[Federal Register Volume 73, Number 96 (Friday, May 16, 2008)]
[Notices]
[Pages 28437-28441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11033]


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DEPARTMENT OF ENERGY


Notice of Intent To Prepare an Environmental Impact Statement for 
Remediation of Area IV 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 an Environmental Impact Statement 
and Conduct Public Scoping Meetings.

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SUMMARY: The Department of Energy (DOE) announces its intent to prepare 
an Environmental Impact Statement (EIS) and conduct public scoping 
meetings under the National Environmental Policy Act (NEPA) for 
remediation of Area IV of the Santa Susana Field Laboratory (SSFL Area 
IV). The SSFL, approximately 2,852 acres in the hills between 
Chatsworth and Simi Valley, CA, was developed as a remote site to test 
rocket engines and conduct nuclear research. Area IV was established at 
the SSFL in 1953 and occupies 290 acres of the SSFL. The DOE Energy 
Technology Engineering Center (ETEC) is located on 90 acres within SSFL 
Area IV.
    DOE is preparing the EIS in part as a response to a May 2, 2007, 
decision by the U.S. District Court of Northern California that DOE was 
in violation of NEPA for its 2003 decision to issue a Finding of No 
Significant Impact (FONSI), and to conduct remediation of the ETEC 
site, on the basis of an environmental assessment (EA) rather than an 
EIS.
    DOE recognizes the need to follow the NEPA process and will 
evaluate the range of reasonable alternatives for remediation of SSFL 
Area IV. DOE will evaluate alternatives for disposition of radiological 
facilities and support buildings, remediation of the affected 
environment, and disposal of all resulting waste at existing, approved 
sites. DOE will consider the cumulative impacts from exposure to 
chemical and radiological constituents in SSFL Area IV from future land 
uses.
    DOE invites public comment on the scope of this EIS during a 
scoping period that will end August 14, 2008. During this period, DOE 
officials will conduct public scoping meetings in the region 
surrounding the SSFL and in Sacramento, California, to provide the 
public and other stakeholders with an opportunity to comment on the 
scope of the EIS. DOE recognizes the value of the public's 
perspectives, and will inform, involve, and interact with the public 
during all phases of the EIS process.
    DOE is issuing this Notice of Intent (NOI) in order to inform and 
request comments and assistance from Federal and state agencies, state 
and local governments, Tribal Nations, natural resource trustees, the 
general public, and other interested parties on the appropriate scope 
of the EIS, alternatives, environmental issues, and the environmental 
impacts related to DOE's remediation activities for SSFL Area IV. DOE 
invites those agencies with jurisdiction by law or special expertise to 
be cooperating agencies.

DATES: The public scoping period starts May 16, 2008 and will continue 
until August 14, 2008. DOE will consider all comments received or 
postmarked by August 14, 2008, in defining the scope of this EIS. 
Comments received or postmarked after that date will be considered to 
the extent practicable.

[[Page 28438]]


ADDRESSES: Public scoping meetings will be held to provide the public 
with an opportunity to present comments on the scope of the EIS and to 
learn more about the proposed action from DOE officials. Public scoping 
meetings will be held at the following locations on the following days 
and times:
     Simi Valley, California: Grand Vista Hotel, 999 Enchanted 
Way, July 22, 2008, 2 p.m. to 4 p.m. and 6:30 p.m. to 9:30 p.m.;
     Northridge, California: World Vision Church, 19514 Rinaldi 
Street, July 23, 2008, 2 p.m. to 4 p.m. and 6:30 p.m. to 9:30 p.m.; and
     Sacramento, California: Sacramento Central Library, 828 I 
Street, July 24, 2008, 2 p.m. to 4 p.m. and 6:30 p.m. to 9:30 p.m.
    Written comments on the scope of the EIS should be sent to: Ms. 
Stephanie Jennings, NEPA Document Manager, U.S. Department of Energy, 
P.O. Box 10300, Canoga Park, CA 91309, Express Mail Delivery Address: 
5800 Woolsey Canyon Road, Canoga Park, CA 91304, telephone number: 818-
466-8162, fax: 818-466-8730, or e-mail to 
[email protected] (use ``Scoping comments'' for the 
subject).
    All comments whether offered in person at the scoping meeting, or 
in writing as described above will be considered.

