On June 24, 2016 NMED and DOE entered into the 2016 Compliance Order on Consent (Consent Order). The Consent Order fulfills requirements for corrective action and compliance with the Resource Conservation and Recovery Act (RCRA) and the New Mexico Hazardous Waste Act (HWA). Corrective action is a requirement under RCRA for facilities that treat, store or dispose of hazardous waste to investigate and clean up releases of contamination.
December 30, 2024 – Independent Technical Review of the Chromium Interim Measures Remediation System
NMED and DOE participated in an independent technical review of the hexavalent chromium plume project that began in early 2024. This review was aimed to find resolution on an impasse caused by a difference in technical positions. The review team consisted of a wide variety of industry experts that included representation from the DOE, private industry, academia and the EPA. The final report includes recommendations on a series of questions mutually posed by NMED and DOE that address key issues in topics that include regulatory matters, interim remedy efficacy, groundwater model development, and monitoring well design.
Final Report – Independent Technical Review of the Chromium Interim Measures Remediation System
The review supported NMED’s stance that there is not adequate information currently available to move forward with a corrective measures evaluation and final remedy selection process. It concurred with HWB’s regulatory position by recommending modification and expansion of the interim measures pump-and-treat system. Recommendations also included utilizing the MODFLOW code for the groundwater model to facilitate more effective review by regulators and to allow for more transparent communication with the public.
October 24, 2024 – Environmental Management Cleanup Forum
DOE is hosting an Environmental Management Cleanup Forum on October 24, 2024 from 6:00-8:00pm to discuss the settlement with NMED and the revised 2016 Consent Order. Please see the agenda for further information.
Virtual Meeting Information
Microsoft Teams
Meeting ID: 284 616 926 592
Meeting Password: UgBMtX
Or
Dial in by phone
United States, Los Angeles
Phone Conference ID: 842 206 352#
If you have any questions, please contact N3Boutreach@em-la.doe.gov.
2024 Settlement Agreement and Modified Consent Order
On August 30, 2024 NMED and DOE signed this Settlement Agreement in full settlment of the litigation filed by NMED in 2021. NMED and DOE have participated in negotiations since 2021 seeking resolution of the concerns raised in the complaint, which have resulted in this modified Consent Order and Settlement Agreement.
Settlement Agreement and Consent Order
Fully Executed Consent Order – Modified September 2024
NMED will host a community forum for the public on September 26, 2024 to discuss primary modifications and the terms of the Settlement Agreement. The public notice for this meeting is available below.
September 26, 2024 Community Forum Presentation
2016 Consent Order
Consent Order – Modified February 2017
Appendix A- SWMU/AOC List – Updated January 2023
Appendix B – Milestones and Targets – Updated March 2024
Appendix C – Campaigns – Updated January 2023
Appendix D – Document Review/Comment and Revision Schedule
Appendix E – Document Templates
Appendix F – Sampling/ Analytical/Field Method Regulatory Guidance