Los Alamos County and lab’s stormwater pollution high enough to require a federal permit - Danielle Prokop, Source New Mexico
Federal regulators determined this week that Los Alamos National Laboratory and the county’s municipal system will require stricter regulation due to high levels of pollution running off during storms tainted waters downstream, including the Rio Grande.
The U.S. Environmental Protection Agency’s decision means the county, state and nuclear lab facilities will need a permit that puts limits on the pollution and requires monitoring and reporting.
While environmental advocates praised the EPA’s action, they called the permit an initial step which doesn’t fully address years of contamination of chemicals scientists say cause cancer and other pollution.
The fight to address the pollution has stretched into a decade, and has stakes for surrounding communities, as the Rio Grande below Los Alamos provides nearly half of Santa Fe’s drinking water.
“We are pleased that EPA has responded to our petition and determined that toxic storm water discharges to tributaries to the Rio Grande on the Pajarito Plateau must be more strictly regulated,” Rachel Conn, deputy director for water conservation nonprofit Amigos Bravos, said in a statement.
But while the Rio Grande still has federal protections, the smaller streams receiving pollution are not, Conn said.
“The EPA’s decision is not protecting many of the streams on the Pajarito Plateau, they’re treating them as pipes,” Conn said.
The arroyos where stormwater is flowing into recorded higher levels of pollution, but they have less options for protection by the federal government. The U.S. Supreme Court Sackett v. EPA ruling in 2023 gutted federal protections for an estimated 93% of New Mexico’s rivers and wetlands, when the opinion narrowed the definition of protected waters to exclude many intermittent rivers.
HOW WAS THE DECISION MADE?
Amigos Bravos first filed a petition for the EPA to review stormwater pollution in surrounding water in 2014.
After 10 years of legal back-and-forth, the federal agency determined that pollution captured by county municipal stormwater systems, a Los Alamos storm drain and a New Mexico Department of Transportation drain will now require a federal permit. The stormwater pollution was degrading water quality in the Rio Grande, which has federal protections.
Under the newly required permit, dischargers will have “requirements to reduce pollutants in stormwater discharges to the maximum extent practicable,” the decision stated.
The pollution documented by the EPA included high levels of toxic industrial chemicals, alpha radiation and high levels of aluminum, silver, cyanide, mercury and copper documented in surrounding canyon streams and measured in rivers downstream.
The EPA documented contamination from the toxic, probably cancer-causing chemical Polychlorinated biphenyl – nicknamed PCBs – at levels of more than 150 times the limit to protect human health. Those high levels were found in 98% of the urban stormwater samples flowing off of the Pajarito Plateau to canyon waters.
Past pollution doesn’t incur fines or administrative penalties, Conn said, only future violations of the permit.
A spokesperson for Los Alamos National Laboratory did not issue a statement by deadline.
Los Alamos County spokesperson Julie Willliams-Hill said the county is reviewing the decision and would not be prepared to comment Wednesday.
LOOKING FORWARD
Amigos Bravos said further work will be needed on two fronts. First, the nonprofit will watch the federal permitting process. Second, Amigos Bravos will join the New Mexico Environment Department’s push for New Mexico control over the state’s surface water quality to better protect the smaller streams.
The Sackett ruling spurred the state to create a program that would govern pollution levels in surface water, which is still years out from being operational.
The New Mexico Environment Department concurred with EPA’s determination, said Drew Goretzka, a spokesperson for the agency, and will focus on state law changes to keep moving forward on a state permitting program.
“NMED is looking forward to passing our Water Quality Act amendments in the upcoming session to support a state-led permitting program for surface waters, giving New Mexicans control of New Mexican waters,” Goretzka said.
NM Cabinet Secretary Doucette stepping down at the end of the year — Daniel Montaño, KUNM News
The Governor’s Office Friday announced Robert Doucette, Cabinet Secretary for the General Services Department, will step down from his position at the close of the year.
Deputy Secretary Anna Silva will take over as acting Secretary in his stead, and will work with Doucette to ease the transition, according to the announcement.
