[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Notices]
[Pages 47362-47366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17054]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration


Notice of Intent To Prepare a Site-Wide Environmental Impact 
Statement for Continued Operation of the Lawrence Livermore National 
Laboratory

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Notice of intent.

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SUMMARY: The National Nuclear Security Administration (NNSA), a semi-
autonomous agency within the United States (U.S.) Department of Energy 
(DOE), announces its intent to prepare a Site-Wide Environmental Impact 
Statement (SWEIS) for the Lawrence Livermore National Laboratory (LLNL 
or Laboratory) in Livermore, California (LLNL SWEIS). The LLNL SWEIS 
will be prepared by NNSA's Livermore Field Office (LFO) and analyze the 
potential environmental impacts of the Proposed Action, other 
reasonable alternatives that may be identified, and the No Action 
Alternative for continuing operations of LLNL for approximately the 
next 15 years. The continued operation of LLNL is critical to NNSA's 
Stockpile Stewardship Program, to preventing the spread and use of 
nuclear weapons worldwide, and to many other areas that may impact 
national security and global stability. The Proposed Action Alternative 
will include continued operations and foreseeable new and/or modified 
operations/facilities to address aging infrastructure concerns at LLNL. 
The purpose of this Notice is to invite public participation in the 
process and to encourage public involvement on the scope and 
alternatives that should be considered.

DATES: The public scoping period begins with the publication of this 
Notice in the Federal Register and continues until September 21, 2020. 
Comments received after this date will be considered to the extent 
practicable. NNSA will hold one public scoping meeting for the proposed 
LLNL SWEIS as follows:
    In light of recent public health concerns, NNSA will be hosting an 
internet-based, virtual public scoping meeting in place of an in-person 
meeting. The date of the meeting will be provided in a future notice 
posted on the following website: https://www.energy.gov/nnsa/nnsa-nepa-reading-room. NNSA will hold the meeting no earlier than 15 days from 
the posting of the notice. Public scoping meeting details will also be 
announced in local media outlets.

ADDRESSES: NNSA invites other Federal and state agencies, state and 
local governments, Native American tribes, industry, other 
organizations, and members of the public to submit comments to assist 
in identifying environmental issues and in determining the appropriate 
scope of the LLNL SWEIS. Written and oral comments will be given equal 
weight and NNSA will consider all comments received or postmarked by 
the end of the comment period in preparing the Draft LLNL SWEIS. 
Comments received or postmarked after the comment period will be 
considered to the extent practicable. Written comments on the scope of 
the LLNL SWEIS or requests for information related to the LLNL SWEIS 
should be sent to: Ms. Fana Gebeyehu-Houston, NEPA Document Manager, 
National Nuclear Security Administration, Livermore Field Office, 7000 
East Avenue, L-293, Livermore, CA 94550-9234 or email to: 
[email protected]. Before including your address, phone number, 
email address, or other personally identifiable information in your 
comment, please be advised that your entire comment--including your 
personally identifiable information--may be made publicly available. If 
you wish for NNSA 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.
    Information related to the online scoping meeting, including 
internet and telephone access details, and instructions on how to 
participate will be available at the following website: https://www.energy.gov/nnsa/nnsa-nepa-reading-room and announced in local media 
outlets.

FOR FURTHER INFORMATION CONTACT: For further information about this 
Notice, please contact Ms. Fana Gebeyehu-Houston, NEPA Document 
Manager, National Nuclear Security Administration, Livermore Field 
Office, 7000 East Avenue, L-293, Livermore, CA 94550-9234; phone: 833-
778-0508; or email to: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    LLNL has been in existence for 68 years, has an annual budget of 
approximately $2.2 billion and employs approximately 8,000 people. LLNL 
consists of two federally-owned sites: A 770-acre site in Livermore, 
California (Livermore Site) and a 7,000-acre experimental test site 
(Site 300) southeast of the Livermore Site between Livermore and Tracy, 
California. Most LLNL operations are located at the Livermore Site, 
which is situated about 50 miles east of San Francisco in southeastern 
Alameda County. Site 300 is primarily a test site for explosives and 
non-nuclear weapons components; it is located about 15 miles southeast 
of Livermore in the hills of the Diablo Range. Most of Site 300 is 
located in San Joaquin County; the western edge of the site is in 
Alameda County.

