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CHAPTER 5

ENVIRONMENTAL LAWS, REGULATIONS, PERMITS, AND OTHER 

POTENTIALLY APPLICABLE REQUIREMENTS 

Chapter 5 presents the laws, regulations, permits and other requirements that could potentially apply to the 

proposed action. The proposed action would be implemented in accordance with all applicable Federal, state, 

and local laws and regulations and in full compliance with U.S. Department of Energy policies, orders, procedures, 

and guidance documents. Consultations are being conducted with Federal and state agencies and American 

Indian tribal governments in accordance with applicable requirements. 

5.1 INTRODUCTION 

In compliance with the National Environmental Policy Act (NEPA) of 1969, as amended, Council on 

Environmental Quality (CEQ) NEPA regulations (40 CFR 1500–1508), and U.S. Department of Energy 

(DOE) NEPA implementing procedures (10 CFR 1021), DOE must consider applicable environmental 

regulations and any permitting or licensing requirements (including permit applications for new permits 

or permit modifications for existing permits) when evaluating alternatives for implementing the proposed 

action. The Notice of Intent announcing the preparation of this environmental impact statement (EIS) 

issued on July 2, 2009 (74 FR 31723), identifies that one of the issues to be considered is the compliance 

with all applicable Federal, state, and local statutes and regulations and required Federal and state 

environmental permits, consultations, and notifications. This chapter includes a range of potentially 

applicable Federal laws, regulations, and laws from seven different states where the potential candidate 

sites being evaluated are located. However, the state statutes typically mirror the Federal statutes in that 

they are required to be at a minimum equally as stringent. 

This chapter identifies major requirements that could be applicable to the proposed action, which is to 

designate and operate a facility for the long-term management and storage of elemental mercury 

generated within the United States. Table 5–1 lists laws, regulations, and other requirements that 

potentially are applicable to designating and operating a DOE mercury storage facility. Section 5.2 

describes the laws, regulations, and other applicable requirements that set environmental protection 

requirements that could apply to the DOE facility. Section 5.3 discusses potentially applicable permits. 

Section 5.4 describes applicable consultations. 
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Table 5–1. Environmental Laws, Regulations, and Other Potentially Applicable Requirements 

Title Citations 

Air Quality and Noise 

Clean Air Act of 1970 42 U.S.C. 7401 et seq. 

Noise Control Act of 1972 42 U.S.C. 4901 et seq. 

EPA regulations: “National Emission Standards for Hazardous Air Pollutants” 40 CFR 61 

EPA regulations: “National Emission Standards for Hazardous Air Pollutants 

for Source Categories” 40 CFR 63 

Water Resources 

Clean Water Act of 1972 33 U.S.C. 1251 et seq. 

Safe Drinking Water Act of 1974 42 U.S.C. 300f et seq. 

Executive Order 11988: Floodplain Management (as amended by Executive 

Order 12148) 42 FR 26951 (May 24, 1977) 

Executive Order 11990: Protection of Wetlands (as amended by Executive 

Order 12608) 42 FR 26961 (May 24, 1977) 

EPA regulations: “EPA Administered Permit Programs: The National 

Pollutant Discharge Elimination System” Permit Programs 40 CFR 122 

EPA regulations: “Procedures for Decision-Making” (Permitting) 40 CFR 124 

Waste Management, Pollution Prevention, Energy Conservation 

Mercury Export Ban Act of 2008 Public Law No. 110-414 

Toxic Substances Control Act of 1976 15 U.S.C. 2601 et seq. 

Solid Waste Disposal Act of 1965, as amended (commonly referred to as the 

“Resource Conservation and Recovery Act”) 42 U.S.C. 6901 et seq. 

Federal Facility Compliance Act of 1992 42 U.S.C. 6961 et seq. 

Pollution Prevention Act of 1990 42 U.S.C. 13101 et seq. 

Executive Order 12088: Federal Compliance with Pollution Control 

Standards (as amended by Executive Order 12580; revoked in part by 

Executive Order 13148) 

43 FR 47707 

(October 17, 1978) 

Executive Order 13148: Greening the Government Through Leadership in 

Environmental Management (revoked by Executive Order 13423). 65 FR 24595 (April 26, 2000) 

Executive Order 13423: Strengthening Federal Environmental, Energy, and 

Transportation Management

72 FR 3919 

(January 26, 2007) 

EPA regulations: “Identification and Listing of Hazardous Waste” 40 CFR 261 

EPA regulations: “Standards Applicable to Generators of Hazardous Waste” 40 CFR 262 

EPA regulations: “Standards for Owners and Operators of Hazardous Waste 

Treatment, Storage, and Disposal Facilities” 40 CFR 264 

EPA regulations: “Interim Status Standards for Owners and Operators of 

Hazardous Waste Treatment, Storage, and Disposal Facilities” 40 CFR 265 

EPA regulations: “Land Disposal Restrictions” 40 CFR 268 

EPA regulations: “EPA Administered Permit Programs: The Hazardous 

Waste Permit Program” 40 CFR 270 

EPA regulations: “Requirements for Authorization of State Hazardous Waste 

Programs” 40 CFR 271 

DOE Order: Departmental Energy, Renewable Energy, and Transportation 

Management DOE Order 430.2B 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

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Title Citations 

Emergency Planning and Response 

Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (Superfund) 42 U.S.C. 9601 et seq. 

Emergency Planning and Community Right-to-Know Act of 1986 (Superfund 

Amendments and Reauthorization Act of 1986, Title III) 42 U.S.C. 11001 et seq. 

Executive Order 12580: Superfund Implementation (as amended by Executive 

Orders 12777, 13016, 13286, and 13308) 

52 FR 2923 

(January 29, 1987) 

EPA regulations: “National Oil and Hazardous Substances Pollution 

Contingency Plan” 40 CFR 300 

EPA regulations: “Designation, Reportable Quantities, and Notification” 40 CFR 302 

EPA regulations: “Hazardous Chemical Reporting: Community Right-toKnow” 40 CFR 370 

EPA regulations: “Toxic Chemical Release Reporting: Community Right-toKnow” 40 CFR 372 

DOE Order: Comprehensive Emergency Management System DOE Order 151.1C 

Ecological Resources 

Fish and Wildlife Coordination Act 16.U.S.C. 661 et seq. 

Bald and Golden Eagle Protection Act of 1972 16 U.S.C. 668–668d 

Migratory Bird Treaty Act of 1918 16 U.S.C. 703 et seq. 

Endangered Species Act of 1973 16 U.S.C. 1531 et seq. 

Executive Order 11990: Protection of Wetlands (as amended by Executive 

Order 12608) 42 FR 26961 (May 25, 1977) 

Executive Order 13112: Invasive Species (as amended by Executive 

Order 13286) 

64 FR 6183 

(February 8, 1999) 

Cultural Resources 

American Antiquities Act of 1906 16 U.S.C. 431 et seq. 

Archaeological and Historic Preservation Act of 1974 16 U.S.C. 469–469c 

Archaeological Resources Protection Act of 1979 16 U.S.C. 470aa-mm 

National Historic Preservation Act of 1966 16 U.S.C. 470 et seq. 

Native American Graves Protection and Repatriation Act of 1990 25 U.S.C. 3001 et seq. 

American Indian Religious Freedom Act of 1978 42 U.S.C. 1996 et seq. 

Executive Order 11593: Protection and Enhancement of the Cultural 

Environment 36 FR 8921 (May 15, 1971) 

Executive Order 13007: Indian Sacred Sites 61 FR 26771 (May 29, 1996) 

Executive Order 13175: Consultation and Coordination with Indian Tribal 

Governments

65 FR 67249 

(November 9, 2000) 

Executive Order 13287: Preserve America 68 FR 10635 (March 5, 2003) 

ACHP regulations: “Protection of Historic Properties” 36 CFR 800 

DOE Policy: DOE Management of Cultural Resources DOE Policy 141.1 

DOE Order: DOE American Indian Tribal Government Interactions and 

Policy DOE Order 144.1 
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Title Citations 

Worker Safety and Health 

Occupational Safety and Health Act of 1970 29 U.S.C. 651 et seq. 

Executive Order 12699: Seismic Safety of Federal and Federally Assisted or 

Regulated New Building Construction 

(as amended by Executive Order 13286) 

55 FR 835 (January 9, 1990) 

DOE regulations: “Worker Safety and Health Program” 10 CFR 851 

DOL regulations: “Occupational Safety and Health Standards” 29 CFR 1910 

DOE Policy: Safety Management Functions, Responsibilities, and Authorities 

Policy DOE Policy 411.1 

DOE Order: Worker Protection Program for DOE (Including NNSA) Federal 

Employees DOE Order 440.1B 

Transportation 

Hazardous Materials Transportation Act of 1975 49 U.S.C. 1801 et seq. 

DOT regulations: “Hazardous Materials Program Definitions and General 

Procedures” 49 CFR 105 

DOT regulations: “Hazardous Materials Program Procedures” 49 CFR 107 

DOT regulations: “Hazardous Materials Table, Special Provisions, Hazardous 

Materials Communications, Emergency Response Information, Training 

Requirements, and Security Plans” 

49 CFR 172 

DOT regulations: “Specifications for Packagings” 49 CFR 178 

DOT regulations: “Continuing Qualification and Maintenance of Packagings” 49 CFR 180 

DOE Order: Packaging and Transportation Safety DOE Order 460.1B 

Quality Assurance 

DOE Order: Quality Assurance DOE Order 414.1C 

DOE Order: Conduct of Operations Requirements for DOE Facilities DOE Order 5480.19 Change 2 

Other Laws, Regulations, and Potentially Applicable Requirements 

Farmland Protection Policy Act of 1981 7 U.S.C. 4201 et seq. 

National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. 

Executive Order 11514: Protection and Enhancement of Environmental 

Quality (as amended by Executive Orders 11541 and 11991) 35 FR 4247 (March 7, 1970) 

Executive Order 12898: Federal Actions to Address Environmental Justice in 

Minority Populations and Low-Income Populations (as amended by 

Executive Order 12948) 

59 FR 7629 

(February 16, 1994) 

Executive Order 13045: Protection of Children from Environmental Health 

Risks and Safety Risks (as amended by Executive Orders 13229 and 13296) 62 FR 19885 (April 23, 1997) 

Executive Order 13514: Federal Leadership in Environmental, Energy, and 

Economic Performance

74 FR 52117 

(October 8, 2009) 

DOE regulations: “National Environmental Policy Act Implementing 

Procedures” 10 CFR 1021 

DOE Policy: Land and Facility Use Planning DOE Policy 430.1 

DOE Policy: Identifying, Implementing, and Complying with Environment, 

Safety, and Health Requirements DOE Policy 450.2A 

DOE Order: Environmental Protection Program DOE Order 450.1A 

Key: ACHP=Advisory Council on Historic Preservation; CEQ=Council on Environmental Quality; CFR=Code of Federal 

Regulations; DOE=U.S. Department of Energy; DOL=U.S. Department of Labor; DOT=U.S. Department of Transportation; 

EPA=U.S. Environmental Protection Agency; FR=Federal Register; NEPA=National Environmental Policy Act; 

NNSA=National Nuclear Security Administration; U.S.C.=United States Code. 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

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5.2 LAWS, REGULATIONS, AND OTHER POTENTIALLY APPLICABLE 

REQUIREMENTS 

This section describes Federal laws, regulations, and other potentially applicable requirements as they 

relate generally to Federal actions, specifically to elemental mercury management and storage, and to the 

construction and operation of a long-term management and storage facility for elemental mercury. 

Mercury is addressed in numerous U.S. Environmental Protection Agency (EPA) regulations, including 

regulations pertaining to air quality, water quality, hazardous waste management, and pollution 

prevention. 

5.2.1 The Mercury Export Ban Act of 2008 

On October 14, 2008, President George W. Bush signed into law Senate Bill 906, the Mercury Export 

Ban Act of 2008 (the Act), Public Law No. 110-414. The overarching purpose of the Act is “to prohibit 

the sale, distribution, transfer, and export of elemental mercury.” 

Section 3 of the Act amends the Toxic Substances Control Act (TSCA) to prohibit any Federal agency 

from selling, distributing, conveying, or transferring to any other Federal, state, or local agency, or any 

private entity or individual, any elemental mercury under the control or jurisdiction of the Federal agency, 

effective beginning on the date of enactment of this Act. The Act sets forth two exceptions to this 

prohibition: (1) “a transfer between Federal agencies of elemental mercury for the sole purpose of 

facilitating storage of mercury to carry out this Act; or” (2) “a conveyance, sale, distribution, or transfer 

of coal.” 

