[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Pages 36691-36694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17751]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration


Notice of Intent To Prepare an Environmental Impact Statement for 
the Continued Operation of the Department of Energy/National Nuclear 
Security Administration Nevada Test Site and Off-Site Locations in the 
State of Nevada

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

ACTION: Notice of intent to prepare an environmental impact statement 
and conduct public scoping meetings.

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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 (CEQ) and the U.S. Department of Energy (DOE) regulations 
implementing NEPA (40 CFR Parts 1500-1508 and 10 CFR Part 1021, 
respectively), the National Nuclear Security Administration (NNSA), a 
semi-autonomous agency within DOE, announces its intention to prepare a 
site-wide environmental impact statement (SWEIS) (DOE/EIS-0426) for the 
continued operation of DOE/NNSA activities at the Nevada Test Site 
(NTS) and certain off-site locations (the Remote Sensing Laboratory at 
Nellis Air Force Base, Las Vegas, Nevada, the DOE/NNSA campus in North 
Las Vegas, and the Nevada Test and Training Range (NTTR) including 
activities at the Tonopah Test Range (TTR)) in the State of Nevada. The 
purpose of this notice is to invite individuals, organizations, and 
government agencies and entities to participate in developing the scope 
of the SWEIS.
    The new SWEIS will consider a No Action Alternative, which is to 
continue current operations through implementation of the 1996 Record 
of Decision (ROD) (61 FR 65551; 12/13/96), and subsequent decisions. 
Three action alternatives proposed for consideration in the SWEIS would 
be compared to the No Action Alternative. The three action alternatives 
would differ by either their type or level of on-going operations and 
may include proposals for new operations or the reduction or 
elimination of certain operations.

DATES: NNSA invites comments on the scope of this SWEIS. The public 
scoping period starts with the publication of this notice in the 
Federal Register and will continue through October 16, 2009. NNSA will 
consider all comments defining the scope of the SWEIS received or 
postmarked by this date. Comments received or postmarked after this 
date will be considered to the extent practicable. NNSA will conduct 
public scoping meetings in Las Vegas, Tonopah and Pahrump, Nevada and 
St. George, Utah scheduled as follows:

<bullet> Thursday, September 10, 2009--2-4 p.m. and 6-8 p.m.
    Frank H. Rogers Science & Technology Building, Desert Research 
Institute, 755 East Flamingo Road, Las Vegas, NV.
<bullet> Monday, September 14, 2009--5:30-7:30 p.m.
    Bob Ruud Community Center, 150 North Highway 160, Pahrump, NV.
<bullet> Wednesday, September 16, 2009--5:30-7:30 p.m.
    Tonopah Convention Center, 301 Brougher Ave., Tonopah, NV.
<bullet> Friday, September 18, 2009--5:30-7:30 p.m.
    Holiday Inn Conference Center, 850 South Bluff Street, St. George, 
Utah.

    These scoping meetings will provide the public with an opportunity 
to present comments, ask questions, and discuss issues with NNSA 
officials regarding the SWEIS. Preparation of the SWEIS will require 
participation of other Federal agencies. As bordering land managers, 
the USAF and BLM have an inherent interest in activities at the Nevada 
Test Site (NTS). The DHS and DTRA are tenant organizations with ongoing 
and future operations at the NTS: Therefore requests for cooperating 
agency participation will be extended to the DOE, Department of 
Defense, U.S. Air Force (USAF) and the Defense Threat Reduction Agency 
(DTRA), the Department of Homeland Security (DHS), and the Department 
of the Interior, Bureau of Land Management (BLM.)

