Notice of Intent To Prepare a Supplemental Environmental Impact Statement for Remediation of Area IV and the Northern Buffer Zone of the Santa Susana Field Laboratory and Conduct Public Scoping Meetings
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Abstract
The U.S. Department of Energy (DOE) announces its intent to prepare a supplemental environmental impact statement (SEIS) under the National Environmental Policy Act (NEPA) to evaluate additional alternatives for cleanup of soils in Area IV, including the Energy Technology Engineering Center (ETEC), as well as the Northern Buffer Zone (NBZ) of the Santa Susana Field Laboratory (SSFL) (DOE/EIS-0402- S1) in eastern Ventura County, California, adjacent to Los Angeles County. DOE's operations bordered the NBZ. DOE is responsible for soil cleanup in Area IV and the portions of the NBZ where DOE's activities impacted the soils. This SEIS, prepared to supplement the "Final Environmental Impact Statement for Remediation of Area IV and the Northern Buffer Zone of the Santa Susana Field Laboratory and Conduct Public Scoping Meetings" (Final SSFL Area IV EIS) (DOE/EIS-0402; November 2018), will include additional soils remediation alternatives not previously evaluated. DOE is initiating a 60-day public scoping period. DOE plans to hold two public scoping meetings.
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<title>Federal Register, Volume 89 Issue 248 (Friday, December 27, 2024)</title>
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[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Notices]
[Pages 105555-105559]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30795]
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DEPARTMENT OF ENERGY
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement for Remediation of Area IV and the Northern Buffer Zone of
the Santa Susana Field Laboratory and Conduct Public Scoping Meetings
AGENCY: Office of Environmental Management, Department of Energy.
ACTION: Notice of intent to prepare a supplemental environmental impact
statement and conduct public scoping meetings.
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SUMMARY: The U.S. Department of Energy (DOE) announces its intent to
prepare a supplemental environmental impact statement (SEIS) under the
National Environmental Policy Act (NEPA) to evaluate additional
alternatives for cleanup of soils in Area IV, including the Energy
Technology Engineering Center (ETEC), as well as the Northern Buffer
Zone (NBZ) of the Santa Susana Field Laboratory (SSFL) (DOE/EIS-0402-
S1) in eastern Ventura County, California, adjacent to Los Angeles
County. DOE's operations bordered the NBZ. DOE is responsible for soil
cleanup in Area IV and the portions of the NBZ where DOE's activities
impacted the soils. This SEIS, prepared to supplement the ``Final
Environmental Impact Statement for Remediation of Area IV and the
Northern Buffer Zone of the Santa Susana Field Laboratory and Conduct
Public Scoping Meetings'' (Final SSFL Area IV EIS) (DOE/EIS-0402;
November 2018), will include additional soils remediation alternatives
not previously evaluated. DOE is initiating a 60-day public scoping
period. DOE plans to hold two public scoping meetings.
DATES: DOE invites Federal and State agencies, State and local
governments, Native American Tribes, industry and other organizations,
and members of the public to submit comments to assist in determining
the appropriate scope of this SEIS. The public scoping period will
extend until February 25, 2025. DOE plans to hold two public scoping
meetings. Dates, times, and locations will be announced in local media
and posted on the ETEC EIS website at <a href="https://www.ssflareaiveis.com/">https://www.ssflareaiveis.com/</a> at
least 15 days before the date of the meetings.
DOE will consider all comments received or postmarked by the end of
the scoping period. Comments submitted after the close of the scoping
period will be considered to the extent practicable.
Additional information regarding scoping meetings is provided on
the ETEC EIS website at <a href="https://www.ssflareaiveis.com/">https://www.ssflareaiveis.com/</a>.
