[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54544-54548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19349]


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DEPARTMENT OF ENERGY


Amended Record of Decision for the Site-Wide Environmental Impact 
Statement for the Continued Operation of Los Alamos National 
Laboratory, Los Alamos, NM

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Amended record of decision.

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SUMMARY: The National Nuclear Security Administration (NNSA), a semi-
autonomous agency within the U.S. Department of Energy (DOE), is 
announcing this amendment to the September 26, 2008 Record of Decision 
(ROD) for the Site-Wide Environmental Impact Statement (SWEIS) for the 
Continued Operation of Los Alamos National Laboratory (LANL), Los 
Alamos, NM (2008 LANL SWEIS ROD). In this Amended ROD, NNSA announces 
its decision to implement elements of the 2008 LANL SWEIS Expanded 
Operations Alternative needed to produce a minimum of 30 war reserve 
pits per year during 2026 for the national pit production mission and 
to implement surge efforts to exceed 30 pits per year to meet Nuclear 
Posture Review (NPR) and national policy. NNSA has previously evaluated 
this action at the programmatic level in the Complex Transformation 
SPEIS and at the site-specific level in the LANL Sitewide Environmental 
Impact Statement (SWEIS), and recently completed a review of those 
prior analyses in a separate Supplement Analysis (SA) for each 
document.

FOR FURTHER INFORMATION CONTACT: For further information on this 
Amended ROD or the 2020 LANL SA, contact: Kristen Dors, NEPA Compliance 
Manager, U.S. Department of Energy, National Nuclear Security 
Administration, Los Alamos Field Office, 3747 W. Jemez Road, Los 
Alamos, NM 87544; phone: (505) 667-5491; or via email at 
[email protected]. This Amended ROD, the 2020 LANL SA, and 
related NEPA documents are available at https://www.energy.gov/nnsa/nnsa-nepa-reading-room.

SUPPLEMENTARY INFORMATION:

Background

    Pit production, at a level of 80 pits per year at LANL, has been 
analyzed in two programmatic environmental impact statements (EISs) and 
two LANL site-wide EISs, including the 1999 Site-Wide Environmental 
Impact Statement for the Continued Operation of the Los Alamos National 
Laboratory (1999 LANL SWEIS) (DOE/EIS-0238), and the 2008 Final Site-
Wide Environmental Impact Statement for Continued Operation of Los 
Alamos National Laboratory (2008 LANL SWEIS) (DOE/EIS-0380). As 
national policy and national defense needs have evolved, NNSA prepared 
a supplement analysis (SA) to the 2008 LANL SWEIS (2020 LANL SA) (DOE/
EIS-380-SA-06). The 2020 LANL SA re-evaluates the potential 
environmental impacts of producing a minimum of 30 pits per year at 
LANL and of implementing surge efforts to exceed 30 pits per year to 
determine if there have been substantial changes to NNSA's proposed 
implementation of increased pit production or significant new 
circumstances or information relevant to environmental concerns, within 
the meaning of the National Environmental Policy Act (NEPA). After 
preparing and considering the 2020 LANL SA, NNSA has determined that no 
further NEPA analysis is needed prior to issuing this

[[Page 54545]]