Doucette has been heading the agency, which is responsible for supporting other state agencies with logistics like facilities management and operations, and construction, since February of 2023. Before that he worked in worker’s compensation.
Governor Michelle Lujan Grisham thanked Doucette for his service over the years, and particularly for his, QUOTE, “leadership and expertise.”
Silva herself has experience in management operations, strategic planning and legislative initiatives, and has been responsible for the department's $400 million budget.
According to the announcement, she has already “fostered collaboration across state agencies,” and is prepared to take the reins.
NMBLC denounces racist texts — Daniel Montaño, KUNM News
The New Mexico Black Leadership Council released an open letter today/Friday [FRI] denouncing a series of racist text messages being sent to Black Americans around the country, including here in New Mexico.
The council was joined by 31 other organizations and private citizens in signing the letter, and in their, quote, “commitment to stand for love and community against hate and racism.”
Beginning on Wednesday, Black Americans began receiving text messages from numbers spoofed to look local, informing recipients they were “selected to pick cotton at the nearest plantation."
The council called the texts an attempt to undermine national unity that was doomed to fail, and that Americans ultimately “expect and demand fairness, justice and respect.”
The text messages were sent to Black people of all ages, including middle and high-schoolers, and sometimes would name the recipient.
Federal officials are working to determine the origin of the messages, and encourage people to report threatening texts to police and the FBI.
Bipartisan river salinity bill heading to president for signature — Alex Hager, KUNC
A new bipartisan bill to control the saltiness of the Colorado River is heading to President Biden’s desk.
It was pushed by lawmakers from all seven basin states, except New Mexico, and lawmakers from all across the West.
Salty river water can harm fish, crops, and drinking supplies. Current estimates show more than three-hundred-and-fifty million dollars in damages caused by high salinity in the Colorado River every year.
This new legislation would increase funding for a decades-old program designed to rein that in.
It’s supported by all seven states that use water from the Colorado River. It’ll up the amount of money the FEDERAL government chips in to bring down saltiness.
Lawmakers said expanding the program will benefit the roughly MILLION people who depend on the Colorado River, and the crops grown with its water that end up on grocery shelves nationwide.
Biden pardons 39 Americans with ties across the country convicted for nonviolent crimes - Associated Press, KUNM News
President Joe Biden is commuting the sentences of roughly 1,500 people who were released from prison and placed on home confinement during the coronavirus pandemic and pardoning 39 Americans convicted of nonviolent crimes – including a man from Las Vegas, New Mexico.
According to the White House, Biden pardoned Paul John Garcia – a 72-year-old man who pleaded guilty to non-violent theft crimes.
A veteran who once served in the U.S. Navy, Garcia now works in the medical field and regularly serves his community by mentoring youth and supporting charities. During his time in the armed forces, Garcia received the National Defense Service Medal.
The White House says Thursday was the largest single-day act of clemency in modern history. The clemency follows a broad pardon for his son Hunter, who was prosecuted for gun and tax crimes. Biden is under pressure from advocacy groups to pardon broad swaths of people before the Trump administration takes over in January.
He's also weighing whether to issue preemptive pardons to those who investigated Donald Trump's effort to overturn the 2020 election and are facing possible retribution when he takes office.
New Mexico governor releases $10.9 billion budget proposal, a 7% increase over last year - By Patrick Lohmann, Source New Mexico
Gov. Michelle Lujan Grisham will push the Legislature to boost spending on housing, behavioral health, water protection and child welfare in the upcoming session, according to a proposed $10.9 billion budget her office released Thursday afternoon.
The budget would be the biggest in state history and a 7% increase over the $10.2 billion budget lawmakers enacted earlier this year, which was also a record. Lawmakers in each chamber will consider her recommendation, plus one from the Legislative Finance Committee, as they put forth a spending plan across the 60-day legislative session beginning in January.
The governor’s budget proposes at least modest increases for most state agencies. The biggest suggested increase, of 20.5%, is for the Office of the State Engineer, which would receive $41.5 million this fiscal year. The office is in charge of administering the state’s water resources, which includes fighting to preserve the state’s water supply in litigation with other states.