Missions

    The 21st century presents a growing set of challenges that are the 
focus of the Laboratory's mission as a DOE/NNSA national security 
laboratory. LLNL's defining responsibility is ensuring the safety, 
security, and reliability of the nation's nuclear deterrent. LLNL's 
mission is broader than stockpile stewardship and also includes 
missions that respond to national security and global security concerns 
that range from nuclear proliferation and terrorism to energy shortages 
and climate change. The Laboratory's science and engineering 
capabilities are applied to these challenges. Programs at LLNL support 
DOE, NNSA, Department of Defense (DoD), Department of Homeland Security 
(DHS), and other federal sponsor missions. LLNL also conducts work to 
collaborate with and

[[Page 47363]]

support state and local agencies, private and academic sponsors, and 
other scientific collaborators.
    Basic science is the engine that drives national security research 
at LLNL. Funded by a broad contingent of the scientific community--
including the Office of Science, academic partners, and Laboratory 
Directed Research and Development investments--basic science ensures 
that LLNL research capabilities remain at the cutting edge and that 
LLNL's scientists and engineers are prepared to solve critical 
challenges across national security missions. This basic science 
supports the LLNL missions.

Weapons

    The Weapons Program works to ensure that the nation's nuclear 
deterrent remains safe, secure, and reliable. The program accomplishes 
this through the Stockpile Stewardship Program--an ongoing effort to 
apply a science-based fundamental understanding of nuclear weapons 
performance--from the development of enhanced warhead surveillance 
tools that detect the onset of problems to manufacturing capabilities 
that produce critical components. High performance computational 
capabilities used for physics computer simulations and code development 
are conducted on some of the world's most capable supercomputers, 
located at LLNL.

Lasers

    The National Ignition program is an important national scientific 
resource that uses advanced lasers to research materials at 
temperatures and pressures that otherwise would only exist in the cores 
of stars and giant planets and inside nuclear weapons. The National 
Ignition Facility's (NIF) primary purpose is assuring viability of the 
nation's nuclear deterrent as part of the Stockpile Stewardship 
Program. This includes a variety of scientific studies from the DOE 
national laboratories, high energy density science research centers, 
academia, and other national and international scientific programs.

Biosecurity

    To keep the world safe from ever-changing biological threats, 
revolutionary advances in detection, characterization and mitigation 
are essential to safeguard against disease. High performance 
computational capabilities are used to enhance bioinformatics and to 
develop novel drug development strategies and point-of-care public 
health monitoring and detection.

Counterterrorism

    In a world where threats are continuously changing, the Laboratory 
is working diligently to help the nation prevent and mitigate 
catastrophic incidents arising from biological, chemical, radiological, 
or high explosive materials. This broad scope of capabilities has 
resulted in collaborations with sponsors such as DHS, the Department of 
Agriculture, the Department of Justice, the Department of Commerce, 
state and local governments, and non-governmental organizations.

Defense

    LLNL supports DoD as a preeminent innovative science and technology 
contributor. For 68 years the Laboratory has answered the call to help 
defend this nation, fielding products and providing services that 
strengthen the ability of the DoD to achieve precision effects and 
enhance situational awareness.

Energy

    LLNL advances the nation's security through innovative science and 
technology solutions to improve national energy security and surety 
while reducing environmental impact. LLNL is developing technologies 
that enable expanded use of renewable energy, improved efficiency, new 
resources, systems integration, and reduced costs.

Intelligence

    The Laboratory's Intelligence Program delivers comprehensive 
analysis, policy and operational support in areas where technology 
research and development are critical to national strategic priorities, 
from combating weapons of mass destruction and cyber security, to space 
and other emerging and disruptive technologies.