Amended ROD. NNSA has a statutory mission to maintain and enhance the 
safety, reliability, and performance of the U.S. nuclear weapons 
stockpile including the ability to design, produce, and test, in order 
to meet national security requirements. The purpose and need for the 
continued operation of LANL is to provide support for NNSA's core 
missions as directed by Congress and the President (2008 LANL SWEIS). 
Congress and the President have directed that during 2026 LANL will 
produce a minimum of 30 war reserve pits per year for the national pit 
production mission and implement surge efforts to exceed 30 pits per 
year to meet NPR and national policy (50 U.S.C. 2538a; Pub. L. 115-232, 
Section 3120). To meet this direction, NNSA must now implement 
previously analyzed elements of the Expanded Operations Alternative 
from the 2008 LANL SWEIS.
    The environmental impacts of pit production at LANL have been 
analyzed at a both programmatic and site-specific level several times. 
The first programmatic EIS in the post-Cold War era was the 1996 
Programmatic Environmental Impact Statement for Stockpile Stewardship 
and Management (SSM PEIS) (DOE/EIS-0236). The SSM PEIS evaluates pit 
production of 80 pits per year at LANL. In December 1996, NNSA issued a 
ROD announcing a decision setting pit production at LANL at 20 pits per 
year (61 FR 68014; December 26, 1996). Tiering from the SSM PEIS, the 
site-specific 1999 LANL SWEIS also evaluates pit production levels of 
80 pits per year at LANL. In the 1999 LANL ROD, NNSA confirmed its 
decision for pit production at LANL at 20 pits per year (64 FR 50797; 
Sept 20, 1999).
    In 2008, NNSA prepared the Complex Transformation Supplemental 
Programmatic Environmental Impact Statement--Operations Involving 
Plutonium, Uranium, and the Assembly and Disassembly of Nuclear Weapons 
(Complex Transformation SPEIS) (DOE/EIS-0236-S4). The Complex 
Transformation SPEIS evaluates, among other things, alternatives for 
producing 10-200 pits per year at different site alternatives, 
including LANL. In the 2008 Programmatic ROD, NNSA did not make any new 
decisions related to pit production capacity beyond 20 pits per year at 
LANL (73 FR 77644 December 19, 2008). Tiering from the Complex 
Transformation SPEIS, the 2008 LANL SWEIS analyzed three alternatives: 
A Reduced Operations Alternative, a No Action Alternative (20 pits per 
year), and an Expanded Operations Alternative (80 pits per year). Under 
the Expanded Operations Alternative, NNSA analyzed existing space at 
LANL in the Plutonium Facility and other infrastructure to support 
production of up to 80 pits per year. In the 2008 LANL SWEIS ROD and 
subsequent RODs, NNSA selected a No Action Alternative (continuation of 
existing operations) with some elements of an Expanded Operations 
Alternative, which maintained NNSA's decision for pit production levels 
of 20 pits per year at LANL (73 FR 55833 September 26, 2008; 74 FR 
33232 July 10, 2009; and 76 FR 40352 July 8, 2011).
    Both federal law and national security policy now require pit 
production rates of a minimum of 30 pits per year at LANL during 2026, 
and not less than 80 pits per year nationally during 2030 (50 U.S.C. 
2538a; Pub. L. 115-232). Because operations involving SNM are complex, 
implementing changes in operations such as pit production take several 
years. To these ends, NNSA is issuing an Amended ROD to the Complex 
Transformation SPEIS announcing its programmatic decision to implement 
elements of a Modified Distributed Centers of Excellence (DCE) 
Alternative whereby LANL will produce a minimum of 30 war reserve pits 
per year for the national pit production mission during 2026 and 
implement surge efforts to exceed 30 pits per year as needed. Prior to 
issuing that Amended ROD, NNSA prepared an SA of the Complex 
Transformation SPEIS to determine if the existing Complex 
Transformation SPEIS should be supplemented, a new EIS should be 
prepared, or that no further NEPA analysis would be required. Based on 
the analysis presented in the 2019 SPEIS SA, NNSA determined that no 
further NEPA analysis was needed at a programmatic level.
    NNSA is now issuing an Amended ROD to the 2008 LANL SWEIS. Prior to 
issuing this Amended ROD, NNSA prepared the 2020 LANL SA to determine 
if the existing 2008 LANL SWEIS should be supplemented, a new EIS 
should be prepared, or that no further NEPA analysis would be required. 
Based on the analysis presented in the 2020 SA, NNSA determined that no 
further NEPA analysis was needed prior to issuing this Amended ROD.