ADDRESSES: Written comments on the scope of the SEIS, requests to speak
at a public meeting, requests to be added to the SEIS mailing list, and
comments or questions on the scoping process can be sent to: Dr. Joshua
Mengers, NEPA Document Manager, Leidos 2109 Air Park Road SE, Ste 200
Albuquerque, NM 87106. Comments may also be submitted by email to
<a href="/cdn-cgi/l/email-protection#e2b1b1a4aebda6ada7bdb1a7abb1a2878f818081cc868d87cc858d94"><span class="__cf_email__" data-cfemail="d5868693998a919a908a86909c8695b0b8b6b7b6fbb1bab0fbb2baa3">[email protected]</span></a> (use ``Scoping Comments'' for the subject),
or on the EIS website at <a href="https://www.ssflareaiveis.com/">https://www.ssflareaiveis.com/</a>. Please submit
comments in Microsoft\TM\ Word or PDF file format and avoid the use of
encryption.
FOR FURTHER INFORMATION CONTACT: For general information on the DOE
Office of Environmental Management NEPA process, contact: Bill Ostrum,
EM NEPA Compliance Officer, U.S. Department of Energy, 1000
Independence Avenue SW, Washington, DC 20585; 202-5896-2513 or email:
<a href="/cdn-cgi/l/email-protection#afd8c6c3c3c6cec281c0dcdbdddac2efc7de81cbc0ca81c8c0d9"><span class="__cf_email__" data-cfemail="7f08161313161e1251100c0b0d0a123f170e511b101a51181009">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This NOI, the 2018 SSFL Area IV EIS, and
related information are available online at <a href="https://www.energy.gov/nepa">https://www.energy.gov/nepa</a>
and at <a href="https://www.ssflareaiveis.com/">https://www.ssflareaiveis.com/</a>.
Additional information about the SSFL Area IV is available in the
following public reading rooms:
<bullet> Simi Valley, California: Simi Valley Library, 2969 Tapo
Canyon Road, (805) 526-1735;
<bullet> Hidden Hills, California: Hidden Hills City Hall, 6165
Spring Valley Road, (818) 888-9281;
<bullet> Northridge, California: California State University
Northridge Oviatt Library, 2nd Floor, Room 265, (818) 677-3465; and
<bullet> Chatsworth, California: State of California Department of
Toxic Substances Control, 9211 Oakdale Avenue, (818) 717-6500.
Background
DOE is preparing the ``Supplemental Environmental Impact Statement
for Remediation of Area IV and the Northern Buffer Zone of the Santa
Susana Field Laboratory'' (SEIS) (DOE/EIS-0402-S1) in accordance with
the National Environmental Policy Act of 1969, as amended (Pub. L. 91-
190,42 United States Code (U.S.C.) 4321 et seq.) (NEPA), the Council on
Environmental Quality's (CEQ) NEPA regulations (40 CFR parts 1500-
1508),\1\ and DOE's NEPA Implementing Procedures (10 CFR part 1021).
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\1\ The DOE is aware of the November 12, 2024, decision in Marin
Audubon Society v. Federal Aviation Administration, No. 23-1067
(D.C. Cir. Nov. 12, 2024). To the extent that a court may conclude
that the CEQ regulations implementing NEPA are not judicially
enforceable or binding on this agency action, the DOE has
nonetheless elected to follow those regulations at 40 CFR parts
1500-1508, in addition to the DOE's procedures/regulations
implementing NEPA at 10 CFR part 1021, to meet the agency's
obligations under NEPA, 42 U.S.C. 4321 et seq.
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Site History. Located on 2,850 acres in the hills between the San
Fernando Valley and Simi Valley, CA, SSFL was established in 1947 by
North American Aviation (NAA) for the development and testing of liquid
propellant rocket engines, first for the U.S. Air Force and
subsequently for the National Aeronautics and Space Administration
(NASA). In 1955, NAA established the subdivision Atomics International
for the purpose of conducting energy research and testing small nuclear
reactors for the Atomic Energy Commission (AEC), a predecessor agency
to DOE, and commercial clients in the western portion of SSFL, also
known as Area IV. Atomics International merged into Rocketdyne in 1984.
