By SUSAN MONTOYA BRYAN Associated Press Writer Posted: 02/27/2010 11:01:12 AM MST

SANTA FE, N.M.—Gov. Bill Richardson's 30-day legislative session didn't go exactly as planned. With the end of his second four-year term looming, this was his last chance to push through the New Mexico Legislature an environmental agenda aimed at cracking down on polluters and the emissions blamed for global warming.

Lawmakers didn't play along.

"It's disappointing," said Sarah Cottrell, the governor's energy adviser.

Richardson wanted to give state regulators the power to deny new permits or revoke existing permits after a track record of air quality violations. State laws that govern water, solid waste and hazardous materials already include a so-called bad actor clause, but the air quality act does not.

The Democrat governor also took aim at greenhouse gas emissions with legislation that would have established the groundwork for a future cap-and-trade program.

The measure would have allowed the Environmental Improvement Board, an unelected body appointed by the governor, to establish rules for early reduction credits, offsets and the reporting of greenhouse gas emissions for electricity imported to New Mexico.

The bad actor bill failed by a single vote, and the emissions measure languished in committee after drawing fierce opposition from an army of lobbyists, utilities, small business owners, agricultural interests and some residents.

The Senate also rejected one of Richardson's nominees to the Environmental Improvement Board.

However, the governor has said his administration will not abandon plans for adopting environmentally friendly policies.

"For those who think I am going to retreat from protecting the environment, clean air ... they are mistaken," Richardson said at a Feb. 16 news conference.

It's up for debate whether the measures failed because lawmakers were overwhelmed with the state's budget crisis or because they were concerned about giving more power to the executive branch.

Rep. Brian Egolf, a Santa Fe Democrat who sits on the House Energy and Natural Resources Committee, chalked it up to politics.

"I think the Republicans are focusing on a boogeyman of convenience, and that's the Environmental Improvement Board. They are using that as an excuse to derail some stuff that's pretty commonsense and pretty important for regular folks," Egolf said.

Republicans and other opponents argued that implementing the measures would worsen the regulatory environment in the state, putting New Mexico at a disadvantage among neighbors and making it difficult for businesses to operate.

Opponents also argued the emissions problem transcends state boundaries and should be addressed by the federal government to avoid a patchwork of state policies.

Patricia Morlen, an Albuquerque Tea Party board member, sat through hearings on the pollution bills. She said Richardson tried to build his legacy "by pushing these bills down the throats of the people of New Mexico."

"People understand what these bills mean," Morlen said. "They have educated themselves and they understand cap-and-trade. It's going to mean higher energy costs for everybody. It's going to cost us jobs."

The bills' failure doesn't mean there isn't support for cleaning up New Mexico's air, said Jim Norton, head of the state Environment Department's Environmental Protection Division. He said the odds are stacked against any piece of legislation before the session begins.

"Only about one out of 10 bills actually passes and gets signed by the governor, so it really is quite a gauntlet for any bill to make its way through. It often takes a number of years," Norton said.

The bad actor bill was on its third try. This year, it made it farther than ever before—to the House floor.

"It failed by only one vote, so we're thinking that's progress and hopefully in the future it will pass," Norton said.

As for greenhouse gas emissions, state Environment Department officials believe the Environmental Improvement Board already has authority to regulate such emissions. Norton said approval of the legislation would have helped enforce that.

The board is considering a plan to cap greenhouse gas emissions in New Mexico. Opponents have filed a lawsuit challenging its authority to do so.

Supporters of Richardson's measures said New Mexico can't afford to ignore the emissions debate and suggested it would be better for the state to help formulate regional and national policies by establishing its own policies now.

"In New Mexico, the less greenhouse gas pollution we put out, the better off the planet is going to be. Everybody has to do their part," Norton said.

Environment Department secretary says two-agency system slows project

By Staci Matlock | The New Mexican

2/25/2010

Cleanup of legacy waste at Los Alamos National Laboratory would go faster if only one branch of the federal Department of Energy managed it, New Mexico Environment Department Secretary Ron Curry says.

He said the problem is the Department of Energy's Office of Environmental Management and the National Nuclear Security Administration both make decisions about cleanup work at the nuclear weapons lab. That's one agency too many, Curry said.

In a Feb. 22 edition of Weapons Complex Monitor, Curry said he's concerned the two-agency approach has slowed cleanup efforts and DOE won't meet a 2015 deadline agreed to under a federal consent order for cleaning up the radioactive waste. The waste is from ongoing nuclear research dating to World War II.

"They made a commitment," Curry said. "They can make some changes right now in 2010 that will help them hopefully make the deadline. If we wait for two more years to say 'hey, we have some management problems,' it will be way too far behind the eight ball."

DOE must meet deadlines under the consent order or face "stipulated" penalties. The state Environment Department already has levied $2.6 million in penalties against DOE. Curry said debates between NNSA and the Environmental Management office over whether to pay the fines and from which agency's budget is an example of why it would be better to have one entity overseeing the efforts. "The losers in the whole situation is, number one, the state and, number two, the lab, because DOE is not performing as agreed to in the consent order," Curry said. "NNSA has a very distinct mission. I think cleanup is outside that mission."