ADDRESSES: To submit comments on the scope of the SWEIS, questions 
about the document or scoping meetings, or to be included on the 
document distribution list, please contact: Linda M. Cohn, NNSA Nevada 
Site Office, SWEIS Document Manager, P.O. Box 98518, Las Vegas, Nevada 
89193-8518; telephone (702) 295-0077; fax (702) 295-5300; or e-mail 
address: <a href="/cdn-cgi/l/email-protection#79171c091839170f571d161c571e160f"><span class="__cf_email__" data-cfemail="701e150011301e065e141f155e171f06">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For general information about the DOE 
NEPA process, please contact: Carol M. Borgstrom, Director, Office of 
NEPA Policy and Compliance (GC-20), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585; e-mail: 
<a href="/cdn-cgi/l/email-protection#cfaebca4818a9f8e8fa7bee1aba0aae1a8a0b9"><span class="__cf_email__" data-cfemail="1d7c6e7653584d5c5d756c33797278337a726b">[email protected]</span></a>; telephone: 202-586-4600, or leave a message at 1-
800-472-2756; or fax: 202-586-7031. Please note that U.S. Postal 
Service deliveries to the Washington, DC office may be delayed by 
security screening. Additional information regarding DOE NEPA 
activities is available on the Internet through the NEPA Web site at 
http://www.gc.energy.gov/nepa.

SUPPLEMENTARY INFORMATION:

Background

    The NTS occupies about 1,375 square miles (3,561 square kilometers) 
in southern Nevada, and is surrounded on three sides by the U.S. Air 
Force Nevada Test and Training Range (NTTR) (formerly the Nellis Air 
Force Range) and the Desert National Wildlife Refuge. The fourth 
boundary is shared with the Bureau of Land Management. The Nevada Site 
Office (NSO) operations are managed and performed for DOE/NNSA under 
contract by a management and operating contractor (currently National 
Security Technologies, LLC) which teams with personnel from Lawrence 
Livermore National Laboratory, Los Alamos National Laboratory, and 
Sandia National Laboratories as well as other governmental entities to 
perform NTS mission-related activities. NTS is a multi-disciplinary, 
multi-purpose facility primarily engaged in work that supports national 
security, homeland security initiatives, waste management, 
environmental restoration, and defense

[[Page 36692]]

