71490 Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Notices 

DEPARTMENT OF ENERGY 

National Nuclear Security 

Administration 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Operation of a Biosafety Level 3 

Facility at Los Alamos National 

Laboratory, Los Alamos, NM 

AGENCY: Department of Energy, National 

Nuclear Security Administration. 

ACTION: Notice of intent. 

SUMMARY: The National Nuclear 

Security Administration (NNSA), an 

agency within the U.S. Department of 

Energy (DOE), announces its intent to 

prepare an Environmental Impact 

Statement (EIS) to evaluate the 

operation of a Biosafety Level 3 Facility 

(BSL–3 Facility) at the Los Alamos 

National Laboratory (LANL) in Los 

Alamos, New Mexico. This EIS is being 

prepared and considered in accordance 

with requirements of the National 

Environmental Policy Act (NEPA) of 

1969, regulations of the President’s 

Council on Environmental Quality (40 

CFR parts 1500 through 1508), and 

DOE’s National Environmental Policy 

Act Implementing Procedures (10 CFR 

part 1021). 

DATES: The public scoping period starts 

with the publication of this Notice in 

the Federal Register and will continue 

until December 29, 2005. DOE will 

consider all comments received or 

postmarked by that date in defining the 

scope of this EIS. Comments received or 

postmarked after that date will be 

considered to the extent practicable. 

Public scoping meetings will provide 

the public with an opportunity to 

present comments, ask questions, and 

discuss concerns regarding the EIS with 

NNSA officials. The locations, dates, 

and times for the public scoping 

meetings are as follows: 

Tuesday, December 13, 2005, from 4 

to 8 p.m., Fuller Lodge, 2132 Central 

Avenue, Los Alamos, New Mexico 

87544. 

Wednesday, December 14, 2005, from 

4 to 8 p.m., Genoveva Chavez 

Community Center, 3221 Rodeo Road, 

Santa Fe, New Mexico 87505. 

Thursday, December 15, 2005, from 4 

to 8 p.m., Senior Stroke Center, 735 

Vietnam Veterans Memorial Road, 

Espan ̃ ola, New Mexico 87532. 

NNSA will publish additional notices 

regarding the dates, times, and locations 

of the scoping meetings in local 

newspapers in advance of the scheduled 

meetings. Any necessary changes will 

be announced in the local media. 

ADDRESSES: Written comments or 

suggestions concerning the scope of the 

BSL–3 Facility EIS or requests for more 

information on the EIS and public 

scoping process should be directed to: 

Lisa Cummings, EIS Document 

Manager, U.S. DOE, NNSA, Los Alamos 

Site Office, 528 35th Street, Los Alamos, 

New Mexico, 87544; facsimile at (505) 

665–4873; or e-mail at LANL_BSL3_EIS@doeal.gov. Ms. Cummings may 

also be reached by telephone at 1–866–

506–2862. 

FOR FURTHER INFORMATION CONTACT: For 

general information on the DOE NEPA 

process, please contact: Ms. Carol M. 

Borgstrom, Director, Office of NEPA 

Policy and Compliance, EH–42, USDOE, 

1000 Independence Avenue SW., 

Washington, DC 20585, (202) 586–4600, 

or leave a message at 1–800–472–2756. 

Additional information regarding DOE 

NEPA activities and access to many 

NEPA documents, including the 1999 

LANL Site-wide EIS, are available on 

the Internet through the NEPA Web site 

at http://www.eh.doe.gov/nepa. 

SUPPLEMENTARY INFORMATION: The 

United States has identified an emerging 

threat to homeland security posed by 

the possible use of biological weapons. 

As a result, research and development 

activities involving biological select 

agents have increased. Biological select 

agents are viruses, bacteria, rickettsia, 

fungi, and toxins whose possession, 

transfer, and use are controlled by the 

Department of Health and Human 

Services (HHS) Centers for Disease 

Control and Prevention (CDC) due to 

their capability to cause substantial 

harm to human health. ‘‘Biosafety 

Levels’’ is a system devised by the CDC 

of well-defined facilities, equipment, 

and procedures designed to minimize 

risk of exposure to potentially 

hazardous agents for laboratory workers 

and the outside environment. Several 

entities are interested in conducting 

such work at LANL, including the 

Department of Homeland Security 

(DHS). Additionally, other Federal 

agencies in the intelligence and security 

communities, as well as military 

organizations, have expressed interest in 

working with LANL in this regard. 

Other research for these organizations is 

conducted at LANL. This research seeks 

to reduce the threat from terrorism using 

biological weapons and to enhance the 

Nation’s public health capabilities. 

Future work in this field would seek to 

develop scientific tools to address 

national health security issues and 

global concerns for emerging diseases. 