FOR FURTHER INFORMATION CONTACT: To request further information about 
this EIS or about the public scoping activities, or to be placed on the 
EIS distribution list, use any of the methods (mail, express mail, fax, 
telephone, or e-mail) listed under ADDRESSES above. For general 
information concerning the DOE NEPA process, contact Carol Borgstrom, 
Director, Office of NEPA Policy and Compliance (GC-20), U.S. Department 
of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0119, e-
mail to: [email protected], telephone: 202-586-4600, leave a message 
at 1-800-472-2756, or fax: 202-586-7031.
    This NOI will be available on the internet at: http://www.eh.doe.gov/NEPA and at http://www.etec.energy.gov, click on the 
Area IV EIS link on the toolbar. Further information about SSFL Area IV 
can be found at http://www.etec.energy.gov and click on the SSFL Area 
IV EIS link in the toolbar.
    Reading rooms with information about the SSFL Area IV are available 
to the public and are located in:
     Simi Valley, California: Simi Valley Library, 2969 Tapo 
Canyon Road, (805) 526-1735;
     Woodland Hills, California: Platt Branch Library, 23600 
Victory Blvd., (818) 340-9386; and
     Northridge, California: California State University 
Northridge Oviatt Library, 2nd Floor, Room 265, (818) 677-2285.

SUPPLEMENTARY INFORMATION:

Background

    SSFL, located on approximately 2,852 acres in the hills between 
Chatsworth and Simi Valley, CA, was developed as a remote site to test 
rocket engines and conduct nuclear research. The Atomics International 
Unit of Rockwell International's Canoga Park-based Rocketdyne Division 
began testing in 1947. An estimated 17,000 open-air rocket tests that 
supported the space program were conducted at the site. In 1996, 
Rockwell International sold its aerospace and defense business, 
including the SSFL, to The Boeing Company (Boeing).
    SSFL is divided into four administrative areas, Areas I, II, III, 
and IV, and two undeveloped land areas. Area I consists of about 713 
acres, including 671 acres that are owned and operated by Boeing and 42 
acres that are owned by the National Aeronautics and Space 
Administration (NASA) and operated for it by Boeing. Area II consists 
of about 410 acres that are owned by NASA and operated for it by 
Boeing. Area III consists of about 114 acres that are owned and 
operated by Boeing. Area IV consists of about 290 acres that are owned 
by Boeing, a portion of which it operated for the DOE. Boeing also owns 
a contiguous undeveloped land area of 1,143 acres to the south and a 
contiguous undeveloped land area of 182 acres to the north.
    Starting in the mid-1950s, the Atomic Energy Commission (AEC), a 
predecessor agency of DOE, funded nuclear energy research on a 90-acre 
parcel of SSFL Area IV leased from Rocketdyne. ETEC was established by 
the AEC on this parcel in the early 1960s as a ``center of excellence'' 
for liquid metals technology.
    A total of 10 small reactors were built for various research 
activities over the years of operation. The most notable of the 
reactors was the Sodium Reactor Experiment (SRE). SRE was an 
experimental development-stage sodium-cooled nuclear reactor that 
operated from April 1957 to February 1964 at the SSFL. SRE was the 
first commercial nuclear power plant to provide electricity to the 
public (powering the City of Moorpark in 1957). An accident occurred at 
the SRE in July 1959 when there was an accidental blockage of sodium 
coolant in some of the reactor coolant channels resulting in the 
partial melting of the fuel cladding in 13 of the 43 reactor fuel 
assemblies. Radioactive gases from the accident were contained within 
the facility. Over a period of two months, the gases were vented and 
released to the atmosphere. The controlled releases were always below 
those levels allowed by requirements in existence both then and today. 
Following cleanup, the facility was refueled, brought back online, and 
operated until February 1964. All SSFL reactor operations ended in 1980 
and nuclear research work was completed in 1988. Cleanup of ETEC began 
in the 1960s and was performed in an ongoing manner as unnecessary 
facilities were decommissioned.
    In March 2003, DOE issued an Environmental Assessment for Cleanup 
and Closure of the Energy Technology Engineering Center, DOE/EA-1345. 
Based on the results of the EA, DOE determined that an EIS was not 
required and issued a FONSI in March 2003.
    Comments on the Environmental Assessment were received by DOE from 
Federal and State agencies, elected officials, and from local community 
members. The comments addressed the following concerns:
    U.S. Environmental Protection Agency, Region 9 (EPA) said that the 
EA did not clearly identify the decisions that were to be made, how 
those decisions related to each other, or how or when the decisions 
would be made. EPA also expressed concern that the conclusions reached 
by DOE in the EA were based upon inadequate standards and information. 
EPA stated: ``* * * that the [Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA)] process should be used to 
evaluate and select a cleanup alternative.''
    EPA and the State of California Department of Toxic Substances 
Control (DTSC) criticized the Rocketdyne survey of radiological 
contamination, which the EA relied upon, as being insufficient for not 
addressing multiple exposures to radiological contamination, 
contamination through combinations of radiological and chemical 
contamination, and contamination from different radionuclides. They 
also expressed concern that there was no plan to examine SSFL Area IV 
beyond the 90 acres of ETEC, that groundwater contamination was not 
addressed, and that there was a failure to address past releases of 
contamination.
    The City of Los Angeles and local community members expressed 
concern that DOE did not adequately consider the effects of releases 
and remediation on the surrounding communities.

