[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55824-55826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22676]
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DEPARTMENT OF ENERGY
Amended Record of Decision for the Hanford Comprehensive Land-Use
Plan Environmental Impact Statement
AGENCY: Department of Energy.
ACTION: Amended record of decision.
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SUMMARY: The Department of Energy (DOE) is amending its Record of
Decision (ROD) for the Hanford Comprehensive Land-Use Plan
Environmental Impact Statement (HCP-EIS) (DOE/EIS-0222; September
1999), which evaluated the potential environmental impacts associated
with implementing a comprehensive land-use plan (CLUP) for the Hanford
Site near Richland, Washington. The CLUP consists of four key elements:
(i) A land-use map that addresses the Hanford Site as five geographic
areas and shows the planned future uses for each area, (ii) a set of
nine land-use designations that define the permissible activities for
each use, (iii) land-use planning policies, and (iv) implementing
procedures that apply to the review and approval of future land uses.
These elements were developed to ensure consistency in land-use
decisionmaking and application of DOE institutional controls to the
Site. The ROD (64 FR 61615; November 12, 1999) adopted the CLUP for at
least the next 50 years.
In amending the 1999 ROD, DOE seeks to clarify two points: that
when considering land-use proposals, DOE will use regulatory processes
in addition to the implementing procedures in Chapter 6 of the HCP-EIS
to ensure consistency with CLUP land-use designations, and that DOE
will continue to apply the process under HCP-EIS Chapter 6 to modify or
amend the CLUP, as needed.
The CLUP will remain in effect as long as DOE retains legal control
of some portion of the Hanford Site, which is expected to be longer
than 50 years. As a ``living document,'' the CLUP is intended to be
flexible enough to accommodate changes, both anticipated and
unforeseen, in missions and conditions. The HCP-EIS recommends
reassessment of the CLUP every 5 years through a Supplement Analysis
process under the DOE National Environmental Policy Act (NEPA)
Implementing Procedures (10 CFR 1021.314).
ADDRESSES: The documents referenced herein are available from: Center
for Environmental Management Information, P.O. Box 23769, Washington,
DC 20026-3769, Telephone: 800-736-3282 (in Washington, DC: 202-863-
5084).
The 1999 HCP-EIS and ROD are available, and the Supplement Analysis
and this amended ROD will be available, at http://www.gc.energy.gov/NEPA/ under ``DOE NEPA Documents.''
FOR FURTHER INFORMATION CONTACT:
For further information on the Supplement Analysis for the HCP-EIS,
contact: Mr. Woody Russell, NEPA Compliance Officer, U.S. Department of
Energy, Office of River Protection, MS H6-60 P.O. Box 450, Richland, WA
99352, Telephone: 509-373-5227.
For information on DOE's NEPA process, contact: Ms. Carol
Borgstrom, Director, Office of NEPA Policy and Compliance (GC-20), U.S.
Department of Energy, 1000 Independence Avenue, SW., Washington, DC
20585-0103, Telephone: 202-586-4600, or leave a message at 800-472-
2756.
SUPPLEMENTARY INFORMATION:
I. Background
DOE published a Notice of Intent (NOI) (57 FR 37959; August 21,
1992) to prepare the Hanford Remedial Action EIS and identified as an
EIS objective the establishment of future land uses at the Hanford Site
near Richland, Washington. After public scoping, DOE issued an
Implementation Plan (DOE/RL-93-66, June 1995) to document the
recommendations of the Federal, state, and local agencies, Native
American Tribes, and interested individuals and organizations, many of
whom had been working with DOE to identify future use options for the
Site.
In response to new directives (DOE Order 430.1A, Life-Cycle Asset
Management, and National Defense Authorization Act for FY97, 42 U.S.C.
7274k, redesignated 50 U.S.C. 2582), DOE revised the scope of the EIS
to prepare a comprehensive land-use plan for the Site. Seven
cooperating agencies (Federal and local agencies) and two consulting
Tribal governments developed alternatives analyzed in the EIS and
helped develop the CLUP. In September 1996, DOE issued the Draft
Hanford Remedial Action EIS and
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Comprehensive Land-Use Plan (61 FR 47739) and received extensive
comments. To address this input, DOE issued a second, revised draft (64
FR 19983; April 23, 1999).