While DOE's Office of Environmental Management funds the cleanup work, the office and NNSA jointly manage it, according to a statement issued by Toni Chiri, spokeswoman for NNSA's Los Alamos Site Office.

"NNSA and DOE integrate across functional areas to meet our commitments," Chiri said in a prepared statement. "The Los Alamos National Laboratory is a multi-program laboratory that brings in numerous and diverse customers. NNSA signed the consent order and is, like DOE's Office of Environmental Management, committed to perform the activities necessary to achieve the milestones established by that order."

Curry believes DOE should excuse NNSA from any decision-making on the cleanup. "NNSA was born in 1999 as part of DOE. Their mission is to be concerned about the nuclear stockpile of the country," Curry said.

Curry said he's drafting a formal request to Assistant Energy Secretary for Environmental Management Inés Triay to have only one agency named in charge of the cleanup.

New Mexico was among the states with the highest grades on the 2009 National Environmental Scorecard from the League of Conservation Voters. Four of the five members of the delegation received 100 percent scores; Teague was the lone holdout, with an 86 percent score from LCV.

The Senate scores were the result of 11 votes examined by the LCV while the House scores came from 14 votes that were held in 2009.
“Much of the success of the first session of the 111th Congress, including passage of comprehensive clean energy and climate legislation in the House of Representatives, is due to the results of the 2008 election,” the LCV said in a press release announcing the scorecard. “Aside from electing a strong environmental champion in President Barack Obama, pro-environment majorities in both chambers of Congress were strengthened.”

One House vote, on the American Clean Energy and Security (ACES) Act, was counted as double “because of the historic nature” of the legislation according to the LCV scorecard. Reps. Martin Heinrich, Ben Ray Lujan and Harry Teague voted for this legislation. All three are Democrats.

Also included was the American Recovery and Reinvestment Act (ARRA) — better known as the stimulus package. All of the members of the New Mexico delegation in both chambers voted for ARRA in February 2009.

A bill that was scored in both the House and Senate with particular New Mexico relevance was the Omnibus Public Land Management Act of 2009. The bill included New Mexico provisions, including the Sabinoso Wilderness Act, which was originally written by then-Representative Tom Udall. Udall is now a Senator.

Earlier this year, LCV gave President Barack Obama a B+ in its LCV Presidential Report Card.

By Rene Romo
Journal Southern Bureau 
 LAS CRUCES — The wild population of endangered Mexican gray wolves continued what federal officials called a disappointing downward trend last year, with wolf numbers tumbling nearly 20 percent in 2009 to a total of 42.

The lobo count is the lowest since 2002 in the recovery area that stretches across 4 million acres of forest in southeast Arizona and southwestern New Mexico.

It was the third year in a row that the wolf population either showed no growth or shrank, and the net loss occurred in New Mexico.

"I'm extremely disappointed and troubled about this year's low numbers," said Benjamin Tuggle, the Fish and Wildlife Service's regional director. He said he was "determined to identify the reasons for this decline and turn the situation around so that we see more Mexican wolves in the wild during 2010."

The number of wolves in the New Mexico wild fell from 29 in 2008 to 15 last year, while the count in Arizona grew from 23 to 27 over the same time.

When the reintroduction program was launched in 1998, federal officials estimated the wolf population would reach 100 with 18 breeding pairs by the end of 2006. But that year, the wild wolf count hit 59, then slumped to 52 in 2007 and 2008. Only two breeding pairs, wolves whose pups survive to the end of the year, were counted last year.

Tuggle said that a number of wolves disappeared, including two with radio collars that allow Fish and Wildlife to track them. In addition, four adults and four pups were found dead last year, including two that were shot by unknown persons. The causes of the other six wolf deaths have not yet been determined.

"Mexican wolves are in big trouble," said Tucson-based Eva Sargent, Southwest program director for Defenders of Wildlife. "With numbers so perilously low, every single wolf in the wild counts toward the animals' survival."

Litters of pups, which federal officials hoped would replenish and expand the wolf population, were also hard hit, as only seven of 31 pups born last spring survived through December.

Tuggle said he was looking at taking more aggressive steps to bolster the population, including new releases of captive wolves, and said the low count "strengthens my determination to recover these wolves to their natural habitat."

Michael Robinson of the Center for Biological Diversity said federal officials should consider releasing three new wolves into the wild for every one killed by poaching.

Robinson also blamed the wolves' lack of genetic diversity, aggravated by years of federal wolf removals for cattle depredations, for contributing to smaller pup litters and lower pup survival.

ALBUQUERQUE — New Mexico Sen. Jeff Bingaman says the state's Environment Department has been awarded $1.75 million by the U.S. Environmental Protection Agency for a clean water project.
The grant awarded Thursday will support the NMED's Clean Water Action Plan, which seeks to meet the goals of the Clean Water Act.

Funding can be used for education and outreach, water quality monitoring, best management practices for surface and ground water activities, among other things.

Bingaman, a Democrat, says the funding will help the Environment Department continue to restore and protect New Mexico's water resources.

By Susan Montoya Bryan, Associated Press

1/22/10

SANTA FE, N.M.—A company that manufacturers sustainable building products for the construction industry is moving to the Gallup area, which state officials claimed as proof they're making good on their word to bring more jobs to New Mexico's rural areas.
Gov. Bill Richardson gathered economic development officials at the state Capitol on Thursday to announce that C/D2 Enterprises is setting up shop north of Gallup. The company plans to start manufacturing this spring and will hire about 40 workers over the next three years.

"These are exactly the kinds of jobs that we're working to attract to New Mexico, especially in the more rural parts of the state," the governor said. "Our doors are open. New Mexico is open for business."

Richardson used the opportunity to send a message to legislators meeting for a 30-day session to continue supporting tax credits and other incentives that attract companies and jobs.

"These are working, they're bringing jobs," Richardson said of the incentives. "Let's not mess with these."

Despite the economic downturn and the state's budget woes, the governor said the state has announced 200 jobs for rural New Mexico in recent weeks and plans to announce an additional 100 soon for southeastern New Mexico. He declined to offer additional details.

Richardson's administration contends the incentives are responsible in part for creating jobs and keeping the state's unemployment rate below the national level.

New Mexico's unemployment rate was 7.8 percent in November, unchanged from the previous month but up from 4.6 percent a year ago. The national rate is around 10 percent.

Statistics from New Mexico's labor department show, however, that job growth in New Mexico has declined by 3 percent over the past year, representing a loss of more than 25,000 jobs.

New Mexico is not alone. All states have reported declines in job growth over the past year, the department said.

State lawmakers are being cautious as they consider how to deal with a $600 million budget shortfall while being pressured by the administration and industry groups to continue providing tax credits and other incentives. Sen. Eric Griego, D-Albuquerque, said the state must ensure it is getting a return on its investment.

"The problem isn't whether or not these incentives work. The problem is ... there is no way of quantifying how much the incentives are costing per job created and retained," he said.

Griego said the incentives are beneficial when companies pay a living wage, offer benefits and have a long-term commitment to staying in the community. When companies pay low wages and have no commitment, Griego said: "Frankly, they're just using the taxpayer."

The owners of C/D2 Enterprises said their jobs will pay as much as $23 per hour and they are committed to the Gallup community. The location near Interstate 40 allows quick transport of their products to military bases and other customers in the Southwest.

State officials said the company is benefiting from more than $367,000 in job training funds, capital outlay money and high-wage tax credits.

1/21/10

Managers of a southeastern New Mexico nuclear waste disposal site are struggling to deal with rising levels of hazardous vapors seeping out of waste drums.

The vapors are not radioactive, and no radioactive material has escaped, according to federal reports on the problem. A senior official at the Waste Isolation Pilot Plant said the vapors, of the chemical carbon tetrachloride, have not reached levels that would pose a threat to worker or public health and safety.

But the vapors could violate state regulatory standards if they continue at high levels, forcing WIPP's operators to prematurely close down one of the site's waste disposal areas to comply with New Mexico Environment Department rules.

"It's an issue from a compliance standpoint, but it's not an issue from a health or safety standpoint," said Roger Nelson, WIPP's chief scientist, in a telephone interview Wednesday.

WIPP watchdog Don Hancock, of the Southwest Research and Information Center in Albuquerque, agreed that there is not current health or safety threat. But if the levels continue to rise as they have over the last six months, it could pose a problem as WIPP's managers are forced to modify operations to keep levels from reaching dangerous levels, Hancock said.

The carbon tetrachloride, a solvent, was used in processing of plutonium at the Rocky Flats plutonium factory outside Denver, Nelson said. Inhalation of high levels of carbon tetrachloride has been linked to liver, kidney and nervous system damage, according to the U.S. Environmental Protection Agency.

Levels of carbon tetrachloride in the air underground have reached one-twenty-fifth the federal worker safety level, according to Nelson.

WIPP, a 2,150-foot-deep salt mine beneath southeastern New Mexico, is the permanent disposal site for dangerously radioactive plutonium waste from nuclear weapons research and production. In addition to the radioactive material, the waste also contains other hazardous chemicals, which are regulated by the state to protect worker and public health and safety.

Waste drums at WIPP have a filter designed to allow potentially explosive hydrogen gas to escape while keep the plutonium in, according to Nelson. The carbon tetrachloride is apparently seeping out of those filters, he said.

The carbon tetrachloride showed up in routine monitoring of air coming out of WIPP's exhaust system, Nelson said. WIPP is required to routinely sample for a wide range of hazardous chemicals and report the findings to the state.

The first sign of elevated carbon tetrachloride readings showed up in July.

If carbon tetrachloride levels continue to be high for several more months, WIPP operators could be forced under state regulations to prematurely close down the underground room where the drums are currently being disposed of.

New Mexico Environment Department officials could not be reached for comment Wednesday.