Section 4 amends TSCA to prohibit the export of elemental mercury from the United States effective 

January 1, 2013. Section 4 also establishes certain reporting requirements and provides an essential use 

exemption. 

Section 5, entitled “Long-Term Storage,” directs DOE to designate a facility(ies) for the long-term 

management and storage of elemental mercury generated within the United States. DOE’s facility(ies) 

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 of the elemental mercury. The Act establishes October 1, 2012, as the date on 

which DOE must make public the fee schedule. Section 5(d)(1) further provides that the elemental 

mercury stored at the facility is subject to the requirements of the Solid Waste Disposal Act (SWDA), 

including the hazardous waste management requirements under Subtitle C of the Act; however, the Act 

provides that the elemental mercury stored at the DOE facility “shall not be subject to the storage 

prohibition of section 3004(j) of the SWDA.” 

DOE’s designation of a facility(ies) for the purpose of long-term management and storage of elemental 

mercury is a Federal action that is governed by NEPA and is the basis for DOE’s preparation of this EIS. 

5.2.2 Air Quality and Noise 

Clean Air Act of 1970, as amended (42 U.S.C. 7401 et seq.). The Clean Air Act is intended to “protect 

and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and 

the productive capacity of its population.” Section 118 of the Clean Air Act requires that each Federal 

agency with jurisdiction over any property or facility engaged in any activity that might result in the 

discharge of air pollutants to comply with “all Federal, state, interstate, and local requirements” related to 

the control and abatement of air pollution. 

The Clean Air Act requires: (1) EPA to establish National Ambient Air Quality Standards as necessary to 

protect the public health, with an adequate margin of safety, from any known or anticipated adverse 
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effects of a regulated pollutant (42 U.S.C. 7409); (2) the establishment of national standards of 

performance for new or modified stationary sources of atmospheric pollutants (42 U.S.C. 7411); (3) the 

evaluation of specific emission increases to prevent a significant deterioration in air quality 

(42 U.S.C. 7470 et seq.); and (4) specific standards for releases of hazardous air pollutants (including 

mercury) (42 U.S.C. 7412). Air emissions standards are established in Title 40 of the Code of Federal 

Regulations (CFR), Parts 50 through 99. These standards are implemented through state implementation 

plans developed by each State with EPA approval. The Clean Air Act requires owners or operators of 

emission sources to meet standards and obtain permits to satisfy these standards. 

The Clean Air Act regulates 188 air toxics, also known as “hazardous air pollutants.” Mercury is listed as 

a hazardous air pollutant and regulated under the National Emission Standards for Hazardous Air 

Pollutants (NESHAPs) Program found in Title 40 of the CFR, Parts 61 and 63. While numerous 

regulations have been instituted in the last 10 years governing emissions into air, most have been aimed at 

point sources and stationary sources (e.g., iron/steel foundries, chlor-alkali plants, boilers/process 

heaters). 

Noise Control Act of 1972, as amended (42 U.S.C. 4901 et seq.). Section 4 of the Noise Control Act 

directs all Federal agencies to carry out, “to the fullest extent within their authority,” programs within 

their jurisdictions in a manner that furthers a national policy of promoting an environment free from noise 

that jeopardizes health and welfare. All alternatives will require compliance with this Act. 

“National Emission Standards for Hazardous Air Pollutants” (40 CFR 61). NESHAPs are Federal 

regulations establishing emission standards for categories or subcategories of major sources and area 

sources of hazardous air pollutants. These standards require the maximum degree of emission reduction 

that has been determined to be achievable with the available technology. 

“National Emission Standards for Hazardous Air Pollutants for Source Categories” (40 CFR 63). 

These regulations require EPA to publish and regularly update (at least every 8 years) a listing of all 

categories and subcategories of major and area sources that emit hazardous air pollutants. Currently, the 

proposed action is not regulated under these requirements. 

5.2.3 Water Resources 

Clean Water Act of 1972, as amended (33 U.S.C. 1251 et seq.). The Clean Water Act, which amended 

the Federal Water Pollution Control Act, is intended to “restore and maintain the chemical, physical, and 

biological integrity of the Nation’s water.” The Clean Water Act prohibits the “discharge of toxic 

pollutants (including mercury) in toxic amounts” to navigable waters of the United States. Under the 

Clean Water Act, states generally set water quality standards for their rivers, streams, lakes, and wetlands. 

These standards identify levels for pollutants, including mercury, that must be met to protect human 

health, fish, and wildlife. Section 307(a) designates mercury as a toxic pollutant. 

No person may discharge pollutants, including mercury, into navigable waters without a permit. Under 

the Clean Water Act, either EPA or authorized states issue permits, which include limits that ensure the 

water quality standards are met. Section 313 of the Clean Water Act requires the Federal Government to 

comply with Federal, state, and local requirements (including obtaining and maintaining a permit) if an 

activity might cause a discharge or runoff of pollutants to surface waters. EPA and individual states also 

issue information to the public on waters contaminated with mercury and on the harmful effects of 

mercury, identify the mercury sources and reductions needed to achieve water quality standards, and warn 

people about eating fish containing high levels of methylmercury (White 2006). 

The Clean Water Act also provides guidelines and limitations for effluent discharges from point source 

and non–point source discharges and establishes the National Pollutant Discharge Elimination System 

(NPDES) Permit Program. The NPDES Permit Program is administered by EPA, pursuant to regulations 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

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in Title 40 of the CFR, Part 122 and may be delegated to states. Sections 401 through 405 of the Water 

Quality Act of 1987 added Section 402(p) to the Clean Water Act, which requires EPA to establish 

regulations for permits for stormwater discharges associated with industrial activities. Stormwater 

provisions of the NPDES Permit Program are set forth in Title 40 of the CFR, Section 122.26. Title 40 of 

the CFR, Part 124, also contains EPA procedures for issuing, modifying, revoking, and reissuing, or 

terminating all Resource Conservation and Recovery Act (RCRA), NPDES, and other types of permits. 

Safe Drinking Water Act of 1974, as amended (42 U.S.C. 300f et seq.). The primary objective of the 

Safe Drinking Water Act is to protect the quality of public drinking water supplies and sources of 

drinking water. The implementing regulations, administered by EPA unless delegated to the states, 

establish standards applicable to public water systems. These regulations include maximum contaminant 

levels in public water systems. The EPA regulations implementing the Safe Drinking Water Act are 

found in Title 40 of the CFR, Parts 100–149, with maximum contamination levels for mercury in drinking 

water (listed as 0.002 milligrams per liter) in Section 141.62. Other programs established by the Safe 

Drinking Water Act include the Sole Source Aquifer Program, the Wellhead Protection Program, and the 

Underground Injection Control Program. 

All federally funded projects that might have the potential to affect and especially to contaminate a 

sole-source aquifer must undergo a review by EPA to ensure that the project will have no detrimental 

effects on or endanger in any way the sole-source aquifer. A principal or sole-source aquifer is defined as 

an aquifer that supplies at least 50 percent of the drinking water consumed in the area overlying the 

aquifer. Often these areas have no alternative drinking water source(s) or supply. Sole-source aquifer 

designation is one tool to protect drinking water supplies and thus prevent contamination. The 

designation protects an area’s groundwater resource by requiring review of proposed projects within the 

designated area. 

Floodplain Management (Executive Order 11988). This Executive Order requires Federal agencies to 

establish procedures to ensure that any Federal action undertaken in a floodplain considers the potential 

effects of flood hazards and floodplain management and avoids floodplain impacts to the extent 

practicable. 

Protection of Wetlands (Executive Order 11990). This Executive Order requires Federal agencies to 

avoid any short- or long-term adverse impacts on wetlands wherever there is a practicable alternative. 

DOE will provide the opportunity for public review and comment of any alternative that would call for 

construction in wetlands. 

National Pollutant Discharge Elimination System, Permit Programs (40 CFR 122). NPDES is the 

national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing 

permits; and imposing and enforcing pretreatment requirements in accordance with the Clean Water Act. 

NPDES Permit Program regulations require that a permit be obtained for the discharge of “pollutants” 

from any “point source” into “waters of the United States.” 

“Procedures for Decision-Making,” Permitting (40 CFR 124). These regulations establish EPA’s 

procedures for issuing, modifying, revoking and reissuing, or terminating all RCRA, Underground 

Injection Control, Prevention of Significant Deterioration (PSD) (under the Clean Air Act), and NPDES 

permits. Additionally, these regulations allow for the combining of the permitting process (including 

public hearings) for a given facility that holds (or is applying for) two or more permits under the listed 

programs. These regulations also allow for the coordination and joint permit processing between EPA 

and authorized states when different permits will be issued by EPA and the state. 
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5.2.4 Waste Management, Pollution Prevention, and Energy Conservation 

Toxic Substances Control Act of 1976 (415 U.S.C. 2601 et seq.). TSCA regulates the manufacture, 

processing, distribution, and use of certain chemicals, including polychlorinated biphenyls, asbestos, 

radon, lead-based paint, and most recently, excess elemental mercury. TSCA provides EPA with the 

authority to require testing of chemical substances entering the environment and to regulate them as 

necessary. The law complements and expands existing toxic substance laws such as Section 112 of the 

Clean Air Act and Section 307 of the Clean Water Act. Specific to this EIS, the Mercury Export Ban Act 

of 2008 amends TSCA to prohibit Federal agencies from selling elemental mercury to any other Federal 

agency, any State or local government agency, or any private individual or entity; prohibits the export of 

elemental mercury from the United States beginning in 2013 (subject to potential essential use 

exemptions); and directs DOE to designate a facility(ies) (to be operational by January 1, 2013) for the 

long-term management and storage of elemental mercury generated within the United States. 

Solid Waste Disposal Act of 1965, as amended (commonly referred to as the “Resource 

Conservation and Recovery Act”) (42 U.S.C. 6901 et seq.). SWDA (as amended), also called RCRA, 

governs the generation, transportation, treatment, storage, and disposal of hazardous and nonhazardous 

waste. Under RCRA, EPA defines and identifies hazardous waste; establishes standards for generators of 

hazardous waste and the transportation, treatment, storage, and disposal of hazardous waste; and requires 

permits for persons engaged in hazardous waste activities. Section 3001 delineates the criteria for 

identification or listing of hazardous waste. Section 3002 establishes the standards applicable to 

generators of hazardous waste, which includes recordkeeping and reporting; use of proper containers; 

labeling, handling, and storage of hazardous waste containers; and certified waste minimization programs. 

Section 3004 establishes the standards applicable to hazardous waste treatment, storage, and disposal 

(TSD) facilities. Hazardous waste TSD facility standards include, but are not limited to recordkeeping 

and reporting; monitoring, inspecting, and maintaining compliance with the hazardous waste manifest 

system; standards for location, design, and construction; personnel training; and maintaining up-to-date 

contingency plans. Section 3004 also prohibits the land disposal of containerized liquid hazardous waste 

or free liquids contained in hazardous waste, and establishes the prohibition of land disposal of certain 

specified hazardous wastes. Section 3005 requires the owner/operator of a TSD facility to have a permit 

issued under RCRA. The effective period of an RCRA permit is a fixed term, not to exceed 10 years. 

Section 3006 of the Act (42 U.S.C. 6926) allows states to establish and administer these permit programs 

with EPA approval; state programs may be broader or more stringent than the Federal program. 

The Mercury Export Ban Act of 2008 stipulates that elemental mercury managed and stored at a 

DOE-designated facility(ies) is subject to the requirements of SWDA, including the hazardous waste 

provisions, except as provided in Section 5(g)(2) (discussed below). 

RCRA Section 1004(33) defines the term “storage,” when used in connection with hazardous waste, to 

mean the containment of hazardous waste, either on a temporary basis or for a period of years, in such a 

manner as not to constitute disposal of such hazardous waste. RCRA Section 3004(j) (“Storage of 

Hazardous Waste Prohibited from Land Disposal”) states that, in the case of any hazardous waste that is 

prohibited from one or more methods of land disposal under this section (mercury-bearing hazardous 

wastes are subject to land disposal restrictions), the storage of such hazardous waste is prohibited unless 

such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are 

necessary to facilitate proper recovery, treatment, or disposal. However, Section 5(g)(2) of the Mercury 

Export Ban Act provides that the elemental mercury that DOE is storing on a long-term basis shall not be 

subject to the storage prohibition of Section 3004(j) (42 U.S.C. 6924(j)). 

