New Mexico comes after DOE again on WIPP waste

Claiming the Department of Energy is backing away from commitments made in a 2023 settlement agreement with the state, the New Mexico Environment Department (NMED) is proposing revisions to the Waste Isolation Pilot Plant operating permit. The revisions would prioritize the disposal of waste generated in New Mexico at WIPP, including legacy radioactive waste from Los Alamos National Laboratory.

The DOE's geologic repository for defense-related transuranic waste, WIPP operates under a permit issued by NMED, which has the authority to regulate hazardous waste at the repository near Carlsbad, N.M.

"The U.S. Department of Energy cannot retreat from its obligation to clean up legacy waste generated from the Manhattan Project through the Cold War," said NMED Secretary James Kenney. "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."

Comment period: NMED issued a draft permit modification on April 23, initiating a 45-day public comment period ending on June 8. NMED said it will hold a public hearing on the draft permit following the comment period unless the parties can reach a settlement agreement on the proposed revisions.

NMED said it expects the process to conclude by fall 2026.

Permit history: In October 2023, NMED renewed WIPP's 10-year hazardous waste facility permit following a negotiated settlement agreement with the DOE, whereby the DOE agreed to several permit conditions proposed by NMED, including prioritizing the disposal of TRU waste generated within the state. In return, NMED agreed not to hold a hearing on the permit issuance.

Earlier this year, NMED issued nearly $16 million in fines against the DOE for failing to prioritize the disposal of state waste at WIPP. At the time, NMED also initiated a department modification to WIPP's operating permit to require explicit standards and metrics for the disposal of waste from LANL.

Permit modifications: Under the current permit modifications, the DOE would be required to take several measures, including the following:

1. Defining legacy waste-The permit would be updated to clarify the definition for legacy waste and to prioritize LANL and legacy waste during the current 10-year permit term.

2. Setting metrics for LANL legacy waste cleanup-The DOE will need to ensure that LANL legacy waste accounts for 55 percent of total disposal volume at WIPP from 2027 through 2031, increasing to 75 percent beginning in 2032.

3. Establishing deadlines-The DOE will be required to dispose of all legacy waste stored above ground at LANL Material Disposal Area G legacy waste at WIPP by July 1, 2028.

4. Requiring transparency-NMED is asking the DOE to provide more robust reporting to demonstrate compliance with the permit modification requirements.

ECA response: The Energy Communities Alliance, which promotes the interests of communities surrounding DOE cleanup sites, said it is concerned that NMED's permit modifications will slow down cleanup in New Mexico and around the country.

"Earlier this year, ECA and its members from Los Alamos and Carlsbad, N.M., met with Secretary Kenny and representatives from Gov. Martinez's office," the ECA wrote in an April 23 email. "They identified that if NMED moved forward with this action that it will affect every state and local community that ships waste to WIPP, impact jobs, and possibly slow down the work at both WIPP and other sites around the country."