.S. nuclear weapons research •Completion of an environmental analysis, with pub- and production activities and the dangers of contamina- lic input, of plans for “long-term stewardship” at tion,” added Coghlan. “The cause and effect relation- contaminated DOE sites to ensure protection of the ship will be clear: more nuclear weapons production public and the environment; means more nuclear waste.” •Establishment of a $6.25 million fund for non-profit Many of the groups first sued DOE in 1989, claim- groups and tribes to use in monitoring DOE environ- ing that the agency must conduct a thorough analyses mental activities and conducting technical reviews of before moving ahead with plans to address the radio- the agency’s performance; active and toxic legacy of nuclear weapons production •Payment of plaintiffs’ legal fees and expenses and to modernize its facilities. The next year, DOE incurred to litigate the case; and signed a legal agreement promising a full public review •Continuing federal court oversight to assure of its proposals. In 1994, however, DOE leaders decid- adherence to the agreement. ed to abandon the Environmental Restoration Program- “This is a major victory both for the environment and matic Environmental Impact Statement process without for public participation,” said Coghlan. “We have won consent of the plaintiffs or Judge Sporkin, who had access to the tools the public needs to monitor DOE’s approved the initial settlement. In April, 1997, plaintiffs compliance with the nation’s obligation to address the went back to Judge Sporkin seeking enforcement of the radioactive and toxic legacy of nuclear weapons pro- original agreement. duction.” In a series of court hearings, Judge Sporkin made it DOE’s “cleanup” program is slated to become the clear that he expected DOE to abide by its commit- largest environmental project in U.S. history, with an ments. In depositions taken by the plaintiffs, former estimated total cost of more than $250 billion. Energy Secretary James Watkins and other former senior DOE officials strongly backed plaintiffs’ claims.
CCNS CLEAN AIR LAWSUIT BACK IN COURT CONTINUED FROM COVER
In this instance, the independent auditor has already found is concerned that, without additional funding, three the lab to be in violation of the Clean Air Act for 1996 (in already scheduled audits through the year 2003 will be contrast to LANL’s explicit claims to the contrary), which jeopardized. may explain DOE’s desire to prevent further audit work. CCNS is also claiming that LANL has violated consent The Risk Assessments Corporation (RAC), led by Dr. John decree requirements concerning the popular Neighbor- Till, is conducting the audit. The Institute for Energy and hood Environmental Watch Network (NEWNET) Pro- Environmental Research is monitoring the audit for com- gram. NEWNET gives the public near-real-time online pleteness and independence. Both organizations have information on gamma radiation from lab operations. international reputations. The use of “environmental teller machines” in public CCNS’ motion argues that unforeseen circumstances, in places (giving computer-less access to NEWNET informa- large part of the lab’s own making, will soon force the RAC tion) and the development of school curricula were inte- audit team to exceed the consent decree’s budget of gral components of the program at the time that the con- $300,000 for the first audit. LANL-created factors include sent decree was negotiated. The lab dropped these two the lack of adequate documentation of radioactive materi- program elements, without court permission or CCNS als inventories (despite clear statutory requirements), exces- agreement. Finally, CCNS has requested that should the sive security procedures and added costs incurred by RAC court choose not to order the additional funding needed to in the preparation of a draft report. The report found the complete the audit, that the consent decree be terminated. lab to be in violation of the Clean Air Act for 1996, which This would allow CCNS to seek sanctions of up to the audit team felt compelled to publish quickly so that the $25,000 per source per day for LANL’s admitted non- lab could correct deficiencies as soon as possible. RAC had compliance with the Clean Air Act from 1990 to 1996. No no role in estimating audit costs for the consent decree, and hearing date has yet been set by the court.
