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Weapons of Mass Destruction (WMD)

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Appendix B


FEDERAL REGISTER

VOL. 59, No. 153

Notices

DEPARTMENT OF ENERGY (DOE)

Preparation of an Environmental Impact Statement for the Nevada Test Site and Other Off-Site Test Locations Within the State of Nevada

59 FR 40897

DATE: Wednesday, August 10, 1994

ACTION: Notice of Intent.

SUMMARY: In accordance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.), the Council on Environmental Quality regulations for Implementing the Procedural Provisions of NEPA (40 CFR Parts 1500-1508), and the Department's Implementing Procedures (10 CFR Part 1021), the DOE announces its intent to prepare a Site-wide Environmental Impact Statement (EIS) for the Nevada Test Site and other off-site test locations within the State of Nevada. The purpose of this Notice is to invite the participation of Federal, state, and local agencies, affected Indian tribes, and other interested persons in the process that DOE will follow to comply with NEPA, and to solicit public comments on the proposed scope and content of the Nevada Test Site EIS.

In order to meet present and potential future mission responsibilities at the Nevada Test Site, the Department proposes to evaluate resource management alternatives for the Nevada Test Site which would support current and future defense related missions, research and development, waste management, environmental restoration, infrastructure maintenance, and facility upgrades and alternative uses over the next 5-10 years. This Site-wide EIS will address numerous issues, including, without limitation: (1) environmental restoration and other Departmental activities at the Nevada Test Site and at off-site locations in the State of Nevada where DOE conducted nuclear experiments, which include the Project Shoal Area, Central Nevada Test Area, Tonopah Test Range, and portions of the Nellis Air Force Range; and (2) transportation and disposal of wastes, which are generated on and off-site of the Nevada Test Site.

DATES: DOE invites and encourages the general public, other government agencies, and all other interested parties to comment on the appropriate scope and content of the EIS for the Nevada Test Site and off-site locations within the State of Nevada to ensure that all relevant environmental issues and alternatives are addressed. Public scoping meetings are discussed below in the Supplementary Information section. The public scoping period will continue until September 30, 1994. All comments and suggestions received or postmarked by that date, whether written, oral, submitted directly to the Department, or presented during a scoping meeting, will be given equal consideration in defining the scope of this Site-wide EIS and the issues to be discussed. Comments received or postmarked after September 30, 1994, will be considered to the extent practicable. In addition, the Department is committed to providing opportunities for the involvement of interested individuals [*40898] and groups in this and other Department planning activities outside of the formal scoping process on this EIS.

ADDRESSES: Written comments on the scope of the Site-wide EIS should be directed to: Donald R. Elle, Director, Environmental Protection Division, U.S. Department of Energy, Nevada Operations Office, P.O. Box 14459, Las Vegas, NV 89114.

Copies of written comments, transcripts of oral comments, and copies of the EIS Implementation Plan will be prepared and retained by the Department for inspection by the public at the following locations:
  1. DOE Public Reading Room, 2753 S. Highland Ave., Las Vegas, NV 89109
  2. Las Vegas Public Library, 833 N. Las Vegas Blvd., Las Vegas, NV 89101
  3. Carson City Public Library, 900 N. Roop St., Carson City, NV 89701
  4. Tonopah Public Library, 171 Central Street, Tonopah, NV 89049
  5. Doris Shirkey Library, 2101 E. Calvada Blvd., Pahrump, NV 89041
  6. Caliente Branch Library, 100 Depot Avenue, Caliente, NV 89008
  7. University of Nevada, Reno, Noble H. Getchell Library, Reno, NV 89557
  8. University of Nevada, Las Vegas, James Dickenson Library, 4505 S. Maryland Parkway, Las Vegas, NV 89154
  9. Freedom of Information Reading Room, Forrestal Bldg, 1000 Independence Ave, S.W., Washington, DC 20585
  10. Fallon Public Library, Churchill County Library, 553 S. Main, Fallon, NV 89406-3387
  11. Washington County Library, 50 S. Main, St. George, UT 84770

FOR FURTHER INFORMATION CONTACT: For further information please contact: Donald R. Elle, Director, Environmental Protection Division, U.S. Department of Energy, P.O. Box 14459, Las Vegas, Nevada 89114, (702) 794-1550.

