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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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

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[Federal Register: July 24, 2009 (Volume 74, Number 141)]
[Notices]
[Page 36684-36685]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy09-53]

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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. Exit Disclaimer
    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. Exit Disclaimer
    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:
askNEPA@hq.doe.gov; 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.
Exit Disclaimer

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]
BILLING CODE 6450-01-P

 
 

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