Nonproliferation

    With globalization and the spreading availability of technologies, 
proliferation challenges continue to grow and evolve. LLNL works to 
stem chemical, biological, radiological, and nuclear proliferation by 
providing scientific and technological solutions and sound advice to 
counter emerging threats.

Purpose and Need for Agency Action

    National security policies require DOE, through NNSA, to maintain 
the U.S. nuclear weapons stockpile and the nation's core competencies 
in nuclear weapons. NNSA has the mission to maintain and enhance the 
safety, security, and effectiveness of the nuclear weapons stockpile. 
The 2018 Nuclear Posture Review (NPR) states that an effective, 
responsive, and resilient nuclear weapons infrastructure is essential 
to the U.S. capacity to adapt flexibly to shifting requirements and 
support the sustainment of its nuclear forces to protect the homeland, 
assure allies, deter adversaries, and hedge against adverse 
developments.
    The U.S. nuclear weapons infrastructure is aging and historically 
underfunded. Over half of NNSA's infrastructure is over 40 years old, 
and a quarter dates back to the early 1950s. Previous NPRs have 
highlighted the need to maintain a modern nuclear weapons 
infrastructure, but the U.S. has fallen short in sustaining a modern 
infrastructure that is resilient and has the capacity to respond to 
unforeseen developments. The 2018 NPR places a high priority on 
recapitalizing the physical infrastructure needed to produce strategic 
materials and components for U.S. nuclear weapons.
    The 2018 NPR affirms the U.S. will have the ability to maintain and 
certify a safe, secure, and effective nuclear arsenal. Synchronized 
with DoD replacement programs, the U.S. will sustain and deliver on-
time the warheads needed to support both strategic and non-strategic 
nuclear capabilities by completing several Life Extension Programs 
(LEPs) as part of the Stockpile Stewardship Program. LLNL will complete 
some of the LEPs by conducting testing and maintenance of weapons 
components without nuclear testing. LLNL will also continue its basic 
science to support biosecurity, counterterrorism, defense, weapons 
technology, energy, intelligence, nonproliferation, space programs, 
climate security, and cybersecurity.
    LLNL is in need of facilities and infrastructure investments. Half 
of the operating buildings at LLNL are assessed as being inadequate or 
in substandard condition. This deterioration of assets presents program 
and operational risks in executing mission needs, attracting and 
maintaining a high-quality workforce, and meeting regulatory 
requirements.

Requirements To Fulfill DOE NEPA Compliance

    The LLNL SWEIS will be prepared pursuant to the National 
Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the 
Council on Environmental Quality's NEPA regulations (40 CFR parts 1500-
1508) and the DOE NEPA Implementing Procedures (10 CFR part 1021). The 
DOE regulations (10 CFR 1021.330) require preparation of site-wide

[[Page 47364]]

documents for certain large, multiple facility sites, such as LLNL. The 
purpose of a SWEIS is to provide the public with an analysis of the 
potential environmental impacts from ongoing and reasonably foreseeable 
new and modified operations and facilities, and reasonable alternatives 
at a DOE site, to provide a basis for site-wide decision making, and to 
improve and coordinate agency plans, functions, programs, and resource 
utilization. The SWEIS provides an overall NEPA baseline so that the 
environmental effects of proposed future changes in programs and 
activities can be compared to the baseline. A SWEIS also enables DOE to 
``tier'' its later NEPA project-specific reviews at a site to eliminate 
repetitive discussion of the same issues in future project-specific 
NEPA studies, and to focus on the actual issues ready for decisions at 
each level of environmental review.
    The NEPA process allows for all interested agencies (federal, state 
and local), public interest groups, Native American Tribes, local 
businesses, and members of the general public to participate in the 
environmental review process. The new SWEIS will utilize the baseline 
information from the previous LLNL SWEIS (2005 LLNL SWEIS), to the 
extent possible, as well as current information contained in annual 
site environmental reports and other technical reports.