In 1996, the Boeing Company (Boeing) acquired part of Rocketdyne, and
with it SSFL.
SSFL is divided into four administrative areas and two contiguous
buffer zones north and south of the administrative areas. Area I
consists of about 714 acres, including 672 acres that are owned and
operated by Boeing and 42 acres that are owned by the Federal
Government and administered by NASA. Area II consists of about 410
acres that are owned by the Federal Government and administered by
NASA. Area III consists of about 120 acres that are owned and operated
by Boeing. Area IV consists of about 290 acres that are owned by Boeing
in which 90 acres have been leased by DOE and its predecessors for work
described below. Boeing also owns contiguous buffer zone areas of 1,143
acres to the south (Southern Buffer Zone) and 182 acres to the north
(NBZ). DOE has no responsibilities for the Southern Buffer Zone as it
adjoins SSFL Areas I, II, and III. DOE does have responsibility for the
cleanup of soils in the 290 acres of Area IV and in the 182-acre NBZ.
Not all of the energy research conducted in Area IV was performed for
DOE. Boeing has
[[Page 105556]]
responsibility for the decontamination and demolition of the buildings
it owns.
Starting in the mid-1950s, the AEC funded nuclear energy research
on a 90-acre parcel of SSFL Area IV leased from Atomics International.
ETEC was established by the AEC on this parcel in the early 1960s as a
``center of excellence'' for liquid metals technology. Boeing and its
predecessors operated ETEC on behalf of DOE. At ETEC, DOE also operated
10 small nuclear reactors built for various research activities. All
SSFL reactor operations ended in 1980, and nuclear research work was
completed in 1988.
Cleanup of ETEC began in the 1960s and was undertaken continually
and as unnecessary facilities were decommissioned. Operation of the
research facilities and reactors resulted in localized radiological and
chemical contamination of soil and groundwater, and the concrete
containment that surrounded the reactors became radioactive. The major
periods of building demolition were 1975 through 1977 and 1995 through
2005, and recently in 2020 through 2021. DOE has removed all nuclear
materials from the site, as well as all above grade portions of its
buildings (a few foundations remain). Prior building demolition and
soil remediation efforts resulted in removal of much of the chemical
and radioactive material from Area IV.
Prior NEPA Reviews: In March 2003, DOE issued an ``Environmental
Assessment for Cleanup and Closure of the Energy Technology Engineering
Center'' (DOE/EA-1345). The purpose and need for agency action was
based on a DOE determination in 1996 that ETEC was surplus to DOE's
needs and that the site should be closed. Based on the results of the
environmental assessment (EA), DOE determined that an EIS was not
required and issued a finding of no significant impact (FONSI). DOE's
FONSI was challenged, and the U.S. District Court for the Northern
District of California's May 2, 2007, ruling in the case Natural
Resources Defense Council v. Department of Energy (Slip Op. 2007 WL
2349288 (N.D. Cal. Aug. 15, 2007)) held that DOE's decision to issue a
FONSI and conduct remediation on the basis of the final EA rather than
prepare an EIS was in violation of NEPA. The court enjoined DOE from
relinquishing control of any portion of SSFL Area IV until DOE
completes an EIS and issues a Record of Decision pursuant to NEPA.
In accordance with CEQ and DOE NEPA implementing regulations (40
CFR parts 1500-1508 and 10 CFR part 1021, respectively), DOE initiated
an EIS in October 2007 by issuing an Advance NOI (72 FR 58834). Public
comments received as a result of the publication of the Advance NOI
aided in the preparation of the 2008 NOI announcing DOE's intent to
prepare an EIS (73 FR 28437). DOE held scoping meetings in July 2008.
DOE soon thereafter determined that additional site characterization
data were needed before DOE could proceed with the EIS.
After the additional site characterization work was completed, DOE
reinitiated the EIS process by issuing an Amended NOI and conduct
additional scoping meetings to allow further public involvement. The
Amended NOI to Prepare an ``Environmental Impact Statement for
Remediation of Area IV of the Santa Susana Field Laboratory'' and
Conduct Public Scoping Meetings (79 FR 7439) was published in the
February 7, 2014, Federal Register. DOE held two scoping meetings in
February and March.
