As required by the Mercury Export Ban Act of 2008 the Department of Energy plans to designate a facility or facilities for the long-term management and storage of elemental mercury generated within the United States. To this end, the Department intends to prepare an environmental impact statement in accordance with the National Environmental Policy Act of 1969 regulations of the President’s Council on Environmental Quality and DOE’s implementing procedures. This EIS will evaluate alternatives for such a facility or facilities in order to have the requisite capability operational by January 1, 2013, as stipulated in the Act.

1. Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31723
viewpoint. Participants will be selected PERSON TO CONTACT FOR INFORMATION: requesting a copy of the Draft EIS,
on a first-come, first-served basis. Bryan Whitener, Telephone: (202) 566– please specify whether the request is for
However, to maximize diversity of 3100. a copy of the Summary only, the entire
input, only one participant per Draft EIS, or the entire Draft EIS (which
Alice Miller,
organization or entity will be chosen if includes the Summary) on a compact
Chief Operating Officer, U.S. Election disc. In addition, the Draft EIS will be
necessary. Participants will receive Assistance Commission.
confirmation by 12 p.m. EDT on Friday, available on the DOE NEPA Web site at
[FR Doc. E9–15798 Filed 6–30–09; 4:15 pm] http://www.gc.energy.gov/NEPA/ and at
July 10, 2009. Those who are not BILLING CODE 6820–KF–P
selected to speak may provide written the EIS Web site referenced above.
comments. Requests to speak may be FOR FURTHER INFORMATION CONTACT: For
sent to the EAC via e-mail at further information about the EIS,
DEPARTMENT OF ENERGY please contact David Levenstein, EIS
testimony@eac.gov, via mail addressed
to the U.S. Election Assistance Notice of Intent To Prepare an Document Manager, Office of Regulatory
Commission, 1225 New York Avenue, Environmental Impact Statement for Compliance (EM–10), U.S. Department
NW., Suite 1100, Washington, DC the Long-Term Management and of Energy, 1000 Independence Avenue,
20005, or by fax at 202–566–1389. All Storage of Elemental Mercury SW., Washington, DC 20585. For general
information concerning DOE’s NEPA
requests must include a description of
AGENCY: Department of Energy. process, contact: Carol M. Borgstrom,
what will be said, contact information
ACTION: Notice of intent. Director, Office of NEPA Policy and
which will be used to notify the Compliance (GC–20), U.S. Department
requestor with status of request (phone SUMMARY: As required by the Mercury of Energy, 1000 Independence Avenue,
number on which a message may be left Export Ban Act of 2008 (Pub. L. 110– SW., Washington, DC 20585, e-mail:
or e-mail), and include the subject/ 414), hereafter referred to as the Act, the askNEPA@hq.doe.gov; telephone 202–
attention line (or on the envelope if by Department of Energy (DOE or the 586–4600, fax 202–586–7031, or leave a
mail): Technology and Disability Department) plans to designate a facility message at 1–800–472–2756. This
Access. Please note that these comments or facilities for the long-term Notice will be available at http://
will be made available to the public at management and storage of elemental www.gc.energy.gov/NEPA/ and at
http://www.eac.gov. mercury generated within the United http://www.mercurystorageeis.com.
Written comments from members of States. To this end, the Department SUPPLEMENTARY INFORMATION:
the public, regarding technological intends to prepare an environmental
impact statement (EIS) in accordance Background
solutions for voting systems that ensure
with the National Environmental Policy The Mercury Export Ban Act of 2008
that voters with disabilities can vote in
Act (NEPA) of 1969 regulations of the (Pub. L. 110–414) prohibits, as of
a private and independent manner, will President’s Council on Environmental
also be accepted. This testimony will be January 1, 2013, the sale, distribution, or
Quality (40 CFR parts 1500–1508) and transfer of elemental mercury by Federal
included as part of the written record of DOE’s implementing procedures (10
the hearing, and available on our Web agencies to any other Federal agency,
CFR part 1021). This EIS will evaluate any State or local government agency, or
site. Written testimony must be received alternatives for such a facility or any private individual or entity that is
by 5 p.m. EDT on Friday, July 10, 2009, facilities in order to have the requisite under the control of a Federal agency
and should be submitted via e-mail at capability operational by January 1, (with certain limited exceptions). It also
testimony@eac.gov, via mail addressed 2013, as stipulated in the Act. The prohibits the export of elemental
to the U.S. Election Assistance United States Environmental Protection mercury from the United States effective
Commission 1225 New York Avenue, Agency (EPA) is a cooperating agency January 1, 2013 (subject to certain
NW., Suite 1100, Washington, DC for this EIS. essential use exceptions). Section 5 of
20005, or by fax at 202–566–1389. All DATES: DOE invites public comment on the Act, Long-Term Storage, directs DOE
correspondence that contains written the scope of this EIS during a 45-day to designate a facility or facilities for the
testimony must have in the subject/ public scoping period commencing July long-term management and storage of
attention line (or on the envelope if by 2, 2009 and ending on August 17, 2009. elemental mercury generated within the
mail): Written Submission for In defining the scope of the EIS, DOE United States. DOE’s facility or facilities
Technology and Disability Access. will consider all comments received or must be operational by January 1, 2013,
Members of the public may observe postmarked by the end of the scoping and ready to accept custody of
but not participate in EAC meetings period. Comments received or elemental mercury delivered to such a
postmarked after the scoping period end facility. The Act also requires DOE to
unless this notice provides otherwise.
