[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Pages 36684-36685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17566]


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DEPARTMENT OF ENERGY


Notice of an Additional Scoping Meeting for the Environmental 
Impact Statement for the Long-Term Management and Storage of Elemental 
Mercury, Extension of the Public Comment Period, and Correction

AGENCY: Department of Energy.

ACTION: Notice of an Additional Scoping Meeting, Extension of the 
Public Comment Period, and Correction.

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SUMMARY: On July 2, 2009, the Department of Energy (DOE or the 
Department) published its Notice of Intent to prepare an Environmental 
Impact Statement for the Long-Term Management and Storage of Elemental 
Mercury (Mercury Storage EIS) (74 FR 31723). In that Notice of Intent, 
DOE invited public comments on the proposed scope of the Mercury 
Storage EIS during a 45-day public scoping period and announced seven 
public scoping meetings would be held in the vicinity of the sites 
proposed for evaluation in this EIS as candidate facilities for the 
long-term management and storage of elemental mercury generated within 
the United States. DOE is now announcing the addition of a public 
scoping meeting to be held on August 13, 2009, in Portland, Oregon, and 
an extension of the public scoping period. DOE also is correcting 
language contained in the July 2, 2009, Notice of Intent.

DATES: DOE is extending the scoping period from the 45 days previously 
announced to 52 days. DOE invites public comment on the scope of this 
EIS during a public scoping period that commenced on July 2, 2009, and 
has been extended from August 17, 2009, to August 24, 2009. DOE will 
hold all of the public scoping meetings on this EIS from 5:30 p.m.-9:30 
p.m.. The added public scoping meeting will be held as follows:
    August 13, 2009. Red Lion Portland Convention Center, 1021 NE., 
Grand Avenue, Portland, OR 97232.
    All other public scoping meetings will be held as announced in the 
July 2, 2009, Notice of Intent. Additional details on all scoping 
meetings will be provided in local media and at http://www.mercurystorageeis.com.
    In defining the scope of the EIS, DOE will consider all comments 
received or postmarked by the end of the scoping period. Comments 
received or postmarked after the scoping period end date will be 
considered to the extent practicable.

ADDRESSES: Written comments on the scope of the EIS may be submitted by 
mail to: Mr. David Levenstein, EIS Document Manager, P.O. Box 2612 
Germantown, MD 20874, by toll free fax to 1-877-274-5462; or through 
the EIS Web site at http://www.mercurystorageeis.com.
    To be placed on the EIS distribution list, any of the methods 
listed under ADDRESSES above can be used. In requesting a copy of the 
Draft EIS, please specify whether the request is for a copy of the 
Summary only, the entire Draft EIS, or the entire Draft EIS (which 
includes the Summary) on a compact disc. In addition, the Draft EIS 
will be available on the DOE NEPA Web site at http://www.gc.energy.gov/NEPA/ and at the EIS Web site referenced above.

FOR FURTHER INFORMATION CONTACT: For further information about the EIS, 
please contact Mr. David Levenstein, EIS Document Manager, Office of 
Regulatory Compliance (EM-10), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585. For general information 
concerning DOE's NEPA process, contact: Carol M. Borgstrom, Director, 
Office of NEPA Policy and Compliance (GC-20), U.S. Department of 
Energy, 1000 Independence Avenue, SW., Washington, DC 20585; e-mail: 
[email protected]; telephone 202-586-4600; fax 202-586-7031; or leave 
a message at 1-800-472-2756. This Notice will be available at http://www.gc.energy.gov/NEPA/ and at http://www.mercurystorageeis.com.

SUPPLEMENTARY INFORMATION: On July 2, 2009 (74 FR 31723), the 
Department published a Notice of Intent in the Federal Register. We 
believe it is necessary to issue the following correction to read:
     On page 31723, the first sentence of the ``Background'' 
section is corrected to read: The Mercury Export Ban Act of 2008 (Pub. 
L. No. 110-414), amends section 6 of the Toxic Substances Control Act 
(TSCA) (15 USC 2605) to prohibit, effective October 14, 2008, any 
Federal agency from conveying, selling, or distributing (with certain 
limited exceptions) to any other Federal agency, any State or local 
government agency, or any private individual or entity any elemental 
mercury under the control or jurisdiction of the Federal agency. In all 
other respects, the SUPPLEMENTARY INFORMATION section of the July 2, 
2009, Notice of Intent remains the same.
    The Mercury Export Ban Act also prohibits the export of elemental 
mercury from the United States effective January 1, 2013 (subject to 
certain essential use exceptions). Section 5 of the Act, Long-Term 
Storage, directs DOE to designate a facility or facilities for the

[[Page 36685]]

long-term management and storage of elemental mercury generated within 
the United States. DOE's facility or facilities must be operational by 
January 1, 2013, and ready to accept custody of elemental mercury 
delivered to such a facility. The Act also requires DOE to assess fees 
based upon the pro rata costs of long-term management and storage. For 
additional supplementary information regarding anticipated mercury 
inventory, proposed NEPA alternatives, and preliminary identification 
of environmental issues, please refer to the July 2, 2009, Notice of 
Intent.

Purpose and Need for Action

    DOE needs to develop a capability for the safe and secure long-term 
management and storage of elemental mercury as required by the Act. 
Accordingly, the Department needs to identify an appropriate facility 
or facilities to host this activity.

Proposed Action

    DOE proposes to select one or more existing (including modification 
as needed) or new facilities for the long-term management and storage 
of elemental mercury in accordance with the Act. Facilities to be 
constructed as well as existing or modified facilities must comply with 
applicable requirements of section 5(d) of the Act, Management 
Standards for a Facility, including the requirements of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery Act 
(RCRA), and other permitting requirements. DOE intends to identify the 
facility or facilities through the NEPA process. EPA is a cooperating 
agency on the EIS.

EIS Process and Invitation to Comment

    NEPA implementing regulations require an early and open process for 
determining the scope of an EIS and for identifying the significant 
issues related to the proposed action. Accordingly, DOE has invited 
Federal agencies, State, local and Tribal governments, the general 
public and international community to comment on the scope of the EIS, 
including identification of reasonable alternatives and specific issues 
to be addressed. DOE will hold public meetings on the scope of the EIS. 
(See DATES section above for detailed information.)
    At each scoping meeting, DOE plans to hold an open house one hour 
prior to the formal portion of the meetings to allow participants to 
register to provide oral comments, view informational materials, and 
engage project staff. The registration table will have an oral comment 
registration form as well as a sign up sheet for those who do not wish 
to give oral comments but who would like to be included on the mailing 
list to receive future information. The public may provide written and/
or oral comments at the scoping meetings. Analysis of all public 
comments provided during the scoping meetings as well as those 
submitted as described in ADDRESSES above, will be considered in 
helping DOE further develop the scope of the EIS and potential issues 
to be addressed. DOE expects to issue a Draft EIS in the fall of 2009.

    Issued in Washington, DC on July 17, 2009.
Frank Marcinowski,
Deputy Assistant Secretary for Regulatory Compliance, Office of 
Environmental Management.
[FR Doc. E9-17566 Filed 7-23-09; 8:45 am]
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