The comments received during the 2008 and 2014 scoping periods were
used in the development of the ``Draft Environmental Impact Statement
for Remediation of Area IV and the NBZ of the Santa Susana Field
Laboratory'' (Draft SSFL Area IV EIS). On January 13, 2017, EPA
published a notice in the Federal Register (82 FR 4336), announcing the
availability of the Draft SSFL Area IV EIS and a public comment period.
During the public comment period, DOE held two public hearings, as well
as a hearing for Native Americans.
On December 28, 2018, EPA published a notice in the Federal
Register (83 FR 67282), announcing the availability of the Final SSFL
Area IV EIS. On September 27, 2019, DOE announced its decision to
implement the preferred alternative for building demolition identified
in the 2018 SSFL Area IV EIS to demolish the 18 buildings it owned in
Area IV of SSFL and dispose of or recycle the materials off site (84 FR
51150). On November 10, 2020 (85 FR 71640), DOE announced its decision
to implement the preferred alternatives for groundwater remediation
identified in the 2018 SSFL Area IV EIS, with the exception of Building
4100/Building 56 Landfill TCE Plume, for which DOE would implement
monitored natural attenuation. DOE has yet to issue a decision on soil
remediation, the subject of this SEIS.
As required by CEQA and the California Health and Safety Code, in
September 2017, California Department of Toxic Substances Control
(DTSC) issued the ``Draft Program Environmental Impact Report for the
Santa Susana Field Laboratory, Ventura County, California'' (Draft
Program EIR) to evaluate proposed remedial actions at SSFL. On June 8,
2023, DTSC released the Final Program EIR for SSFL. According to DTSC's
news release (<a href="https://dtsc.ca.gov/2023/06/08/news-release_t-04-23/">https://dtsc.ca.gov/2023/06/08/news-release_t-04-23/</a>),
the Final Program EIR includes DTSC's analysis of the environmental
impacts from cleanup work at the site, and mitigation measures to
address those impacts, but the Final Program EIR itself does not select
a cleanup standard. The Final Program EIR further provides that the
responsible parties (Boeing, NASA, and DOE) will develop detailed work
plans (characterized as ``decision documents'') that outline the stages
and methods of cleanup and will include cleanup standards. These
documents will be made available for public review and comment prior to
finalization and DTSC approval.
Regulations and Agreements: In 2007, DOE, NASA, Boeing, and DTSC
entered into a Consent Order governing the remediation of soils and
groundwater at SSFL.
In the Consolidated Appropriations Act, 2008 (Pub. L. 110-161),
Congress, among other things, mandated that DOE use a portion of the
funding for ETEC to enter into an interagency agreement with the EPA to
conduct a joint comprehensive radioactive site characterization of Area
IV and the NBZ. Additionally, in 2009, EPA received $38 million in
American Recovery and Reinvestment Act funds from DOE to expand site
characterization work. DOE continued to prepare the EIS while the site
characterization was being completed, gathering information to support
the EIS such as baseline data on traffic and noise. EPA conducted its
background and on-site radionuclide investigation of Area IV and the
NBZ from the summer of 2009 until the fall of 2012. EPA's final data
report for the Area IV and NBZ radiological study was issued in
December 2012. EPA's final data report for the radiological study is
available on the ETEC website at <a href="http://www.energy.gov/etec/epa-characterization-1">www.energy.gov/etec/epa-characterization-1</a>.
