Environment Department signs consent order with DOE for LANL legacy waste clean-up

SANTA FE - Gov. Michelle Lujan Grisham's administration and the U.S. Department of Energy have executed a Settlement Agreement to clean-up legacy radioactive wastes at Los Alamos National Laboratory, marking a historic moment in the fight to hold the federal government accountable for the toxic waste it left behind in the wake of nuclear weapons testing in New Mexico.

The Settlement Agreement, executed on Aug. 30, and associated Compliance Order on Consent supersedes the contested 2016 agreement that failed to deliver meaningful clean-up of legacy radioactive waste.

"Los Alamos National Laboratory is now fully accountable for cleaning up the radioactive waste legacy stemming from the Oppenheimer days," said Gov. Michelle Lujan Grisham. "This settlement agreement holds the U.S. Department of Energy accountable to both New Mexicans and Tribal communities who have every right to expect full and timely remediation of the site."

As part of the settlement, the new Compliance Order on Consent outlines the strategies for prioritized clean-up of historical operational waste at LANL, which includes nuclear weapons design and testing, as well as high explosives research and development.

The settlement is the outcome of extensive negotiations conducted over several years between New Mexico Environment Department (NMED) and the DOE. In 2021, NMED initiated a civil lawsuit against DOE for failing to make progress on the contamination clean-up at LANL stipulated in the prior 2016 Compliance Order on Consent. At that time, NMED sought termination of the 2016 Compliance Order on Consent, court-supervised negotiations for a new Compliance Order on Consent, and a civil penalty of $333,000 for alleged violations.

"This is the culmination of years of effort by the Environment Department, with this consent order being one more step in holding the Department of Energy accountable," said NMED Secretary James Kenney. "Los Alamos National Laboratory must now immediately get to work and fill the Waste Isolation Pilot Plant with legacy waste. All excuses have been voided."

The new agreement offers necessary revisions regarding public participation, an improved and faster dispute resolution process, and broadened enforcement of deadlines conforming to a new five-year plan. NMED anticipates these provisions will ensure preference is given to legacy waste clean-up by making the U.S. DOE responsible for transparently spending their Congressionally appropriated funds towards achieving clean-up of the site.

"The new Consent Order sets critical deadlines for cleanup progress milestones, forcing the DOE to take accountability in a timelier manner," said JD Nance, NMED Hazardous Waste Bureau Chief. "This includes scheduled deadlines for monitoring well installations, allowing NMED to better define the chromium plume's boundary and ensure contamination doesn't affect surrounding resources."

The Biden-Harris Administration identified the legacy waste remediation at LANL as a priority for its Justice40 Initiative. The Justice40 Initiative is a federal government effort to deliver at least 40% of the overall benefits from certain federal investments to disadvantaged communities. LANL was chosen by the Administration as one of five U.S. Department of Energy Justice40 Pilot Programs and it is the only Justice40 Pilot Program under the U.S. Department of Energy's Environmental Management program.

NMED is planning to conduct public stakeholder and Tribal meetings in the coming months to explain the terms of the settlement and opportunities for engagement per the Compliance Order on Consent. NMED will share these opportunities on its public calendar and through social media.

Pursuant to state law, the $333,000 civil penalty reverts to the State of New Mexico's Hazardous Waste Emergency fund. This is the primary state fund from which NMED addresses releases of hazardous materials.

The Settlement Agreement and Compliance Order on Consent is available here.