Changes Since Issuance of the 2008 LANL SWEIS RODs

    NNSA has not implemented all aspects of the 2008 LANL SWEIS 
Expanded Operations Alternative that were anticipated for producing 
more than 20 pits per year. One primary element that has changed is 
that a specific facility that NNSA previously analyzed, the Chemistry 
and Metallurgy Research Replacement Nuclear Facility (CMRR-NF), was not 
constructed at LANL. The CMRR-NF was a planned support facility for pit 
production and was not itself to be a pit production facility. Many 
support operations for pit production have been historically located in 
the Chemistry and Metallurgy Research (CMR) Facility, and CMRR-NF had 
been thought necessary to replace CMR. The support operations housed in 
CMR have been or can be relocated to other facilities at LANL, and a 
new CMRR-NF is no longer required to meet current mission needs. NNSA 
remains committed to the closure of the CMR Facility and has made 
upgrades to existing plutonium facilities, constructed new support 
facilities, and made administrative changes that have leveraged the use 
of existing LANL facilities.
    Another change since issuance of the SWEIS RODs is that NNSA has 
made substantial facility upgrades to address previous technical and 
seismic concerns related to LANL's pit production facility, the 
Plutonium Facility. In the 2009 Amended ROD to the 2008 LANL SWEIS, 
NNSA issued a decision on certain elements of an Expanded Operations 
Alternative at LANL that authorized upgrades to the Plutonium Facility. 
Over the past ten years, NNSA has been implementing these upgrade 
projects. Separately, there was a three-year operational pause in 
LANL's Plutonium Facility but operations have resumed. The Plutonium 
Facility is again operational and pit production activities have 
resumed. The NNSA pit production mission at LANL is operating below the 
level of 20 pits per year that was identified in previous NNSA 
decisions.
    The United States has emphasized the need to eventually produce 80 
pits per year and while the drivers and the requirement for pit 
production have remained relatively unchanged there have been specific 
changes in the law and national policy regarding pit production since 
issuance of the 2008 LANL SWEIS. Since 2014, federal law has required 
the nuclear security enterprise to produce not less than 30 war reserve 
plutonium pits during 2026. Federal law now requires that the nuclear 
security enterprise produce not less than 80 war reserve plutonium pits 
during 2030 (50 U.S.C. 2538a).
    In addition, on January 27, 2017, the President directed the 
Department of Defense (DoD) to conduct an NPR which was issued in 2018. 
The 2018 NPR echoed the need for pit production and articulated a 
national policy that is

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consistent with Congressional and Presidential direction, stating that 
the United States will pursue initiatives to ensure the necessary 
capability, capacity, and responsiveness of the nuclear weapons 
infrastructure and the needed skill of the workforce, including 
providing the enduring capability and capacity to produce plutonium 
pits at a rate of no fewer than 80 pits per year during 2030. The 2018 
NPR also details the evolving and uncertain nuclear threat environment 
facing the United States. Concurrent with the 2018 NPR, DOE conducted 
an Analysis of Alternatives (AoA) to identify and assess alternatives 
across DOE sites that could deliver the infrastructure to meet the 
sustained plutonium pit requirements of 80 pits per year. To achieve 
the required annual pit production rate, the AoA report considered the 
construction of new facilities and the refurbishment of existing 
facilities and identifies SRS and LANL as the two preferred 
alternatives to meet pit production requirements.
    In 2018, Congress and the President also directed that LANL will 
produce a minimum of 30 pits per year for the national pit production 
mission and directed it be capable of surge efforts to exceed 30 pits 
per year to meet NPR and national policy (Pub. L. 115-232, Section 
3120). To these ends, the DoD Under Secretary of Defense for 
Acquisition and Sustainment and the NNSA Administrator issued a Joint 
Statement on May 10, 2018, describing NNSA's recommended alternative to 
pursue a two-prong approach--50 pits per year produced at SRS and a 
minimum of 30 pits per year produced at LANL. In addition to improving 
the resiliency, flexibility, and redundancy of our Nuclear Security 
Enterprise by reducing reliance on a single production site, this 
approach enables the capability to allow for enhanced warhead safety 
and security to meet DoD and NNSA requirements; deliberate, methodical 
replacement of older existing plutonium pits with newly manufactured 
pits as risk mitigation against plutonium aging; and response to 
changes in deterrent requirements driven by renewed great power 
competition.
    Before the recent Congressional and Presidential direction 
concerning specific pit production requirements at LANL, NNSA prepared 
the 2018 Supplement Analysis of the 2008 Site-Wide Environmental Impact 
Statement for the Continued Operation of Los Alamos National Laboratory 
(2018 LANL SWEIS SA) (DOE/EIS-0380-SA-04). The 2018 LANL SWEIS SA 
considered changes from 2008 through 2017 to programs, projects, and 
operations and it considered changes from 2018 through 2022 to new/
modified plans, projects, and operations. The 2018 LANL SWEIS SA 
compared the projected environmental impacts of ongoing operations, 
new/modified projects, and site operation modifications from 2018 
through 2022 to the environmental impacts that were analyzed in the 
2008 LANL SWEIS. The key areas considered include: Land resources; 
visual environment; geology and soils; water resources; air quality; 
noise; ecological resources; human health and worker health/safety; 
cultural resources; socioeconomics; infrastructure; waste management; 
traffic and transportation; environmental justice; environmental 
remediation; facility accidents; climate trends and greenhouse gases; 
forest health and wildland fire preparedness; and mitigations. Based on 
the 2018 LANL SWEIS SA, NNSA determined ongoing operations, new/
modified projects, and site operation modifications do not constitute a 
substantial change in the actions previously analyzed in the 2008 LANL 
SWEIS, and that there are no significant new circumstances or 
information relevant to environmental concerns, and that no further 
NEPA documentation was required for the continued operation of LANL.

