Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices 4801 

can bring the new highly energy 

efficient technology represented by the 

VRV–WIII product class to the market as 

soon as possible, thereby allowing the 

U.S. consumer to benefit from our high 

technology and high efficiency product, 

and from competition for other 

manufacturers who may have already 

received waivers. 

Confidential Information 

DACA makes no request to DOE for 

confidential treatment of any 

information contained in this Petition 

for Waiver and Application for Interim 

Waiver. 

Conclusion 

Daikin AC (Americas), Inc. 

Corporation respectfully requests DOE 

to grant its Petition for Waiver of the 

applicable test procedure to DACA for 

the VRV–WIII product design, and to 

grant its Application for Interim Waiver. 

DOE’s failure to issue an interim waiver 

from test standards would cause 

significant economic hardship to DACA 

by preventing DACA from marketing 

these products even though DOE has 

previously granted a waiver to other 

products currently being offered in the 

market with similar design 

characteristics. 

We would be pleased to respond to 

any questions you may have regarding 

this Petition for Waiver and Application 

for Interim Waiver. Please contact Lee 

Smith, Director of Product Marketing at 

972–245–1510 or by e-mail at 

Lee.smith@daikinac.com. 

Sincerely, 

Akinori Atarashi, 

President. 

[FR Doc. 2010–1759 Filed 1–28–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Notice of Availability of the Draft LongTerm Management and Storage of 

Elemental Mercury Environmental 

Impact Statement and Notice of Public 

Hearings 

AGENCY: Department of Energy. 

ACTION: Notice of availability. 

SUMMARY: The Department of Energy 

(DOE) announces the availability of the 

Draft Long-Term Management and 

Storage of Elemental Mercury 

Environmental Impact Statement (DOE/ 

EIS–0423D, ‘‘Draft Mercury Storage EIS’’ 

or ‘‘Draft EIS’’) for public review and 

comment during a public comment 

period that extends through March 30, 

2010. This Draft EIS has been prepared 

in accordance with the implementing 

regulations under the National 

Environmental Policy Act (NEPA) and 

evaluates the potential health and 

environmental effects of storing a 

projected total of up to 10,000 metric 

tons (11,000 tons) of elemental mercury. 

Seven alternative sites across the U.S. 

are evaluated. DOE invites the public to 

comment through the several avenues 

listed under ADDRESSES and 

SUPPLEMENTARY INFORMATION. The U.S. 

Environmental Protection Agency (EPA) 

and the Mesa County (Colorado) Board 

of Commissioners are cooperating 

agencies on this Draft EIS. 

DATES: The public is invited to submit 

oral and/or written comments on this 

Draft EIS during the public comment 

period, which extends through March 

30, 2010. DOE will consider all 

comments received or postmarked by 

that date in preparing the Final EIS, 

expected in fall 2010, and will consider 

late comments to the extent practicable. 

DOE will hold public hearings on the 

dates and at the times and locations 

listed under SUPPLEMENTARY

INFORMATION below. 

ADDRESSES: Written comments on the 

Draft Mercury Storage EIS may be 

submitted by U.S. mail to the following 

address. Mr. David Levenstein, EIS 

Document Manager, U.S. Department of 

Energy, Draft Mercury Storage EIS 

Comments, P.O. Box 2612, 

Germantown, Maryland 20874. 

Comments may be submitted 

electronically via the Mercury Storage 

EIS Web site at http:// 

www.mercurystorageeis.com, where the 

Draft EIS can be found, or by faxing tollfree to (877) 274–5462. The Draft EIS is 

also available on DOE’s NEPA Web site 

at http://www.gc.energy.gov/nepa. 

FOR FURTHER INFORMATION CONTACT: For 

further information about this Draft EIS, 

please contact Mr. Levenstein at the 

mailing address or EIS Web site listed 

above. 

For information regarding the DOE 

NEPA process, please contact: Ms. Carol 

M. Borgstrom, Director, Office of NEPA 

Policy and Compliance (GC–54), U. S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585, Telephone: 

(202) 586–4600, or leave a message at 

(800) 472–2756. 