Federal Facility Compliance Act of 1992 (42 U.S.C. 6961 et seq.). The Federal Facility Compliance 

Act enacted on October 6, 1992, amended RCRA to eliminate sovereign immunity for Federal facilities 

such that all Federal agencies are subject to all substantive and procedural requirements of Federal, state, 

and local solid and hazardous waste laws.
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

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Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.). The Pollution Prevention Act establishes a 

national policy for waste management and pollution control. Source reduction is given first preference, 

followed by environmentally safe recycling, with disposal or releases to the environment as a last resort. 

Oil pollution prevention regulations (40 CFR 112) establish procedures to prevent the discharge of oil and 

require the preparation and implementation of spill prevention, control, and countermeasures plans. 

Federal Compliance with Pollution Control Standards (Executive Order 12088). This Executive Order 

directs Federal agencies to comply with applicable administrative and procedural pollution control 

standards established by, but not limited to, the Clean Air Act, the Noise Control Act, the Clean Water 

Act, the Safe Drinking Water Act, TSCA, and RCRA. Section 1-4 of this Executive Order was revoked 

by Executive Order 13148. 

Greening the Government Through Leadership in Environmental Management (Executive 

Order 13148). This Executive Order revokes Executive Orders 12843, 12856, 12969; the Executive 

Memorandum on Environmentally Beneficial Landscaping of April 26, 1994; and Section 1–4, 

‘‘Pollution Control Plan,’’ of Executive Order 12088. This Executive Order was revoked by Executive 

Order 13423. 

Strengthening Federal Environmental, Energy, and Transportation Management (Executive 

Order 13423). This Executive Order is a compilation of several previous Executive Orders and revokes 

either in full or in part or supersedes Executive Orders 12856, 12902, 13101, 13123, and 13148. This 

Executive Order requires Federal agencies to conduct their environmental, transportation, and 

energy-related activities in an environmentally, economically, and fiscally sound, integrated, continuously 

improving, efficient, and sustainable manner. Measurable goals are delineated within established 

timeframes for Federal agencies to implement this Executive Order. The following are a few examples of 

Federal agency goals set forth in this Executive Order: 

 To improve energy efficiency by 3 percent annually through the end of fiscal year (FY) 2015 or 

by 30 percent by the end of FY 2015 

 To reduce water consumption through life-cycle cost-effective measures by 2 percent annually 

through the end of FY 2015 or by 16 percent by the end of FY 2015 

 To ensure that Federal agencies (a) reduce the quantity of toxic and hazardous chemicals and 

materials acquired, used, or disposed of by the agencies; (b) increase diversion of solid waste as 

appropriate; and (c) maintain cost-effective waste prevention and recycling programs at their 

facilities 

 To ensure that new construction and major renovation of agency buildings comply with the 

Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings as set 

forth in the Federal Leadership in High Performance and Sustainable Buildings Memorandum of 

2006 

Hazardous Waste Identification Regulations (40 CFR 261). Classification of solid waste as hazardous 

waste is based on exhibited hazardous waste characteristics and/or on inclusion of the waste on a list of 

hazardous wastes developed by EPA. Once a waste has been identified as hazardous, it must comply with 

all applicable Federal and authorized state regulations regarding its management. Elemental mercury that 

is a solid waste would be classified as hazardous under RCRA if it exhibits the characteristic of toxicity 

using the Toxicity Characteristic Leaching Procedure (Waste Code D009) (40 CFR 261.24), or if it is a 

listed hazardous waste, i.e., a commercial chemical product, manufacturing chemical intermediate, or 

off-specification commercial chemical product (Waste Code U151 - mercury) (40 CFR 261.33(f)). 

Generators have an option to determine whether a solid waste is hazardous waste based upon generator 

acceptable knowledge. The elemental mercury received at the proposed facility will be packaged, 
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transported, received, and managed in long-term storage in accordance with all applicable Federal and 

authorized state RCRA regulations. Additionally, the guidance document, U.S. Department of Energy 

Interim Guidance on Packaging, Transportation, Receipt, Management, and Long-Term Storage of 

Elemental Mercury (Interim Guidance) (DOE 2009), provides supplemental information for the variety of 

potential generators regarding documentation, packaging, and transportation. 

Hazardous Waste Generator Regulations (40 CFR 262). These regulations define three categories of 

hazardous waste generators based on the volume of hazardous waste generated and delineate the varying 

requirements based on the category of hazardous waste generation. A conditionally exempt small 

quantity generator (CESQG) produces 100 kilograms or less of hazardous waste per calendar month and 

is exempt from the requirements of Title 40 of the CFR, Parts 262 through 270, if it complies with the 

requirements in Section 261.5. Additionally, a CESQG does not have an onsite accumulation time limit, 

unlike the other two categories of hazardous waste generators. A small quantity generator is defined as 

such if it produces between 100 and 1,000 kilograms of hazardous waste per calendar month and is 

subject to modified regulations found in Title 40 of the CFR, Part 262. Generally, small quantity 

generators must comply with some, but not all of the regulations that apply to large quantity generators. 

A hazardous waste generator that produces 1,000 kilograms or more of hazardous waste per calendar 

month, or more than 1 kilogram of acutely hazardous waste, is classified as a large quantity generator and 

is subject to full regulations of Title 40 of the CFR, Part 262. 

Owner/Operator of Hazardous Waste Treatment, Storage, and Disposal Facilities Regulations 

(40 CFR 264 and 270). The owner or operator of a facility that treats, stores, or disposes of hazardous 

waste is required to obtain and maintain through closure an RCRA permit issued by EPA, a duly 

authorized state agency, or in some cases both Federal and state agencies. These permits include the 

conditions and requirements that the TSD facility must meet. Title 40 of the CFR, Part 264, also 

delineates strict regulations for RCRA-permitted hazardous waste TSD facilities. Areas addressed in 

these regulations include, but are not limited to requirements regarding air emissions, groundwater 

monitoring, permits and permitting (including recordkeeping and reporting), corrective action and 

cleanup, and closure. The mercury storage facility(ies) will be an RCRA-permitted hazardous waste TSD 

facility(ies); therefore, air emission management, monitoring, and operational and control standards could 

apply. 

Owner/Operator of Hazardous Waste Treatment, Storage, and Disposal Facilities Interim Status 

Regulations (40 CFR 265). The regulations provide requirements for the operation and management of a 

hazardous waste TSD facility (which are for the most part the same stringent requirements as a fully 

RCRA-permitted facility) during the timeframe of interim status and until certification of final closure (or 

until postclosure actions are completed as applicable) if the TSD facility has fully complied with 

requirements for interim status under Section 3005(e) of RCRA (also called SWDA) (including 

submission of an RCRA permit application). 

Section 5(d)(1) of the Mercury Export Ban Act states, “A designated facility in existence on or before 

January 1, 2013, is authorized to operate under interim status pursuant to section 3005(e) of the SWDA 

until a final decision on a permit application is made pursuant to section 3005(c) of the SWDA. Not later 

than January 1, 2015, the Administrator of the EPA (or an authorized State) shall issue a final decision on 

the permit application.” 

“Land Disposal Restrictions” (40 CFR 268). EPA’s land disposal program has three major 

components, which address hazardous waste: disposal, dilution, and storage. The purpose of the land 

disposal restrictions provisions is to minimize hazards from the land disposal of hazardous wastes by 

setting treatment standards that must be achieved prior to land disposal. The dilution prohibition 

basically prohibits dilution as a “treatment” method, and the storage prohibition states that hazardous 

waste may not be stored indefinitely in lieu of treatment. Hazardous waste may be stored, subject to the 

land disposal program, only for the purpose of accumulating quantities necessary for proper recovery, 
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treatment, or disposal. EPA has established treatment standards for both D009 and U151 wastes 

(i.e., wastes containing mercury) (40 CFR 268.40). High mercury waste (waste containing greater than 

260 milligrams per kilogram total mercury) must undergo “retorting” or “roasting” in a thermal 

processing unit that volatilizes the mercury for recovery. Currently, the high-purity elemental mercury 

resulting from retorting can not be disposed of via land disposal. 

EPA and Authorized State Hazardous Waste Permit Program (40 CFR 270–271). These sections 

delineate EPA’s and authorized states’ permit regulations or the Hazardous Waste Permit Program under 

Subtitle C of SWDA. They apply to EPA and to authorized states to the extent provided in Title 40 of 

the CFR, Part 271. The regulations cover basic EPA and authorized state permitting requirements, such 

as application requirements, standard permit conditions, and monitoring and reporting requirements. The 

RCRA permit application/approval process can take anywhere from 1 to 4 years. 

Title 40 of the CFR, Parts 260–283, delineate EPA requirements and regulations implementing RCRA. 

Table 5–2 identifies specific regulatory citations applicable to the mercury storage activities. 

Table 5–2. Hazardous Waste Treatment, Storage, and Disposal Facility Requirements 

Section of RCRA Coverage Final Regulation 

Subtitle C Overview and definitions 40 CFR 260 

3001 Identification and listing of 

hazardous waste 

40 CFR 261 

3002 Standards for hazardous waste 

generators 

40 CFR 262 

3004 Standards for HWM facilities 40 CFR 264–267 

3005 Permit requirements for HWM 

facilities 

40 CFR 124 and 270 

3006 Guidelines for state programs 40 CFR 271 

Key: CFR=Code of Federal Regulations; HWM=hazardous waste management; RCRA=Resource 

Conservation and Recovery Act. 

Generally, the candidate locations that have an existing hazardous waste TSD facility permit would have 

to prepare permit modifications, and candidate locations without an existing RCRA TSD facility permit 

would require a full Part A and Part B RCRA permit application, public review/comment, and permit 

approval process. There will be some uncertainty and variability in the permitting process. 

Departmental Energy, Renewable Energy, and Transportation Management (DOE Order 430.2B). 

This Order defines the requirements and responsibilities for managing DOE’s energy, buildings, and 

fleets. 

5.2.5 Emergency Planning and Response 

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

et seq.) (also known as Superfund). This Act authorizes EPA to require responsible site owners, 

operators, arrangers, and transporters to clean up releases of hazardous substances. This Act also 

provides authority for Federal and state governments to respond directly to hazardous substance incidents. 

The Act requires reporting spills to the National Response Center. Any non–federally permitted release 

of 1 pound (0.45 kilograms) or more of mercury into the environment in a 24-hour period must be 

reported immediately to the National Response Center (40 CFR 302.4). 

EPA is required to evaluate all facilities that treat, store, or dispose of CERCLA wastes 

(40 CFR 300.440). There is a potential that some of the elemental mercury shipments may be classified 

as Superfund waste. The purpose of the CERCLA Off-Site Rule is to avoid CERCLA wastes 
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contributing to current or future environmental problems, by directing CERCLA wastes to offsite waste 

management units determined by EPA to be environmentally sound and therefore “acceptable.” Prior to 

receiving elemental mercury from a Superfund site, EPA would need to evaluate the selected long-term 

storage site in accordance with the Off-Site Rule. 

Emergency Planning and Community Right-to-Know Act of 1986 (U.S.C. 11001 et seq.) (also 

known as the Superfund Amendments and Reauthorization Act of 1986, Title III). This Act requires 

emergency planning and notice to communities and government agencies of the presence and release of 

specific chemicals. Facilities are required to provide various information (such as inventories of specific 

chemicals used or stored and releases that occur from these sites) to the state emergency response 

commission and to the local emergency planning committee to ensure that emergency plans are sufficient 

to respond to unplanned releases of hazardous substances. EPA implements this Act under regulations 

found in Title 40 of the CFR, Parts 355, 370, and 372. These regulations would apply to the proposed 

action and to all of the action alternatives set forth in this EIS. 

Superfund Implementation (Executive Order 12580). This Executive Order delegates to the heads of 

executive departments and agencies the responsibility of undertaking remedial actions for releases or 

threatened releases that are not on the National Priorities List, and removal actions, other than 

emergencies, where the release is from any facility under the jurisdiction or control of executive 

departments and agencies. 

“National Oil and Hazardous Substances Pollution Contingency Plan” (40 CFR 300). The National 

Oil and Hazardous Substances Pollution Contingency Plan is required by Section 105 of CERCLA and 

Section 311(d) of the Clean Water Act and provides for communication; preparedness; and efficient, 

coordinated, and effective response actions to discharges of oil and releases of hazardous substances, 

pollutants, and contaminants. These regulations apply to releases of hazardous substances, and pollutants 

or contaminants into the environment that could present an imminent and substantial danger to public 

health or welfare and discharges of oil into or on navigable waters of the United States. 