In December 2010, DOE and DTSC entered into the Administrative
Order on Consent (2010 AOC), which modifies DOE's obligations with
respect to soil cleanup and provides the process for DOE to complete
soil characterization within Area IV and the NBZ (<a href="https://www.energy.gov/sites/default/files/2023-01/SSFL_DOE_AOC_Final.pdf">https://www.energy.gov/sites/default/files/2023-01/SSFL_DOE_AOC_Final.pdf</a>). The
2010 AOC also describes the process for establishing soil cleanup
standards for Area IV. The 2010 AOC stipulates that the soils cleanup
standard will be local background
[[Page 105557]]
concentrations, subject to specified exceptions and conditions,
including provisions addressing analytical detection limits, endangered
species and habitat, cultural resources, and other unforeseen
circumstances.\2\ The AOC provides a preference for on-site treatment
to minimize transportation of soils. DOE completed the AOC-required
soil sampling and released its data report for the Area IV/NBZ chemical
study in 2014. The most frequently observed chemicals in soils were
polychlorinated biphenyls (from electrical components); polycyclic
aromatic hydrocarbons (from fuels and burning of wastes); dioxins (from
burning of wastes and brush fires); petroleum chemicals (mostly from
diesel fuel and naturally occurring organic materials); mercury (from
electrical components and as heat transfer medium); and metals
(antimony, cadmium, chromium VI, mercury, selenium, and silver). The
results of the EPA soil radiological characterization reports and the
DOE chemical characterization were incorporated into the SSFL Area IV
EIS analyses.
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\2\ The soil cleanup standards (action levels) are to be listed
in a ``Look-up Table'' as not-to-exceed concentrations in the soil.
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In December 2012, EPA provided to DTSC its cleanup value
recommendations to be included in the Look-Up Table (LUT) for
radionuclides, and DTSC released provisional radionuclide Look-Up Table
values in January 2013. In June 2013, DTSC provided Look-Up Table
values for 125 of the most frequently observed chemicals at the site.
The provisional radionuclide LUT values and chemical LUT values are
incorporated into appendix D of the 2018 SSFL Area IV EIS.
Boeing is the landowner of Area IV and the NBZ. In April 2017,
Boeing and North American Land Trust entered into a Grant Deed of
Conservation Easement and Agreement (conservation easement) to
permanently preserve nearly 2,400 acres of land at SSFL, including Area
IV and the NBZ as open space. In November 2017, Boeing and North
American Land Trust entered into a second Grant Deed of Conservation
Easement and Agreement to protect approximately 53 additional acres
along the Southern Buffer Zone of SSFL. The conservation easements are
legally enforceable documents that, among other restrictions, forever
prohibit residential, agricultural, or commercial development or uses
of the site. They permanently bind the property, regardless of who owns
the land.
Purpose and Need for Agency Action
Similar to that described in the 2018 SSFL Area IV EIS DOE needs to
complete remediation of SSFL Area IV and the NBZ to comply with
applicable requirements for cleanup of radiological and hazardous
substances. These requirements include laws, regulations, orders, and
agreements. To this end, DOE proposes to clean up the affected
environment in Area IV and the NBZ in a manner that is protective of
the environment and the health and safety of the public and workers.
Proposed Action
DOE proposes to remediate chemically and radiologically impacted
soil in Area IV and the NBZ; dispose of resulting material; and restore
the affected environment in accordance with applicable laws, orders,
regulations, and agreements with the State of California.
Preliminary Description of Alternatives
In the Final SSFL Area IV EIS, DOE evaluated the No Action
Alternative and four different soil cleanup alternatives. The
previously evaluated soil cleanup alternatives were: (1) Cleanup to the
AOC LUT Values; (2) Cleanup to Revised LUT Values; (3) Conservation of
Natural Resources--Residential Scenario; and (4) Conservation of
Natural Resources Open Space Scenario.
Various conditions warrant the consideration of additional options
for soil cleanup actions. DOE's ongoing environmental review and
assessment of the site identified numerous challenging issues for soil
remediation. For example, the provisional LUT values developed to
define background are not implementable. Backfill soils needed to
restore the site are not available at the established cleanup
standards. The provisional cleanup standards set for some contaminants
are lower than laboratory detection capabilities. The pristine sites
used to develop the provisional look-up-table values would not pass as
clean. Therefore, DOE proposes to evaluate three new soil cleanup
alternatives in the SEIS: (1) Updated LUT Values Alternative, (2)
Multiple Lines of Evidence Alternative, and (3) Resident with Garden
Risk-based Alternative.