[[Page 28439]]

Senator Barbara Boxer expressed concern with proposed waste disposal 
methods and with the intention to leave a substantial amount of 
radioactive soil in place. The Committee to Bridge the Gap criticized 
DOE for assuming the site would be suitable in the future for 
residential development. Local community members were concerned with 
what DOE proposed as an acceptable rate of increased cancer risk.
    DOE is now preparing an SSFL Area IV EIS in response to the U.S. 
District Court of Northern 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), which held that DOE's decision to 
issue a FONSI and conduct cleanup and closure on the basis of DOE/EA-
1345 was in violation of NEPA. The Court ordered DOE to prepare an EIS 
for SSFL Area IV in accordance with NEPA. The Court further prevented 
the DOE from transferring ownership or possession, or otherwise 
relinquishing control over any portion of SSFL Area IV, until DOE 
completes the EIS and issues a Record of Decision pursuant to NEPA. In 
response to requests from DTSC and the California Congressional 
delegation, DOE suspended the physical demolition and removal 
activities for the remaining facilities at ETEC, except for those 
activities necessary to maintain the site in a safe and stable 
configuration. DOE will continue surveillance, maintenance, and 
environmental monitoring, including soil and groundwater 
characterization required under the Resource Conservation and Recovery 
Act (RCRA), the California Health and Safety Code section 25187, and 
DOE Orders, while it prepares the EIS.
    In addition to the investigation and evaluation of individual soils 
contamination areas under the requirements of RCRA, DOE, Boeing and 
NASA also are required to investigate and evaluate the groundwater for 
development of potential cleanup or interim actions. The EIS will 
address groundwater contamination and contributors to the contamination 
related to Area IV. All prior and currently planned interim corrective 
action activities under the DTSC administered Consent Order are located 
outside of Area IV and will be evaluated to determine if any impact on 
the groundwater plumes within Area IV exist.
    In August 2007, DTSC issued a RCRA Consent Order to DOE, NASA, and 
Boeing (as respondents) pursuant to its authority over hazardous waste 
under the California Health and Safety Code section 25187. This Order 
requires the respondents to clean up all chemically-contaminated soils 
at SSFL by 2017 or earlier, provides the option for DTSC to require 
additional work to be conducted offsite of SSFL Area IV to assess air, 
soil, and water contamination and requires the preparation of an 
Environmental Impact Report (EIR), pursuant to the California 
Environmental Quality Act (CEQA). DTSC may use information in the EIS 
in its preparation of the EIR.
    DOE issued an Advance Notice of Intent (ANOI), 72 FR 58834 (October 
17, 2007), to prepare an EIS for SSFL Area IV and to conduct Public 
Involvement Activities in order to inform and request early comments 
and assistance. Informal discussions resulting from publication of the 
ANOI with both members of the public and other stakeholders aided in 
the development of this NOI.
    DOE has conducted interviews with interested parties. The purpose 
of these interviews was to learn about concerns with the proposed 
remediation of SSFL Area IV as well as the public's preferences for 
