Northern New Mexico Citizens' Advisory Board Meeting Minutes

Pueblo de Cochiti, NM

Board Meeting Minutes

October 28, 1998

Agenda: The Deputy Designated Federal Official MJ Byrne began the meeting at 6:10 P.M. Gary Valdo introduced Cochiti Pueblo Governor Suina and Lt. Governor Governor Suina welcomed the Board to the Pueblo and made some opening remarks about the Pueblo.

The Board accepted the agenda as presented.

Public Comment:

Jeanne Marie Crockett, 2044 A Galisteo Street, Santa Fe, NM 87502 505-827-1536

Ms. Crockett introduced Larry Sanders, the Director of LANL's Newnet. Ms. Crockett announced that posters describing Newnet were available for Board members. The next Community Radiation meeting will be in January. She described a funding proposal submitted to the Department of Energy and the New Mexico Environment Department for supporting the Surveillance Committee.

End of Public Comment

Report: 
Mr. John Arthur of the Department of Energy Albuquerque Operations Office made a presentation to the Board. He said that Los Alamos had the greatest challenge in environmental restoration in the DOE complex. DOE expects more progress in cleaning the site in FY99. The goal for waste water is zero discharge.

Mr. Arthur described the Department's plans to open the Waste Isolation Pilot Project (WIPP) in Carlsbad, New Mexico. Several Board members have recently toured this site. The New Mexico Environment Department has not yet issued Permit B to open the site. The Department is concerned that mixed wastes including hazardous materials and Transuranic wastes will go from LANL to Carlsbad violating the regulations. The various sites are ready to schedule shipping their wastes to Carlsbad. The Department expects that a draft permit will be out in November and NMED will likely issue the final permit in July 1999.

The Department wants to begin shipping as soon as possible due to the Colorado and Idaho compliance orders that require shipping before April 1999. In January 1998 the Department expects to send the first shipments to WIPP. The State of New Mexico is not comfortable with the characterization of LANL's wastes. The plan is to sample and monitor seventeen shipments to assure that they are not mixed waste. NMED and DOE developed this plan two months ago and the sampling is now finished. Right now, it looks like no mixed waste is in the barrels. They will issue a final report in mid-November. The State said that if LANL ships now this decision would jeopardize the resources they need to process Permit B and the need to have an independent regulator. The real driver for DOE is the compliance order to get the waste to WIPP.

Hank Daneman asked about the contracted report on the multi modal transportation plan from other sites. Can this report provide the definition for Chemicals of Concern, where are they, and what can they move first from LANL and other sites? Other Site-Specific Advisory Boards are concerned about integration issues. They are still working this concern. John Arthur will get an update for the Board. Information is available on the Internet for the National Transportation Program shipping routes and materials. The concern is what fraction of these materials they remove rather than parked in their current location.

Mr. Daneman said that tritium was found in the monitoring wells and TA-55 effluent was found in Mortendad Canyon and groundwater contamination. Mr. Arthur stated that the goal is to have zero release and how much low-level Waste is dropping. Mr. Arthur promised to update the Board. Mr. Daneman suggested that LANL be given Superfund status. Mr. Arthur stated that Superfund would require that LANL follow additional regulations. Mr. Daneman said that he thought that LANL did not need to have additional regulations. Mr. Arthur agreed and said that the Superfund act created more drivers to clean up the site. However, Mr. Arthur did not think that Superfund status would help the cleanup at LANL because this status would not get more funding for cleanups.

Mr. George Chandler observed that the literature describing WIPP has different ways to present the radioactive levels. The references are not consistent in their description of the hazardous risks. He gave examples of contradictory descriptions of the radioactive hazard. He asked how the Department can expect people to understand when these contradictions confuse people? The Department needs to try to get out accurate information. Mr. Arthur suggested that the Board have a presentation made by the National Transportation Program to respond to these questions.

Mr. Arthur said that the first shipments would be contact-handled waste in TRU packs with the highest PU 238 that is some highest level of waste. Mr. Michael Smith asked if the drums are limited to what they are emitting or by weight. It could be a problem if mass determines the size of the shipments due to the high level of activity. Mr. Arthur responded that the waste acceptance criteria are no liquids, radiological analyses of what are the constituent elements and do they meet the requirements or if they have repacked them to meet standards.