date will be considered to the extent assess fees based upon the pro rata costs
Members of the public may use small
practicable. For dates, times and of long-term management and storage.
electronic audio recording devices to
locations of public scoping meetings, Inventory: There are several sources of
record the proceedings. The use of other see SUPPLEMENTARY INFORMATION below. elemental mercury in the United States,
recording equipment and cameras
ADDRESSES: Written comments on the including mercury used in the chlorine
requires advance notice to and and caustic soda manufacturing process
scope of the EIS may be submitted by
coordination with the Commission’s mail to: Mr. David Levenstein, EIS (i.e., chlor-alkali industry), reclaimed
Communications Office.* Document Manager, P.O. Box 2612, from recycling and waste recovery
* View EAC Regulations Germantown, MD 20874, by toll free fax activities, and generated as a byproduct
Implementing Government in the to 1–877–274–5462; or through the EIS of the gold mining process. In addition,
rmajette on PRODPC74 with NOTICES
Sunshine Act. Web site at http:// DOE stores approximately 1,200 metric
This meeting will be open to the www.mercurystorageeis.com. tons of elemental mercury at the Y–12
public. To be placed on the EIS distribution National Security Complex in Oak
list, any of the methods listed under Ridge, Tennessee. The Department of
ADDRESSES above can be used. In Defense (DOD) stores approximately
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2. 31724 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices
4,400 metric tons of elemental mercury a framework for identifying candidate Preliminary Identification of
at various locations. host locations: Environmental Issues
An EPA report, ‘‘Mercury Storage Cost • The facility or facilities will not DOE proposes to address the issues
Estimates’’ (2007), estimates the total create significant conflicts with any listed below when considering the
amount of elemental mercury from non- existing DOE site mission and will not potential impacts of the proposed
governmental sources that would be interfere with future mission management and storage alternatives in
eligible for DOE storage is between compatibility; the EIS. This list is presented to
7,500 and 10,000 metric tons over a 40- • The candidate host location has an facilitate public comment during the
year period. DOE plans to use such existing facility or facilities suitable for scoping period and will be revisited as
estimates and other credible sources of mercury storage with the capability and DOE considers the scoping comments. It
information to develop an annual and flexibility for operational expansion, if is not intended to be comprehensive,
long-term inventory estimate for EIS necessary; nor to imply any predetermination of
evaluation. During the scoping period, • The facility or facilities is, or impacts.
