ENERGY
State environment secretary claims DOE is ‘walking away’ from nuclear waste cleanup
NMED on Thursday proposed revisions to the state permit for the Waste Isolation Pilot Plant in Carlsbad
The fight between New Mexico and the U.S. Department of Energy over nuclear waste rose a DEFCON level Thursday, with the state setting a deadline for the federal government to remediate Los Alamos National Laboratory sites that have been radioactive nearly since the advent of the bomb.
One of the state Environment Department’s proposed permit changes says DOE must dispose of all above-ground legacy waste at LANL’s Area G to the Waste Isolation Pilot Plant in Carlsbad by July 1, 2028. Planning to close Area G, the only active waste facility on LANL property, has been underway since 1992, according to the DOE’s site-wide environmental impact released in March.
If an administrative remedy cannot be reached, “we have additional legal remedies which could include a lawsuit or seeking a restraining order, an injunction,” James Kenney, New Mexico’s environment secretary, said on Thursday.
The federal government is too focused on the production of new pits — President Donald Trump has made a new generation of tactical nuclear weapons a priority for his administration — and cleaning up other sites, and is “walking away” from its commitments to clean up New Mexico’s legacy nuclear waste, Kenney said.
“For New Mexicans, we’re seeing a strategic pivot with respect to the role that DOE and NNSA play in our state,” Kenney said. “And that strategic pivot is moving toward greater nuclear weapons arsenals production. And that’s at the expense of environmental cleanup of legacy waste from past races to create nuclear weapons from the Manhattan Project through the Cold War, through where we are today.”
Kenney’s department on Thursday proposed the revisions to DOE’s state permit for WIPP as a response to a promise it made in a 2023 settlement agreement.
In that agreement, DOE said it would prioritize the disposal of legacy transuranic waste — materials such as gloves, soil, tools or other equipment contaminated with radioactive waste leftover from the Manhattan Project through the Cold War — over that of new waste.
LANL’s Area G is where — on a site containing 32 pits, 194 shafts and four trenches of certain infectious waste — radioactive and asbestos-containing materials were disposed of since 1957. Waste containers are stored in domes equipped with fire detection and air monitoring systems.
DOE runs the WIPP site with Salado Isolation Mining Contractors LLC, or SIMCO. WIPP disposes of waste materials from sites across the U.S.
DOE did not respond to a request for comment.
Despite the 2023 agreement, the NMED accused the DOE of prioritizing other legacy nuclear cleanup sites, citing data from 2023-25 showing DOE shipped 992 waste containers from Idaho National Laboratory to WIPP compared to 198 waste containers from LANL to the southeastern New Mexico site.
NMED, in its proposed permit revisions, asks that DOE more clearly define legacy waste. It also asks for “objective metrics for LANL legacy waste cleanup,” ensuring that LANL legacy waste accounts for 55% of total disposal volume at WIPP from 2027 through 2031.
“DOE must provide more robust reporting to demonstrate compliance with these requirements,” NMED said.
NMED issued a notice alongside the draft permit, triggering a 45-day public comment period that ends June 8. Afterward, NMED will hold a public hearing on the draft permit unless the parties reach a settlement agreement. NMED said it “expects the process to conclude by fall 2026.”
DOE’s Carlsbad Field Office and SIMCO will host an in-person and virtual to provide an update on WIPP operations from 12-1:30 p.m. Tuesday, April 28.
“We’ve had these moments where this strategic pivot has gone to ramp up defense activities right here in our own backyard,” Kenney said. “And Los Alamos is certainly, based on the president’s funding, in a ramp up of nuclear weapons. But again, we as New Mexicans need to think about that environmental, public-health legacy. It’s still sitting in Los Alamos.”
The administration in April proposed in its budget request to Congress to increase NNSA’s budget by 12% annually to $32.8 billion. The budget also proposed a $386 million cut to the DOE’s Office of Environmental Management, responsible for the cleanup of nuclear waste. Under Trump’s budget, the office would receive $8.2 billion.
Kenney’s message to Congress: “The only sucker’s choice is the one where you choose weapons over remediation. Both can actually go forward.”
Justin Horwath covers tech and energy for the Journal. You can reach him at jhorwath@abqjournal.com.