Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 64897 

likelihood of dam failure as defined 

below; projects at higher risk will 

receive a greater score: 

Low risk: low or significant hazard 

potential combined with a low 

likelihood of failure; or low hazard 

potential combined with a medium 

likelihood of failure. 

Moderate Risk: low hazard potential 

combined with a high likelihood of 

failure; or significant hazard potential 

combined with medium likelihood of 

failure; or high hazard potential 

combined with a Low likelihood of 

failure. 

High Risk: high or significant hazard 

potential combined with a high 

likelihood of failure; or high hazard 

potential combined with a medium 

likelihood of failure. 

(B) 0 points: The extent to which the 

project financing plan includes public 

or private financing in addition to 

WIFIA credit assistance. The Corps will 

assess this as a threshold criterion for 

creditworthiness and will assess the 

financing plan to ensure that the project 

and borrower are creditworthy. 

Considerations will include relevant 

factors such as the dedicated revenue 

sources that will secure or fund the 

project obligations; the financial 

assumptions upon which the project is 

based; and the financial soundness and 

credit history of the obligor. 

(C) 5 points: The likelihood that 

WIFIA credit assistance would enable 

the project to proceed at an earlier date 

than the project would otherwise be 

able to proceed 

(D) 1 point: The extent to which the 

project uses new or innovative 

approaches. 

(E) 10 points: The extent to which the 

project—(i) protects against extreme 

weather events, such as floods or 

hurricanes; or (ii) helps maintain or 

protect the environment. The Corps will 

assess the risk associated with the dam 

and how the proposed project 

minimizes that risk by considering the 

ability of the dam to pass the Inflow 

Design Flood (IDF) which is used as a 

proxy to evaluate the probability of an 

event occurring (i.e., dams not able to 

pass the IDF are more likely to have 

failures). The scoring will favor those 

projects that are increasing their 

capacity to successfully pass the IDF, 

which includes dam removal. 

(F) 1 point: The extent to which a 

project serves regions with significant 

clean energy exploration, development, 

or production areas. 

(G) 5 points: The extent to which a 

project serves regions with significant 

water resource challenges, including the 

need to address—(i) water quality 

concerns in areas of regional, national, 

or international significance; (ii) water 

quantity concerns related to 

groundwater, surface water, or other 

water sources; (iii) significant flood risk; 

(iv) water resource challenges identified 

in existing regional, State, or multistate 

agreements; or (v) water resources with 

exceptional recreational value or 

ecological importance. 

(H) 1 point: The extent to which the 

project addresses identified municipal, 

State, or regional priorities. 

(I) 5 points: The readiness of the 

project to proceed toward development, 

including a demonstration by the 

obligor that there is a reasonable 

expectation that the contracting process 

for construction of the project can 

commence by not later than 90 days 

after the date on which a Federal credit 

instrument is obligated for the project 

under WIFIA. 

(J) 1 point: The extent to which WIFIA 

credit assistance reduces the overall 

Federal contributions to the project. As 

noted above, a project is not eligible to 

receive CWIFP credit assistance if it is 

a congressionally authorized federal 

project authorized by an Act of Congress 

to be built by the Army Corps of 

Engineers or the Bureau of Reclamation. 

(K) 17 points: The extent to which the 

project serves economically 

disadvantaged communities and spurs 

economic opportunity for, and 

minimally adversely impacts, 

disadvantaged communities and their 

populations, which meet at least one of 

the following criteria: (i) low-income 

(the area has a per capita income of 80 

percent or less of the national average), 

(ii) unemployment rate above national 

average (the area has an unemployment 

rate that is, for the most recent 24- 

month period for which data are 

available, at least 1 percent greater than 

the national average unemployment 

rate), (iii) Indian country as defined in 

18 U.S.C. 1151 or in the proximity of an 

Alaska Native Village, (iv) U.S. 

Territories, or (v) identified as 

disadvantaged by the Climate and 

Economic Justice Screening Tool 

(developed by the Council on 

Environmental Quality and currently 

available at https://screeningtool.

geoplatform.gov). 

(L) 0 points: The project is nonfederally owned, operated or 

maintained. This criterion, which is 

being treated as a threshold criterion, 

was added for the purposes of this 

NOFA to be consistent with FR 39189. 

