Adrian Hedden
Carlsbad Current-Argus
achedden@currentargus.com

Federal nuclear waste managers denied elevators that bring radioactive refuse underground for disposal at a repository near Carlsbad were in disrepair or endangering workers, despite a series of concerns expressed by state officials and federal oversight agencies.

The Waste Isolation Pilot Plant, about 30 miles east of Carlsbad, is where transuranic (TRU) nuclear waste from federal labs and facilities around the country is disposed of via burial in a salt deposit about 2,000 feet underground.

The waste, made up of clothing materials, equipment and other debris irradiated during nuclear activities is disposed of when the salt gradually collapses, burying the refuse and blocking radiation from escaping.

Moving workers in and out of the underground requires the use of three hoists. The main elevator can move people and waste into the underground, while a lift carrying salt to the surface can also be used for workers. A third hoist doubles as an air intake shaft. A fourth shaft serves only for exhaust and has no lifting ability.

The New Mexico Environment Department in July issued a compliance order, citing several provisions of WIPP’s 10-year state operations permit that the agency said the U.S. Department of Energy and its contractor Salado Isolation Mining Contractors (SIMCO) were violating in regard to the condition of the elevators and other underground infrastructure.

That was followed by a response from the energy department and SIMCO on Aug. 25, with the permittees denying all the state’s allegations and arguing that a recent increase of waste shipments – to 17 per week – accepted at WIPP was evidence that there was little interruption in operations due to worker safety, infrastructure issues or any other reason.

The Department of Energy and SIMCO’s “highly effective infrastructure management approach and system health monitoring protocols have allowed WIPP to increase operational capabilities over the last two years notwithstanding aging infrastructure,” read the denial. “WIPP has not experienced a situation where personnel safety has been compromised by aging infrastructure.”

Environment Department Cabinet Secretary James Kenney said during a Sept. 10 interview that the denial and what he said were continuing infrastructure issues at WIPP were putting workers in jeopardy.

“What I am surprised about is that SIMCO as a co-permittee would challenge the functional health and wellness of systems that could put their employees at risk,” Kenney said. “It really speaks to how they value their own employees in New Mexico. If I worked there, I would question my employer.”

Contained in the federal government’s denial of the state’s compliance order was a request for a hearing, which was yet to be scheduled. Kenney said the denial and request were within the agency’s rights as state permit holder.

Deputy Cabinet Secretary John Rhoderick will preside over the hearing and be the “decision maker” on the final order, Kenney said.

Kenney said the findings that led to the order, which outlined five separate permit violations, were indicative of widespread safety problems at WIPP.

“It does not surprise me that the DOE and SIMCO are taking a position that is adversarial to the operations that are needed for safe operation of WIPP,” Kenney said. “Safety doesn’t seem to be the priority.”

As outlined in the state order, violations were found in the alleged failures to maintain infrastructure, including the hoists and underground electrical substations, along with evacuation equipment and data on the condition of WIPP’s infrastructure.

The environment department also contended the federal government did not properly document equipment inspections or adequately prove the hoists could withstand dangerous events such as earthquakes.

Similar concerns were described in a June 25 report from the U.S. Government Accountability Office (GAO) and another on June 18 by the Defense Nuclear Facilities Safety Board (DNFSB) – both agencies within the federal government, and both cited by the state of New Mexico in its order.

The federal government’s denial letter argued that the reports issued by the GAO and DNFSB were not enforceable by the state, and not adequate evidence the permit was violated.

“We have frequently written to the GAO and the DNFSB and have said we don’t think WIPP is properly resourced,” Kenney said. “I’m glad that both those organizations have leaned in and taken a look at WIPP.”

The order will stay in effect until the environment department and the federal government reach a settlement agreement, which could include fines, or until the energy department is able to certify it has taken correction actions.

But the entire dispute could be unnecessary, said Jack Volpato who chairs the Carlsbad Mayor’s Nuclear Task Force. The task force advocates for WIPP’s continued operations and for other nuclear developments in the area.

“I think it’s overreach,” Volpato said of the state’s compliance order. “Right now, the mine is safe and there is no danger to anyone going down there.”

He pointed to several ongoing projects such as upgrades to the salt shaft and a newly installed ventilation system and fire water loop in operation at WIPP, which Volpato said would ensure safe operations for years to come.

“They’ve sunk millions of dollars into these projects. Maintenance and renovation are going on constantly,” Volpato said. “There’s a whole list of projects.”

A challenge for maintaining WIPP’s infrastructure could arise when the federal budget, which funds agencies such as the Department of Energy and its facilities such as WIPP, is released for the next fiscal year.

Federal fiscal years run from Oct. 1 to Sept. 30 of each year, and Volpato said there was some concern that efforts by the administration of President Donald Trump to shrink government spending could mean less funding for WIPP.

“We have come to the realization that this is an ongoing project and will need to be funded accordingly,” he said. “The DOE recognizes that, but the federal administration has really hampered our efforts. It’s all about funding.”

Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.

Adrian Hedden
Carlsbad Current-Argus
achedden@currentargus.com

A grouse species native to the deserts of southeast New Mexico could see its federal protections restored if an appeal filed in federal court by an environmental group is successful in overturning a ruling issued earlier this year by a Texas judge.