For information on the Department's NEPA process, please contact: Ms. Carol Borgstrom, Director, Office of NEPA Oversight, U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, DC 20585, (202) 586-4600 or leave a message at (800) 472-2756.

SUPPLEMENTARY INFORMATION:

Background

The Nevada Test Site, near Las Vegas, Nevada, is the site at which the Department's Nevada Operations Office fulfills its primary responsibilities to:
  • Maintain a state of readiness to conduct underground nuclear testing.
  • Fulfill those activities to maintain the nation's stockpile of nuclear weapons in a safe and secure manner and fulfill other national security related missions.
  • Provide an ongoing waste management program covering all wastes generated both on-site and from other DOE-approved facilities across the U.S.
  • Perform site characterization and environmental restoration activities required to minimize or eliminate the impacts of past operations.
  • Supervise operations of non-DOE entities at the Liquefied Gaseous Fuels Spill Test Facility to perform research and demonstrations related to the safety aspects of hazardous chemicals and liquefied gaseous fuels.
  • Serve as an outdoor laboratory where scientists and students can conduct research on environmental issues as part of the DOE National Environmental Research Park Network.
  • Support the Threshold Test Ban Treaty and the Peaceful Nuclear Explosives Treaty verification mission along with an expanding role in supporting the ongoing Comprehensive Test Ban Treaty negotiations.
  • Provide the capability to respond to nuclear emergencies, including use of radiation detection systems for search and identification of lost or stolen nuclear weapons and special nuclear materials; exercises related to nuclear bomb threats and to radiation dispersal threats.
  • Demonstrate the capability to provide alternative energy sources to meet power needs for the Southwestern United States. This would include research activities in solar and other alternative energy source technologies.

The Department's responsibilities are mandated by statute, Presidential direction, and Congressional authorization and appropriation. Other activities may be directed by regulatory mandates identified in compliance agreements or orders or other enforceable documents.

The Nevada Test Site occupies 1,350 square miles in southern Nevada, and is located approximately 65 miles northwest of Las Vegas. The Nevada Test Site is bordered to the north, west, and east by the Nellis Air Force Range, and on the south by Bureau of Land Management-administered lands. To the east, the Nevada Test Site shares a nearly contiguous border with lands managed by the U.S. Fish and Wildlife Service for the Desert Game Range. The western half of the Game Range is also used by the U.S. Air Force, which shares a contiguous boundary with the Nevada Test Site. The Nevada Test Site is a remote, secure facility for conducting underground testing of nuclear weapons and for evaluating the effects of nuclear weapons on military communications systems, electronics, satellites, sensors, and other materials. Since the signing of the Threshold Test Ban Treaty in 1974, it has been the only site used by the United States for underground nuclear weapons testing. In September 1992, Congress, within the framework of the Threshold Test Ban Treaty, imposed a nine-month moratorium on underground nuclear testing. President Clinton extended the moratorium in July 1993 for an additional 15 months and subsequently, in March 1994, extended the moratorium through September 1995.

Existing land use on the Nevada Test Site falls into four general categories: Testing Areas; Reserved Areas; Industrial/Research Areas; and Waste Management Areas. Most of the work on the Nevada Test Site has been and continues to be related to national defense, with a growing emphasis on environmental restoration and waste management programs. Changing world conditions and national policies have reduced the need for testing programs, and other DOE and non-DOE activities are now being considered for siting at the Nevada Test Site.

A map showing existing land use at the Nevada Test Site and the locations of the off-site tests is available on request to Donald R. Elle at the above address.

The Nevada Test Site is a unique facility. It is a large remote area with tightly controlled access, with a substantial infrastructure, and the capability to conduct tests with hazardous and radioactive materials. The southwest region of the Nevada Test Site provides support for nonweapons and nonnuclear weapons programs and for short term activities such as the nuclear weapons accident exercises conducted by the Nuclear Emergency Search Team. In 1993, DOE designated the Nevada Test Site as a National Environmental Research Park. The Research Park is available for use by the scientific community as an outdoor laboratory for research on the effects of human activities on the desert ecosystem. Land not used for mission or other purposes has been designated as reserved areas, available for future development. The northern part of the Nevada Test Site is reserved as an underground nuclear weapons testing area.

