Friday, November 2, 2012

DOE-LANS: Penny Wise and Pound Foolish?

As of 10/29/12,  the Chromium Settlement Agreement of 2007, between DOE-LANS and NMED, has been terminated and the Consent Order of 2005 has been modified. The following link to an NMED page
(http://www.nmenv.state.nm.us/HWB/lanlperm.html#Modification10292012) contains the related information:

"Approval of Consent Order Modification"

"Compliance Order on Consent March 1, 2005 (Revised 10/29/2012)"  [287 pages]

"Termination of Chromium Settlement (10/30/2012)"
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The Settlement Agreement and Stipulated Final Order was accepted by the Parties in June, 2007.

Among other things, the Settlement Agreement stipulated that the RACER database would be subject to third party management by the New Mexico Community Foundation, for the duration of the Agreement. In particular, in Section IV of the Agreement, entitled RACER, the following language appeared:

"The project managers (Colorado State University and the Risk Assessment Corporation) will involve the public, including all interested stakeholders, in the project through public meetings and opportunities for public comment."

"The project will accumulate, consolidate, and organize all environmental data from the Laboratory and enter the data into a computer database. The database will allow the spatial display of the data, the comparison of the data to standards and reference values, and the plotting of trends in the data. the database will be functioning and accessible to the Department (NMED) and to the public by December 31, 2007."

"The database will be turned over to an independent manager, the New Mexico Commubity Foundation, by September 30, 2008."
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However, the revised Compliance Order on Consent does not refer to third party management of the database; i.e., as described in the new Section III.Z, which appears below. Apparently, the new database  will be managed entirely by LANS, for the duration of the revised Consent Order.

"The Respondents shall maintain a publicly accessible database containing all data from environmental media (i.e., soil, sediment, surface water, groundwater, air, and biota) collected by the Respondents as part of environmental investigation and monitoring. The database shall include the capacity for the spatial display of data, the comparison of data to standards and reference values, and the plotting of trends in the data. Additionally, to the extent that data are collected pursuant to the requirements of the Consent Order, the database shall include the analytical quality assurance/quality control and data validation information. As new data becomes available, the Respondents shall enter such data into the public database through updates on no less than a monthly basis. The Respondents shall correct any inaccuracy in the data within 60 days of discovery of such inaccuracy."
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Therefore, for the general public, the reliability of included environmental data will remain an open question. This is in spite of the fact that the purpose of a publicly accessible environmental database, must be to help to allay the fears and suspicions of the general public with regard to LANL operations. But, since there is no provision for independent oversight of the new database in the revised Consent Order, the public will probably continue to be skeptical of LANS' management of the data.

Is DOE-LANS' failure to provide for independent oversight of its publicly accessible environmental database simply a matter of money?  Or does DOE-LANS continue to think of independent oversight as an avoidable inconvenience?



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