being involved during the development of the EIS. This broad cross 
section of individuals includes neighbors of the SSFL, individuals who 
have been active in previous SSFL actions, former employees, elected 
and appointed local, state, and Federal officials, representatives of 
local and national environmental groups, members of local neighborhood 
associations, organizations, and the business community. This sampling 
of a wide range of perspectives is enhancing the development of future 
public involvement activities. The report of these interviews and 
associated recommendations for improvements in public involvement 
activities will be posted on the Web site listed in the FOR FURTHER 
INFORMATION SECTION of this NOI.
    In October 2007, California Senate Bill 990 (SB 990) was signed 
into law. SB 990 requires the DTSC to certify that the SSFL has been 
completely remediated so that the cumulative risk of exposure from 
residual chemical and radiological contamination does not exceed a risk 
range premised on future land use of either suburban or rural 
residential. Until this certification is completed, the land at SSFL 
cannot be transferred or sold.
    In December 2007, the EPA announced the results of a Hazard Ranking 
Survey it had conducted at SSFL beginning in Spring 2007. Although EPA 
could not reveal the final score, EPA indicated that the score exceeded 
the threshold for listing SSFL on the National Priority List for 
cleanup under CERCLA. Consequently, EPA sent a letter dated December 6, 
2007, to the Governor of California requesting his concurrence in the 
listing. In response, the California Environmental Protection Agency, 
in a letter dated January 15, 2008, asked that EPA defer for six months 
the decision regarding whether to propose listing for this site. EPA 
Region 9 agreed to defer listing SSFL until July 2008.
    As part of the FY 2008 appropriations, Congress mandated that DOE 
shall use a portion of the funding for ETEC to enter into an 
interagency agreement (IAG) with EPA to conduct a joint comprehensive 
radioactive site characterization of Area IV and ensure that all 
aspects of the cleanup of the radioactive contamination comply fully 
with CERCLA. DOE and EPA are negotiating the terms of the IAG, and the 
associated scope of the site characterization.
    DOE is collecting updated information that it will incorporate into 
the EIS analysis. A data gap analysis was conducted to evaluate the 
usability and acceptability of existing data, and to identify any 
additional data that may be needed to support the EIS. Results of the 
data gaps analysis will be shared with interested parties in June 2008, 
and will also be made available on the Web site (http://www.etec.energy.gov, click on Area IV EIS in the toolbar) . A follow-on 
field analysis and sampling plan will be developed and will also be 
shared with interested parties in August 2008. Dates, locations and 
times for these workshops on the draft gap analysis and availability of 
the subsequent draft sampling and analysis plans will be announced 
through the site mailing list, the local media, and on the Web site. 
The draft gap analysis, field analysis, and sampling plans will all be 
available in the public reading rooms listed above. Printed copies of 
documents may be obtained from Ms. Jennings at the location listed in 
the above ADDRESSES section.