Nuclear test locations are at Yucca Flat, Pahute Mesa, Rainer Mesa, and Buckboard Mesa.

Waste management activities have been ongoing at the Nevada Test Site since 1952. For ease of identification, the Nevada Test Site has been divided into numbered geographic "Areas". Waste Operations are conducted in several areas. Sanitary and solid waste are disposed of in Areas 23 and 9. Hydrocarbon-contaminated soils are disposed of in a permitted landfill in [*40899] Area 6. Radioactive waste management sites are located in Areas 3 and 5. Area 5 is also the location of a 90-day hazardous waste accumulation site. Waste streams continue to be generated, stored, and disposed of at the Nevada Test Site. Radioactive wastes are also shipped to the Nevada Test Site for disposal from other Department and Department-authorized sites. Waste management operations at Nevada Test Site include: Accumulation of hazardous waste; disposal of low-level radioactive waste including some classified waste; management of mixed radioactive and hazardous waste; storage of mixed transuranic waste; and disposal of sanitary waste.

Mixed transuranic waste is stored on a pad at Area 5 under conditions set forth in the July 1992 Settlement Agreement between DOE and the State of Nevada. A consent agreement signed by DOE and the Nevada Division of Environmental Protection in 1994 allows storage at Area 5 of mixed waste generated during characterization activities.

Through 1994 there have been 1054 nuclear tests conducted by the United States, 928 of which were conducted on the Nevada Test Site. Defense research and weapons test verification activities were conducted at other test locations in Nevada. Nuclear devices were detonated underground at the Project Shoal Area and the Central Nevada Test Area. From 1957 to 1963, many safety tests using special nuclear materials and chemical explosives were conducted at sites on the Nevada Test Site, Nellis Air Force Range, and Tonopah Test Range to test the safety of nuclear weapons in accident situations. These tests have resulted in the release of radioactive materials and surface contamination over large areas.

The Yucca Mountain site is located on the southwestern boundary of the Nevada Test Site. In the 1987 amendments to the Nuclear Waste Policy Act (NWPA), Congress directed DOE to characterize the Yucca Mountain site for possible development of a geologic repository for disposal of spent nuclear fuel and high level nuclear waste. Prior to passage of the 1987 amendments, DOE had prepared an environmental assessment (EA) which included an analysis of the effects of site characterization activities at Yucca Mountain (DOE/RW-0073, May 1986). If DOE ultimately recommends approval of the Yucca Mountain site to the President, that recommendation must be accompanied by an EIS prepared under the specific provisions of the NWPA. All activities regarding the characterization of the Yucca Mountain site, and any eventual construction and operation of a repository, including environmental review, are regulated by the process prescribed in the NWPA. Therefore, the Nevada Test Site EIS will address ongoing Yucca Mountain site characterization activities only as they relate to the cumulative impacts of activities on the Nevada Test Site during the period covered by the EIS, using the Yucca Mountain EA as a baseline.

Public lands administered by the Bureau of Land Management surround the Nevada Test Site and Nellis Air Force Range on all sides. The Tonopah Test Range is located in the northwestern portion of the Nellis Air Force Range, and is operated by Sandia National Laboratories, under contract with the DOE Albuquerque Operations Office, and through a Memorandum of Agreement between the Department of Energy's Albuquerque and Nevada Operations Offices. The Central Nevada Test Area is located approximately 60 miles east of Tonopah between Warm Springs and Currant (approximately 160 miles north of Las Vegas), and the Project Shoal Area is located approximately 30 miles southeast of Fallon (approximately 90 miles east of Reno and 285 miles northwest of Las Vegas).

The Nevada Test Site, Nellis Air Force Range, and Tonopah Test Range each have restricted-access areas that are not open to the public for purposes such as agriculture, mining, land disposal of wastes, or mineral leasing. With the exception of very limited special hunting access to a portion of the Nellis Air Force Range, these sites are not open for recreational use. The Project Shoal Area and the Central Nevada Test Area are not restricted-access areas and are open for general public uses including grazing and recreation, but not to mining.