SUPPLEMENTARY INFORMATION: The 

Mercury Export Ban Act (the Act) 

prohibits the export of elemental 

mercury from the U.S., effective January 

1, 2013 (subject to certain essential use 

exemptions). Section 5 of the Act, LongTerm Storage, directs DOE to designate 

a facility or facilities for the long-term 

management and storage of elemental 

mercury generated within the U.S. and, 

by January 1, 2013, to have the facility 

or facilities operational and ready to 

accept custody of such elemental 

mercury delivered there. 

DOE thus needs to develop a 

capability for the safe and secure longterm management and storage of 

elemental mercury generated within the 

U.S. as required by the Act. To this end, 

DOE proposes to select one or more 

existing (including modifications if 

needed) or new facilities for this 

purpose. Facilities to be constructed as 

well as existing or modified facilities 

must comply with applicable 

requirements of Section 5(d) of the Act, 

Management Standards for a Facility, 

including the requirements of the Solid 

Waste Disposal Act, as amended by the 

Resource Conservation and Recovery 

Act (RCRA). DOE is using the NEPA 

process to identify and evaluate 

candidate sites for the facility or 

facilities. EPA and the Mesa County 

(Colorado) Board of Commissioners are 

cooperating agencies on the EIS, which 

has been prepared pursuant to Council 

on Environmental Quality NEPA 

implementing regulations at 40 CFR 

Parts 1500–1508 and DOE NEPA 

Implementing Procedures at 10 CFR Part 

1021. 

DOE issued a Notice of Intent to 

prepare the EIS on July 2, 2009 (74 FR 

31723). Comments received during the 

subsequent scoping period were 

considered in preparing the Draft EIS. 

Based on a structured process described 

in the Draft EIS, DOE identified seven 

government and commercial sites as the 

range of reasonable alternatives to be 

evaluated in the EIS: DOE Grand 

Junction Disposal Site, Grand Junction, 

Colorado; DOE Hanford Site, Richland, 

Washington; Hawthorne Army Depot, 

Hawthorne, Nevada; DOE Idaho 

National Laboratory, Idaho Falls, Idaho; 

DOE Kansas City Plant, Kansas City, 

Missouri; DOE Savannah River Site, 

Aiken, South Carolina; and Waste 

Control Specialists, LLC, Andrews, 

Texas. As required under NEPA, the 

Draft EIS also analyzes a No Action 

Alternative to serve as a basis for 

comparison. 

DOE’s evaluation includes the 

facilities themselves and their locations, 

their construction, facility operations, 

and transportation to the storage 

facility(ies). Consideration of potential 

location includes climate, proximity of 

human populations, and environmental 

resource areas for each alternative, along 

with the potential human health and 

socioeconomic impacts. DOE has 

identified the Waste Control Specialists, 

LLC facility as its preferred alternative. 


jlentini on DSKJ8SOYB1PROD with NOTICES
4802 Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Notices 

Public Hearings 

DOE invites the public to present oral 

and/or written comments during public 

hearings on the Draft Mercury Storage 

EIS. Participants may register at the 

door to provide oral comments, and 

speakers will be recognized in order as 

registered. Speakers may be asked to 

limit their oral comments to five 

minutes. Speakers may be given an 

opportunity to take the floor a second 

time after all those who wish to speak 

have been given an opportunity to do 

so. 

During the first hour, the public may 

review information materials and speak 

informally with technical staff and DOE 

representatives. This will be followed 

by the formal hearing, which will be 

opened with a brief DOE presentation 

about the Draft EIS and a review of the 

hearing procedure. A court reporter will 

record all oral comments, which later 

will be publicly available. The dates, 

times and locations of all hearings are 

as follows: 

Two Rivers Convention Center, 

159 Main Street, 

Grand Junction, CO 81501, 

February 23, 

5:30 p.m.–8:30 p.m. 

El Capitan, 

540 F Street, 

Hawthorne, NV 89415, 

February 23, 

5:30 p.m.–8:30 p.m. 

Shilo Inn/O’Callahan’s Convention 

Center, 

780 Lindsay Blvd, 

Idaho Falls, ID 83402, 

February 25, 

5:30 p.m.–8:30 p.m. 

Courtyard by Marriott, 

500 East 105th Street, 

Kansas City, MO 64131, 

March 2, 

5:30 p.m.–8:30 p.m. 