Preliminary Alternatives

    The scoping process is an opportunity for the public to assist NNSA 
in determining the alternatives and issues for analysis. NNSA welcomes 
specific comments or suggestions on the content of these alternatives, 
or on other alternatives that could be considered. A preliminary set of 
alternatives and issues for evaluation in the LLNL SWEIS is identified 
below. Additionally, during the development of the LLNL SWEIS, NNSA may 
consider other alternatives judged to be reasonable.

No Action Alternative: Continuing Present Operations

    The No Action Alternative would continue current facility 
operations throughout LLNL in support of assigned missions. NEPA 
regulations require analysis of the No Action Alternative to provide a 
benchmark for comparison with environmental effects of the other 
alternatives. This alternative includes the programs and activities 
described above in the LLNL Mission and those activities for which NEPA 
review is already done or underway.

Proposed Action Alternative

    The programmatic context for this alternative is the continued 
support of existing programs and development of additional missions or 
projects that would be needed to meet DOE/NNSA mission requirements and 
sustain science, technology, and engineering excellence to respond to 
future national security challenges. This alternative would include the 
scope of the No Action Alternative, as described above, and an increase 
in current facility operations or enhanced operations that may require 
new or modified facilities and are reasonably foreseeable over the next 
15 years. NNSA has identified four categories of actions associated 
with the Proposed Action: (1) New Facility Construction Projects; (2) 
Modernization/Upgrades of Existing Facilities and Infrastructure; (3) 
Operational Changes; and (4) Decontamination, Decommissioning, and 
Demolition Projects. Each of these categories of actions is discussed 
below.
    NNSA has identified approximately 35 new facility construction 
projects, including laboratory facilities related to materials 
engineering, exascale computing, laser-explosives applications, and 
high explosives research and development; general office buildings; 
maintenance facilities; science centers for both nuclear security and 
forensics; and a new fire station. New facility projects would be 
proposed at both the Livermore Site and Site 300.
    With regard to modernization/upgrades of existing facilities and 
infrastructure, NNSA has identified approximately 65 discrete projects, 
including upgrades to basic infrastructure (e.g., domestic water 
systems, electrical systems, fire protection systems, communication 
systems, and security systems); modernization of firing and control 
systems at Site 300; NIF laser power upgrades and utility system 
replacements; biosecurity and bioscience facility upgrades; 
modernization of high performance computing capabilities; seismic risk 
reduction initiatives; and waste management facility enhancements. 
Modernization/upgrades will extend facility lifetimes, improve work 
environments, and enhance operational capabilities.
    Proposed operational changes are expected to include: Changes to 
material-at-risk (MAR), administrative limits, and radiological 
bounding accident scenarios as a result of the deinventory of Security 
Category I and II special nuclear materials from LLNL, which was 
completed in 2012; and changes in various facility operations, which 
would be defined in the LLNL SWEIS, and may result in changes in 
generated wastes and shipments to disposal sites. All proposed 
operational changes would be described in detail and analyzed in the 
Draft LLNL SWEIS.
    Decontamination, decommissioning, and demolition of older 
facilities would be conducted on a continuing basis to eliminate excess 
facilities and reduce costs and risks. Over the 15-year LLNL SWEIS 
planning horizon, NNSA has identified more than 110 excess facilities, 
totaling more than 1.1 million square feet, to be decontaminated, 
decommissioned, and demolished.
    The net effect of new facility construction, existing facility 
modernization/upgrades, and demolition of excess facilities is expected 
to reduce LLNL's footprint and improve the efficiency of operations. 
The LLNL SWEIS will identify the specific projects and facilities that 
are potentially affected by the Proposed Action, and will assess the 
potential impacts associated with implementation of the Proposed 
Action.