Public roads link the Project Shoal Area and the Central Nevada Test Area with the Nevada Test Site and these may be used to ship wastes to the Nevada Test Site. In addition, some public roads may be used to transport waste from Nellis Air Force Range and Tonopah Test Range to the waste management locations on the Nevada Test Site or elsewhere. Public roads are also used to ship low level radioactive waste from other DOE sites to the Nevada Test Site and to ship hazardous waste from the Nevada Test Site to permitted disposal facilities.

Preliminary Identification of Alternatives

The proposed action is to develop a resource management plan for the Nevada Test Site. The Department of Energy needs a site resource management plan that would allow it to continue its missions in a way that minimizes or avoids environmental impacts. A preliminary set of resource management alternatives for evaluation in the EIS has been identified below. The final set of alternatives and issues to be considered in the EIS will reflect consideration of the public input received during the scoping period.

No Action

Under the no action alternative, existing missions and operations would continue at the present level. Environmental restoration activities would continue at the Nevada Test Site and at off-site test locations within the State of Nevada. Off-site test location activities would be consistent with the applicable land use plans of the controlling agency. This alternative includes the potential to resume underground nuclear testing and conducting other nuclear weapon related experiments at the Nevada Test Site. Expanded use of the Nevada Test Site for defense-related experiments, alternative energy source technology development, non- or counter-proliferation research and development and environmental technology development would not be pursued. Waste management activities would continue to support existing DOE missions and operations in the same manner and degree as at present and in the recent past. Continuing activities at the Area 3 and 5 radioactive waste management sites include: the disposal of low-level radioactive wastes generated from both on-site activities and off-site DOE and Department of Defense facilities such as the Fernald Field Office near Cincinnati, Ohio; the Rocky Flats Environmental Technology Site (formerly the Rocky Flats Plant), Golden, Colorado; the Amarillo Area Office (Pantex), Amarillo, Texas; and the Aberdeen Proving Grounds, Aberdeen, Maryland. Other continuing activities include storage of transuranic and other wastes, accumulation of hazardous wastes prior to off-site shipment for disposal, and disposal of on-site generated mixed waste that meets the Resource Conservation and Recovery Act (RCRA) land disposal restriction criteria. Groundwater characterization would continue with the associated waste management activities. This alternative is intended to encompass current operations, including waste management and technology development operations without the improvements or expansion [*40900] which would occur under the expanded use alternative.

Expanded Use

Under this alternative, maximum use would be made of the Nevada Test Site in support of national programs of both a defense and non-defense nature. National Defense activities could include a resumption of underground nuclear testing with the required support activities; conducting other nuclear weapons related experiments; the construction and operation of various types of simulator facilities and other experimental test facilities; tritium production; plutonium storage and disposition; nuclear weapons storage and disassembly and similar activities that could be best conducted at a remote site. The site could also be used for various exercises and technology development aimed at countering nuclear terrorism or proliferation activities. Non-defense programs could include the study of alternative energy sources including the construction and operation of various solar energy facilities that would demonstrate the effectiveness of the technologies; expanded use of the Liquefied Gaseous Fuels Spill Test Facility; and increased use of the site as an Environmental Research Park.

This alternative would include continuation of on-going waste management activities, planned waste management and environmental restoration activities, and enhanced usage of the Site for waste management activities. In addition to on-going activities, planned waste management activities proposed for the Area 5 radioactive waste management site include construction and operation of: certification facilities for various types of waste, expanded mixed waste disposal facilities for on- and off-site generated mixed waste, increased capacity for hazardous and mixed waste storage, waste treatment facilities, closure barriers or caps, and infrastructure improvements.

Enhanced usage would include, for example, options to utilize the Nevada Test Site as specified in other DOE and Department of Defense NEPA documents (such as the Environmental Restoration and Waste Management Programmatic EIS which, among other things, addresses a programmatic alternative under which all DOE low-level radioactive wastes would be disposed of at the Nevada Test Site); regional treatment of mixed waste in accordance with the Federal Facility Compliance Act; and disposal of mixed and transuranic wastes.

