Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31723 

viewpoint. Participants will be selected 

on a first-come, first-served basis. 

However, to maximize diversity of 

input, only one participant per 

organization or entity will be chosen if 

necessary. Participants will receive 

confirmation by 12 p.m. EDT on Friday, 

July 10, 2009. Those who are not 

selected to speak may provide written 

comments. Requests to speak may be 

sent to the EAC via e-mail at 

testimony@eac.gov, via mail addressed 

to the U.S. Election Assistance 

Commission, 1225 New York Avenue, 

NW., Suite 1100, Washington, DC 

20005, or by fax at 202–566–1389. All 

requests must include a description of 

what will be said, contact information 

which will be used to notify the 

requestor with status of request (phone 

number on which a message may be left 

or e-mail), and include the subject/ 

attention line (or on the envelope if by 

mail): Technology and Disability 

Access. Please note that these comments 

will be made available to the public at 

http://www.eac.gov. 

Written comments from members of 

the public, regarding technological 

solutions for voting systems that ensure 

that voters with disabilities can vote in 

a private and independent manner, will 

also be accepted. This testimony will be 

included as part of the written record of 

the hearing, and available on our Web 

site. Written testimony must be received 

by 5 p.m. EDT on Friday, July 10, 2009, 

and should be submitted via e-mail at 

testimony@eac.gov, via mail addressed 

to the U.S. Election Assistance 

Commission 1225 New York Avenue, 

NW., Suite 1100, Washington, DC 

20005, or by fax at 202–566–1389. All 

correspondence that contains written 

testimony must have in the subject/ 

attention line (or on the envelope if by 

mail): Written Submission for 

Technology and Disability Access. 

Members of the public may observe 

but not participate in EAC meetings 

unless this notice provides otherwise. 

Members of the public may use small 

electronic audio recording devices to 

record the proceedings. The use of other 

recording equipment and cameras 

requires advance notice to and 

coordination with the Commission’s 

Communications Office.* 

* View EAC Regulations 

Implementing Government in the 

Sunshine Act. 

This meeting will be open to the 

public. 

PERSON TO CONTACT FOR INFORMATION: 

Bryan Whitener, Telephone: (202) 566– 

3100. 

Alice Miller, 

Chief Operating Officer, U.S. Election 

Assistance Commission. 

[FR Doc. E9–15798 Filed 6–30–09; 4:15 pm] 

BILLING CODE 6820–KF–P 

DEPARTMENT OF ENERGY 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Long-Term Management and 

Storage of Elemental Mercury 

AGENCY: Department of Energy. 

ACTION: Notice of intent. 

SUMMARY: As required by the Mercury 

Export Ban Act of 2008 (Pub. L. 110– 

414), hereafter referred to as the Act, the 

Department of Energy (DOE or the 

Department) 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 (EIS) in accordance 

with the National Environmental Policy 

Act (NEPA) of 1969 regulations of the 

President’s Council on Environmental 

Quality (40 CFR parts 1500–1508) and 

DOE’s implementing procedures (10 

CFR part 1021). 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. The 

United States Environmental Protection 

Agency (EPA) is a cooperating agency 

for this EIS. 

DATES: DOE invites public comment on 

the scope of this EIS during a 45-day 

public scoping period commencing July 

2, 2009 and ending on August 17, 2009. 

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. For dates, times and 

locations of public scoping meetings, 

see SUPPLEMENTARY INFORMATION below. 

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 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. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mercury Export Ban Act of 2008 

(Pub. L. 110–414) prohibits, as of 

January 1, 2013, the sale, distribution, or 

transfer of elemental mercury by Federal 

agencies to any other Federal agency, 

any State or local government agency, or 

any private individual or entity that is 

under the control of a Federal agency 

(with certain limited exceptions). It 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 

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. 

Inventory: There are several sources of 

elemental mercury in the United States, 

including mercury used in the chlorine 

and caustic soda manufacturing process 

(i.e., chlor-alkali industry), reclaimed 

from recycling and waste recovery 

activities, and generated as a byproduct 

of the gold mining process. In addition, 

DOE stores approximately 1,200 metric 

tons of elemental mercury at the Y–12 

National Security Complex in Oak 

Ridge, Tennessee. The Department of 

Defense (DOD) stores approximately 

31724 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 

4,400 metric tons of elemental mercury 

at various locations. 

An EPA report, ‘‘Mercury Storage Cost 

Estimates’’ (2007), estimates the total 

amount of elemental mercury from nongovernmental sources that would be 

eligible for DOE storage is between 

7,500 and 10,000 metric tons over a 40- 

year period. DOE plans to use such 

estimates and other credible sources of 

information to develop an annual and 

long-term inventory estimate for EIS 

evaluation. During the scoping period, 

DOE invites commentors to provide 

inventory data on elemental mercury for 

consideration in the EIS. 