4 The Nuclear Reactor CCNS POSITION ON THE DE-ALERTING OF NUCLEAR WEAPONS he following conditions encourage and make neces- • The stated justification for the continued preservation of sary the prompt wide-scale de-alerting of nuclear the weapons states’ nuclear stockpiles is for deterrence, Tweapons: in contrast to first strike use. The wide-scale de-alerting of nuclear weapons can greatly help eliminate the possi- • Thousands of nuclear weapons remain on high alert bility of first strike use and/or nuclear war by accident, despite the end of the Cold War. Various de-alerting miscalculation or unauthorized use, but still provide for methods, ranging from removal of warheads from their interim deterrence capability while disarmament negoti- delivery systems to eventual remote weapons storage ating steps are undertaken pursuant to the NPT; and under international monitoring and verification, can be used to help eradicate the nuclear threat. The deteriorat- • Progressively more stringent de-alerting steps can serve ing socioeconomic situation in Russia and potential as confidence building measures towards the NPT’s goal instabilities in the control of nuclear weapons have of eventual nuclear disarmament. More than 100 former increased the risk of nuclear war by accident, miscalcula- military commanders and high-ranking governmental tion or unauthorized use. At the same time, serious eco- officials from all five previously-declared nuclear powers nomic constraints will inevitably force Russia to drastical- have called for deep cuts in all nuclear weapons arsenals, ly reduce its arsenal. In response, the U.S. should begin de- which would lower the threat to global security and alerting large portions of its own arsenal; bring billions in direct annual savings. Deep de-alerting can offer further economic and environmental benefits • The U.S. is now the world’s sole conventional weapons by helping to reduce the need for future nuclear weapons superpower, a position that can only be seriously chal- activities such as plutonium pit and tritium production lenged by the nuclear weapons of other countries. The and disposal facilities for future military radioactive size of the U.S. nuclear arsenal is not relevant to deterring wastes such as the Waste Isolation Pilot Plant. possible threshold states or terrorist use of weapons of mass destruction. Because the wide-scale de-alerting of THEREFORE, CONCERNED CITIZENS FOR NUCLEAR the U.S. nuclear weapons arsenal would likely encourage SAFETY ADOPTS THE FOLLOWING POSITION: reciprocal measures by other nuclear weapons states, • All nuclear weapons states should begin the de-alerting U.S. national security would ultimately be enhanced; of nuclear weapons immediately and complete at least • The U.S. precedent for wide-scale de-alerting has already one de-alerting measure on all nuclear weapons as soon been established. In 1991, during the disintegration of as technically feasible. The objective is to dramatically the Soviet Union, President Bush ordered the immediate reduce the global risk of nuclear war by accident, miscal- stand-down and unloading of many strategic bombers culation or unauthorized use, and to strongly discourage and the withdrawal of the bulk of U.S. tactical nuclear the proliferation of nuclear weapons through strong weapons from Europe. Russian President Gorbachev international leadership by example; quickly responded with similar measures to these two • Multi-lateral criteria for de-alerting nuclear weapons unilateral American de-alerting initiatives; should be developed and adopted as a basis for building • The potential effects of Year 2000 computer problems on towards increasingly deeper de-alerting steps. All military radar and nuclear weapons command and con- nuclear weapons states must begin to plan for adequate trol systems are not publicly known. However, should storage, monitoring, security and verification measures any problems arise, they can only serve to increase the that would ultimately allow for the separation of nuclear risk of accidental nuclear war. Possible Year 2000 com- weapons from their delivery systems in a difficult-to- puter problems are a compelling reason for the prompt reverse manner that allows time for the diplomatic defus- wide-scale de-alerting of nuclear weapons; ing of any nuclear crisis; and • The increased proliferation of nuclear weapons has been • To help initiate and facilitate wide-scale de-alerting of most concretely demonstrated by recent Indian and Pak- their arsenals by all nuclear weapons states, the U.S. istani nuclear weapons tests. Those tests were in large should, if necessary, unilaterally begin the process of de- part driven by the refusal of the then existing nuclear alerting its own nuclear weapons, thereby promoting powers’ to enter into the serious global nuclear disarma- greater American national security and global security in ment negotiations mandated by the 1970 NonProlifera- general. tion Treaty (NPT). Wide-scale de-alerting by the earlier weapons states could play a decisive role in persuading NOVEMBER 1998 India and Pakistan to never deploy their own arsenals; The Nuclear Reactor 5 IN MY VIEW THE U.S. LEGACY OF RADIOACTIVE CONTAMINATION BY SUZANNE WESTERLY "The Mother Earth provides us with food, provides us with air, provides us with water. We, the people, are going to have to put our thoughts together, our power together, to save our planet here. We've only got one water, one air, one Mother Earth." Corbin Harney, Western Shoshone Spiritual Leader