Other Alternatives

The Department will consider other resource management alternatives, i.e., variations of the no action alternative that would involve no new projects or a phased reduction in current operations, and no shipments or reduced shipments of off-site waste to the Nevada Test Site. The Department invites public comment on the above, and suggestions regarding other resource management alternatives that should be considered.

Preliminary Identification of Environmental Issues

The following issues have been tentatively identified for analysis in this EIS. This list is intended to facilitate public comment on the scope of the EIS. It is not intended to be all-inclusive, nor is it intended to be a predetermination of impacts.
  1. Potential effects on the public and on-site workers from releases of radiological and hazardous materials during normal operations and from reasonably foreseeable accidents.
  2. Potential effects on air and water quality and other environmental consequences of normal operations and reasonable foreseeable accidents.
  3. Potential cumulative effects from proposed actions and other past, present and reasonably foreseeable future actions.
  4. Potential environmental effects, including human health, economic and social effects on surrounding communities, including minority communities and low-income communities.
  5. Potential effects on sensitive species, economically and recreationally important species, floodplains, wetlands, and historic and archaeological resources, including paleontological sites and Native American resources.
  6. Potential environmental effects of future Nevada Test Site facility decontamination and decommissioning activities.
  7. Potential effects of near- and long-term waste management of off-site generated waste, and environmental restoration activities.
  8. Potential unavoidable adverse environmental impacts.
  9. Short-term uses of the environment versus long-term productivity.
  10. Potential irretrievable and irreversible commitments of resources.

Related Documentation

The Department will prepare transcripts of the oral comments received during the scoping workshops. The records of all comments, both oral and written, received during the scoping period will be made available for public review in the reading rooms listed above. Additional background documents and references identified as pertinent during the EIS process will also be made available in the reading rooms.

The following is a list of forthcoming NEPA documentation related to this EIS that have the potential for affecting its scope by inclusion of the Nevada Test Site as an alternative site for the action being considered:
(a) Reconfiguration Programmatic EIS-On July 23, 1993, the Department published a revised Notice of Intent (56 FR 39528) to prepare a Programmatic EIS for reconfiguration of its nuclear weapons complex due to nuclear weapons stockpile reductions. The Department currently is considering how the scope of this Programmatic EIS should be revised further to reflect more recent budget and stockpile reduction decisions. The Nevada Test Site is a potential alternative site in this EIS.
(b) The Fissile Materials Storage and Disposition Programmatic EIS will address the long-term storage of all fissile nuclear materials and disposition of surplus fissile nuclear materials. The Notice of Intent announcing the preparation of this EIS was published in the Federal Register (59 FR 31985), on June 21, 1994.
(c) The Environmental Restoration and Waste Management Programmatic EIS will address waste management alternatives for existing and proposed actions and DOE complex-wide issues associated with long-term waste management policies and practices. In this Programmatic EIS, the Department is evaluating the Nevada Test Site as an alternative site for managing DOE wastes. An Implementation Plan for this Programmatic EIS was issued in January 1994. The final Programmatic EIS is scheduled to be issued in 1995.
(d) The Spent Nuclear Fuel Management and Idaho National Engineering Laboratory Environmental Restoration and Waste Management Programs EIS analyzes the potential environmental consequences of alternatives to the transportation, receipt, processing, and storage of the Department's spent nuclear fuel. The Nevada Test Site is being evaluated as a potential spent nuclear fuel management site in this analysis, but the Department has stated that the Nevada Test Site is not the preferred alternative;
(e) The Proposed Policy for the Acceptance of United States Origin Foreign Research Reactor Spent Nuclear [*40901] Fuel EIS will address the potential environmental impacts of the proposed policy renewal and its implementation. Under a renewed policy, the United States could accept up to 15,000 foreign research reactor spent fuel elements over a 10 to 15 year period. The Nevada Test Site is a potential storage site in this EIS.
(f) The Continued Operation of the Pantex Plant and Associated Storage of Nuclear Weapons Components EIS will address the potential environmental impacts of the continued operation of the Pantex Plant. These include near- to mid-term foreseeable activities and the nuclear component storage activities at other Department sites associated with nuclear weapon disassembly at the Pantex Plant, over the next 5 to 10 years. The Nevada Test Site is being considered as a potential site under the relocation of operations alternative.
(g) The environmental restoration program at the Fernald Environmental Management project is divided into five operable units. For each operable unit, a feasibility study/proposed plan is being prepared to provide a detailed evaluation of the leading remedial alternative for each area of contamination. Nevada Test Site may be identified as the preferred candidate disposal site for portions of the low level waste generated during cleanup activities for each operable unit. The current schedule for the Department to submit the feasibility study/proposed plans to the U.S. Environmental Protection Agency for approval is as follows: Operable Unit 1 (Waste Pits), submitted July 1994; Operable Unit 2 (Solid Waste Units), to be submitted August 1994; Operable Unit 3 (Production Area), to be submitted November 1996; Operable Unit 4 (Silos), submitted December 1993; and Operable Unit 5 (Environmental Media), to be submitted in February 1995.