Purpose and Need for Agency Action

    DOE needs to complete remediation of SSFL Area IV to comply with 
applicable requirements and for radiological and hazardous 
contaminants.

Alternatives

    In the EIS, DOE will describe the statutory and regulatory 
requirements for each remediation alternative and whether legislation 
or regulatory modifications may be needed to implement the alternative 
under consideration. The EIS will present the health and environmental 
consequences

[[Page 28440]]

of the alternatives in comparative form to provide a clear basis for 
informed decision making. In summary, DOE proposes to evaluate the 
alternatives listed below:
     Alternative 1: No Action--This alternative involves the 
cessation of all DOE management and oversight of SSFL Area IV. The 
buildings would remain and would not be monitored or maintained. 
Unmitigated natural processes, including erosion, groundwater transport 
of contamination and concrete degradation, would be assumed to occur. 
The purposes of evaluating this alternative are to establish the 
baseline against which the environmental impacts from all other 
alternatives are compared and to justify the proposed action. NEPA 
regulations require analysis of a no action alternative.
     Alternative 2: No further cleanup or disposition of 
buildings and no remediation of contaminated media at SSFL Area IV--DOE 
would continue environmental monitoring and maintain security of SSFL 
Area IV.
     Alternative 3: Onsite Containment at SSFL Area IV--
Containment onsite of buildings, wastes, radiological and chemical 
contaminants, aligned with potential future land use scenarios 
including, but not limited to, agricultural, residential, and open 
space.
     Alternative 4: Offsite Disposal of SSFL Area IV 
Materials--Demolition of buildings, removal of contaminated media 
aligned with potential future land use scenarios including, but not 
limited to, agricultural, residential, and open space. Transportation 
of non-radiological wastes to approved disposal or treatment facilities 
and radiological wastes to an approved out-of-state disposal facility.
     Alternative 5: Combination On-Site/Off-Site Disposal 
Alternative for SSFL Area IV--Demolition of buildings, on-site 
containment of contaminated media aligned with potential future land 
use scenarios including, but not limited to, agricultural, residential, 
and open space. Transportation of non-radiological wastes from building 
demolition to approved disposal or treatment facilities and 
radiological waste from building demolition to an approved, out-of-
state disposal facility.
    These preliminary alternatives will be refined and further 
developed as part of the scoping process through public and other 
stakeholder input.

Preliminary Environmental Impacts for Analysis

    DOE has tentatively identified the following environmental impacts 
for analysis in the SSFL Area IV EIS. This list is presented to 
facilitate comment during the public involvement activities on the 
scope of the EIS. These impacts include:
     Potential health and safety impacts to the general 
population, and to workers, and to the environment from radiological 
and non-radiological releases;
     Potential transportation impacts from the shipment of 
radiological and non-radiological wastes to disposal sites;
     Potential impacts from accidents that might occur (e.g., 
accidents associated with removal and transportation of contaminated 
media);
     Potential impacts from intentional destructive acts;
     Land use impacts;
     Socioeconomic impacts;
     Impacts to ecological resources (endangered and protected 
species [Braunton's milk-vetch, Santa Susana tarplant, Southern 
California black walnut, Mariposa lily, Coast Horned Lizard], 
floodplain and wetlands);
     Cultural, historical and paleontological resources 
impacts;
     Irretrievable and irreversible commitment of resources;
     Potential disproportionately high and adverse effects on 
low-income and minority populations (environmental justice); and
     Cumulative impacts from radiological and non-radiological 
contamination both onsite and offsite of SSFL Area IV, and from both 
radiological and non-radiological contaminants.

Preliminary Identification of Issues

    The following issues have been tentatively identified for 
consideration in the EIS. This list is not intended to be all-
inclusive, but is presented to facilitate public comment during the 
public scoping period:
     Best methods to obtain accurate information on 
radiological and hazardous contamination;
     Compliance with applicable Federal, state and local 
requirements;
     Long-term stewardship and institutional controls; and
     Mitigation measures to avoid or mitigate potentially 
significant environmental impacts.