words were not heeded. When the at least three truckloads a day of so- first digging began on Laguna lands, called "low-level" nuclear waste the bulldozer unearthed thousands from nuclear weapons facilities of rattlesnakes, believed by many to around the country are being be a warning. This warning too was dumped at NTS. Leaking nuclear ignored. In the years that followed, waste trucks have been observed on Corbin Harney, Native American the once peaceful village was to the roads. Highly radioactive Activist endure around-the-clock explosions nuclear power plant waste called RANIUM MINING ON TRIBAL that shook the homes and spirits of "spent" fuel rods poses a further ULANDS the people while covering every- threat to the Western Shoshone Over half a century ago, uranium thing in contaminated uranium Nation. Congress wants these was discovered on the lands of dust. The mining of uranium was gamma-radiation-emitting rods Laguna Pueblo and the Navajo the beginning of the negative from nuclear power plants all over Nation. On a visit to the Village of radioactive impact that would even- the country, mostly from the eastern Paguate on the Laguna Pueblo, I tually be felt by all life on Earth. U.S., transported to the NTS for heard a friend tell the story of when "interim" storage. Many Congres- uranium was found near his village. THE NEVADA TEST SITE sional representatives are presently Paguate sits on a mesa overlooking To many anti-nuclear activists, the pushing a bill, tagged by environ- the devastated remains of one of the Nevada Test Site (NTS) is the epi- mentalists as the "Mobile Cher- world's largest uranium mines. We center of the U.S. nuclear legacy . nobyl bill," which proposes ship- sat on the edge of the mesa as he The Test Site is situated on "taken" ping these rods to a parking lot at told me of his memories of the days lands of the Western Shoshone the NTS. This dangerous plan con- when the valley below was beautiful Nation. Many activists are working tinues to be fought by Nevada State and green, full of life, with a river to change what they feel is a mis- officials and environmental activists running through it. Before the min- guided U.S. policy. Because of the continued on page 7 ing of uranium began, the valley government's policy, tons of was filled with fruit trees, vegeta- lethal and long-lasting bles, wheat, and grazing animals; all radioactive waste have been the people needed for survival. It generated with no solution was a wonderful place to live. for what to do with it. When the uranium mining corpora- The Western Shoshone tion went to the people to ask per- Nation is the most bombed mission to mine, the complete story nation in the world. At the of what uranium mining would do NTS, nuclear weapons explo- to their lands and their health was sions, first above-ground not revealed. At that time, a Tribal nuclear tests, then under- Elder warned the people that if ura- ground, and now "subcriti- nium were brought to the surface, it cal" nuclear tests, continue to would bring great harm, that it contaminate life on Western must be left alone. The Elder's Shoshone lands. In addition, Peace activists at the Nevada Test Site (NTS).
6 The Nuclear Reactor I’D WALK A MILE FOR A CAMEL n one of the stranger proposed uses for a former nuclear weapons test site, China and the United Nations are I preparing to sign an agreement that would convert China’s Lop Nur nuclear test site into a sanctuary for the rare Bactrian Camel. The test site is located in a desolate area north of Tibet. The reserve is the size of Germany and would protect 400 wild camels who have already survived more than 40 above ground nuclear explosions. Nuclear testing at Lop Nur ended in 1996 when China declared it would abide by the terms of the Comprehensive Test Ban Treaty.
U.S. LEGACY OF RADIOACTIVE CONTAMINATION CONTINUED FROM PAGE 6 around the nation. It is difficult to Because of the CTBT, many peo- Because of the understand how some scientists and ple erroneously believe the U.S. is no strong connec- politicians can actually call nuclear longer creating nuclear weapons. tions between energy clean when some of the waste Not only is the U.S. manufacturing LANL and the remains extremely harmful to life for "subcritical" nuclear devices, LANL NTS, many indi- 240,000 years. has also begun manufacturing of plu- viduals and tonium pits, which are the triggers organizations Many people for nuclear weapons. Plutonium pit across the nation production work was formerly done The road to NTS. are working on erroneously believe at the Rocky Flats Plant near Denver, two large Gatherings to bring aware- the U.S. is no longer Colorado. Rocky Flats weapons ness about the nuclear weapons and work so contaminated the land and waste dilemma to the people of this creating nuclear water around the site that the plant country, and to work for peace in the weapons was shut down after an FBI raid in new millennium. "Honoring the 1989. Unfortunately, plutonium pit Mother, Healing Global Wounds LOS ALAMOS NATIONAL LABORATORY production has now been transferred Spring Gathering," will be held on Built in secrecy in the 1940's, Los to LANL. (See LANL SWEIS page Western Shoshone Nation lands on Alamos National Laboratory 10.) Many questions have been raised the weekend of May 9th, Mother's (LANL), the world's premier nuclear concerning the continued releases of Day. The Summer Gathering called weapons laboratory, is the birthplace airborne contaminants, as well as the "The Los Alamos Peace Project" will of nuclear weapons of mass destruc- daily dumping of liquid radioactive be held in northern New Mexico dur- tion. Among other projects, the lab and chemical waste into Mortandad ing the second week of August. This now manufactures "subcritical" Canyon. These are real issues, con- event coincides with the commemo- nuclear devices that are tested at the sidering the extensive contamination ration of the use of the atomic