Mr. Michael Smith asked about the Department of Transportation limits on what is in the truck. Mr. Arthur responded that the trucks have to meet the Waste Acceptance criteria, the Department of Transportation and DOE's standards. In addition, the Environmental Impact Statements also have standards and criteria. Mr. Arthur suggested that Ken Hunter from the Carlsbad Area Office may be a good reference for the Board.

Mr. Elmer Torres said that if the container emits less than 200 millirems per hour at its surface then a TRU pack cuts down the emissions considerably. Mr. Chandler said that he felt 8 curies per drum is a lot. The Board needs to understand the transportation and package issues. John Arthur will take back the issues and will respond. The Board requested a presentation from the National Transportation Program staff person Judith Holm.

Mr. Jim Waber said he found a miscalculation and reported it to Albuquerque Operations and to the NEPA Compliance Officer Elizabeth Withers on the finding of No Significant Finding. The EIS said that the finding of 620 rem. is considered no problem. Mr. Waber asked the Board to look at this FONSI.

The Board Chair expressed thanks to Mr. John Arthur for his presentation.

Chair Report:
Mr. Chandler announced that the Environmental Assessment on the Nevada Test Site Low Level Waste is available for public comment. He suggested that the Board look at transportation issues for alternative routes. An information package is available on the pending Low-Level Waste and Mixed Low-Level Waste Disposal Decisions. Mr. Chandler requested that DOE order these documents for Board members.

Mr. Chandler received a letter from Secretary Richardson saying that he will visit the Board sometime soon. MJ asked the Secretary's office to find time for the Secretary to come to New Mexico. Mr. Chandler asked John Arthur to help facilitate a meeting with Secretary Richardson.

Mr. Chandler announced that he asked Janet Gerwin to serve on the Monitoring and Surveillance Committee.

Mr. Chandler said that DOE sent thirty-eight letters to local community leaders and the New Mexico congressional delegation requesting nominations for the Board.

Mr. Chandler remarked that LANL reported the Sandia Canyon R-12 testing well results in the newspapers. He requested that the Board receive this information before it goes to the press. Mr. Bob Prommel of the LANL Community Involvement Office said that he could put the Board on the prior notification for these kinds of communications. Ms. Byrne suggested that the Board send a formal letter to Mr. Tom Baca and request that LANL send this information to the Board ahead of the newspapers. The Board would like the opportunity to comment on these reports.

DOE Report 
Ms. Byrne asked Ray Armenta to distribute his written report. Mr. Armenta said that invited the public and Board members to participate on the WIPP tours. The Outreach Committee met on October 26. At the LANL Foundation dinner, George Gonzales asked if George Chandler could come back on his radio show. Mr. Armenta arranged for George Chandler to be on a TV talk show. Mr. Armenta said that President Clinton's Cabinet would meet November 4 and 5 to consider various federal historical register locations including LANL's V site. LANL used the V site for making the first atomic bomb. Ms. Byrne thanked Ray Armenta for his work on the WIPP tours. She emphasized the importance of elected and appointed leaders going to WIPP and looking at the facility. She said that this first hand experience helped inform and change attitudes about WIPP.

Ms. Byrne distributed the instructions on how Board members can receive travel advances. The Department needs a minimum of three days before departure for a travel advance. Ms. Byrne apologized to Anthony Armijo because the Area Office could not make his conference travel arrangements. If the Board members want to travel, they should contact Ann DuBois for the necessary forms. Canceling plans is easier rather than getting approval when the time is short.

The Board evaluation drafted by Judith Bradbury will be ready in November for the Board's comment. She will distribute the final report in the spring. Ms. Bradbury expressed her thanks to the Board members who participated in interviews.

Los Alamos Area Office Manager David Gurulé presented an appreciation certificate to Hank Daneman for his service on the Board.

Mr. Michael Smith asked about office for the Board library. David Gurulé said that the Area Office would make more space available on LAAO's first floor. He is working on Board members getting badges for access to the library after hours.