FR 39189 indicates that a project 

authorized by an Act of Congress to be 

built by the Army Corps of Engineers or 

Bureau of Reclamation is ineligible for 

WIFIA financing. However, a project 

that may connect to, or be tangentially 

related to, such a project, may be 

eligible depending on the factual 

circumstances (e.g., a project to upgrade 

a water distribution system that is 

connected to an Army Corps of 

Engineers or Bureau of Reclamation 

constructed water source may be 

eligible for WIFIA financing in some 

circumstances). Furthermore, a project 

at a local municipal facility might not be 

deemed ineligible simply because it was 

originally built by the Army Corps of 

Engineers or Bureau of Reclamation. 

Such questions will need to be resolved 

on a case-by-case basis. 

(M): 0 points: The amount of budget 

authority required to fund the Federal 

credit instrument made available under 

this chapter. Note: Corps will use this to 

verify that there will be sufficient 

budget authority to invite an applicant 

to apply for credit assistance. 

(N) 14 points: The project is for dam 

removal. This selection criterion was 

added for the purposes of this NOFA to 

ensure proper consideration for dam 

removal projects in the selection 

process. 

In addition to the selection criteria 

score, the Corps is required by 33 U.S.C. 

3902(a) to ‘‘ensure a diversity of project 

types and geographical locations.’’ 

Following analysis by the Corps staff, 

a final score is calculated for each 

project. Projects will be selected in 

order of score, subject to the 

requirement to ensure a diversity of 

project types and geographical 

locations. 

(Authority: 33 U.S.C. 3901–3914, 33 CFR 

386) 

Michael L. Connor, 

Assistant Secretary of the Army (Civil Works). 

[FR Doc. 2023–20286 Filed 9–19–23; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF ENERGY 

Notice of Availability of Interim 

Guidance on Packaging, 

Transportation, Receipt, Management, 

Short-Term and Long-Term Storage of 

Elemental Mercury 

AGENCY: Office of Environmental 

Management, U.S. Department of 

Energy. 

ACTION: Notice of availability of 

guidance. 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) gives 

notice of interim guidance U.S. 

Department of Energy Interim Guidance 

on Packaging, Transportation, Receipt, 

Management, Short-Term and LongTerm Storage of Elemental Mercury. The 


lotter on DSK11XQN23PROD with NOTICES1
64898 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

interim guidance updates DOE’s 2009 

U.S. Department of Energy Interim 

Guidance on Packaging, Receipt, 

Management, and Long-Term Storage of 

Elemental Mercury (2009 Long-Term 

Storage Guidance) and 2019 Guidance 

for Short-Term Storage of Elemental 

Mercury by Ore Processors (2019 ShortTerm Storage Guidance). 

DATES: A 30-day public comment period 

began on May 2, 2023, with the issuance 

of the Notice of Availability of the 

Interim Guidance (88 FR 27495) and 

following a request to extend the 

comment period, was later extended to 

July 3, 2023 (88 FR 34491). 

FOR FURTHER INFORMATION CONTACT: 

David Haught, U.S. Department of 

Energy, Office of Environmental 

Management, Office of Waste Disposal 

(EM–4.22), 1000 Independence Avenue 

SW, Washington, DC 20585, (202) 586– 

5000, or by email at david.haught@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mercury Export Ban Act of 2008 

(Pub. L. 110–414) (MEBA of 2008) as 

amended by the Frank R. Lautenberg 

Chemical Safety for the 21st Century 

Act (Pub. L. 114–182) (Chemical Safety 

Act of 2016) banned the export of 

elemental mercury and certain mercury 

compounds and provided for long-term 

and interim (i.e., short-term) 

management and storage of elemental 

mercury. Specifically, MEBA of 2008 

required the U.S. Department of Energy 

(DOE) to designate a facility or facilities 

for the long-term management and 

storage of elemental mercury (referred to 

herein as the Long-Term Elemental 

Mercury Storage Facility (LTEMSF)) and 

to issue guidance on recommended 

standards and procedures for receipt, 

management, and long-term storage of 

elemental mercury. 42 U.S.C. 