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 longterm 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. 

Proposed Alternatives 

As required by the Council on 

Environmental Quality and DOE NEPA 

implementing procedures at 40 CFR 

parts 1500–1508 and 10 CFR part 1021, 

respectively, DOE will evaluate the 

range of reasonable alternatives for a 

facility or facilities for the long-term 

management and storage of elemental 

mercury. These alternatives will include 

the modification of existing facilities as 

may be necessary. Recognizing that new 

construction may be needed at some 

candidate locations, DOE proposes to 

evaluate a generic, newly constructed 

facility that would meet RCRA 

requirements, such that new 

construction could be considered at 

some candidate locations along with 

modification of existing facilities as 

appropriate. DOE has developed the 

following preliminary criteria to use as 

a framework for identifying candidate 

host locations: 

• The facility or facilities will not 

create significant conflicts with any 

existing DOE site mission and will not 

interfere with future mission 

compatibility; 

• The candidate host location has an 

existing facility or facilities suitable for 

mercury storage with the capability and 

flexibility for operational expansion, if 

necessary; 

• The facility or facilities is, or 

potentially will be, capable of 

complying with RCRA permitting 

requirements, including siting 

requirements; 

• The facility or facilities has 

supporting infrastructure, including a 

capability or potential capability for 

flooring that would support mercury 

loadings; 

• Storage of elemental mercury at the 

facility or facilities is compatible with 

local and regional land use plans; 

• The facility or facilities is accessible 

to major transportation routes; and 

• The candidate host location has 

sufficient information on hand in order 

to adequately characterize the site. 

In March 2009, DOE published a 

Request for Expressions of Interest in 

the Federal Register (74 FR 11923, 

March 20, 2009) as well as in the 

Federal Business Opportunities seeking 

interest from Federal agencies and from 

the private sector regarding potential 

locations for a facility or facilities where 

DOE can store and manage mercury 

pursuant to the Act. Based on the 

responses received and on the criteria 

identified above, DOE proposes to 

evaluate the following candidate host 

sites as alternatives for the long-term 

management and storage of elemental 

mercury: 

• Grand Junction Disposal Site, Grand 

Junction, CO; 

• Hanford Site, Richland, WA; 

• Hawthorne Army Depot, 

Hawthorne, NV; 

• Idaho National Laboratory, Idaho 

Falls, ID; 

• Kansas City Plant, Kansas City, MO; 

• Savannah River Site, Aiken, SC; 

and 

• Waste Control Specialists, 

Andrews, TX. 

As required by NEPA, the EIS will 

evaluate a No Action alternative to serve 

as a basis for comparison with the 

action alternatives. Under the No Action 

alternative, long-term management and 

storage of privately-owned elemental 

mercury would remain the 

responsibility of its owners, and 

government-owned elemental mercury 

would remain at existing facilities. 

Preliminary Identification of 

Environmental Issues 

DOE proposes to address the issues 

listed below when considering the 

potential impacts of the proposed 

management and storage alternatives in 

the EIS. This list is presented to 

facilitate public comment during the 

scoping period and will be revisited as 

DOE considers the scoping comments. It 

is not intended to be comprehensive, 

nor to imply any predetermination of 

impacts. 

• Potential effects on the public 

health from exposure to hazardous 

materials under routine operations and 

credible accident scenarios including 

natural disasters (floods, hurricanes, 

tornadoes, and seismic events); 

• Impacts on surface and 

groundwater, floodplains and wetlands, 

and on water use and quality; 

• Impacts on air quality (including 

global climate change) and noise; 

• Impacts on plants and animals and 

their habitats, including species that are 

Federal- or State-listed as threatened or 

endangered, or of special concern; 

• Impacts on geology and soil; 

• Impacts on cultural resources such 

as historic, archeological, and Native 

American culturally important sites; 

• Socioeconomic impacts on 

potentially affected communities; 

• Environmental Justice, particularly 

whether or not long-term elemental 

mercury management and storage 

activities have a disproportionately high 

and adverse effect on minority and lowincome populations; 

• Potential impacts on land-use 

plans, policies and controls, and visual 

resources; 

• Pollution prevention and waste 

management practices and activities; 

• Unavoidable adverse impacts, and 

irreversible and irretrievable 

commitments of resources; 

• Potential cumulative environmental 

effects of past, present, and reasonably 

foreseeable future actions; 

• Status of compliance with all 

applicable Federal, state and local 

statutes and regulations, international 

agreements, and required Federal and 

State environmental permits, 

consultations, and notifications; and 

• Potential impacts of intentional 

destructive acts, including sabotage and 

terrorism. 