“Designation, Reportable Quantities, and Notification” (40 CFR 302). These regulations designate 

under Section 102(a) of CERCLA the hazardous substances, pollutants, and contaminants; reportable 

quantities; and notification requirements for releases of these substances and reportable quantities for 

hazardous substances designated in Section 311 of the Clean Water Act. 

“Hazardous Chemical Reporting: Community Right-to-Know” (40 CFR 370). These regulations 

establish the reporting requirements for providing the public with information regarding the hazardous 

chemicals in their communities and aids in the development of state and local emergency response plans. 

“Toxic Chemical Release Reporting: Community Right-to-Know” (40 CFR 372). These regulations 

establish the submission of information relating to the release of toxic chemicals under Section 313 of 

Title III of the Superfund Amendments and Reauthorization Act. This information is intended in part to 

inform the public and communities about releases of toxic chemicals from “covered” facilities in their 

communities; to assist in research; and to aid in development of regulations, guidelines, and standards. 

Comprehensive Emergency Management System (DOE Order 151.1C). This Order establishes DOE’s 

policy and assigns roles and responsibilities for the DOE Emergency Management System. 

5.2.6 Ecological Resources 

Bald and Golden Eagle Protection Act of 1972, as amended (16 U.S.C. 668–668d). The Bald and 

Golden Eagle Protection Act, as amended, makes it unlawful to take, pursue, molest, or disturb bald 

(American) and golden eagles, their nests, or their eggs anywhere in the United States (Section 668, 

668c). A permit must be obtained from the U.S. Department of the Interior (DOI) to relocate a nest that 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

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interferes with resource development or recovery operations. This requirement would apply to eagles that 

might inhabit any of the mercury storage facility locations. 

Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. 703 et seq.). The Migratory Bird Treaty 

Act, as amended, is intended to protect birds that have common migration patterns between the United 

States and Canada, Mexico, Japan, and Russia. This Act stipulates that it is unlawful at any time, by any 

means, or in any manner, to “kill any migratory bird.” DOE would be required to consult with the 

U.S. Fish and Wildlife Service regarding impacts on migratory birds and to avoid or minimize these 

effects in accordance with the U.S. Fish and Wildlife Service mitigation policy. 

Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). The intent of the Endangered 

Species Act is to prevent the further decline of endangered and threatened species and to restore these 

species and their habitats. Section 7 requires Federal agencies having reason to believe that a prospective 

action may affect an endangered or threatened species or its habitat to consult with the U.S. Fish and 

Wildlife Service of DOI or the National Marine Fisheries Service of the U.S. Department of Commerce to 

ensure that the action does not jeopardize the species or destroy its habitat (50 CFR 17). If, despite 

reasonable and prudent measures to avoid or minimize such impacts, the species or its habitat would be 

jeopardized by the action, a review process is specified to determine whether the action may proceed. If a 

threatened or endangered species were identified at any of the mercury storage facility locations, 

consultations with the aforementioned agencies would be required. 

Fish and Wildlife Coordination Act of 1958 (16 U.S.C. 661 et seq.). The Fish and Wildlife 

Coordination Act promotes additional planning and cooperation between Federal, state, public, and 

private agencies for the conservation and rehabilitation of the country’s fish and wildlife and authorizes 

DOI to provide assistance. This Act requires consultation with the U.S. Fish and Wildlife Service if there 

is construction, modification, or control of bodies of water. If such a body of water would be affected by 

any of the potential mercury storage alternatives, evaluation and potential consultation would be required. 

Impoundments with a surface area less than 10 acres (4.05 hectares) are exempt. 

Protection of Wetlands (Executive Order 11990). This Executive Order requires Federal agencies to 

avoid short-term and long-term impacts on wetlands if a practical alternative exists. 

Invasive Species (Executive Order 13112). This Executive Order requires Federal agencies to prevent 

the introduction of invasive (nonnative) species or to monitor and control invasive species, to provide for 

restoration of native species, to conduct research, to promote educational activities, and to exercise care in 

taking actions that could promote the introduction or spread of invasive species. 

5.2.7 Cultural Resources 

American Antiquities Act of 1906, as amended (16 U.S.C. 431–433). This Act protects historic and 

prehistoric ruins, monuments, and antiquities, including paleontological resources, on federally controlled 

lands from appropriation, excavation, injury, and destruction without permission. Under this Act, the 

President of the United States is authorized to declare historic landmarks, prehistoric and historic 

structures, and other objects of historic or scientific interest that are situated on lands controlled or owned 

by the Federal Government to be national monuments. Currently, none of the candidate mercury storage 

facility locations have any known artifacts or resources that would necessitate compliance under this Act 

(see discussion in Chapter 4). 

American Indian Religious Freedom Act of 1978 (42 U.S.C. 1996 et seq.). This Act reaffirms 

American Indian religious freedom under the first amendment and establishes U.S. policy to protect and 

preserve the inherent and constitutional right of American Indians to believe, express, and exercise their 

traditional religions. This Act requires that Federal actions avoid interfering with access to sacred 

locations and traditional resources that are integral to the practice of religions. 
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Archaeological and Historic Preservation Act of 1974, as amended (16 U.S.C. 469–469c). This Act 

protects sites that have prehistoric and historic importance. It provides for the preservation of historical 

and archaeological data, including relics and specimens, that might otherwise be irreplaceably lost or 

destroyed as a result of a Federal construction project or federally licensed activity or program. Mercury 

storage and management activities would require compliance with this Act if, during construction, 

maintenance, or closure activities, any prehistoric or historic resources were found. 

Archaeological Resources Protection Act of 1979, as amended (16 U.S.C. 470 et seq.). This Act 

requires a permit for any excavation or removal of archaeological resources from Federal or American 

Indian tribal lands. Excavations must be undertaken for the purpose of furthering archaeological 

knowledge in the public interest, and resources removed are to remain the property of the United States. 

The law requires that, whenever any Federal agency finds that its activities may cause irreparable loss or 

destruction of significant scientific, prehistoric, or archaeological data, the agency must notify DOI. DOI 

may request that a department or agency undertake the recovery, protection, and preservation of such 

data. Consent must be obtained from the American Indian tribe or the Federal agency having authority 

over the land on which a resource is located before issuance of a permit; the permit must contain terms 

and conditions requested by the tribe or Federal agency. If such a discovery were made during activities 

associated with any of the potential mercury storage alternatives, all applicable notifications, permit 

applications, and other required steps would be taken. 

National Historic Preservation Act of 1996, as amended (16 U.S.C. 470 et seq.). The National 

Historic Preservation Act declares that sites with significant national historic value should be placed on 

the National Register of Historic Places, which is maintained by the Secretary of the Interior. 

Sections 106 and 110 require that historic properties be appropriately considered in planning Federal 

initiatives and actions. Section 110 sets out broad Federal agency responsibilities with respect to historic 

properties. It is a proactive mechanism with emphasis on ongoing management of historic preservation 

sites and activities at Federal facilities. No permits or certifications are required under this Act. Section 

106 requires the head of any Federal agency having direct or indirect jurisdiction over a proposed Federal 

or federally assisted undertaking to ensure compliance with the provisions of the Act. It compels Federal 

agencies to “take into account” the effect of their projects on historical and archaeological resources and 

to give the Advisory Council on Historic Preservation the opportunity to comment on such effects. 

Section 106 mandates consultation during Federal actions if the undertaking has the potential to have an 

effect on a historic property. This consultation normally involves the State Historic Preservation Officers 

and may include other organizations and individuals, such as local governments and American Indian 

tribes. If an adverse effect is found, the consultation often ends with the execution of a memorandum of 

agreement that states how the adverse effects will be resolved. Revisions to the regulations implementing 

Section 106, found in Title 30 of the CFR, Part 800, became effective on June 17, 1999 (64 FR 27043). 

These revisions introduced new flexibility and options for agencies to use to meet their obligations to 

comply with this Act. DOE will comply in full with the requirements of this Act for any action relating to 

the designation of the mercury storage facility. 

Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001 et seq.). This Act 

establishes a means for American Indians to request the return or “repatriation” of human remains and 

other cultural items presently held by Federal agencies or federally assisted museums or institutions. The 

Act also contains provisions regarding the intentional excavation and removal of, inadvertent discovery 

of, and illegal trafficking in American Indian human remains and cultural items. Major actions under this 

law include: (a) Establishing a review committee with monitoring and policy-making responsibilities; 

(b) developing regulations for repatriation, including procedures for identifying lineal descent or cultural 

affiliation needed for claims; (c) providing oversight of museum programs designed to meet the inventory 

requirements and deadlines of this law; and (d) developing procedures to handle unexpected discoveries 

of graves or grave goods during activities on Federal or tribal lands. All Federal agencies that manage 

land and/or are responsible for archaeological collections from their lands or generated by their activities 

must comply with this Act. Regulations implementing this Act are found in Title 43 of the CFR, Part 10. 
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Protection and Enhancement of the Cultural Environment (Executive Order 11593). This Executive 

Order directs Federal agencies to locate, inventory, and nominate properties under their jurisdiction or 

control to the National Register of Historic Places, if those properties qualify. This process requires DOE 

to provide the Advisory Council on Historic Preservation the opportunity to comment on the possible 

impacts of the proposed activity on any potentially eligible or listed resources. Compliance with this 

Executive Order is discussed under the National Historic Preservation Act of 1996, as amended. 

Indian Sacred Sites (Executive Order 13007). This Executive Order requires Federal agencies that 

manage lands, to the extent practicable, permitted by law, and not clearly inconsistent with essential 

agency functions, to (1) accommodate access to and ceremonial use of American Indian sacred sites by 

American Indian religious practitioners and (2) avoid adversely affecting the physical integrity of such 

sacred sites. Federal agencies shall maintain the confidentiality of such sites, as appropriate. 

Consultation and Coordination with Indian Tribal Governments (Executive Order 13175). This 

Executive Order requires Federal agencies to establish regular and meaningful consultations with tribal 

officials and to collaborate with tribal officials in the development of Federal policies that have tribal 

implications, to strengthen the United States’ government-to-government relationships with American 

Indian tribes, and to reduce the imposition of unfunded mandates on American Indian tribes. 

Preserve America (Executive Order 13287). This Executive Order requires Federal agencies, to the 

extent practicable, permitted by law, and not clearly inconsistent with essential agency functions, to 

protect and enhance the care and management of cultural and natural heritage assets in their care. 

“Protection of Historic Properties” (36 CFR 800). These regulations require Federal agencies to take 

into account the effects of their undertakings on historic properties, establish procedures to meet these 

responsibilities, and establish processes for Federal agencies to accommodate historic preservation and 

their undertakings through consultation among agency officials and other interested/affected parties. The 

goal of this consultation process is to identify historic properties potentially affected by the undertaking; 

assess its effects; and seek ways to avoid, minimize, or mitigate any adverse effects on historic properties. 

DOE Management of Cultural Resources (DOE Policy 141.1). The purpose of this DOE Policy is to 

ensure that DOE programs and field elements integrate cultural resources management into their missions 

and activities. 

DOE American Indian Tribal Government Interactions and Policy (DOE Order 144.1). This Order 

communicates DOE, programmatic, and field responsibilities for interacting with American Indian 

governments and transmits DOE’s American Indian and Alaska Native tribal government policy and its 

guiding principles, the framework for implementation of the policy. 

5.2.8 Worker Safety and Health 

Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). The Occupational Safety and 

Health Act established standards for safe and healthful working conditions in places of employment 

throughout the United States. This Act is administered and enforced by the Occupational Safety and 

Health Administration (OSHA), an agency within the U.S. Department of Labor. Although OSHA and 

EPA both have a mandate to reduce exposures to toxic substances, including mercury, OSHA’s 

jurisdiction is limited to safety and health conditions that exist in the workplace environment. Under this 

Act, it is the duty of each employer to furnish employees with a place of employment free of recognized 

hazards likely to cause death or serious physical harm. Employees have a duty to comply with the 

occupational safety and health standards and rules, regulations, and orders issued under this Act. 
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Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction (Executive 

Order 12699). This Executive Order delineates requirements for earthquake safety measures in new 

Federal buildings. The purposes of these requirements are to reduce risks to the lives of occupants of 

buildings owned by the Federal Government and to persons who would be affected by the failures of 

Federal buildings in earthquakes, to improve the capability of essential Federal buildings to function 

during or after an earthquake, and to reduce earthquake losses of public buildings, all in a cost-effective 

manner. 