These alternatives are being evaluated in the SEIS because they are
reasonable options for cleanup of soil contamination for DOE areas of
responsibility at SSFL.
<bullet> Updated LUT Values Alternative--DOE, working with DTSC
staff, identified issues with the AOC LUT background threshold values
(BTVs) and method reporting limits (MRLs) and DOE developed proposed
``Updated'' LUT values that reduce the false positive decision error
rate. The proposed Updated LUT Alternative would retain the other
provisions of the AOC.
<bullet> Multiple Lines of Evidence Alternative--Looking at options
for addressing issues with AOC soil cleanup implementation, DTSC
developed a soil cleanup option termed the ``Multiple-Lines of
Evidence'' (MLE) approach, which means using different types of proof
to support an idea. The use of MLE makes the argument stronger and more
reliable. US EPA identifies the use of MLE as a best practice in
environmental cleanup. DTSC held public ``Soil Smarts'' workshops on
November 20, 2024, and December 10, 2024, to explain the next phase of
implementing the soil cleanup at SSFL and discuss the MLE approach.
According to DTSC, ``The MLE approach uses risk assessment to ensure
the protection of human health while minimizing unnecessary removal of
clean soil and destruction of critical habitats and cultural
resources.'' DTSC elaborated on the MLE approach: ``[t]he evaluation is
performed on a sample-by-sample basis and does not use any area
averaging'' and ``[u]sing the MLE approach will allow for a cleanup to
local background levels consistent with the AOCs.'' A further
description of DTSC's proposed MLE approach is available at <a href="https://dtsc.ca.gov/wp-content/uploads/sites/31/2024/11/SSFL-Fact-Sheet-5-Unearthing-a-Better-Approach-FINAL.pdf">https://dtsc.ca.gov/wp-content/uploads/sites/31/2024/11/SSFL-Fact-Sheet-5-Unearthing-a-Better-Approach-FINAL.pdf</a>.
<bullet> Resident with Garden Risk-based Alternative--The Boeing
Company and DTSC entered into a settlement agreement (``Boeing
Settlement Agreement'') providing a framework for the soil cleanup
action for Boeing's cleanup at SSFL. According to the Boeing Settlement
agreement, cleanup would be up to and including a resident with garden
scenario. Standard risk assessment protocols would be followed in
identifying locations for a soil cleanup action.
As part of this SEIS, DOE proposes to evaluate the resident with
garden scenario based on the framework from the Boeing Settlement
Agreement, which differs from the resident (without garden) and open
space scenarios assessed in the 2018 SSFL Area IV EIS. In the interest
of evaluating a consistent cleanup standard across the SSFL site and
avoiding challenges associated with disparate standards, the resident
with garden scenario is being addressed in this SEIS as an option for a
soil cleanup
[[Page 105558]]
action within DOE areas of responsibility at SSFL.
A number of alternative concepts were proposed by the public during
the 2018 SSFL Area IV EIS scoping period in 2008, the Community
Alternatives Development Workshops in 2012, and the SSFL Area IV EIS
scoping period in 2014. DOE incorporated most of these concepts into
the alternatives described in the 2018 SSFL Area IV EIS. More detailed
descriptions of these concepts, as well as a discussion of the analysis
undertaken to evaluate each concept and inform DOE's dismissal of some
concepts from detailed study, are provided in the 2018 SSFL Area IV
EIS. DOE will reconsider these alternative concepts as part of the SEIS
development process.
In accordance with CEQ and DOE NEPA Regulations, DOE will also
evaluate a ``no action'' alternative. Under the No Action Alternative,
DOE would undertake no further soil cleanup at SSFL Area IV and the
NBZ. Other DOE and Boeing activities would continue at SSFL Area IV and
the NBZ. As required under NEPA, this alternative is to establish the
baseline against which the environmental effects from other analyzed
alternatives can be compared.