NEPA Process for Amending the ROD

    NNSA prepared this Amended ROD to the 2008 LANL SWEIS pursuant to 
the regulations of the Council on Environmental Quality (CEQ) for 
implementing NEPA (40 CFR parts 1500-1508) and DOE's NEPA implementing 
procedures (10 CFR part 1021). This Amended ROD is based on federal law 
and NNSA's mission, information and analysis in the 1999 LANL SWEIS 
(DOE/EIS-0238) and public comments received; the 2008 LANL SWEIS (DOE/
EIS-0380) and public comments received; the Complex Transformation 
SPEIS (DOE/EIS-0236-S4) and public comments received; the 2019 SPEIS SA 
(DOE/EIS-0236-SA-02) and public comments received; the 2020 LANL SA 
(DOE/EIS-0380-SA-06) and public comments received; other NEPA analysis 
and public comments as noted in the 2020 LANL SA.
    The Draft 2008 LANL SWEIS included a robust public participation 
process. NNSA received comments from Federal agencies; state, local, 
and tribal governments; public and private organizations; and 
individuals. In addition, during the three public meetings that NNSA 
held, in Santa Fe, Espa[ntilde]ola and Los Alamos, on the Draft 2008 
LANL SWEIS, more than 100 speakers made oral comments and nearly 2100 
public comment documents were received. NNSA reviewed and considered 
all comments received on the Draft 2008 LANL SWEIS, including those 
received after the comment period ended, before finalizing the 2008 
LANL SWEIS and issuing associated RODs.
    On June 28, 2019, NNSA provided a Notice of Availability of the 
Draft Supplement Analysis of the Complex Transformation Supplemental 
Programmatic Environmental Impact Statement (Draft Complex 
Transformation SPEIS SA) (84 FR 31055) and invited public comment. NNSA 
prepared the Final Complex Transformation SPEIS SA to determine 
whether, prior to implementing a Modified DCE Alternative for plutonium 
operations to enable producing plutonium pits at a rate of no fewer 
than 80 pits per year by 2030, the existing Complex Transformation 
SPEIS should be supplemented, a new environmental impact statement be 
prepared, or that no further NEPA analysis was required. On January 9, 
2020, after considering all comments and modifying the draft Complex 
Transformation SPEIS SA as appropriate, NNSA provided a Notice of 
Availability of the Final Complex Transformation Supplemental 
Programmatic Environmental Impact Statement (Final Complex 
Transformation SPEIS SA) (DOE/EIS-0236-SA-02) (85 FR 887). The Final 
Complex Transformation SPEIS SA included NNSA's determination that no 
further NEPA documentation at a programmatic level was required, but 
affirmed NNSA's decision to prepare site-specific documentation for the 
proposal to authorize expanding pit production beyond 20 pits per year 
at LANL. Concurrent with this Amended ROD, NNSA is issuing an Amended 
ROD to the Complex Transformation SPEIS, announcing the programmatic 
decision to implement elements of a Modified DCE Alternative that 
authorizes LANL to produce not fewer than 30 war reserve pits per year 
during 2026 for the national pit production mission and implement surge 
efforts to exceed 30 pits per year as needed.
    At the site-specific level, NNSA prepared the 2020 LANL SA (DOE/
EIS-0380-SA-06) to re-evaluate site-specific environmental impacts. In 
March 2020, NNSA posted the Draft Supplement Analysis of the 2008 Site-
Wide Environmental Impact Statement for Continued Operations of Los 
Alamos National Laboratory to the online NNSA NEPA Reading Room and 
noticed interested parties via GovDelivery, inviting public comment for 
a 45-day

