[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54279-54281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26030]


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DEPARTMENT OF ENERGY


National Study on Long-Term Stewardship Activities and Issues

AGENCY: Department of Energy (DOE).

ACTION: Notice of intent to prepare a study on long-term stewardship.

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SUMMARY: The Department of Energy (DOE) is preparing a national study 
on long-term stewardship to examine the institutional and programmatic 
issues facing DOE as it completes the environmental cleanup program at 
its sites. The study, which will incorporate input from the public, is 
being prepared to comply with the terms of a settlement agreement that 
resolved a lawsuit brought against DOE by the Natural Resources Defense 
Council and other plaintiffs. DOE invites the general public, other 
Federal agencies, Native American Tribes, state and local governments, 
and all other interested parties to comment on the scope of the study.

DATES: The scoping period will extend to January 4, 2000.

ADDRESSES: Comments may be submitted in writing to: Steven Livingstone, 
Project Manager, U.S. Department of Energy, PO Box 45079, Washington, 
DC 20026-5079; Or electronically at www.em.doe.gov/lts or to 
Steven.L[email protected]; Or by fax at 202-586-4314.

FOR FURTHER INFORMATION CONTACT: James D. Werner, Program Director, or 
Steven Livingstone, Project Manager, Office of Strategic Planning and 
Analysis (EM-24), Office of Environmental Management, U.S. Department 
of Energy, 1000 Independence Avenue, SW, Washington, DC 20585-0119, 
phone: 202-586-9280, fax: 202-586-4314.

SUPPLEMENTARY INFORMATION: DOE is preparing a national study on the 
possible consequences of long-term stewardship according to the terms 
of a

[[Page 54280]]

settlement agreement that resolved a lawsuit brought against DOE by the 
Natural Resources Defense Council and 38 other plaintiffs (Natural 
Resources Defense Council, et al. v. Richardson, et al., Civ. No. 97-
936 (SS) (D.D.C. Dec. 12, 1998)). The study, which will incorporate 
input from the public, will examine the institutional and programmatic 
issues facing DOE as it completes the environmental cleanup program at 
its sites. The settlement agreement states that, ``in the study, DOE 
will discuss, as appropriate, alternative approaches to long-term 
stewardship and the environmental consequences associated with those 
alternative approaches.'' Long-term stewardship, under the agreement, 
refers to:

the physical controls, institutions, information and other 
mechanisms needed to ensure protection of people and the environment 
at sites where DOE has completed or plans to complete ``cleanup'' 
(e.g., landfill closures, remedial actions, removal actions, and 
facility stabilization). This concept of long-term stewardship 
includes, inter alia, land-use controls, monitoring, maintenance, 
and information management.

Goals

    The goal of the study on long-term stewardship is to inform 
decision-makers and the public about the long-term stewardship issues 
and challenges facing DOE, and the potential options for addressing 
these issues.
    The study will:
     Describe DOE's long-term stewardship responsibilities, the 
status of current and ongoing stewardship obligations, activities and 
initiatives, and the plans for future activities.
     Analyze the national issues that DOE needs to address in 
planning for and conducting long-term stewardship activities.
     Promote information exchange on long-term stewardship 
among DOE, Tribal nations, state and local governments, and private 
citizens.
    The study is not intended to:
     Be a National Environmental Policy Act (NEPA) document or 
its functional equivalent.
     Identify or address site-specific issues, except as 
examples in the context of presenting national issues.
     Address issues specific to nuclear stockpile stewardship, 
other activities related to national security, or the Central Internet 
Database required by the settlement agreement.