Each Federal agency responsible for the design and construction of each new Federal building shall 

ensure that the building is designed and constructed in accordance with appropriate seismic design and 

construction standards. This requirement pertains to all building projects for which development of 

detailed plans and specifications is initiated subsequent to the issuance of the Executive Order. The 

proposed actions/alternatives that would require new building construction would have to comply with 

this Executive Order. 

“Worker Safety and Health Program” (10 CFR 851). This regulation establishes DOE’s 

nonradiological worker safety and health programs; just as OSHA does for the private industry. This part 

of Title 10 ensures DOE contractor workers have safe and healthful workplaces in which hazards are 

abated, controlled, or otherwise mitigated in a manner that provides reasonable assurance that workers are 

protected from the hazards associated with their jobs. It establishes management responsibilities, 

workers’ rights, required safety and health standards, and worker training on the hazards of their jobs as 

well as hazard controls. 

In June 2005, the DOE Assistant Secretary for Environment, Safety, and Health published in the Safety 

and Health Bulletin, “Safe Management of Mercury (Hg)” (DOE 2005), which provides information 

regarding the safe handling of mercury and mercury compounds during operations at DOE facilities. 

“Occupational Safety and Health Standards” (29 CFR 1910). OSHA regulations establish specific 

standards instructing employers what must be done to achieve a safe and healthful working environment. 

OSHA standards limit the concentration of elemental mercury in workplace air to 0.1 milligrams per 

cubic meter (29 CFR 1910.1000). 

DOE and other Federal Government agencies are not governed by OSHA regulations nor do they undergo 

compliance audits by OSHA personnel. However, they are required, under Title 29 of the United States 

Code, Section 668, to establish their own occupational safety and health programs for their places of 

employment that are consistent with OSHA standards (see above). 

Safety Management Functions, Responsibilities, and Authorities Policy (DOE Policy 411.1). This 

Policy defines DOE’s safety management functions, responsibilities, and authorities to ensure that work is 

performed safely and efficiently. 

Worker Protection Program for DOE (Including the National Nuclear Security Administration) 

Federal Employees (DOE Order 440.1B). This Order establishes the framework for an effective worker 

protection program that will reduce or prevent injuries, illnesses, and accidental losses by providing DOE, 

including National Nuclear Security Administration, workers with a safe and healthful workplace. 

5.2.9 Transportation 

Hazardous Materials Transportation Act of 1975 (49 U.S.C. 1801 et seq.). Transportation of 

hazardous materials and substances is regulated by the U.S. Department of Transportation (DOT). The 

Hazardous Materials Transportation Act of 1975 requires DOT to delineate standardized national 

regulations for transportation of hazardous materials. 
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DOT regulations (49 CFR 105, 107, 171–180) establish definitions and general program procedures and 

requirements of the hazardous materials regulations program. DOT hazardous material regulations 

establish standards for packaging, marking and labeling, and placarding of packages; and monitoring, 

routing, and accident reporting and manifesting of in-transit shipments. Requirements for transport by 

rail, air, and public highway are included. Mercury is listed on the DOT Hazardous Materials Table 

(49 CFR 172) as a hazardous material regulated fully under DOT only when it is transported by air or 

vessel, or if it is being offered in a single container at or above its reportable quantity of 1 pound 

(0.45 kilograms). The elemental mercury would be shipped in single containers, each containing a 

quantity of mercury above the 1 pound (0.45 kilograms) reportable quantity; therefore, shipment must be 

compliant with these regulations. 

Packaging and Transportation Safety (DOE Order 460.1B). This Order establishes the safety 

requirements for the proper packaging and transportation of DOE offsite shipments and onsite transfers of 

hazardous materials. 

5.2.10 Quality Assurance 

Quality Assurance (DOE Order 414.1C). This DOE Order ensures that the quality of DOE products 

and services meets or exceeds the customers’ expectations. The objective is to achieve quality assurance 

for all work based upon the following principles: (1) that quality is assured and maintained through a 

single, integrated, effective quality assurance program (i.e., management system); (2) that management 

support for planning, organization, resources, direction, and control is essential to quality assurance; 

(3) that performance and quality improvement require thorough, rigorous assessment and corrective 

action; (4) that workers are responsible for achieving and maintaining quality; and (5) that environmental, 

safety, and health risks and impacts associated with work processes can be minimized while maximizing 

reliability and performance of work products. 

Conduct of Operations Requirements for DOE Facilities (DOE Order 5480.19 [Change 2]). The 

purpose of this Order is to provide requirements and guidelines for departmental branches and divisions 

to use in developing directives, plans, and/or procedures relating to the conduct of operations at DOE 

facilities. The implementation of these requirements and guidelines should result in improved quality and 

uniformity of operations. 

5.2.11 Other Requirements 

Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.). This Act requires the avoidance of 

any adverse effects on prime and unique farmlands. Its purpose is to minimize the extent to which 

Federal programs contribute to the unnecessary and irreversible conversion of farmland to nonagricultural 

uses and to ensure that Federal programs are administered in a manner that, to the extent practical, will be 

compatible with state and local government and private programs and policies to protect farmland. 

National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.). NEPA 

establishes a national policy in an effort to increase awareness of the environmental consequences of 

human actions on the environment and consideration of environmental impacts during the preliminary 

planning and design prior to the decisionmaking stages of a project. It requires Federal agencies to 

prepare a detailed EIS for any major Federal action with potentially significant environmental impacts. 

Federal agencies are regulated under the CEQ regulations (40 CFR 1500 et seq.) for implementing the 

procedural requirements of NEPA. 

Protection and Enhancement of Environmental Quality (Executive Order 11514). This Executive 

Order (implemented by Title 40 of the CFR, Parts 1500 through 1508) requires Federal agencies to 

continually monitor and control their activities to meet the following objectives: (1) protect and enhance 

the quality of the environment and (2) develop procedures to ensure the fullest practicable provision of 
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timely public information and understanding of the Federal plans and programs that may have potential 

environmental impacts so that views of interested parties can be obtained. 

Federal Actions to Address Environmental Justice in Minority Populations and Low-Income 

Populations (Executive Order 12898). This Executive Order requires each Federal agency to identify 

and address disproportionately high and adverse human health or environmental effects of its programs, 

policies, and activities on minority and low-income populations. The environmental justice sections of 

Chapter 4 provide the compliance information pertaining to this Order. 

Protection of Children from Environmental Health Risks and Safety Risks (Executive Order 13045). 

This Executive Order requires each Federal agency to make it a high priority to identify and assess 

environmental, health, and safety risks that may disproportionately affect children and to ensure that its 

policies, programs, activities, and standards address disproportionate risks to children that result from 

environmental, health, or safety risks. Appendix D explains that the mercury exposure limits are 

protective of children and other sensitive individuals. 

Federal Leadership in Environmental, Energy, and Economic Performance (Executive Order 13514). 

The overarching purpose of this Executive Order (effective date October 5, 2009) is to establish an 

integrated strategy towards sustainability in the Federal Government and to make reduction of greenhouse 

gas emissions a priority for Federal agencies. It requires Federal agencies to (1) increase energy 

efficiency; (2) measure, report, and reduce greenhouse gas emissions; (3) conserve and protect water 

resources through efficiency, reuse, and stormwater management; (4) eliminate waste, recycle, and 

prevent pollution; (5) leverage agency acquisitions to foster markets for sustainable technologies and 

environmentally preferable materials, products, and services; (6) design, construct, maintain, and operate 

high performance sustainable buildings in sustainable locations; (7) strengthen the vitality and livability 

of the communities in which Federal facilities are located; and (8) inform Federal employees about and 

involve them in the achievement of these goals. In an effort to achieve these goals and continue mission 

support, Federal agencies are required to (1) prioritize actions based on a full accounting of both 

economic and social benefits and costs; and (2) drive continuous improvement by annually evaluating 

performance, extending or expanding projects that have net benefits, and reassessing or discontinuing 

underperforming projects. Lastly, Federal agencies are required to ensure transparency in implementing 

this Order by disclosing results associated with the actions taken pursuant to this Order by placing 

information on publicly available Federal websites. 

“National Environmental Policy Act Implementing Procedures” (10 CFR 1021). Title 10 of the 

CFR, Part 1021, sets forth DOE’s NEPA implementing procedures, which supplement and are used in 

conjunction with the CEQ regulations in Title 40 of the CFR, Parts 1500 through 1508. 

Land and Facility Use Planning (DOE Policy 430.1). This Policy states that DOE will manage all of its 

land and facilities as valuable national resources with stewardship based on the principles of ecosystem 

management and sustainable development. DOE will integrate mission, economic, ecologic, social, and 

cultural factors in a comprehensive plan for each site that will guide land and facility use decisions. Each 

comprehensive plan will consider the site’s larger regional context and will be developed with stakeholder 

participation. 

To achieve its full potential, each DOE site is given, under the life-cycle asset management approach, the 

responsibility of tailoring the process to local conditions and many existing activities that impact the 

planning for DOE’s land and facility assets. These include, but are not limited to, the NEPA process, site 

planning and asset management, public participation, economic development under community re-use 

organizations, privatization of assets, site strategic planning, environmental justice, cultural asset 

management, historic preservation, and natural resource management. 
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Environmental Protection Program (DOE Order 450.1A). This Order implements sound stewardship 

practices that are protective of the air, water, land, and other natural and cultural resources impacted by 

DOE operations and meet or exceed compliance with applicable environmental, public health, and 

resource protection requirements in a cost-effective manner.

Identifying, Implementing and Complying with Environment, Safety, and Health Requirements (DOE 

Policy 450.2A). This Policy sets forth the framework for identifying, implementing, and complying with 

environment, safety, and health requirements so that work is performed in the DOE complex in a manner 

that ensures adequate protection of workers, the public, and the environment. This Policy reaffirms the 

commitments in the Environment, Safety and Health Policy for the Department of Energy Complex (DOE 

Policy 450.1), including the commitments to excellence and continuous improvement in all DOE 

operations. 

5.3 PERMITS AND NOTIFICATIONS 

This section summarizes the general requirements for either permit modification or permit application for 

each of the candidate elemental mercury storage facility locations, noting that there is a degree of 

uncertainty in the permitting process. Regulatory agencies responsible for applicable permitting at 

proposed sites are also identified. Table 5–3 summarizes the existing and potential new environmental 

permits for air, water, and hazardous waste for each of the seven site alternatives. Sections 5.3.1 through 

5.3.7 provide more details on the permits and notifications generally required for each candidate location. 

Six of the seven candidate sites currently have existing air permits, NPDES permits, and construction 

stormwater discharge permits. Only Grand Junction Disposal Site (GJDS) could require a new air permit, 

NPDES permit, and construction stormwater discharge permit. Regulatory notification to either EPA or 

the authorized state regulatory compliance divisions of the intent to provide long-term storage and 

management of elemental mercury and any TSD facility design changes, modifications, etc. would be 

required for the other candidate locations. Communication and coordination with all applicable 

regulatory agencies including site specific discussions and facility specific permitting requirements 

(application for new permits or modification to existing permits) will be required for the long-term 

management and storage of elemental mercury at the selected site. 