[[Page 54547]]

period which was extended for an additional 15 days. Although pertinent 
regulations do not require public review and comment on an SA, NNSA 
decided to invite public comment in the SA to ensure fully informed 
decision-making. NNSA received approximately 140 comment documents on 
the Draft 2020 LANL SA. Many comments received on the Draft 2020 LANL 
SA were similar in nature to the comments NNSA received on the Draft 
2019 Complex Transformation SPEIS SA. In addition to Draft 2020 LANL SA 
comments, NNSA reviewed all comment documents received during the 
public scoping process for the site-specific Savanah River Site (SRS) 
pit production EIS for relevance to the 2020 LANL SA.
    Comments received generally centered on the following topic areas: 
(1) Validity of the Draft 2020 LANL SA determination; (2) the purpose 
and need for NNSA's project; (3) NEPA process/requests for an extension 
to the comment period; (4) the two-prong approach to pit production; 
(5) new information or changed circumstances related to NNSA operations 
and/or environmental conditions; (6) questions about the technical 
aspects of the impact analyses; (7) general opposition to, or support 
for the proposal; and (8) comments about nuclear weapon policies or new 
weapon designs.
    After considering all comments and modifying the Draft 2020 LANL SA 
as appropriate, NNSA completed the Final Supplement Analysis of the 
2008 Site-Wide Environmental Impact Statement for Continued Operations 
of Los Alamos National Laboratory (Final 2020 LANL SA). NNSA prepared 
the Final 2020 LANL SA to determine whether, prior to implementing 
additional elements of the Expanded Operations Alternative for 
producing a minimum of 30 pits per year at LANL and implementing surge 
efforts to exceed 30 pits per year, the 2008 LANL SWEIS should be 
supplemented, a new environmental impact statement be prepared, or that 
no further NEPA analysis was required. The Final 2020 LANL SA included 
NNSA's determination that no further NEPA documentation was required 
before issuing an Amended ROD.

Summary of Impacts

    NNSA has been directed by Congress and the President to implement 
pit production at LANL to meet NPR and national policy, and NNSA 
determined in its discretion to prepare an SA of the 2008 LANL SWEIS to 
re-evaluate adopting the Expanded Operations Alternative as needed. The 
2020 LANL SA analyzed the potential impacts of pit production beyond 20 
pits per year on land use, visual resources, geology and soils, water 
resources, air quality, noise, ecological resources, cultural 
resources, infrastructure, facility accidents, intentional destructive 
acts, human health, socioeconomics, environmental justice, waste 
management, and transportation. Table 3-1 of the 2020 LANL SA presents 
information in a comparative fashion for resource areas considered to 
have minor or negligible impacts. Environmental resource areas that may 
have environmental impacts related to pit production beyond 20 pits per 
year or require additional analysis or to address public concerns were 
reviewed in more detail in Section 3.3 of the 2020 LANL SA and Section 
4.0 analyzed the cumulative impacts.
    NNSA's conclusion based on the 2020 LANL SA was that the potential 
environmental impacts of the proposed action would not be different, or 
would not be significantly different, than impacts in existing NEPA 
analyses. NNSA has determined that pit production at LANL as planned 
(previously analyzed limits), and that meets NPR and national policy, 
does not constitute a substantial change from actions analyzed 
previously and that while there are new circumstances or information 
relevant to environmental concerns these new circumstances and 
information do not rise to a level of significance within the meaning 
of NEPA. As a result, NNSA has determined that preparation of a 
supplemental or new EIS is not warranted at this time.