Long-Term Stewardship Study Development Process

    According to the terms of the settlement agreement, DOE will follow 
the President's Council on Environmental Quality (CEQ) procedures for 
public scoping, 40 CFR 1501.7(a)(1)-(2), even though this study will 
not be a NEPA document or its functional equivalent. This process will 
provide DOE with input about the topics and issues that should be 
included in the study, within the general parameters established by the 
settlement agreement. Scoping includes opportunities for interested 
parties to learn about the goals of the study, comment on what issues 
or topics the study should consider, and discuss key elements of the 
study with DOE staff. DOE will consider all relevant comments and 
suggestions in developing the scope of the study. Once the scoping 
process is completed, DOE will make publicly available a summary 
document describing how comments were considered. To ensure 
consideration in the preparation of the study, scoping comments should 
be transmitted or postmarked by the date indicated at the beginning of 
this Notice. Comments submitted after that date will be considered to 
the extent practicable. DOE encourages the public to submit comments 
through an Internet Web Site (www.em.doe.gov/lts), as this will provide 
an opportunity for commentors to track the progress of their comments 
on the Web Site. All comments received will be made available for 
review on the Web Site.
    DOE is conducting a public scoping workshop from 8:30 a.m.-11:30 
a.m., October 28, 1999 at the Oak Ridge Mall, Community Room, 333 Main 
Street, Oak Ridge, Tennessee, 37830 to provide an opportunity for 
information exchange and constructive discussions between DOE and 
interested parties on the types of issues DOE should examine in the 
long-term stewardship study. This workshop is scheduled to coincide 
with a related meeting on October 26-27, 1999 for site-specific 
advisory boards focusing on long-term stewardship. At this workshop, 
DOE staff will discuss the objectives of the study and the study 
process, describe how public input will be incorporated into the study, 
and address questions. The facilitated workshop will provide for 
interaction among participants so as to promote full and open 
discussion. Any member of the public desiring further information 
concerning the workshop on the long-term stewardship study can contact 
James D. Werner or Steven Livingstone at the address and phone numbers 
provided above.
    In addition to this workshop, DOE is pursuing opportunities to 
inform the public about the study and the scoping process. These will 
include using existing forums and entities, such as the Environmental 
Management Advisory Board, Site-Specific Advisory Boards, and State and 
Tribal Governments Working Group, and other stakeholder organizations 
examining issues which relate to issues to be examined in the study.
    Based on the results of the scoping process, DOE will prepare a 
draft study that will be released for public comment. We anticipate 
issuing a draft study in Spring 2000. The public review process for the 
study will meet certain DOE requirements for public review, 10 CFR 
1021.313, made applicable under the terms of the settlement agreement. 
This process is intended to allow public comment on the draft study 
that DOE will use to complete the final study. DOE will issue a Notice 
of Availability describing the public review process for the draft 
study. A public comment period will extend for no less than 45 days 
after publication of the draft study. DOE will prepare a final study, 
including a comment response summary document, for release to the 
public.

Background

    In the last decade, DOE has made significant progress in its 
cleanup program to reduce risks and ``mortgage'' costs for maintaining 
safe conditions at its sites. DOE's experience in planning and 
completing cleanups has demonstrated that cleanup to levels acceptable 
for unrestricted use will not be accomplished at many 
sites.1 Residual contamination, buried waste, and other 
hazards may remain at sites after cleanup is completed for several 
reasons:
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    \1\ Estimating the Cold War Mortgage: The 1995 Baseline 
Environmental Management Report (Volumes 1 & 2), March 1995, DOE/EM-
0232. The 1996 Baseline Environmental Management Report (Volumes 1, 
2, & 3), June 1996, DOE/EM-0290. Accelerating Cleanup: Paths to 
Closure, June 1998, DOE/EM-0362.
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     Technical and Economic Limitations--There are a number of 
situations where no acceptable remediation strategy exists because of 
the type of contaminant and/or its location. Even when current 
remediation technologies can restore sites and facilities to conditions 
suitable for unrestricted use, the cost of doing so may be prohibitive.
     Worker Health and Collateral Ecological Impacts--In 
determining the remediation approach for particular sites, it is 
necessary to balance the short-term risk to workers with the potential 
longer-term risk to the general public and the environment. In 
addition, there are situations where remedial actions would result in 
significantly greater

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ecological damage than if the contaminated site was left undisturbed.
    Whenever site cleanup does not result in the site's release for 
unrestricted use, DOE anticipates that long-term stewardship will be 
necessary.

Related Information

    DOE is developing a background document, From Cleanup to 
Stewardship, A Companion Report to `Paths to Closure' and Background 
Information to Support the Scoping Process Required for the 1999 PEIS 
Settlement Study that provides the best available information on DOE's 
long-term stewardship obligations, activities, and related issues. This 
background document may assist persons interested in submitting scoping 
comments by providing a basis for more informed discussion of 
stewardship needs, and the potential links between existing and future 
cleanup decisions (such as risks, costs, technologies, and future land 
use) and the level of effort required to conduct long-term stewardship 
activities. The primary source of information and assumptions about DOE 
sites is the data set used to develop the 1998 Accelerating Cleanup: 
Paths to Closure report. DOE is using this information to identify 
sites where contaminated facilities, water, soil, and/or engineered 
units would likely remain after cleanup is complete, and to estimate 
the scope of long-term stewardship activities needed. The background 
document is anticipated to be available this month. When available, 
copies of the background document or other related information can be 
obtained by contacting:
     The Internet Web Site at www.em.doe.gov/lts, which 
contains information on long-term stewardship related issues produced 
by DOE and outside sources.
     The Center for Environmental Management Information, 955 
L'Enfant Plaza, North, SW, Suite 8200, Washington, DC 20024, 1-800-736-
3282 (``1-800-7EM-DATA''), in DC, 202-863-5084.
     DOE Reading Rooms (for locations of the DOE Reading Rooms 
or other public information repositories containing background 
information, please contact the Center for Environmental Management 
Information at the above address and telephone).

    Signed in Washington DC, this 30th day of September, 1999.
James D. Werner,
Director, Office of Strategic Planning and Analysis, Office of 
Environmental Management.
[FR Doc. 99-26030 Filed 10-5-99; 8:45 am]
BILLING CODE 6450-01-P