DOE invites commentors to provide potentially will be, capable of • Potential effects on the public
inventory data on elemental mercury for complying with RCRA permitting health from exposure to hazardous
consideration in the EIS. requirements, including siting materials under routine operations and
requirements; credible accident scenarios including
Purpose and Need for Action • The facility or facilities has natural disasters (floods, hurricanes,
DOE needs to develop a capability for supporting infrastructure, including a tornadoes, and seismic events);
the safe and secure long-term capability or potential capability for • Impacts on surface and
management and storage of elemental flooring that would support mercury groundwater, floodplains and wetlands,
mercury as required by the Act. loadings; and on water use and quality;
Accordingly, the Department needs to • Storage of elemental mercury at the • Impacts on air quality (including
identify an appropriate facility or facility or facilities is compatible with global climate change) and noise;
facilities to host this activity. local and regional land use plans; • Impacts on plants and animals and
• The facility or facilities is accessible their habitats, including species that are
Proposed Action to major transportation routes; and Federal- or State-listed as threatened or
DOE proposes to select one or more • The candidate host location has endangered, or of special concern;
existing (including modification as sufficient information on hand in order • Impacts on geology and soil;
needed) or new facilities for the long- to adequately characterize the site. • Impacts on cultural resources such
term management and storage of In March 2009, DOE published a as historic, archeological, and Native
elemental mercury in accordance with Request for Expressions of Interest in American culturally important sites;
the Act. Facilities to be constructed as the Federal Register (74 FR 11923, • Socioeconomic impacts on
well as existing or modified facilities March 20, 2009) as well as in the potentially affected communities;
must comply with applicable Federal Business Opportunities seeking • Environmental Justice, particularly
requirements of Section 5(d) of the Act, interest from Federal agencies and from whether or not long-term elemental
Management Standards for a Facility, the private sector regarding potential mercury management and storage
including the requirements of the Solid locations for a facility or facilities where activities have a disproportionately high
Waste Disposal Act, as amended by the DOE can store and manage mercury and adverse effect on minority and low-
Resource Conservation and Recovery pursuant to the Act. Based on the income populations;
Act (RCRA), and other permitting responses received and on the criteria • Potential impacts on land-use
requirements. DOE intends to identify identified above, DOE proposes to plans, policies and controls, and visual
the facility or facilities through the evaluate the following candidate host resources;
NEPA process. EPA is a cooperating sites as alternatives for the long-term • Pollution prevention and waste
agency on the EIS. management and storage of elemental management practices and activities;
Proposed Alternatives
mercury: • Unavoidable adverse impacts, and
• Grand Junction Disposal Site, Grand irreversible and irretrievable
As required by the Council on Junction, CO; commitments of resources;
Environmental Quality and DOE NEPA • Hanford Site, Richland, WA; • Potential cumulative environmental
implementing procedures at 40 CFR • Hawthorne Army Depot, effects of past, present, and reasonably
parts 1500–1508 and 10 CFR part 1021, Hawthorne, NV; foreseeable future actions;
respectively, DOE will evaluate the • Idaho National Laboratory, Idaho • Status of compliance with all
range of reasonable alternatives for a Falls, ID; applicable Federal, state and local
facility or facilities for the long-term • Kansas City Plant, Kansas City, MO; statutes and regulations, international
management and storage of elemental • Savannah River Site, Aiken, SC; agreements, and required Federal and
mercury. These alternatives will include and State environmental permits,
the modification of existing facilities as • Waste Control Specialists, consultations, and notifications; and
may be necessary. Recognizing that new Andrews, TX. • Potential impacts of intentional
construction may be needed at some As required by NEPA, the EIS will destructive acts, including sabotage and
candidate locations, DOE proposes to evaluate a No Action alternative to serve terrorism.
evaluate a generic, newly constructed as a basis for comparison with the
facility that would meet RCRA action alternatives. Under the No Action EIS Process and Invitation To Comment
requirements, such that new alternative, long-term management and NEPA implementing regulations
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construction could be considered at storage of privately-owned elemental require an early and open process for
some candidate locations along with mercury would remain the determining the scope of an EIS and for
modification of existing facilities as responsibility of its owners, and identifying the significant issues related
appropriate. DOE has developed the government-owned elemental mercury to the proposed action. Accordingly,
following preliminary criteria to use as would remain at existing facilities. DOE invites Federal agencies, State,
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3. Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31725
local and Tribal governments, the DEPARTMENT OF ENERGY copying within 30 days at the Freedom
general public and international of Information Public Reading Room;
community to comment on the scope of Basic Energy Sciences Advisory 1E–190, Forrestal Building; 1000
the EIS, including identification of Committee Independence Avenue, SW.;
reasonable alternatives and specific Washington, D.C. 20585; between 9 a.m.
AGENCY: Department of Energy, Office of
issues to be addressed. and 4 p.m., Monday through Friday,
Science.
except holidays.
DOE will hold public scoping ACTION: Notice of open meeting.
meetings from 5:30 p.m.–9:30 p.m. on Issued in Washington, DC, on June 30,
SUMMARY: This notice announces a 2009.
the following dates and locations:
meeting of the Basic Energy Sciences Rachel M. Samuel,
• July 21, 2009 Two Rivers Advisory Committee (BESAC). Federal Deputy Committee Management Officer.
Convention Center, 159 Main Street, Advisory Committee Act (Pub. L. 92– [FR Doc. E9–15779 Filed 7–1–09; 8:45 am]
Grand Junction, CO 81501. 463, 86 Stat. 770) requires that public BILLING CODE 6450–01–P
• July 23, 2009 Embassy Suites notice of these meetings be announced
Kansas City—Plaza, 220 West 43rd in the Federal Register.
Street, Kansas City, MO 64111. DATES: Thursday, July 9, 2009, 8:30 ENVIRONMENTAL PROTECTION
• July 28, 2009 Clarion Hotel and a.m.–5:30 p.m., and Friday, July 10, AGENCY
Conference Center, 1515 George 2009, 8:30 a.m. to 12 noon.