bombs Nevada Test Site (NTS). A "subcriti- at the Rocky Flats Facility, and the on Hiroshima and Nagasaki in cal" test involves plutonium assem- known migration of contaminants August of 1945. We hope you will blies set off by high explosives, but from the lab to the Rio Grande. join us as we work for peace and a stopping short of a sustained nuclear safer environment for our future chain reaction. The international WORKING FOR PEACE IN THE NEW generations. Comprehensive Test Ban Treaty MILLENNIUM (CTBT) bans "any nuclear weapon Much of LANL and the NTS SUZANNE WESTERLY test explosion or any other nuclear are on Tribal lands that were "taken" CCNS COMMUNITY COORDINATOR explosion." Peace activists world- by the U.S. government. For the last For more information, contact wide feel the U.S. tests violate the five decades, life in the areas sur- Suzanne Westerly at [email protected] spirit and intent of the test ban, ask- rounding these sites has been tainted or the Shundahai Network at ing the U.S. government instead to with radioactive and other hazardous [email protected] take the lead in ending nuclear contaminants. weapons production.
The Nuclear Reactor 7 LEGAL UPDATES
NUCLEAR LAUNDRY SUES CITY OF SANTA FE FOR SECOND TIME
nterstate Nuclear Services (INS), the Road in the heart of Santa Fe, claims the ordinance puts "Nuclear Laundry", filed suit it out of business because the requirements are too diffi- against the City of Santa Fe on cult to meet. The INS philosophy “dilution is the solution OctoberI 6th, seeking to overturn the to pollution” results in its method of treating radioactive City's new wastewater discharge ordi- discharges; simply increasing the amount of water it uses nance which regulates the discharge of and discharges so the concentrations of radionuclides radionuclides to the City sewer and would meet State standards. The City ordinance is more wastewater treatment plant. Treated effluent waters from rigorous. "The State standards are already too easy to the City's treatment plant are ultimately discharged to the meet, and using up precious water to get there is incredi- Santa Fe River, but the treatment does not remove the bly wasteful," says Leroy Romero, former INS manager radioactive contamination. The City's newly adopted and now a whistleblower and CCNS board member. Treated Effluent Management Plan calls for the City to INS has not operated in Santa Fe since May 1996, make extensive use of the treated effluent in an effort to when the City of Santa Fe closed it down amid allegations save over $27 million dollars in water rights purchases of illegal sludge releases containing radioactive contami- over the next twenty years. As Patricio Guerrerortiz, Pub- nation and failure to disclose tests revealing violations of lic Utilities Director for the City of Santa Fe, explained, City discharge requirements. Former “Nuclear Laundry” "The Treated Effluent Management Plan, which was employees, including Romero, testified at a public hear- adopted by the City earlier this year, includes the option ing about INS orders to violate the laws regulating to discharge the treated effluent into the Rio Grande in radioactive discharges, including illegal dumping of exchange for the right to draw San Juan-Chama drinking sludge into the sewer. The State nonetheless renewed the water... I believe that public perception of radioactive INS license. However unless INS can comply with the contamination of this effluent may affect our ability to City ordinance, it still cannot discharge to the City sewer. make our reuse plans work. That's one major reason "INS could recycle its water as is done elsewhere and why we have the limitations set forth in the wastewater wouldn't have to discharge anything. But they insist on discharge ordinance. This treated effluent use plan is using up our limited water to dilute their pollution, and essential to the City's ability to meet the water supply then dumping it into the sewer, then to the river, then to needs of our citizens in the future." Cochiti Lake," states Romero. The “Nuclear Laundry” could also go back to Los Alamos National Laboratory, where it started out. INS could recycle its water as is The INS lawsuit claims the City has no right to regu- late the discharges at all, and that the ordinance was done elsewhere and wouldn't intended to put it out of business. It also attacks CCNS as having been the spearhead for the ordinance and the have to discharge anything. But efforts to shut down INS. In addition to its attack on the they insist on using up our limited ordinance, INS seeks money damages from the City. "Our role is to educate the public and our City offi- water to dilute their pollution... cials about violations of the laws protecting citizens from radioactive contamination, and that's what we did and will continue to do," states Lee Lysne, Executive Director The plan also calls for the City to negotiate with of CCNS. "Leroy Romero came to CCNS to get help major water users who use drinking water for irrigation stopping the illegalities he perceived at INS. It's too bad to instead use treated effluent for irrigation, thus saving the State didn't listen to him, but we are grateful the City significant amounts of drinking water. There are plans to Council understands the issue and enacted the ordinance recharge the treated effluent to the Santa Fe River. and is actively defending it. It seems that INS's real goal The “Nuclear Laundry,” which for thirty years has is to intimidate the City into settling and throwing out the washed nuclear contaminated uniforms from Los Alamos ordinance. We are proud that the City Council won't National Laboratory and Rocky Flats at its plant on Siler cave in to this kind of threat."