Because of the requirement that the elemental mercury storage facility(ies) operate under a permit 

pursuant to Section 3005 of SWDA, hazardous waste TSD facility requirements and all associated 

permitting will be necessary. Five of the seven candidate sites currently have existing hazardous waste 

permits. Only GJDS and Kansas City Plant (KCP) would require a new hazardous waste TSD facility 

permit. The other candidate locations would require hazardous waste TSD facility permit modifications. 
Draft Long-Term Management and Storage of Elemental Mercury Environmental Impact Statement 

5–20

Table 5–3. Environmental Permit Summary 

Permits 

GJDS 

Colorado 

Hanford Site 

Washington 

HAD 

Nevada 

INL 

Idaho 

KCP 

Missouri 

SRS South 

Carolina 

WCS 

Texas 

Air 

Existing 

Permit(s) 

No Yes, State Yes, 

State 

Yes, State Yes, State Yes, State Yes, State 

New Permit 

Application 

Yes, State No No Determine

d After 

Review 

No Determine

d After 

Review 

No 

Permit 

Modification 

N/A Potential Potentia

l 

Potential Potential Potential No 

Regulatory 

Notification 

Yes, State Yes, State Yes, 

State 

Yes, State Yes, State Yes, State Yes, State 

Water 

National Pollutant Discharge Elimination System 

Existing 

Permit(s) 

No Yes, State Yes, 

State 

Yes, EPA Yes, State Yes, State Yes, State 

New Permit 

Application 

Yes, State No No No No No No 

Permit 

Modification 

N/A No No No No No No 

Regulatory 

Notification 

Yes, State Yes, State Yes, 

State 

Yes, EPA Yes, State Yes, State Yes, State 

General Construction Stormwater Permit

Existing General 

Stormwater 

Permit(s) 

No Yes, State Yes, 

State 

Yes, EPA Yes, State Yes, State Yes, State 

New Permit 

Application 

Yes, State No No No No No No 

Permit 

Modification 

N/A Yes, State Yes, 

State 

Yes, EPA Yes, State Yes, State No 

Regulatory 

Notification 

Yes, State Yes, State Yes, 

State 

Yes, EPA Yes, State Yes, State Yes, State 

Hazardous Waste Permit 

Existing 

Permit(s) 

No Yes, State 

TSD Facility 

Yes, 

State 

TSD 

Facility 

Yes, State 

TSD 

Facility 

Yes, State 

90-Day 

Storage 

Yes, State 

TSD 

Facility 

Yes, State 

TSD 

Facility 

New Permit 

Application 

Yes, State No No No Yes, State No No 

Permit 

Modification 

N/A Yes, State Yes, 

State 

Yes, State N/A Yes, State Yes, State 

Regulatory 

Notification 

Yes, State Yes, State Yes, 

State 

Yes, State Yes, State Yes, State Yes, State 

Key: EPA=U.S. Environmental Protection Agency; GJDS=Grand Junction Disposal Site; HAD=Hawthorne Army Depot; 

INL=Idaho National Laboratory; KCP=Kansas City Plant; N/A=not applicable; SRS=Savannah River Site; TSD=treatment, 

storage, and disposal; WCS=Waste Control Specialists, LLC. 

5.3.1 Grand Junction Disposal Site, Colorado 

Currently, there are no environmental permits and none are required for the ongoing activities associated 

with this facility; however, this site does have a U.S. Nuclear Regulatory Commission (NRC) general 

license for custody and long-term care of residual radioactive material (10 CFR 40.27). As discussed in 

Chapter 1, Section 1.7.1, DOE and the Mesa County Board of Commissioners (Mesa County) entered into 

a Memorandum of Understanding (1996 MOU) (DOE and Mesa County 1996) to provide meaningful 

consultation with and participation of Mesa County in DOE’s use of GJDS. Mesa County’s position is 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

5–21

that the use of GJDS is restricted per the 1996 MOU and that DOE is obligated to honor this agreement. 

DOE currently is evaluating the applicability of the 1996 MOU to determine whether it would affect the 

viability of this site as a reasonable alternative. After the cell is closed, DOE will begin long-term 

custodial care in accordance with the NRC general license requirements, as codified in Title 10 of 

the CFR, Section 40.27. Actions, activities, and compliance requirements occurring at GJDS are 

delineated in the NRC general license. Specific notification, communication, and coordination of 

activities that occur at GJDS between DOE and Mesa County are addressed in the 1996 MOU. GJDS is 

in compliance with the requirements specified in the NRC general license and with the terms and 

conditions specified in the 1996 MOU. Historically speaking, GJDS has been in regulatory compliance 

since construction of the cell was completed in 1994. 

Mesa County land use regulations require that a storage facility or a warehouse be located in an industrial 

or commercial zoned district. The current land use of GJDS is Agricultural Forestry Transitional. 

Therefore, a certificate of designation and a conditional use permit could be required through Mesa 

County before this site would be developed for mercury storage. 

Colorado Department of Public Health and Environment (CDPHE) – Air Pollution Control 

Division 

General Construction Permit (GP03). Land development activities that are less than 25 contiguous 

acres and less than 6 months in duration are exempt from permitting and do not need to report air 

emissions to the division. For these projects, operators must use appropriate control measures to 

minimize the release of fugitive dust from the site. Land development refers to all land-clearing activities 

including, but not limited to, land preparation, such as excavating or grading for residential, commercial, 

or industrial development or oil and gas exploration and production. If construction activities were to last 

longer than 6 months and disturb greater than 25 contiguous acres, a general construction permit from the 

CDPHE would be required. 

CDPHE, Hazardous Materials and Waste Management Division 

Notification of Regulated Waste Activity. Persons who own or operate a facility for the treatment, 

storage, or disposal of regulated hazardous waste; transport hazardous waste; handle used oil; or handle 

large quantities of universal waste must notify CDPHE of these activities and obtain an EPA 

identification number—a number issued by CDPHE and EPA to identify a facility for hazardous waste 

management and tracking purposes. The notification includes the location and general description of the 

activities and type(s) of hazardous wastes handled by the facility. 

TSD Facility Permit. Owners and operators of existing or new hazardous waste management units must 

have permits for the active life of the unit, including the closure period. The decision to issue a permit for 

treatment, storage, or disposal of hazardous waste is made by the Hazardous Materials and Waste 

Management Division of CDPHE after a thorough evaluation of the two-part application and input from 

the public. 

There are a number of steps that are taken prior to the issuance or denial of a hazardous waste permit. 

Not all steps require public participation, but they can add to the timelines of the final action of the 

permit. Additionally, Mesa County could also potentially require a conditional use permit.

CDPHE, Water Quality Control Division, Stormwater Program 

General Permit for Stormwater Discharges Associated with Heavy Industrial Activity-Hazardous 

Waste Treatment, Storage, and Disposal Facilities and Construction Activities. A stormwater 

discharge permit is required for hazardous waste TSD facilities (including those operating under interim 

status). In accordance with Colorado regulations, industries with Standard Industrial Classification 
Draft Long-Term Management and Storage of Elemental Mercury Environmental Impact Statement 

5–22

No. 4953, “Hazardous Waste Treatment, Storage or Disposal Facilities,” require permit type H, which is 

the “Heavy Industry General Permit (Permit No. COR-020000), Appendix A.” At least 30 days prior to 

the anticipated date of discharge, the owner (or operator if the owner does not operate the facility) of the 

facility shall submit an application as provided by the CDPHE Water Quality Control Division. 

Submittal of a stormwater management plan is required for heavy industry applicants. Additionally, the 

plan must be implemented and kept at the facility for state review at any time. Stormwater discharge 

activities are covered and regulated under the Colorado Discharge Permit System. Permits require an 

annual report, monitoring and sampling, and preparation and maintenance of best management plans.

A stormwater discharge permit is also required for any construction activity, including clearing, grading, 

and excavating that results in the disturbance of 5 or more acres of total land area, and disturbance of less 

than 5 acres of total land that is part of a larger common plan of development that will ultimately disturb 

5 acres or more of total land. 

5.3.2 Hanford Site, Washington 

The Hanford Site has numerous active environmental permits issued by the Washington State Department 

of Ecology (Ecology) and the Benton County Clean Air Authority, which enforces regulations pertaining 

to detrimental effects, fugitive dust, incineration products, odor, opacity, asbestos, and sulfur oxide 

emissions. 

Washington State Department of Ecology (Ecology) 

General Regulations for Air Pollution Sources, Washington Administrative Code (WAC) 173-400. 

Washington State has an extensive set of regulations governing toxic air pollutants (TAPs) 

(WAC 173-460). These regulations are similar to the EPA Clean Air Act amendments regarding 

hazardous air pollutants. In contrast to the Federal program, which applies to new and existing emission 

sources, the TAP rules apply only to new sources of TAPs, including any modification of an existing 

source where the modification will increase TAP emissions. The TAP rules are implemented under the 

New Source Review (NSR) Program, and the regulatory standard for TAPs is “best available control 

technology.” An NSR permit delineates what construction (new or modification) is permitted, the 

emission levels that must be met, and operational time limits for the source of emissions. Washington 

State lists elemental mercury as a TAP, identifies controls for new TAP sources, and specifies for 

elemental mercury an acceptable source impact level of 0.09 micrograms per cubic meter, a smallquantity emission rate of 0.0118 pounds per 24-hour average, and a de minimis emission value of 

0.000591 for elemental mercury averaged over a 24-hour period (WAC 173-460-150). Note that an NSR 

permit is not required if the TAP emission is below the de minimis value prior to any emission control 

equipment. 

Notification of Modification/New Toxic Air Pollutant, WAC 173-400-100. The owner or operator of 

each source listed (including TSD facilities) shall register the source with Ecology. Both the construction 

of a new source and/or modification of a stationary source that increases the amount of any air 

contaminant emitted by such source or that results in the emission of any air contaminant not previously 

emitted must notify and register with Ecology. 

Ecology, Dangerous (Hazardous) Waste TSD Facility Regulations, Dangerous Waste Regulations, 

WAC 173-303 

Notice of Intent Modification/Expansion/New Non–DOE Source Generator to Existing Hazardous 

Waste TSD Facility Permit (WAC 173-303-280). General requirements for dangerous waste 

management facilities. The requirements of WAC 173-303-280 through 173-303-395 apply to all 

owners and operators of facilities that store, treat, or dispose of dangerous wastes and that must be 

permitted under the requirements of this chapter (WAC 173-303). 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

5–23

Hanford Federal TSD Facility Permit. The DOE Hanford Site Washington State TSD facility permit 

(No. WA7890008967) allows Hanford to treat, store, and dispose of hazardous waste. The Washington 

Hazardous Waste Management Act grants Ecology the authority to regulate the disposal of hazardous 

wastes in Washington and to implement waste reduction and prevention programs. Ecology has adopted 

extensive regulations that are found in Chapter 173-303 of the WAC. Washington State has received 

authority from EPA to implement the full RCRA program within the state’s borders. 

Ecology, Water Quality Programs, Chapters 173-220 & 226 WAC NPDES Permit Program, 

WAC 173–220, and Waste Discharge General Permit Program, WAC 173-226. 

Notification/Modification of Existing Permits: WAC 173-220-150, “Other Terms and Conditions.” In 

addition to the requirements of WAC 173-220-130 and 173-220-140, each issued permit shall require 

that: (a) all discharges authorized by the permit shall be consistent with the terms and conditions of the 

permit; (b) any facility expansions, production increases, or process modifications that would result in 

new or increased discharges of pollutants causing effluent limitations in the permit to be exceeded must 

be reported to the department by submission of a new application or supplement thereto; or, if such 

discharge does not violate effluent limitations specified in the permit, by submission to the department of 

notice of such new or increased discharges of pollutants. 

Permits, Point Source Pollution, Individual or General Permits. WAC 173-226-080, “Other Terms 

and Conditions.” In addition to the requirements of WAC 173-226-070, 173-226-090, and 173-226-180, 

each general permit shall require that: (a) all discharges authorized by the general permit shall be 

consistent with the terms and conditions of the permit; (b) any facility expansions, production increases, 

or process modifications that would result in new or increased discharges of pollutants causing effluent 

limitations in the general permit to be exceeded or beyond that which was reported in the application for 

coverage must be reported to the department by submission of a new application or supplement thereto. 

5.3.3 Hawthorne Army Depot, Nevada 

The Hawthorne Army Depot operates under an air permit for various sources, including boilers, 

processors, diesel-powered generators, and conventional ordnance disposal, and a separate permit for 

plasma ordnance disposal operations. The Hawthorne Army Depot is a large-quantity generator of 

hazardous waste and has an RCRA permit for storage of hazardous waste. Stormwater discharges from 

the Hawthorne Army Depot are covered by an NPDES general permit. 

The Defense Logistics Agency’s Final Mercury Management Environmental Impact Statement

(DLA 2004) and subsequent Record of Decision (69 FR 23733) concluded that the long-term storage of 

U.S. Department of Defense commodity mercury would be at the Hawthorne Army Depot. The mercury 

is stored and handled as a commodity. 

As of 2006, Nevada enacted mercury-specific legislation in the Air Emissions Control Program, the 

Nevada Clean Air Mercury Rule, and the Chemical Accident Prevention Program (CAPP) (specifically 

aimed at storage requirements that went into effect September 18, 2006). In September 2006, the Nevada 

Division of Environmental Protection (NDEP) expanded CAPP to cover storage facilities that handle 

large quantities of mercury. NDEP added mercury to the list of highly hazardous substances, which are 

regulated under CAPP. 