DOE considered comments received on the revised draft, and in
September 1999 issued a final EIS, Hanford Comprehensive Land-Use Plan
Environmental Impact Statement (HCP-EIS), with a new title that
reflected the change in scope from remedial action to land-use
planning. The ROD (64 FR 61615; November 12, 1999) adopted DOE's
Preferred Alternative as the CLUP, with the HCP-EIS Chapter 6 process
as the governing processes to ensure consistent implementation of the
CLUP.
II. Other Regulatory Processes at Hanford
Since 1999, the Hanford Site's primary mission has been
environmental cleanup, using the Tri-Party Agreement (TPA) negotiated
among the U.S. Environmental Protection Agency (EPA), Washington State
Department of Ecology (Ecology), and DOE as the framework for
implementing the requirements of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), the Resource
Conservation and Recovery Act (RCRA), and the State of Washington
Hazardous Waste Management Act (HWMA). Other important requirements are
integrated into this cleanup decisionmaking process, including NEPA
values and the substantive provisions of the National Historic
Preservation Act (NHPA).
The TPA includes requirements for soliciting input from other
agencies, Tribal governments, and the public before the Tri-Party
agencies make cleanup decisions. Cleanup decisionmaking is based on
proposed uses of land and facilities, risk assessments of exposure
scenarios that include reasonably anticipated future land uses, and
consideration of other legally applicable or relevant and appropriate
requirements established under Federal, state, or local agency laws,
regulations, and policies.
III. Supplement Analysis
A. The Supplement Analysis Evaluation
To determine whether the existing HCP-EIS remains adequate or
whether a new or supplemental EIS is needed, DOE prepared a Supplement
Analysis under the DOE NEPA regulations (10 CFR 1021.314). DOE
identified documents developed from September 1999 through September
2007 that potentially involve land use at the Hanford Site. Documents
considered in this evaluation to support the Supplement Analysis
include existing NEPA, CERCLA/TPA, RCRA/HWMA, and NHPA documents; DOE
Orders, policies, and guidelines; DOE real estate licenses, permits,
easements, deed notices; laws, regulations, Executive Orders; and
cultural/historical documents. DOE solicited input from Tribal Nations
and interested stakeholders to identify additional relevant documents
to be evaluated.
After identifying candidate decision documents with land-use
involvement, current actions, and reasonably foreseeable actions, DOE
evaluated these for consistency with the CLUP. In a few cases, the
analyses were still under development and a draft document was not yet
available to determine whether the CLUP would be affected. In other
cases, analysis in a draft document provides sufficient information to
determine whether land use is involved, even though the document and
associated decision had not been finalized; DOE included these as
reasonably foreseeable actions in the Supplement Analysis. DOE's next
Supplement Analysis is expected to reflect any such final documents and
decisions as needed and appropriate, consistent with the HCP-EIS
Chapter 6 process and DOE's NEPA regulations.
Though not required under the DOE NEPA regulations, DOE issued the
draft Supplement Analysis on March 24, 2008, for a 30-day public review
period. The principal comments received, from area Tribes and
stakeholders, were that DOE should live up to commitments in resource
management plans it issues and should implement CLUP land-use values in
the cleanup process. DOE addressed the comments in the final Supplement
Analysis and considered all comments in issuing this Amended ROD.
B. Results of the Supplement Analysis
In reviewing the implementation of area and resource management
plans for maintaining appropriate environmental controls and
mitigation, DOE identified changes from the plans as established by the
CLUP (HCP-EIS, Table 6-4). For example, DOE found that in a few cases
the scope of a management plan is being covered by other management
plans. Two resource management plans originally identified in the HCP-
EIS have not been prepared, and two others--one for Gable Mountain/
Gable Butte (finalized and issued) and the other for Rattlesnake
Mountain (still under development)--are tiered from the Hanford
Cultural Resources Management Plan. A draft Cultural and Biological
Resources Management Plan was developed for areas of the Hanford Site
now being managed by DOE's Pacific Northwest Site Office and issued for
public comment, but has not been finalized. These deviations from the
CLUP are minor and have not affected the CLUP (including the land-use
map, designations, and policies). The management plans in place today
or still under development continue to support DOE's efforts to
streamline environmental planning at Hanford and integrate it with the
CLUP. DOE found that these plans, which have been or will be provided
to stakeholders, are largely being applied consistently at the Hanford
Site.