Other Potential Reasonable Alternatives

    The timeframe for the LLNL SWEIS analysis is approximately 15 years 
into the future. NNSA recognizes that requirements, needs, 
opportunities, and vision may change over such a long planning horizon. 
Consequently, NNSA is exploring the possibility of including additional 
alternatives in the LLNL SWEIS--such as reduced operations or expanded 
operations--that could be reasonable and responsive to that planning 
horizon. NNSA welcomes input on alternatives that the public thinks are 
reasonable and should be analyzed in the LLNL SWEIS.
    Alternatives that NNSA will not consider as reasonable are: The 
complete closure and decontamination and decommissioning of the 
Livermore Site or Site 300, and transfer of current missions/operations 
from LLNL to other sites, as those actions would be inconsistent with 
the LLNL mission defined by NNSA. Such a possibility was considered in 
2008 when NNSA prepared the Complex Transformation Supplemental 
Programmatic EIS. In that document, NNSA concluded that, ``as a result 
of the continuing challenges of certification [of nuclear weapons] 
without underground testing, the need for robust peer review, benefits 
of intellectual diversity from competing physics design laboratories, 
and uncertainty over the details [of] future stockpiles, NNSA does not 
consider it reasonable to evaluate laboratory

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consolidation [or elimination] at this time.'' That conclusion has not 
changed today. In addition, as one of only three nuclear weapons 
laboratories, LLNL contributes significantly to the core intellectual 
and technical competencies of the United States related to nuclear 
weapons. These competencies embody more than 50 years of weapons 
knowledge and experience. The laboratories perform the basic research, 
design, system engineering, development testing, reliability and 
assessment, and certification of nuclear weapon safety, reliability, 
and performance. From a broader national security perspective, the core 
intellectual and technical competencies of LLNL (and Los Alamos 
National Laboratory and Sandia National Laboratories [NNSA's other 
nuclear weapons laboratories]) provide the technical basis for the 
pursuit of U.S. arms control and nuclear nonproliferation objectives.
    The Complex Transformation Supplemental Programmatic EIS also 
considered and evaluated the transfer of missions/operations to/from 
LLNL, and NNSA has implemented, as appropriate, decisions that followed 
preparation of that document. NNSA has not identified any new proposals 
for current missions/operations that are reasonable for transfer to/
from LLNL.

Preliminary Environmental Analysis

    The following issues have been identified for analysis in the LLNL 
SWEIS. The list is tentative and intended to facilitate public comment 
on the scope of the LLNL SWEIS. It is not intended to be all-inclusive, 
nor does it imply any predetermination of potential impacts. The NNSA 
specifically invites suggestions for the addition or deletion of items 
on this list.
    1. Potential effects on the public and workers from exposures to 
radiological and hazardous materials during normal operations, 
construction, reasonably foreseeable accidents, and intentional 
destructive acts.
    2. Impacts on surface and groundwater, floodplains and wetlands, 
and on water use and quality.
    3. Impacts on air quality.
    4. Impacts to plants and animals and their habitat, including 
species which are federally- or state-listed as threatened or 
endangered, or of special concern.
    5. Impacts on physiography, topography, geology, and soil 
characteristics including vadose zone.
    6. Impacts to cultural resources such as those that are historic, 
prehistoric, archaeological, scientific, or paleontological.
    7. Socioeconomic impacts to affected communities.
    8. Environmental Justice, particularly whether or not activities at 
LLNL have a disproportionately high and adverse effect on minority and/
or low-income populations.
    9. Potential impacts on land use and applicable plans and policies.
    10. Impacts from traffic and transportation of radiological and 
hazardous materials and waste on and off the LLNL sites.
    11. Pollution prevention and materials and waste management 
practices and activities.
    12. Impacts on visual aesthetics and noise levels of the LLNL 
facilities on the surrounding communities and ambient environment.
    13. Impacts to community services, including fire protection, 
police protection, schools, and solid waste disposal in landfills.
    14. Impacts from use of utilities, including water and electricity 
consumption, fuel use, sewer discharges, and resource conservation.
    15. Impacts from site contamination, characterization and 
remediation.
    16. Unavoidable adverse impacts due to natural phenomena (e.g., 
floods, earthquakes, etc.).
    17. Environmental compliance and inadvertent releases.
    18. Short term uses and long-term productivity.
    19. Irreversible and irretrievable commitment of resources.
    20. Cumulative effects of past, present, and future operations.
    21. Reasonably foreseeable impacts associated with the shutdown or 
demolition of excess facilities.
    22. Mitigation commitments.