Cooperating Agencies

The preparation of this Site-wide EIS will require the participation of several Federal agencies, some of which may be identified as cooperating agencies under the NEPA process. These include the Air Force, Department of the Interior (Bureau of Land Management and Fish and Wildlife Service), and the Defense Nuclear Agency.

Public Scoping Meetings

Public scoping meetings to provide and discuss information, and receive oral comments on the scope of the EIS will be held in the States of Nevada and Utah at locations near the Nevada Test Site which may be affected by potential decisions and implementation.

The dates and locations for the public scoping meetings are listed below. All meetings are scheduled to begin at 6:30 p.m.

September 7, 1994
Fallon Convention Center
100 Campus Way
Fallon, Nevada

September 8, 1994
Carson City Community Center
851 East William Street
Carson City, Nevada

September 13, 1994
Dixie Center Convention Facilities
425 South 700 East
St. George, Utah

September 15, 1994
Tonopah Convention Center
301 Brougher
Tonopah, Nevada

September 20, 1994
Cashman Field Convention Center
850 Las Vegas Blvd, North
Las Vegas, Nevada

September 21, 1994
Bob Ruud Community Center
150 North Highway 160
Pahrump, Nevada

September 22, 1994
Caliente Youth Center
Highway 93
Caliente, Nevada

Oral Comments

All interested parties are invited to record their comments or suggestions concerning this EIS or their request to be placed on the distribution list by calling the Nevada Test Site EIS Hotline at 1-800-405-1140 or 702-794-1550. The hotline will give instructions on how to record comments or requests.

Written Comments

Written comments or suggestions to assist the Department in identifying significant environmental issues and the appropriate scope of the EIS, questions concerning the Nevada Test Site or other involved Department sites, requests for speaking times, requests for copies of the EIS Implementation Plan, and requests to be placed on the distribution list should be directed to: Donald R.Elle, Director, Environmental Protection Division, U.S. Department of Energy, Environmental Impact Statement, P.O. Box 14459, Las Vegas, NV 89114.

Public Meetings Registration and Format

Oral and written comments may be presented at the public scoping meetings. Persons desiring to speak at any of these meetings should register by calling the Nevada Test Site EIS Hotline by 3:00 p.m., Pacific Time, two working days in advance of the scoping meeting; or by writing to the Director of the Environmental Protection Division at the above address. Persons wishing to speak that have not registered in advance may register at the entrance of the meeting room. Individuals speaking on behalf of an organization should identify the organization represented.

In order to solicit individual viewpoints and facilitate interactive communication between participants and representatives of the Department, opportunities will be provided at the scoping meetings for questions and informal discussions regarding the issues to be addressed in this EIS.

Subsequent Document Preparation

After the completion of the public scoping process, the Department will prepare an EIS Implementation Plan and make it available to the public upon request and place it in the public reading rooms. The Plan will record the results of the scoping process and define the alternatives and issues that the Department will evaluate in this EIS. The Plan will also include a schedule for completing the Draft EIS. Availability of the Draft EIS will be announced in the Federal Register. The Department will solicit comments from the public, organizations, and other agencies on the Draft EIS, and will consider all comments in its preparation of the Final EIS.

Issued in Washington, DC this 4th day of August, 1994.

Peter N. Brush,

Acting Assistant Secretary, Environment, Safety and Health.

[FR Doc. 94-19531 Filed 8-9-94; 8:45 am]


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