DOE found that other regulatory processes followed at the Hanford
Site, such as RCRA and CERCLA, have been used effectively to determine
whether proposed activities at the Hanford Site are consistent with the
CLUP. Under the TPA framework for cleanup of the Hanford Site, the
requirements of the CERCLA and the RCRA/HWMA processes are implemented,
including opportunities for stakeholder participation in
decisionmaking. Values under the NEPA and State Environmental Policy
Act (SEPA) processes, cultural considerations under the NHPA, and land-
use considerations such as consistency with the CLUP also are
integrated into cleanup decisionmaking under the TPA framework.
C. Basis of Supplement Analysis Determination
In reaching a determination on the need for a new or supplemental
EIS for the CLUP, DOE has considered the documents and other
information developed since 1999 concerning land use at the Hanford
Site as evaluated in the Supplement Analysis, regulatory processes that
have been used to consider land use and consistency with the CLUP, and
comments received on the draft Supplement Analysis. DOE finds that
modification of resource management plans are minor and consistent with
the CLUP. Based on the Supplement Analysis, DOE has not identified
significant new circumstances or changes relevant to environmental
concerns that affect the CLUP.
DOE finds that other regulatory processes followed at the Hanford
Site under the TPA framework, such as RCRA and CERCLA, have been used
effectively to determine whether proposed activities at the Hanford
Site are consistent with the CLUP and provide equivalent opportunities
for agencies, Tribes, and the public to participate in decisionmaking.
Values
[[Page 55826]]
under the NEPA and SEPA processes, cultural considerations under the
NHPA, and land-use considerations such as consistency with the CLUP are
considered also in cleanup decisions under the TPA framework. This
Amended ROD clarifies DOE's finding that the use of these other
regulatory processes is consistent with processes established in the
HCP-EIS to ensure that land-use decisions are consistent with the CLUP.
However, DOE does not believe it is appropriate to use these other
regulatory processes to amend the CLUP (including making changes to
land-use map, designations, and policies). Proposals to amend any
aspect of the CLUP will continue to follow the process outlined in
Chapter 6 of the HCP-EIS. The review process for land-use requests that
would change or modify the CLUP (Figure 5-1 of the Supplement Analysis)
requires review by the DOE Real Estate Officer (REO) and the DOE NEPA
Compliance Officer. As stated in Section 6.4 of the final HCP-EIS:
The REO receives notice (e.g., NEPA checklist, SEPA checklist,
CERCLA RI/FS [Remedial Investigation/Feasibility Study] review
request, CERCLA review request, RCRA permit request, etc.) from a
proposed project or activity and initiates, with the NEPA Compliance
Officer (NCO), a coordinated project review. * * * As an initial
step in the review process, the REO determines whether the project
is an ``Allowable Use,'' ``Special Use,'' or ``Amendment'' to the
CLUP. For projects that require Special Use Permits or Plan
Amendments, the REO obtains comments and recommendations from the
SPAB [Site Planning Advisory Board] on the suitability of the
proposed ``Use'' with respect to the existing CLUP map, land-use
policies, and implementing procedures. For CLUP Amendments, review
includes a final RL [Richland Operations Office] Site Management
Board (SMB) affirmation, or the SMB can refer a proposed Plan
Amendment back to the REO for further review.
As discussed in the Supplement Analysis (Section 5.5), this review
process may result in additional NEPA review.
IV. Supplement Analysis Determination and Amended Decision
Based on the Supplement Analysis, DOE finds no significant new
circumstances or information relevant to environmental concerns and
bearing on the proposed actions or their impacts as described in the
HCP-EIS. Therefore, DOE has determined that neither a new EIS nor a
supplement to the existing HCP-EIS is needed at this time.
Based on the Supplement Analysis, DOE concludes that using the
regulatory processes in place at the Hanford Site under the framework
of the Tri-Party Agreement is an acceptable way to ensure land use is
being implemented consistently with the CLUP. DOE will continue to
follow the provisions of section 6.4 of the HCP-EIS for proposed
amendments to the CLUP. Resource and area management plans will
continue to be developed and implemented with the goal of protecting
Hanford's resources, maintaining consistency with CLUP policies and
goals, and honoring commitments made in these management plans.
Issued in Washington, DC, on September 19, 2008.
James A. Rispoli,
Assistant Secretary for Environmental Management.
[FR Doc. E8-22676 Filed 9-25-08; 8:45 am]
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