The research conducted at the BSL–3 

Facility would be solely defensive in 

nature, serving to identify and mitigate 

the threats that may be used against the 

United States in a biological attack. 

In response to the needs discussed 

above, NNSA decided to construct a 

BSL–3 Facility at LANL. Prior to 

constructing the facility, NNSA 

analyzed the project pursuant to NEPA 

and in early 2002 issued an 

environmental assessment (EA) and a 

Finding of No Significant Impact 

(FONSI) for the construction and 

operation of the facility. These 

documents can be found at http:// 

www.eh.doe.gov/nepa/ea/ea1364/ 

tocindex.html and http://www.lanl.gov/ 

orgs/pa/newsbulletin/2002/03/05/BSL3%20EA%20Fonsi2.pdf. 

After completion of the NEPA process 

and facility construction, NNSA 

identified new information concerning 

the BSL–3 Facility. NNSA determined 

that it was necessary to conduct 

additional seismic analysis of the 

location of the building on fill material 

on the sloping side of a canyon. 

Therefore, in early 2004, NNSA 

withdrew the portion of the FONSI that 

dealt with the operation of the BSL–3 

Facility, and announced that it would 

prepare a supplemental environmental 

assessment on its proposal to operate 

the facility. 

In January 2005, NNSA published a 

Notice of Intent to prepare a 

Supplemental Site-wide Environmental 

Impact Statement (S–SWEIS) for the 

continued operation of LANL. The 

notice stated that if a FONSI for 

operation of the BSL–3 Facility could 

not be issued, the analyses of the 

potential impacts of operating this 

facility would be included in the S–

SWEIS. NNSA has since decided to 

prepare a new Site-wide EIS for LANL 

(SWEIS) rather than to supplement the 

1999 SWEIS. The release of the draft 

SWEIS is now planned for 2006. 

NNSA has decided that preparation of 

an EIS is the appropriate level of NEPA 

analysis for operation of the BSL–3 

Facility and that this analysis should be 

conducted separately from the new 

SWEIS. The global situation with regard 

to bioterrorism continues to evolve. The 

ability to provide cutting-edge 

technology and resources to address the 

situation grows more important, and 

increases the urgency to decide whether 

to operate this BSL–3 Facility. 

The Federal government, and in 

particular the intelligence community, 

is concerned that any delays in the 

schedule for the SWEIS could further 

delay a decision on whether to operate 

this critical homeland security facility. 

During the scoping process for the S–

SWEIS conducted in January 2005, 

NNSA received comments from several 

members of the public stating that 

Federal Register / Vol. 70, No. 228 / Tuesday, November 29, 2005 / Notices 71491 

NNSA should prepare an EIS for the 

operation of the BSL–3 Facility. For 

these reasons, NNSA has decided to 

prepare a separate EIS for operation of 

the BSL–3 Facility. The SWEIS will 

evaluate all activities at LANL and will 

incorporate the results of related 

environmental impact analyses from 

other NEPA documents. The impacts 

identified in other NEPA documents 

will be combined with impact analyses 

performed specifically for the SWEIS. 

The impacts of the alternative selected 

by any decision regarding operation of 

the BSL–3 Facility would be included in 

the analysis of cumulative impacts 

prepared for the SWEIS. 

The facility is a single-story, 3,200- 

square foot stucco building with a metal 

roof, housing a BSL–2 laboratory and 

two BSL–3 laboratories. Biosafety Level 

2 is suitable for work involving agents 

of moderate potential hazard to 

personnel and the environment. 

BSL Level 3 is required for clinical, 

diagnostic, teaching, research, or 

production facilities in which work is 

done with indigenous or exotic agents 

that may cause serious or potentially 

lethal disease as a result of exposure by 

inhalation. Laboratory personnel have 

specific training in handling pathogenic 

and potentially lethal agents, and are 

supervised by competent scientists who 

are experienced in working with these 

agents. 

The facility is located on a site 

adjacent to Sigma Road and the paved 

parking area southwest of the Sigma 

Building north of the intersection of 

Pajarito Road and Diamond Drive. No 

operations of any type have been 

conducted in the facility. 

Issues to be analyzed in the EIS 

include: Additional seismic analysis; 

safety of laboratory operations; public 

health and safety; handling, collection, 

treatment, and disposal of research 

wastes; other risks; pollution 

prevention; and potential impacts on air 

quality, biological resources, cultural 

resources, water resources, land use, 

and socioeconomic resources. The EIS 

will evaluate several alternatives: a 

‘‘Proposed Action Alternative’’

analyzing operation of the BSL–3 

Facility at LANL at the level permitted 

by CDC guidelines for a BSL–3 Facility; 

a ‘‘BSL–2 Alternative’’ analyzing 

operation of the facility at the level 

permitted for a BSL–2 Facility; and a 

‘‘No-Action Alternative,’’ under which 

the constructed facility would not be 

operated. Additional alternatives, 

including potential facility 

modifications, may be identified during 

the scoping process. 