Mr. Daneman invited a reporter to the Environmental Restoration Committee meeting. The Board is trying to get the press involved. Mr. Daneman asked for guidance on inviting members of the press. Mr. Chandler said that was OK but to remember that the Chair is the only person who can speak for the Board. Board members need to be clear when speaking as individuals. Ms. Byrne encouraged the press to attend Board meetings and committee meetings.

Michael Smith prepared a written report for the Environmental Restoration Committee. The Committee scheduled the Risk Workshop for January 30 and invited board members and the public.

Mr. Smith said that the New Mexico Environment Department must approve the Permit modification for the possibly contaminated sites before they can be considered "No Further Action" (NFAs). In the past, NFAs were evaluated primarily on their impact on human health. NFAs are not off the books until they have evaluated the full human health risk. They can reopen NFAs if new information warrants a reexamination. In the future, ecological or ARAR and eco-risk projections will be added. Ecorisk requirements go beyond state and federal regulations because they examine all pathways for all available species. This approach is science, not regulatory, driven. Native American concerns will be added to ecorisk since the understanding of land and natural resources' uses differ.

The Committee will review the Class 3 NFS Permit modifications to RCRA. Public comment on these modifications is due December 4. The Committee will go through this list and comment.

John Young from the New Mexico Environment Department said that the Department believed that mostly benign sites in this batch of Class 3 NFS Permit modifications. For example, some sites are duplicates or someone could not find the sites. Criterion five means that a site has been cleaned up but these kinds are not in this batch of 107 sites.

The next Committee will be November 12 in Pojoaque.

Anthony Armijo reported on the Environmental Monitoring and Surveillance Committee October 20 meeting attended by James Waber, Jeanne Marie Crockett, Anthony Armijo, and members of the NMED DOE Oversight Bureau. Mr. Armijo distributed a written report. The Committee requested new members when DOE appoints the new Board members. The Committee is looking for non-Board members to serve. Current Committee members are Elmer Torres, Anthony Armijo, and Hank Daneman. Mr. Armijo is asking the Tribal Environment Departments staff to serve on this Committee.

The next meeting of the Committee will be on November 5. The Committee will invite Tom Baca to attend this meeting.

Mr. Daneman asked about the integration of Pueblo data into the database. Mr. Valdo said that he was compiling baseline information at Cochiti. It may be some time before this data is ready to go into the database. Mr. Torres said the Pueblos were different in how they deal with the data and this decision at the discretion of each Pueblo. The Committee should contact the Pueblos directly to see if they are willing to share their data. Mr. Daneman emphasized the importance of having the Pueblo data to know the trends. Mr. Valdo said that the goal was to release the data. The Pueblos need to collect and analyze the significance of the data. A suggestion was made that the Board asks each Pueblo individually about sharing their data. The Board should send a letter from Board and ask about what is the best way to involve the Pueblos in sharing the data.

The Board discussed the need for a common database and asked about the units of measurement. John Young said that NMED had requested a common database so this process is underway.

The Waste Management Committee did not submit a report.

Ray Armenta summarized the written Outreach Committee report in the absence of Carl Tsosie, the Chair. The Committee requested that the Committee Chairs give information to Mr. Armenta for the newsletter to increase the Board's visibility with the public.

Agenda 
The Board suggested items for the November 18 Board meeting agenda:

Low Level Waste Seminar presentation by Catherine Rivera-Lyons Committee reports Presentation on Vitrification Studies at TA-21

Report on Environmental Impact Statement on Land Transfer. The Board requested that Elizabeth Withers and Chuck Pergler be present Environmental Restoration study - either November or December National Transportation Program - the Board requested that Judith Holm present at either the November or December Board meeting The Board requested that Judith Bradbury present her report in December.

Board Comments
The Board members did not have any comments.

The Chair adjourned the Board at 9:00 p.m.

The minutes are an accurate and complete summary of the matters discussed and conclusions reached at the Northern New Mexico Citizens' Advisory Board meeting held on October 28, 1999.

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Los Alamos Citizens Advisory Board
P.O. Box 1665
Los Alamos, New Mexico 87544
(505) 662-1234  FAX (505) 662-4321
staff@lacab.org