and non-defense research and development programs (R&D) for DOE/NNSA 
and other government entities. Historically, the primary DOE/NNSA 
mission work conducted at NTS was nuclear weapons testing. Since the 
moratorium on nuclear testing began in October 1992, NTS has been 
maintained in a state of readiness to conduct underground nuclear 
tests, if so directed by the President. It also conducts high-hazard 
experiments involving nuclear material and high explosives (HE); 
provides the capability to process and dispose of a damaged nuclear 
weapon or improvised nuclear device; and conducts non-nuclear 
experiments, hydrodynamic testing, and HE testing. Nuclear stockpile 
stewardship activities at the NTS include conducting dynamic plutonium 
experiments that provide technical information to maintain the safety 
and reliability of the U.S. nuclear weapons stockpile, and conducting 
research and training on nuclear safeguards, criticality safety, and 
emergency response. Special Nuclear Materials are also stored at the 
NTS. Also, in accordance with the amended 1996 NTS EIS (DOE/EIS-0243) 
ROD, NNSA continues to receive low-level and mixed low-level 
radioactive waste for disposal at NTS. Sandia National Laboratories, a 
DOE/NNSA contractor, operates the Tonopah Test Range (TTR) near 
Tonopah, Nevada for flight testing of gravity weapons (including R&D 
and testing of nuclear weapons components and delivery systems) in 
support of DOE/NNSA mission requirements.
    The 1996 NTS EIS examined existing and potential impacts to the 
environment from ongoing and anticipated future DOE/NNSA operations 
conducted over approximately a 10-year period of time at NTS and at 
off-site locations in the State of Nevada, such as portions of the NTTR 
including the TTR. NSO's remediation efforts have been completed at 
Project Shoal and the Central Nevada Test Area.
    The four alternatives analyzed in the 1996 NTS EIS were: (1) The No 
Action Alternative, to continue to operate at the level maintained in 
the previous 5 years; (2) Discontinue Operations; (3) Expanded Use, and 
(4) Alternative Use of Withdrawn Lands. DOE's ROD implemented 
Alternative 3, Expanded Use, plus the public educational activities of 
Alternative 4, Alternative Use of Withdrawn Lands. This ROD also 
selected the continuation of low-level and mixed low-level waste 
management activities as described in the No Action Alternative until 
decisions on the Waste Management Programmatic Environmental Impact 
Statement for Managing Treatment, Storage, and Disposal of Radioactive 
and Hazardous Waste (Waste Management PEIS) (DOE/EIS-0200) could be 
made. DOE issued its decisions on the Waste Management PEIS in a 
February 2000 ROD that included an amendment to the 1996 NTS EIS ROD. 
That February 2000 ROD announced DOE's decision to implement low-level 
and mixed low-level waste management activities in accordance with the 
Expanded Use Alternative of the 1996 NTS EIS.
    In July 2002, DOE/NNSA completed a 5-year review of the 1996 NTS 
EIS with the preparation of a Supplement Analysis (SA) (DOE/EIS-0243-
SA-01), pursuant to DOE's regulatory requirement to evaluate site-wide 
NEPA documents at least every 5 years (10 CFR 1021.330) to determine 
the adequacy of an existing EIS. Based on the 2002 Supplement Analysis 
for the Final Environmental Impact Statement for the Nevada Test Site 
and Off-Site Locations in the State of Nevada (DOE/EIS-0243-SA-01), 
DOE/NNSA determined that there were no substantial changes to the 
actions or impacts evaluated in the NTS EIS, and there were no 
significant new circumstances or information relevant to environmental 
concerns. Thus, the existing NTS EIS was adequate and neither a 
supplemental EIS or a new EIS was required.
    In 2003, NNSA prepared a Supplement Analysis entitled Supplement 
Analysis for the Final Environmental Impact Statement for the Nevada 
Test Site and Off-Site Locations in the State of Nevada to Address the 
Increase in Activities Associated with the National Center for 
Combating Terrorism & Counterterrorism Training & Related Activities 
(DOE-EIS-0243-SA-02) to determine whether an anticipated increase in 
national security projects after the terrorist attacks of September 11, 
2001, required further NEPA analysis. This analysis covered military 
training/exercises, and testing, evaluation, and development of 
technology for multiple Federal government agencies. Based upon this 
review, DOE/NNSA determined that the proposed increase in activities 
would not result in substantial changes to the NTS EIS or the ROD, and 
there were no significant new circumstances or information relevant to 
environmental concerns. Thus, neither a supplemental EIS nor a new EIS 
was required.
    More recently, in 2007, DOE/NNSA initiated its second comprehensive 
5-year review of the 1996 NTS EIS and prepared a SA entitled Draft 
Supplement Analysis for the Final Environmental Impact Statement for 
the Nevada Test Site and Off-Site Locations in the State of Nevada 
(DOE-EIS-0243-SA-03) which evaluated whether the 1996 NTS EIS continued 
to remain adequate for ongoing and reasonably foreseeable activities. 
This document was issued for public review and comment in April 2008. 
Based upon consideration of comments received on this draft SA 
regarding potential changes to the NTS program work scope, the DOE/NNSA 
decided to prepare a new SWEIS for the Continued Operation of the NTS 
and Off-Site Locations in the State of Nevada for the 10-year period 
commencing 2010.

Purpose and Need

    The purpose and need for agency action is to continue the operation 
of NTS to provide support for DOE's core missions as directed by the 
Congress and the President. NTS has a long history of supporting 
national security objectives through the conduct of underground nuclear 
tests and other nuclear and non-nuclear activities. Since October 1992, 
there has been a moratorium on underground nuclear testing. Thus, the 
present mission of the DOE at NTS is to maintain a readiness to conduct 
tests. In addition, NTS supports DOE national security related 
research, development, and testing programs, and DOE's waste 
management/disposal activities. NTS also provides opportunities for 
various environmental research projects.