Doubletree Hotel Portland—Lloyd 

Center, 

1000 NE Multnomah Street, 

Portland, OR 97232, March 2, 

5:30 p.m.–8:30 p.m. 

Red Lion Hotel Richland Hanford 

House, 

802 George Washington Way, 

Richland, WA 99352, 

March 3, 

5:30 p.m.–8:30 p.m. 

North Augusta Municipal Center, 

100 Georgia Avenue, 

North Augusta, SC 29841, 

March 4, 

5:30 p.m.–8:30 p.m. 

Eunice Community Center 

1115 Avenue I 

Eunice, NM 88231 

March 8 

5:30 p.m.–8:30 p.m. 

James Roberts Civic Center, 

855 E. Broadway, 

Andrews, TX 79714, 

March 9, 

5:30 p.m.–8:30 p.m. 

Public Reading Rooms 

Copies of the Draft EIS and supporting 

technical reports are available for public 

review at the locations listed below: 

Colorado 

Mesa County Library, 

530 Grand Avenue, 

Grand Junction, CO 81502–5019, 

(970) 243–4442. 

U.S. Department of Energy, 

Office of Legacy Management, 

2597 B 3⁄4 Road, 

Grand Junction, CO 81503, 

(970) 248–6089. 

District of Columbia 

U.S. Department of Energy, 

Freedom of Information Act Public 

Reading Room, 

1000 Independence Avenue, SW., 

Room 1G–033, 

Washington, DC 20585, 

(202) 586–5955. 

Georgia 

Augusta State University, 

Reese Library, 

2500 Walton Way, 

Augusta, GA 30904, 

(706) 737–1745. 

Savannah State University, 

Asa H. Gordon Library, 

2200 Tompkins Road, 

Savannah, GA 31404, 

(912) 356–2183. 

Idaho 

U.S. Department of Energy, 

Public Reading Room, 

1776 Science Center Drive, 

Idaho Falls, ID 83402, 

(208) 526–0833. 

Missouri 

Mid-Continent Public Library, 

Blue Ridge Branch, 

9253 Blue Ridge Boulevard, 

Kansas City, MO 64138, 

(816) 761–3382. 

Nevada 

Mineral County Library, 

First & ‘‘A’’ Street, 

Hawthorne, NV 89415, 

(775) 945–2778. 

New Mexico 

Eunice Public Library, 

1039 10th Street, 

Eunice, NM 88231, 

(575) 394–2336. 

Oregon 

Portland State University, 

Government Information, 

Branford Price Millar Library, 

1875 SW Park Avenue, 

Portland, OR 97201, 

(503) 725–5874. 

South Carolina 

University of South Carolina–Aiken, 

Gregg-Graniteville Library, 

471 University Parkway, 

Aiken, SC 29801, 

(803) 641–3320. 

South Carolina State Library, 

1500 Senate Street, 

Columbia, SC 29211, 

(803) 734–8026. 

Texas 

Andrews County Library, 

109 NW 1st Street, 

Andrews, TX 79714, 

(432) 523–9819. 

Washington 

U.S. Department of Energy, 

Public Reading Room, 

Consolidated Information Center, 

2770 University Drive, 

Room 101L, 

Richland, WA 99352, 

(509) 372–7443. 

University of Washington, 

Suzzallo-Allen Library, 

Government Publications Division, 

Seattle, WA 98195, 

(206) 543–1937. 

Gonzaga University, 

Foley Center Library, 

101–L East 502 Boone, 

Spokane, WA 99258, 

(509) 313–5931. 

Next Steps 

Following the end of the public 

comment period on the Draft EIS 

described above, DOE will consider the 

environmental impact analysis 

presented in the Final EIS, along with 

other information in making its 

decision(s) related to the management 

and storage of elemental mercury 

generated within the U.S. 

Issued in Washington, DC on January 25, 

2010. 

William M. Levitan, 

Director, Office of Environmental 

Compliance, Office of Environmental 

Management. 

[FR Doc. 2010–1826 Filed 1–28–10; 8:45 am] 

BILLING CODE 6450–01–P 


jlentini on DSKJ8SOYB1PROD with NOTICES