This list of alternatives is preliminary. After public scoping, DOE
will re-evaluate the reasonable alternatives to be analyzed in the
SEIS.
Preliminary Identification of Environmental Issues and Expected Effects
DOE has tentatively identified potential effects to the following
resource areas for consideration in the SEIS. These are the same
resource areas evaluated in the 2018 SSFL Area IV EIS. The following
list is not intended to be all inclusive or to imply any
predetermination of effects.
<bullet> Land Resources including land use, recreation, infrastructure,
and aesthetics and visual quality
<bullet> Geology and Soils including mineral and paleontological
resources
<bullet> Surface Water Resources including floodplains and wetlands
<bullet> Groundwater Resources
<bullet> Biological Resources including vegetation, wildlife, and
threatened, endangered, and rare species
<bullet> Air Quality, Climate Change, and Greenhouse Gas Emissions and
Effects
<bullet> Noise
<bullet> Transportation including from radiological and non-
radiological wastes to disposal sites and clean replacement soil to
SSFL
<bullet> Traffic
<bullet> Human Health and Safety including occupational and public
health and safety, and site accidents including from natural disasters
(floods, hurricanes, tornadoes, and earthquakes) and intentional
destructive acts (sabotage and terrorism)
<bullet> Waste Management
<bullet> Cultural Resources including archeological, paleontological,
and Native American culturally important sites and Consultations
<bullet> Socioeconomics
<bullet> Environmental Justice (potential disproportionate and adverse
effects on communities with environmental justice concerns)
<bullet> Cumulative effects
This list will be re-evaluated following public scoping and, as
directed by the CEQ's NEPA Regulations, DOE will analyze each potential
environmental effect at a level of detail in proportion to its
potential significance (40 CFR 1502.2(b)).
Anticipated Permits, Authorizations, and Related Environmental Reviews
As described in the 2018 SSFL Area IV EIS, DOE areas of Area IV and
the NBZ lie outside the floodplain. Because there are no floodplains,
DOE's regulation 10 CFR part 1022 does not apply with respect to
floodplain actions. Because the proposed project may involve actions in
wetlands, the draft SEIS will include an updated wetland assessment.
Section 106 of the National Historic Preservation Act (NHPA)
requires Federal agencies to take into account the effects of their
undertakings on historic properties. DOE will continue to coordinate
compliance with section 106 during preparation of this SEIS.
Also, DOE will continue formal consultations with the U.S. Fish and
Wildlife Service as required under section 7 of the Endangered Species
Act and begun during preparation of the 2018 SSFL Area IV EIS.
Public Scoping Process
DOE invites interested parties to comment on the scope of this
SEIS, including the proposed action, alternatives, and effects, as well
as on relevant information, studies, or analyses with respect to the
proposed action. This may include environmental issues to be analyzed,
and mitigation to reduce potential environmental effects. Written
comments may be provided by any of the means described under ADDRESSES
section. Oral comments may be provided at the public scoping meetings.
DOE plans to hold two public scoping meetings. Dates, times, and
locations will be announced in local media and posted on the ETEC EIS
website at <a href="https://www.ssflareaiveis.com/">https://www.ssflareaiveis.com/</a> at least 15 days before the
date of the meetings.
Requests to speak at the public meeting should be made by sending
an email to <a href="/cdn-cgi/l/email-protection#1b48485d57445f545e44485e52485b7e76787978357f747e357c746d"><span class="__cf_email__" data-cfemail="beededf8f2e1faf1fbe1edfbf7edfedbd3dddcdd90dad1db90d9d1c8">[email protected]</span></a>. Those who pre-register should
indicate at which meeting they want to speak and their name. Speakers
will be scheduled on a first-come, first-served basis. In addition,
individuals may sign up at the meeting reception desk and will be
accommodated as time permits.