Alternatives for the SWEIS

    In accordance with applicable DOE and CEQ NEPA regulations, the No 
Action Alternative will be analyzed in the SWEIS and will form the 
baseline for the action alternatives analyzed in the document. In this 
case, the No Action Alternative will be the continued implementation of 
the 1996 NTS EIS ROD, and the amendment to the ROD for the NTS (65 FR 
10061 at 10065) at DOE/NNSA sites in Nevada over the next 10 years. 
Additionally, the No Action Alternative will also include the 
implementation of other decisions supported by separate NEPA analyses 
completed since the issuance of the final 1996 NTS EIS, including: the 
Final Environmental Impact Statement for the Proposed Relocation of 
Technical Area 18 Capabilities and Materials at Los Alamos National 
Laboratory (DOE/EIS-319) and ROD (67 FR 79906); and the Final Complex 
Transformation Supplemental Programmatic Environmental Impact Statement 
(DOE/EIS-0235-S4) and its RODs (73 FR 77644 and 73 FR 77656) and the 
Waste Management PEIS and ROD (65 FR 10061). The No Action Alternative 
will

[[Page 36693]]

also include actions analyzed in eight environmental assessments and 
their associated Findings of No Significant Impacts, as well as actions 
categorically excluded from the need for preparation of either an EA or 
an EIS. These various documents are identified in the 2008 draft SA. 
Copies of these documents can be reviewed at the DOE/NNSA Public 
Reading Rooms at 755 E. Flamingo, Las Vegas, Nevada, and 100 North 
Stewart Street, Carson City, Nevada, and public libraries in St. 
George, Utah; and Tonopah and Pahrump, Nevada; and on the internet at: 
http://www.gc.energy.gov/nepa.
    Three action alternatives will be considered in the SWEIS: Expanded 
Operations, Reduced Operations, and Renewable Energy Operations. All 
three of these alternatives will be compared to the No Action 
Alternative level of operations. The Expanded Operations Alternative 
will consider a greater proportion of reasonably foreseeable new work 
from other Federal organizations as identified by cooperating agencies. 
This work will relate to nonproliferation and counterterrorism, 
experiments, research, development and testing. Such expansion could 
include developing test beds for concept testing of sensors, mitigation 
strategies and weapons effectiveness. The Reduced Operations 
alternative will consider an overall reduction in the level of 
operations and closure of specific buildings and structures. The 
Renewable Energy Operations Alternative will consider renewable energy 
R&D and the potential deployment of those technologies on the NTS. Any 
new facilities/activities, regardless of which alternative they are 
associated with, will be included in the analysis if they are 
reasonably foreseeable (i.e., proposed within the next 10 years).
    This SWEIS will analyze potential impacts resulting from reasonably 
foreseeable operations and compare these impacts to those projected in 
the No-Action Alternative. The SWEIS will analyze projected impacts 
anticipated from operating the NTS and certain off-site locations in 
the State of Nevada at the current level with some modified work now 
being proposed at certain facilities, such as the Radiological and 
Nuclear Test Evaluation Center and the Non-Proliferation Test and 
Evaluation Center. Examples of newly proposed actions at NTS include 
development of enhanced national security programs to include increased 
homeland security activities in sensor development and testing, and 
chemical and biological simulant releases, as well as stockpile 
stewardship activities.
    Direct and indirect, as well as unavoidable and irreversible and 
irretrievable impacts to the environment of the NTS and off-site 
locations in the State of Nevada will be identified and analyzed in the 
SWEIS. In addition, updated modeling and analysis will be conducted of 
potential migration of contaminants in the groundwater from historic 
nuclear testing on the NTS. Where appropriate, mitigation strategies 
will also be analyzed in the SWEIS. Further, an updated evaluation of 
NTS operational and transportation accident analyses, and a new 
assessment of cumulative impacts of DOE/NNSA operations in Nevada will 
also be included. DOE/NNSA plans to prepare the SWEIS as an 
unclassified document with a classified appendix. The classified 
information will not be available for public review; however, it will 
be considered in the decision-making process of the SWEIS. DOE/NNSA 
intends to re-evaluate the range of reasonable alternatives following 
public scoping.