ADDRESSES: Bethesda North Marriott
[EPA–HQ–OAR–2009–0234; FRL–8925–
Washington Way, Richland, WA 99352.
Hotel and Conference Center, 5701 7]
• July 30, 2009 North Augusta
Municipal Center, 100 Georgia Avenue, Marinelli Road, North Bethesda, MD Agency Information Collection
20852. Activities: Proposed Collection;
North Augusta, SC 29841.
• August 4, 2009 El Capitan Resort, FOR FURTHER INFORMATION CONTACT: Comment Request; Information
Katie Perine; Office of Basic Energy Request for National Emission
540 F Street, Hawthorne, NV 89415.
Sciences; U. S. Department of Energy; Standards for Coal- and Oil-fired
• August 6, 2009 James Roberts Germantown Building, Independence Electric Utility Steam Generating Units;
Civic Center, 855 E. Broadway, Avenue, Washington, DC 20585; EPA ICR No. 2362.01
Andrews, TX 79714. Telephone: (301) 903–6529.
AGENCY: Environmental Protection
• August 11, 2009 Shilo Inn/ SUPPLEMENTARY INFORMATION: Purpose of Agency (EPA).
O’Callahans Convention Center, 780 the Meeting: The purpose of this ACTION: Notice.
Lindsay Blvd., Idaho Falls, ID 83402. meeting is to provide advice and
Additional details on the scoping guidance with respect to the basic SUMMARY: In compliance with the
meetings will be provided in local energy sciences research program. Paperwork Reduction Act (PRA) (44
Tentative Agenda: Agenda will U.S.C. 3501 et seq.), this action
media and at http://
include discussions of the following: announces that EPA is planning to
www.mercurystorageeis.com.
• News from Office of Science/DOE; submit a request for a new Information
At each scoping meeting, DOE plans • News from the Office of Basic Collection Request (ICR) to the Office of
to hold an open house one hour prior Energy Sciences; Management and Budget (OMB). Before
to the formal portion of the meetings to • Report from the New Era submitting the ICR to OMB for review
allow participants to register to provide Subcommittee’s Photon Workshop; and approval, EPA is soliciting
oral comments, view informational • Energy Frontier Research Center comments on the proposed information
materials, and engage project staff. The Update; collection as described below.
registration table will have an oral • COV Report for Materials Science DATES: Comments must be submitted on
comment registration form as well as a and Engineering Division; or before August 31, 2009.
sign up sheet for those who do not wish • New BESAC Charge. ADDRESSES: Submit your comments,
to give oral comments but who would Public Participation: The meeting is identified by Docket ID No. EPA–HQ–
like to be included on the mailing list open to the public. If you would like to OAR–2009–0234, by one of the
to receive future information. The file a written statement with the following methods:
public may provide written and/or oral Committee, you may do so either before • www.regulations.gov: Follow the
comments at the scoping meetings. or after the meeting. If you would like on-line instructions for submitting
to make oral statements regarding any of comments.
Analysis of all public comments the items on the agenda, you should • E-mail: a-and-r-docket@epa.gov.
provided during the scoping meetings as contact Katie Perine at 301–903–6594 • Fax: (202) 566–1741.
well as those submitted as described in (fax) or katie.perine@science.doe.gov (e- • Mail: Air and Radiation Docket and
ADDRESSES above, will be considered in mail). Reasonable provision will be Information Center, Environmental
helping DOE further develop the scope made to include the scheduled oral Protection Agency, Mailcode: 22821T,
of the EIS and potential issues to be statements on the agenda. The 1200 Pennsylvania Ave., NW.,
addressed. DOE expects to issue a Draft Chairperson of the Committee will Washington, DC 20460.
EIS in the fall of 2009. conduct the meeting to facilitate the • Hand Delivery: Air and Radiation
Issued in Washington, DC, on June 24,
orderly conduct of business. Public Docket and Information Center, U.S.
2009. comment will follow the 10-minute EPA, Room 3334, EPA West Building,
rule. This notice is being published less 1301 Constitution Avenue, NW.,
rmajette on PRODPC74 with NOTICES
Scott Blake Harris,
than 15 days before the date of the Washington, DC. Such deliveries are
General Counsel. meeting due to programmatic issues that only accepted during the Docket’s
[FR Doc. E9–15704 Filed 7–1–09; 8:45 am] had to be resolved. normal hours of operation, and special
BILLING CODE 6450–01–P Minutes: The minutes of this meeting arrangements should be made for
will be available for public review and deliveries of boxed information.
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