After backlash from the oil and gas and agriculture industries – and allegations the listing and recovery efforts could negatively impact local economies and the industries that drive them – a judge for the U.S. District Court for the Western District of Texas issued a ruling last month to vacate the lesser prairie chicken’s endangered species listing.

That ruling was issued in response to a motion to overturn its own listing filed by the U.S. Department of the Interior, the parent agency of the U.S. Fish and Wildlife Service, which oversees endangered species actions.

But on Monday, Sept. 8, that ruling was appealed to the U.S. Fifth Circuit Court of Appeals by a national environmental nonprofit, the Center for Biological Diversity, along with the Texas Campaign for the Environment.

The groups argued on appeal that the prairie chicken’s dwindling numbers warranted a listing. The species’ population is down about 90% since the 1880s when potentially millions of the chickens dwelled in the plains of the American West, according to the National Bird Conservancy.

The groups also contended, according to the appeal, that the court did not have the right to strip the animal’s federal protections without a public-facing process involving rulemaking by the U.S. Fish and Wildlife Service to delist the species and opportunities for public comment.

Jason Rylander with the Center for Biological Diversity said the reversal by the Department of the Interior was part of a broader agenda of President Donald Trump, who took office in January – about three years after the chicken was listed – to cut regulations perceived to impact the oil and gas industry.

“Courts can’t snatch away this bird’s chance at survival just because the Trump administration wants its protection gone,” Rylander said. “Lesser prairie chickens deserve a fair day in court when their existence is on the line. Instead, the court blindly accepted the Trump administration’s bogus claim of error without even considering the opposition.”

The lesser prairie chicken was listed as endangered in November 2022 in its southern distinct population segment (DPS), which the U.S. Fish and Wildlife Service used to describe the bird’s southern range in southeast New Mexico and West Texas.

Its northern segment, covering portions of Colorado, Kansas, Oklahoma and the northern Texas Panhandle, was listed as threatened.

Endangered status means the agency believes a species’ extinction is imminent. The listing requires a federal recovery plan be put in place while often setting aside lands for habitat critical to recovery.

Threatened status indicates an endangered listing may soon be warranted.

In vacating the listing, the Interior Department said the bird’s dual statuses were established in error, as the agency – under the administration of Trump’s predecessor, former-President Joe Biden – failed to properly establish the distinction between the two population segments.

“The Service concedes that it improperly applied its DPS policy in a manner that tainted the substance of the final listing rule,” read the motion. “Given the seriousness of the error identified, the Service will be unable to correct the rule’s defects on remand short of engaging in an entirely new analysis.”

That argument was backed up by the U.S. District Court ruling signed by Judge David Counts. Counts’ verdict also denied motions by the environmental groups to legally intervene in the matter.

His ruling to exclude the appellants was also being appealed.

“The lesser prairie chicken listing was carefully considered and checked all the legal and scientific boxes,” Rylander said. “This is a pure Trump power play to put oil and gas industry profits ahead of these birds’ survival.”

Managing Editor Adrian Hedden can be reached at 575-628-5516, or @AdrianHedden on the social media platform X.

Staff reports

For aspiring and established entrepreneurs in Eddy County, the Small Business Development Center (SBDC) at Carlsbad remains a trusted partner for business success. Located at Southeast New Mexico College (SENMC), the Center provides low-to-no-cost services designed to help local business owners start, grow, and manage their ventures effectively.

The Center, part of the New Mexico Small Business Development Center (NMSBDC) Network, offers training and other services for those looking to start or maintain their own local business.

Here’s a look at what the center offers.

Business counseling – Entrepreneurs receive personalized guidance from advisors who provide insights, strategies, and solutions tailored to each client’s unique goals and challenges.

Business and marketing plan development – Advisers assist with creating comprehensive business and marketing plans, equipping clients with a clear roadmap for success and growth.

Market, industry, and community research – Clients gain access to research tools and reports to better understand customer demographics, competitive trends and local business opportunities.

Training in management, recordkeeping and operations – Virtual workshops and training to help entrepreneurs strengthen their operational systems, improve financial organization, and increase efficiency.

Financing and capital access guidance – SBDC advisers help clients evaluate funding options and connect with both traditional and alternative lenders to support business stability and expansion.

As part of the NMSBDC Network, the Carlsbad SBDC also connects clients with specialized statewide programs that provide additional expertise and opportunities:

• APEX Accelerator Program – Assists small businesses in pursuing government contracts through training and technical guidance.

• International Business Accelerator (IBA) – Supports entrepreneurs interested in expanding into global markets and exporting products or services.

• Technology Commercialization & Intellectual Property Support (TCA Program) – Helps innovators protect and market their intellectual property while developing new products and technologies.

Empowering local entrepreneurs

The New Mexico Small Business Development Center Network is a fully accredited member of America’s SBDC, a national organization dedicated to supporting small businesses.

Funding for these low-to-no-cost services is made possible through the support of the New Mexico State Legislature and the U.S. Small Business Administration (SBA).

“Small businesses are the heartbeat of Eddy County, and every idea has the potential to make an impact,” said Della Bedingfield, SBDC at Carlsbad director. “At the Carlsbad SBDC, we are committed to walking alongside entrepreneurs as they navigate the challenges and opportunities of business ownership.”

For more information about the SBDC at Carlsbad, upcoming workshops, or to schedule a low-to-no-cost business counseling session, visit https://www.nmsbdc.org/locations/carlsbad/ or call 575-885-9531.