8 The Nuclear Reactor MARKING THE NUCLEAR TRANSPORTATION ROUTE
WIPP site from all over the country. The nuclear waste is contaminated with transuranic particles (radioactive par- ticles heavier than uranium, primarily plutonium and americium) and hazardous materials, such as benzene, vinyl chloride, mercury, cyanide and lead.
“Mark the Route” demonstrators have been encouraged by the overwhelmingly positive responses received from motorists during the first three demonstrations. “I’m encouraged by the many supportive honks we’re getting from truckers. They’re on the road all the time and they know what the hazards are,” said Gail Snyder, Director of the Pikes Peak Commission for Peace and Justice, Col- orado Springs, Colorado. Anti-nuclear protesters at 285/84 and Camino La Tierra on August 8,1998 at the Mark the Route Day demonstration. Public interest organizations from around the country are advocating that instead of pushing ahead with WIPP, ctivists along the proposed Waste Isolation Pilot nuclear waste should be stored as close to the point of Plant (WIPP) route in New Mexico, Colorado, generation as possible in state-of-the-art, monitored and Wyoming and Nevada have been “Marking the A retrievable storage facilities. They are also calling for a Route” every second Saturday of the month from noon to re-examination of federal nuclear waste policy. 2 p.m. since July. In Santa Fe citizens gathered at three different locations to mark the route: at the light on Hwy. “I believe we have a global responsibility to oppose a 285 in Eldorado, at the Camel Rock Visitor Area Parking nuclear world, especially in light of the recent under- lot going south on Hwy. 285, and at Camino La Tierra ground nuclear tests by India and Pakistan, and our own and Hwy. 285. subcritical testing at Los Alamos National Laboratory,” Joni Arends, CCNS Waste Programs Director said. The Department of Energy (DOE) plans to ship 38,000 “Marking the Route is one way to let decision makers truckloads of nuclear waste over a 35 year period to the know that we are still concerned.”
STAFF AND VOLUNTEER UPDATE
JONI ARENDS HIRED AS CCNS ASH BLACK WASTE PROGRAMS DIRECTOR CCNS VOLUNTEER Joni Arends, one of the original Ash Black is a freelance web- founders of CCNS, has been hired as master who has maintained CCNS Waste Programs Director. Ms. the CCNS website since early Arends is a recent graduate of Ver- 1997. After living in Seattle mont Law School. While in law Ash returned to New Mexico school Joni worked as an intern with in 1996, where he pursued the American Environmental Health web development with Studio Studies Project in Knoxville, Ten- X. In 1998 he became an inde- nessee studying health impacts on pendent contractor. Ash says DOE workers at the Oak Ridge his involvement with CCNS Facility. She also interned with the Natural Resources stems from his strongly held beliefs about nuclear Defense Council in Washington D.C. in the nuclear litigation waste issues, particular the controversial proposed section. Joni recently returned to New Mexico and we are opening of WIPP. Ash lives in Madrid, NM. delighted to have her back.