Scoping Process

    DOE issued an Advance Notice of Intent (ANOI), 72 FR 58834 (October 
17, 2007), to prepare an EIS for SSFL Area IV and to conduct public 
involvement activities in order to inform and request early comments 
and assistance. Informal discussions resulting from publication of the 
ANOI with both members of the public and other stakeholders aided in 
the development of this NOI.
    DOE is issuing the NOI, pursuant to 40 CFR 1501.7 and 10 CFR 
1021.311, in order to inform and request comments and assistance from 
Federal and state agencies, state and local governments, natural 
resource trustees, the general public, and other interested parties on 
the scope of the EIS, environmental issues, alternatives to be 
analyzed, and the potential environmental impacts related to DOE's 
potential activities at this site. The NOI is also being issued to 
notify the public and other stakeholders of the scoping meetings to be 
held as described. In addition, DOE will provide progress updates to 
the public and other stakeholders throughout all phases of the EIS 
process.
    DOE will consult with appropriate Federal and state agencies 
regarding the environmental and regulatory issues germane to the 
proposed remediation alternatives for analysis in the EIS and the 
environmental issues to be analyzed. DOE invites those agencies with 
jurisdiction by law or special expertise to be cooperating agencies.
    Public scoping meetings will be held at the locations and times 
listed in the ADDRESSES section of this Notice.
    DOE will designate a presiding officer for the scoping meetings. At 
the opening of each meeting, the presiding officer will announce 
procedures necessary for the conduct of the meeting. At the beginning 
of the scoping meetings, a brief presentation by DOE officials will be 
given explaining DOE's proposed approach to alternatives, issues to be 
addressed, and impacts that will be analyzed in the EIS. This 
presentation will be followed by a question and answer session. 
Following the question and answer session, the public will be given the 
opportunity to provide comments orally. This part of the scoping 
meetings will not be conducted as an evidentiary hearing, and there 
will be no questioning or cross-examination of the speakers. DOE 
personnel, however, may ask for clarifications to ensure that they 
fully understand the comments and suggestions. 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. Oral comments will be 
limited in duration at the discretion of the presiding officer based on 
the number of commenters and the time available. DOE is especially 
interested in learning from the public any additional issues or 
alternatives that should be considered. Comment cards will also be 
available for those who would prefer to submit written

[[Page 28441]]

comments. Persons who wish to speak may sign up to speak before each 
meeting at the reception desk. Oral and written comments will be 
considered equally in the preparation of the EIS. See the ADDRESSES 
section of this Notice for the times and locations of these meetings.
    DOE will make transcripts of the scoping meetings and other 
environmental and SSFL Area IV related materials available for public 
review in the reading rooms listed in the FOR FURTHER INFORMATION 
CONTACT [section of this Notice]. This information will also be 
available through the project web site at http://www.etec.energy.gov, 
click on Area IV EIS in the toolbar.

Draft EIS Schedule and Availability

    DOE will provide a public comment period of at least 45 days from 
the publication of the EPA's Notice of Availability (NOA) of the Draft 
EIS in the Federal Register and will hold at least one public hearing. 
DOE will separately announce in the Federal Register and local media 
information on the public hearings schedule and location. DOE expects 
to issue the Draft EIS in early 2009. Comments on the Draft EIS will be 
considered and addressed in the Final EIS, which DOE anticipates 
issuing in the fall 2010. DOE will issue a Record of Decision no sooner 
than 30 days from EPA's NOA of the Final EIS.

    Issued in Washington, DC, on May 13, 2008.
Ines R. Triay,
Acting Assistant Secretary for Environmental Management.
 [FR Doc. E8-11033 Filed 5-15-08; 8:45 am]
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