The state Environment Department would get no increase, according to the governor’s proposal. The 26-page proposal does not explain why.
The governor touted her proposal as a way to expand needed services for children, along with those suffering with homelessness, drug addiction or mental illness, while also maintaining 30% in reserves. It also seeks to spur a transition to cleaner energy and increase infrastructure investments.
Three other departments would see roughly 10% increases in the governor’s proposal: The Children, Youth and Families Department, which would get $286.4 million; the Health Care Authority, which would get $2.2 billion; and the Energy, Minerals and Natural Resources Division, which would get $44.7 million.
The proposal comes amid several years of huge increases in collections from oil and gas extraction in the Permian Basin, one that economists say is coming to an end. The governor said her proposal strikes the right balance to prevent overspending while meeting the state’s needs.
“Over the past few years, we have maximized the historic fiscal windfall by investing every dollar into programs, services, and solutions that benefit all New Mexicans,” she said in an introductory letter on the budget. “At the same time, we’ve made prudent investments to ensure immediate and long-term benefits for future generations.”
Among many other issues in the session, lawmakers are expected to seek a grand bargain on crime reform, an area where the legislative and executive branches butted heads earlier this year. Lujan Grisham is a Democrat, and both chambers have large Democratic majorities.
On the crime front, the governor is proposing $20 million for opioid treatment in statewide prisons, plus several million dollars apiece for law enforcement vehicles, security upgrades at courthouses, and a commission tackling organized crime.
Regarding housing, the governor’s newly created Office of Housing is seeking $2 million again to fund its operations, along with $100 million to address homelessness and provide down-payment assistance to first-time homebuyers.
Her budget proposal does not say whether she’s seeking that funding for her office or for independent authorities. Control of housing funds was also controversial in the session earlier this year, even as the Legislature made its biggest one-time investment in housing in history.
Feds temporarily withdraw new mining claims and leases in New Mexico’s Upper Pecos - By Danielle Prokop, Source New Mexico
U.S. Secretary of the Interior Deb Halaand paused new mining claims or leases for two years on 165,000 acres of public lands in northern New Mexico’s Upper Pecos watershed Thursday, starting a process that could shield the area from mineral extraction for decades longer.
The pause allows time for the Bureau of Land Management and the U.S. Forest Service to jointly seek a 20-year ban on new mining claims in the area, which encompasses federal land in San Miguel and Santa Fe counties.
Halting new mining claims and leases would secure the region’s water and air quality, cultural resources for the Pueblos of Jemez and Tesuque, maintain critical habitats and water for agriculture and communities, a press release from the Interior Department said.
The administrative action is the latest in a flurry of activity of approving solar and wind projects and land transfers to tribal governments in the waning days of President Joe Biden’s presidency.
New Mexico’s all-Democrat congressional delegation has introduced legislation for years seeking to permanently stop new mining in the region, which only Congress has the power to do. The most recent was S. 3033 brought by Democratic Sens. Martin Heinrich and Ben Ray Luján. The bill passed a crucial committee vote, but it’s future is uncertain.
Heinrich called the temporary protection a “major victory” for groups concerned about the area.
“The Upper Pecos Watershed has an unfortunate history of poorly managed mining and development projects that have put New Mexicans and our ways of life and cultures at risk,” Heinrich said in a written statement.
An important caveat is that already-existing mining rights are not impacted by the pause, meaning mining may continue in the area. The Interior Department’s pause does add another step for mining companies with rights to get approval – called a validity exam.
An Australian mining company, New World Resources, has proposed exploratory drilling in the Sangre de Cristo Mountains.
Their proposal includes the old Terrero mining operation and nearby deposits, which had a devastating spill in 1991, five decades after it closed and that New Mexico agencies are still cleaning up.
The Terrero project has not received any permits, yet, as federal decisions on their mining operations were delayed by the Hermit’s Peak-Calf Canyon fires. For any drilling to start, the plan still requires approval from federal and state agencies. The Stop Terrero Mine Coalition – which includes agriculture, local and tribal governments, conservation and hunting groups – said in 2023 they are concerned the project has more than 230 mining claims in the greater Pecos headwaters.