The Nuclear Reactor 9 THE DRAFT LANL SITE-WIDE ENVIRONMENTAL IMPACT STATEMENT BY JAY COGHLAN
he Los Alamos National Laboratory (LANL) Draft Site-Wide Environmental Impact State- Tment (SWEIS), released by DOE in April 1998, reveals the formalization of the weapons devel- opment future LANL has always sought. Under the Draft SWEIS’s preferred alternatives, plutonium pit production will be relocated from the notorious Rocky Flats Plant to LANL’s plutonium complex; plutonium pit storage will be expanded; high explo- sives testing, much involving special nuclear materi- als, will triple; tritium operations will be expanded; the development of accelerator produced tritium will be pursued; and the lab’s “low-level” radioactive dump expanded. The lab’s core nuclear weapons Jay Coghlan at a LANL-SWEIS Press Conference, June 10, 1998. program budget has risen by nearly 50% since the end of the Cold War. DOE is preparing to claim sub- exceeding Cold War levels for core nuclear weapons stantial cleanup at LANL by the year 2008 by mov- research, development, and testing programs. In a ing some waste to the Waste Isolation Pilot Plant, SSM programmatic environmental impact statement, while planning to leave 85% of total wastes “buried” DOE repeatedly stated that as a matter of national in the ground. Furthermore, over the next 20 years, policy new nuclear weapons would not be produced. massive volumes of new radioactive wastes will be However, DOE’s real SSM Plan, (the so-called generated. “Green Book,” released in a declassified version due to citizen litigation), contains a number of admissions pertaining to the indefinite maintenance of the stock- Under the Draft SWEIS’s preferred pile including gradual replacement of existing alternatives, plutonium pit weapons with modified or new ones, the possible development of new nuclear weapons in response to production will be relocated from emergent threats, and the potential for reconstitution the notorious Rocky Flats Plant to of the nuclear arsenal to Cold War levels. LANL’s plutonium complex... The indefinite extension of U.S. nuclear weapons capabilities, coupled with plans for the design and LANL’s professed post-Cold War reason-for- production of new replacement or completely new being is to help ensure the “safety and reliability” of nuclear weapons, has extremely significant interna- the nuclear weapons —stockpile rather than weapons tional implications. The principal international development. However, a close look reveals plans instrument for suppressing the proliferation of and funding for nuclear weapons development. As a nuclear weapons has been the NonProliferation baseline, the stockpile is currently judged to be safe Treaty, in which the nuclear weapons states promised and reliable. DOE’s own documents state that for in 1970 to enter into serious negotiations toward decades no problems are expected with stockpile total nuclear disarmament. As their part of the bar- aging that couldn’t be detected and fixed by existing gain, non-weapons states forever forswore the acqui- evaluation programs and remanufacturing-as-needed sition of nuclear weapons. The recent deplorable of both nuclear and nonnuclear parts. Nevertheless, nuclear weapons tests by India and Pakistan have DOE has proposed and is implementing the Stockpile shattered the old nonproliferation regime, but have Stewardship and Management (SSM) Program at also highlighted long–held complaints of a discrimi- budget levels now approaching $4.5 billion annually, natory regime enforced by the nuclear weapons
10 The Nuclear Reactor THE DRAFT LANL SWEIS CONTINUED FROM PAGE 10 states. The LANL SWEIS largely reveals an indefinite other DOE sites, potentially opening the floodgates for extension of U.S. nuclear weapons programs. Ulti- huge volumes of offsite LLW. Additionally, the Draft mately, this will hinder global resolution of the root SWEIS calls for tripling high explosives testing, much causes of proliferation. of it involving nuclear materials, and ten-fold increased storage of tritium at key facilities. In its leaked 1993 LANL Strategic Plan, lab man- agement made clear its desire to obtain whatever resid- The indefinite extension of U.S. ual share of production capabilities of the consolidat- ing nuclear weapons complex that it could, in order to nuclear weapons... has extremely arrive at the ultimate ability to produce complete significant international implications. nuclear weapons. The Draft LANL SWEIS is now dis- closing expanded nuclear weapons operations at the As important as what is in the Draft SWEIS is what lab, which will help assure LANL of its position as the is not. Omitted issues include: nation’s premier nuclear weapons laboratory. Under • Specific budget costs for specific projects under the new stockpile plutonium pit production mission, expanded nuclear weapons activities; LANL will step up pit production from the current • The rebuild of the Nuclear Materials Storage Facili- rate of around 14 annually for research and develop- ty, an underground plutonium pit vault, never