Public Scoping Process: The scoping 

process is an opportunity for the public 

to assist NNSA in determining, among 

other things, reasonable alternatives and 

issues for analysis. The purpose of the 

scoping meetings is to receive oral and 

written comments from the public. The 

meetings will use a format to facilitate 

dialogue between NNSA and the public. 

NNSA welcomes specific comments or 

suggestions on the content of these 

alternatives, or on other alternatives that 

the public wishes NNSA to consider. 

The list of issues discussed above for 

consideration in the BSL–3 Facility EIS 

is tentative and intended to facilitate 

public comment on the scope of this 

EIS. It is not intended to be allinclusive, nor does it imply any 

predetermination of potential impacts. 

The BSL–3 Facility EIS will analyze and 

describe the potential environmental 

impacts of the alternatives, using 

available data where possible and 

obtaining additional data where 

necessary. NNSA has invited the 

Department of Homeland Security to 

participate as a cooperating agency in 

the preparation of this EIS. 

Copies of written comments and 

transcripts of oral comments will be 

made available at the following 

locations: the 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. 

EIS Preparation Process: The process 

for preparing the BSL–3 Facility EIS 

begins with the publication of this 

Notice of Intent in the Federal Register. 

After the close of the public scoping 

comment period, NNSA will begin 

preparing the draft EIS. NNSA expects 

to issue a draft BSL–3 EIS for public 

review in the spring of 2006. Public 

comments on the draft will be accepted 

during a comment period of at least 45 

days following publication of the Notice 

of Availability, by the United States 

Environmental Protection Agency. The 

Notice of Availability published in the 

Federal Register will provide the 

deadline for comments on the draft 

document. Other notices placed in local 

newspapers also identify dates and 

locations for public hearings on the 

draft BSL–3 Facility EIS. Issuance of the 

final BSL–3 Facility EIS is scheduled for 

late 2006. 

Issued in Washington, DC, this 22 day of 

November, 2005. 

Linton F. Brooks, 

Administrator, National Nuclear Security 

Administration. 

[FR Doc. 05–23455 Filed 11–28–05; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

National Nuclear Security 

Administration 

Record of Decision: Final Site-wide 

Environmental Impact Statement for 

Continued Operation of Lawrence 

Livermore National Laboratory and 

Supplemental Stockpile Stewardship 

and Management Programmatic 

Environmental Impact Statement 

AGENCY: National Nuclear Security 

Administration, Department of Energy. 

ACTION: Record of decision. 

SUMMARY: The U.S. Department of 

Energy (DOE), National Nuclear 

Security Administration (NNSA), is 

issuing this Record of Decision (ROD) 

regarding its plan for continued 

operation of the Lawrence Livermore 

National Laboratory located 

approximately 40 miles east of San 

Francisco in Alameda and San Joaquin 

Counties; and for use of plutonium, 

other fissile materials, fissionable 

materials and lithium hydride in 

experiments to be conducted at the 

National Ignition Facility (NIF). In 

making its decisions NNSA considered 

the ‘‘Final Site-wide Environmental 

Impact Statement for Continued 

Operation of Lawrence Livermore 

National Laboratory (DOE/EIS–0348) 

and Supplemental Stockpile 

Stewardship and Management 

Programmatic Environmental Impact 

Statement (DOE/EIS–0236-S3) (LLNL 

SW/SPEIS)’’ and other information, 

including programmatic mission needs 

and cost. NNSA has decided to 

implement the Proposed Action 

Alternative as described in the LLNL 

SW/SPEIS with the exception of the 

Energetic Materials Processing Center 

Replacement and High Explosives 

Development Center Project. This 

alternative includes the continued 

operation of LLNL; an increase in 

administrative and material-at-risk 

limits for plutonium and tritium; and 

the use of plutonium, other fissile 

materials, fissionable materials, and 

lithium hydride in experiments 

conducted at the NIF. NNSA’s 

implementation of the individual 

components of the Proposed Action 

Alternative during the next decade is 

subject to its continuing assessment of 

its mission needs and of LLNL’s role in 

meeting those needs. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the LLNL SW/ 

SPEIS or the ROD, or to receive a copy 

of the LLNL SW/SPEIS or ROD, contact: 

Thomas Grim, Document Manager, U.S. 

Department of Energy, Livermore Site