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 invites Federal agencies, State, 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Notices 31725 

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 scoping 

meetings from 5:30 p.m.–9:30 p.m. on 

the following dates and locations: 

• July 21, 2009 Two Rivers 

Convention Center, 159 Main Street, 

Grand Junction, CO 81501. 

• July 23, 2009 Embassy Suites 

Kansas City—Plaza, 220 West 43rd 

Street, Kansas City, MO 64111. 

• July 28, 2009 Clarion Hotel and 

Conference Center, 1515 George 

Washington Way, Richland, WA 99352. 

• July 30, 2009 North Augusta 

Municipal Center, 100 Georgia Avenue, 

North Augusta, SC 29841. 

• August 4, 2009 El Capitan Resort, 

540 F Street, Hawthorne, NV 89415. 

• August 6, 2009 James Roberts 

Civic Center, 855 E. Broadway, 

Andrews, TX 79714. 

• August 11, 2009 Shilo Inn/ 

O’Callahans Convention Center, 780 

Lindsay Blvd., Idaho Falls, ID 83402. 

Additional details on the scoping 

meetings will be provided in local 

media and at http:// 

www.mercurystorageeis.com. 

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 June 24, 

2009. 

Scott Blake Harris, 

General Counsel. 

[FR Doc. E9–15704 Filed 7–1–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Basic Energy Sciences Advisory 

Committee 

AGENCY: Department of Energy, Office of 

Science. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Basic Energy Sciences 

Advisory Committee (BESAC). Federal 

Advisory Committee Act (Pub. L. 92– 

463, 86 Stat. 770) requires that public 

notice of these meetings be announced 

in the Federal Register. 

DATES: Thursday, July 9, 2009, 8:30 

a.m.–5:30 p.m., and Friday, July 10, 

2009, 8:30 a.m. to 12 noon. 

ADDRESSES: Bethesda North Marriott 

Hotel and Conference Center, 5701 

Marinelli Road, North Bethesda, MD 

20852. 

FOR FURTHER INFORMATION CONTACT: 

Katie Perine; Office of Basic Energy 

Sciences; U. S. Department of Energy; 

Germantown Building, Independence 

Avenue, Washington, DC 20585; 

Telephone: (301) 903–6529. 

SUPPLEMENTARY INFORMATION: Purpose of 

the Meeting: The purpose of this 

meeting is to provide advice and 

guidance with respect to the basic 

energy sciences research program. 

Tentative Agenda: Agenda will 

include discussions of the following: 

• News from Office of Science/DOE; 

• News from the Office of Basic 

Energy Sciences; 

• Report from the New Era 

Subcommittee’s Photon Workshop; 

• Energy Frontier Research Center 

Update; 

• COV Report for Materials Science 

and Engineering Division; 

• New BESAC Charge. 

Public Participation: The meeting is 

open to the public. If you would like to 

file a written statement with the 

Committee, you may do so either before 

or after the meeting. If you would like 

to make oral statements regarding any of 

the items on the agenda, you should 

contact Katie Perine at 301–903–6594 

(fax) or katie.perine@science.doe.gov (email). Reasonable provision will be 

made to include the scheduled oral 

statements on the agenda. The 

Chairperson of the Committee will 

conduct the meeting to facilitate the 

orderly conduct of business. Public 

comment will follow the 10-minute 

rule. This notice is being published less 

than 15 days before the date of the 

meeting due to programmatic issues that 

had to be resolved. 

Minutes: The minutes of this meeting 

will be available for public review and 

copying within 30 days at the Freedom 

of Information Public Reading Room; 

1E–190, Forrestal Building; 1000 

Independence Avenue, SW.; 

Washington, D.C. 20585; between 9 a.m. 

and 4 p.m., Monday through Friday, 

except holidays. 

Issued in Washington, DC, on June 30, 

2009. 

Rachel M. Samuel, 

Deputy Committee Management Officer. 

[FR Doc. E9–15779 Filed 7–1–09; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2009–0234; FRL–8925– 

7] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request; Information 

Request for National Emission 

Standards for Coal- and Oil-fired 

Electric Utility Steam Generating Units; 

EPA ICR No. 2362.01 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this action 

announces that EPA is planning to 

submit a request for a new Information 

Collection Request (ICR) to the Office of 

Management and Budget (OMB). Before 

submitting the ICR to OMB for review 

and approval, EPA is soliciting 

comments on the proposed information 

collection as described below. 

DATES: Comments must be submitted on 

or before August 31, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0234, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 22821T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 

• Hand Delivery: Air and Radiation 

Docket and Information Center, U.S. 

EPA, Room 3334, EPA West Building, 

1301 Constitution Avenue, NW., 

Washington, DC. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information.