As part of the CAPP hazardous substance regulations, Senate Bill No. 118 was proposed in the 

2007 legislative session to promulgate regulations for handling and storing mercury in quantities greater 

than or equal to 200,000 pounds (100 tons) by adding language to Nevada Revised Statutes (NRS), 

Section 459.3818. Section 459.3818 (1)(c) proposed provisions to protect the health, safety, and welfare 

of the residents of Nevada from the effects of handling and storing quantities of mercury meeting or 

exceeding 200,000 pounds (100 tons). The State of Nevada adopted this State Environmental 

Commission regulation effective October 31, 2007. 
Draft Long-Term Management and Storage of Elemental Mercury Environmental Impact Statement 

5–24

Nevada Administrative Code (NAC), Section 459.9533, is a regulation relating to hazardous materials 

that designates mercury as a highly hazardous substance. 

NDEP, Bureau of Air Quality Planning, CAPP, NRS 459.380–459.3874. 

Determination of Applicability of CAPP (especially as it relates to mercury) 

NAC 459.95321. The owner or operator shall determine for each process (e.g., mercury storage) within 

the boundary of his facility if the process is subject to CAPP. 

NAC 459.95323, “Criteria for Determination.” A process is subject to CAPP if the process contains a 

highly hazardous substance in a quantity equal to or greater than the amount set forth in Subsection 1 of 

NAC 459.9533 under the column labeled “Threshold Quantity.” 

NAC 459.9533, “Tabulated Values for Threshold Quality, Two Release Quantity and Toxic Endpoints, 

Classification of Substance as Explosive.” This section includes a table that sets forth the list of highly 

hazardous substances and the parameters associated with carrying out CAPP. The parameters associated 

with mercury are reproduced below. 

Mercury: 

Chemical Abstracts Service Number = 439-97-6 

Threshold Quantity = 200,000 pounds

Two Release Quantity = 5,000 pounds 

Toxicity or Flammability = Toxicity 

Toxic Endpoint (milligrams per liter) = 0.0021 

The owner or operator of a facility that has a process subject to Mercury CAPP shall comply with the 

following requirements: 

1. Register annually with NDEP. 

2. Pay the annual fees pursuant to NAC 459.95334. 

3. Develop a mercury management system. 

4. Conduct a mercury hazard assessment. 

5. Develop and implement a mercury spill prevention program. 

6. Develop and implement a mercury emergency response program. 

7. Provide information to NDEP in advance of an inspection. 

8. Submit to NDEP a Revalidation of Mercury Process Hazard Analysis (pursuant to 

NAC 459.9549). 

NDEP, Bureau of Air Quality Planning, Air Pollution Control - NAC 445B.001–445B.395. All 

necessary permits and procedures are in place. No further action would be needed if the Hawthorne 

Army Depot is chosen as the mercury storage facility site. 

NDEP, “Facilities for Management of Hazardous Waste: General Provisions,” 

NAC 444.842–8482. 

TSD Permit Notice of Intent/Modification - NAC 444.8458, “Stationing New or Expanding Facility for 

Management of Hazardous Waste: Certificate of Designation; Prerequisite for Permit; Application; 

Issuance; Exempt Facilities.” A person who proposes to construct or operate a new or expanding facility 

for the management of hazardous waste must obtain a certificate of designation from the Administrator of 

the Nevada Department of Health and Human Services before the submission of a Class 3 modification, 

required pursuant to Title 40 of the CFR, Part 124, Subparts A and B, and Title 40 of the CFR, Part 270, 

Subparts A through F. 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

5–25

Annual Report to State. The owner or operator must submit an annual report to the state regarding the 

quantity of the highly hazardous substances present on site, specifically, the maximum quantity on site 

between June 1 of the previous year and May 31 of the current year (NAC 459.95348). 

Highly Hazardous Substances, NAC 459.952–459.9542. 

NDEP, Water Pollution Control Program, 445A.226–445A.348. No action would be needed if the 

Hawthorne Army Depot is chosen as the mercury storage facility site. 

5.3.4 Idaho National Laboratory, Idaho 

Idaho National Laboratory (INL) has numerous environmental permits, including one RCRA permit with 

a number of permitted TSD facilities and two Title 5 air permits (DOE 2008). In general, the Idaho 

Department of Environmental Quality is an EPA-authorized state agency. However, regulation of 

radionuclide emissions at DOE facilities, as prescribed in Title 40 of the CFR, Part 61, Subpart H, has not 

been delegated to Idaho and is administered by EPA. 

Idaho Department of Environmental Quality, Rules for the Control of Air Pollution in Idaho, the 

Idaho Administrative Procedure Act (IDAPA) 58.01.01. 

Air, IDAPA 58.01.01, Section 581. Construction or modifications of facilities that fall under this 

classification are subject to a preconstruction review and permitting under the program. Under EPA 

regulations, the State of Idaho has been delegated authority under the Clean Air Act to maintain the 

Primary and Secondary National Ambient Air Quality Standards (40 CFR 52, Subpart N), to issue PSD 

permits (40 CFR 52.683), to enforce performance standards for new stationary sources, and to issue 

permits to operate. The State of Idaho also administers a permit program that regulates sources that are 

too small to qualify as a major source under PSD regulations. The State of Idaho has regulatory authority 

for the NESHAP Subpart M program – Asbestos. To date, State of Idaho does not have authority 

delegated from EPA to administer the NESHAP Subpart H Program (radionuclide emissions), that 

authority remains with EPA (40 CFR 61.90–61.97). 

Notice to Modify/Review Mercury Insignificant Emission Criteria. The Idaho Air Quality Program is 

primarily administered through the permitting process. Potential sources of air pollutants are evaluated 

against regulatory criteria to determine if the source is specifically exempt from permitting requirements 

and if the source’s emissions are significant or insignificant. If emissions are determined to be 

significant, several actions may occur: (1) permitting determinations may be made to demonstrate that the 

project or process is either below emission thresholds or listed as exempted source categories in State of 

Idaho regulations allowing self-exemption or (2) an application for a permit to construct may be 

submitted. If emissions are deemed major under PSD regulations, then a PSD analysis must be 

completed. If not deemed significant per PSD regulations, an application for only a permit to construct 

without the additional PSD modeling and analyses is needed. All permits to construct are applied for 

using State of Idaho air regulations and guidelines. 

Idaho Department of Environmental Quality, “Rules and Standards for Hazardous Waste,” 

IDAPA 58.01.05. 

The State of Idaho is authorized by EPA to administer its own RCRA program and is responsible for 

reviewing applications and issuing permits. The Idaho Department of Environmental Quality has issued a 

RCRA permits for INL. 
Draft Long-Term Management and Storage of Elemental Mercury Environmental Impact Statement 

5–26

Notice of Intent/Modification of Existing RCRA Permit and New Non–DOE Generator/Source: 

IDAPA 58.01.05.012, “Hazardous Waste Permit Program,” 40 CFR 270, Subpart D, “Changes to 

Permit,” 40 CFR 270.41, “Modification or Revocation and Reissuance of Permits.” When the 

director receives any information (for example, inspects the facility or receives information submitted by 

the permittee as required in the permit [see Title 40 of the CFR, Section 270.30]), he or she may 

determine if there exists one or more of the causes listed in paragraphs (a) and (b) of this section for 

modification or revocation and reissuance, or both. If cause exists, the director may modify or revoke and 

reissue the permit accordingly, subject to the limitations of paragraph (c) of this section, and may request 

an updated application if necessary. 

Federal Wastewater Permitting Programs, “EPA Administered Permit Programs: NPDES,” 

40 CFR 122. 

Under the Clean Water Act, states generally set water quality standards, and EPA or states regulate and 

issue permits for point source discharges as part of the NPDES Permit Program. In Idaho, EPA is 

responsible for issuing these permits. INL complies with two Clean Water Act permits through the 

implementation of procedures, policies, and best management practices. These permits are (1) discharges 

from Idaho Falls facilities to the City of Idaho Falls–owned treatment works and (2) NPDES general 

permit for stormwater discharges from construction activities, which provides protective requirements for 

construction activities located within the INL stormwater corridor. 

Stormwater Discharge Permits for Construction Activity. DOE obtained coverage for INL under the 

general permit for stormwater discharges from construction sites issued in June 1993. The coverage 

under the general permit has been renewed twice. INL contractors obtain coverage under the general 

permit for individual construction projects. Stormwater pollution prevention plans are completed for 

individual construction projects. Inspections of construction sites are performed in accordance with 

permit requirements. 

Only construction projects that are determined to have a reasonable potential to discharge pollutants to 

regulated surface water are required to have a stormwater pollution prevention plan and NPDES permit. 

Notification/Review. Construction of new facilities or modifications to existing facilities will require the 

development of written stormwater discharge plans that conform to requirements of the existing discharge 

permit. The discharge permit will then need to be amended to include the additional or modified 

facilities. 

5.3.5 Kansas City Plant, Missouri 

KCP has numerous environmental permits, including a hazardous waste management facility permit for 

the operation of an RCRA 90-day storage facility issued by the State of Missouri (GSA and NNSA 2008). 

Missouri Department of Natural Resources (MDNR), Division 10, Air Conservation Commission, 

Air Quality Standards and Pollution Control Regulations for the Entire State of Missouri, 10 Code 

of State Regulations (CSR) 10-6: 

Notification to MDNR. The Bannister Federal Complex is located in the Metropolitan Kansas City 

Interstate Air Quality Control Region 94. This region is currently in attainment status for all criteria 

pollutants. KCP is currently designated as a major source, as defined by the NESHAPs of the Clean Air 

Act. 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

5–27

MDNR, Division 25, Hazardous Waste Management Commission, “Rules Applicable to 

Owners/Operators of Hazardous Waste Facilities,” 10 CSR 25-7. 

Notification and Modification. The current hazardous waste permit is for the management and storage of 

hazardous waste with a 90-day storage limitation (Missouri Hazardous Waste Management Facility 

Permit Part I, Permit No. Mo9890010524). The most likely regulatory scenario would be the need for a 

TSD facility permit in accordance with RCRA TSD facility requirements, which would require an entire 

permit application process. 

The State of Missouri has additional regulatory requirements for hazardous waste TSD facilities above 

and beyond those found in the Federal regulations. 

MDNR, Division 20, Clean Water Commission, “Permits: Storm Water Regulations,” 

10 CSR 20-6.200. 

KCP has an NPDES permit for four permitted storm sewer systems, six non-permitted 

(i.e., non-industrial) storm sewers, and surface drainage ditches. 

Notification of New Activity to MDNR, 10 CSR 20-6.200 (Stormwater Regulations). All persons who 

operate, use, or maintain existing stormwater point sources or who disturb land that would result in a 

stormwater point source shall apply to MDNR for the permits required by the Missouri Clean Water Law 

and these regulations. A permit must be obtained before beginning any new construction related to the 

above activities. 

5.3.6 Savannah River Site, South Carolina 

The Savannah River Site has numerous environmental permits, including a hazardous waste storage 

facility permit. The South Carolina Department of Health and Environmental Control (SCDHEC) is has 

been authorized by EPA to issue environmental permits. 

SCDHEC, Bureau of Air Quality, “Air Pollution Control Regulations and Standards,” South 

Carolina Regulation (SCR) 61-62 

Notify SCDHEC of New Source Potential: SCR.61-62.1, Section II, “Permit Requirements,” 

(A) “Construction Permits,” (B) “Exemptions from the Requirement to Obtain a Construction 

Permit.” Part 4 states, sources whose only emissions are fugitive must submit source information; the 

need for permit(s) will be made by SCDHEC on a case-by-case basis. This determination will take into 

consideration, but will not be limited to, the nature and amount of the pollutants, location, and proximity 

to residences and commercial establishments, among other factors. 

Additionally, a commitment to comply with all applicable regulations and requirements in accordance 

with SCDHEC SCR.61-62.6 (“Control of Fugitive Particulate Matter”) must be included in the 

notification to SCDHEC. 