Site Specific LLNL SWEIS Process

    The scoping process is intended to involve all interested agencies 
(federal, state, and local), public interest groups, Native American 
Tribes, local businesses, and members of the general public. Interested 
parties are invited to participate in the LLNL SWEIS process, to refine 
the preliminary alternatives and environmental issues that are not 
reasonable or pertinent. Input from the scoping meeting will assist 
NNSA in formulating the proposed action, refining the alternatives, and 
defining the scope of the LLNL SWEIS analyses.
    Following the scoping process announced in this Notice, and after 
consideration of comments received during scoping, NNSA will prepare a 
Draft LLNL SWEIS for the continued operation of the LLNL. NNSA will 
announce the availability of the Draft LLNL SWEIS in the Federal 
Register and local media outlets. NNSA will hold one or more public 
hearings for the Draft LLNL SWEIS. Any comments received on the Draft 
LLNL SWEIS will be considered and addressed in the Final LLNL SWEIS. 
NNSA will then issue a Record of Decision no sooner than 30 days after 
publication by the Environmental Protection Agency of a Notice of 
Availability of the Final LLNL SWEIS.

Relationship to Existing and Other NEPA Analyses

    NNSA is responsible for management and implementation of the 
requirements of NEPA and the regulations and policies promulgated 
thereunder, including but not limited to the Council of Environmental 
Quality NEPA regulations (40 CFR parts 1500-1508), the DOE NEPA 
implementing procedures (10 CFR part 1021), and NNSA Policy (NAP) 
451.1. In addition to compliance with NEPA, the LLNL SWEIS will address 
requirements in the California Environmental Quality Act (CEQA), Public 
Resources Code Sec 21000 et seq. Because requirements for NEPA and CEQA 
are somewhat different, the document would be prepared to comply with 
whichever requirements are more stringent.
    The current SWEIS for Continued Operation of LLNL (2005 LLNL SWEIS) 
was completed in 2005. This was the conclusion of a process involving 
roughly 42 months of analysis, public meetings, and document 
preparation. Previously, a SWEIS was issued in 1992. While there is no 
specific ``lifespan'' for a SWEIS, historically, NNSA has performed new 
SWEIS analyses for national laboratories on an average of every 10 
years.
    In 2008, the NNSA completed the Complex Transformation Supplemental 
Programmatic EIS which included further analysis for LLNL programs/
facilities. Some facilities identified for closure in that document 
remain operational due to programmatic requirements.
    In 2011, NNSA prepared a Supplement Analysis (SA) to the 2005 LLNL 
SWEIS which included new information that was not available for 
consideration when the 2005 LLNL SWEIS was prepared. It concluded that 
the 2005 LLNL SWEIS remained adequate for LLNL for the next five years. 
A team of LFO and Lawrence Livermore National Security, LLC subject 
matter experts then began working on a new SA in 2016. Although this 
more recent SA process was not completed, the team reached a consensus 
that a new SWEIS would provide numerous programmatic and

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operational benefits for the LLNL national security mission.

EIS Preparation and Schedule

    NNSA expects to issue the Draft LLNL SWEIS in early 2021.

Signing Authority

    This document of the Department of Energy was signed on this 21st 
day of July, 2020, by Lisa E. Gordon-Hagerty, Under Secretary for 
Nuclear Security and Administrator, NNSA, 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 July 31, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-17054 Filed 8-4-20; 8:45 am]
BILLING CODE 6450-01-P