Preliminary Identification of Environmental Issues

    DOE/NNSA proposes to address the issues listed below when 
considering the potential impacts of each alternative. This list is 
presented to facilitate public comment during the scoping period and 
will be revisited as DOE/NNSA considers all scoping comments. It is not 
intended to be comprehensive, nor to imply any predetermination of 
impacts.
    <bullet> Potential effects on the public health from exposure to 
hazardous materials under routine and credible accident scenarios;
    <bullet> Impacts on surface and groundwater, and on water use and 
quality;
    <bullet> Impacts on air quality and noise;
    <bullet> Impacts on plants and animals, and their habitats, 
including species that are Federal- or state-listed as threatened or 
endangered, or of special concern;
    <bullet> Impacts on geology and soil;
    <bullet> Impacts on cultural resources such as Native American 
sites, historic mining and ranching, and Cold War structures;
    <bullet> Socioeconomic impacts on potentially affected communities 
and disproportionately high and adverse impacts to minority and low-
income populations;
    <bullet> Potential impacts on land use.
    <bullet> Pollution prevention and waste management practices and 
activities;
    <bullet> Unavoidable adverse impacts and irreversible and 
irretrievable commitments of resources;
    <bullet> Potential cumulative environmental effects of past, 
present, and reasonably foreseeable future actions;
    <bullet> Potential impacts of intentional destructive acts, 
including sabotage and terrorism.

SWEIS Process and Invitation To Comment

    The SWEIS scoping process provides an opportunity for the public to 
assist the DOE/NNSA in determining issues. Four public scoping meetings 
will be held as noted under DATES in this Notice. The purpose of 
scoping meetings is to provide attendees an opportunity to present 
comments, ask questions, and discuss concerns regarding the SWEIS with 
DOE/NNSA officials. Comments and recommendations can also be mailed to 
Linda M. Cohn as noted in this Notice under ADDRESSES. The SWEIS 
scoping meetings will use a format to facilitate dialogue between DOE/
NNSA and the public and will provide individuals the opportunity to 
give written or oral statements. DOE/NNSA welcomes specific comments or 
suggestions on the SWEIS process. The SWEIS will describe the potential 
environmental impacts of each alternative by using available data where 
possible and obtaining additional data where necessary. Copies of 
written comments and transcripts of oral comments provided to DOE/NNSA 
during the scoping period will be available at the DOE Public Reading 
Room at 755 E. Flamingo, Las Vegas, Nevada, and public libraries in St. 
George, Utah; Tonopah and Pahrump, Nevada; and on the Internet at 
http://www.nv.doe.gov/library/publications/environmental.
    After the close of the public scoping period, DOE/NNSA will begin 
developing the draft SWEIS. DOE/NNSA expects to issue the draft SWEIS 
for public review in mid-2010. Public comments on the draft SWEIS will 
be received for at least 60 days following publication of the 
Environmental Protection Agency's Notice of Availability in the Federal 
Register. The Notice of Availability, along with notices placed in 
local newspapers, will provide dates and locations for public hearings 
on the draft SWEIS and the deadline for comments on the draft document. 
Persons who submit comments with a mailing address during the scoping 
process will receive a copy of the draft SWEIS. Other persons who would 
like to receive a copy of the document for review when it is issued 
should notify Linda M. Cohn at one of the addresses provided 
previously. DOE/NNSA will include all comments received on the draft 
SWEIS,

[[Page 36694]]

and responses to those comments in the final SWEIS. Issuance of the 
final SWEIS is currently scheduled for mid-2011.

    Issued in Washington, DC, this 21st day of July 2009.
Thomas P. D'Agostino,
Administrator, National Nuclear Security Administration.
[FR Doc. E9-17751 Filed 7-23-09; 8:45 am]
BILLING CODE 6450-01-P


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