6939f(a)(1), (d)(1). In accordance with 

these requirements, DOE, after 

consultation with the EPA and 

appropriate State agencies in potentially 

affected States, issued the 2009 LongTerm Storage Guidance on November 

13, 2009. The Chemical Safety Act of 

2016 provided for interim onsite storage 

of elemental mercury for certain 

generators, while awaiting availability 

of the DOE-designated LTEMSF. 42 

U.S.C. 6939f(g)(2)(D). It further required 

DOE to issue guidance on recommended 

standards and procedures for 

management and short-term onsite 

storage. 42 U.S.C. 6939f(g)(2)(E). In 

accordance with this requirement, DOE 

issued the 2019 Short-Term Storage 

Guidance. 

Interim Guidance Document 

Both the 2009 Long-Term and 2019 

Short-Term Storage Guidance 

documents were based on certain 

planning assumptions. However, in 

recognition that some key underlying 

assumptions of the guidance documents 

had changed since the issuance of those 

documents, DOE decided to revise both 

documents in a new, combined 

guidance document. On May 2, 2023, 

after both consultation with EPA and 

DOT and an opportunity for 

consultation with potentially affected 

States, DOE issued draft U.S. 

Department of Energy Interim Guidance 

on Packaging, Transportation, Receipt, 

Management, Short-Term and LongTerm Storage of Elemental Mercury and 

requested comments on that draft 

guidance (88 FR 27495). Following a 

request to extend the comment period, 

DOE extended the period for public 

comment to July 3, 2023 (88 FR 34491). 

DOE received a total of about 50 

comments from eight entities, including 

EPA, DOT, and potentially affected 

States, and has made certain changes in 

the interim guidance to reflect responses 

to the comments received. The interim 

guidance document, U.S. Department of 

Energy Interim Guidance on Packaging, 

Transportation, Receipt, Management, 

Short-Term and Long-Term Storage of 

Elemental Mercury, may be found at: 

https://www.energy.gov/em/long-termmanagement-and-storage-elementalmercury. This interim guidance 

document supersedes and rescinds the 

2009 Long-Term Storage Guidance and 

the 2019 Short-Term Storage Guidance. 

Signing Authority 

This document of the Department of 

Energy was signed on September 14, 

2023, by Kristin G. Ellis, Acting 

Associate Principal Deputy Assistant 

Secretary for Regulatory and Policy 

Affairs, Office of Environmental 

Management, pursuant to delegated 

authority from the Secretary of Energy. 

That document with the original 

signature and date is maintained by 

DOE. For administrative purposes only, 

and in compliance with requirements of 

the Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication, as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on September 

15, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2023–20319 Filed 9–19–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

President’s Council of Advisors on 

Science and Technology (PCAST) 

AGENCY: Office of Science, Department 

of Energy. 

ACTION: Notice of closed meeting. 

SUMMARY: This notice announces a 

closed meeting of the President’s 

Council of Advisors on Science and 

Technology (PCAST). The Federal 

Advisory Committee Act (FACA) 

requires that public notice of these 

meetings be announced in the Federal 

Register. 

DATES: Thursday, September 26, 2023; 

1:30 p.m. PT. 

ADDRESSES: San Francisco, CA 

FOR FURTHER INFORMATION CONTACT: Dr. 

Reba Bandyopadhyay, Designated 

Federal Officer, PCAST, email: PCAST@

ostp.eop.gov; telephone: (202) 881– 

7163. 

SUPPLEMENTARY INFORMATION: PCAST is 

an advisory group of the nation’s 

leading scientists and engineers, 

appointed by the President to augment 

the science and technology advice 

available to him from the White House, 

cabinet departments, and other Federal 

agencies. See the Executive Order at 

www.whitehouse.gov. PCAST is 

consulted on and provides analyses and 

recommendations concerning a wide 

range of issues where understanding of 

science, technology, and innovation 

may bear on the policy choices before 

the President. The Designated Federal 

Officer is Dr. Reba Bandyopadhyay. 

Information about PCAST can be found 

at: www.whitehouse.gov/PCAST. 

Tentative Agenda 

Closed portion of the meeting: PCAST 

may hold a closed meeting of 

approximately one hour with the 

President on September 26, 2023, which 

must take place at the scheduling 

convenience of the President and to 

maintain Secret Service protection. This 

meeting will be closed to the public 

because the meeting is likely to disclose 

matters that are to be kept secret in the 

interest of national defense or foreign 

policy under 5 U.S.C. 552b(c)(1). 

This notice is being published less 

than 15 days prior to the meeting due 

to scheduling difficulties. 


lotter on DSK11XQN23PROD with NOTICES1