Environmentally Preferable Alternative

    The analyses in the 2008 LANL SWEIS of the environmental impacts 
associated with operating LANL identified only minor differences among 
the three alternatives across natural and cultural resource areas. 
Within each of the alternatives there are actions that could result in 
negative impacts, as well as those that would produce positive 
environmental effects. Considering the many environmental facets of the 
alternatives analyzed in the SWEIS, and looking out over the long term, 
the Expanded Operations Alternative is still the environmentally 
preferred alternative because that is the alternative that includes 
projects that support environmental remediation at LANL. Facilitating 
the cleanup of the site with new or expanded waste management 
facilities, and replacing older laboratory and production facilities 
with new buildings that incorporate modern safety, security, and 
efficiency standards, would also improve LANL's ability to protect 
human health and the environment while allowing LANL to continue to 
fulfill its national security missions. Increasing operational levels 
and performing various demolition activities would use additional 
resources and generate additional waste, but under the Expanded 
Operations Alternative NNSA would also undertake actions to modernize 
and replace older facilities with more energy efficient and 
environmentally-protective facilities and implement waste control and 
environmental practices to minimize impacts.

Amended Decision

    NNSA has decided to implement elements of the Expanded Operations 
Alternative in the 2008 LANL SWEIS, as needed, to produce a minimum of 
30 war reserve pits per year during 2026 for the national pit 
production mission and to implement surge efforts to exceed 30 pits per 
year up to the analyzed limit to meet NPR and national policy. NNSA 
will implement the following actions: (1) Remove legacy equipment and 
install new equipment; (2) hire and train approximately 400 additional 
staff; (3) upgrade existing support facilities and construct new 
support facilities; (4) repackage and dispose of mixed-oxide fuel 
fabrication facility fuel rods; (5) implement Replacement Office 
Buildings Project; (6) implement elements of the Security-Driven 
Traffic Modifications Project; (7) management and disposition of 
additional wastes generated; and (8) transport additional materials, 
parts, and waste.

Basis for Decision

    In making these decisions, NNSA considered the 2020 LANL SA, the 
2008 LANL SWEIS, the 2008 Complex Transformation SPEIS, the 2019 
Complex Transformation SPEIS SA, and other referenced NEPA analyses, 
and its statutory responsibilities to support the nuclear weapons 
stockpile. Federal law and national security policies continue to 
require NNSA to maintain a safe, secure, and reliable nuclear weapons 
stockpile and to create a responsive nuclear weapons infrastructure 
that are cost-effective and have adequate capacity to meet reasonably 
foreseeable national security requirements. This Amended ROD will 
enable NNSA to continue meeting federal law and national security 
requirements.

Mitigation Measures

    As described in the 2008 LANL SWEIS (DOE/EIS-0380) and the 2008 
LANL SWEIS ROD (74 FR 55833), LANL operates in compliance with 
environmental laws, regulations, and policies within a framework of

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contractual requirements; many of these requirements mandate actions to 
control and mitigate potential adverse environmental effects. Examples 
of mitigation measures include site security and threat protection 
plans, emergency plans, land use plans, Integrated Safety Management 
Systems, an Environmental Management System, pollution prevention and 
waste minimization programs, cultural resource and protected species 
management plans, and energy and water conservation programs. NNSA will 
continue to implement the mitigation measures identified in the 2008 
LANL SWEIS ROD.

Signing Authority

    This document of the Department of Energy was signed on August 24, 
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 August 28, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-19349 Filed 9-1-20; 8:45 am]
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