SCDHEC, “Hazardous Waste Management Regulations: Permit Administration.” SCR.61-79.124 

Notification to Modify (Potential to Submit Hazardous Waste TSD Facility Permit Application) and 

New Non–DOE Generator Sources: SCR 61-79, Section 124.5 (“Modification, Revocation, and 

Reissuance, Termination of Permits Under These Regulations”). (1) SCDHEC may request 

additional information and, in the case of a modified permit, may require the submission of an updated 

permit application. (2) In a permit modification under this section, only those conditions to be modified 

shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall 

remain in effect for the duration of the unmodified permit. (3) “Class 1 and 2 modifications,” as defined 

in Title 40 of the CFR, Part 270, Subpart D, are not subject to the requirements of this section. Any 
Draft Long-Term Management and Storage of Elemental Mercury Environmental Impact Statement 

5–28

modification that would increase the permitted storage capacity, as defined in the permit, would qualify as 

a Class 3 Modification, a substantial altering of the facility (or its operation), and would be a Class 3 

permit modification. (40 CFR 270.42, Appendix I, “Classification of Permit Modification”). 

SCDHEC has some requirements that are above and beyond the Federal requirements identified in 

Title 40 of the CFR. For example, SCDHEC requires earlier and broader notification to the state and 

potential affected parties and greater involvement of the state and the public in permit modifications and 

maintains the ability to increase permit modification requirements. All of these items may have potential 

impacts on permit modification process. 

SCDHEC “Water Pollution Control Permits: NPDES Permit,” SCR.61-9.122 

“Modification or Revocation and Reissuance of Permits.” Section 122.62 (a). When SCDHEC receives a 

request for modification it may determine whether or not modification or revocation and reissuance apply. 

If cause exists, SCDHEC may modify and reissue the permit accordingly and may request an updated 

application if necessary. When a permit is modified, only the conditions subject to modification are 

reopened. If a permit is revoked and reissued, the entire permit is reopened and subject to revision, and 

the permit is reissued for a new term. 

5.3.7 Waste Control Specialists, LLC, Texas 

Waste Control Specialists, LLC (WCS), is a commercial, fully permitted waste processing and disposal 

company located in Andrews, Texas. WCS has numerous environmental permits. The Texas 

Commission on Environmental Quality (TCEQ) is an EPA-authorized regulatory and permitting body. 

TCEQ issued WCS an RCRA TSD facility permit and an NPDES permit. EPA is the prime regulatory 

agency for CERCLA and TSCA compliance at the WCS site. 

TCEQ, “General Air Quality Rules,” 30 Texas Administrative Code (TAC) Chapter 101 

WCS has several air operating permits. Any necessary modifications to existing storage facilities would 

be minor and should not require any permit modifications. 

TCEQ, “Consolidated Permits: Additional Conditions for Hazardous and Industrial Solid Waste 

Storage, Processing, or Disposal Permits,” 30 TAC Chapter 305, Subchapter G 

Notification to Store Mercury with Subsequent Independent Annual Environmental Audit of the 

Facility.

30 TAC 305.141(b)(2). TCEQ requires notification and permitting of new construction and modification 

of hazardous waste TSD facilities, including a list of the wastes or classes of wastes that will be stored at 

the facility and a description of the processes to be used for the processing, storage, or disposal of such 

hazardous wastes at the facility, including the design capacity of each storage unit. 

30 TAC 305.147. Any amended or modified commercial hazardous waste management facility permit 

shall require that, within the first year after commission action on the permit, the facility owner or 

operator shall provide notice to affected persons of the intent to have an independent annual 

environmental audit of the facility performed. 

30 TAC 305.69. “Solid Waste Permit Modification at the Request of the Permittee.” (A) The permittee 

must notify the executive director concerning the modification by certified mail or other means that 

establish proof of delivery within 7 calendar days after the change is put into effect. This notification 

must specify the changes being made to permit conditions or supporting documents referenced by the 

permit and must explain why they are necessary. 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

5–29

Texas Pollutant Discharge Elimination System Permit 

There should be no impacts associated with Texas Pollutant Discharge Elimination System permit. There 

would be no major modification that would necessitate notification to TCEQ. 

5.4 CONSULTATIONS 

NEPA and CEQ regulations require DOE and other Federal agencies to consult with other Federal 

agencies, federally recognized tribal governments, and state and local agencies with jurisdiction or special 

expertise regarding any environmental impact of Federal actions. Agencies involved include those with 

authority to issue applicable permits, licenses, and other regulatory approvals, as well as those responsible 

for protecting significant resources (e.g., endangered species, critical habitats, or historic resources). The 

majority of consultations are in the areas of ecological and cultural resources, and American Indian 

heritage, religious and cultural areas. In addition, DOE policies require consultation with American 

Indian tribal governments with regard to any DOE action that might affect any property to which these 

governments attach religious, or cultural importance. DOE is committed to fulfilling its responsibilities 

of providing open communication and full consultations with federally recognized tribal governments. 

If a proposed action has the potential to disturb sensitive species or habitats, ecological resource 

consultations with the appropriate agencies are required. If a proposed action has the potential to disturb 

or disrupt a cultural resource or an archaeological site, cultural resource consultations are required. 

If, at any time during implementation of a proposed action, an inadvertent discovery is made with 

potential impacts on ecological, cultural, or American Indian artifacts or materials or human remains, all 

activity would cease until consultation with affected agencies, organizations, and/or governments is 

completed. Actions would not resume until a plan is established to mitigate any potential adverse impacts 

and all applicable consultations have been completed. 

5.4.1 Consultations Regarding Ecological Resources 

All of the candidate locations for the DOE-designated mercury storage facility(ies) have had previous 

ecological resource(s) identification and listing via biological surveys, onsite assessments, 

data/information reviews, and associated consultation with applicable Federal and state agencies. 

Consultations with all applicable organizations regarding ecological resources for each of the candidate 

sites have been initiated (see Table 5–4). The consultations solicit input from the agencies/organizations 

regarding the potential for ecological impacts on threatened, endangered, or otherwise protected species 

or habitats that might be impacted directly or indirectly. 

Table 5–4. Summary of Consultations 

Candidate Site Subject Contact 

Ecological Resources Patricia Gelatt, Assistant to the Field Supervisor 

U.S. Fish and Wildlife Service 

Ecological Resources Ron Velarde, Regional Manager 

Colorado DNR, Division of Wildlife 

Grand Junction 

Disposal Site 

Cultural Resources Mr. Edward C. Nichols, SHPO 

Colorado Historical Society 

Ecological Resources Mr. Mark Miller 

U.S. Fish and Wildlife Service 

Ecological Resources Mr. Jeff Tayer, Regional Program Director 

Washington State Department of Fish and Wildlife 

Cultural Resources Dr. Allyson Brooks, SHPO 

Office of Archeology & Historic Preservation 

DOE Hanford Site 

American Indian Ralph Sampson, Chairman 

Yakama Tribal Council 

Confederated Tribes and Bands of the Yakama Nation 
Draft Long-Term Management and Storage of Elemental Mercury Environmental Impact Statement 

5–30

Candidate Site Subject Contact 

American Indian Jeanne Jerred, Chairwoman 

Confederated Tribes of the Colville Reservation 

Business Council 

American Indian Rex Buck, Leader 

Wanapum People 

American Indian Antone Minthorn, Chairman 

Board of Trustees 

Confederated Tribes of the Umatilla Indian Reservation 

DOE Hanford Site 

(Continued) 

American Indian Samuel N. Penney, Chairman 

Nez Perce Tribe Executive Committee\ 

Nez Perce Tribe 

Ecological Resources Henry Maddux, Field Supervisor 

U.S. Fish and Wildlife Service 

Utah Ecological Services Field Office 

Ecological Resources Glenn H. Clemmer, Program Manager 

Nevada Natural Heritage Program 

Nevada Department of Conservation and Natural Resources 

Cultural Resources Mr. Ronald James, SHPO 

Historic Preservation Office 

Hawthorne Army 

Depot 

American Indian Edmund Reymus, Chairman 

Walker River Paiute Tribe 

Ecological Resources Dennis Mackey 

U.S. Fish and Wildlife Service 

Idaho Fish and Wildlife Office 

Ecological Resources Jeff Gould, Bureau Chief 

Idaho Fish and Game, Wildlife Bureau 

Cultural Resources Ms. Janet Gallimore, Executive Director 

Idaho State Historical Society 

DOE Idaho 

National 

Laboratory 

American Indian Alonzo Coby, Chairman 

Fort Hall Business Council 

Shoshone-Bannock Tribes 

Ecological Resources Charlie Scott, Field Supervisor 

U.S. Fish and Wildlife Service 

Columbia Ecological Services Office 

Ecological Resources Karl Fett, Director 

Missouri Department of Natural Resources 

Field Services Division, Kansas City Regional Office 

DOE Kansas City 

Plant 

Cultural Resources Mr. Mark Templeton, SHPO 

State Department of Natural Resources 

State Historic Preservation Office 

Ecological Resources Tim Hall, Field Supervisor 

U.S. Fish and Wildlife Service 

Charleston Ecological Services Office 

Ecological Resources D. Breck Carmicheal Jr., Deputy Director 

South Carolina Department of Natural Resources 

Wildlife and Freshwater Fisheries Division 

DOE Savannah 

River Site 

Cultural Resources Mr. Eric Emerson, SHPO 

Department of Archives & History 

American Indian Donald Rodgers, Chief 

Catawba Indian Nation 

Ecological Resources U.S. Fish and Wildlife Service 

Austin Ecological Services Office 

Ecological Resources Clay Brewer, Director 

Texas Parks and Wildlife Department 

Waste Control 

Specialists, LLC 

Cultural Resources Mr. Mark S. Wolfe, SHPO 

Texas Historical Commission 

Key: SHPO=State Historic Preservation Officer. 
Environmental Laws, Regulations, Permits, and Other Potentially Applicable Requirements 

5–31

5.4.2 Consultations Regarding Cultural Resources 

As with ecological resource(s) identification and delineation, all of the candidate locations for the 

DOE-designated mercury storage facility(ies) have undergone numerous site assessments, surveys, and 

consultations with the applicable agencies. Consultations with all applicable historic preservation offices 

at each of the candidate sites have been initiated (see Table 5–4). If, at any time from project initiation 

through completion, an inadvertent discovery of archaeological or historic materials is made, activities 

would cease until all appropriate contacts and consultations have been completed. 

5.4.3 Consultations with American Indian Tribal Governments 

DOE is committed to fulfilling its government-to-government responsibilities and continued relationships 

via communication and consultation opportunities with the federally recognized American Indian tribal 

governments. DOE has initiated the consultation process with the various tribal nations that might be 

impacted by the alternatives for implementing the proposed action (see Table 5–4). Examples of some of 

the concerns and areas of potential impact could be places or sites of particular religious or sacred 

meaning, artifacts and historical items, American Indian human remains (including associated and 

unassociated funerary objects), and cultural/historical ceremonial objects (including cultural patrimony 

objects). As with all projects, upon inadvertent discovery, project activities would cease until all 

appropriate communications, further consultations, and any mitigation plans are implemented. 

5.5 REFERENCES 

DLA (Defense Logistics Agency), 2004, Final Mercury Management Environmental Impact Statement, 

Defense National Stockpile Center, Fort Belvoir, Virginia, March. 

DOE (U.S. Department of Energy), 2002, Idaho High-Level Waste & Facilities Disposition, Final 

Environmental Impact Statement, DOE/EIS-0287, Idaho Operations Office, Idaho Falls, Idaho, 

September. 

DOE (U.S. Department of Energy), 2005, “State Management of Mercury (Hg),” Safety and Health 

Bulletin, DOE/ EH -0697, Issue No. 2005-08, June. 

DOE (U.S. Department of Energy), 2008, Idaho National Laboratory Site Environmental Report, 

Calendar Year 2007, DOE/ID-12082(07), Idaho Operations Office, Environmental Surveillance, 

Education and Research Program, Idaho Falls, Idaho, September. 

DOE (U.S. Department of Energy), 2009, U.S. Department of Energy Interim Guidance on Packaging, 

Transportation, Receipt, Management, and Long-Term Storage of Elemental Mercury, Preliminary Draft, 

Oak Ridge National Laboratory, Oak Ridge, Tennessee, June 15. 

DOE and Mesa County (U.S. Department of Energy and Mesa County), 1996, Memorandum of 

Understanding Between the United States Department of Energy and The Mesa County Board of 

Commissioners, April 22. 

GSA and NNSA (U.S. General Services Administration and National Nuclear Security Administration), 

2008, Environmental Assessment for the Modernization of Facilities and Infrastructure for the Nonnuclear Production Activities Conducted at the Kansas City Plant, DOE/EA-1592, Kansas City, 

Missouri, April 21. 

White, R., 2006, “Methylmercury,” Health Effects Review, accessed through 

http://www.ijc.org/rel/pdf/health_effects_spring2006.pdf.