The scoping meetings will offer an opportunity for stakeholders to
learn more about the proposed action from DOE officials and to provide
comments on the proposed scope of the SEIS. DOE officials will provide
a brief presentation explaining DOE's process for identifying
reasonable alternatives and potential environmental effects to be
analyzed in the SEIS. Following the presentation, the public will be
given the opportunity to provide comments orally. A court reporter will
be present to transcribe comments, but speakers are encouraged to
provide written versions of their oral comments for the record. The
presiding officer will establish the order of the speakers and will
ensure that everyone who wishes to speak has a chance to do so. DOE may
need to limit speakers to three minutes initially but will provide
additional opportunities to speak if time allows. Comment cards will
also be available for those who would prefer to submit written
comments. DOE is especially interested in learning from the public any
issues or alternatives that should be considered.
Persons needing reasonable accommodations in order to attend or
participate in the public meeting should contact DOE using one of the
methods listed in ADDRESSES section no later than one week before the
relevant public meeting.
Because your comments will be made public, you are solely
responsible for ensuring that your comments do not include any
confidential information that you or a third party may not wish to be
posted. Pursuant to 10 CFR 1004.11, any person submitting information
that he or she believes to be confidential and exempt by law from
public disclosure should submit via email, postal mail, or hand
delivery/courier two well-marked copies: one copy of the document
marked confidential including all the information believed to be
confidential, and one copy of the document marked non-confidential with
the information
[[Page 105559]]
believed to be confidential deleted. Submit these documents via email.
DOE will make its own determination about the confidential status of
the information and treat it according to its determination.
Comments must be provided by the date provided in the DATES section
of this notice to ensure consideration in preparation of the draft
SEIS. DOE will consider late comments to the extent practicable.
Please be advised that your entire comment--including your personal
identifying information--may be made publicly available. It is DOE's
policy that all comments may be included in the public docket, without
change and as received, including any personal information provided in
the comments (except information deemed to be exempt from public
disclosure). If you wish for DOE to withhold your name and/or other
personally identifiable information, please state this prominently at
the beginning of your comment. You may also submit comments
anonymously.
Cooperating Agencies
Federal, State, local, and Tribal agencies with jurisdiction by law
or special expertise, such as Indigenous Knowledge, are invited to
participate in the preparation of the SEIS as cooperating agencies, as
defined at 40 CFR 1501.8. Native American Tribes are invited to
participate as consulting governments. For the 2018 SSFL Area IV EIS,
there were three cooperating agencies: NASA, the U.S. Army Corps of
Engineers, and the Santa Ynez Band of Chumash Indians (a federally
recognized Native American Tribe with historical ties to the SSFL
land). The EPA and DTSC were also invited to be cooperating agencies
but declined. DOE is inviting these same agencies to participate in
this SEIS as well.
SEIS Process and Schedule
DOE will consider all comments received during the public scoping
period in preparing the draft SEIS. DOE anticipates issuing a draft
SEIS in the winter of 2025-2026. The EPA will publish a notice of
availability of the draft SEIS in the Federal Register, which will
begin a minimum 45-day public comment period. DOE will hold at least
one public hearing, no sooner than 30 days after the EPA notice of
availability is published. DOE will consider comments submitted during
the comment period on the draft SEIS when preparing the final SEIS. DOE
anticipates issuing a final SEIS in the summer of 2026. EPA will issue
a notice of availability of the final SEIS in the Federal Register. DOE
anticipates issuing a record of decision in the fall of 2026 but will
do so no sooner than 30 days from the EPA notice of availability of the
final SEIS in the Federal Register.
Signing Authority
This document of the Department of Energy was signed on December
17, 2024, by Candice Trummell, Senior Advisor for Environmental
Management, pursuant to delegated authority from the Secretary of
Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy.
This administrative process in no way alters the legal effect of
this document upon publication in the Federal Register.
Signed in Washington, DC, on December 19, 2024.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-30795 Filed 12-26-24; 8:45 am]
BILLING CODE 6450-01-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.