used ment (in the past often detonated at the Nevada Test because of serious design and construction deficien- Site) to 50 to 80 for stockpile production and eventu- cies. If rebuilt under one possible alternative, its al deployment. In order to help create more floor design capacity could hold up to 35 metric tonnes of space for pit production, the Draft SWEIS proposes as special nuclear materials (LANL’s declared invento- a possible alternative an advanced plutonium labora- ries for plutonium and highly enriched uranium are tory, reminiscent of a project that was stopped in the 2.6 and 3.2 metric tonnes respectively); early 1990’s, the completion of which would have • Site-wide plans for cleanup; capped the creation of a “special nuclear material • Site-wide plans for the prevention of the offsite park.” In addition, because of a demonstration project migration of radioactive wastes; to reduce pits into material for commercial reactor fuel • Site-wide plans for the monitoring and protection of rods and the processing of dangerous LANL and surface and ground water; Rocky Flats plutonium residues, LANL is slated to • Clear transportation data regarding total current remain very much involved in a variety of plutonium and future shipments of radioactive materials; operations for a long time to come. • Analyses of environmental and health impacts of a major forest fire on lab property; and The lab’s core nuclear weapons • Comprehensive analysis of the environmental justice impacts of locating expanded nuclear weapons program budget has risen by nearly activities and radioactive waste disposal in the same 50% since the end of the Cold War. state. New Mexico has the highest “minority” pop- ulation, and is also home to the planned Waste Iso- lation Pilot Plant, the nation’s first permanent dump The second major activity analyzed under the Draft for military transuranic wastes. DOE has stated SWEIS is the expansion of the Area G “low-level” that LANL’s pit production facility is expected to be waste (LLW) dump, which will otherwise run out of the only generator of transuranic wastes in the capacity by the year 2000. It is not just a low-level future, due to continuing bomb production. waste dump; in the past reactor rods and “classified” wastes have been buried there. The Draft SWEIS pro- The Final SWEIS is expected to be released in early jects the burial of approximately 120,000 cubic meters 1999. Given post-Cold War realities, the need to sup- of LLW over the next 10 years at Area G, in an area press the proliferation of nuclear weapons, and the contiguous with the designated San Ildefonso Pueblo specter of yet more radioactive wastes, are the expand- Sacred Lands. In a process separate from the SWEIS, ed nuclear weapons activities proposed in the Draft DOE is also considering whether LANL should SWEIS the direction that you want for Los Alamos become a consolidated disposal center for LLW from National Laboratory?
The Nuclear Reactor 11 Non Profit Org. concerned citizens for nuclear safety U.S. Postage 107 Cienega Street Santa Fe NM 87501 PAID www.nuclearactive.org e mail: [email protected] Permit No. 100 Phone 505.986.1973 Fax 505.986.0997 Santa Fe, NM
!!NEW!! visit our web site at: nuclearactive.org
FINAL PUBLIC HEARINGS ON WIPP WIPP STATE RCRA REVISED D RAFT P ERMIT H EARINGS J ANUARY, FEBRUARY AND M ARCH 1999 lert! The New Mexico Environment Department (NMED) is in the process of approving a plan for Los NMED RCRA PERMIT TIMELINE (subject to change) Alamos National Laboratory to begin sending “pure” A January 18 Deadline for all written comment radioactive waste to the Waste Isolation Pilot Plant (WIPP) as early as January. The Department of Energy’s plan would open WIPP to February 1 Deadline to register to testify receive "pure” radioactive" waste without a State permit. Mean- February 22 Public hearing (tech./nontechnical testimony) while, the NMED issued its draft hazardous waste permit (for Hours: 9 a.m. daily through March 7, if necessary chemical & toxic waste) on November 13th even as it continues Location: Apodaca Hall, PERA Building to process the State permit. Unfortunately, NMED's draft permit 1120 Paseo de Peralta, Second Floor has relaxed the earlier proposed requirements for identifying and Santa Fe, NM treating WIPP waste and has eliminated significant State regulato- March 8 Public hearing (nontechnical testimony only) ry procedures. These changes have raised public concern that Hours: 9 a.m. daily through March 14, if necessary NMED has failed to take its WIPP operational permit responsibil- Location: Pecos River Conf. Center, Carlsbad, NM ities seriously. March 15 Optional final session(tech./nontechnical testimony) Hours: 9 a.m. daily until completed NMED will hold public hearings on the revised draft permit in Location: Santa Fe same as Feb. 22 public hearing February and March in Santa Fe and Carlsbad (see box). Copies of the revised draft permit can be reviewed at the CCNS office or by visiting NMED's web page at To send written comments or to register to testify, contact: