[Federal Register Volume 70, Number 3 (Wednesday, January 5, 2005)]
[Notices]
[Pages 807-809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-210]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration


Notice of Intent to Prepare a Supplemental Environmental Impact 
Statement to the Final Site-Wide Environmental Impact Statement for 
Continued Operation of the Los Alamos National Laboratory

AGENCY: U.S. Department of Energy, National Nuclear Security 
Administration.

ACTION: Notice of Intent.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969, as amended (42 U.S.C. 4321 et seq.), the Council on Environmental 
Quality's (CEQ) and the U.S. Department of Energy's (DOE) regulations 
implementing NEPA (40 CFR parts 1500-1508 and 10 CFR part 1021, 
respectively), the National Nuclear Security Administration (NNSA), an 
agency within the DOE, announces its intent to prepare a supplemental 
site-wide environmental statement (S-SWEIS) to update the analyses 
presented in the Final Site-Wide Environmental Impact Statement for 
Continued Operation of the Los Alamos National Laboratory (SWEIS) (DOE/
EIS-0238; January 1999). The purpose of this notice is to invite 
individuals, organizations, and government agencies and entities to 
participate in developing the scope of the S-SWEIS.
    In its September 1999 Record of Decision (ROD) based on the SWEIS, 
DOE announced its decision to implement the Expanded Operations 
Alternative analyzed in the SWEIS, with modifications to weapons 
related production work (the Preferred Alternative), at Los Alamos 
National Laboratory (LANL). That decision is being implemented at LANL. 
Pursuant to 40 CFR 1502.20, the S-SWEIS will rely on and expand on the 
analysis in the original SWEIS. The No Action Alternative for the S-
SWEIS is the continued implementation of the SWEIS ROD, together with 
other actions described and analyzed in subsequent NEPA reviews. The 
Proposed Action in the S-SWEIS will include changes since the SWEIS 
1999 ROD.

DATES: NNSA invites comments on the scope of this S-SWEIS through 
February 27, 2005. NNSA will hold a public scoping meeting in Pojoaque, 
New Mexico, at the Pablo Roybal Elementary School on January 19, 2005, 
from 6 to 8 pm. Scoping comments received after February 27, 2005, will 
be considered to the extent practicable.

ADDRESSES: To submit comments on the scope of the S-SWEIS, questions 
about the document or scoping meeting, or requests to be placed on the 
document distribution list, please write or call: Ms. Elizabeth Withers 
(e-mail address: <a href="/cdn-cgi/l/email-protection#573b36393b082420323e2417333832363b79303821"><span class="__cf_email__" data-cfemail="1e727f7072416d697b776d5e7a717b7f7230797168">[email protected]</span></a>; mailing address: NNSA Los 
Alamos Site Office, NEPA Compliance Officer, 528 35th Street, Los 
Alamos, New Mexico, 87544; (toll free) telephone 1-877-491-4957; or 
Facsimile 505-667-9998).

FOR FURTHER INFORMATION CONTACT: For general information about the DOE 
NEPA process, please contact: Ms. Carol Borgstrom, Director, Office of 
NEPA Policy and Compliance (EH-42), U.S. Department of Energy, 1000 
Independence Avenue, SW, Washington, DC 20585, 202-586-4600, or leave a 
message at 1-800-472-2756.

SUPPLEMENTARY INFORMATION: LANL is located in north-central New Mexico, 
60 miles north-northeast of Albuquerque, 25 miles northwest of Santa 
Fe, and 20 miles southwest of Espa[ntilde]ola in Los Alamos and Santa 
Fe Counties. It is located between the Jemez Mountains to the west and 
the Sangre de Cristo Mountains and Rio Grande to the east. LANL 
occupies about 40 square miles (104 square kilometers) and is operated 
for NNSA under contract, by the University of California. (The contract 
for LANL's management and operation is undergoing a competitive bid 
process; however, the selection of the LANL management and operations 
contractor in the future will not affect the nature of the NNSA and DOE 
work performed at LANL.)
    LANL is a multidisciplinary, multipurpose institution primarily 
engaged in theoretical and experimental research and development. LANL 
has been assigned science, research and development, and production 
mission support activities that are critical to the accomplishment of 
the national security objectives (as reflected in the ROD for the 
September 1996 Final Programmatic Environmental Impact Statement for 
Stockpile Stewardship and Management (DOE/EIS-0236)). Specific LANL 
assignments will continue for the foreseeable future include production 
of War-Reserve products, assessment and certification of the stockpile, 
surveillance of the War-Reserve components and weapon systems, ensuring 
safe and secure storage of strategic materials, and management of 
excess plutonium inventories. LANL's main role in the fulfillment of 
DOE mission objectives includes a wide range of scientific and 
technological capabilities that support nuclear materials handling, 
processing and fabrication; stockpile management; materials and 
manufacturing technologies; nonproliferation programs; and waste 
management activities.
    The Final LANL SWEIS, issued in January 1999, considered the 
operation of LANL at various levels for about a 10-year period of time. 
Alternatives considered in that document were: No Action Alternative, 
the Expanded Operations Alternative, the Reduced Operations 
Alternative, and the Greener Alternative. In addition to providing an 
overview of the LANL site and its activities and operations, the SWEIS 
identified 15 LANL ``Key Facilities'' for the purposes of NEPA 
analysis. ``Key

[[Page 808]]

Facilities'' are those facilities that house operations with the 
potential to cause significant environmental impacts; are of most 
interest or concern to the public based on scoping comments; or are 
facilities that would be the most subject to change due to potential 
programmatic decisions. The operations of these ``Key Facilities'' were 
described in the SWEIS and, together with other non-key facility 
functions, formed the basis of the description of LANL facilities and 
operations analyzed for their potential impacts. The Preferred 
Alternative was the Expanded Operations Alternative with certain 
reductions in weapons-related manufacturing capabilities. This 
alternative was chosen for implementation in the ROD issued in 
September 1999.
    In mid-2004, NNSA undertook the preparation of a Supplement 
Analysis for the SWEIS pursuant to DOE's regulatory requirement to 
evaluate site-wide NEPA documents at least every 5 years (10 CFR 
1021.330) and determine whether the existing EIS remains adequate, to 
prepare a new site-wide EIS, or prepare a supplement to the existing 
EIS. During the development of this Supplement Analysis, NNSA decided 
to proceed immediately with a supplement to the existing SWIES in order 
to expedite the NEPA process and to save time and money. DOE NEPA 
regulations (10 CFR 1021.314) require the preparation of a Supplemental 
EIS if there are substantial changes to a proposal or significant new 
circumstances or information relevant to environmental concerns. 
Substantial changes to the level of LANL operations may result from 
proposed, modified or enhanced activities and operations within LANL 
facilities (discussed later in subsequent paragraphs of this Notice), 
and new circumstances and information with regard to effects from the 
Cerro Grande Fire (which burned a part of LANL), a reduction in the 
size of the LANL reservation due to recent land conveyance and 
transfers, and contaminant migration have come to light over the past 
five years that could be deemed significant under 10 CFR 1021.314.
    Since the issuance of the Final SWEIS in 1999, DOE and NNSA have 
finalized several environmental impact statements, environmental 
assessments (EA), and a special environmental analysis dealing with 
LANL operations and actions taken immediately after the 2000 Cerro 
Grande Fire. The activities analyzed in these NEPA documents and 
developing changes to the LANL environmental setting led NNSA to 
conclude it would be prudent and efficient to begin updating the SWEIS 
now by preparing a supplemental SWEIS. NNSA will use the S-SWEIS to 
consider the potential impacts of proposed modifications to LANL 
activities, as well as the cumulative impacts associated with on-going 
activities at LANL, on the changed LANL environment.
    The S-SWEIS will provide a review of the impacts resulting from 
implementing the SWEIS ROD over the past 5 years at LANL and compare 
these impacts to the impacts projected in the SWEIS analyses for that 
alternative to provide an understanding of the SWEIS's ability to 
identify potential impacts. The S-SWEIS analyses will focus primarily 
on aspects of the existing environment that could be impacted by newly 
proposed changes to LANL operations at certain facilities and by 
environmental cleanup actions that could occur over the next 5 to 6 
years in response to a consent order from the State of New Mexico. The 
S-SWEIS Proposed Action will analyze projected impacts anticipated from 
operating LANL at the 1999 ROD level for at least the next 5 years, 
with some modified work now being proposed at certain facilities. NNSA 
is considering proposed operational changes within at least two new 
``Key Facilities'' at LANL:
    <bullet> The Nicholas C. Metropolis Center for Modeling and 
Simulation (formerly called the Strategic Computing Complex), and
    <bullet> The Nonproliferation and International Security Center 
(NISC).
    The construction and operation of the Nicholas C. Metropolis Center 
for Modeling and Simulation were analyzed in a December 1998 EA and a 
finding of no significant impact (FONSI) for that proposed action was 
issued based on the impact analyses for operating the computational 
facility up to a 50-TeraOp platform (a TeraOp is a trillion floating 
point operations per second). The Center has been constructed and is 
currently operating below the operations level analyzed in the 1998 EA; 
however, NNSA proposes to increase the facility's operational capacity 
up to 100 TeraOps before 2009 with corresponding increases to the 
facility's consumption of water and electrical power resources. This 
proposed increase in the operating platform from 50 TeraOps up to 100 
TeraOps will be analyzed in the S-SWEIS.
    The NISC's construction and operation were analyzed in a July 1999 
EA and a FONSI was issued for that proposed action based on the impact 
analyses for consolidating activities and operating the facility as it 
was envisioned at that time. The facility is currently operating as 
evaluated in the 1999 EA; however, NNSA is now proposing to move 
certain operations from the Technical Area 18 (TA-18) Pajarito Site 
(another of LANL's ``Key Facilities,'' which is also discussed in the 
following paragraph) into the NISC. This would change the amount of 
nuclear material stored in the facility, with corresponding potential 
increases to worker exposures in the case of a site accident. The 
proposed changes to operations and material stored in NISC will be 
analyzed in the S-SWEIS.
    NNSA will also eliminate one former LANL ``Key Facility'' 
identified in the 1999 SWEIS--the TA-18 Pajarito Site. In its 2002 EIS 
(the TA-18 Relocation Final EIS (DOE/EIS-319)) and ROD, the NNSA 
decided to relocate TA-18 security category I and II operations and 
associated nuclear material to the Nevada Test Site. Implementation of 
the relocation decision began in 2004 and will continue over the next 5 
years. After relocation of operations and materials, this facility will 
no longer be a LANL ``Key Facility'' within the meaning of the SWEIS, 
and therefore will not be listed as such a facility. There are certain 
proposals related to the relocation of the TA-18 security category III 
and IV operations and the disposition of the TA-18 facilities that were 
not analyzed in the 2002 EIS; these proposed actions and their 
projected impacts will be evaluated in the S-SWEIS impact analyses.
    Certain aspects of operational changes, construction and activities 
that have occurred or are being proposed for LANL over the next 5 years 
that were not analyzed in the 1999 SWEIS will also be considered and 
analyzed in the S-SWEIS. Changes that have been made to existing LANL 
operations that will also be considered further in the S-SWEIS include 
some permanent modifications to on-going operations that have recently 
been made as a result of decreases in specific work and projects 
performed at some LANL facilities, and changes to the locations of 
various types of materials at risk (MAR) at LANL facilities or off-site 
locations. Examples of newly proposed actions at LANL include the 
remediation of 10 major material disposal areas (MDAs) at LANL; the 
operation of a Biosafety Level-3 (BSL-3) Facility (this facility will 
become part of an existing ``Key Facility'' at LANL, the former Health 
Research Laboratory (HRL) now known as the Bioscience Facilities); the 
construction and operation of a new solid waste transfer station, an 
office and light laboratory complex, a consolidated warehouse and truck 
inspection station, and a new

[[Page 809]]

radiography facility; and recently proposed increases in the types and 
quantities of sealed sources accepted for waste management at LANL. 
Some of these newly proposed actions may be analyzed explicitly in the 
S-SWEIS in project specific analyses, while others may be analyzed in 
separate EAs to be prepared over the next several months, such as the 
new BSL-3 Facility EA. The potential impacts of the BSL-3 Facility will 
be included in the S-SWEIS evaluation of cumulative impacts, as will 
the impacts of all of the newly proposed actions. A comparison of the 
newly projected operational impacts will also be made to the projected 
impacts identified in the SWEIS.
    The NEPA compliance process for the BSL-3 Facility at LANL has 
spanned several years. In early 2002, the NNSA issued an EA and FONSI 
for the construction and operation of the facility at LANL. Due to the 
need to consider new circumstances and information relevant to the 
actual construction of the BSL-3 Facility and its future operation, the 
NNSA withdrew the 2002 FONSI for operating this facility and determined 
that a new EA should be prepared that re-evaluates the proposed 
operations of the facility as it has been constructed. The new EA is 
currently being prepared and a draft EA will be issued for public 
review and comment in early 2005. The EA will be used by NNSA in making 
a decision about whether to issue a FONSI for operation of the BSL-3 
Facility. If a FONSI cannot be issued, the analyses for the operation 
of the BSL-3 Facility will be included in the S-SWEIS Proposed Action.
    In accordance with applicable DOE and CEQ NEPA regulations, the No 
Action Alternative will also be analyzed in the S-SWEIS. In this case, 
the No Action Alternative will be the continued implementation of the 
1999 ROD at LANL over the next 5 years as this alternative was 
originally analyzed in the SWEIS, and will also include the 
implementation of other actions selected in DOE and NNSA RODs supported 
by separate NEPA reviews (specifically, actions analyzed since the 
issuance of the final SWEIS in the Final Environmental Impact Statement 
for the Conveyance and Transfer of Certain Land Tracts Administered by 
the U.S. Department of Energy and Located at Los Alamos National 
Laboratory, Los Alamos and Santa Fe Counties, New Mexico (DOE/EIS-293), 
the Final Environmental Impact Statement for the Proposed Relocation of 
Technical Area 18 Capabilities and Materials at Los Alamos National 
Laboratory (DOE/EIS-319), the Final Environmental Impact Statement for 
the Chemistry and Metallurgy Research Building Replacement Project at 
Los Alamos National Laboratory, Los Alamos, New Mexico (DOE/EIS-0350), 
and in about 20 various EAs and their associated FONSIs, as well as 
actions categorically excluded from the need for preparation of either 
an EA or an EIS). The Los Alamos Site Office has posted a list of EAs 
and their associated FONSIs that pertain to LANL operations dating from 
the completion of the 1999 SWEIS on their Web site at: http://www.doeal.gov/LASO/nepa. The full text of most of these EAs is also 
available through links provided at that Web site; copies of all of the 
documents may be obtained by contacting Ms. Withers at any of the 
addresses provided previously in this Notice.
    Changes or new information have also surfaced regarding the 
environmental setting at LANL over the past 5 years that may affect 
future LANL operations, such as changes to LANL watersheds as the 
result of the Cerro Grande Fire, new information and changes resulting 
from thinning the forests around LANL, and the long-term effects from 
the regional drought. Additionally, there have been changes to both the 
number of LANL workers and to the surrounding population that have 
occurred or are being projected that are different from those on which 
the SWEIS socioeconomic and other impact analyses were based. To the 
extent that changes to or new information about the existing LANL 
environment may significantly affect natural and cultural resource 
areas originally considered in the 1999 SWEIS, projected impacts 
associated with implementing the Proposed Action over the next 5 years 
at LANL will be analyzed in the S-SWEIS.
    Direct, indirect, and unavoidable impacts to the various natural 
and cultural resources present at LANL, together with irreversible and 
irretrievable commitments and mitigations, will also be analyzed in the 
S-SWEIS. Further, operational and site differences require a re-
evaluation of LANL operational accident analyses and a new assessment 
and understanding of cumulative impacts of LANL operations will also be 
addressed.
    Public Scoping Process: The scoping process is an opportunity for 
the public to assist the NNSA in determining the issues for impact 
analysis, and at least one public scoping meeting is held. The purpose 
of the scoping meeting is to provide attendees an opportunity to 
present oral and written comments, ask questions, and discuss concerns 
regarding the S-SWEIS with NNSA officials. Comments and recommendations 
can also be mailed to Elizabeth Withers at any of the identified 
addresses noted in the previous paragraphs of this Notice. The S-SWEIS 
meeting will use a format to facilitate dialogue between NNSA and the 
public and will be an opportunity for individuals to provide written or 
oral statements. NNSA welcomes specific comments or suggestions on the 
content of the document that could be considered. The potential scope 
of the S-SWEIS discussed in the previous portions of this Notice is 
tentative and is intended to facilitate public comment on the scope of 
this S-SWEIS. It is not intended to be all-inclusive, nor does it imply 
any predetermination of potential impacts. The S-SWEIS will describe 
the potential environmental impacts of the alternatives by using 
available data where possible and obtaining additional data where 
necessary. Copies of written comments and transcripts of oral comments 
provided to NNSA during the scoping period will be available at the 
following locations: Los Alamos Outreach Center, 1350 Central Avenue, 
Suite 101, Los Alamos, New Mexico, 87544; and the Zimmerman Library, 
University of New Mexico, Albuquerque, New Mexico 87131.
    S-SWEIS Preparation Process: The S-SWEIS preparation process begins 
with the publication of this Notice of Intent in the Federal Register. 
After the close of the public scoping period, NNSA will begin 
developing the draft S-SWEIS. NNSA expects to issue the Draft S-SWEIS 
for public review in the fall of 2005. Public comments on the Draft S-
SWEIS will be received during a comment period of at least 45 days 
following publication of the Notice of Availability. The Notice of 
Availability, also published in the Federal Register, along with 
notices placed in local newspapers, will provide dates and locations 
for public hearings on the Draft S-SWEIS and the deadline for comments 
on the draft document. Issuance of the Final S-SWEIS is scheduled for 
early 2006.

    Issued in Washington, DC, this 29th day of December, 2004.
Everet H. Beckner,
Deputy Administrator for Defense Programs, National Nuclear Security 
Administration.
[FR Doc. 05-210 Filed 1-4-05; 8:45 am]
BILLING CODE 6450-01-P


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